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HomeMy WebLinkAbout09/26/12_CC_AGENDA_PACKET'9► .. BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 26, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. 2. 3. 4. 5. 6. (15 min) 7. 8. ROLL CALL INVOCATION by Imam Aldurrah, Alfarooq Islamic Center. PLEDGE OF ALLEGIANCE by Jordyn Reyes, 4th grade student at Suburu Elementary School. PRESENTATION a. Presentation of a check by the local Sikh community to Chief Greg Williamson, on behalf of Lt. Brian Murphy, Oak Creek, Wisconsin, Police Department, in appreciation of his averting further casualties during the shootings last month at the Oak Creek Sikh Temple. PUBLIC STATEMENTS WORKSHOPS a. Golden Empire Transit District Long Range Transit Study (presentation by Karen King, Chief Executive Officer). APPOINTMENTS CONSENT CALENDAR Minutes: a. Approval of minutes of the September 12, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from August 28, 2012 to September 13, 2012 in the amount of $32,755,746.45 and self- insurance payments from August 28, 2012 to September 13, 2012 in the amount of $268,017.74, totaling $33,023,764.19. 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 authorize collection of the assessments by the Kern County Tax Collector. d. Resolution determining that certain Motorola Radio Equipment cannot be obtained through the usual bidding procedures because of the need to integrate in the existing radio infrastructure and authorizing the Finance Director to dispense with bidding thereof, not to exceed the budgeted amount of $150,300. 8. CONSENT CALENDAR continued e. Resolution supporting Proposition 35 (Californians Against Sexual Exploitation Act), f. Resolution authorizing the sale ($1.00) of Self Contained Breathing Apparatus to Santiago De Quer6taro, Mexico, a governmental entity and Bakersfield Sister City. g. New Job Specification and Change to Salary Schedule: l . Amendment No. 3 to Resolution No, 111 -11 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Revenue Program Supervisor. 2. New Job Specification: Revenue Program Supervisor (# 57070). (Ward 2) h. Resolution adding territory, Area 4 -108 (2830 Eye Street) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5,7) i, Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report: ROI No. 1725 adding Area 3 -86 (E of SE corner of Panama Lane and Old River Road). 2. ROI No. 1726 adding Area 5-64 (9001 S H Street). (Ward 2) j, Resolution of Intention No. 1727 forming a Traffic Signal Maintenance District designated as TS -22 (2615 -2700 Chester Avenue) and preliminarily adopting, confirming and approving the Public Works Director's Report, (Ward 5) k. Pin Oak Park Playstructure: l , Resolution determining that Pin Oak Park 2 to 5 year old children's playground cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to design, purchase and install Playworld #C12054PM Playmaker Playstructure from Dave Bang Associates, Inc., not to exceed $40,000, 2. Agreement with Dave Bang Associates, Inc. (not to exceed $40,000), to design, purchase and install playstructure. Agreements: (Ward 3) I. Agreement with Clifford and Brown for legal services (not to exceed $75,000) in connection with the acquisition of easements required by the conditions of Tentative Parcel Map 11894. (Ward 2,4,5) M. Contract Change Order No. 61 to Agreement No. 09 -076 with Security Paving Company, Inc. ($52,505.80; revised not to exceed $87,461,338.95/funded with traffic impact fees), for the construction of the Westside Parkway Phase 2 Project. (TRIP) 2 City Council Meeting of 09/26/2012 8. CONSENT CALENDAR continued (Ward 3) n. Contract Change Order Nos. 1 through 3 to Agreement No. 12 -064 with Granite Construction Company ($139,306.20; revised not to exceed $897,876.20) for construction of State Route 184 at Bedford Green Drive. Bids: (Ward 2) o. Accept bid from Mity Lite, Inc. ($79,940.93), for replacement tables for use in the Convention Center and Rabobank Arena. P. Rescind bid award to Ride Now Powersports for four police special motorcycles for the Police Department. q. Police Special Sedans: Extend bid from Jim Burke Ford ($321,952.68) for fourteen additional four door police special sedans for the Police Department. 2. Appropriate $56,000 Equipment Fund balance to the Public Works and IT operating budgets within the Equipment Management Fund. Miscellaneous: r. Appropriate $12,000 Federal Grant Revenues to the Police Department Operating budget within the General Fund to purchase uniforms and equipment for officers participating in multi- agency narcotics operations. S. Appropriate and transfer $15,000 Fire Trust - Hazmat Penalty Funds to the Certified Unified Program Agency Fund Operating budget for mandated online records entry into the California Electronic Reporting System 2.0 System. (Ward 1) t. Approval of like kind land exchange with the Housing Authority of Kern, LLC, for property located west of South Union Avenue and north of Panama Lane. (Ward 6) U. Quitclaim Deed to JEC Panama, LLC, and C &C Properties, Inc., removing a Temporary Turnaround Easement in Parcel Map 11118, located south of Pacheco Road and east of Gosford Road. Successor Agency Business: V. Receive and file successor agency payments from August 28, 2012 to September 13, 2012 in the amount of $87,072.64. Staff recommends adoption of Consent Calendar items 8.a. through 8. v. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS a. Public hearing to consider adoption of resolution certifying the Final Environmental Impact Report (EIR) for the Kern River Flow and Municipal Water Program. (Staff recommends adoption of Resolution.) (Ward 4) b. Public hearing to consider adoption of resolution establishing Underground Utility District No. 4, Division 01 (Allen Road at the Westside Parkway). (Staff recommends adoption of Resolution.) (TRIP) 3 City Council Meeting of 09/26/2012 11. REPORTS 12. DEFERRED BUSINESS a, City Council Meeting Times: I , Adoption of Ordinance amending Chapter 2,04,010 of the Municipal Code relating to City Council Meeting times, (FR 9112112) 2, Resolution adopting a City policy regarding the starting times for City Council meetings, 13. NEW BUSINESS 14. CLOSED SESSION a, Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (two matters), RECESS TO CLOSED SESSION 15. CLOSED SESSION ACTION 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT 9/19/12 4:33pm Respectfully submitted, q14, J Alan Tandy City Manager 4 City Council Meeting of 09/26/2012 AGENDA HIGHLIGHTS September 26, 2012 COUNCIL MEETING Item Be. Resolution Supporting Proposition 35 (Californians Against Sexual Exploitation Acts. Proposition 35, the "CASE" Act, will appear on the November, 2012 California Ballot. Intended to strengthen the laws relating to human tafficking, it proposes to deter traffickers by increasing sentencing, require those convicted of human trafficking to register as sex offenders, and require police officers to complete human trafficking training. The League of California Cities, as well as several other cities and governmental agencies, have endorsed the CASE Act. Item 10a. Certification of the Final EIR for the Kern River Flow and Municipal Water Program. As an important step forward in the City's quest to bring additional water into the Kern River, the Final Environmental Impact Report (A CEQA requirement) is now complete and ready for certification by the City Council. The Program will utilize additional water supplies that will become available to the City in 2015, following the expiration of agreements with several of the agricultural districts. Also, with certification of the Final EIR, we will continue the process to obtain the surplus unappropriated water that should remain in the River for the numerous beneficial uses that have been well noted and supported by the community. The 45 -day public review period for the draft EIR took place from June 20 through August 6, 2012, and the Water Board held a public hearing on July 11, 2012 to receive comments. Not surprisingly, the majority of comments submitted were overwhelmingly in support of the proposed program. Staff requests adoption of the resolution. Item 12a. On September 12, 2012, the first reading of an amendment to the ordinance relating to the City Council meeting times took place. This item requests adoption of the ordinance and a resolution to begin the regular meetings at 3:30 p.m., beginning in January, 2013. The primary purpose of the earlier start time will be to address Closed Session items. There will be a conference with legal counsel regarding two matters of potential litigation. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File MEETING DATE: September 26, 2012 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: September 14, 2012 APPROVED DEPARTMENT HEAUK �.. CITY ATTORNEY CITY MANAGER SUBJECT: Presentation of a check by members of the local Sikh community to Chief Greg Williamson, on behalf of Lt. Brian Murphy, Oak Creek, Wisconsin, Police Department, in appreciation of his averting further casualties during the shootings last month at the Oak Creek Sikh Temple. RECOMMENDATION: BACKGROUND: krt AK ADMINISTRATIVE REPORT t MEETING DATE: September 26, 2012 AGENDA SECTION: Workshop ITEM: , 0. TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD AT DATE: September 14, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Golden Empire Transit District Long Range Transit Study (presentation by Karen King, Chief Executive Officer) RECOMMENDATION: No Action Required. BACKGROUND: rg September 14, 2012, 3:01 PM MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: $, q, . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk September 14, 2012 APPROVED DEPARTMENT HEAD_1AT CITY ATTORNEY CITY MANAGER _& Approval of Minutes of the September 12, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 13, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from August 28, 2012 to September 13, 2012 in the amount of $32,755,746.45, Self Insurance payments from August 28, 2012 to September 13, 2012 in the amount of $268,017.74, totaling $33,023,764.19 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: This listing is larger than normal as it includes the annual Senior Citizen Refuse Refund payments. This batch includes 5,384 refunds totaling approximately $485,310. September 14, 2012, 8:51 AM S:1Kim G\HDMIN \COUNCIL - ADMIN- AP- 2013WDMIN -AP 092612.doc MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM Ia. C . TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: September 10, 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 September 10, 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 /Counciimember Salas 1. 811 Banjo Court 171- 222 -19 $ 300.00 2. 4600 Brunswick Street 171- 161 -05 $ 944.00 3. 120 Dr. Martin Luther King Jr. Blvd. 018- 400 -07 $ 1,399.00 4. 345 Dr. Martin Luther King Jr. Blvd. 019 - 181 -22 $ 300.00 5. 1819 Filson Street 172- 043-09 $ 1,044.00 6. 409 K Street 009 - 311 -12 $ 1,044.00 7. 105 S. Kincid Street 168 - 171 -03 $ 105.00 September 7, 2012, 1:25PM /kd S: \Dana\ADMINS\2012 \SEPn9 -26- Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Salas 8. 508 Leland Avenue 022 - 293 -13 $ 300.00 9. 124 Liggett Street 139 -391 -04 $ 1,189.00 10. 5521 Mar Grande Drive 173- 580 -26 $ 105.00 11. 335 S. Owens Street 018- 290 -31 $ 105.00 12. 913 P Street 009 - 162 -09 $ 700.00 13. 637 R Street 009 - 380 -09 $ 105.00 14. 220 Rodman Street 139- 341 -12 $ 105.00 15. 1614 Rosalia Drive 022 - 131 -27 $ 740.00 16. 624 T Street 009 - 480 -53 $ 300.00 17. 630 T Street 009 - 480 -52 $ 300.00 18. 700 T Street 009- 480 -51 $ 300.00 19. 1027 T Street 009 - 080 -07 $ 300.00 20. 15 U Street 010- 032 -21 $ 719.00 21. 915 Watts Drive 170- 132 -09 $ 999.00 22. 1006 Watts Drive 170 -221 -07 $ 300.00 23. 515 E. 9th Street 139 - 161 -09 $ 300.00 24. 519 9th Street 009 - 192 -11 $ 300.00 25. 530 E. 9th Street 139- 111 -05 $ 105.00 26. 600 E. 9th Street 139- 112 -10 $ 300.00 27. 1405 E. 9th Street 018- 062 -08 $ 1,059.00 28. 1422 E. 9th Street 018- 061 -18 $ 999.00 Ward 2 /Counciimember Benham 29. 1513 Beale Avenue 013 - 250 -13 $ 105.00 30. 1316 E. California Avenue 017- 360 -10 $ 1,1 19.00 31. 117 Columbus Street 124- 122 -05 $ 1,597.00 32. 229 Eye Street 010- 280 -09 $ 300.00 33. 233 Eye Street 010- 280 -07 $ 989.00 34. 303 Eye Street 010- 140 -13 $ 300.00 35. 613 Eye Street 009 - 281 -07 $ 105.00 36. 240 Flower Street 012- 220 -11 $ 755.00 37. 1020 Gage Street 015- 380 -08 $ 300.00 38. 1120 Gage Street 015- 350 -10 $ 300.00 39. 1222 Kentucky Street 015- 400 -12 $ 949.00 40. 722 Lake Street 014 - 130 -15 $ 300.00 41. 223 Monterey Street 014- 180 -04 $ 300.00 42. 316 Monterey Street 014- 060 -16 $ 1,399.00 43. 1 130 Oregon Street 015- 090 -09 $ 300.00 44. 1308 Oregon Street 015- 110 -11 $ 105.00 45. 907 Pacific Street 015- 070 -02 $ 105.00 46. 1412 Pacific Street 015- 040 -13 $ 1,139.00 September 7, 2012, 1:26PM /kd S:\ Dana\ADMINS\2012 \SEPT19 -26- Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 2 /Counciimember Benham 47. 1516 Pacific Street 015- 030 -15 $ 660.00 48. 100 Quincy Street 012 -032 -16 $ 105.00 49. 1908 Verde Street 008 - 334 -11 $ 105.00 50. 2005 Verde Street 008- 341 -02 $ 1,499.00 51. 416 17th Street 006 - 124 -22 $ 300.00 52. 412 E. 18th Street 016 - 170 -11 $ 105.00 Ward 3 /Counciimember Weir 53. 2904 Eissler Street 146- 262 -06 $ 105.00 54. 3413 Juniper Ridge Road 438 - 051 -16 $ 105.00 55. 2819 Panorama Drive 382 - 181 -08 $ 1,735.00 56. 3112 Pomona Street 021 - 351 -02 $ 1,299.00 57. 6921 Yuma Way 507 - 114 -06 $ 300.00 Ward 4 /Counciimember Couch 58. 11911 Aurora Valley Avenue 528- 243 -21 $ 105.00 59. 9409 Chinook Avenue 451 - 252 -13 $ 696.00 60. 10500 Hageman Road 526- 081 -14 $ 105.00 61. 5310 Ranelagh Way 526 - 163 -01 $ 300.00 62. 9808 Theodora Avenue 449 -201 -11 $ 300.00 Ward 5 /Counciimember Hanson 6100 Quaking Aspen Street 498- 102 -11 $ 63. 6310 Catarata Street 535 - 032 -15 $ 105.00 64. 10701 Grand Prairie Drive 497 - 235 -19 $ 105.00 65. 10703 Pleasant Valley Drive 497- 251 -18 $ 105.00 66. 7309 Ruston Lane 385 - 281 -10 $ 775.00 Ward 6 /Couclimember Sullivan 67. 5809 Caoba Court 355 -162 -11 $ 775.00 68. 5207 Cedarbrook Lane 499 - 065 -03 $ 300.00 69. 2804 Courtleigh Drive 355- 102 -09 $ 794.00 70. 6004 Cypress Point Drive 194- 441 -06 $ 105.00 71. 6909 Grassy Knob Street 498 - 463 -04 $ 824.00 72. 6100 Quaking Aspen Street 498- 102 -11 $ 1,044.00 73. 5607 Rockview Drive 532- 071 -17 $ 105.00 74. 2800 Whitley Drive 355 - 355 -20 $ 1,169.00 September 7, 2012, 1:26PM/kd S: \Dana\ADMINS\2012 \SEPT\9 -26- Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 7 /Counciimember Johnson 75. 2020 Butterfield Avenue 76. 2500 Emerald Street 77. 4309 Jackson Ridge Avenue 78. 1700 Lacey Avenue 79. 5504 Marcy Street 80. 4021 Milo Avenue 81. 2517 Pacheco Road 82. 8404 Verona Drive 83. 6915 Whisenant Street APN COST 372 - 393 -08 $ 1,044.00 023 - 273 -01 $ 919.00 514- 492 -05 $ 1,089.00 023 - 212 -05 $ 105.00 372 - 391 -05 $ 925.00 371 - 345 -06 $ 300.00 372 - 091 -05 $ 1,044.00 514- 401 -03 $ 300.00 516- 411 -05 $ 789.00 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. September 7, 2012, 1:26PM /kd S: \Dana\ADMrNS \2012 \SEPn9 -26- Property Abatement.doc MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 24, 2012 APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution determining that certain Motorola radio equipment cannot be obtained through usual bidding procedures because of the need to integrate into the existing radio infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $150,300. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Police portable radios must be standardized for the safety of uniformed officers and detectives. In addition, the City exclusively uses Motorola radio equipment City -wide to permit City personnel to communicate over radio channels. Portable radios must be compatible with the City's existing radio infrastructure. The City's radio systems are exclusively Motorola, which utilizes certain proprietary tones and codes for access through various segments of the existing radio systems. This Resolution authorizes the Finance Director to dispense with customary bidding procedures and purchase replacement radio equipment from Motorola Communications, Inc. This is the first of two phases to replace outdated portable radios and to unify department wide safety equipment. Sufficient funds are budgeted. There is no General Fund impact associated with this purchase. wh August 24, 2012, 11:26AM G:\GROUPDAT\ADMINRPT\ADMINFORM.doc MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: 8-e, TO: Honorable Mayor and City Council APPROVED 4:10011 DATE: SUBJECT: Virginia Gennaro, City Attorney September 17, 2012 DEPARTMENT HEAD. Vtr CITY ATTORNEY__ CITY MANAGER Resolution supporting Proposition 35 (Californians Against Sexual Exploitation Act). (All wards) RECOMMENDATION: For Council consideration. BACKGROUND: Human trafficking is the fastest growing and second largest criminal industry in the world, second only to drug trafficking. There is an estimated 12.3 million victims worldwide, with an average entry age into the sex trade between 12 and 14 years old for American minors. For the last few weeks, members of the public have asked the City Council to announce its support for Proposition 35, also known as the Californians Against Sexual Exploitation ( "CASE ") Act. The Act aims to address the shortcomings in the current laws as they relate to human trafficking. Below are some of the Act's proposals: • Increase sentencing for convicted human traffickers up to 15- years -to -life; • Require defendants convicted of human trafficking to register as sex offenders; and • Require police officers to complete human trafficking training. it is estimated that the minimum additional costs to the City for implementing the CASE Act is $168,650 per year. This cost reflects the additional officers and staff required to monitor the increased number of registered sex offenders, and the cost of training police officers. The attached Resolution announces the City's support of the Act. By adopting it, the City will be joining several cities, governmental agencies and the League of California Cities in their endorsement of the CASE Act. JST:Isc S: \COUNCIL \Admins \12 -13 Admins \CaseActSupport.docx MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: S. P TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 12, 2012 CITY ATTORNEY p�. CITY MANAGER �W SUBJECT: Resolution to Authorize sale of Self Contained Breathing Apparatus (SCBA) to Santiago de Queretaro, Mexico, a governmental entity and Bakersfield sister city for one dollar ($1.00). RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City has received a request from the City of Santiago de Quer6taro, Mexico, a governmental entity and Bakersfield sister city, to receive obsolete SCBAs. The City has a surplus of one hundred sixty (160) SCBAs that are no longer National Fire Protection Association (NFPA) compliant for use by staff. Staff recommends the sale of obsolete SCBAs to the City of Santiago de Quer6taro, Mexico, for one dollar ($1.00). The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any sale to a governmental entity or non - profit organization shall be subject to confirmation and approval by the City Council. The equipment is being donated "as is with all faults" to remove the City from any potential liability claims. September 13, 2012, 9:50AMlkb &%PURCHWDMINWdmin 12- 131Surplus Property SCBAs, September 26, 2012.docx A ADMINISTRATIVE REPORT MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD DATE: September 14, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: New Job Specification and Change to Salary Schedule 1. Amendment No. 3 to Resolution No. 111 -11 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Revenue Program Supervisor 2. New Job Specification: Revenue Program Supervisor ( #57070) RECOMMENDATION: Staff recommends adoption of the resolution and approval of the new job specification. BACKGROUND: The Public Works Director requested a review to assess current work functions to better support recent staffing changes and the long term goals for staff development and succession planning in the Wastewater Division. As a result, the Human Resources Division has conducted a review and is recommending the creation of the Revenue Program Supervisor classification for the Wastewater Division of the Public Works Department. The incumbent is performing work well within the scope of the Revenue Program Supervisor job classification. This is due to supervising and performing complex accounting and auditing functions; developing and recommending revenue budgeting and rate setting; coordinating and managing revenue budget process; and managing the sewer enterprise fund. There is a budgetary impact from the Accountant I position to the Program Revenue Supervisor position. The reclassification of this position will increase the current 2012 -13 budget by approximately $4,200 (7.320. Offsetting savings are available from current vacancies within the Wastewater Division. Current Salary Grade for Accountant I: 22.359 23.478 24.659 25.887 27.182 Proposed Salary Grade for Revenue Program Supervisor: 26.456 27.781 29.172 30.635 32.162 The Revenue Program Supervisor position is in the General Supervisory Unit and does not require SEIU approval. ADMINISTRATIVE REPORT a mu�r� The new job specification was presented and approved by the Miscellaneous Civil Service Board at their September 18, 2012 meeting. (mm) MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: a, VX. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: September 11, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution to add territory, Area 4 -108 (2830 Eye Street) 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 2) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On September 12, 2012, the Council adopted Resolution of Intention No. 1724 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: \GROUPDAT \ADMINRPT\2012 \09 -26 \Res Estab CMD 4- 108.docx A ADMINISTRATIVE REPORT c u MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, ' , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September 11, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_�cS _ Resolutions of Intention (ROI) to add the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each. 1. ROI # 1725 to add Area 3 -86 (E Road) - Ward 5 2. ROI # 1726 to add Area 5 -64 (9001 of SE corner of Panama Lane & Old River S H Street) - Ward 7 RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. 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 territories be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers) /developer(s) to be recorded with the subdivision map. ps G: \GROUPDAT \ADMINRPT \2012 \09- 26 \ROI est CMD 3 -86 5- 64.docx A ADMINISTRATIVE REPORT /F 0 MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council ( APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD S\'�� DATE: September 11, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1727 to form a Traffic Signal Maintenance District, designated as TS -22 (2615 -2700 Chester Avenue) and preliminarily adopting, confirming and approving the Public Works Director's Report. (Ward 2) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to form a Traffic Signal Maintenance District as required by section 13.04.021 of the Municipal Code. Formation of the Traffic Signal Maintenance District will provide for the operation and maintenance of a convenient traffic signal. Staff is recommending the new territory be added to the Traffic Signal 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 Traffic Signal 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 Traffic Signal 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:\ GROUPDAT \ADMINRPT\2012 \09- 26 \TS -22 ROI Admin.doc MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: B. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks August 29, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY r� CITY MANAGER Design, supply, and install 2 to 5 year old children's playground at Pin Oak Park. (ward 5) Resolution determining that Pin Oak Park 2 to 5 year old Children's playground cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to design, purchase and install Playworld #C12054PM Playmaker Playstructure from Dave Bang Associates, Inc., not to exceed $40,000. 2. Approve the agreement to design, purchase and install Playworld #C 12054PM Playmaker Playstructure in Pin Oak Park from Dave Bang Associates, Inc., for a total amount not to exceed $40,000. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: in 2010, the City completed the rehabilitation of the 5 to 12 year old children's playground in Pin Oak Park. A replacement of the existing 2 to 5 year old children's playground was not part of the rehabilitation project and it has since been removed due to normal wear. Staff recommends the design, supply, and installation of a 2 to 5 year old children's playground that will match the existing 5 to 12 year old children's playground theme, color scheme, and compatibility with the original supplier and installer. The original supplier and installer, Dave Bang Associates, Inc., was contacted to design, supply and install the 2 to 5 year old children's playground. Sufficient funding exists within the remaining appropriated budget for the playground rehab at Pin Oak project and will have no budget impact on the General Fund. August 29, 2012, 9:36AM:kt S: \ADMINISTRATION DIVISION \Admin Rpts \2011 Admins \Pin Oak 25 Playground-dispense with bid.docx MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: September 11, 2012 SUBJECT: Agreement with Clifford & Brown fo r connection with the acquisition of Tentative Parcel Map 11894. (Ward 3) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: APPROVED DEPARTMENT HEAD CITY ATTORNEY A4 CITY MANAGER legal services (not to exceed $75,000) in easements required by the conditions of Developer (Rio Bravo Investment Group, LLC) is in the process of developing a cancer center on the southwest corner of the intersection of State Route 178 and Morning Drive subject to the conditions of Tentative Parcel Map 11894. To satisfy the conditions of Tentative Parcel Map 11894, Developer must provide the City with slope and drainage easements associated with the construction of Morning Drive south of State Route 178. Despite its diligent efforts, Developer has been unable to secure the easements. As such, Developer has requested that the City acquire these easements through its eminent domain power. Pursuant to our general policy and practice related to. Developer Initiated Eminent Domain, Developer has deposited $50,000 as an advance on the payment of all costs associated with the condemnation ( "Costs Deposit ") and has also deposited the estimated value of the acquisition ($82,500). Developer has agreed, in a separate written agreement with the City, to cover all costs of the acquisition and to fully replenish the Costs Deposit when it is depleted below $15,000. The law firm of Clifford & Brown, which is readily familiar with real property acquisitions of this type, has agreed to pursue the eminent domain action, an action which will be fully funded by Developer at no cost to the City. If approved, the attached Agreement will finalize retention of Clifford & Brown for this matter. AH:Isc S: \COUNCIL \Admins \12 -13 Admins \C &B.RioBravoEmDomain.docx ADMINISTRATIVE REPORT MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: R_ w► TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEA 1' DATE: September 14, 2012 CITY ATTORNEY CITY MANAGERS SUBJECT: Contract Change Order No. 61 to Agreement No. 09 -076 with Security Paving Company, Inc. ($52,505.80; revised not to exceed $87,461,338.95 / change order funded with traffic impact fees) for the construction of the Westside Parkway Phase II Project (TRIP) (Wards 2, 4 and 5). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Construction plans for this project show Coffee Road reduced to one lane in the northbound direction during the construction of two drainage systems on the outside lanes of Coffee Road. To minimize disruption to the travelling public, the construction staging area will be modified to provide for a minimum of two lanes during the day. Some of the work to construct the drainage systems will still require Coffee Road to be reduced to one northbound lane; however, this work will occur in the evening for the convenience of the travelling public. As part of these modifications, one of the drain systems will be moved to the east and portions of the system will be deleted. Temporary concrete railing must be adjusted from the current location to provide better traffic flow. This Change Order also includes modifications to a drainage inlet at the corner of Brimhall Road and Coffee Road to maintain proper drainage and avoid conflicts with existing underground utility lines. Staff and the contractor have reviewed the costs for these modifications; however, concurrence has not been reached. Staff estimates a cost of $52,505.80 for this additional work. The contractor has not signed this proposed Change Order since the contractor does not concur with this amount. However, these modifications must be implemented in the next couple of weeks to avoid future setbacks with completion of the project. In order to meet project timelines, staff recommends approval of this Change Order using the staff calculated cost and without the contractor's signature. If the contractor later submits acceptable justification for a revision to this cost, staff will review the additional information and, if changes are warranted, a revised contract change order will be placed on a future council agenda. It G: \GROUPDATIADMINRPT \2012\09- 26\Admin Rpt CCO 61 Westside Parkway Phase 2 - revised.dom Project N T9PW20 Staff recommends approval of Contract Change Order No. 61. Change Orders to date, including these proposed Change Orders, total $10,888,893.88. This is a 14.2% increase over the original Agreement as illustrated below: Original Contract Amount = $ 76,572,445.07 Previous Change Orders = $10,836,388.08 Current Change Order No. 61 = $ 52,505.80 Amended Contract Agreement after Change Orders = $ 87,461,338.95 Net Increase to date = $ 10,888,893.88 Sufficient funds have been previously budgeted to pay for these contract change orders. Most of the added cost for project change orders to date is due to Change Order No. 21 ($5.9 million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was always paying for, but which was originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had bid, KCWA management requested that the City construct this box culvert as part of the freeway project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water Storage District. When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project as any unused funds would have to be given back to the State. This resulted in portions of the project construction bid and contract award being accomplished with less than final design work completed and as such, a higher amount of change orders than normally anticipated are expected as the construction progresses. However, because of the extraordinarily favorable bid climate at the time, the City was able to extend the project limits from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. These series of actions have been in the best interest of completing this Project, which is a critical component of the TRIP program. It G: \GROUPDATWDMINRPT \2012\09- 26Wdmin Rpt CCO 61 Westside Parkway Phase 2 - revised.dom Project # T9PW20 BA � ym�A4 s ADMINISTRATIVE REPORT IF O MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: , n TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: September 12, 2012 CITY ATTORNEY �4 CITY MANAGER 4S SUBJECT: Contract Change Order Nos. 1 through 3 to Agreement No. 12 -064 with Granite Construction Company ($139,306.20; revised not to exceed $897,876.20) for the construction of State Route 184 at Bedford Green Drive (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for reconstruction of State Route 184 at Bedford Green Drive. The project will lower high points on State Route 184 in order to provide for improved sight distance for future traffic on Bedford Green Drive. Contract Change Order No. 1 provides for additional Class II aggregate base to be placed in the roadway. Once excavation began on State Route 184, it was discovered that the roadway section was thinner than originally anticipated. This requires the contractor to bring in additional aggregate base material and to haul off the replaced native material. This work is necessary in order to construct an adequate roadway structural section. The contractor has agreed to accept a lump sum of $54,481.04 for performing this work. Contract Change Order No. 2 provides for constructing an additional 500 -foot roadway taper in the westbound lanes at the west end of the project. Caltrans ordered that this work be done to provide for a longer transition to the narrower roadway at the west end of the project. The contractor has agreed to do this work for $67,763.16. Contract Change Order No. 3 provides for changes to the intersection of Bedford Green Drive and State Route 184. These changes to the Caltrans' plan are necessary in order to match the future improvements for Bedford Green Drive. The contractor has agreed to perform these changes for $17,062.00 The net cost increase of Contract Change Orders 1 through 3 is $139,306.20 (which is 18.4% of the original contract amount) as illustrated below: • Original Contract Amount = $758,570.00 • Amended Contract Agreement after Change Orders = $897,876.20 Net Increase to date = $139,306.20 Sufficient funds are budgeted to fund these Change Orders. There is no General Fund impact associated with these Change Orders. RM (Construction) September 12, 2012, 3:50PM G:\ GROUPDAT \HDMINRPT\2012 \09- 26 \CCO 1 -3 State Route 184 at Bedford Green.doc MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 7, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Mity Lite, Incorporated, Orem, Utah, in the amount of $79,940.93 for replacement tables for use in the Convention Center and Rabobank Arena. (Ward 2) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to fifty six (56) suppliers of furniture. Two (2) bids were received in response to solicitation. The tables being used at the Convention Center and Rabobank Arena are badly worn and in need of replacement. The Mity Ute replacement tables are lightweight and have black tops which will eliminate the need to be covered with linen or other material during event use. Funds are budgeted in the Capital Outlay Fund for this project. The two (2) bids received are as follows. 3% LOCAL PREFERENCE BIDDER AMOUNT ADJUSTED BID AMOUNT Mity Lite, Incorporated $ 79,940.93 Orem, UT Stinson's $120,736.69 $117,114.59 Bakersfield, CA Staff finds the bid submitted by Mity Lite, Incorporated, to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 12- 13\Mity Lite Tables, 12- 13-11, September 26, 2012.docx September 12, 2012 MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director September 11, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Rescind bid award to Ride Now Powersports for four (4) Police Special Motorcycles for the Police Department. RECOMMENDATION: Staff recommends rescinding award to Ride Now Powersports. BACKGROUND: On May 23, 2012, Council awarded motorcycles totaling $83,257.16 to Ride Now Powersports. A Purchase Order was issued to the successful bidder on May 25, 2012. Despite a stated 60 day delivery date, the vendor has failed to deliver the motorcycles. After repeated attempts, including certified letter intent to rescind award, staff has yet to receive updated delivery information. Staff recommends rescinding the purchase of four (4) motorcycles from Ride Now Powersports and replace with four (4) Police Special Sedans as further described in another item on tonight's agenda. Purchasing Division/kb S:IPURCHWDMINWdmin 12- 131Police Special Motorcycle (re -bid), 11- 12-81, September 26, 2012.docx September 11, 2012, 12:08PM MEETING DATE: September 26, 2012 I AGENDA SECTION: Consent Calendar ITEM: Q n TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 7, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Police Special Sedans 1. Extend bid from Jim Burke Ford, Bakersfield, in the amount of $321,952.68 for fourteen (14) additional four door police special sedans for the Police Dept. (Citywide) 2. Appropriate $56,000 Equipment Fund Balance to the Public Works and IT operating budgets within the Equipment Management Fund. RECOMMENDATION: Staff recommends extension of bid and approval of appropriations. BACKGROUND: On July 18, 2012, Council accepted the bid from Jim Burke Ford, Bakersfield for the purchase of twenty seven (27) police special sedans. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford has indicated their approval_ to extend the unit cost of $22,996.62 for an additional ten (10) police special sedans. An expenditure plan and appropriation of a State grant to hire 11 Police Officers was approved by Council on September 12, 2012. In order to retain incentive pricing for the police special sedans to be issued to the new officers, staff recommends extending the bid from Jim Burke Ford in the amount of $137,979.72. Funds for the purchase will be provided by the Police Operating Budget within the S.L.E.S.F. Fund for six (6) of the ten (10) additional police special sedans requested. A bid was previously awarded for the purchase of four (4) police special motorcycles. Staff has requested the award be rescinded for failure to deliver as described in another item on tonight's agenda. At this time, staff recommends purchasing an additional four (4) police special sedans in the amount of $91,986.48 to replace the four (4) motorcycles that weren't delivered. Funds are available in the Equipment Management Fund for this purchase. Additionally, there were four (4) motorcycles scheduled for replacement in the current fiscal year. Staff is now recommending these four (4) motorcycles be replaced with patrol sedans. The cost differential in outfitting a patrol car vs. a motorcycle is about $7,000 per vehicle. The appropriation covers the cost difference for eight (8) of the fourteen (14) vehicles. The cost of the remaining six (6) vehicles is being covered by the S.L.E.S.F. funding referenced above. Purchasing Division/kb & PURCHWDMINWdmin 12- 13\Four Door Police Special Sedans, extension of bid 11- 12 -97, September 26, 2012.doc September 18, 2012 AKE U � d C �Wir n♦ LI 0 ADMINISTRATIVE REPORT MEETING DATE: September 26, 2012 I AGEN K SECTION: Consent Calendar ITEM: . Ir. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: September 14, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $12,000.00 Federal Grant Revenues ( OCDETF) to the Police Department Operating Budget within the General Fund to purchase uniforms and equipment for multi- agency narcotics operations. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The Bakersfield Police Department participates in the Organized Crime Drug Enforcement Task Force ( OCDETF) program. OCDETF was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF strategy, under the direction of the Deputy Attorney General, aims to focus federal drug resources on reducing the flow of illicit drugs and drug proceeds by identifying and targeting the major trafficking organizations, eliminating the financial infrastructure of drug organizations by emphasizing financial investigations and asset forfeiture, redirecting federal drug enforcement resources to align them with existing and emerging drug threats, and conducting expanded, nationwide investigations against all the related parts of the targeted organizations. OCDETF has authorized the Bakersfield Police Department to purchase uniforms and equipment totaling $12,000.00, to further the investigative efforts in Kern County through a multi- agency task force. The specific goal of this purchase is to provide officer safety by lessening a blue on blue situation and to protect officer health from exposure to hazardous chemicals and toxins associated with marijuana grow sites. Once the equipment is purchased, the Bakersfield Police Department will submit invoices to be reimbursed in full from OCDETF. Therefore, the Bakersfield Police Department requests $12,000.00 Federal Grant Revenues ( OCDETF) be appropriated to the Police Department Operating Budget within the General Fund, to purchase uniforms and equipment. These purchases will not have any impact to the General Fund. X' A t ADMINISTRATIVE REPORT MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Douglas Greener, Fire Chief DATE: September 10, 2012 APPROVED DEPARTMENT HEAD T7)-ZL( CITY ATTORNEY pp CITY MANAGER SUBJECT: Appropriate and transfer $15,000 Fire Trust - Hazmat Penalty Funds to the Certified Unified Program Agency (CUPA) Fund Operating Budget for mandated online records entry into the California Electronic Reporting System (CERS) 2.0 system. (All Wards) RECOMMENDATION: Staff recommends approval of appropriation and transfer. BACKGROUND: On March 21, 2012, the City Council approved an initial appropriation and transfer of $15,000 Fire Trust Hazmat Penalty funds to the CUPA fund operating budget for Fiscal Year 2011 -2012 to fund administrative costs related to the updating of the hazardous material records in the State CERS 2.0 system. State law (Assembly Bill 2286, effective January 1, 2009) requires that by January 1, 2013 regulated businesses use the online CERS to report their hazardous materials and hazardous waste inventories to the local CUPA. A State -wide upgrade to CERS 2.0 had initially suspended over 1,000 City of Bakersfield hazardous materials records pending Fire Department review. With the initial appropriation, the Fire Prevention staff was able to review and update 495 records. To meet the CERS update deadline of January 1, 2013, an additional appropriation is needed for Fiscal Year 2012 -2013 to complete the review and updating of the CERS system. Staff recommends an appropriation of funds from the penalties paid to the City, in accordance with the California Health & Safety Code section 25404.1.1(1) and held in the Fire Trust Hazmat Penalty account, to pay for the additional administrative costs related to the updating of the hazardous material records. The Safety Code allows for the expenditure of penalty funds for the activities of the CUPA including enforcement purposes in the protection of health, safety and the environment. Staff requests the appropriation and transfer of $15,000 Fire Trust Hazmat Penalty funds to the CUPA fund operating budget to fund administrative costs related to the review and updating of the hazardous material records in the CERS 2.0 system. S: \Crosby \Admin. Reports \Haz mat Penalty Account appropriation 09 26 12 revised.docx MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: •h TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD 1�Li DATE: September 12, 2012 CITY ATTORNEY�� CITY MANAGER SUBJECT: Approval of like kind land exchange with the Housing Authority of Kern, LLC for property located west of South Union Avenue and north of Panama Lane. (Ward 1) RECOMMENDATION: Staff recommends approval of land exchange. BACKGROUND: Over the past several years the City of Bakersfield has acquired four small parcels of land from adjoining subdivisions to assemble a five -acre park. The most northerly parcel is 1.79 acres in size and is adjacent to undeveloped land owned by the Housing Authority of Kern, LLC (HAC). The City and HAC have agreed to exchange land at no cost to the City to facilitate their development and to allow a better park design. The land exchange will not change the size of the 1.79 acre parcel but will reconfigure it to a more acceptable shape for park development. The reconfiguration will eliminate several residential lots from having their rear yards adjacent to the future park. It also creates additional parking by replacing the undesirable rear lot configuration with a public street. Visibility into the future park is improved as well so better enforcement of park activities can occur from the newly created public street area. On April 15, 2004, the Bakersfield Planning Commission approved the reconfiguration of the undeveloped Linell and Brahma Park site as outlined in Condition #20 for Vesting Tentative Tract Map 6209. This land exchange will achieve the approved reconfiguration. Bakersfield Planning Department found the reconfiguration consistent with the Metropolitan Bakersfield General Plan. Ninell &Brahmaadmin �tlllli 1 r• ADMINISTRATIVE REPORT MEETING DATE: September 26, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: September 11, 2012 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY CITY MANAGER SUBJECT: Quitclaim Deed to JEC Panama, LLC, a California Limited Liability Company, as to an undivided 1h interest and C &C Properties, Inc., a California Corporation, as to an undivided '/z interest, removing a Temporary Turnaround Easement in Parcel Map 11118, located south of Pacheco Road and east of Gosford Road (Ward 6). RECOMMENDATION: Staff recommends approval of quitclaim deed. BACKGROUND: Parcel Map 11118 is located south of Pacheco Road and east of Gosford Road. The parcel map was originally zoned Commercial (C -1), and the temporary turnaround easement, recorded as Document #0208012663, (City Deed #6815), was required until future phases were complete. The property has since been re -zoned Residential (R -2), which makes the temporary turnaround easement unnecessary. Access for public services will be accommodated with driveways throughout the planned apartment complex. Public Works has reviewed this request and has determined that the temporary turnaround easement is not needed and should be formally quitclaimed. /mm G; \GROUPDAT \ADMINRPT \2012 \09-26 \Quitclaim Deed PM 11118.doc MEETING DATE: September 26, 2012 AGENDA SECTION: Successor Agency ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 13, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file successor agency payments from August 28, 2012 to September 13, 2012 in the amount of $87,072.64. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN—SA 09- 26- 12.doc A r ADMINISTRATIVE REPORT MEETING DATE: September 26, 2012 AGENDA SECTION: Hearings ITEM: 10. CL. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: September 12, 2012 APPROVED DEPARTMENT HEAD tla lae CITY ATTORNEY V&_ CITY MANAGER 4 SUBJECT: Public hearing to consider adoption of resolution certifying the Final Environmental Impact Report (EIR) for the Kern River Flow and Municipal Water Program. (All Wards) RECOMMENDATION: Staff recommends adoption of the resolution certifying the Final EIR. BACKGROUND: The proposed Kern River Flow and Municipal Water Program ( "Program ") is a multi- objective flow management and water supply program. The primary objective is to allow substantial quantities of water to flow in the Kern River channel to protect, increase and enhance the City's water supply. The source of the water for the Program would be water accruing to the City's pre -1914 appropriative Kern River water rights, and additional unappropriated surplus Kern River water. Water flowing in the Kern River would provide multiple benefits to the City and its residents, before the water is ultimately used to satisfy the City's municipal water demand within its boundaries. Horizon Water and Environment, LLC, a professional consulting firm, was retained to prepare a program EIR and related documents for the Program in accordance with the California Environmental Quality Act (CEQA). The 30 -day public review period for the Notice of Preparation began on February 17, 2011 and ended on March 21, 2011. The Water Board held a public scoping hearing on March 10, 2011 to receive input from the public and agencies. 206 persons and agencies submitted comments by correspondence or during the scoping hearing. The majority of the comments favored the Program. Other concerns raised were addressed in the Draft EIR. The Draft EIR was available for a 45 -day public review period between June 20, 2012 and August 6, 2012. On July 11, 2012, the Water Board held a public hearing to receive comments regarding the adequacy of the Draft EIR. 70 persons and agencies submitted comments by correspondence or during the July 11 th hearing. Again, the majority of the comments favored the Program. In summary, other comments submitted concerned effects on agricultural water supplies, economic impacts, and recreational tourism. Responses to all comments were A ADMINISTRATIVE REPORT i prepared for the Final EIR. These responses to comments were available to the public on September 14, 2012, which is more than 10 days prior to the Council's September 26th hearing. The Final EIR was prepared in accordance with State CEQA Guidelines Section 15132, and consists of the following: 1. The Draft EIR; 2. Comments and recommendations received on the Draft EIR either verbatim or in summary; 3. A list of persons, organizations and public agencies commenting on the Draft EIR; 4. The responses of the lead agency to significant environmental points raised in the review and consultation process and associated errata to the Draft EIR; and Population growth was identified as an impact that would be significant and unavoidable. No feasible mitigation measures are available to reduce this impact to less than significant levels. Therefore, a "Statement of Overriding Considerations" will be adopted for the Program. Staff recommends certification of the Final EIR for the Kern River Flow and Municipal Water Program. Jeng/ S: \Kern River \Kern River EIR \Staff Reports \ADMIN REPORT FEIR.docx 9/13/2012 11:21 AM MEETING DATE: September 26, 2012 AGENDA SECTION: Hearing ITEM: 10. k>. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: September 14, 2012 SUBJECT: Underground Utility District (TRIP) (Ward 4). APPROVED DEPARTMENT HEAD AL CITY ATTORNEY ✓9 CITY MANAGER 1. Public hearing to consider adoption of resolution establishing Underground Utility District No. 4, Division 01 (Allen Road at the Westside Parkway). 2. Resolution establishing Underground Utility District No. 4, Division 01 (Allen Road at the Westside Parkway). RECOMMENDATION: Staff recommends adopting Resolution establishing Underground Utility District No. 4, Division 01 (Allen Road at the Westside Parkway). BACKGROUND: This 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 20B regulations regarding underground utility districts. Existing overhead lines in the area of Allen Road and the Westside Parkway need to be relocated to facilitate the construction of the Allen Road Bridge and interchange with the Westside Parkway. To facilitate the interchange construction, and due to scheduling and aesthetic issues, PG&E is recommending that these lines be placed underground within this area. The district encompasses Allen Road from Vermillion Drive to 500 feet south of Rosarita Avenue. The City's portion of the cost to underground these facilities is part of the Westside Parkway Phase 6B project. Mps /tdw September 18, 2012, 1:41 PM C:\ Users\ lskinner\HppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \9USLPIAS\4 -01 Est Alt 1 REV.docx MEETING DATE: September 26, 2012 AGENDA SECTION: DEFERRED BUSINESS ITEM: I a. a . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 13, 2012 APPROVED DEPARTMENT HEAD ✓, CITY ATTORNEY V(D CITY MANAGER 1. Adoption of Ordinance amending Section 2.04.010 of the Bakersfield Municipal Code relating to City Council meeting times. 2. Proposed Resolution to adopt a City policy regarding starting times for City Council meetings. (All wards) RECOMMENDATION: Staff recommends adoption of the Ordinance and Resolution. BACKGROUND: In light of the discussion at the September 12, 2012 City Council meeting, we are presenting the following items for Council's approval: 1. Second reading of the Ordinance amending Section 2.04.010 of the Bakersfield Municipal Code relating to City Council meeting times. This Ordinance will amend the code section to allow the City Council to annually set the time of its regular meetings by resolution. The first reading for this item was on September 12, 2012. 2. Proposed Resolution to adopt a City policy regarding starting times for City Council meetings as follows: a. For the remainder of the 2012 calendar year, the meetings will begin at 5:15 p.m. b. For the 2013 calendar year, the regular meetings will begin at 3:30 p.m. and 5:15 p.m. The primary purpose of the 3:30 p.m. start time is to handle closed session items. JT:Isc S: \C0UNCIL \Admins \12 -13 Admins \ChangeMtgT1mes2d.docx ADMINISTRATIVE REPORT MEETING DATE September 26, 2012 AGENDA SECTION: Closed Session ITEM: 1L4. Q.. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: September 17, 2011 APPROVED DEPARTMENT HEAD WY- CITY ATTORNEY ye CITY MANAGER SUBJECT: Conference with Legal Counsel — Potential Utigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (two matters). VG:Isc S: \COUNCIL \CI Sess \Admins\ 12- 13 \9- 26- 12PotUt.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 12, 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 (seated at 5:18 p.m.) Absent: None 2. INVOCATION by Pastor Mark Airey, Lutheran Church of Prayer. 3. PLEDGE OF ALLEGIANCE by Caytlen Reyes, 4'" grade student at Suburu Elementary School. Mayor Hall acknowledged the students from Golden State Baptist School and the Bakersfield College political science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 19 through September 30, 2012, as Kern County Fair Days. KC the Bull and Mr. Olcott accepted the Proclamation, and Mr. Olcott made comments. b. Presentation by Mayor Hall of a Proclamation to Links for Life Board of Directors President, Stephanie Lynch, declaring October, 2012 Paint the Town Pink Month. Ms. Lynch accepted the Proclamation, made comments, and introduced Links for Life board members Susan Escalante, Jennifer Henry, Stana Bright, and Joann Nunn. ACTION TAKEN Bakersfield, California, September 12, 2012 - Page 2 5. PUBLIC STATEMENTS a. Colonel Ahron Hakimi, with the National Guard and Reserve, presented Councilmember Hanson with an award from the Secretary of Defense recognizing him as a patriotic employer for contributing to national security and protecting liberty and freedom by supporting employee participation in America's National Guard and Reserve Force. Councilmember Hanson accepted the award and made comments. b. Jane Tucker, a volunteer with California Against Slavery, spoke regarding the CASE Act Proposition 35, which relates to all forms of labor trafficking and is on the November ballot, asked the City Council's official endorsement of this initiative, and submitted written material. C. Danny O'Neal, with St. John Missionary Baptist Church, spoke regarding changing Hayes Street to Toliver Street in recognition of his late pastor, and he asked for the community's support in this endeavor. Councilmember Sullivan asked staff to provide Information regarding the process involved for changing the street name. d. Jeremy Wright, Executive Director of the Bakersfield Prayer Center, introduced Danielle Armstead, founder of the Center, thanked the Council for supporting their Back to School Anti - Bullying Prayer Rally, especially Councilmember Salas for attending the event, and extended an invitation to the Bakersfield Prayer Campaign Launch and street fair on October 13th at 215' Street and Chester Avenue. e. Zachary Griffin, with Riverbend Bike, Boards, & Bites, thanked the Council, particularly Vice -Mayor Couch and Councilmember Johnson, for attending the Grand Opening on September 30th at 2437 Oak Street, and he encouraged the City to continue its Healthy Eating Active Living community policies. ACTION TAKEN Bakersfield, California, September 12, 2012 - Page 3 5. PUBLIC STATEMENTS continued Catherine Young spoke regarding changes to the GET bus routes and expressed her concerns regarding the elimination of the bus stop in front of the Bethany Homeless Center and the lack of one in front of San Joaquin Hospital and Bakersfield College. Councilmember Benham asked staff to follow up with GET regarding Ms. Young's concerns and see N we can advocate her position, and provide the Council with a written response. g. Sheryl Barbich and Beth Pandol spoke regarding the First Annual Nut Festival on June 14th and 15th of 2013, at the Kern County Museum, asked the City to join in this opportunity to promote our community, and submitted written material. Councilmember Weir asked staff to contact Ms. Barbich or Ms. Pandol and see how we can get involved with this event. h. Dave Cross spoke regarding High Speed Rail and urged the City Council to set up a special committee to further study the coming of the High Speed Rail to the San Joaquin valley to better inform the public of the possibilities of the economic impacts. Marvin Dean spoke regarding the following: advised he is in support of Item 8.i., a resolution supporting the San Joaquin Valley Air Pollution Control District's efforts to reduce emission; Item 8.r., an agreement regarding State Route 178 Widening Project, and advised he would like to see those project funds spent in this valley with local businesses; and High Speed Rail, and invited City officials to attend a luncheon and other activities on September 26th at the Rice Bowl, and submitted written material. Sam Curiel, pastor of Houses of Light Church, spoke in support of a solemn appeal presented to the City Council at the last meeting to adopt an ordinance protecting human life at all stages of development. ACTION TAKEN Bakersfield, California, September 12, 2012 - Page 4 5. PUBLIC STATEMENTS continued At the request of Councilmember Johnson, City Attorney Gennaro explained that the matter is not within the City's jurisdiction and that it clearly is a matter that is within the Federal purview, and she encouraged those that signed the petition to pursue their efforts at that level. Councllmember Johnson asked the City Attorney to provide a copy of the extensive memo she prepared regarding the Planned Parenthood facility to Pastor Curiel. k. Robert Larson spoke regarding various matters. 6. WORKSHOPS a. Update on Curbside Recycling Implementation. Public Works Director Rojas made staff comments and provided a PowerPoint presentation. 7. APPOINTMENTS a. One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Rick Perry, whose term expires September, 2012. Two applications were received from incumbent Rick Perry and James Buchanan; ballots were issued by City Clerk Gafford, and the results were read, as follows: 5 votes for Mr. Buchanan and 2 votes for Mr. Perry. Ward 1 Buchanan Ward 2 Perry Ward 3 Buchanan Ward 4 Perry Ward 5 Buchanan Ward 6 Buchanan Ward 7 Buchanan ACTION TAKEN Motion by Vice -Mayor Couch to appoint James APPROVED Buchanan to a 2 -year term on the Metropolitan Bakersfield Habitat Conservation Trust Group, term to expire In September, 2014. Bakersfield, California, September 12, 2012 - Page 5 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 15, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from August 3, 2012 to August 27, 2012 in the amount of $21,760,469.91 and self- insurance payments from August 3, 2012 to August 27, 2012 in the amount of $413,651.99, totaling $22,174,121.90. Ordinances: C. First Reading of Ordinance amending Chapter 2.04.010 of the Municipal Code relating to City Council Meeting times. d. First Reading of Ordinance amending Municipal Code Sections 1. 12.030 and 1. 12.040 by adding Annexation No. 635 consisting of 17.33 acres, located south of Olive Drive between Knudsen Drive and Landco to Ward 3, and Annexation No. 637 consisting of 10.45 acres, located along the north side of Rosedale Highway and west of Calloway Drive, to Ward 4. e. Adoption of Ordinance amending Title 17 of the Municipal Code by changing the zone district from M -1( Light Industrial) to C -C (Commercial Center) on approximately one acre, located along the north side of 20'" Street between V Street and Kern Island Canal. (ZC# 12 -0085, City and California Water Service, property owners). (FR 08/15/12) Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from E (Estate) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on 18.15 acres, located along the north side of Snow Road approximately 800 feet east of Jewetta Avenue. (ZC# 12 -0124, Jim Marino, representing Todd Sweaney, property owner) . (FR 08/15/12) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION FR ORD 4686 ORD 4687 8. Bakersfield, California, September 12, 2012 - Page 6 CONSENT CALENDAR continued g. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to C -2 (Regional Commercial) on approximately 28.12 acres located at the southeast corner of Buena Vista Road and Panama Lane. (ZC# 12 -0144, Pinnacle Civil Engineering, Inc., representing Buena Vista Land Co., LLC, property owner). (FR 08/15/12) Resolutions: 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 supporting the San Joaquin Valley Air Pollution Control District's efforts to reduce emissions, obtain additional state and federal resources for air quality incentive programs, and further expand the valley's air quality monitoring network. Resolution determining that Ice Cap Pro, a proprietary panel type subfloor 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 $150,000. k. Resolution adding territory, Area 2 -50 (4751 and 4755 Wible Road) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1724 adding territory, Area 4 -108 (2830 Eye Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. ACTION TAKEN ORD 4688 RES 097 -12 REMOVED FOR SEPARATE CONSIDERATION RES 098 -12 RES 099 -12 ROI 1724 Bakersfield, California, September 12, 2012 — Page 7 8. CONSENT CALENDAR continued M. Telecommunications Software and Hosting /Support Services: l . Resolution determining that certain Bitek Telecommunications Management System Software cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $56,000. 2. Agreement with Bitek International, Inc. ($56,000), to convert all telecommunications data on current system and import to hosted system and provide hosting services and software maintenance for three years. 3. Appropriate $6,000 Equipment Management Fund balance to the Public Works Department's Operating budget to fund costs for hosting services. Agreements: n. Final Map and Improvement Agreement with G.L. Bruno Associates, Inc., and Rio Bravo Investment Group, LLC, for Parcel Map 11894 located south of Highway 178 and west of Morning Drive. o. Agreement with Kern Council of Governments to reimburse the City (not to exceed $100,000) for costs incurred by the City in developing the new Bakersfield Regional Habitat Conservation Plan and appropriate $100,000 to the Development Services Capital Improvement budget in the Capital Outlay Fund. P. Agreement with Habitat for Humanity, Golden Empire ($10,000) for the sale of property located at 1918 Filson Street for resale to a HUD - qualified low income family. q. Agreement with Rio Bravo Medical Campus LLC ($2,000) to purchase real property at the southwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) ACTION TAKEN RES 100 -12 AGR 12 -115 AGR 12 -116 AGR 12 -117 AGR 12 -118 AGR 12 -119 DEED 7551 8. Bakersfield, California, September 12, 2012 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Design Consultant Agreement with T.Y. Lin AGR 12 -120 International (not to exceed $2,690,000, 88.53% funded by federal monies) for engineering design services for the State Route 178 Widening Project. (TRIP) S. Cooperative Agreement with Caltrans for AGR 12 -121 construction of the State Route 178 and Morning Drive Interchange Project. (TRIP) t. Agreement with A -C Electric Company (not to AGR 12 -122 exceed $200,000 annually) for electrical services at the Mount Vernon Recycling Facility for a one year -year period, renewable annually for four consecutive one -year periods. U. Amendment No. 1 to Agreement No. 11 -124 AGR 11- 124(1) with RM Industries ($50,400; revised not to exceed $100,800 and extending term one year) for continuing the supply of Amtrak Station janitorial services. V. Amendment No. 4 to Agreement No. 10-063 AGR 10- 063(4) with Pavement Recycling Systems, Inc. ($225,000; revised not to exceed $942,000), for cold planing. W. Amendment No. 3 to Agreement No. 10-151 AGR 10- 151(3) with Jim Alfter Cement Contractor ($190,000; revised not to exceed $653,352.50 and extending term one year) for continuing the supply of canal liner repair. X. Amendment No. 1 to Agreement No. 12 -059 AGR 12- 059(1) (WR11- 008(2)) with Quad Knopf, Inc. ($60,000; revised not to exceed $155,000), to provide additional environmental, biological, and planning services. Y. Contract Change Order No. 1 to Agreement AGR 12 -039 No. 12 -039 with Griffith Company ($79,891.68; CC01 revised not to exceed $1,032,085.68) for Campus Park South Sump Remediation Project. Bids: Z. Reject all bids for the Rood and Cooling Tower Replacement Project at City Hall South. 8. Bakersfield, California, September 12, 2012 — Page 9 CONSENT CALENDAR continued ACTION TAKEN aa. Accept bid from Jim Burke Ford ($63,895.91) for one replacement pavement marker truck for the General Services Division. bb. Accept bid from Jim Burke Ford ($46,042.58) for one additional and one replacement two wheel drive extended cab pickup trucks for the Police Department. cc. Accept bid from Jim Burke Ford ($194,424.10) for two additional super duty vehicles with service body and aerial devices for the General Services Division. dd. Accept bid from Raceway Ford, Riverside ($142,386.46) for eight replacement full - size' /2 ton two wheel drive pickups for the Recreation and Parks and Water Departments. ee. Accept bid and approve contract with PCI AGR 12 -123 ($67,349.20) for bike lane improvements at White Lane, Hughes Lane and Monitor Street. ff. Accept bid and approve contract with Crop AGR 12 -124 Production Services (not to exceed $182,000) for the annual contract to supply chemicals and insecticides /herbicides. gg. Boiler Replacement at the Police Department: 1. Accept bid and approve contract with AGR 12 -125 ACCO Engineering Systems, Inc. ($114,006) . 2. Appropriate $20,000 Police Department Seized Asset Forfeiture Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: hh. Appropriate and transfer $6,900 Fire Trust - Hazmat Penalty Funds to the Certified Unified Program Agencies (CUPA) Fund Operating budget for the abandonment of an Underground Storage Tank located at Fire Station No. 1. 8. Bakersfield, California, September 12, 2012 - Page 10 CONSENT CALENDAR continued ACTION TAKEN Federal Grant (COPS Hiring Program) in the amount of $1,375,000, awarded to the Bakersfield Police Department, to hire and retain 11 Police Officers over three years. Appropriate $160,000 Federal grant revenues to the Police Operating Budget, for first year funding. Final Tract Maps with PB4 Ventures, LLC, for Tract Map 6706 located south of Panama Lane and west of Buena Vista Road. kk. Revised Job Specification: Assistant City Clerk - #57440. Successor Agency Business: Receive and file successor agency payments from August 3, 2012 to August 27, 2012 in the amount of $253,782.11. Councilmember Johnson requested that item 8.c. be removed for separate consideration. Councilmember Salas requested that item 8.1. be removed for separate consideration. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.11., with the removal of items 8.c. and 8.1. for separate consideration. C. First Reading of Ordinance amending FR Chapter 2.04.010 of the Municipal Code relating to City Council Meeting times. City Manager Tandy made staff comments. City Attorney Gennaro made staff comments. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar item 8.c. NOES SALAS, JOHNSON Bakersfield, California, September 12, 2012 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN i. Resolution supporting the San Joaquin Valley Air Pollution Control District's efforts to reduce emissions, obtain additional state and federal resources for air quality incentive programs, and further expand the valley's air quality monitoring network. Councilmember Solos made a motion to table this Item to the next City Council Meeting. Councilmember Weir asked staff to provide some information about the Air Pollution Control District regarding what It is doing, what their programs are, and what their finances are, so the Council can make a more informed decision about the resolution. Councilmember Hanson advised he could ask someone from the Air Board to come and make a presentation to the Council in the near future, if the Council desires. Motion by Councilmember Solos to table item 8.1. to APPROVED the next City Council meeting, and requested that staff provide more information to the Councilmembers before the next meeting. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on Resolution of Necessity to RES 101 -12 determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive (APN #s 531 - 011 -07, 19 previously known as APN #s 531 - 010 -27, 28) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) b. Public Hearing to consider the proposed expenditure plan for the 2011-2012 Supplemental Law Enforcement Services Funding (S.L.E.S.F.). (Staff recommends approval of the proposed expenditures and appropriation.) 1. Appropriate $537,552.97 State Grant revenues to the Police Operating Budget within the S.L.E.S.F. Fund. Bakersfield, California, September 12, 2012 - Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS continued Consent Calendar Public Hearings opened at 6:57 p.m. Dennis Fox spoke in support of Consent Calendar Public Hearing Item 9.a. Consent Calendar Public Hearings closed at 6:59 p.m. Motion by Vice -Mayor Couch to adopt Consent Calendar Public Hearings items 9.a. and 9.b. 10. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9 (one matter). Motion by Vice -Mayor Couch to adjourn to Closed Session at 6:59 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 8:03 p.m. RECONVENED MEETING AT 8:06 p.m. 11. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9 (one matter). 12. HEARINGS None. 13. REPORTS None. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. ACTION TAKEN APPROVED APPROVED APPROVED STAFF WAS GIVEN DIRECTION Bakersfield, California, September 12, 2012 - Page 13 16. COUNCIL AND MAYOR STATEMENTS Councilmember Salas thanked the Police Department and Chief Williamson for their assistance with various constituent concerns regarding animal control and safety in their neighborhoods; he thanked Building and Planning for their assistance with a number of businesses that have issues and concerns; and advised he is excited about the approval of item 8-ii., regarding hiring 11 officers. Councilmember Salas asked the City Manager to provide a copy to the Councllmembers of the article from the LA Times about the City of Bakersfield. Councilmember Salas provided constituent correspondence to the City Manager for a response. Mayor Hall advised that he sent a thank -you note to the writer of the LA Times article. Councilmember Weir mentioned that he hopes, with the addition of the new officers and some changes Chief Williamson is making in the Police Department, some of the crime will be alleviated. Councilmember Salas requested that the matter of realignment and the impacts It Is having on our communities referred to in a memo sent out by Chief Williamson be placed on the agenda of the next Safe Neighborhoods meeting. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:10 P.M. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN