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HomeMy WebLinkAbout01/09/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 9, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 3:30 p.m, and reconvenes at 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Mohamad Harb, et al. v. City, et al, KCSC Case No. S- 1500 -CV- 265887 SPC. C. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9. (two matters). 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING -5:15 p.m. 1. ROLL CALL 2. INVOCATION by Minister Sean Battle, St. John Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Lauren Burton, 1 st grade student at Independence Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Sheryl Graab recognizing her contributions to the community as a member of Keep Bakersfield Beautiful. b. Presentation of the Distinguished Budget Presentation Award from the Government Finance Officers Association for the City's annual budget for the Fiscal Year beginning July 1, 2012. 5. PUBLIC STATEMENTS 6. WORKSHOPS APPOINTMENTS a. Two appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Member Stephen Montgomery (Ward 2), and Alternate Member Amber Beeson (Ward 2), whose term expired November, 2012. Staff recommends Council determination. b. Appointments to City Council Committees and other special Committees and Boards by Vice Mayor for 2013 -2014. To be determined by Vice -Mayor and ratified by Council. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 11, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from November 30, 2012 to December 26, 2012 in the amount of $26,546,841.24 and self- insurance payments from November 30, 2012 to December 26, 2012 in the amount of $721,135.69 totaling $27,267,976.93. Ordinances: C. First Reading of Ordinance amending Section 13.12.030 relating to Development Improvement Standards and Specifications (regarding bicycle and pedestrian facilities). Resolutions: d. 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 when secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. (Ward 2,3) e. Resolution approving the Application for Grant Funds for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code and authorizing the Public Works Director or Designee to execute all necessary documents for the following projects: 1. Landscape existing medians - Chester Avenue from West Columbus Street to 1300 feet North of West Columbus Street, 2. Landscape existing medians - Truxtun Avenue from Truxtun Plaza West to Mohawk Street. (Ward 1) f. Resolution adding territory, Area 5 -65 (700 Planz 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. 2 City Council Meeting of 1/9/2013 8. CONSENT CALENDAR continued (Word 1,2,3,7) g. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI # 1732 to add Area 1 -92 (4621 Burr Street) 2. ROI # 1733 to add Area 4 -109 (2830 Eye Street) 3. ROI # 1734 to add Area 4 -110 (1228 K Street) 4. ROI # 1735 to add Area 5 -66 (1400 So. Mt. Vernon Avenue) 5. ROI # 1736 to add Area 5 -67 (1800 White Lane) 6. ROI # 1737 to add Area 4 -111 (230 Golden State Avenue) Agreements: (Word 4) h. Final Map and Improvement Agreement with Castle and Cooke California, Inc., for Tract 6250 Phase 16 located north of Stockdale Highway and west of Jewetta Avenue. (Ward 1) i. Amendment No. 2 to Ground Lease Agreement No. 07 -063 with Robert Moore assigning Hangar Space B6 at the Municipal Airport to Jack B. Rogers. (Word 2,4) j. Amendment No. 1 to Agreement No. 12 -095 with Mark Thomas and Company, Inc. (no change in compensation), for engineering design services for the Rosedale Highway Widening Project. (TRIP) (Ward 6) k. Amendment No. 1 to Agreement No. 12 -052 (PW12 -004 - No. 2) with Advanced Combustion and Process Controls, Inc. ($1,974.10; revised not to exceed $66,986.25), for repair of cogeneration system at Wastewater Treatment Plant No. 3. Bids: Reject bids for three replacement mechanical rear broom street sweepers for use by the Public Works Department, Streets Division. M. Accept bid with Bear Cat Manufacturing ($83,291) for two replacement crack sealing machines for use by the Public Works Department, Streets Division. (Ward 2) n. Accept bid with Computer Configuration Services ($148,225.30) for iSeries Sungard server replacements for replacements for the information Technology Division. (Word5) o. Accept bid and approve contract with Pacific Coast Excavation, Inc. ($60,981), for demolition of sewer lift station at Northwest corner of Gosford & McCutchen Roads. (Ward 2) P. Accept bid and approve contract with Bowman Asphalt, Inc. ($146,146), to construct South Mill Creek Park and Parking Project. q, Accept bid from Jim Burke Ford ($57,159.53) for one additional service truck for use by the Public Works Department, Wastewater Division. 1. Appropriate and transfer $9,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating budget within the Equipment Management Fund for the purchase of one additional service truck. 3 City Council Meetina of 1/9/2013 8. CONSENT CALENDAR continued (Ward 2) r. Parkway Improvements for Stockdale Highway from North McDonald Way to North Stine Road: Accept bid and approve contract with Clean Cut Landscape ($238,733) for construction of project. 2. Appropriate $40,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement budget. Miscellaneous: S. Appropriate $52,257 from First Five Kern grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A- Splash). Audit Reports for Fiscal Year ended June 30, 2012 (refer to Budget & Finance Committee): 1. Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. U. Revised job specifications for Building Maintainer II and Wastewater Manager. V. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. (Ward 3,6) W. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006. X. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. Y. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. Z. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. 4 City Council Meeting of 1/9/2013 8. CONSENT CALENDAR continued Successor Agency Business: aa. Receive and file successor agency payments from November 30, 2012 to December 26, 2012 in the amount of $1,753,458.69. Staff recommends adoption of Consent Calendar items 12a. through 12. ac. 9. CONSENT CALENDAR HEARINGS (Ward 3) a. Public hearing to consider Resolution authorizing the Housing Authority of Kern County to issue rental housing bonds (not to exceed $15 million) for the purchase and rehabilitation of approximately 160 units of multi - family rental housing at 7000 Auburn Street. Staff recommends adoption of Resolution. b. Public hearing to consider Resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. Staff recommends adoption of Resolution. C. County of Kern General Plan Amendment Nos. 6 & 7 - Kern River Plan Element Referral; Gene Surgener, property owner has applied to Kern County for a General Plan Amendment to the Kern River Plan Element on 8.59 acres located at the northeast corner of east Roberts Lane and Angus Lane. Resolution recommending that the Board of Supervisors approve an amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan, changing the land use designation on an 8.59 acre site from Map Codes 8.4 (Mineral Petroleum- Minimum 5 acre parcel size), 8.5 (Resource Management- Minimum 20 -acre parcel size), and 8.5/2.5 (Resource Management- Minimum 20 -acre parcel size /Flood Hazard) to 7.1 (Light Industrial on 7.88 acres and to 7.1/2.5 (Light Industrial /Flood Hazard) on 30,735 square feet. Staff recommends adoption of Resolution. 10. HEARINGS 11. NEW BUSINESS a. Options regarding Ward 1 City Council Vacancy, term expires November 2014. City Council determination. 12. REPORTS a. FY 2012/13 Budget Update. b. Thomas Roads Improvement Program (TRIP) Update. 13. DEFERRED BUSINESS 5 City Council Meeting of 1/9/2013 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 1/3/13 2:28am City Council Meeting of 1/9/2013 AGENDA HIGHLIGHTS January 9, 2013 COUNCIL MEETING REGULAR MEETING - 3:30 P.M. NOTE: Beginning with the January 9, 2013 agenda, the new starting time for City Council meetings, as approved on September 12, 2012, will commence. When there is a Closed Session on the agenda, a separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will encourage comments pertaining only to Closed Session matters . The Council will then recess Into Closed Session. Upon conclusion of the Closed Session, we will announce any Closed Session action and adjourn the meeting. At 5:15, the Regular Meeting will then be called to order to deal with the remainder of the agenda items. There will be a conference with the Labor Negotiator, and a conference with legal counsel regarding one matter of existing litigation and two matters regarding potential initiation. REGULAR MEETING - 5:15 p.m. Item 76. There will be two appointments to the Keep Bakersfield Beautiful Committee. Item 7b. Vice -Mayor Weir will present his recommendations for appointments to the City Council committees and other special committees and boards. Item St. Annual Audit Reports. Six audit reports, including the City's Comprehensive Annual Financial Report for Fiscal year ending June 30, 2012, will be provided to the City Council. The reports are recommended for referral to the Budget and Finance Committee. Items 8v. - SL Fiscal Year 2011/2012 Annual Compliance Reports. On December 11, 2012, several annual compliance reports were presented to the City Council and made available for public review. Included were the reports for: Park Impact Fees, Bridge Crossing and Major Thoroughfare Fees, Planned Drainage Area Fees, Planned Sewer Area Fees, and Transportation Impact Fees. This item requests acceptance of those reports by the City Council. Item IIa. Options regarding the Cify Council Vacancy in Ward One. The mid -term resignation of former Councilmember Rudy Salas left a vacancy in Ward One. The City Charter provides the Council with several different options to fill the vacancy, as follows: 1) A petition has been submitted on behalf of the Ward One residents, and if the County Elections Office verifies that it has a minimum of 1,220 valid signatures, the City Council must call a special election. 2) If the petition is determined to be insufficient, the Council may still call a special election. Under either scenario, the election would be held on June 4, 2013. 3) If a special election is called, the Council may also appoint an interim councilmember or leave the position open until the election is held. 4) If the petition is insufficient, the Council may also choose not to hold a special election, but to appoint an interim councilmember to fill the balance of the term, which will expire in November, 2014. Included with the Administrative Report are documents which outline the appointment process. Item 12a. Finance Director Smith and City Manager Tandy will provide a mid -year budget update. Item 12b. An update on the Thomas Roads Improvement Program will be provided by Public Works and TRIP staff. Approved: , . .... Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - January 9, 2013 Council Meeting Page 2 ,., M ADMINISTRATIVE REPORT MEETING DATE January 9, 2013 AGENDA SECTION: Closed Session ITEM: 3.0. — 3 . c, TO: FROM: DATE: SUBJECT: VG:dll /lsc Honorable Mayor and City Council Virginia Gennaro, City Attorney January 2, 2013 APPROVED DEPARTMENT HEAD VC-1 CITY ATTORNEY V6- CITY MANAGER /� 1. Conference with Labor Negotiator pursuant to Government Code section 54957.6. 2. Conference with Legal Counsel — Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (one case). Mohamad Harb, et al. v. City of Bakersfield, et al. KCSC Case No. S- 1500 -CV- 265887 SPC 3. Conference with Legal Counsel — Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (two matters). S: \COUNCIL \CI Sess\ Admins\ 12- 13\ 01- 09- 131aborneg.Potlit.Existlit.Docx MEETING DATE: January 9, 2013 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA�B r� DATE: December 21, 2012 CITY ATTORNEY p� CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to Sheryl Graab recognizing her contributions to the community as a member of Keep Bakersfield Beautiful. RECOMMENDATION: BACKGROUND: krt MEETING DATE: January 9, 2013 AGENDA SECTION: Appointments ITEM: 1, a TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DATE: December 26, 2012 DEPARTMENT HEAD T CITY ATTORNEY Va- CITY MANAGER /S SUBJECT: Two appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Member Stephen Montgomery (Ward 2), and Alternate Member Amber Beeson (Ward 2), whose terms expired November, 2012. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two vacancies on the Keep Bakersfield Beautiful Committee (KBBC) due to the expiration of terms of Regular Member Stephen Montgomery (Ward 2), and Alternate Member Amber Beeson (Ward 2), whose terms expired November, 2012. At the Council meeting of December 11, 2012, Councilmember Maxwell requested deferral of these appointments to the January 9, 2013 Council meeting. Applications for appointment were received from the following: Ward 2 - Regular Member Ward 2 - Alternate • Stephen Montgomery Amber Beeson • Norma Jackson Jared Schwab • Jared Schwab Norma Jackson • Bruce Blythe • Bruce Blythe • Karen DeWalt • Karen DeWalt • Donna Webb Donna Webb The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor /Council - appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the Implementation of various programs and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC December 26, 2012, 12:43PM S: \Bds &Comm\KBBC\2013 \Ward 2\Administrative Report Ward 2.docx Page 1 RG:aI ADMINISTRATIVE REPORT will be the liaison between KBBC and the City Council, and shall provide the Council, upon request, written reports on the activities of the KBBC. The news release for this recruitment was posted on October 12, 2012 and December 12, 2012. December 26, 2012, 12:43PM S:\Bds &Comm \KBBC\2013 \Ward 2Wdministrative Report Ward 2.docx Page 2 RG:al MEETING DATE: January 9, 2013 AGENDA SECTION: Appointments ITEM: %, b. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: December 26, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Appointments to City Council Committees and other special Committees and Boards by Vice -Mayor for 2013 -2014. RECOMMENDATION: To be determined by Vice -Mayor and ratified by Council. BACKGROUND: Following a Council election, and in accordance with City Charter, Council shall elect one of its members to serve as Vice - Mayor. At the December 11, 2012 Council meeting, Counclimember Weir was elected Vice - Mayor. Accordingly, recommendations for appointments will be made for the following standing Council Committees and other committee and board appointments: Standina Committees: Budget and Finance Community Services Legislative and Litigation Personnel Water Resources Other Vice -Mayor Appolntments: Planning and Development Safe Neighborhoods and Community Relations' (members serve on Joint City - County Standing Committee to Combat Gang Violence) Kern Council of Governments San Joaquin Valley Air Pollution Control District Kern Economic Development Corp. City Selection Committee Planning Commission Liaison Local Agency Formation Commission Solid Waste Management Advisory Metro Bakersfield Animal Control Committee Committee rg SAC0uncftdmins\2013\V -M Appointments.dot 12/28/2013 11:20 em A ADMINISTRATIVE REPORT 1 MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: R a . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 26, 2012 APPROVED DEPARTMENT HEAD 19'7— CITY ATTORNEY CITY MANAGER Approval of Minutes of the December 11, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw A 4 � � I ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: 8 , b TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD. DATE: December 26, 2012 CITY ATTORNEY 1;�a'" CITY MANAGER SUBJECT: Receive and file department payments from November 30, 2012 to December 26, 2012 in the amount of $26,546,841.24, Self Insurance payments from November 30, 2012 to December 26, 2012 in the amount of $721,135.69, totaling $27,267,976.93 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: December 26, 2012, 12:50PM SAKim GIADMIN \COUNCIL - ADMIN- AP- 2013\ADMIN —AP 010913doc.doc MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar IT . G. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney December 7, 2012 APPROVED DEPARTMENT HEAD AA,,'' CITY ATTORNEY 1W CITY MANAGER First Reading of Ordinance Amending Section 13.12.030 Relating to Development Improvement Standards and Specifications. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendment. BACKGROUND: This amendment updates the list of current standard manuals used by the City to add the following standard manuals related to pedestrian and bicycle facilities: 1. Guide for the Planning, Design, and Operation of Pedestrian Facilities, AASHTO, 1st Edition; and 2. Guide for the Development of Bicycle Facilities, AASHTO, 4th Edition. AH:Isc S: \COUNCIL \Admins\ 12 -13 Admins \DevStandards &Specif.docx MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD -M/le-1/ DATE: December 12, 2012 CITY ATTORNEY �4� CITY MANAGER. S 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 December 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 Ward 1 APN 1. 924 Beryl Drive 022 - 162 -23 $ 2. 405 S. Bliss Street 169- 103 -09 $ 3. 731 S. Brown Street 019 - 121 -15 $ 4. 802 S. Brown Street 019- 142 -08 $ 5. 820 S. Brown Street 019 - 142 -04 $ 6. 302 Clyde Street 018- 360 -36 $ 7. 2030 Cottonwood Road 170- 260 -12 $ December 12, 2012, 1:28PM/kd SADariMADMINS\2013VANA -9- Property Abatement.docx COST 105.00 300.00 1,435.00 870.00 765.00 2,699.00 105.00 ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 8. 332 Dr. Martin Luther King Jr. Blvd. 018- 420 -01 $ 660.00 9. 1216 El Rancho Drive 011- 351 -23 $ 300.00 10. 1313 El Toro Drive 011- 431 -05 $ 300.00 11. 1113 El Sereno Drive 011- 422 -17 $ 300.00 12. 1903 Filson Street 172- 043 -13 $ 300.00 13. 1212 Gorrill Street 018 - 101 -28 $ 300.00 14. 3512 Hale Street 172- 052 -03 $ 739.00 15. 720 S. Haley Street 019- 111 -03 $ 300.00 16. 118 Hayes Street 018- 320 -06 $ 709.00 17. 209 S. Kincaid Street 168- 181 -05 $ 660.00 18. 3312 Madison Avenue 172- 121 -28 $ 1,985.00 19. 3316 Madison Avenue 172- 121 -27 $ 105.00 20. 23 Milham Drive 139- 432 -03 $ 300.00 21. 29 Milham Drive 139- 432 -05 $ 1,599.00 22. 917 P Street 009 - 162 -07 $ 670.00 23. 1201 Ralston Street 018-111-07 $ 698.00 24. 2109 Roland Street 170- 162 -14 $ 1,055.00 25. 3511 Shellmacher Avenue 172- 132 -03 $ 1,089.00 26. 521 Terrace Way 011- 230 -01 $ 979.00 27. 1231 Texas Street 018 - 320 -24 $ 300.00 28. 431 S. Williams Street 019 - 082 -12 $ 770.00 29. 604 S. Williams Street 019 - 091 -02 $ 709.00 30. 705 S. Williams Street 019 - 122 -06 $ 880.00 31. 718 S. Williams Street 019 - 121 -04 $ 699.00 32. 305 E. 10th Street 139- 121 -02 $ 300.00 33. 311 E. 10th Street 139 - 121 -03 $ 300.00 Ward 2 34. 1222 E. California Avenue 017- 370 -05 $ 635.00 35. 1730 Dracena Street 007 - 220 -14 $ 105.00 36. 307 E Street 008 - 301 -08 $ 750.00 37. 8 Flower Street 012- 052 -13 $ 105.00 38. 615 Jefferson Street 013 -090 -19 $ 1,415.00 39. 509 Kentucky Street 014- 330 -03 $ 105.00 40. 1106 Kentucky Street 015- 390 -15 $ 955.00 41. 3606 L Street 120- 140 -16 $ 825.00 42. 1118 Lake Street 015- 340 -12 $ 750.00 43. 516 Lincoln Street 013 - 100 -18 $ 1,762.00 44. 316 Monterey Street 014- 060 -16 $ 885.00 45. 1104 Niles Street 015- 180 -15 $ 300.00 46. 1201 Niles Street 015 - 240 -20 $ 679.00 December 12, 2012, 1:28PM /kd S:\ Dana\ADMINS\2013UAN\1 -9- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 2 47. 115 Olive Street 008- 062 -27 $ 1,450.00 48. 1206 Oregon Street 015- 100 -15 $ 1,119.00 49. 511 Quincy Street 013- 210 -03 $ 650.00 50. 1023 Robinson Street 015- 400 -17 $ 1,085.00 51. 115 18th Street 006 - 123 -21 $ 300.00 Ward 3 52. 3120 Apollo Street 146- 051 -06 $ 1,000.00 53. 3513 Bryn Mawr Drive 021- 210 -19 $ 300.00 54. 11107 Cart Court 533 - 061 -06 $ 824.00 55. 2400 Gill Avenue 383 - 122 -14 $ 105.00 56. 8009 Latham Court 132- 204 -14 $ 105.00 57. 8102 Morningstar Avenue 531 - 011 -06 $ 1,599.00 58. 9900 Paladino Drive 386 - 040 -20 $ 300.00 59. 3611 Redlands Drive 383 - 253 -10 $ 925.00 Ward 4 60. 13008 Jackson Lake Drive 529 - 182 -04 $ 300.00 61. 9208 Seabeck Avenue 451- 291 -27 $ 105.00 Ward 5 62. 3617 Alegre Court 394 - 052 -27 $ 300.00 63. 6007 Brooklyn Avenue 497 - 662 -12 $ 300.00 64. 9312 Coulter Court 392- 291 -42 $ 105.00 65. 8405 Hemlock Court 513- 221 -40 $ 300.00 66. 9313 Lanneau Court 392 - 291 -41 $ 105.00 67. 9404 Lanneau Court 392 - 291 -30 $ 105.00 68. 6901 Ming Avenue 380- 010 -13 $ 699.00 69. 8915 Tropicana Drive 497- 783 -05 $ 600.00 Ward 6 70. 3901 Cooney Way 441- 094 -01 $ 980.00 71. 3700 Kennedy Avenue 441 - 132 -04 $ 105.00 72. 5805 Seasons Valley Court 499 - 500 -33 $ 1,385.00 73. 5400 Summer Villa Drive 499 - 342 -18 $ 600.00 74. 5938 Taft Highway 532- 050 -12 $ 300.00 December 12, 2012, 1:28PMlkd S: \Dana\ADMINS\2013\JAN\1 -9- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 7 75. 5708 Camp Street 76. 1700 Lemay Avenue 77. 3201 Sierra Meadows Drive 78. 7400 Stine Road 79. 6812 Zelda Way APN COST 413- 043 -19 $ 800.00 023 - 112 -11 $ 300.00 514- 271 -05 $ 600.00 515 - 040 -01 $ 2,994.00 516 - 064 -04 $ 700.00 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 abovementioned 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. December 12, 2012, 1:28PWkd S:\Dana\ADMINS\2013VAN\1 -9- Property Abatement.docx OFyB.A S ADMINISTRATIVE REPORT �o MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 27, 2012 AP ROVED DEPARTMENT HEAD CITY ATTORNEY (� CITY MANAGER SUBJECT: Resolution approving the Application for Grant Funds for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code and authorizing the Public Works Director or Designee to execute all necessary documents for the following projects: (Wards 2 & 3) 1. Landscape Existing Medians - Chester Avenue from W. Columbus Street to 1300 feet north of W. Columbus Street. 2. Landscape Existing Medians - Truxtun Avenue from Truxtun Plaza West to Mohawk Street. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The Natural Resources Agency and the California Department of Transportation (Caltrans) jointly released the Guidelines and Application for the Environmental Enhancement and Mitigation Program (EEMP) for the 2012/13 grant cycle. This program, as provided by Streets and Highway Code Section 164.56, authorizes the allocation of up to $10 million each year for grants to mitigate the environmental impacts of modified or new public transportation facilities. Grants for individual projects are generally limited to $350,000. The Natural Resources Agency (Agency) prescribes procedures and criteria to evaluate grant proposals and then submits a list of proposals recommended for funding to the California Transportation Commission (CTC). The CTC annually awards reimbursement grants to fund proposals from the Agency's list. Caltrans then administers the grant agreement. Staff proposes to apply for these grant funds to landscape existing medians on Chester Avenue between W. Columbus Street to approximately 1300 feet north of W. Columbus Street. These improvements will provide environmental mitigation "above and beyond" California Environmental Quality Act (CEQA) mitigation requirements associated with the North Chester Avenue Bridge Reconstruction Project. Staff proposes to apply for these grant funds to landscape existing medians on Truxtun Avenue from Truxtun Plaza West to Mohawk Street. These improvements will provide environmental mitigation "above and beyond" CEQA mitigation requirements associated with the Westside Parkway Project. The attached Resolution authorizes staff to execute and submit the EEMP grant application and necessary agreements and documents required by the Natural Resources Agency. PW -TMA G: \GROUPDAT \ADMINRPT \2013 \01 -09 \EEMP Grant Application.docx A. ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 12, 2012 APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution to add territory, Area 5 -65 (700 Planz Road) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adopting the Resolution, BACKGROUND: On November 14, 2012, the Council adopted Resolution of Intention No. 1730 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 subdividers) /developer(s) to be recorded with the subdivision map. Ps G: \GROUPDAT \ADMINRPT \2013 \01 -09 \Res Estab admin - CMD 5- 65.docx A ADMINISTRATIVE REPORT c w MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 11, 2012 APPROVED DEPARTMENT HEADC CITY ATTORNEY CITY MANAGER SUBJECT: 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 # 1732 to add Area 1 -92 (4621 Burr Street) - Ward 3 2. ROI # 1733 to add Area 4 -109 (2830 Eye Street) - Ward 2 3. ROI # 1734 to add Area 4 -110 (1228 K Street) - Ward 2 4. ROI # 1735 to add Area 5 -66 (1400 So. Mt, Vernon Avenue) - Ward 1 5. ROI # 1736 to add Area 5 -67 (1800 White Lane) - Ward 7 6. ROI # 1737 to add Area 4 -111 (230 Golden State Avenue) - Ward 2 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 recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Ps G: \GROUPDAT \ADMINRPT \2013 \01- 09 \ROIestCMD 1-92 4-109 4-110 5-66.docx A ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: R. h, TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 10, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY_ CITY MANAGER Approval of Tract Map and Improvement Agreement Final Map and Improvement Agreement with Castle & Cooke California, Inc., a California corporation, for Tract 6250 Phase 16 located north of Stockdale Hwy. and west of Jewetta Ave. (Ward 4) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW, .. December 10, 2012, 1:24PM G:\ GROUPDAT \ADMINRPT\2013 \01- 09 \T6250 -16 Map and IM AGR.doc ADMINISTRATIVE REPORT LF MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 6, 2012 APP OVED DEPARTMENT HEAD CITY ATTORNEY D� CITY MANAGER IGJ SUBJECT: Amendment No. 2 to Ground Lease Agreement No. 07 -063 with Robert Moore assigning Hangar Space B6 at the Bakersfield Municipal Airport to Jack B. Rogers (Ward 1). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The ground lease agreement for Hangar Space B6 is currently with Robert Moore. Mr. Moore desires to assign his interest in the ground lease to Jack B. Rogers. The ground lease agreement allows for this assignment. The $200 processing fee has been paid. The assignment will transfer all terms of the ground lease to Jack B. Rogers including the monthly rent of $40. elp December 10, 2012, 10:57AM G: \GROUPDAT\ADMINRPT\ADMINFORM.doc � J ADMINISTRATIVE REPORT 0 MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: JR. ' up TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 20, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Amendment No. 1 to Agreement 12 -095 with Mark Thomas and Company, Inc., (no change in compensation) for Engineering Design Services for the Rosedale Highway Widening Project (TRIP) (Wards 2 and 4) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into Agreement 12 -095 on July 18, 2012 with Mark Thomas and Company, Inc. (consultant) to provide engineering design services for the Rosedale Highway Widening Project. Both the Agreement and the cost proposal submitted by the consultant are subject to a post -award audit performed by Caltrans Division of Audits and Investigation. The Agreement and cost proposal were sent to Caltrans on August 21, 2012. On November 30, 2012, a letter was received from Caltrans with their audit findings. The audit identified four clauses which must be added to the Agreement. These clauses deal with federal and state regulations that both the City and consultant already comply with; however, these regulations must be included in the Agreement's language. Consequently, an Amendment to the original Agreement is required in response to the audit findings. These provisions cause no change in scope or compensation to the original Agreement. There is no General Fund impact associated with the Agreement. Staff recommends approval of the Amendment. Tdw: G: \GROUPDAT\ADMINRPT\2013 \01 -09 \Mark Thomas Amendment 1- Admin.doc ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 11, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY Q' CITY MANAGER �W SUBJECT: Amendment No. 1 to Independent Contractor's Agreement No. 12 -052 [PW 12- 004(2)] with Advanced Combustion & Process Controls Incorporated ($1,974.10; for a revised total contract amount of $66,986.25) for repair of cogeneration system at Wastewater Treatment Plant No. 3 (Ward 6). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Agreement No. 12 -052 [PW 12- 004(2)] with Advanced Combustion & Process Controls Incorporated was approved by the City Council on April 18, 2012 with a not to exceed compensation clause of $65, 012.15. The compensation in the original agreement and amendment did not include funds to pay for shipping and sales tax on equipment fabricated and parts purchased to complete the cogen repair. This amendment increases the total compensation amount by $1,974.10 to pay for tax and shipping for this repair. Sufficient funds are budgeted to fund this agreement. PW: WW: rp G: \GROUPDAT \ADMINRPT\2013 \01 -09 \Amend Advanced Combustion 12- 052.docx MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: S. 1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director December 20, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Reject bids for three (3) replacement mechanical rear broom street sweepers for use by the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were .sent out for three (3) mechanical rear broom street sweepers. One (1) bid in the amount of $1,005,435.68 was received from Haaker Equipment Company. Staff reviewed the bid package and determined that it does not meet several requirements regarding warranties. Staff recommends rejecting all bids, re- evaluating the needs of the Streets Division and re- bidding at a later date. Purchasing Division/kb SAPURCHADMINWdmin 12- 13\Reject Bids - Mechanical Rear Broom Street Sweeper, 12- 13-42, January 9, 2013.docx December 21, 2012 11,111111111I/Ill.,.��� ' ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: $• TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 21, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER__ SUBJECT: Accept bid from Bear Cat Manufacturing in the amount of $83,291.00 for two (2) replacement crack sealing machines for use by the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over three hundred (300) heavy equipment suppliers. Four (4) bids were received in response to solicitation. Crack sealing machines are used by the Streets Division to patch asphalt pavement cracks. The operation of the machine begins with staff loading thirty -five lb. blocks of plastic material into a hopper, the product is then melted and distributed over the surface to be repaired. The bid specifications required a maximum 52" loading height from the ground for safety reasons to prevent back injuries. The low bid submitted by Crafco, Incorporated proposed a machine with a loading height of 56" which would require higher lifting by staff. The next lowest bid received from Bear Cat Manufacturing meets the minimum specifications including the maximum 52" loading height and is considered acceptable by staff. Staff recommends declaring the bid received from Crafco, Incorporated non - responsive based on the failure to meet the maximum loading height requirement. The four (4) bids received (including the non - responsive bid) are as follows: Crafco, Inc., Chandler, AZ Bear Cat Mfg., Wickenburg, AZ Dispensing Tech. Corp., Moorpark, CA Municipal Maint. Equip., Sacramento, CA Responsive BID AMOUNT Yes/No-Reason $82,678.40 No - over 52" loading height $83,291.00 Yes $92,807.44 Not fully evaluated $103,790.20 Not fully evaluated Funds are budgeted in the Equipment Management Fund for two (2) replacement crack sealing machines for the Streets Division. Purchasing Division/kb SAPURCHWDMINWdmin 12 -13 \Crack Sealing Machines, 12- 13 -36, January 9, 2013.docx December 21, 2012 MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 20, 2012 W j1. 0y W DEPARTMENT HEAD CITY ATTORNEY Q CITY MANAGER SUBJECT: Accept bid from Computer Configuration Services (CCS) in the amount of $148,225.30 for iSeries Sungard server replacements for the Information Technology Division. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over six hundred (600) suppliers for computer equipment. Two (2) bids were received in response to the solicitation. After bids were opened, the low bidder, CDW Government LLC realized they made a pricing error and have requested to withdraw their bid. Staff has reviewed their request and recommends allowing them to withdraw their bid. The iSeries systems will replace the City's computer hardware used to run the Sungard Municipal Automation System which includes all financial, inventory and land parcel management shared by all City departments. The current hardware is aging, cannot run the latest Operating Systems necessary to keep the software current and is approached storage space limitations. These new servers will allow the City to remain current and supportable with Sungard and will allow a replicated set of the entire City's Sungard data store to be maintained in case of a disaster in accordance with the business continuity plan. The two (2) bids, including the rescinded bid, are listed below. LIII14;3 CDW Government LLC Vernon Hills, IL Computer Configuration Services (CCS) Tustin, CA $94,282.62 (Bid rescinded) $148,225.30 Staff finds the bid submitted by Computer Configuration Services (CCS) to be acceptable. Purchasing Division /kb SAPURCHWDMINWdmin 12 -13 \iSeries Sungard Server Replacement, 12- 13 -35, January 9, 2013.docx 10/2/12 F + t ADMINISTRATIVE REPORT c ++., s IFO MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 17, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ SUBJECT: Accept bid and approve contract to Pacific Coast Excavation, Inc. ($60,981.00) for Demolition of Sewer Lift Station at Northwest Corner of Gosford & McCutchen Roads (Ward 5). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists of the demolition of the temporary sewer lift station at the northwest corner of Gosford and McCutchen Roads. The lift station became obsolete with the expansion of Wastewater Treatment Plant 3. The lift station will be demolished, the site will be backfilled, and the property /easement will be returned to the owner. Per City Council Resolution 122 -12, this project will not require the contractor to pay prevailing wages. The funding source for this project is Sewer Enterprise Funds. The Engineer's Estimate for this contract was $84,300. Sufficient funds are budgeted to award the contract. On December 4, 2012, eleven bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Pacific Coast Excavation, Inc. 316 N. Pine Street Santa Maria, CA 93458 in the amount of Lentz Construction, Inc. 2321 Perseus Court Bakersfield, CA 93308 (County) in the amount of Housley Demolition Co., Inc. 1804 N. Kelsey Street Visalia, CA 93291 in the amount of Soils Engineering Inc. 4400 Yeager Way Bakersfield, CA 93313 (City) in the amount of dp December 20, 2012, 10:33AM G: \GROUPDAT\ADMINRPT \2013 \01- 09\Award Project EOK206 Demolition of SS Lift Station.doc $82,416.00 $98,274.00 $99,845.00 A ADMINISTRATIVE REPORT U d L/ V. Lopez Jr. & Sons, Inc. 200 E. Fesler Street # 101 Santa Maria, CA 93454 in the amount of $107,578.00 American Incorporated 1345 North American Street Visalia, CA 93291 in the amount of $107,700.00 WM Lyles Co. 1210 W. Olive Avenue Fresno, CA 93728 in the amount of $122,500.00 Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno, CA 93725 in the amount of $145,000.00 Kern Pacific Construction 4001 Patton Way # 1 Bakersfield, CA 93308 (City) in the amount of $162,000.00 High Desert Contractors, Inc. 42353 8th Street East Lancaster, CA 93535 in the amount of $185,107.00 National Demolition Contractors 1536 W. 25th Street #248 San Pedro, CA 90732 in the amount of $241,519.00 dp December 20, 2012, 10:33AM G: \GROUPDAT\ADMINRPT \2013 \01- 09\Award Project EOK206 Demolition of SS Lift Station.doc F AR, S ADMINISTRATIVE REPORT IF MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 20, 2012 APPROVED DEPARTMENT HEAD X_ CITY ATTORNEY -t CITY MANAGER /W Accept bid and approve contract to Bowman Asphalt, Inc. ($146,146.00) to construct South Mill Creek Park and Parking Project (Ward 2). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: To complete the South Mill Creek Village project, a small park and parking lot north of California Avenue and west of R Street will be constructed. The work to be performed includes: installing a new decorative streetlight, irrigation system and landscaping including opening a walkway from the new park to the Mill Creek Linear Park, and constructing a small parking lot. Funding for this project is provided by Community Development Block Grant funds. There is no General Fund impact associated with this project. On December 4, 2012, a total of three bids were received; two of those bids where acceptable and one was considered "Non- Responsive ". Those acceptable bids are as follows: Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (County) in amount of Brown & Fowler Construction, Inc. 3008 Antonio Avenue Bakersfield, CA 93308 (County) in amount of PIC204 PW/Engr. WGM December 20, 2012, 1:42PM G:\GROUPDAT\ADMINRPT\ADMINFORM.doc G: \GROUPDATWDMINRPT \2013 \01 -09 \South Mill Creek Park And Parking Admin .Doc $146,146.00 $168,706.91 MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director December 20, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Super Duty (13,000 GVW) Service Truck for Wastewater V :. Accept bid from Jim Burke Ford, Bakersfield in the amount of $57,159.53 for one (1) additional service truck for use by the Public Works Department, Wastewater Division. (Citywide) 2. Appropriate and transfer $9,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating budget within the Equipment Management Fund for the purchase of one (1) additional service truck. RECOMMENDATION: Staff recommends acceptance of bid, and approval of appropriation and transfer of funds. BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for supplying service trucks. Five (5) bids were received in response to solicitation. This service truck is outfitted with a specialized service body designed for use by Wastewater personnel. The new unit will be issued to an additional Wastewater mechanic hired in 2011 for plant maintenance. Raceway Ford, Riverside is the lowest responsive bidder; Jim Burke Ford, Bakersfield is the next lowest responsive bidder and is eligible for the 3% local preference Council policy consideration. After applying the 3% preference, Jim Burke Ford becomes the lowest bidder. We currently have $50,000 budgeted in the Equipment Management Fund for the purchase of one (1) service truck with a sewer service body. The bid exceeds the amount budgeted due to substantial metal price increases since budget figures were submitted. Funds in the amount of $9,000 are available in the Sewer Enterprise Fund balance to cover the budget shortfall. The five (5) bids received are as follows: BIDDER Raceway Ford, Riverside Jim Burke Ford, Bakersfleld Purchasing Division/kb SAPURCH\ADMINVIdmin 11 -12 \13,000 3% LOCAL PREFERENCE BID AMOUNT ADJUSTED BID AMOUNT $56,196.05 N/A $57,159.53 $55,444.74 GVW Service Truck, Wastewater, 12- 13 -34, January 9, 2013.docx ADMINISTRATIVE REPORT Motor City, Bakersfield $57,402.79 N/A Three Way Chevrolet, Bakersfield $57,658.41 N/A Haddad Dodge, Bakersfield $61,396.30 N/A Staff finds the bid from Jim Burke Ford to be acceptable. Purchasing Division/kb SAPURCHWDMINWdmin 11 -12 \13,000 GVW Service Truck, Wastewater, 12- 13 -34, January 9, 2013.docx A oFycowon, RS ADMINISTRATIVE REPORT LI 0 MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 20, 2012 APPROVED DEPARTMENT HEAD 4Z CITY ATTORNEY V6- CITY MANAGER Parkway Improvements, Stockdale Highway from N. McDonald Way to N. Stine Road (Ward 2): 1. Accept bid and approve contract to Clean Cut Landscape ($238,733.00) for construction of project. 2. Appropriate $40,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract and appropriation. BACKGROUND: As part of the Stockdale Highway project to widen the street from two lanes to three lanes in each direction, the City constructed a sound wall from North McDonald Way to North Stine Road. This landscaping project will plant trees and shrubs in the parkway in front of the wall to enhance the beautification of Stockdale Highway. The funding source for this project consists of federal transportation funds with gas tax revenues providing the local match requirement. There is no General Fund impact associated with this project. The Engineer's Estimate for this construction contract was $189,000. The estimate was based on typical construction methods. However, based on discussions with the contractors during the bidding process, it was determined that more specialized methods will need to be utilized, given the project site condition. On October 30, 2012, a total of four bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Clean Cut Landscape 8406 N. Armstrong Clovis, CA 93619 in the amount of $238,733.00 Kern Pacific Construction 4001 Patton Way # 1 Bakersfield, CA 93308 (County) in the amount of $261,005.00 Brown & Fowler Construction 3008 Antonino Ave Bakersfield, CA 93308 (County) in the amount of $346,295.00 Griffith Company 1128 Carrier Parkway Ave. Bakersfield, CA 93308 (County) in the amount of $456,654.00 G: \GROUPDAT\ADMINRPT\2013 \01 -09 \Parkway Improvements Stockdale Hwy -Rev -2 .Doc BAKE[� �(00.POR�Ten`rS� ADMINISTRATIVE REPORT /A MU Ry 11 tLIFO MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD L DATE: December 10, 2012 SUBJECT: Appropriate $52,257 from Operating Budget within program (Make -A- Splash). RECOMMENDATION: Staff recommends appropriation. BACKGROUND: CITY ATTORNEY CITY MANAGER MANAGER First Five Kern grant revenues to the Recreation and Parks the General Fund to provide a water safety education On July 1, 2010, the Recreation and Parks Department was awarded a $175,000 grant from First 5 Kern to provide a lifesaving and water safety educational program (Make -A- Splash) for parents and their children, prenatal to age 5. The program's focus is to reduce the rate of childhood drowning in Bakersfield. Funding for Make -A- Splash will be distributed throughout a three -year period, Fiscal Year's 2010/11 through 2012/13. Staff recommends appropriating $52,257 to fund the third of the three - year period. jln January 2, 2013, 9:24AM C:\ Users \sforsyth \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE9ICG \Make A Splash FY 2013.docx MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 26, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Audit Reports to be Referred to Budget and Finance Committee: APPROVED 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2012. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2012. 3. Single Audit Report — Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2012. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2012. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2012. 6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2012. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the Annual Audit Report, for the fiscal year ended June 30, 2012 has been provided to the City Council as part of the packet for this meeting. A copy of the report will also be on file in the City Clerk's office for public review. The CAFR represents the City's financial statements as of June 30, 2012, which are audited by the accounting firm of Brown Armstrong Accountancy Corporation. The current year audit opinion issued by the outside auditors indicates that the City complied, in all material respects, with accounting principals generally accepted in the United States of America. 2. The Agreed Upon Conditions Report is designed to increase efficiency, internal controls and /or financial reporting. The current report has two reportable conditions, the first of which pertains to an unrecorded liability that was discovered during the audit testing. Though it was subsequently corrected, it has been recommended that improvements be made for identifying S:WdminlAdmin Reportst2012 CAFR refer to bud.doc December 26, 2012, 11:41AM year -end accruals. Staff has implemented additional procedures to ensure that payments are recorded in the correct period. The second condition identified pertains to internal controls related to take home vehicles. The auditors noted that some IRS requirements related to commuting rules could have been misapplied and that daily logs tracking business miles were not maintained. The City has reviewed its current take home vehicle policies and is working to improve controls and adherence to IRS regulations. The report also addresses one condition identified in the prior year which have all been resolved to the auditors' satisfaction. 3. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2012. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal control procedures and compliance with federal guidelines in accordance with Office of Management & Budget (OMB) Circular A -133. This annual audit was performed by Brown Armstrong Accountancy Corporation as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with federal program guidelines. 4. Contract requirements contained in City of Bakersfield Agreement 76 -153 as amended by Agreements 76- 153(5), 76- 153(4), 77 -44, 85 -197 and 92 -106 apply to operations of the Bakersfield Sub - regional Wastewater management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, is attached for your review and indicates that there were no audit findings. 5. Attached is a letter from the City's independent auditors Brown Armstrong Accountancy Corporation indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. 6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal year ended June 30, 2012. This audit report presents the financial statements for this operational unit as of June 30, 2012. The City is under contract with SMG to manage the Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an independent audit report to the City after the end of each fiscal year. This audit report was prepared by the accounting firm of Barbich, Longcrier, Hooper & King. S:1AdminlAdmin Reportst2012 CAFR refer to bud.doc December 26, 2012, 11:41 AM BA ��r S ADMINISTRATIVE REPORT to MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: g. U. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Christi Tenter, Human Resources Manager December 18, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY Vz Iq I Z �� CITY MANAGER Revised Job Specifications: Building Maintainer II (# 13100) Wastewater Manager ( #88690) RECOMMENDATION: Staff recommends approval of the revised job specifications. BACKGROUND: BUILDING MAINTAINER II As part of the recruitment process, the job specification for Building Maintainer II has been revised. The job specification had not been updated since 1989. Language was changed and /or added to update the essential job duties, distinguishing characteristics, minimum qualifications, certification and physical conditions or special working conditions to reflect the actual job duties. The job specification has also been put into a new format for readability. The Human Resources Office worked with the Public Works Department representative /s on this job specification for their review and revisions. SEIU has been advised of the proposed recommendations. There is no budgetary impact as the salary will remain the some. The revised job specification was presented and approved at the Miscellaneous Civil Service Board at the meeting of December 18, 2012. WASTEWATER MANAGER At the request of the Public Works Director, the job specification for Wastewater Manager has been revised. The job specification had not been updated since 2001. Language was changed and /or added to update the essential job duties, distinguishing characteristics, minimum qualifications, certification and physical conditions or special working conditions to reflect the actual job duties. The job specification has also been put into a new A O� �cov0 S U t7 NO ADMINISTRATIVE REPORT format for readability. The Wastewater Manager position is in the management unit approval. There is no budgetary impact as the salary will remain specification was presented and approved at the Miscellaneou s meeting of December 18, 2012. (mm) and does not require SEIU the same. The revised job Civil Service Board at the O�BAKE n `+CORPORI RSc� ADMINISTRATIVE REPORT cq�IFO MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: 8. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation & Parks DATE: December 10, 2012 APPROVED DEPARTMENT HEAD 4t CITY ATTORNEY CITY MANAGER SUBJECT: Review and acceptance of the Fiscal Year 2011 -2012 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code § 66006. On November 7, 1990, Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, Council established an orderly process for the dedication, reservation and acquisition of park land within the city for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. The Annual Compliance Report was made available to the public on December 11, 2012. jln C:\ Users \sforsyth \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content .0utlook \NKSE9ICG \AB 1600 - acceptance.doc A ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 18, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER tS Review and acceptance of the Fiscal Year 2011 -2012 Annual Compliance Report for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. (Wards 3 & 6) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Bridge Crossing and Major Thoroughfare Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. A local ordinance may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares (GC §66484). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report was made available to the public on December 11, 2012. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. ps G: \GROUPDAT \ADMINRPT \2013 \01 -09 \META Compliance Report admin.docx MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: 8 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 18, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Review and acceptance of the Fiscal Year 2011 -2012 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report was made available to the public on December 11, 2012. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. ps G: \GROUPDAT \ADMINRPT \2013 \01- 09 \PDA Compliance Report admin.docx P A4 ADMINISTRATIVE REPORT MEETING DATE: January 9, 20123 AGENDA SECTION: Consent Calendar ITEM: g, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 18, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Review and acceptance of the Fiscal Year 2011 -2012 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report was made available to the public on December 11, 2012. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. ps G; \GROUPDAT \ADMINRPT \2013 \01- 09 \PSA Compliance Report admin.docx A ADMINISTRATIVE REPORT c MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar ITEM: 8, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD IM — DATE: December 18, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Review and acceptance of the Fiscal Year 2011 -2012 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. In April 1992, Council adopted a transportation impact fee program to fund improvements to the Metropolitan Bakersfield transportation system necessary to accommodate future growth. In January 1997, Council adopted Phase II of this program, which was designed to fund more projects and eliminate the need for developers to provide transportation impact studies for most projects. In September 2003, Council adopted Phase III of this program with the intent of updating the program and encouraging in -fill development by creating a Core and Non -Core area within the Metropolitan Bakersfield General Plan limits including individual fee structures for the respective areas. In July 2009, Council approved Phase IV of this program which adopted a regional program and projects development through 2035. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report was made available to the public on December 11, 2012. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. ps G: \GROUPDAT \ADMINRPT \2013 \01- 09 \TIF Compliance Report admin.docx MEETING DATE: January 9, 2013 AGENDA SECTION: Successor Agency ITEM: 8. aq . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: December 26, 2012 CITY ATTORNEY V CITY MANAGER SUBJECT: Receive and file successor agency payments from November 30, 2012 to December 26, 2012 in the amount of $1,753,458.69 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 01- 09- 13.doc 1 BA OF �GORPOR „� Rs, ADMINISTRATIVE REPORT gLIFO MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar Hearing ITEM: a ,Gt , TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: December 13, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing to consider resolution authorizing the Housing Authority of the County of Kern to issue rental housing bonds (not to exceed $15 million) for the purchase and rehabilitation of approximately 160 units of multi - family rental housing at 7000 Auburn Street. (Ward 3) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The Housing Authority of the County of Kern is seeking tax - exempt financing authority for approximately $15 million to purchase and rehabilitate a 160 -unit affordable multi - family housing project. This housing project called Auburn Heights is located at 7000 Auburn Street. The project currently consists of two, three, and four bedroom units and upon rehabilitation, will provide family housing to households earning 60% area median income (AMI) or less. The total project cost is approximately $17.9 million. The proposed bonding authority will allow the Housing Authority to issue the tax - exempt rental housing revenue bonds to help in the financing of their project and they will be responsible for the repayment of the bonds. None of the City's funds will be pledged for the repayment of these bonds. Although this is not a City of Bakersfield project, pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989, the City must publish a public notice and conduct a hearing to receive input from the public on the proposed issuance of these bonds. The public notice was published on December 10, 2012. S:\Dana\HDMINS\2013UAN \1 -9 -7000 Auburn St TEFRA Hearing for HACK.doc 12/13/2012 4:06 PM MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar - Hearing ITEM: 61-6. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD21& DATE: December 10, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing to consider resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. (All Wards) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This report constitutes the annual review and update of the Capital Improvement Plan (CIP) for the existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with California Government Code Section 66002. The MBHCP is a joint- administered plan by both the City and the County of Kern. The City Council initially approved the MBHCP on August 25, 1993. Following final approval by the California Department of Fish and Game and the U.S. Fish & Wildlife Service, the MBHCP became operational in August 1994. The plan and related permits terminate on August 24, 2014. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means for individuals and developers in the metropolitan Bakersfield area to avoid costly project - specific mitigation in complying with State and Federal Endangered Species Acts. The plan describes the estimated costs of the program and indicates the extent and types of facilities (land) to be acquired with the funding source. It also serves as the CIP for the MBHCP. The program is self - supporting and requires no support funds from the City or County. Developers currently pay a $2,145 per acre mitigation fee at grading plan approval to compensate for direct and indirect impacts on endangered species habitat from urban development. These funds are used to purchase and manage habitat lands consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. This fee also covers program administration, endowments for fencing, and maintenance that are tied to the automatic cost -of- living increases by the State. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City and Kern County. The MBHCP Implementation Trust Group is ADMINISTRATIVE REPORT Page 2 comprised of representatives from both the City and County, advisory members from the California Department of Fish and Game and the U.S. Fish and Wildlife Service, and includes an at -large public member. The CIP, under the Trust Group's administration, has operated successfully in meeting the program's obligations under the terms of the agreement with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Over 21,570 acres of endangered species habitat land have been credited to implementation of the MBHCP. The program has acted to acquire approximately 415 acres of habitat mitigation land in 2012 and the total acreage acquired currently meets the 1:1 ratio requirement that for every one acre of development on open land, one acre of habitat land must be acquired. This places the program ahead of the "take" as required by Federal and State law, and the agreement. Therefore, no changes to the CIP are recommended and this update is a confirmation of the present plan. Staff will continue to monitor the adequacy of the CIP to ensure that the program meets its legal obligations. Staff has determined that the annual update of the MBHCP CIP is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. Staff recommends adoption of the resolution updating the CIP for the MBHCP. cg\ S: \HCP \cap impry \2013 \Adm rept- hcpcip.doc MEETING DATE: January 9, 2013 AGENDA SECTION: Consent Calendar Hearing ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: December 13, 2012 CITY ATTORNEY_ PLA_ CITY MANAGER & SUBJECT: Kern River Plan Element Referral County of Kern General Plan Amendment Nos. 6 & 7 Gene Surgener, the property owner, has applied to Kern County for a General Plan Amendment to the Kern River Plan Element on 8.59 acres located at the northeast corner of East Roberts Lane and Angus Lane. 1. Resolution recommending that the Kern County Board of Supervisors approve an amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan changing the land use designation on an 8.59 acre site from Map Codes 8.4 (Mineral Petroleum- Minimum 5 -acre parcel size), 8.5 (Resource Management- Minimum 20 -acre parcel size), and 8.5/2.5 (Resource Management- Minimum 20 -acre parcel size /Flood Hazard) to 7.1 (Light Industrial) on 7.88 acres and to 7.1/2.5 (Light Industrial /Flood Hazard) on 30,735 square feet. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The subject property is within the unincorporated jurisdiction of Kern County encompassing 8.59 acres. With the exception of a 3,021- square foot portion at the south end of the site zoned Agriculture, the property is currently zoned Light Industrial. The purpose of the property owner's application with the County is to amend the Kern River Plan Element of the Metropolitan Bakersfield General Plan to make the land use designations consistent with the existing zoning so that a subsequent lot line adjustment can be processed. The general plan designations would change from Mineral Petroleum and Resource Management to Light Industrial consistent with the existing zoning. The request also includes a zone change from Agriculture to Light Industrial on the 3,021- square foot portion noted above. The Kern River Plan Element has been jointly adopted by both the City and County. Therefore, the Plan requires that the jurisdiction proposing any amendment to it must obtain a recommendation from the other jurisdiction. Regarding the City's consideration of the proposal, the Plan states: ADMINISTRATIVE REPORT Page 2 "if application is made for amendment of the plan within an area of County jurisdiction, the notice of the proposed amendment shall promptly first be given to the City Council who shall promptly conduct a public hearing and make a recommendation on the proposal to the Board of Supervisors. The City recommendation shall be considered by the Board of Supervisors when they conduct the hearing on the proposal." County staff has determined that there will be no adverse effect on the environment as a result of the project, therefore the project is exempt from CEQA by General Rule, Section 15061 (b) (3) of the CEQA Guidelines. This project is expected to be heard by the Kern County Planning Commission on January 24, 2013 and by the Board of Supervisors on March 19, 2013. Staff has reviewed the request and finds that the proposal is consistent with the intent of the Kern River Plan Element of the General Plan, and that light industrial development of the property would be compatible with area uses. Surrounding properties consist of undeveloped industrial property to the north, undeveloped natural resource property to the east, an equestrian facility to the south, and across Roberts Lane to the west are industrial and residential developments, including a senior center and a fire station. DI\ S: \Kern River \Kern River Plan Amendment \KernRiverElement 1- 9- 13 \Admin Report.doc I,,,,I,IIIII.IIIII�//f i ,r ADMINISTRATIVE REPORT MEETING DATE: January 9, 2013 AGENDA SECTION: New Business ITEM: it Q, TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEADgfruelf____ DATE: January 4, 2013 CITY ATTORNEY /(7--- CITY MANAGER ,PS SUBJECT: Options regarding Ward 1 City Council Vacancy, term expires November 2014. RECOMMENDATION: City Council determination. BACKGROUND: Former Councilmember Rudy Salas, Ward 1, was elected to the 32nd State Assembly November 6, 2012. He resigned his office mid-term, effective December 2, 2012. Bakersfield City Charter Section 16 prescribes the manner in which the vacancy shall be filled. The options are as follows: 1) The citizens of Ward 1 submitted a petition containing 2,120 signatures to fill the remainder of the unexpired term. The requisite number of valid signatures needed to call an election is 1,220. The Kern County Elections Department reviewed 100% of the signatures submitted and determined that 577 of the 2,120 signatures were valid. However, an additional 1,145 signatures were determined to be invalid only as the result of a technical error, because someone other than the signers had completed the residence information on their behalf. While the petition, technically, did not produce the required number of valid signatures, it is a strong indication that the intention of the voters in Ward 1 is to have a special election. Attachment "A" to this Administrative Report is correspondence from the Kern County Elections Department, dated January 4, 2013, which includes the results of the signature verification from the petition. 2) Even though the Kern County Elections Department has determined that the number of signatures on the petition is insufficient, the City Council may still call a special election for June 4, 2013. Attachment "B" to this Administrative Report is a resolution calling a special election to fill the vacant Council seat. Should a special election be called pursuant to Option 2, as referenced above, the election would be held on June 4, 2013. The Kern County Elections Department has estimated the cost to be approximately $100,000. 3) If an election is called by Option 2 noted above, the Council may: a) Appoint an Interim Councilmember until the election results are certified; or b) Leave the position open until an election is held. • \,`,,,11111111111ff/%riiiirri \� 1:, •, '"' ADMINISTRATIVE REPORT ,,,111111 4) Should the City Council choose not to call a Special Election, Council may appoint an Interim Councilmember to fill the balance of the term, which expires November 2014. Attachment "C" to this Administrative Report is Resolution 88-00 which provides a sample process that may be utilized for an interim appointment. With this resolution are sample exhibits which include a copy of the Application for Appointment form, a sample Press Release, and a Resolution outlining a voting process which may be used. Rg S:Elections/admin rpts/2013/special election Ward 1 1/4/13 A ADMINISTRATIVE REPORT 10 MEETING DATE: January 9, 2013 AGENDA SECTION: Reports ITEM: 12 TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: December 28, 2012 SUBJECT: FY 2012/13 Budget Update APPROVED DEPARTMENT HEAD CITY ATTORNEY -.-- CITY MANAGER x/ RECOMMENDATION: BACKGROUND: City Manager Alan Tandy and Finance Director Nelson Smith will provide a mid -year status report on the FY 2012/13 budget. December 28, 2012, 3:09PM P:W dminReports &Related\Adm- 2012\Admin - BudgetUpdate- 122812.doc A ADMINISTRATIVE REPORT 0 MEETING DATE: January 9, 2013 AGENDA SECTION: Reports ITEM: 12 . b TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: December 28, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Thomas Roads Improvement Program (TRIP) Update (Various Wards) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Staff will provide a brief update on TRIP. Tdw: G: \GROUPDAT \ADMINRPT \2013 \01 -09 \TRIP Update Admin.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 11, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Benham, Weir, Hanson, Sullivan, Johnson Absent: None. 2. INSTALLATION CEREMONY Invocation by Tour6 Tyler, Sr. Pastor, Cross Christian Church. Presentation of Colors by Boy Scout Troop 47, Southern Sierra Council, Boy Scouts of America. Pledge of Allegiance by Lyle Drake, Boy Scout Troop 47 and Centennial High School. a. Resolution No. 133 -12 declaring the results of RES 133 -12 the General Municipal Election for election of Councilmember for Wards 2, 5 and 6 and the Special Municipal Election for the election of Councilmember for Ward 4, held in the City of Bakersfield on November 6, 2012. Motion by Vice -Mayor Couch to adopt the APPROVED Resolution. Presentation by Mayor Hall of Recognition plaques and keys to the City to Councilmember Benham and Vice -Mayor Couch. Councilmember Benham and Vice -Mayor Couch accepted the plaques and keys to the City, and made comments. Councilmembers Weir, Johnson, Hanson, and Sullivan made comments. Bakersfield, California, December 11, 2012 — Page 2 2. INSTALLATION CEREMONY continued ACTION TAKEN b. Administration of Oath of Office. City Clerk Gafford administered the Oath of Office to Terry Maxwell, Harold Hanson, Bob Smith, and Jacquie Sullivan. Statements were made by Councilmembers Maxwell and Smith. Benediction by Toure Tyler, Sr. Pastor, Cross Christian Church. Mayor Hall invited everyone to enjoy refreshments in the lobby, and recessed to the Reception at 5:49 p.m. RECONVENED MEETING AT 6:13 p.m. 3. ROLL CALL Present: Mayor Hall, Councilmembers Maxwell, Weir, Smith, Hanson, Sullivan, Johnson Absent: None. 4. PUBLIC STATEMENTS a. The following individuals spoke regarding the California High Speed Rail Project: Horace Mitchell, President, California State University, Bakersfield, provided information about the University's current and potential future roles regarding the High Speed Rail project; Dave Cross recommended the City Council make a request to the High Speed Rail Authority supporting an all- inclusive union and nonunion project labor agreement and subcontractor agreement, and submitted written material; and Marvin Dean recommended setting up a Bakersfield /Kern County Work Consortium Committee comprised of various entities to work toward getting local workers ready for the construction jobs, and submitted written material. b. Marvin Dean spoke regarding having a special election to fill the Ward 1 vacancy; advised that the residents of the Ward will be circulating a petition to hold a special election; and submitted written material. Bakersfield, California, December 11, 2012 — Page 3 4. PUBLIC STATEMENTS continued ACTION TAKEN C. The following individuals spoke regarding emergency air alerts, provided a PowerPoint presentation, and submitted written material: Laura Baker, with the Center on Race, Poverty and the Environment; Byanka Santoyo, with Community for a Better Arvin; Valerie Gorospe; and Emily Gorospe. d. Nicole Ramirez spoke regarding her concerns with the lack of special needs adaptive equipment in City parks. Councilmember Johnson asked that this matter be referred to the Community Services Committee for discussion to determine where there might be potential gaps and ways to fill in some of those gaps. e. Ryan Nance asked the City Council to repeal the previously adopted resolution and bring back prevailing wage. Tony Amarante asked the City Council to fill the Ward 1 vacancy without spending $100,000 on a special election. g. The following individuals spoke in support of a Human Life Ordinance: Fred Fies, pastor of McKee Road Baptist Church in Greenfield; Sam and Otilla Curiel, pastors of Houses of Light Church; Pastor Troy Morris, from the New Beginnings Christian Church; Pastor Rick Dorr, from Stallion Springs Church; Andy Prince, Lead Pastor at Grace Baptist Church; and Debra Moore. 5. WORKSHOPS None. Bakersfield, California, December 11, 2012 - Page 4 6. APPOINTMENTS a. One appointment to the Fire Civil Service Board, due to the expiration of term of Mike George, whose term expires December 31, 2012. City Clerk Gafford announced there are two applicants: incumbent Mike George and Ronald Wolfe (ballots were used). Ward 2 George Ward 3 George Ward 4 George Ward 5 George Ward 6 George Ward 7 George ACTION TAKEN Motion by Councilmember Hanson to reappoint APPROVED Mike George to a 3 -year term on the fire Civil Service Board. b. One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Daniel Wiliams, whose term expires December 31, 2012. City Clerk Gafford announced there are two applicants: incumbent Daniel Williams and Ronald Wolfe (ballots were used). Ward 2 Williams Ward 3 Williams Ward 4 Williams Ward 5 Williams Ward 6 Williams Ward 7 Williams Motion by Counclimember Hanson to reappoint APPROVED Daniel Williams to a 3 -year term on the Miscellaneous Civil Service Board. 6. Bakersfield, California, December 11, 2012 - Page 5 APPOINTMENTS continued ACTION TAKEN C. One appointment to the Police Civil Service Board, due to the expiration of term of Steven Anderson, whose term expires December 31, 2012. City Clerk Gafford announced there are three applicants: incumbent Steven Anderson, Anthony Noce, and Ronald Wolfe (ballots were used). Ward 2 Anderson Ward 3 Anderson Ward 4 Anderson Ward 5 Anderson Ward 6 Anderson Ward 7 Anderson Motion by Councilmember Hanson to reappoint APPROVED Steven Anderson to a 3 -year term on the Police Civil Service Board. d. One appointment to the Golden Empire Transit District Board, due to the expiration of term of Howard Silver, whose term expires January 6, 2013. City Clerk Gafford announced there are three applicants: incumbent Howard Silver, Brandy Midkiff, and Ronald Wolfe (ballots were used). Ward 2 Silver Ward 3 Silver Ward 4 Silver Ward 5 Silver Ward 6 Silver Ward 7 Silver Motion by Councilmember Hanson to reappoint APPROVED Howard Silver to a 4 -year term on the Golden Empire Transit District Board. Bakersfield, California, December 11, 2012 - Page 6 6. APPOINTMENTS continued ACTION TAKEN e. Six appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Members Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Robert Lerude (Ward 6); and Alternate Members Amber Beeson (Ward 2), Patrick Frase (Ward 5) and Sophia Ramirez (Ward 6), whose terms expire November, 2012. Applications were received from the following: WARD 2 - REGULAR MEMBER Stephen Montgomery Norma Jackson Jared Schwab WARD 2 - ALTERNATE Norma Jackson Jared Schwab WARD 5 - REGULAR MEMBER David Taylor Anne Holdren Jared Schwab Jeremy Tobias WARD 5 - ALTERNATE Patrick Frase Anne Holdren Jared Schwab WARD 6 - REGULAR MEMBER Robert Lerude Jared Schwab WARD 6 - ALTERNATE Sophia Ramirez Jared Schwab Councilmember Maxwell asked to extend and defer the Ward 2 nomination to the next meeting. Councilmember Hanson nominated David Taylor, as the Regular Member, and Patrick Frase, as the Alternate, representing Ward 5, to a 4 -year term on the Keep Bakersfield Beautiful Committee. Bakersfield, California, December 11, 2012 - Page 7 6. APPOINTMENTS continued ACTION TAKEN Item 6.e. continued Councilmember Sullivan nominated Robert Lerude, as the Regular Member, and Sophia Ramirez, as the Alternate, representing Ward 6, to a 4 -year term on the Keep Bakersfield Beautiful Committee. Motion by Councilmember Hanson to appoint APPROVED David Taylor, as the Regular Member, and Patrick Frase, as the Alternate, representing Ward 5, Robert Lerude, as the Regular Member, and Sophia Ramirez, as the Alternate, representing Ward 6, to a 4 -year term on the Keep Bakersfield Beautiful Committee; and defer the Ward 2 appointment until the next Council meeting on January 9, 2013. 7. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 28, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from November 14, 2012 to November 29, 2012 in the amount of $15,282,067.39 and self- insurance payments from November 14, 2012 to November 29, 2012 in the amount of $339,122.21 totaling $15,621,189.60. Ordinances: C. Adoption of Ordinance approving a Negative ORD 4716 Declaration and amending Title 17 of the ABS SMITH Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on approximately 10.26 acres, located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Highway. (ZC # 12 -0244, McIntosh & Associates, representing Amber Investments, LLC, property owner). (FR 11/14/12) Bakersfield, California, December 11, 2012 — Page 8 7. CONSENT CALENDAR continued Resolutions: d. Resolution adopting the Investment Policy of the City. 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 waste matter and authorizing collection of the assessments by the Kern County Tax Collector. f. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 636 consisting of four developed parcels, located along the north side of Taft Highway, west of Stine Road. g. Resolution making findings and determination regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. h. Emergency Resolution for replacement of Boiler at Rabobank Arena Theater and Convention Center: Resolution dispensing with normal bidding procedures due to need for emergency replacement of boiler serving large commercial dishwasher, not to exceed $54,000. 2. Appropriate $54,000 Facility Reserve Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. ACTION TAKEN RES 134 -12 RES 135 -12 RES 136 -12 RES 137 -12 RES 138 -12 Bakersfield, California, December 11, 2012 - Page 9 7. CONSENT CALENDAR continued Homeland Security Grants on behalf of the Kern Operational Area: Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub - granted through the State of California to the County of Kern and through the County of Kern to the City. 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment. 3. Appropriate $125,000 FY2012 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. j. Consolidated Annual Maintenance of IBM Servers and Storage Area Network: Resolution determining that Consolidated IBM maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $49,156. 2. Agreement with Computer Configuration Services (not to exceed $49,156) to Consolidate IBM maintenance. Agreements: k. Agreement with Kern High School District (not to exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. ACTION TAKEN RES 139 -12 AGR 12 -158 RES 140 -12 AGR 12 -159 AGR 12 -160 VA Bakersfield, California, December 11, 2012 — Page 10 CONSENT CALENDAR continued ACTION TAKEN Emergency Solutions Grant (ESG) Rapid Re- Housing Program Services: 1. Agreement with Bethany AGR 12 -161 Services /Bakersfield Homeless Center, a California Non - Profit Public Benefit Corporation ($158,345) to provide services. 2. Appropriate $72,942 ESG funds to Community Development Operating budget within the Community Development Block Grant (CDBG) Fund. M. Reimbursement Agreement with Southern AGR 12 -162 California Gas Company ($55,000) for the ASS JOHNSON installation of a 12 -inch casing for a gas distribution line within the Renfro Road Bridge as part of the Westside Parkway Phase 6C Project. (TRIP) n. Agreement with Southern California Gas AGR 12 -163 Company (SCG) authorizing SCG to install ASS JOHNSON data collection units on street light poles for the Advanced Meter Program. o. Agreement with K Hovnanian at Bakersfield 463 AGR 12 -164 LLC, ($110,000) to purchase real property located near southwest corner of State Route 178 and Bedford Green Drive for the Morning Drive Interchange Project. (TRIP) P. Amendment No. 3 to Agreement No. 09 -162 AGR 09- 162(3) with Bakersfield Homeless Center ($169,744 and extend term for one year) for sorting of green waste material at the Mt. Vernon Green Waste Facility. q. Amendment No. 1 to Agreement No. 1 1 -162 AGR 11- 162(1) with Polydyne, Inc. ($120,000; revised not to exceed $581,904 and extend term for four months), for dewatering polymer at Wastewater Treatment Plant No. 3. r. Amendment No. 2 to Agreement No. 10 -176 AGR 10- 176(2) with Polydyne, Inc. (extends term one year), for the supply of DAF polymers. Bakersfield, California, December 11, 2012 - Page 11 7. CONSENT CALENDAR continued S. Contract Change Order No. 8 to Agreement No. 12 -069 with S. C. Anderson Inc. ($11,539; revised not to exceed $3,612,908.66), for the State Farm Sports Village Phase 2 Project. t. Westside Parkway Phase 2 Project: (TRIP) Contract Change Order No. 64 to Agreement No. 09 -076 with Security Paving Company, Inc. ($777,999.70; revised not to exceed $89,225,456.05; change order funded with traffic impact fees), for the construction of the Project. 2. Appropriate $700,000 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. Bids: U. Reject all bids for a Microwave Radio System. V. Accept bid with H. W. Hunter, Inc. ($47,674.40), for two replacement two wheel drive crew cab pickup trucks for the Fire Department. W. Accept bid with Jim Burke Ford ($222,335.78) for twelve replacement two wheel drive pickup trucks for the Recreation and Parks Department and Public Works, Wastewater and Engineering Divisions. X. Accept bid with Hussey Seating Company ($239,461.63) for 2,300 chairs and 46 storage racks for the Rabobank Arena, Theater and Convention Center. ACTION TAKEN AGR 12 -069 CC08 ASS SMITH AGR 09 -076 CC064 Bakersfield, California, December 11, 2012 — Page 12 7. CONSENT CALENDAR continued ACTION TAKEN Y. Westside Parkway Phase 6C Project: (TRIP) 1. Accept lower bid and award contract to AGR 12 -165 the responsible low bidder (apparent low bidder currently Security Paving, $29,982,222.42) for construction of the Project. 2. Appropriate $4,400,000 Fund balance within the Transportation Development TRIP Local Match Fund and $379,025 Fund balance within the Capital Outlay Utility Surcharge Roads Fund for the Westside Parkway Phase 6C Project. Miscellaneous: Z. Appropriate $100,000 Transportation ABS JOHNSON Development fund balance to the Public Works Department's Capital Improvement budget for preliminary design engineering services for the Mohawk Street Improvements Project from Rosedale Highway to Siena Lane. aa. Fiscal Year 2011-2012 Annual Compliance Report for park impact fees prepared in accordance with Government Code §66006. bb. Fiscal Year 2011-2012 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006. cc. Fiscal Year 2011-2012 Annual Compliance Report for planned sewer area fees prepared in accordance with Government Code §66006. dd. Fiscal Year 2011-2012 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared in accordance with Government Code §66006. ee. Fiscal Year 2011-2012 Annual Compliance Report for transportation impact fees prepared in accordance with Government Code §66006. ff. Request to reclassify Service Maintenance Worker Position to Canal Tender II Position in Water Resources Department. Bakersfield, California, December 11, 2012 — Page 13 7. CONSENT CALENDAR continued ACTION TAKEN gg. Transfer $15,000 from the Capital Outlay Fund and $155,000 from the Equipment Management Fund to the Police Department General Fund Operating budget, to cover the cost of the Animal Control Shelter Agreement with Kern County Animal Services. Successor Agency Business: hh. Receive and file successor agency payments from November 14, 2012 to November 29, 2012 in the amount of $62,835.61. Councilmember Johnson announced he would abstain due to appearance of a conflict of interest, on Items 7.m., 7.n., and 7.z. Councilmember Smith announced he would abstain due to conflict of interest, gifts to himself, on items 7.c. and 7.s. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar Items 7.a. through 7.hh. 8. CONSENT CALENDAR PUBLIC HEARINGS None. 9. HEARINGS a. Public hearing to consider the Resolution to use RES 141 -12 a portion of City property as a Public Street Right -of -Way for Hosking Avenue at the northeast corner of Hosking Avenue and Stine Road. Public Works Director Rojas made staff comments and recommended adoption of the Resolution. Hearing opened at 7:13 p.m. No one spoke in opposition to the staff recommendation. Marvin Dean spoke in support of the staff recommendation. Hearing closed at 7:14 p.m. Motion by Councilmember Johnson to adopt APPROVED the Resolution. Bakersfield, California, December 11, 2012 — Page 14 10. REPORTS ACTION TAKEN None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS a. Election of Vice - Mayor. Motion by Councilmember Hanson to elect APPROVED Councilmember Weir as Vice -Mayor for 2013 -2014. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Hanson recognized Tim Lynch, Deputy Chief with the Bakersfield Fire Department, and wished him well upon his retirement; wished Councilmember Sullivan Happy Birthday, which is tomorrow; and wished everyone Happy Hanukah, Merry Christmas and Happy New Year. Councilmember Smith thanked the City Council for welcoming him to the Council; and announced that the Bicycle Transportation Plan has a community meeting tomorrow night at the Convention Center from 6:00 to 8:00 p.m., and invited the community to attend. Vice -Mayor Weir congratulated newly - elected Councilmembers Maxwell and Smith tonight; and thanked all the Councilmembers for voting for him as Vice - Mayor. Vice -Mayor Weir asked staff to provide the Council with a narrative on the committees, their purpose, their history and responsibilities, and to Include some comments on the efficiency and the effectiveness of the utilization of staff time and other resources. Vice -Mayor Weir wished everybody a Merry Christmas and a Happy New Year. Bakersfield, California, December 11, 2012 — Page 15 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan congratulated Assistant Public Works Director Underwood and thanked him for 26 years of service to the City; acknowledged that tomorrow is her birthday and she had planned on jumping out of an airplane, but was advised it is unsafe at this time; expressed her concerns about the ongoing litter problem; thanked her family for their support through the years, welcomed the new Councilmembers, thanked staff and Mayor Hall; and wished everyone a wonderful Holiday season. Councilmember Maxwell asked that the Bakersfield College football team be recognized at a City Council meeting for their special accomplishment over the weekend, and bring in staff from the College and congratulate them. Councilmember Maxwell asked staff to look into the expense of putting large numbers on the vehicles that the City workers use. Councilmember Johnson congratulated the Councilmembers who were re- elected and welcomed Councilmembers Smith and Maxwell; and congratulated Public Works Director Underwood and Deputy Chief Lynch upon their retirement and wished them well. Mayor Hall wished Deputy Chief Lynch well in his retirement. Mayor Hall announced he is excited about the prospect of the City being able to have grant funding from CalTrans to assist with the development of further volunteer services as well as the creation of further safe spots along highways 178 and 58, and he invited Councilmember Sullivan to attend a scoping meeting in January to hear what is taking place with CalTrans and the City's Solid Waste staff, and how we are working together to bring new partners into the litter pickup program. Bakersfield, California, December 11, 2012 - Page 16 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall stated he looked forward to the opportunity of being able to serve with the two newly elected Councilmembers and with Councilmember Weir as Vice - Mayor. Mayor Hall wished everybody a happy holiday season and wished Park Landscape Designer Don Hoggatt well in his retirement. 14. CLOSED SESSION None. 15. CLOSED SESSION ACTION None. 16. ADJOURNMENT Mayor Hall adjourned the meeting at 7:35 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield