Loading...
HomeMy WebLinkAbout06/11/2003 AGENDA PACKETB A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER~/, ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - JUNE 11,2003 COUNCIL MEETING June 6,2003 We continue to take some items normally on the regular 7:00 p.m. agenda and move them to the 5:15 Meeting. For this agenda, we have moved a City Manager Report to before the closed session items. REGULAR MEETING 5:15 p.m. Workshop: The workshop consists of a budget presentation by the Centennial Garden and Convention Center. Appointments: There will be one appointment to the Historic Preservation Committee. Presentations: There will be two presentations: 1) by Mayor Hall acknowledging heroic assistance; and 2) by Councilmember Sullivan regarding AIDS Compassion Week. Reports: Report on Imolementation Plan for the Voluntary Citywide Curbside Rec¥clinq Proqram. The City will implement a voluntary Citywide Curbside Recycling Program beginning July 1, 2003, with collection for the entire city being phased in over a period of several months. The proposed cost of $80 per year ($6.25 per month) will be charged exclusively to subscribers who sign-up for the Program. The annual rate charged during the pilot program was $60 per subscriber, with the outside hauler incurring all costs for collection and material processing. The more subscribers choosing this service, the lower the annual costs will be over the long term. This fee is exempt from Proposition 218 and accompanying public hearing requirements since it is both voluntary and is not a property related fee. The Curbside Recycling Program will be split evenly between contractor and City forces along the same boundaries used for residential refuse collection. Two of the haulers within the Kern Refuse Disposal Corporation, Southside/Price Disposal and Varner Brothers, will be the contract haulers for this Program and may also collect curbside within collection boundaries for Howard's, Superior, and Varner and Sons hauling districts. The first phase of the Program's implementation is on July 1st, with Southside Disposal ready to begin collection. The City will begin implementation within their hauling areas in October. HONORABLE MAYOR AND CITY COUNCIL JUNE 6, 2003 PAGE 2 At the 7:00 p.m. meeting, two agreements central to the Recycling Program are presented for Council's approval. City Manaaer Oral Report reqardinq HUD. Donna Kunz, Economic Development Director, will give an oral report on the new HUD guidelines for expenditure of CDBG and HOME Entitlement Funds. Closed Session: There are two closed session items: 1) a conference with legal counsel regarding existing litigation; and 2) a conference with real property negotiators. CONTINUATION OF REGULAR MEETING - 7:00 p.m. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 80. Resolution Authorizina the Re(3uisite City Personnel to Execute All Documents Required to Access Section 108 Loan Guarantee Funds of $4.1 Million for Construction and Rehabilitation of Various Public Facilities. In June 2002, staff was authorized to submit an application for a $4.1 million loan. In November 2002, the City was notified that the application was approved by HUD. HUD now requires the City to execute a loan contract, a promissory note and various other documents by October 31, 2003, or the Section 108 commitment offer will expire. In addition, the funds must be drawn down and expended by January 31, 2005. The loan will be repaid with future Community Development Block Grant (CDBG) entitlements over the next twenty years. The loan will help pay for the rehabilitation of Jefferson and Martin Luther King Park pools ($600,000), and th the construction of a recreational pool and water park ($3,300,000) at the new aquatic facility on 14 Street. Additionally, funds would be used for a career counseling and training center ($200,000) at California Avenue and 11th Street. Aqreements: Item 8s. Voluntary City-Wide Curbside Rec¥clinq Proqram. This is the formal adoption of agreements related to the Recycling Program report presented in the earlier meeting. Two agreements are presented for approval: 1) Agreement with Smurfit Recycling Company (Smurfit) for Processing of Recyclables. Smurfit will be responsible for sorting and processing the mixed recyclables collected by City crews. The agreement will result in net revenue to the City of no less than $10.00 per ton. This revenue partially offsets the cost of collection. 2) Agreement with Metropolitan Recycling Corporation (MRC) for Collection of Recyclables. MRC and the City will jointly implement a voluntary curbside recycling collection program. MRC will collect specific areas inside the City limits. MRC's compensation for performing this service will be $5.25 per month ($63.00 per year) for each voluntary subscriber to the Program within their hauling area. MRC will provide their own equipment and be responsible for processing of material they collect. The monthly rate may be adjusted in subsequent years due to program costs. The agreement is valid for a period of 5 years. Bids: Item 8x. Award Annual Contract to Gilliam & Sons, Incorporated, for Earthmovinq and Haulinq in an amount not to exceed $320,000. This type of contract is used when earthwork requires heavy duty scrapers, loaders, and dump trucks, with and without operators. Two acceptable bids were received. It has HONORABLE MAYOR AND CITY COUNCIL JUNE 6, 2003 PAGE 3 been suggested that the contractor recommended to be awarded the bid would not be able to fulfill the contract requirements because they do not have all the equipment. Nothing in our contract prevents them from leasing equipment they do not own. Staff indicated Gilliam and Sons has met insurance, performance bond and material labor bond requirements. Staff recommends award to Gilliam & Sons, Inc. Item 8v. Award Annual Contracts to Tarqet Specialty Products, Wilbur-Ellis Company, and Univar USA, Incoroorated for Chemical Insecticides and Herbicides for the Parks and Water Resoumes Departments in an amount not to exceed $158,000. Unit prices were compared to determine the Iow bidders, and the City can best be served by splitting the award among three contracts. Miscellaneous: Item 8bb. Aopropriate $306,000 from Office of Emerqenc¥ Services to the General Fund Fire Department ODeratino Budqet for Overtime Costs Incurred at Mutual Aid Assiqnments. The Fire Department was involved in numerous Strike Teams in the summer of 2002, including the McNally Fire. The Office of Emergency Services will reimburse the Department for overtime costs in the amount of $427,561.42. Of this, $306,000 will be appropriated to reimburse actual overtime costs. The remainder will remain as General Fund revenue. HEARINGS Item 9a. Public Hearinq to Consider Residential Refuse Rate Increases for FY 2003-04. Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be increased from $144 per unit to $147.60 per unit per year, and the multi-family rate is proposed to be increased from $130.32 per unit per year to $133.58 per unit per year. The increase covers inflation and operating cost increases in contracts with our haulers, maintenance costs, and costs for greenwaste carts and recycling equipment to meet the state recycling mandates. The last refuse rate adjustment was two years ago. The proposed fees would become effective July 1, 2003. As of today, staff has received 13 letters protesting the increase to residential refuse fees. Three of the letters are from the same individual that owns different properties. There was one letter in favor of the increase. Item 9b. Public Hearinq to Consider Commercial Refuse Rate Increase for Fiscal Year 2003-04. This public hearing provides the mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. Commercial Solid Waste rates for FY 2003-04, reflect a 2.5% increase in rates for the various services. This increase covers cost-of-living adjustments included in contracts with haulers, maintenance costs, and costs for street sweeping and commercial wood waste recycling. The last refuse rate adjustment was two years ago. The proposed fees would become effective July 1, 2003. As of today, staff has received no letters in opposition to the fee increase. Item 9c. Protest Hearinq Re(~ardin(3 the Street LandscaDinq Assessments for the Consolidated Maintenance District. Street landscaping assessment rates were not increased for FY 2003-04 and, in fact, have not been increased since 1996. As of today, six letters have been received in opposition to the fees. All indicated they believed there would be an increase in the fee. Item 9d. Protest Hearinq Re~lardincl the Park LandscaDinq Assessments for the Consolidated Maintenance District. Park landscaping assessment rates were not increased for FY 2003-04 and, in fact, have not been increased since 1996. As of today, staff has received 40 calls from the hearing notice that was sent out to 31,000 addresses. About 50% of the calls want to know '~Nhat does the letter mean?" 35% do not want to be taxed any more, and 15% have maintenance issues. Item 9e. Protest Hearinq Reqardinq the Assessments for Eiqht (8) Traffic Siqnal Maintenance Districts. Traffic signal assessment rates were not increased for FY 2003-04 and, in fact, have not been increased since 1996. To date, staff has received no responses. HONORABLE MAYOR AND CITY COUNCIL JUNE 6, 2003 PAGE 4 Item 9f. Consideration of a DisPosition and Development Aqreement with Parkview Cottaqes, LLC and Parkview Builders, LLC. In September 2002, the Redevelopment Agency authorized the acquisition of approximately 7.5 acres north of Central Park for the purpose of encouraging the development of quality affordable single family housing in the downtown. Staff has been negotiating a development agreement with Mr. Greg Petrinni, of Parkview Cottages, LLC and Parkview Builders, LLC, for the development and construction of 74 urban craftsmen style homes on this parcel. The Agency approved the Disposition and Development Agreement on June 9, 2003. The Redevelopment Agency will convey the 7.5 acre site to the developer by July 15, 2003 for $1.00 (value established by reuse appraisal). The developer will construct and sell the homes. Thirty five of the new homes will be reserved for families whose incomes do not exceed 80% of median income and the balance will be reserved for families whose incomes do not exceed 120% of median income. The project will include extensive landscaping, hedges and a park area with a water feature. The development will require a "Homeowner Association" to assure continued maintenance of the residential community. The developer will post the required performance bonds and provide evidence of construction financing prior to the conveyance of the property. The project could generate approximately $3.8 million dollars of net tax increment to the Agency's Old Town Kern Redevelopment Project Area over the next 30 years. Item 9(3. Public Hearinq for the FY 2003-04 Operatinq, Bakersfield Redevelopment Aqency and Capital Imorovement Proqram Budqets. Each year a public hearing is required to receive public comment prior to adoption of the budget. Final adoption of the budget is scheduled for June 25, 2003. REPORTS Item 10a. Update of Ambulance Rate Modification Study. At the April 30th Council meeting the City retained the consulting firm of Health Analytics to perform a rate modification study to analyze the rate increase requested by Hall Ambulance Co. Health Analytics has been working with Hall Ambulance Company representatives to complete the study over the past 30 days. While the required information has been exchanged between Hall Ambulance and the Consultant, the work to complete the study has been delayed due to the time required by the consultant and Hall Ambulance to access, review and confirm the large volume of information needed for the study and to clarify technical data and information to perform the required analysis. The Consultant has indicated that the study is progressing but may not be completely finished for the June 11"' Council meeting. The Consultant has indicated that if the completed study is not available, portions of the study such as the rate survey information and background information regarding Medicare impacts on ambulance rates could be available to present to the Council at this meeting. Council will also be asked to consider an Emergency Ordinance amending the Municipal Code related to Ambulance Service Charges, and a continuance of the ambulance rate review effective date due to the delay of the study. AT:AC:al cc: Depar/ment Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 11, 2003 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and 7:00 p.m. 2. (lO min) REGULAR MEETING- 5:15 p.m. ROLL CALL WORKSHOP a. Department Budget Presentations 1. Centennial Garden 3. APPOINTMENTS a. One appointment to the Historic Preservation Commission, due to the expiration of term of Anthony Ansolabehere (Mayor), term expired March 30, 2002. Staff recommends Council determination. PRESENTATIONS a. Presentation by Mayor Hall acknowledging retired Detective Billy Martin for his heroic assistance to a crime victim, and the Bakersfield Police Department on March 11, 2003. b. Presentation by Councilmember Sullivan of Mayor's Proclamation to Audrey Chavez, Bakersfield AIDS Project, proclaiming June 19 - 28, 2003, as "AIDS Compassion Week". REPORTS a. Report on Implementation Plan for the Voluntary City-Wide Curbside Recycling Program. Staff recommends approval of report and implement recommendations. b. City Manager Report No. 4-03 on Housing and Urban Development Timeliness Regulations in relationship to Community Development Block Grant (CDBG) funded activities. Staff recommends acceptance of the report. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. City of Bakersfield v Kern Delta Water District, Kern County Superior Court. b. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: Commercial Retail/Industrial Complex 5455 A-B and 5601 A-C Rosedale Highway, Bakersfield, California, Agency Negotiator: Real Property Manager Donald Anderson; Negotiating Party: Charles A. Magnus; Under Negotiation: Price and terms of payment for pumhase. REGULAR MEETING - 7:00 p.m. 1. INVOCATION by Reverend Mark J. Lawrence, St. Paul's Episcopal Church 2. PLEDGE OF ALLEGIANCE by Jessica Boden, 7~h Grade Student at Bakersfield Christian School. 3. ROLLCALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS -see item on page 1 6. PUBLIC STATEMENTS 7. APPOINTMENTS - see item on page I 8. CONSENT CALENDAR Minutes: a. Approval of minutes of Regular Council Meeting May 19, 2003 and May 28, 2003. Payments: Approval of department payments from May 16, 2003 to May 29, 2003 in the amount of $6,193,836.53 and self insurance payments from May 16, 2003 to May 29, 2003 in the amount of $75,521.33. Ordinances: (Ward 3) First Reading of Ordinance adopting Notice of Exemption and amending Section 7.06.020 (Zone Map No. 104-06) of Title 17 of the Municipal Code by changing the zoning from an R-1 HD (One Family Dwelling Hillside Development) zone to an OS (Open Space) zone on 40 acres (ZC 03-0360). Adoption of Ordinance amending Chapter 5.56 to limit the size of transient outdoor businesses to 400 square feet. (First Reading 5/28/03) (Ward 7) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling) on 1.38 acres, located along the west side of South H Street 150 feet south of Pacheco Road. (First Reading 5/28/03) (Ward 6) Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 123-35 from an R-1 (One Family Dwelling) zone to an E (Estate) zone located on the north side of McKee Road, between Stine Road and Akers Road. (ZC 03-0179) (First Reading 5/28/03) (Ward 3) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from R-S 2.5A (Residential Suburban-2.5 acres minimum), E (Estate), A (Agriculture), C-2 (Regional Commercial), and M-2 (General Manufacturing) to R-1 (One Family Dwelling) zone on 27.91 acres, located generally north of Hosking Avenue, west of South Union Avenue. (First Reading 5/28/03) 2 (Ward 4) (Ward 5) (Ward 6) (Ward 4) (Ward 4) (Ward 3) (Ward 1) (Ward 1,2) (Ward 7) (Ward 7) CONSENT CALENDAR continued Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25 from RS-SA (Residential Suburban 5 acres minimum) to E-14,000 (Estate-minimum 14,000 square feet) zone on 4.77 acres, located west of Jewetta Avenue approximately 250 feet south of Birchhaven Avenue. (First Reading 5/28/03) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from C-1 (Neighborhood Commemial) to R-1 (One Family Dwelling) on 11.98 acres and R-1 (One Family Dwelling) to C-2 PCD (Regional Commercial Planned Commercial Development) on 13.90 acres located at the southeast corner of Pacheco Road and Buena Vista Road and 13.90 acres located at the northeast corner of Buena Vista Road and the alignment of Harris Road (ZC 03-0009). (First Reading 5/28/03) Resolutions: k Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment Distdct 93-2 (Stine/Harris). Resolution adding territory, Area 1-38 (Brimhall, Jenkins SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1302 to add territory, Area 1-39 (Allen, Merlot) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution approving Development Plan Review for construction of a 54 unit apartment complex on a 1.78+ acre site, within an R-3/P.U.D. (Limited Multiple Family Dwelling/Planned Unit Development) zone district, located at 2100 Height Street. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 449 located east of South Union Avenue, generally between Panama Lane and the Arvin-Edison Canal. Resolution authorizing the requisite City personnel to execute all documents required to access Section 108 Loan Guarantee Funds of $4.1 million for construction and rehabilitation of various public facilities. Agreements: Subordination Agreement/Consent to Grant of Pipeline Easement between the City of Bakersfield and Kern Delta Water District for canal crossing at Macau Street and Kern Delta Water District Easement. Subordination Agreement/Consent to Grant of Pipeline Easement between the City of Bakersfield and Kern Delta Water District for canal crossing at McKee Road and Kern Delta Water District Easement. 3 (Ward 3,4) (Ward 5) (Ward 2) CONSENT CALENDAR continued r. Tract Maps and Improvement Agreements: Bids Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6111 Units 1, 2, & 3 located west of Calloway Drive and north of the Cross Valley Canal. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6127 Units I & 2 located east of Jewetta Avenue and north of the Cross Valley Canal. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6128 Units 1, 2, 3, 4, 5 & 6 located east of Jewetta Avenue and north of the Cross Valley Canal. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6019 located south of Olive Drive and west of Riverlakes Drive. Final Map and Improvement Agreement with Porter-Robertson Engineering and Surveying, Inc. for Tract 5518 Phase 2 located south of State Route 178 and east of Miramonte Drive. Final Map and Improvement Agreement with Williams Investment Group for Tract 6108 located west of Allen Road and north of Palm Avenue. Voluntary City-Wide Curbside Recycling Program 1. Agreement with Smurfit Recycling Company for processing recyclables. (No cost) Agreement with Metropolitan Recycling Corporation (MRC) for collection of recyclables. (Compensation of $63.00 per year ($5.25 per month) for each subscriber to the Program within the hauler area.) Agreement with the Governor's Office of Emergency Services. Amendment No. 1 to Agreement No. 02-099 with Versaterm, Inc. for software to support the Police Department's Computer Aided Dispatch (CAD). Agreement with Naffa International for plan checking commercial/residential plans. Accept bid to award project to MGE Underground, Inc. in the amount of $134,299.50 for the installation of Traffic Signal Interconnect on Gosford Road. Accept bid to award annual contract to Gilliam & Sons, Incorporated, not to exceed $320,000.00, for earthmoving and hauling. Accept bid to award annual contracts to Target Specialty Products, Wilbur-Ellis Company, and Univar USA, Incorporated, not to exceed $158,000.00, for chemical insecticides and herbicides for the Parks and Water Resources Departments. Reject all bids to resurface Jefferson Park Tennis and Basketball Courts. 4 8. CONSENT CALENDAR conQnued (Ward 1,3,4,5) Miscellaneous aa. Acceptance of Rebate from California Energy Commission for "Cool Roof" at Police Department ($2,460.00) bb. Appropriate $306,000.00 from Office of Emergency Services to the General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid assignments. Staff recommends adoption of Consent Calendar items a through bb. HEARINGS Public Hearing to consider residential refuse rate increases for Fiscal Year 2003~04 (2.5% proposed rate increase). Staff recommends adoption of the resolution. Public Hearing to consider commercial refuse rate increases for Fiscal Year 2003~04 (2.5% proposed rate increase) Staff recommends adoption of the resolution. Protest Hearing as required by Resolution of Intention No. 1297 regarding the street landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2003-2004 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) Staff recommends overriding protests and adopting the resolution. Protest Hearing as required by Resolution of Intention No. 1298 regarding the park landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2003-2004 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) Staff recommends overriding protests and adoption of the resolution. Protest Hearing as required by Resolution of Intention No. 1299regarding assessments for eight (8) Traffic Signal Maintenance Districts. Resolution approving and adopting the Public Works Director's report for eight Traffic Signal Maintenance Districts and the 2003-2004 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. Staff recommends overriding protests and adoption of the resolution. 9o (Ward 2) 10. 11. 1~. 13. 14. HEARINGS continued f. Consideration of a Disposition and Development Agreement with Parkview Cottages, LLC and Parkview Builders, LLC, to carry out the purposes of the Redevelopment Project, for property bounded by 23~ Street on the north, R Street on the west, Kern Island Canal on the east and 21st Street on the south. Staff recommends adoption of the resolution. g. Public Hearing for the FY 2003-04 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Staff recommends Council hear public testimony. REPORTS - see additional item on page 1 a. Ambulance Rate Review: 1. Ambulance Rate Modification Study Update. 2. Consideration of Emergency Ordinance amending Bakersfield Municipal Code Section 5.10.120 related to Ambulance Service Charges. 3. Continuance of ambulance rate review effective date. Staff recommends Council determination. DEFERRED BUSINESS NEW BUSINESS COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy ~'- ././~-~ City Manager '" pi 06/5/0310:02 a.m. ADMINISTRATIVE REPORT IMEETING DATE: June 11, 2003 IAGENDA SECTION: Workshop ITEM: ~, 0-,. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: May 29, 2003 CITY ATFORNEY ~ CITY MANAGER '~/~_ SUBJECT: Department Budget Presentations 1. Centennial Garden RECOMMENDATION: BACKGROUND: The Centennial Garden will provide a detailed overview of their FY 2003-2004 proposed operating budget. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes. DWH:jp 5/29/2003 10:16 AM S:\03-04Budpro~Budget Hearings 061103,doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Appointments IITEM: 3. 0~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk DEPARTMENT HEAD~R~'~'~ June 3, 2003 CITY ATTORNEY CITY MANAGER ' ,J~ One appointment to the Historic Preservation Commission, due to the expiration of term of Anthony Ansolabehere (Mayor), term expired March 30, 2002. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Historic Preservation Commission due to the expiration of term of Anthony Ansolabehere (Mayor), whose term expired March 30, 2002. The news release for this recruitment was posted April 30, 2003. An application to fill the vacancy has been received from Susan Stussy. The Historic Preservation Commission is an advisory body to the City Council. It is composed of nine (9) members, nominated by Mayor/Councilmembers and confirmed by the full Council. Members must be residents of the City of Bakersfield, but not a specific Ward, throughout their four-year term. The Commission reviews applications for Cultural Resource designations and applications for Historic Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the City Council. The Commission presides and conducts public hearings on designation applications and makes recommendations to the City Council. Meetings are held on the third Tuesday of each month at 4:00 p.m. in the Kress Building Third Floor Conference Room, 19th & K Streets, Bakersfield California. June 3, 2003, 8:36AM S:\Bds&Comm\HPC~ADMIN June 2003.dot ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Presentations ITEM: L~, 0.~ TO: FROM: DATE: Honorable Mayor and City Council Eric W. Matlock, Chief of Police May 16, 2003 APPROVED DEPARTMENT HEAD~ ClTY AI-rORNEY ~ ClTY MANAGER SUBJECT: Presentation by Mayor Hall acknowledging retired Detective Billy Martin for his heroic assistance to a crime victim, and the Bakersfield Police Department on March 11,2003. RECOMMENDATION: BACKGROUND: vd May 16. 2003, 10:56AM P:\RP'r~dmin Billy Martin Presentation 6-11-03,dot ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Presentations ITEM: 4. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall May 30, 2003 P//PROVED DEPARTMENT HEAD"'~ CITY ATTORNEY CITYMANAGER Ad._.- Presentation by Councilmember Jacquie Sullivan of Mayor's Proclamation to Audrey Chavez, Director of the Bakersfield's AIDS Project, proclaiming June 19 - 28, 2003, as "AIDS Compassion Week". RECOMMENDATION: BACKGROUND: ndw June 2, 2003, 2:06PM S:'A4AYOR~ADMIN~AIDS COMPASSION WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 AGENDA SECTION: Reports ITEM: .,~, ~. TO: Honorable Mayor and City Council ~/,,~OVED DATE:FROM: JuneRaUl M.3, 2003R°jas' Public Works Director DEPARTMENTciTY A'I'rORNEyHEAD ~,~ CITY MANAGER ~ SUBJECT: Voluntary City-Wide Curbside Recycling Program: Report on Implementation Plan for the Voluntary City-Wide Curbside Recycling Program (Cost: $80.00 per year per subscriber, No hearing required. No effect on refuse rates ) RECOMMENDATION: Staff recommends approval of report and implement recommendations. BACKGROUND: This Administrative Report describes the implementation plan, and associated annual fee, for the Voluntary City-Wide Curbside Recycling Program. In response to citizen requests for curbside recycling, and based on the results of a pilot voluntary curbside recycling program, the City will implement a City-Wide Voluntary Curbside Recycling Program beginning July 1,2003. Materials to be collected bi-weekly include paper (newspaper, magazines, office paper, junk mail), cardboard, aluminum and steel cans, specific types of plastic bottles, and glass bottles and jars. Collection for each customer is to occur on an every other week basis. The sign up phase of the Program commences on July 1, 2003. Various zones within the City will be phased in over a period of several months. Customers will be informed of their zone implementation date when they sign up. The key to the program's success will be the participation rate. The fee is based on 10% participation during the pilot study. With more subscribers, efficiency is better. Accordingly, the City will actively market this Program in the media, schools, public meetings, and "at the curb" to gain the highest participation rate possible. Television, radio, and print media have all expressed an interest in advertising the program as a public service. Because of the relationship between number of subscribers and collection costs, staff recommends setting the curbside recycling rate for only one year. If participation rates are below 2,500 subscribers for the contract haulers or City sanitation crews, a rate adjustment may be necessary. However, staff anticipates at least 2,500 subscribers based upon customer feedback. Conversely, should participation rates result in a lower per customer cost, a rate decrease could be in order. As the City's refuse hauling is split evenly between City-staffed operations and contract haulers, the Curbside Recycling Program will also be split evenly between the contract haulers and City routes along June 4, 2003, 11:45AM G:\GROUPDA'r~DMINRPT~2003~6-11\Voluntary Curbside Recycling Program_Rpt6-4-03.doc ADMINISTRATIVE REPORT the same boundaries used for residential refuse collection. Two of the haulers, Southside/Price Disposal and Varner Brothers, Inc., will operate this Program. The Program will continue the schedule of pick up used in the pilot, which is every 2 weeks. Blue carts (96 gallons) will be purchased and used with appropriate recycling decals for identification. Customers will be provided calendars identifying collection days. City-wide sign up begins July 1 st, with phases of cart delivery and service to begin with Southside in August followed by the City in October. Customers will be notified on service dates when they sign up. The program budget is within the Solid Waste Fund. It includes one automated collection truck and driver, along with approximately 6,000 carts and billing/promotion costs. Billing for curbside recycling service will be done on a quarterly basis, paid in advance. The fee will be $20 per quarter. The curbside program is separate from regular refuse rates and costs are covered by service fees. June 4, 2003, 11:45AM G:\GROUPDAT"~ADMINRPT~2003't06-11Woluntary Curbside Recycling Program_Rpt6-4-03.doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Reports ITEM: ~. b, TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~L~ DATE: June 4, 2003 CITY ATTORNEY ~ CITY MANAGER ~'~ SUBJECT: City Manager Report No. 4-03 on Housing and Urban Development Timeliness Regulations in Relationship to Community Development Block Grant CDBG Funded Activities. RECOMMENDATION: Staff recommends that City Council accept the Report, review the presentation and comment. BACKGROUND: The Department of Housing and Urban Development (HUD) requires entitlement jurisdictions to be timely in the use and spending of Community Development Block Grant funds or risk having future year entitlements reduced. Each year, HUD conducts a drawdown test at May 1% requiring the City's line of credit does not have more than 1.5 years funding of our annual entitlement reflected as unspent. This compliance test has always proven challenging for cities that have many projects underway. Economic and Community Development staff will present an overview on the background of this Congressional mandate in addition to the current status on the City's timeliness. S:~Admins\City Council~CityMgr RptH U DDrawdow~ Review0611.doc 6/4/2003 12:33 PM ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 30, 2003 APPROVED DEPARTMENT HEAD ClTY ATrORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. Kern Delta Water District Kern County Superior Court RECOMMENDATION: BACKGROUND: BJT:dll May 30, 2003, 8:29AM ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 AGENDA SECTION: Closed Session ITEM: ~. Jo, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 2, 2003 DEPARTMENT HEAD ClTY A'rrORNEY ClTY MANAGER APPROVED Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: Commercial Retail/Industrial Complex 5455 A-B and 5601 A-C Rosedale Highway, Bakersfield, California Agency Negotiators: Real Property Manager Donald Anderson Negotiating Parties: Charles A. Magnus Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: BJT:dll June 2, 2003, 2:13PM ADMINISTRATIVE REPORT M~-~- I lNG DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, 0,,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk May 30, 2003 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER. APPROVED Approval of minutes of the May 19, 2003 and May 28, 2003 Council meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: p~ S:\Council~admins~003\MAY 28, 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: '~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2003 APPROVED DEPARTMENT .EAD -'~'~ C,~'ATTOR.E¥ CI~ MANAGER Approval of depa~ment payments from May 16, 2003 to May 29, 2003 in the amount of $6,193,836.53 and self insurance payments from May 16, 2003 to May 29, 2003 in the amount of $75,521.33. RECOMMENDATION: Staff recommends approval of payments totaling $6,269,357.86. BACKGROUND: kFg May 29, 2003, 1:52PM S:\KimG\Forms & Lables~ADMIN-AP,doc ADMINISTRATIVE REPORT IMEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 22, 2003 .~A~P[ROVED DEPARTMENT HE~~ CITY MANAGER An Ordinance adopting Notice of Exemption and amending Section 7.06.020 (Zone Map No. 104-06) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-1 HD (One Family Dwelling Hillside Development) zone to an OS (Open Space) zone on 40 acres (ZC 03-0360). (Ward 3) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On May 15, 2003, the Planning Commission adopted Resolution No. 84-03 recommending approval of proposed Zone Change File 3 03-0360 from residential to an open space designation. The 40- acre property is depicted as OS-S (Open Space-Slope) on the General Plan Land Use Element Map. The proposed zone change is consistent with the Land Use designation, and recognizes historical and planned use of the property. Staff has contacted the Bureau of Land Management (BLM), the property owner, regarding the proposed zone change. The BLM supports the zone change because the BLM does not intend to develop the property. The property is to be kept natural. No one spoke on this zone change during the Planning Commission hearing. The subject site is located within the boundaries of the Northeast Bakersfield Open Space Area NBOSA). The change of zoning to Open Space would not only result in consistency between the General Plan designation and zoning, but also support the policies of the NBOSA. The project is exempt from CEQA pursuant to Section 15061(b)(3), General Rule because there is no significant impacts resulting from the project. JE (Admim\jun\6-11-0360) ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: ~. c~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 22, 2003 ~ ~I~;~PROVED DEPARTMENT H~..~ / CITY MANAGER ~' Ordinance amending Chapter 5.56, to limit the size of transient outdoor businesses to 400 square feet. (All wards) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on May 28, 2003. Complaints about the practice of setting up automobile sales lots in parking lots of commercial centers as transient outdoor businesses were forwarded to the City Council's Legislation & Litigation Committee. Concerns included elimination of parking which would otherwise serve existing businesses, lack of sanitary facilities, loss of sales taxes, unfair and fly-by-night business practices and use of illegal signs for advertising. Staff explained that the intent of the Transient Outdoor Business Ordinance was to regulate small scale street corner sales of items such as brass or leather goods, art and rugs usually conducted from a van, pickup or trailer. They were not envisioned as being delivered by semi-tractor trailers or vehicle transporters. In order to maintain the intent of the ordinance it is recommended that it be amended to limit the size of a transient outdoor business to 400 square feet. JH:pjt Admin\6-1 l-tob ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 IAGENDA SECTION: Consent ITEM: ~. ~', TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 29, 2003 DEPARTMENTHFT/AD ~'~. / / CITY MANAGER An ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling) on 1.38 acres, located along the west side of South "H" Street 150 feet south of Pacheco Road. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on May 28, 2003 in conjunction with the general plan amendment for this site. Neighbors raised concerns about access to service their septic tanks and height of future buildings. An alley will be dedicated along the west side of this property and the developer stated his intention to build single story units similar to the adjacent acres. Applicant proposes to develop the 1.38 net acre site to 17 dwelling units per net acre which equates to 24 dwelling units. The HMR designation and the R-2 zone allow a maximum of 17.42 units per net acre. Applicant's proposal is within the prescribed limits of the HMR land use designation and the R-2 zone. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change and on March 20, 2003, recommended City Council approval. There were no significant issues raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED S:\Pam~Admin\6-11-0005.doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 IAGENDA SECTION: Consent ITEM: ~, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 27, 2003 APPROVED DEPARTMENT HEAD~ CITY ATTO RNEYt'~/~----~- CITY MANAGER ,,~..- An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-35 from an R-1 (One Family Dwelling) zone to an E (Estate) zone located on the north side of McKee Road, between Stine Road and Akers Road. (ZC 03-0179). (Ward 6). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of this ordinance was conducted on May 28, 2003. This zone change from R-1 (One Family Dwelling) to E (Estate) provides consistent zoning throughout a large lot single family residential subdivision. With the R-1 zoning in place, lots would have been created that were "split zoned", having both R-1 and E zoning within one lot. City policy does not permit split zoning on newly created parcels. The lots proposed within the subdivision were sized in conformance with the Estate zoning (10,000 square feet or larger). This zone change satisfies a condition of approval on Tentative Tract 6178 to obtain policy compliance regarding split zoning. The Planning Commission heard the requested zone change on April 17, 2003 concurrently with an application to subdivide the property into residential lots and recommended approval to the City Council. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on March 11, 2003, in accordance with CEQA. No one spoke in opposition to the proposed zone change at the Planning Commission hearing. LP :Pit Admin\6-11-0179 ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: ~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 29, 2003 / OVED DEPARTMENT CITY MANAGER An ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from R-S 2.5A (Residential Suburban-2.5 acres minimum), E (Estate), A (Agriculture), C-2 (Regional Commercial), and M-2 (General Manufacturing) to R-1 (One Family Dwelling) zone on 27.91 acres, located generally north of Hosking Avenue, west of South Union Avenue. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on May 28, 2003. This zone change would permit the development of single family residential units on the 27+ acre site. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on March 20, 2003. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The City Council approved the general plan amendment for this site on May 28, 2003, which is compatible with this zone change. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 21,2003, in accordance with CEQA. MO Admin\6-11-0002 ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: ~ ~), TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 29, 2003 ~//~ROVED DEPARTMENTH~L~D/---~ An ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25 from RS-5A (Residential Suburban 5 acres minimum) to E-14,000 (Estate-minimum 14,000 square feet) zone on 4.77 acres, located west of Jewetta Avenue approximately 250 feet south of Birchhaven Avenue. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on May 28, 2003. This zone change would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on March 20, 2003. There were some property owners to the north of the project site that spoke and discussed there concerns with the proposal. Their main opposition/concerns were the eventual size of the lots for the property and the development of two-story units along the north side of the site. After discussion the Planning Commission with concurrence from the property owner of the site, conditioned the approval to have a minimum 14,000 square feet per lot and to restrict the development of single story houses along the north property line of the site. The Planning Commission decision had one dissension vote, the vote was because of the single story restriction. The City Council approved the general plan amendment for this site on May 28, 2003, which is compatible with this zone change. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 15, 2003, in accordance with CEQA. MO Admin\6-11-0047 ADMINISTRATIVE REPORT IMEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: ~, ;. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 29, 2003 ,///~OVED DEPARTMENT HE~AD CITY ATtO R~'~ CITY MANAGER SUBJECT: An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from C-1 (Neighborhood Commercial) to R-1 (One Family Dwelling) on 11.98 acres and R-1 (One Family Dwelling) to C-2 PCD (Regional Commercial Planned Commercial Development) on 13.90 acres located at the southeast corner of Pacheco Road and Buena Vista Road and 13.90 acres located at the northeast corner of Buena Vista Road and the alignment of Harris Road (ZC 03-0009). (Ward 5) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on May 28, 2003. The requested zone change (ZC) 03-0009) was proposed in conjunction with GPA 03-0009, which the City Council adopted on May 28, 2003. The City Council also adopted conditions of approval/mitigation measures which are provided in Exhibit 3 of the ordinance. This ordinance reflects the general plan amendment in the zoning ordinance. wc Admin\6-11-0009 ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: <~, TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD ,~/~ DATE May 19, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District 93-2(Stine/Harris). Ward 6. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The City of Bakersfield, Limited Obligation Bonds for Stine/Harris Assessment District 93-2 were issued on April 13, 1994 in the amount of $3,990,000 for funding the construction of public improvements comprising of sewer lines, water lines, streets and other incidental costs. These bonds are issued pursuant to the improvement Bond Act of 1915 of the California Streets and Highways Code. The City has covenanted to initiate an Administrative Foreclosure for Assessment Districts when delinquencies near 5% of the annual levy placed on the tax bill to pay the annual principal and interest on the bonds. This Assessment District is close to the 5% threshold. Assessment District 93-2(Stine/Harris) Delinquencies are attached. S: \C OREY\93-2 ADI~HN.DOC ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. k,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 29, 2003 APPROVED DEPARTMENT HEAD ///~ j CITY ATTORNEY ,~ CITY MANAGER ~ Resolution adding territory, Area 1-38 (Brimhall, Jenkins SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 0Nard 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On May 28, 2003 the Council adopted Resolution of Intention No. 1301 to add territory, Area 1-38 (Brimhali, Jenkins SW), 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 street landscaping for Tentative Tract No. 6139. Area 1-38 is generally bounded by Brimhall Road on the north, Jenkins Road on the east, a line ¼ mile south of Brimhall Road on the south and a line 660 feet west of Jenkins Road on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has 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 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 also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the subdivision map. A copy of the covenant is attached for reference. Lvd May 27, 2003, 9:54AM S:\PROJECTS\MAINDIST~ADMINRPT~MD1-38Est03.dot ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. i, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 29, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY~ CITY MANAGER ./'~_ .. Resolution of Intention No. 1302 to add territory, Area 1-39 (Allen, Merlot) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6108 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 median and street landscaping, Area 1-39 is generally bounded by a line 725 feet south of Rosedale Highway on the north, Allen Road on the east, Dove Creek on the south and a line 520 feet west of Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner 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 also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. Lvd May 27, 2003, 5:16PM S:\PROJ ECTS\MAINDIST~ADMINRPT~MD1-39RiO3.dot MEETING DATE: ADMINISTRATIVE REPORT June 11,2003 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 27, 2003 /~yPROVED DEPARTMENT H~_~.D~J. A 'OR.r CITY MANAGER DEVELOPMENT PLAN REVIEW - 2100 HEIGHT STREET (PROJECT NO. 03-0252) Resolution approving Development Plan Review for construction of a 54 unit apartment complex on a 1.78+ acre site, within an R-3/P.U.D. (Limited Multiple Family Dwelling/Planned Unit Development) zone district. (Ward 3) RECOMMENDATION: Adopt the resolution approving the P.U.D. Development Plan for 2100 Height Street. BACKGROUND: The applicant is requesting approval of development plans to allow the construction of an apartment complex. The site is zoned R-3/PUD (Limited Multiple Family Dwelling/Planned Unit Development Overlay). The PUD overpay requires that the development plans be approved by the Planning Commission at a noticed public hearing, and by the City Council. A public hearing by the City Council is not required unless the Council decides to disapprove the Planning Commission's recommendation, or add to or change the conditions of the project (BMC 17.52.030 C.,D.). The project is the construction of nine, six-unit, three-bedroom apartment buildings (54 units) on 1.78 -*- acres. Conditions of approval contained in the attached resolution incorporate the conditions of approval for GPA/ZC 02-0853 (approved by the City Council on March 12, 2003), Site plan Review Conditions and discretionary conditions added at Planning Commission to address ingress and egress at the site, site landscaping and screening between the site and the adjacent elementary school. The Planning Commission unanimously approved this development plan on May 15, 2003 as they as part of the record. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this development plan be approved. LP:pjt Admin\6-'r 1-0252 ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: ~. I~, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 27, 2003 ~../ROVED DE.A.TME.T .EA ' CITY MANAGER ~ SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 449 located east of South Union Avenue, generally between Panama Lane and the Arvin-Edison Canal. (Ward 1) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 449 to the City of Bakersfield. The proposed annexation consists of approximately 7 acres of uninhabited land located east of South Union Avenue, generally between Panama Lane and the Arvin-Edison Canal. The property owner of the Budget Inn Motel has consented to annexation and wishes to receive city services (sewer). MO:pjt p:admin\apr\6-11-449 ADMINISTRATIVE REPORT I MEETING DATE: June 11, 2003 AGENDA SECTION: "Consent Calendar ITEM: ,~, (2, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director May 30, 2003 APPROVED DEPARTMENT HEAD /~'J'~ CITY ATTORNEY CITY MANAGER ~ A Resolution of the Council of the City of Bakersfield Authorizing the Requisite City Personnel to Execute All Documents Required to Access Section 108 Loan Guarantee Funds of $4.1 Million for Construction and Rehabilitation of Various Public Facilities. 0Nards I and 2) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: On May 22, 2002, the City Council held a public hearing to obtain public comments regarding submittal of an application to the Department of Housing and Urban Development (HUD) for a Section 108 loan. The loan would help pay for the rehabilitation of Jefferson and Martin Luther King park pools ($600,000), and the construction of a recreational pool and water park ($3,300,000) at the new aquatic facility on 14~ Street. Additionally, funds would be used for a career counseling and training center ($200,000) at California Avenue and 11t" Street. No public comments were received at the public hearing. On June 12, 2002, City Council authorized staff to submit an application for a $4.1 million loan. In November, 2002, the City was notified that the application was approved by HUD. Since that time, staff has been working with HUD to finalize the documents that HUD requires to enable access to the loan monies. These funds are financed through a biannual national public offering of Section 108 obligations (bond issue). If requested by the loan applicant, intedm financing between public offerings can be provided through a HUD-approved private financial institution. HUD requires the City to execute a loan contract, a promissory note and various other documents by October 31, 2003, or the Section 108 commitment offer will expire. In addition, the funds must be drawn down and expended by January 31, 2005. The loan will be repaid with future Community Development Block Grant (CDBG) entitlements over the next twenty years. Beginning in fiscal year 04-05, the annual payment will be approximately $327,000. In fiscal year 03-04, the City will only be required to pay interest. Additionally, HUD requires collateral for the loan, in the event that CDBG funds are not available. The value of the collateral must equal or exceed 125% of the loan amount. The City will pledge the real property it owns at 1601 Truxtun Avenue (the real property has appraised for $5 million) and will execute a deed of trust with the Secretary of HUD as the beneficiary. At any time additional collateral can be substituted to meet the collateral requirements of HUD. The City will also pledge its housing rehabilitation loan portfolio of approximately $1.2 million as collateral. S:~Admins\City Council,S4. I loan docs reso.doc 5/30/2003 9:20 AM ADMINISTRATIVE REPORT Page 2 This resolution will authorize various city employees and the Mayor to execute all of the documents that HUD requires to complete the loan process for interim and permanent financing. Once HUD receives and approves the documents, the City can begin drawing down the funds. S:~Admins\City Council\S4,1 loan docs reso.doc 5/30/20039:20 AM ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: 3. p' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 23, 2003 APPROVED DEPARTMENT HEAD ~ ~ CITY MANAGER Subordination Agreement/Consent To Grant Of Pipeline Easement between the City of Bakersfield and Kern Delta Water District for canal crossing at Macau Street and Kern Delta Water District Easement. (Ward 7) RECOMMENDATION: Staff Recommends approval of the agreement. BACKGROUND: As part of the development of Tract 6006, located north of McKee Road and east of Wible Road, the developer is required to relocate a Kern Delta Water District canal. Prior to the relocation of the canal Kern Delta Water District had superior right of easement. This agreement allows Kern Delta Water District to maintain their superior right of easement. td May 29, 2003, 10:05AM G:\GROUPDAT~ADMINRPT~.003\06-11\Subordination Agreement Macau Street.dot ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: <~, 4' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 23, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Subordination Agreement/Consent To Grant Of Pipeline Easement between the City of Bakersfield and Kern Delta Water District for canal crossing at McKee Road and Kern Delta Water District Easement. (Ward 7) RECOMMENDATION: Staff Recommends approval of the agreement. BACKGROUND: As part of the development of Tract 6006, located north of McKee Road and east of Wible Road, the developer is required to relocate a Kern Delta Water District canal. Prior to the relocation of the canal Kern Delta Water District had superior right of easement. This agreement allows Kern Delta Water District to maintain their superior right of easement. td May 29, 2003.10:07AM G:\GROUPDAT~ADMINRPT~2003\06-11\Subordination Agreement McKee Road.dot ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~/f~ DATE: May 27, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: (1) (2) (3) (4) (5) (6) Tract Maps and Improvement Agreements Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6111 Units 1, 2, and 3 located west of Calloway Drive and north of the Cross Valley Canal. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6127 Units 1 and 2 located east of Jewetta Avenue and north of the Cross Valley Canal. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6128 Units 1, 2, 3, 4, 5, and 6 located east of Jewetta Avenue and north of the Cross Valley Canal. (Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6019 located south of Olive Drive and west of Riverlakes Drive. (Ward 4) Final Map and Improvement Agreement with Porter-Robertson Engineering and Surveying, Inc. for Tract 5518 Phase 2 located south of State Route 178 and east of Miramonte Drive. (Ward 3) Final Map and Improvement Agreement with Williams Investment Group for Tract 6108 located west of Allen Road and north of Palm Avenue. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. June 3, 2003, 2:07PM G:\GROUPDAT~ADMINRPT~2003\06-11\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 AGENDA SECTION: Consent Calendar ITEM: ~. $. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 3, 2003 APPROVED DEPARTMENT HEADCt~ CITY ATTORNEY CITY MANAGER Voluntary City-Wide Curbside Recycling Program: 1. Agreement with Smurfit Recycling Company (Smurfit) for Processing of Recyclables. (No cost. Revenues market-derived but no less than floor price of $10.00 per ton of materials collected.) 2. Agreement with Metropolitan Recycling Corporation (MRC) for Collection of Recyclables (Compensation of $63.00 per year ($5.25 per month) for each Subscriber to the Program within the hauler area). RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: This Administrative Report contains the agreements for processing of recyclables and collection of recyclables. These two agreements are required for implementing the City-Wide Program. The Voluntary City-Wide Curbside Recycling Program Report is included in full in the Reports section of tonight's agenda. Agreement #1 - Agreement with Smurfit Recycling Company for Processing of Recyclables: Smurfit will be responsible for sorting and processing the mixed recyclabies collected by city crews. The agreement will result in net revenue to the city of no less than $10.00 per ton. This revenue partially offsets the cost of collection. Agreement #2 - Agreement with Metropolitan Recycling Corporation for Collection of Recyclables MRC and the City will jointly implement a voluntary curbside recycling collection program. MRC will collect specific areas inside the City limits. MRC's compensation for performing this service will be $5.25 per month ($63.00 per year) for each voluntary subscriber to the Program within their hauling area. MRC will provide their own equipment and be responsible for processing of material they collect. The monthly rate may be adjusted in subsequent years due to program costs. The agreement is valid for a period of 5 years. June 4, 2003, 11:54AM G:\GROUPDA'~,DMINRPT~2003~6-1 l\Voluntan/Curbside Recycling Progr&m_Agr6~4-03.doc ADMINISTRATIVE REPORT MEETING DATE June 11,2003 AGENDA SECTION: Consent Calendar ITEM: ~, ~, TO: Honorable Mayor and City Council ~_._AP_.~ROVED_~/f FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD ~--~_ ~.~ DATE: May 29, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Governor's Office of Emergency Services RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield is a participant in the California Master Mutual Aid Plan administered by the State Office of Emergency Services (OES). However, over the last few years the Bakersfield Fire Department has gotten very involved in "Strike Teams" and has sent many resources to different emergencies both state-wide and nationally. During this process we have developed a good working relationship with OES. Recently we have been approached by the OES Assistant Fire Chief in charge of OES Region 5 with an opportunity to have one of the State-owned fire engines assigned to the City of Bakersfield. The assignment of a fire engine comes with a promise from the City that we will staff the engine on a mutual aid assignment. The mutual aid assignment is reimbursed if it is on Federal or State land or covered under the local Fire Management Assistance Grant (FMAG). In rare cases, there is no reimbursement. For example, considering the many emergencies responded to over the last four (4) years only one incident was not reimbursed. The cost at most, would be an un-reimbursed assignment that could last for a maximum of twenty-one (21) days. The event of this is unlikely and has yet to ever happen. The benefit to the Bakersfield Fire Department and the City would be the free use of a fire engine. This would be a new fire engine (green in color) that the Bakersfield Fire Department could use as their own. The City is responsible for minor maintenance; however repairs (less a small deductible) are paid by OES. I believe this is a good opportunity to increase our City's involvement in the California Master Mutual Aid Plan. June 3, 2003, 12:07PM C:\Documents and Settmgs\rfraze. BAKERSFIELD\Local Settings\Temp\OES.doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager June 2, 2003 APPROVED DEPARTMENT HEAD CITY ATrORNEY ClTY MANAGER Amendment No. 1 to Agreement No. 02-099 with Versaterm, Inc. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In 2002, the City entered into an agreement with Versaterm for software to support the Police Department's Computer Aided Dispatch (CAD). The Versaterm software currently uses Oracle as a database. However, most other police agencies using Versaterm employ IBM's Informix database software instead of Oracle. Versaterm software is compatible with either database, but City staff and Versaterm now recommend using the Informix database instead of the Oracle database. The advantage to the City of using IBM's Informix database is twofold: 1) IBM - Informix software licenses are roughly half the price of Oracle licenses, so the City would save significantly for licenses paid for from the Police Department budget and on future maintenance costs, which are based on a percentage of that cost. The savings will come later this year when reduced maintenance charges on the IBM - Informix software is billed to the City; and 2) Versaterm is better able to support the Police Department in an Informix environment as that is the system used by the great majority of their customers. Versaterm, the Information Technology Director, and the Police Department all agree that the change to Informix is the best course of action for the City and would result in cost savings and improved support. Versaterm has offered to convert the Police Department data currently running on Oracle to the Informix database platform at no cost to the City. The amendment to the agreement only provides for that conversion work to be done by Versaterm at no cost and software support costs for Versaterm software be shifted to the IBM informix edition. June 3, 2003, 11:26AM S:~Admin Rpts~003\VersaterrnAmdl 061103.doc AC:al Page 1 ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent ITEM: 8, ¥, TO: FROM: SUBJECT: Honorable Mayor and City Council Development Services - Building Agreement with Naffa International for (All Wards) //~~OVED DEPARTMENT HIF.~).~./ . C ITYA TT ORNE .~/~ CITY MANAGER" Y¢/~, ~lan checking commercial/residential plans. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: With the increased building activity, there ~s an increase in commercial/residential plans to be checked. In order to maintain minimum service levels during this period of increased activity, requests for proposals were sent to several plan check consulting firms. Seven submitted proposals for consideration and one was non responsive. Based upon qualifications and costs, it is recommended the contract be awarded to Naffa International. Results: Percent of Plan Firm Checking Fees Location 1. Naffa International 70% Fresno 2. California Code Check 65-70% San Luis Obispo 3. CSG 70% Costa Mesa 4. CMA Associates 75% Fresno 5. LP2 Associates 80% Pleasanton 6. Frank Cantelmi 85% Bakersfield MAD P:\Building\Naffa Agenda Item.doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: ,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 29, 2003 DEPARTMENT HEAD AI/~')ROVED CITY MANAGER Accept bid to award project to MGE Underground Inc. in the amount of $134,299.50 for the Installation of Traffic Signal Interconnect on Gosford Road (Ward 5). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along Gosford Road between White Lane and Stockdale Highway. With this new interconnect installed, the traffic signal timing along Gosford Road can be optimized to improve traffic flow and reduce waiting times. Emergency vehicle response time should also improve along this street. The traffic ~ignal interconnect project will be funded predominantly by federal dollars (88.53%), with the local match of 11.47% coming from the Gas Tax Fund. The Engineer's Estimate for this project is $175,000. Four (4) acceptable bids were received on Tuesday, April 22, 2003, as listed below: MGE Underground Inc.. P.O. Box 4189 Paso Robles, CA 93447 In the amount of $134,299.5O A-C Electric Company P.O. Box 1834 Bakersfield, CA 93303 (City) In the amount of $141,805.00 Loop Electric 1516 E 19th Street Bakersfield, CA 93305 (City) In the amount of $154,925.00 Pro Tech Engineering Corporation 6312 E Santa Ana Canyon Road #345 Anaheim, CA 92807 (Out of town) In the amount of $186,300.00 May 29, 2003, 1:32PM G:\G ROU P DA~ADMIN R PT'~2003~06-1 l~Admin_Rpt_Gosfordlnter.doc ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 AGENDA SECTION: Consent Calendar TEM: ~, ~, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 30, 2003 APPROVED DEPARTMENT HEAD _ _//~.,~ CITY A TTORN F~'~ CITY MANAGER SUBJECT: Accept bid to award annual contract to Gilliam & Sons, Incorporated, not to exceed $320,000.00, for earthmoving and hauling. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This type contract has been used for over ten (10) years by various departments when earthwork requires heavy duty scrapers, loaders, and dump trucks, with and without operators. Bid packages were sent to eleven (11) vendors and the project was advertised in The Bakersfield Californian. Two (2) complete bids were received on May 9, 2003. The Iow bid was provided by Gilliam & Sons, Incorporated. Purchasing Division DW:Ijm P:~ADMIN~2003 ADMIN\C03_0611 _B_AC Earthmoving & Hauling.doc May 30, 2003, 10:54AM ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: 6. 9' TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 30, 2003 APPROVED SUBJECT: Accept bid to award annual contracts to Target Specialty Products, Wilbur-Ellis Company, and Univar USA, Incorporated, not to exceed $158,000.00, for chemical insecticides and herbicides for the Parks and Water Resources departments. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: These contracts will be used by the Parks and Water Resources departments for control of insects and weeds on City property. City department personnel estimate the quantities and types of chemicals that may be required for the upcoming year. Actual quantities are not known until the need arises. Three (3) bids were received. Unit prices were compared to determine the Iow bidders, and the City can best be served by splitting the award among three (3) contracts. Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03_061 I_C_AC Chemicals-Insecticides-Herbicides.doc May 30, 2003, 8:47AM ADMINISTRATIVE REPORT IMEETING DATE: June 11,2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2003 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Reject all bids to resurface Jefferson Park Tennis and Basketball Courts. (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Three (3) bids were received May 7, 2003, however, none met the requirements of the project. Staff recommends the bids be rejected, and the project readvertised. Purchasing Division DW:Ijm P:~,DMIN~003 ADMIN\C03_061 l_A_Jefferson Park Resurface REJECT BIDS.doc June 3, 2003, 4:10PM RE VISION ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Consent Calendar IITEM: ~. ~., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 27, 2003 /~PROVED DEPARTMENT HEAD CITY ATrORNEY ~-~ CITY MANAGER. Rebate from California Energy Commission for "Cool Roof" at Police Department ($2,460). RECOMMENDATION: Staff recommends acceptance of rebate check. BACKGROUND: In December 2002, the roof on the main portion of the Police Department Building was replaced. In an effort to install the best possible roof and help conserve energy, a qualified "Cool Roof" was specified and installed. General Services applied for a rebate from the California Energy Commission under the guidelines developed under the "Cool Roof" rebate program. The Sacramento Tree Foundation is the administrator of this program. After reviewing our application, materials list, and installation, the Foundation approved a rebate of $2,460. (Typist's Initials lower case) May 27, 2003, 3:47PM G:\GROUPDA3"~ADMINRP~2003\06-11\Cool Roof Rebate Check Admin.doc ADMINISTRATIVE REPORT MEETING DATE June 11, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. b~j. TO: FROM: DATE; SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief May 29, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY ' CITY MANAGER Appropriate $306,000 from Office of Emergency Services to the General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid assignments. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Bakersfield Fire Department was involved in numerous Strike Teams in the summer of 2002. The total amount to be reimbursed from Office of Emergency Services will be $427,561.42. Of this amount. $306,000 will be appropriated to the Fire Department to reimburse actual overtime costs. The remainder will remain as General Fund Revenue. The majority of this reimbursement is for the McNally Fire - $383,000. Other fires attended were Copper, Inyo cbmplex, Williams, Wildwood, Curve and Boreal. sc May 29, 2003, 12:36PM S:\SUSAN~Admin Report Word~ADMINFORM.dot ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Hearings ITEM: ~, CL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 3, 2003 AP~r/'/~ED DEPARTMENTHEAD CITY ATTORNEY ~ ClTY MANAGER Public hearing to consider residential refuse rate increases for fiscal year 2003/04 (2.5% proposed rate increase). (All Wards) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: State law requires new fees and charges as well as increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. A notice of the proposed rate increase and the public hearing was mailed to each of the property owners in the City. Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be increased from $144 per unit to $147.60 per unit per year (an increase of 2.5%). The multi-family rate is proposed to be increased from $130.32 per unit per year to $133.58 per unit per year. The increase covers inflation and operating cost increases in contracts with our haulers, maintenance costs, and costs for greenwaste carts and recycling equipment to meet the state recycling mandates. The last refuse rate adjustment was two years ago. According to Proposition 218, if written protests against the proposed fee are presented by a majority of the identified parcels, the City shall not charge the annual proposed fee. If written protests against the proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the proposed fee. The proposed fees would become effective July 1,2003. PW_Solid Waste June 3, 2003, 4:35PM G:\GROUPDAT~ADMINRP3~2003~06-11\Residential Refuse Hearing.doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Hearings ITEM: q. b. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: April 4, 2003 CITY ATTORNEY .~ ~"~ CITY MANAGER SUBJECT: Public hearing to consider commercial refuse rate increase for fiscal year 2003/04 (2.5% proposed rate increase). (All Wards) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: State law requires new fees and charges as well as increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. Pursuant to Chapter 8.32 of the Bakersfield Municipal Code, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably incurred from fees and charges levied. This public hearing provides the mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. The last refuse rate adjustment was two years ago. Commercial Solid Waste rates for FY 2003-04, reflect a 2.5% increase in rates for the various services. This increase covers cost-of-living adjustments included in contracts with haulers, maintenance costs, and costs for street sweeping and commercial wood waste recycling. The proposed fees would become effective July 1, 2003, May 23, 2003, 9:02AM S:\FILING\100 ADMiN\Financial\Budget\FY 03-04~Admin Rpt_CommerciaLdoc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Hearings ITEM: q. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 3, 2003 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER .APPROVED . Protest hearing as required by Resolution of Intention No. 1297 regarding the street landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2003-2004 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1297 on May 14, 2003, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2003-2004 street landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 11, 2003. Approximately 28,700 notices were sent out with street landscaping assessments. Street landscaping assessment rates were not increased for the 2003-2004 fiscal year. Assessment rates have not been increased since 1996. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the street landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2003-2004 Consolidated Maintenance District street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1297 is on file in the City Clerk's office. Lvd June 3, 2003, 4:29PM G:\G ROUPDAT~AOMIN RP'r~o03~06.1 l\CMD03HrgSt.doc ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 AGENDA SECTION: Hearings ITEM: q, (~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 3, 2003 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER A,/P,~OVED Protest hearing as required by Resolution of Intention No. 1298 regarding the park landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2003-2004 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1298 on May 14, 2003, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2003-2004 park landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 11, 2003. Approximately 15,150 notices were sent out with park landscaping assessments. Park landscaping assessment rates were not increased for the 2003-2004 fiscal year. Assessment rates have not been increased since 1996. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. This Resolution confirms the 2003-2004 Consolidated Maintenance District park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1298 is on file in the City Clerk's office. Lvd June 3, 2003, 4:20PM G:\G ROU PDAT~A DMIN R pT~2003~06-1 l\CMD03HrgPk,doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 29, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER .7~¥~OVED Traffic Signal Maintenance Districts. 1. Protest hearing as required by Resolution of Intention No. 1299 regarding the assessments for eight (8) Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's report for eight Traffic Signal Maintenance Districts and the 2003-2004 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Wards 1, 3, 4 and 5) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1299 on May 14, 2003, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2003-2004 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 11, 2003. Traffic signal assessment rates were not increased for the 2003-2004 fiscal year. Fifty nine (59) notices were sent out. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2003-2004 Traffic Signal Maintenance District assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1299 is on file in the City Clerk's office. Lvd May 28, 2003, 5:32PM S:~PROJECTS\MAIN DIST~TRAFSIG~Admin\TS03HrgAII,dot ADMINISTRATIVE REPORT MEETING DATE: June 11,2003 AGENDA SECTION: HEARINGS ITEM: q, ~c-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director June 4, 2003 DEPARTMENT HEAD CITY A'I-I'ORNEY CITY MANAGER APPROVED Consideration of a Disposition and Development Agreement with Parkview Cottages, LLC and Parkview Builders, LLC, to carry out the purposes of the Redevelopment Project, for property bounded by 23rd Street on the north, "R" Street on the west, Kern Island Canal on the east and 21st Street on the south. RECOMMENDATION: Staff recommends conducting the hearing and adopting the resolution by a 2/3 vote. BACKGROUND: This is an important redevelopment urban housing project for the City of Bakersfield and our downtown· There is great interest from the community in affordable quality downtown housing and a waiting list of potential buyers is established. Councilmember Benham has strongly supported this housing concept and it was envisioned by the community in the Downtown Charrette and in Vision 2020. The families purchasing these homes will be within walking and bicycle distance to many of our major government, education, civic, retail and entertainment features downtown. Construction is expected to begin this summer. In September 2002, the Agency authorized the acquisition of approximately 7.5 acres north of Central Park for the purpose of encouraging the development of quality affordable single family housing in the downtown. Staff prepared a Request for Proposal and received two housing proposals. Staff selected the proposal provided by Mr. Greg Petrini based on experience, quality of product, financial capacity and lesser amount of financial assistance requested from the Agency. Staff has been negotiating a development agreement with Mr. Greg Petrini, for the development and construction of 74 urban craftsmen style homes on this parcel. Staff has also obtained the proper zoning and Planned Urban Development entitlements required for this housing development during the negotiations. The negotiated terms detailed in the attached Summary Report were the result of the project financial economics and the project quality standards. The Redevelopment Agency approved the Disposition and Development Agreement on June 9, 2003. Below are the key deal points of the agreement: Mr. Petrini formed two entities for this project; Parkview Cottages, LLC and Parkview Builders, LLC. These two entities will be responsible for the development, construction and sale of 74 new homes proposed for this site.: S:~Admins\City Council\Parkview cottages.doc 6/4/2003 9:14 AM ADMINISTRATIVE REPORT Page 2 > Mr. Petdni formed two entities which are; Park view Cottages, LLC and Parkview Builders, LLC. Both entities will be parties to the agreement with the Redevelopment Agency, The Redevelopment Agency will convey the 7.5 acre site to the developer by July 15, 2003 for $1.00 (value established by reuse appraisal). The developer will construct and sell 74 urban two stow cottage homes ranging in size from 1300 square feet to 1700 square feet on 2000 square foot urban lots. 35 of the new homes will be reserved for families whose incomes do not exceed 80% of median income and the balance will be reserved for families whose incomes do not exceed 120% of median income. The project will include extensive landscaping, hedges and a park area with a water feature. The development will require a "Homeowner Association" to assure continued maintenance of the residential community. The developer will post the required performance bonds and provide evidence of construction financing prior to the conveyance of the property. The developer assumes all responsibility for construction and sale of the homes. The project could generate approximately $3.8 million dollars of net tax increment to the Agency's Old Town Kern Redevelopment Project Area over the next 30 years. This value is based on a modes 2% annuat inflation factor. Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of property acquired directly or indirectly with tax increment funds, the agency must sell the property for not less than the fair market value at its highest and best use in accordance with the redevelopment plan, or at a price not less than the fair reuse of the proposed use and with the covenants, conditions and development costs authorized by the sale. A summary report in the format required by Section 33433 has been attached that reflects that the Agency's sales price of $1.00 for the property is not less than the fair reuse value for the proposed use and with the required covenants and restrictions.. The development agreement calls for the Agency to sell the land to the developer for $1.00. This value is outlined in the attached project financial "Summary Report" and validated in the enclosed reuse appraisal that is based on the proposed use. Staff recommends approval of the Disposition and Development Agreement with Parkview Cottages, LLC and Parkview Builders, LLC. S:~Admins\City Council\Parkview cottages.doc 6/4/20039:14 A M ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 IAGENDA SECTION: Hearing ITEM: ~' 9' TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: June 11,2003 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Public Hearing for the FY 2003-04 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: Each year a public hearing is required to receive public comment prior to adoption of the budget. The FY 2003-04 Operating Budget is proposed at $324,132,509 which includes a $289,118,128 Operating Budget, a $7,509,781 Bakersfield Redevelopment Agency Budget and a $27,504,600 Capital Improvement Budget. Final adoption of the budget is scheduled for June 25, 2003. Prior to this public hearing, individual department budget presentations were made to the Coundl on May 14, 2003, May 19, 2003, May 28, 2003, June 2, 2003 and June 11,2003. Responses to Coundl budget questions resulting from the budget presentations were forwarded to each Council member. DWH:jp 6/3/2003 7:55 AM S:\03-O4Budpro\OpClPBRABudget Hearings 061103.doc ADMINISTRATIVE REPORT MEETING DATE: June 11, 2003 IAGENDA SECTION: Reports ITEM: ~0. £~. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: June 5, 2003 CITY ATI'ORNEY CITY MANAGER SUBJECT: Ambulance Rate Review: 1. Ambulance Rate Modification Study update. 2. Consideration of Emergency Ordinance amending Bakersfield Municipal Code section 5.10.120 related to Ambulance Service Charges. 3. Continuance of ambulance rate review effective date. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: At the April 30~h Council meeting the City retained the consulting firm of Health Analytics to perform a rate modification study to analyze the rate increase requested by Hall Ambulance Co. It was staff's intent to have the consultant present the report at the June 11th Council meeting for Council review and comment and to provide for further discussion and potential action on the proposed rates at the June 25th Council meeting. Health Analytics has been working with Hall Ambulance Company representatives to complete the study over the past 30 days. While the required information has been exchanged between Hall Ambulance and the consultant, the work to complete the study has been delayed due to the time required by the consultant and Hall Ambulance to access, review and confirm the large volume of information needed for the study and to clarify technical data and information to make sure there are no misunderstandings and to perform the required analysis. The consultant has indicated that the study is progressing but may not be completely finished for the June 11th Council meeting. In the event the completed study is not available, portions of the study which are expected to be completed such as the ambulance rate survey information and information such as the impact of Medicare rate changes on ambulance rates would be presented to the Council at this meeting by the consultant. Should the complete Ambulance Rate Study not be available the remaining portion of the Study would be presented at the June 25th Council meeting. Because the study has been delayed, staff has received a request from Hall Ambulance to extend the ambulance rate review period beyond the 90 days provided in the Municipal Code to provide adequate review time of the study by Hall, City staff and the City Council. In order to extend the review period the Council would need to amend the Municipal Code. ADMINISTRATIVE REPORT Staff has prepared an emergency ordinance which would provide authority for the City Council to determine that should the Ambulance Rate Modification Study be delayed due to unforeseen circumstances and upon a request by the ambulance provider(s) the Council may continue the effective date of the schedule of ambulance service charges in order to receive and review the completed Ambulance Rate Modification Study. In accordance with Section 23 of the Charter of the City of Bakersfield, a two-thirds affirmative vote of the City Council (5 affirmative votes) is required to enact this ordinance as an emergency ordinance. In the event the Council adopts the emergency ordinance which provides the ability to continue the effective date for the rate review, item three above may be considered, to extend the effective date beyond June 30th.