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HomeMy WebLinkAbout11/28/12_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 28, 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 Pastor Joshua Kirstine, Olive Drive Church. 3. PLEDGE OF ALLEGIANCE by Carson Tenter, 1 st grade student at Stockdale Christian School. 4. PRESENTATIONS a. Presentation by Mayor Hall of key to the City to Councilmember Rudy Salas. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 14, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from October 30, 2012 to November 13, 2012 in the amount of $8,834,083.04 and self- insurance payments from October 30, 2012 to November 13, 2012 in the amount of $308,977.82 totaling $9,143,060.86. Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: 1. Section 2.04.070 relating to City Council Meeting Order of Business. 2. Section 3.20.090(G) relating to formal contract procedures. 3. Section 5.08.080 relating to expiration of alarm system permit. 4. Section 5.08.160 relating to alarm permit appeals. 5. Section 5.08.190 relating to violation of alarm regulations. 6. Section 5.32.060(A) relating to application for massage establishment and practitioner permit. 7. Section 10.44.060 relating to truck routes. 8. Section 12.20.020(B) relating to revocation of encroachment permits. 9. Section 13.12.030 relating to development improvement standards and specifications. 8. CONSENT CALENDAR continued 10, Section 15.74.190(A) relating to flood damage exemption and appeal procedures. 11. Section 15.78.090(C) relating to Metropolitan Bakersfield Habitat Conservation plan mitigation program violation /penalty. 12. Section 15.80.040 relating to limitation as to minor land division. 13. Section 15.84.055 relating to reduction or waiver of transportation impact fee for low- income housing projects. 14. Section 16.12.030(C) relating to lot line adjustments. 15. Section 16.12.050 relating to limitation as to minor land division. 16. Section 16.12.075 relating to approval of maps conditioned on indemnification of City. 17. Section 16.16.080(E) relating to extension of map approval, 18. Section 16.20.060(A)(3)(e) relating to statements of parties having record title interest in drill site parcels. 19. Section 16.32.060(E) relating to fees for sewer facilities. 20. Section 17.04.305 relating to garage or yard sale. 21. Section 17.08.210 relating to approval of development entitlement conditioned on indemnification of City. 22. Section 17.60.020(B) relating to permits for signs. 23. Section 19.04.050 relating to vehicle parking at airports. 24. Sections of the Municipal Code which reference Development Services Director. 25. Sections of the Municipal Code which reference Uniform Building Code. Resolutions: d, Resolution authorizing application for all CalRecycle Grants for five years. e. Purchase of Holmatro Rescue Equipment: 1. Resolution determining that Holmatro rescue equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $168,000. 2. Approve the purchase of seven replacement rescue tools from Fire Service Specification and Supply (FS3) (not to exceed $168,000). f. Changes to Salary Schedule and Revised Job Specifications: 1. Amendment No. 5 to Resolution No. 140 -08 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Real Property Agent I. 2. Revised Job Specifications: Motor Sweeper Operator # 13270, Service Maintenance Worker # 13700, Real Property Agent I # 26000. (Ward 3) g. Resolution of Intention No. 1731 to accept dedication of right of way for Coffee Road at the southeast corner of Coffee Road and Goesling Avenue (located near the intersection of Coffee Road and Norris Road). 2 City Council Meeting of 11 /28/2012 8. CONSENT CALENDAR continued Agreements: h. Memorandum of Agreement with Kern Council of Governments for funding assistance in updating the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan. 1. Agreement with Kern Council of Governments ($152,340) to reimburse the City for costs incurred in drafting updates to the land use and circulation elements of the Metropolitan Bakersfield General Plan. 2. Appropriate an additional $52,340 to the Development Services Capital Improvement budget in the Capital Outlay Fund. This new MOA will supersede MOA No. 07 -137. (Ward 1 -6) i. Agreement with Southern California Gas Company (SCG) authorizing SCG to install data collection units on street light poles for the Advanced Meter Program. (Ward 2) j. Independent Contractor's Agreement with Spear Security and Management Company ($73,632)) for site security services at the Amtrak Station. k. Independent Contractor's Agreement with Quad Knopf ($100,000) for providing on- call environmental services for non - federally funded Capital Improvement Projects for Fiscal Years 2012 -2013 and 2013 -2014. I. Reimbursement Agreement with North Kern Water Storage District (not to exceed $53,253) for City's pro -rata share of costs to participate in Kern River Weather Modification Program for the 2012 -2013 season. (Ward 3) M. Transportation Impact Fee Agreement with Pulte Homes, Inc. (not to exceed $477,650.88), for improvements on State Route 178. (Ward 7) n. Transportation Impact Fee Agreement with Palma Homes, Inc. (not to exceed $61,174.31), for improvements constructed on Wible Road. o. Amendment No. 4 to Agreement No. 03 -310 for employment of Virginia Gennaro as City Attorney. (Ward 2,4,5) P. Contract Change Order Nos. 38, 55, 57, 58, 59, 67, 68, 69 and 73 to Agreement No, 09 -076 with Security Paving Company, Inc. ($177,084.91; revised not to exceed $87,886,541,56; change orders funded with traffic impact fees), for the construction of the Westside Parkway Phase 2 Project. (TRIP) Bids: Miscellaneous: (Ward 4) q. Appropriate $2,500 contribution from Southern California Gas Company made to the Recreation and Parks Department Operating budget within the General Fund for the Escape School Event. (Ward 1) r. Transfer $151,000 from the Watts /Coral Gables Park Project to the Contribution Account within the Park Improvement Fund to reimburse construction of multi -use fields at the Friendship House Community Center. City Council Meeting of 11 /28/2012 8. CONSENT CALENDAR continued Successor Agency Business: S. Receive and file successor agency payments from October 30, 2012 to November 13, 2012 in the amount of $22,321.06. Staff recommends adoption of Consent Calendar items 8.a. through 8.s. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS (Ward 2) a. Public hearing to consider the Resolution ordering the vacation of the remaining portion of the alley and access easement between 281h Street and the previously vacated 27th Street, east of Chester Avenue, and the public utilities easement (PUE) located in the same alley between 28th Street and lot 15 of Block 487. Staff recommends adoption of Resolution. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation, Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Joe R. Slaughter, et al. v. City, et al: KCSC Case No. S- 1 500-CV-271472-WPD. RECESS TO CLOSED SESSION 16. CLOSED SESSION ACTION 17. ADJOURNMENT 11 /20/12 9: l Oam Respectfully submitted, Alan Tandy City Manager 4 City Council Meeting of 11 /28/2012 AGENDA HIGHLIGHTS November 28, 2012 COUNCIL MEETING Mayor Hall will present a "Key to the City" to outgoing Councilmember Salas, who has represented Ward One since 2010. The November 28th meeting will be his last City Council meeting before he resigns to assume his newly elected office as State Assembly Representative for the 32nd District. Ordinances Item 7c. Update and /or Minor Corrections to Various Ordinances. Periodically, City departments request minor changes in existing ordinances to reflect current practice, correct typographical errors, or to make a section read better. This item requests Council approval for a series of minor revisions, as described in the Administrative Report from the City Attorney's Office. The first reading took place at the City Council meeting of November 14, 2012. Item 10a. Vacation of additional alley. public access, and public utilities easement in the vicinify of 27th and 28th Streets, east of Chester Avenue. The applicant, San Joaquin Community Hospital, has requested the vacation of this additional area for the site of their new cancer center. The initial phase is currently under construction; this vacation is requested in anticipation of future phases of the project. There was one property owner in opposition of the vacation; his concerns were addressed by the applicant, and he has since withdrawn his opposition. Staff recommends adoption of the Resolution for the requested vacation. There will be a conference with legal counsel regarding one matter of existing litigation. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File O IL W w W Z cl a ♦E D d` 4 w N O c 4) N CL i1 v w Q Gam" W W Q ~ N 0 N C N N O Z W a C9 z P w W f G W O a 0 W z W IL W a c O U U c M = 0 J N N � c 0 oOc U. W z w O a i T N_ O N r m O l� w a w W Q z N �o m O N E U C O U O U N t O A O Y ca w O m 2 O N C O m c N N d H U W m cc Z O Q D z W O v w w Z O m C7 Y v m r Y A CA ■,: ADMINISTRATIVE REPORT L� MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Roberta Gafford, City Clerk November 15, 2012 APPROVED DEPARTMENT HEADi CITY ATTORNEY CITY MANAGER Approval of Minutes of the November 14, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 14, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ SUBJECT: Receive and file department payments from October 30, 2012 to November 13, 2012 in the amount of $8,834,083.04, Self Insurance payments from October 30, 2012 to November 13, 2012 in the amount of $308,977.82, totaling $9,143,060.86 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: November 14, 2012, 11:58AM S: \Kim GWDMIN \COUNCIL - ADMIN- AP- 2013\ADMIN -AP 112812.doc MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: B. C, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November 15, 2012 CITY ATTORNEY CITY MANAGER _y SUBJECT: 1. Adoption of Ordinance Amending Section 2.04.070 Relating to City Council Meeting Order of Business. 2. Adoption of Ordinance Amending Section 3.20.090(G) Relating to Formal Contract Procedures. 3. Adoption of Ordinance Amending Section 5.08.080 Relating to Expiration of Alarm System Permit. 4. Adoption of Ordinance Amending Section 5.08.160 Relating to Alarm Permit Appeals. 5. Adoption of Ordinance Amending Section 5.08.190 Relating to Violation of Alarm Regulations. 6. Adoption of Ordinance Amending Section 5.32.060(A) Relating to Application for Massage Establishment and Practitioner Permit. 7. Adoption of Ordinance Amending Section 10.44.060 Relating to Truck Routes. 8. Adoption of Ordinance Amending Section 12.20.020(8) Relating to Revocation of Encroachment Permits. 9. Adoption of Ordinance Amending Section 13.12.030 Relating to Development Improvement Standards and Specifications. 10. Adoption of Ordinance Amending Section 15.74.190(A) Relating to Flood Damage Exemption and Appeal Procedures. 11. Adoption of Ordinance Amending Section 15.78.090(C) Relating to Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program Violation /Penalty. 12. Adoption of Ordinance Amending Section 15.80.040 Relating to Limitation as to Minor Land Division. 13. Adoption of Ordinance Repealing Section 15.84.055 Relating to Reduction or Waiver of Transportation Impact Fee for Low - Income Housing Projects. 14. Adoption of Ordinance Amending Section 16.12.030(C) Relating to Lot Line Adjustments. 15. Adoption of Ordinance Amending Section 16.12.050, Relating to Limitation as to Minor Land Division. 16. Adoption of Ordinance Amending Section 16.12.075 Relating to Approval of Maps Conditioned on Indemnification of City. 17. Adoption of Ordinance Deleting Section 16.16.080(E) Relating to Extension of Map Approval. 18. Adoption of Ordinance Amending Section 16.20.060(A) (3) (e) Relating to Statements of Parties Having Record Title Interest in Drill Site Parcels. 19. Adoption of Ordinance Amending Sectionl 6.32.060(E) Relating to Fees for Sewer Facilities. 20. Adoption of Ordinance Amending Section 17.04.305 Relating to Garage or Yard Sale. 21. Adoption of Ordinance Amending Section 17.08.210 Relating to Approval of Development Entitlement Conditioned on Indemnification of City. 22. Adoption of Ordinance Amending Section 17.60.020(B) Relating to Permits for Signs. 23. Adoption of Ordinance Amending Section 19.04.050 Relating to Vehicle Parking at Airports. 24. Adoption of Ordinance Amending Sections of the Bakersfield Municipal Code Which Reference Development Services Director. 25. Adoption of Ordinance Amending Sections of the Bakersfield Municipal Code Which Reference Uniform Building Code. L? I *N—T• I .'. T l. l 4 :17 � 1 i i L o 7 il F Staff recommends adoption of the proposed ordinance amendments. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Section 2.04.070. The amendment simplifies the process for making changes to the order of business during meetings. 2. BMC Section 3.20.090(G). The amendment makes the ordinance consistent with changes to state law. 3. BMC Section 5.08.080. The amendment eliminates a fine for failure to register or renew an alarm permit, instead allowing the non - registration or non - renewal to be handled administratively. 4. BMC Section 5.08.160. This amendment provides additional time within which an alarm permit appeal may be heard to allow City staff and Council flexibility in scheduling the appeal. 5. BMC Section 5.08.190. The amendment clarifies penalties for violation of the alarm permit ordinance. 6. BMC Section 5.32.060(A). The amendment replaces the term "director of development services" with "community development director" to reflect the new name. 7. BMC Section 10.44.060. The amendment updates truck routes within City limits. 8. BMC Section 12.20.020(B). The amendment divides this section into paragraphs to make it easier to understand. ADMINISTRATIVE REPORT 9. BMC Section 13.12.030. The amendment reflects current standard manuals used by the City. 10. BMC Section 15.74.190(A). The amendment replaces the term "development services department" with "community development department" to reflect the new name. 11. BMC Section 15.78.090(C). The amendment corrects a typographical error. 12. BMC Section 15.80.040. The amendment clarifies that all types of land division applications, including minor land divisions, are subject to the park land requirement, and deletes "approximately" to clarify the intent of the ordinance. 13. BMC Section 15.84.055. The amendment provides consistency with the current development fee requirement. 14. BMC Section 16.12.030(C). The amendment makes the ordinance consistent with Subdivision Map Act section 66412(d). 15. BMC Section 16.12.050. The amendment reflects current practice. 16. BMC Section 16.12.075. The amendment provides consistency with the City's indemnification practice. 17. BMC Section 16.16.080(E). The amendment makes the ordinance conform to the state adjustment of value. 18. BMC Section 16.20.060(A) (3) (e). The amendment corrects a typographical error. 19. BMC Section 16.32.060(E). The amendment identifies those sanitary sewer areas which presently exist. 20. BMC Section 17.04.305. The amendment replaces the word "chattel" with a more familiar term. 21. BMC Section 17.08.210. The amendment provides consistency with the City's indemnification practice. 22. BMC Section 17.60.020(B). The amendment corrects a typographical error. 23. BMC Section 19.04.050. The amendment clarifies parking limitations at the Bakersfield Municipal Airport. 24. This amendment replaces the term "Uniform Building Code" with "Building Code" in all sections of the Code. The City uses the California Building Code which is based on the International Building Code. Deletion of "Uniform Building Code" will avoid confusion. 25. This amendment replaces the term "development services director" with "community development director" to reflect the new name of the department. These ordinance amendments had first reading on November 14, 2012. AH:Isc S1COUNCIUAdmins \12 -13 Admins \Cleanup 2012.2d.docx A ADMINISTRATIVE REPORT U d MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2 &- DATE: November 2, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of the City Council of the City of Bakersfield authorizing application for all CalRecycle Grants for five years. (All Wards) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: With approval by Council, in 2006 the City of Bakersfield began a Waste Tire Enforcement and Waste Tire Cleanup program. The grant- funded staff time directly related to development, implementation and monitoring of these programs. This is an effective way to address the City of Bakersfield's need to educate tire dealers and auto dismantlers of their responsibilities to reduce the illegal disposal of waste tires. The program will be comprehensive, informative and allows for enforcement action when necessary. It provides for correcting of waste handling problems, reducing long -term disposal problems, identifying illegal waste tire haulers, encouraging compliance and providing for the cleanup of illegally dumped tires. Previously the resolution and grant applications were required to be submitted on a yearly basis. In an effort to streamline the process, CalRecycle now accepts resolutions that authorizes up to five years of grant application submittals. The proposed resolution extends, for five years, the City's ability to apply for these grants and other similar grants, available through CalRecycle for a five -year period from July 1, 2013 through June 30, 2018. November 8, 2012, 4:44PM /kd SADanaWDM1NS \2012 \N0V\11 -28- CalRecycle Tire Grant.docx MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, e TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 14, 2012 SUBJECT: Purchase of Holmatro Rescue Equipment. APPROVED DEPARTMENT HEAD CITY ATTORNEY .� CITY MANAGER 1. Resolution determining that Holmatro rescue equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $168,000. 2. Approve the purchase of seven (7) replacement Holmatro rescue tools .from FS3 for a total amount not to exceed $168,000. RECOMMENDATION: Staff recommends adoption of Resolution and approval of purchase. BACKGROUND: Holmatro rescue equipment has been used by the City of Bakersfield Fire Department for over ten years. The equipment has an excellent track record and has become the standard for the Fire Department. Holmatro rescue equipment must be purchased from the exclusive dealer for Kem County, Fire Service Specification and Supply (FS3). Funds for the purchase are in the FY 2012 -2013 adopted budget within the Equipment Management Fund. The seven (7) rescue tools to be replaced have been used beyond their scheduled replacement date and are badly worn. Purchasing Division/kb SAPURCHWDMINWdmin 12 -13 \Holmatro Rescue Tools, FS3, Sole Source, November 28, 2012.docx •suoislnaa pup nnalnaa alau� ao} uollnogpeds qof siy1 uo pajuasaidaa uolslnlp Jo /puo juaw�aodap uopa u1lM pa�aom saoinosad uownH -sa�oplpuoo paljllbnb 6upiojea puo 6ul�lnjoaa q�!m Islsso of pub pawjojaad Sapp lon }oo ay1 palm 01 suoi�oolplonb wnwlulw puo sal�np qof loljuassa aye ajopdn of abon6uol a6uoyo /ppo 01 paslnaa aq uoi�oa!j!aads qof ay} Ioy1 papanbai soy �uaw�apdaa s�aoM olignd ayj 'ssaooid �uawjpjoaj 9y1 jo �aod sy :Ja3IJ0M aou uaM W 631MOS ,Buljaaw Z LOZ "OZ jagwanoN JlayI 10 papo8 901ni9S I!Al3 snoauollaoslw ayj of pajuasaid bulaq si uoijooi laads qof paslnaa IoaJaoo ayl •awns ayj ulowaJ ll!M iUolos ay4 so Ioodwl Aaoja6pnq ou s! aaayl -suollopuawwooaj pasodoid 9y1 4o paslnpp uaaq poy nos -suollooigonb wnwlulw aol papaau aoualaadxa aye A4!luonb pinom Iau1 abon6uol pappo ao /puo pa6ubyo �pul papinoid sons uolslnaa Ioaaaoou! aye 'JanannoH -6u1}9aw 1punoZ) Z LOZ "L L aagop0 aye }o panoiddo pup aagoloO ul paslnaa sons joloaadO aadaamS jo�oW aol uoiloollloads qof ayl 9 O Jeceems aolow :aNnommovs suol�ooljloads qof paslnaa ayj 10 lonoiddo puo uoplosaa ay1 jo uolldopo spuawwooaa lJols N0I1V MM003b (00092 #) I jua6y Apadoid load (OOZE I#) aajaoM 90uou91uloW aoIAJGS (OZZE L #) aoloaadO aadaams aojoW :suoi +ool4loadS gor paslnad 'Z I }uabV Apadoid load aol s�gauaq pa}olaa puo alnpayos Ajolos 6ulldopo pub s�!un jollop ajlyM puo an19 ayl jo saaAoldwa aol 6ulpuo}saapun p wnpuojowaW 6ulnoiddq g0 -0-v I 'ON uo!}nlosad 01 s 'oN IuawpuawV * L suoijoollloadS qof paslnad puce alnpayoS AjaloS of sa6uoy0 130VNVW AiD A3NVO11V AM Z LOZ "9 L aagwanoN aV3H 1N3WiSVd3a aa6ouoW saoinosad uownH 'JGIual 4suy3 a3AOHddV punoo A�!D pup joAoVw algbJouoH :1o3PSnS :31Va' :WObd :01 :W311 appu9103 Iuasuo3 :NOIl� S V( N39V Z LOZ "8Z �agwanoN 31Va 9N1133W 01417 1110d3?] 3AUMMISHwav S raoa�' 30 tl8 BAK RS ADMINISTRATIVE REPORT C +RY a a° /FO SEIU had been advised of the proposed recommendations. There is no budgetary impact as the salary will remain the same. The revised job specification is being presented to the Miscellaneous Civil Service Board at their November 20, 2012 meeting. Real Property Aaent I: Due to two failed recruitments in the past year for a Real Property Agent I, the Finance Director has requested that the job specification and salary range for this position be revised. The job specification for the Real Property Agent I has been updated to more accurately reflect current duties, terminology, governmental experience and /or current trends. The Human Resources Division conducted a classification study of other agencies and internal positions comparable and equivalent to that of the Real Property Agent I classification. A survey was conducted with nine comparable agencies with similar positions. The resulting compensation survey average was 24.6% greater than the City of Bakersfield's Real Property Agent I salary. Furthermore, the City of Bakersfield's Real Property Agent II position is at the same salary range as our Development Associate classification. The position that is in line for succession planning and promotes into this position is our Development Assistant, and it is 25.3% greater in salary than our Real Property Agent I classification, and requires two years less experience in its field. An increase in salary range is recommended to address the discrepancy in competitive rates and recruitment and retention issues as well. Therefore, the Real Property Agent I salary range has been set at a level equivalent to that of Development Assistant. Both positions have a similar level and scope of responsibility. Based on the current salary schedule, the projected annualized cost will be approximately $10,000. SEIU has been advised of the proposed recommendations. The new job specification will be presented to the Miscellaneous Civil Service Board at their November 20, 2012 meeting. (cc) BA O� mvoRVe �S ADMINISTRATIVE REPORT A�IFO MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 5, 2012 APPROVED DEPARTMENT HEAD .� CITY ATTORNEY CITY MANAGER /W SUBJECT: Resolution of Intention No. 1731 to accept dedication of Right -of -Way for Coffee Road at the southeast corner of Coffee Road and Goesling Avenue (located near the intersection of Coffee Road and Norris Road, Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield acquired a parcel of land for future widening of Coffee Road at the southeast corner of Coffee Road and Goesling Avenue per a Grant Deed recorded on April 18, 2012, document #212051730. The property is located near the intersection of Coffee Road and Norris Road. The City owned property was cleared of all structures and vegetation. It is now a vacant lot. The City is preparing construction plans for street widening of the intersection of Coffee Road and Goesling Avenue and wishes to dedicate the Right -of -Way for Coffee Road as shown on the attached Exhibits "A" and "B ". The utility companies serving the area have been notified of the street widening project. All utilities will be relocated or adjusted as necessary. Preliminary notices will also be mailed to all adjacent property owners within a 300 -foot radius of the proposed right -of -way dedication area. This Resolution sets the Public Hearing date for the regular Council meeting on Wednesday, January 9, 2013, for the proposed dedication of Right -of -Way. da (TIK216) November 20, 2012, 8:20AM G:\ GROUPDAT\ADMINRPT\2012 \11 -28WDM ROI For RW Dedication 6330 Coffee.Doc TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director APPROVED DATE: November 19, 2012 DEPARTMENT HEAD CITY ATTORNEY SUBJECT: Memorandum of Agreement with the Kern Council of CITY MANAGER_ Governments for funding assistance in updating the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan. (All Wards) 1. Agreement (MOA) with the Kern Council of Governments ($152,340) to reimburse the City for costs incurred in drafting updates to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan. 2. Appropriate an additional $52,340 to the Development Services Capital Improvement budget in the Capital Outlay Fund. This new MOA will supersede MOA No. 07 -137. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation of funds. BACKGROUND: In 2007, the City received approval from the Kern Council of Governments (KCOG) under their local technical assistance program for $100,000 to assist with updating the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan. A Memorandum of Agreement (MOA) was entered into by the City and KCOG on May 9, 2007 (Agreement No. 07 -137). The total amount invoiced to KCOG for reimbursement of completed work in developing administrative drafts of the two elements was $152,340; however, staff understood that reimbursement would be limited to the $100,000 specified in the MOA. KCOG recently informed us that they had additional technical assistance funds to cover the costs above the MOA and therefore, approved these additional funds for fiscal year 2012/2013. The KCOG Board subsequently approved a new MOA at their meeting on October 18, 2012 that increases the total reimbursement to the City to $152,340. Staff is recommending that the City Council approve this new MOA, which will supersede MOA No. 07 -137. Additionally, since $100,000 was previously appropriated and has been carried over to the current budget year, staff is also recommending that an additional $52,340 be added to the Development Services Capital Improvement budget in the Capital Outlay Fund so that the total reimbursement of funds is consistent with the new MOA. November 19, 2012, 1 1:05AM JGE: SADana \ADMINS \2012 \NOV\11 -28 -Kern COG MOA 11 -28 LU -Circ Funds Admin Report.docx MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas DEPARTMENT HEAD DATE: November 9, 2012 CITY ATTORNEY 09— CITY MANAGER SUBJECT: Agreement with Southern California Gas Company (SCG) authorizing SCG to install data collection units on street light poles for the Advanced Meter Program (Wards 1, 2, 3, 4, 5, & 6) RECOMMENDATION: Staff recommends approval of Street Light Agreement. BACKGROUND: Southern California Gas Company has been authorized by the California Public Utilities Commission to implement an Advanced Meter Program within its jurisdiction in the City of Bakersfield. The implementation of the advanced meter program requires the installation of communication devices to all their residential and commercial natural gas meters and radio frequency data collector units to collect and transmit gas usage information. Southern California Gas Company desires to install low- powered radio frequency data collectors within the street right of way at various locations within the City to create a network of data collection units. The City owns, operates and maintains street light facilities within Southern California Gas Company's jurisdiction which meet the desired locations and criteria for the installation of the data collector Units. The City is willing to grant Southern California Gas Company a non - exclusive, revocable license to attach the data collection equipment to the street light facilities in order to reduce the number of new infrastructure installations within the City's right of way. Southern California Gas Company will compensate the City for their use of the street light poles. Southern California Gas Company will pay a $200 deposit and a one -time fee of $780 ($39 per year times 20 years) for each City owned street light pole used for the data collection equipment. The Street Light Agreement will remain in place for 20 years and may be extended thereafter for successive one -year terms. Southern California Gas Company anticipates using 13 City owned street light poles to complete their network system. of G:\ GROUPDAT \ADMINRPT\2012 \11- 28 \SO. Cal Gas Street Light Agreement.docx A ADMINISTRATIVE REPORT r MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: 8.' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 15, 2012 Independent Management (Ward 2). APPROVED DEPARTMENT HEAD 4) CITY ATTORNEY CITY MANAGER Contractor's Agreement ($73,632.00) with Spear Security and Company for Site Security Services at Bakersfield Amtrak Station RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Bakersfield Amtrak Station is among the busiest stations in California due to Bakersfield's station being the end of the line. Passengers traveling south over the Grapevine are transferring between trains and buses to continue their journey. To improve safety and security of the station, both Amtrak staff and City staff recommend providing site security during peak hours to deter transients and parolees being dropped off at the station from loitering. On October 4, 2012, staff issued a notice of Request for Qualifications and Proposals for Site Security Services at the Bakersfield Amtrak Station. On October 23, 2012, the following 10 firms submitted a Statement of Qualifications and Proposals. Access Control Security ... .....................Northridge AlliedBarton Security Services LP .........Newbury Park G4S Secure Solutions (USA) Inc ............ Sacramento Integrated Security Services ................New York M & S Security Services Inc ...................Bakersfield Middleton Security Services, Inc.......... Bakersfield PACWEST Security Service ....................Costa Mesa RMI International, Inc ...... ......................Paramount Security America ........... ........................Gardena Spear Security & Management Co....Los Angeles In November 2012, City staff reviewed the submitted Statements of Qualifications and recommended award of a contract to Spear Security and Management Co. based upon their qualifications and proposal being the most favorable to the City. Public transit funds administered by the Kern Council of Governments provide the funding source for this agreement. There is no General Fund impact associated with this agreement. PW / Design Engineering r NF November 20, 2012, 8:19AM GA GR0UPDAT \ADMINRPT\2012 \11- 28Wmtrak Site Security.Docx A ° ADMINISTRATIVE REPORT MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ISIKV- DATE: November 9, 2012 CITY ATTORNEY CITY MANAGER M SUBJECT: Independent Contractor's Agreement ($100,000) with Quad Knopf for providing on- call environmental services for non - federally funded Capital Improvement Projects for Fiscal Years 2012 -13 and 2013 -2014 (All wards). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Environmental services are necessary for several Capital Improvement Projects. Examples of these services include surveying to determine if endangered species inhabit a project site or conducting training sessions for a contractor's staff to ensure that staff follows certain procedures if a kit fox comes onto the project site. In the past, these services were secured through purchase orders or under the Water Resources Department's on -call agreement. An on -call Public Works' agreement for environment services would enable the Department to more efficiently schedule and monitor these consultant services. On September 14, 2012, staff issued a notice to inform interested firms about this program. More than 60 local and out -of -town firms responded to that notice by obtaining a copy of the City's Request for Qualifications. On October 12, 2012, the following 10 firms submitted a Statement of Qualifications, along with their Hourly Billing Rate Schedule. AECOM Technical Services, Inc . ......... Bakersfield Dudek. ............................... ......................Encinitas Live Oak Associates .. ............................San Jose LSA Associates, Inc .......... ......................Riverside Pax Environmental, Inc . ........................Ventura Quad Knopf ........................ ....................Bakersfield Sapphos Environmental, Inc ................Pasadena Stantec Consulting Services, Inc . ........ Bakersfield SWCA, Incorporated . ............................San Luis Obispo UltraSystems Environmental Inc........... Irvine In October 2012, a selection committee of City staff reviewed the submitted Statements of Qualifications and recommended award of a contract to Quad Knopf based upon their qualifications being the most favorable to the City. PW / Design Engineering / ADR November 9, 2012, 12:43PM G: \GROUPDATWDMINRPT\2012 \11 -28 \On Call Envir Consultant For PW.Docx ADMINISTRATIVE REPORT Since specific scopes of work have not yet been determined, the compensation amount under this agreement is set at a not -to- exceed aggregate total of $100,000 for a two -year period. Funding for this agreement will be paid for through the actual budgeted project. No additional appropriations are anticipated at this time. PW / Design Engineering / ADR November 9, 2012, 12:43PM G: \GROUPDATWDMINRPT\2012 \11 -28 \On Call Envir Consultant For PW.Docx AK ADMINISTRATIVE REPORT 10 MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, 1. TO: Honorable Mayor and City Council FROM: Art R. Chianello, Water Resources Manager DATE: November 15, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY_ CITY MANAGER SUBJECT: Reimbursement Agreement with North Kern Water Storage District (not to exceed $53,253) for City's pro -rata share of costs to participate in Kern River Weather Modification Program for the 2012/13 season. (Wards 1 through 7) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield and its predecessors have participated in the Kern River Weather Modification Program (KRWMP) for nearly fifty years. The ma in objectives of the "cloud seeding" program or effort is to increase the overall water yield of the Kern River by "targeting" precipitation to occur in the snow shed above Lake Isabella. This program is jointly funded by several local agencies with interest in the levels of precipitation within Kern River Basin. Each of the participants of this program believes it has proven to be successful over the years. The results from various fundamental and statistical ongoing studies strongly indicate that increases in precipitation within the range of 5 -15% have been achieved from properly designed and operated cloud seeding programs. Prominent among these studies has been those focused on orographic wintertime clouds, particularly the programs over the Sierra Nevada mountain range in California. The participants in this local program include the City of Bakersfield, North Kern Water Storage District, Kern Delta Water District and Buena Vista Water Storage District. The lead Agency for the program is North Kern Water Storage District (NKWSD). Under current arrangements, NKWSD (lead agency) has entered into an agreement with RHS Consulting, Ltd., to carry out and supervise the Weather Modification Program for an estimated amount not to exceed Two Hundred Thirteen Thousand and Twelve Dollars ($213,012). The shared cost for each participant is twenty -five percent (25 %) of the total costs of the program not to exceed Fifty - Three Thousand Two Hundred Fifty -Three Dollars ($ 53,253). At its November 7, 2012 meeting, the Water Board approved participation in Kern River Weather Modification Program and recommended that this reimbursement agreement be forwarded to City Council for approval. Funding for this agreement is included in the Water Resources Department FY 2012 -2013 operating budget. There will be no General Fund dollars spent on this program. MR S:\2012 ADMIN REPORTS \Reimbursement Agreement with NKWSD WeatherModPrg.doc MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: R. M. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 13, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Transportation Impact Fee Agreement with Pulte Homes, Inc. for improvements on State Route 178 (not to exceed $477,650.88). (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Pulte Homes, Inc. ( Pulte) has developed Tentative Tract 6149 located on the south side of SR 178 between Comanche Road and Miramonte Drive. Development of this land required the construction of improvements on SR 178 that are eligible for a Transportation Impact Fee credit. The Phase III Regional Transportation Facilities List shows Projects #351 and #599 as the construction of two lanes on State Route 178 from Morning Drive to Rancheria Road to Panama Lane and Project #599 as the installation of a traffic signal at the intersection of State Route 178 and Miramonte Drive. Pulte constructed two lanes on State Route 178 along the frontage of Tract 6149 and also installed the traffic signal at the intersection of State Route 178 and Miramonte Drive, The proportionate impact fee credit for these projects is $735,030.88. This amount was based upon the value of improvements as listed on the Facilities List. Because the improvements were constructed in 2006, credits were allowed when the request for TIF credits was received. To date, Pulte has accumulated $257,380.00 in traffic impact fee credits. This amount will be deducted from the budgeted amount of $735,030.88. The maximum credit available as of today's date is $477,650,88. Pulte Homes has requested that the transportation impact fee credit available from these improvements be applied to impact fees due on Tentative Tracts 6578, 6148, 6149, 6426, and 6760. /Ps G: \GR0UPDAT \ADMINRPT \2012\ 11 -28 \TIF credit agr Pulte Homes T6149,docx MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: 4941. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 13, 2012 APPROVED DEPARTMENT HEAD .' CITY ATTORNEY - CITY MANAGER Transportation Impact Fee Agreement with Palma Homes, Inc. for improvements constructed on Wible Road (not to exceed $61,174.31), (Ward 7) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: Palma Homes, Inc. is developing Tract 5362 located at the southeast corner of Wible Road and Hosking Avenue. Development of said land required the construction of improvements on Wible Road that are eligible for Transportation Impact Fee credits. The Phase III Regional Transportation Facilities List shows Project #442 as the construction of two lanes on Wible Road from SR119 to Panama Lane, Palma Homes constructed one lane on Wible Road along the frontage of Tract 5362 (.25 miles). The proportionate impact fee credit is $61,174.31. This amount was based upon the value of improvements as listed on the Facilities List. The developer has requested that the transportation impact fee credit available from these improvements be applied to impact fees due upon issuance of new residential building permits within Tract 5362, /Ps GAGR0UPDAT \ADMINRPT \2012\ 11- 28 \TIF credit agr Palma Homes T5362.docx MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 15, 2012 APPROVED DEPARTMENT HEAD )/-C CITY ATTORNEY CITY MANAGER Amendment No. 4 to Agreement No. 03 -310 for employment of Virginia Gennaro as City Attorney for the City of Bakersfield. 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 November 14, 2012, City Council concluded its annual 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 059 -12 for the City's Management Units (2% increase effective July 2, 2012). The attached Amendment No. 4 to Agreement No. 03 -310 identifies this adjustment and is responsive to Council's direction. VG:Isc S: \COUNCIL \ Admins\12 -13 Admins \CityAttyAgr- VG- Amnd4.docx A i ADMINISTRATIVE REPORT MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: Q_ D_ TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 15, 2012 t� APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 38, 55, 57, 58, 59, 67, 68, 69 and 73 to Agreement No. 09 -076 with Security Paving Company, Inc. ($177,084.91; revised not to exceed $87,886,541.56; change orders funded with traffic impact fees) for the construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue (no interchange at this location). Change Order No. 38 provides for modifications to the PG &E conduit supports in the Calloway Drive Overcrossing Bridge. The original plans show the installation of hangers to support the PG &E conduits; however, PG &E subsequently required the installation of concrete cradles and straps to install and support these conduits. The cost of this change order is the difference in cost between the installation of hangers and the concrete cradles and straps. This change order results in a net increase of $13,197.20. Change Order No. 55 provides for a net reduction in the quantities of dowel and tie bars to be installed within the concrete pavement for the freeway. The Caltrans Standard Plans that this project is using were amended after the project bid and this change resulted in this reduction, This change order results in a net decrease of $115,937.05. Change Order No. 57 provides for modifications to a retaining wall located at the Coffee Road interchange. This retaining wall was originally shown in the plans to be constructed with colored concrete and have an architectural texture; however, this wall is not visible to the traveling public, and so the aesthetic treatment of this wall was eliminated. This change order results in a net decrease of $12,598.81. Change Order No. 58 provides for the application of an epoxy polyurethane coating to 8 new sewer manholes required for the relocation of the sewer trunk line in the vicinity of Jewetta Avenue. This coating is necessary for the protection against corrosion of the manhole walls, but the coating was not included in the bid set of plans. This change order results in an estimated increase of $60,000.00. U; Tdw GAGR0UPDAIIADMINRPT 12012 \11- 28Wdmin Rpt CCO 32 55 58 59 67 68 69 and 73 WSP Phase 2.docx Change Order No. 59 provides for the replacement of some unstable, sandy material that was encountered at various areas along the mainline of the freeway, with a Class 2 Aggregate Base material. Unstable sandy material can adversely affect the construction of the freeway concrete paving, as it cannot uniformly support the heavy equipment used to construct the roadway. The City's Construction Manager's recommended replacement of this sandy material, where encountered, with Class 2 Aggregate Base. Class 2 Aggregate Base is widely used as a base layer in the construction of engineered roads and is able to support the heavy paving equipment used for the freeway. This unstable sandy material was not originally anticipated to be encountered, and so replacement with aggregate base was not part of the original bid documents. This change order results in a net increase of $ 102,366.01. Change Order No. 67 provides for additional work necessitated by a new standard issued by Caltrans after the project was bid. This new standard requires sand blasting of the tops of all bridge girders prior to the placement of bridge deck concrete on top of these girders. This sand blasting results in a cleaner surface that the concrete bridge deck better adheres to. All bridges for the project need to comply with this new requirement. This change order results in a net increase of $ 10,257.56. Change Order No. 68 provides for the addition of some slope paving in the vicinity of the Mohawk Street Overcrossing Bridge. This work was originally planned to be performed during the construction of Phase 1 (Mohawk Street) of the Westside Parkway; but because of project timing and efficiencies, this work was deducted from the Phase 1 contract and added to the Phase 2 contract. This change order results in a net increase of $24,800.00. A subsequent deductive change order, in the same amount, is being processed for the Phase 1 project. Change Order No. 69 provides for additional work for the removal and disposal of some unanticipated buried objects (concrete footings, concrete piles, RCP pipes, and steel rails) encountered during excavation and grading activities for the project. This change order results in an estimated increase of $ 45,000.00. Change Order No. 73 provides for modifications to the Friant -Kern Canal Bridge Plans. This change order adds 5 deck drains to the bridge which were not included in the original plans used for bidding. This change order results in an estimated increase of $50,000.00. Staff recommends approval of Contract Change Order Nos. 38, 55, 57, 58, 59, 67, 68, 69 and 73. Change Orders to date, including these proposed Change Orders, total $11,314,096.49. This is a 14.8% increase over the original Agreement as illustrated below: • Original Contract Amount = $ 76,572,445.' 07 Previous Change Orders = $11,137,011.,58- • Current Change Order Nos. 38,55,57,58,59,67,68,69 and 73 = $ 177,084:91 • Amended Contract Agreement after Change Orders = $ 87,886,541.56 Net Increase to date = $ 11,314,096.49 Lt; Tdw G: \GROUPDATWDMINRPT \2012 \11- 28Wdmin Rpt CCO 32 55 58 59 67 68 69 and 73 WSP Phase 2.docx Much 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. Lt; Tdw G: \GROUPDATWDMINRPT \2012 \11- 28Wdmin Rpt CCO 32 55 58 59 67 68 69 and 73 WSP Phase 2.docx BAKE OF �conrox,r� Rs� ✓^,��TVj`7 ADMINISTRATIVE REPORT R1 11, �q�tF0 MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation & Parks DATE: November 2, 2012 APPROVED DEPARTMENT HEAD '0 & CITY ATTORNEY —1- CITY MANAGER 4 SUBJECT: Appropriate $2,500 contribution from Southern California Gas Company made to the Recreation and Parks Department Operating Budget within the General Fund for the Escape School Event. (ward 4) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: In collaboration with the Bakersfield Police Department, Southern California Gas Company generously sponsored $2,500 towards the Escape School Event held at the Bright House Networks Amphitheater on October 12, 2012. Police officials explained current methods of preventing child abduction, food and drinks were made available, and the evening ended with a family movie. The City utilized this sponsorship to schedule the family movie, supply necessary equipment, publicize the event, and secure the staff as needed. jin November 2, 2012, 3:33PM:jln S:IADMINISTRATION DIVISIONVWdmin Rpts\2012 Admins\Escape School - Gas Co.doc ��BAKE HCORPORT� •S� ADMINISTRATIVE REPORT cgL1F0 MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD 0 L 14 DATE: November 1, 2012 CITY ATTORNEY J(:�— CITY MANAGER /CS SUBJECT: Transfer $151,000 from the Watts /Coral Gables Park project to the Contribution Account within the Park Improvement Fund to reimburse construction of multi -use fields at the Friendship House Community Center. (Ward 1) RECOMMENDATION: Staff recommends approval of transfer. BACKGROUND: On January 11, 2012, Council approved an agreement with Community Action Partnership of Kern (CAPK) to use $151,000 of available Park Improvement Funds to reimburse CAPK for the design and construction of a multi -use sports field located at the Friendship House Community Center (2424 Cottonwood Road). These sports fields will expand sports leagues for children and improve the quality of life in the surrounding community. CAPK recently completed construction of this project and has requested the City to reimburse design and construction costs of $151,000. The City has available Park Improvement Funds within the Watts /Coral Gables Park project which is for the acquisition of a six (6) acre park located near the Friendship House. This project is within a development that remains as raw land and is currently idle. Staff recommends transferring $151,000 from the Watts /Coral Gables Park project to the Contribution Account within the Park Improvement Fund. This transfer will have no impact to the General Fund. iln October 31, 2012, 12:02PNIJIn C:\ Users\ sforsyth \AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE9ICG \Friendship House funding.doc A 1, R ADMINISTRATIVE REPORT IF MEETING DATE: November 28, 2012 AGENDA SECTION: Successor Agency ITEM: , g TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 14, 2012 CITY ATTORNEY CITY MANAGER_ SUBJECT: Receive and file successor agency payments from October 30, 2012 to November 13, 2012 in the amount of $22,321.06. RECOMMENDATION: Staff recommends report be received and filed. 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Slaughter, et al. v. City of Bakersfield, et al. KCSC Case No. S- 1500 -CV- 271472 -WPD VG:Isc S: \COUNCIL \CI Sess\ Adm1ns \12- 13 \11- 28- 12ExistL1t.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 14, 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, Hanson, Sullivan, Johnson Absent: Councilmember Weir a. Introduction of student body representatives participating in the 58th consecutive Teen City Government Day. Edwin Ortiz, Foothill High School; Jennifer Hong, Stockdale High School; Taylor Winter (absent), Liberty High School; Karlee Rodriguez Juarez, (absent), North High School; Amanpreet Sarai, Ridgeview High School; Renae Lewis (absent), West High School; Esperanza Gutierrez, Mira Monte High School; Ying Wu, Independence High School; Chloe Carlson, Centennial High School; Keely Palla, Garces Memorial High School; Matt Adams, Frontier High School; Gabriella Tkac (absent), Bakersfield Christian High School; and Ashly Mohankumar, Highland High School. 2. INVOCATION by Pastor Valarie Carlson, Emanuel Lutheran Church. 3. PLEDGE OF ALLEGIANCE by Evan Negrete, 1 S' grade student at Colonel Nichols Elementary School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class and from the Ridgeview High School Government class in attendance at the meeting to learn about City government. ACTION TAKEN Bakersfield, California, November 14, 2012 — Page 2 Mayor Hall acknowledged probationary police officer ACTION TAKEN Michael Crowe in the audience this evening, whom had suffered a serious off -duty accident and has spent considerable time in rehabilitation for the impacts of his injury, and he commended Mr. Crowe on his efforts and wished him the best of luck as he resumes his status with the Bakersfield Police Department. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Rick Moore, producer and director of the upcoming Glorious Christmas musical presentation at Canyon Hills Church, invited the Mayor and Council to attend any of the performances beginning Friday, December 14, through Sunday, December 16. b. Kathleen Ellis Faulkner spoke in support of High Speed Rail. C. Joseph Curiel and Tim Palmquist spoke in support of a proposed human life ordinance. d. Jeremy Wright spoke in support of renaming Hayes Street to Toliver, and thanked Mayor, Council and staff for helping build community support for this endeavor. e. Ryan Nance spoke in opposition to the prevailing wage resolution adopted at the last City Council meeting. 6. WORKSHOPS None. 7. APPOINTMENTS None. Bakersfield, California, November 14, 2012 — Page 3 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the October 17, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from October 5, 2012 to October 29, 2012 in the amount of $19,765,083.12 and self- insurance payments from October 5, 2012 to October 29, 2012 in the amount of $367,137.53 totaling $20,132,220.65. Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Section 2.04.070 relating to City Council FR Meeting Order of Business. 2. Section 3.20.090(G) relating to formal FR contract procedures. 3. Section 5.08.080 relating to expiration of FR alarm system permit. 4. Section 5.08.160 relating to alarm permit FR 5. appeals. Section 5.08.190 relating to violation of FR alarm regulations. FR 6. Section 5.32.060(A) relating to application for massage establishment and practitioner permit. 7. Section 10.44.060 relating to truck routes. FR 8. Section 12.20.020(B) relating to FR revocation of encroachment permits. 9. Section 13.12.030 relating to FR development improvement standards and specifications. FR 10. Section 15.74.190(A) relating to flood damage exemption and appeal procedures. FR 11. Section 15.78.090(C) relating to Metropolitan Bakersfield Habitat Conservation plan mitigation program violation/ penalty. 12. Section 15.80.040 relating to limitation as FR to minor land division. Bakersfield, California, November 14, 2012 — Page 4 8. CONSENT CALENDAR continued Item 8.c. continued 13. Section 15.84.055 relating to reduction or waiver of transportation impact fee for low- income housing projects. 14. Section 16.12.030(C) relating to lot line adjustments. 15. Section 16.12.050 relating to limitation as to minor land division. 16. Section 16.12.075 relating to approval of maps conditioned on indemnification of City. 17. Section 16.16.080(E) relating to extension of map approval. 18. Section 16.20.060(A) (3) (e) relating to statements of parties having record title interest in drill site parcels. 19. Section 16.32.060(E) relating to fees for sewer facilities. 20. Section 17.04.305 relating to garage or yard sale. 21. Section 17.08.210 relating to approval of development entitlement conditioned on indemnification of City. 22. Section 17.60.020(8) relating to permits for signs. 23. Section 19.04.050 relating to vehicle parking at airports. 24. Sections of the Municipal Code which reference Development Services Director. 25. Sections of the Municipal Code which reference Uniform Building Code. Resolutions: d. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2013. e. 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 secured against entry or for the abatement of certain weeds, debris and waster matter and authorizing collection of the assessments by the Kern County Tax Collector, ACTION TAKEN FR FR FR FR FR FR FR FR FR FR FR FR FR RES 123 -12 RES 124 -12 Bakersfield, California, November 14, 2012 — Page 5 8. CONSENT CALENDAR continued Sewer connection and construction fee assessments for 7808 Hooper Avenue: 1. Resolution confirming assessments for sewer connection fee and construction fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Ronald S. & Rebecca L Edwards, to pay sewer connection and construction fees in installments through the Kern County Tax Collector and notice of special assessment lien. g. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports for and authorizing collection of assessments by the Kern County Tax Collector. 1. Area 2 -51 (7301 District Boulevard) 2. Area 2 -52 (5551 District Boulevard) h. Resolution of Intention No. 1730 adding territory, Area 5 -65 (700 Planz Road) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Work's Director's Report. Resolution of Intention No. 1721 to accept dedication of right of way for Hosking Avenue at the Northeast corner of Hosking Avenue and Stine Road. Agreements: j. Disposition and Development Agreement with the Housing Authority of the County of Kern for Baker Street Village Phase II, ($3,600,695) for the development of 40 units of affordable multiple - family apartments at 1014 Baker Street and the rehabilitation of the Cornet Building and vacant lot at 1006 Baker Street. Agreement with Alliance Against Family Violence and Sexual Assault ($21,667 Emergency Shelter Grant Funds) to support the operating costs to continue services located at 1600 East Truxtun Avenue. ACTION TAKEN RES 125 -12 AGR 12 -137 RES 126 -12 RES 12 7 -12 ROI 1730 ROI 1721 AGR 12 -138 ABS JOHNSON AGR 12 -139 Bakersfield, California, November 14, 2012 - Page 6 8. CONSENT CALENDAR continued Agreement with Bethany Services/ Bakersfield Homeless Center ($68,000 Emergency Shelter Grant Funds) to support the operating costs for facility located at 1600 East Truxtun Avenue. M. Agreement with Bakersfield Rescue Mission ($68,000 Emergency Shelter Grant Funds) to support the operating costs for the facility located at 816 E. 215' Street. n. Agreement with Universal Background Screening (not to exceed $10,000) for pre - employment services. o. Agreement with Canyon Hills Assembly of God Church ($21,000) to purchase real property located at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) P. Agreement with Promotora Jardines Del Eden Corporation ($112,800) to purchase real property located at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) q. Cooperative Agreement with State of California Department of Transportation (Caltrans) for construction of the State Route 58 GAP Closure Project. (TRIP) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6448 Unit 9 located south of Stockdale Highway and west of Renfro Road. Amendment No. 1 to Agreement No. 1 1 -146 with IPC USA ($2,750,000; revised not to exceed $5,500,000 and extends term one year), to continue the supply of full -load gasoline and diesel fuel. t. Amendment No. 1 to Agreement No. 1 1 -147 with Valley Pacific Petroleum Services, Inc. ($1,250,000; revised not to exceed $2,500,000 and extends term one year), to continue the supply of partial -load gasoline and diesel fuel. ACTION TAKEN AGR 12 -140 AGR 12 -141 AGR 12 -142 AGR 12 -143 DEED 7562 AGR 12 -144 DEED 7563 AGR 12 -145 AGR 12 -146 AGR 11- 146(1) AGR 11- 147(1) Bakersfield, California, November 14, 2012 - Page 7 8. CONSENT CALENDAR continued U. Amendment No. 1 to Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: 1. Agreement No. 12 -001 - William J. & Ann Kinnett, 7705 Hooper Ave. 2. Agreement No. 12 -002 - Ray W. & Quandala Graham, 7908 Kimberly Ave. 3. Agreement No. 12 -005 - Milton J. & Marilyn C. Webster, 7712 Kimberly Ave. 4. Agreement No. 12 -006 - Franklin W. & Dorothy E. Allen, 7913 Hooper Ave. 5. Agreement No. 12 -007 - Richard D. & Judith I. Baize, 7600 Hooper Ave. 6. Agreement No. 12 -008 - Robert E. & Carolyn . Balch, 7709 Kimberly Ave. 7. Agreement No. 12 -009 - Roy & Marilyn A. Garcia, 7804 Kimberly Ave. 8. Agreement No. 12 -010 - Michael D. & Genita K. Holman, 7608 Kimberly Ave. 9. Agreement No. 12 -011 -Andrew & Delphine R. Lopez, 7801 Kimberly Ave. 10. Agreement No. 12 -012 - David E. & Michelle D. Reed, 7605 Kimberly Ave. V. Contract Change Order No. 62 to Agreement No. 09 -076 with Security Paving Company, Inc. ($150,526.11; revised not to exceed $87,709,456.65; change order funded with traffic impact fees), for the construction of the Westside Parkway Phase 2 Project. (TRIP) W. Contract Change Order No. 1 to Agreement No. 12 -109 with Bowman Asphalt Inc. ($48,808; revised not to exceed $461,220), for the Hosking Avenue and Wible Road Street Improvements Project. X. Contract Change Order Nos. 1 and 2 to Agreement No. 12 -099 with Security Paving Company ($56,722.77; revised not to exceed $1,152,767.10) for the Pavement Rehabilitation 2012 Phase 2: Panama Lane from State Route 99 to South H Street. ACTION TAKEN AGR 12- 001(1) AGR 12- 002(1) AGR 12- 005(1) AGR 12- 006(1) AGR 12- 007(1) AGR 12- 008(1) AGR 12- 009(1) AGR 12- 010(1) AGR 12- 011(1) AGR 12- 012(1) AGR 09 -076 CC062 AGR 12 -109 CCO1 AGR 12 -099 CCO1, CCO2 •wojtjoad ap!sgano losaan!un qj!m pajoloosso shoo 6uljoAoaa jo asogoand ayl ao4 punk asn�a� aye uly1!m Ia6pnq Aol�n0 loj!doo aq} o} aouoloq punk asn4ad 000'009' 3 aj0ladoaddy Z -shoo 6u!loAoaa puo asn }aa 4o Alddns ao4 '(9L'Z99'L9 -VU) oil aa�ol l5l-Z[ NOV o� �00J�Uoo anoaddo puo p!q jdaooy ! :s�aoo 6ulloAoad puo asnpad ao4 jooa�uoo l0nuuy 136 •10a10ad 0 t laod - loauuooaa }ul jouBiS ogloil aqj ao} '(9LZ'Z9 !$) 'oul 'oujoal� 051-Zt NOV dool q�!nn+ooa�uoo anoaddo puo p!q Idaooy •11 •Ioafoad 6 �aod - PauuooaaP loubiS olijoil auk JOI'(099'6L$) 'oul '0143,913 6bl-Z! 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CONSENT CALENDAR continued Miscellaneous: hh. Appropriate $60,000 Federal Grant Revenues (FY 2012 -13 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. ii. Appropriate $395,000 Landfill Closure Fund balance to the Public Works Department's Capital Improvement budget for costs associated with the Landfill Closure Project. Department of Housing & Urban Development (HUD) Action Plan Amendment No. 7 (FY 06/07), Amendment No. 15 (FY 08/09), Amendment No. 8 (FY 10 /11), and Amendment No. 2 (FY 12/13). kk. Acceptance of 2010 -11 Transportation Development Act Funds Financial Statements. Successor Agency Business: Receive and file successor agency payments from October 5, 2012 to October 29, 2012 in the amount of $307,531.85. Councilmember Johnson announced he would abstain due to conflict of interest, source of income, on item 8.j. ACTION TAKEN Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.11. AB WEIR 9. CONSENT CALENDAR PUBLIC HEARINGS None. Mayor Hall recessed the meeting at 5:57 p.m. and reconvened the meeting at 6:00 p.m. 10. Bakersfield, California, November 14, 2012 — Page 10 HEARINGS ACTION TAKEN a. Resolution adopting the Negative Declaration RES 128 -12 and approving the closing and construction of cul -de -sacs of Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C Streets south of 24th Street, subject to conditions. City Clerk Gafford announced that correspondence was received regarding this hearing, as follows: e -mails from Bob and Kristie Coons, Don Stansbury, and Ann Deiner; correspondence from Ron Fraze, Vanessa and Darlene Vangel, Dr. Romain Clerou Family, Rose and Frank Munoz, David Boyd, Jerry and Anne Seydel, and an individual letter from Jerry Seydel. Public Works Director Rojas made staff comments and introduced Assistant Public Works Director Underwood, who provided a PowerPoint presentation, and recommended adoption of the Negative Declaration and approval of the Resolution. Hearing opened at 6:21 p.m. The following individuals spoke in opposition to the staff recommendation: Dave Cross, representing the Dr. Romain Clerou Family and the Del Toro -Diaz Family, and submitted written material; Vanessa Vangel, on behalf of her mother and herself; Terry Maxwell; and Julie Regal, representing her father, Dr. Romain Clerou, and members of her family. Motion by Councilmember Benham to extend APPROVED the speaking time to an additional 15 minutes AB WEIR for each side. The following additional individuals spoke in opposition to the staff recommendation: Tomas Del Toro -Diaz; and Jerry Seydel. The following individuals spoke in support of the staff recommendation: Mike Hawkesworth; Ron Fraze; Wayne Kress; Lamar Kerley; Susan Ferguson; Dominique Minaberrigarai, representing himself and Mr. Charles Hong; Jeff Lemucchi; John Hale, representing his neighbors on Pine Street between 22nd and 24th streets; Robert Massey; and Jamie Hickock, representing his neighbors on B Street between 22nd and 24th streets. Bakersfield, California, November 14, 2012 — Page 11 10. HEARINGS continued Item 10.a. continued The following individuals spoke in opposition rebuttal to the staff recommendation: Vanessa Vangel; Julie Regal; and Dave Cross. The following individuals spoke in support rebuttal of the staff recommendation: Robert Massey; and John Hale. Hearing closed at 7:19 p.m. Councilmember Benham requested the record reflect that N this enabling legislation Is approved tonight, there remains the availability to opt out N any street Is unable to reach consensus or the consent of the property owners on the north end. Motion by Counclimember Benham to adopt the Negative Declaration and approve the Resolution as It was discussed tonight with the 84 -foot diameter with the sidewalks as staff has discussed to make It ADA compliant. b. General Plan Amendment /Zone Change No. 12 -0244; McIntosh & Associates, representing Amber Investments, LLC (property owners), has applied for a general plan amendment and zone change on 10.26 acres generally located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Highway. Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial). 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development). ACTION TAKEN APPROVED AB WEIR RES 129 -12 FR Bakersfield, California, November 14, 2012 — Page 12 10. HEARINGS continued ACTION TAKEN Item 10.b. continued Community Development Director Mclsaac made staff comments and recommended adoption of the Resolution and give first reading to the Ordinance. City Clerk Gafford announced correspondence was received from Tonya Riley in opposition to this matter. Hearing opened at 7:35 p.m. The following individuals spoke in opposition to the staff recommendation: Alex Georgian and Ann Georgian. Mayor Hall acknowledged Mr. and Mrs. Georgian for their efforts in picking up litter In their neighborhood. The following individuals spoke in support of the staff recommendation: Roger McIntosh, with McIntosh & Associates, representing Steve and Carrie Anderson of Amber Investments; and John Hale. Alex Georgian spoke in rebuttal opposition to the staff recommendation. No one spoke in rebuttal support of the staff recommendation. Hearing closed at 7:48 p.m. Motion by Vice -Mayor Couch to adopt the APPROVED Resolution and give first reading to the AS WEIR Ordinance. Bakersfield, California, November 14, 2012 — Page 13 11. REPORTS a. Amenity Replacement Plan for Pools: 1. Splash Pad at Siemon Park. 2. Skate Park and additional Picnic Areas at Planz Park. 3. Appropriate and transfer $105,000 in Transient Occupancy Taxes Fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the demolition and design phases of the replacement amenities for Siemon and Planz Pools. Administrative Analyst Huot made staff comments, provided a PowerPoint presentation, and advised that the Community Services Committee recommends approval of amenity replacement plan and appropriation and transfer of funds. ACTION TAKEN Motion by Councilmember Sullivan to approve APPROVED amenity replacement plan and appropriation AB WEIR and transfer of funds. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson requested that when staff does the overview of the bike master plan for the community, he would like to incorporate adding the bike lanes on Wible Road into that review. Councilmember Salas asked staff to provide a memo to the rest of the Council regarding what the City is trying to accomplish with the Public Utilities Commission to bring additional funding to help with the different solar projects for the residents of Bakersfield. Bakersfield, California, November 14, 2012 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan announced that her granddaughter had a new baby boy this morning. Mayor Hall announced that Vice -Mayor Couch will be closing the meeting at the conclusion of Closed Session. 15. CLOSED SESSION a. 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 8:05 p.m. AB WEIR Motion by Councilmember Salas to adjourn from APPROVED Closed Session at 8:57 p.m. AB WEIR RECONVENED MEETING AT 8:57 p.m. 16. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b) (1)/54957.6. Vice -Mayor Couch announced City Attorney Gennaro received a favorable evaluation. City Attorney Gennaro thanked the Council for its support and great cooperation over the years; announced she would miss those who will not be here next year; and that staff was unanimously directed to prepare an amendment to the City Attorney's contract and to include the City Management Group increase, which became effective in July of 2012. STAFF GIVEN DIRECTION Bakersfield, California, November 14, 2012 — Page 15 17. ADJOURNMENT ACTION TAKEN Vice -Mayor Couch adjourned the meeting at 8:58 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield