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HomeMy WebLinkAbout07/19/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA JULY 19, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Molina v City. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(B) of Government Code Section 54956.9. (One case regarding incident at The Park at Riverwalk on July 1, 2006) RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Reverend Janel! Mahoney, First Congregational Church. 7. PLEDGE OF ALLEGIANCE by Gabby Claggett, 4th Grade Student at Centennial Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Certificates to the Number 1 ranked graduates in the Kern High School District. b. Presentation by Mayor Hall of Certificates to Frutivale Junior High National History Day Gold Medal winners. 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 21 , 2006, Regular City Council Meeting. Payments: b. Approval of department payments from June 9, 2006 to July 7, 2006 in the amount of $19,723,523.18 and self-insurance payments from June 9, 2006 to July 7, 2006 in the amount of $374,377.03. Ordinances: c. First Reading of Ordinance amending Section 15.82.060 of the Municipal Code relating to the fee for park development and improvement. (Ward 3) d. First Reading of Ordinance amending Municipal Code Section 1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. (Ward 5) 12. CONSENT CALENDAR continued e. (Ward?) (Ward 5,6)' * - upon annexation First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-08) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to PUD (Planned Unit Development) on 30.63 acres generally located on the southwest corner of Ming Avenue and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc.) (ZC 06-0332) Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R-1 (One-Family Dwelling) to PUD (Planned Unit Development) on approximately 5 acres located at the northeast corner of Stine and Berkshire Roads. (ZC 05-1455) (Lynx Realty & Management, representing William & Geraldine Skaggs) (FR 06/21/06) Adoption of Ordinance approving Notice of Exemption and amending Section 17.06.020 (Zone Map Nos. 122-16, 21, 22 & 23) of the Municipal Code by changing the zoning from A- 20A (Agriculture 20 Acre Minimum Lot Size) to E (Estate-One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 159.67 acres; C-1 PCD (Neighborhood Commercial-Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers-Planned Commercial Development & Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres located on the north side of Panama Lane between S. Allen Road and Nord Avenue. (ZC 06-0321) (Mcintosh & Associates, representing SunCal Companies) (McAllister Ranch) (FR 06/21/06) Resolutions: f. g. h. Resolution in opposition to the Oil Tax Initiative, a Statewide Ballot proposal also known as the Clean Alternative Energy Act. i. Resolution requesting the State Legislature amend State laws pertaining to Safe Zones. (The Safe Neighborhoods and Community Relations Committee) j. Property Abatements: 1. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of assessments by the Kern County Tax Collector. 2. Resolution confirming approval by the Assistant City Manage of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which structures have been secured against entry or for abatement of weeds, debris and waste matter and authorize collection of assessments by the Kern County Tax Collector. k. Delinquent Sewer User Charges: 1. Resolution providing for establishment of separate special assessment funds for Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the collection of delinquent sewer charges. 2. Resolution authorizing the Kern County Tax Collector to collect said charges. 2 (Ward 2) (Ward 5) (Ward 5) (Ward 4) (Ward 5) (Ward 3) (Ward 3) (Ward ?) (Ward 1) (Ward 6) (Ward 5) (Ward 1) 12. CONSENT CALENDAR continued I. Delinquent Refuse User Charges: 1. Resolution providing for establishment of a separate special assessment fund for Solid Waste to be added to the property tax roll for the collection of delinquent prorated refuse charges for new services previously billed. 2. Resolution authorizing the Kern County Tax Collector to collect said charges. Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 1, 3, 4 & 7 and requesting consolidation with the County of Kern State-wide General Election to be held on Tuesday, November 7, 2006. Resolution adding territory, Area 4-58 (16th, Myrtle SE) 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. m. n. o. Resolution of Intention No. 1361 to add territory, Area 3-50 (Harris, Progress NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1413 to add territory, Area 3-52 (Panama, Mountain Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1461 to add territory, Area 1-61 (Etchart, Verdugo SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1462 to add territory, Area 3-49 (Old River, Pacheco SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1463 to add territory, Area 4-56 (Kern Canyon, Vineland ) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1464 to add territory, Area 4-57 (Vineland, Highlander SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1465 to add territory, Area 5-27 (S. Union, Hosking SE#2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1467 to add territory, Area 5-28 (Planz, Hale SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1468 to add territory, Area 3-48 (Panama, Ashe SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1469 to add territory, Area 3-51 (Harris, Mountain Vista SE to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1470 to add territory, Area 5-29 (Hale, Filson SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. q. r. s. t. u. v. W. x. y. 3 12. CONSENT CALENDAR continued (Ward1,3,4,6)' Z. (Ward 2,3,4,5) bb. * - upon annexation Resolution approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 492 consisting of 80.98 acres located west of Miramonte Drive, generally south of State Highway 178. 2. Annexation No. 510 consisting of 126.68 acres located south of Olive Drive, west of State Freeway 99. 3. Annexation No. 522 consisting of 60.77 acres located south of Rosedale Highway, west of EI Toro Viejo and east of Calloway Drive. 4. Annexation No. 523 consisting of 33.01 acres located north of east Hosking Avenue, between South Union Avenue and Cottonwood Road. 5. Annexation No. 530 consisting of 77.56 acres located at the northwest corner of Gosford Road and Taft Highway. 6. Annexation No. 531 consisting of 96.07 acres located north of Stockdale Highway, generally west of Renfro Road. 7. Annexation No. 554 consisting of 66.69 acres located west of Jewetta Avenue, east of Calloway Canal and north of Snow Road. 8. Annexation No. 556 consisting of 32.29 acres located west of Stine Road, south of Taft Highway and east of Farmer's Canal. aa. Revised job specification, changes to salary schedule and title change: 1. Amendment NO.2 to Resolution NO.78-06 setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Special Events Manager, Rabobank Arena. 2. Revised job specification for Director of Booking and Events position. 3. Change of Title for Director of Booking and Events to Special Events Manager, Rabobank Arena. Agreements: Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with R S & B Land Development for Tract 5923 Phase 4 located on the intersection of Chase Avenue and Mesa Marin Drive. 2. Final Map and Improvement Agreements with Fairway Oaks South, LP. for Tract 6079 Unit 5 located South of Southern Pacific R.R. on Mountain Vista Road 3. Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6149 Phase 8 located on Highway 178 West of Miramonte Drive. 4. Final Map and Improvement Agreements with K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 1 located on the intersection of Panorama Drive and Masterson Street. 5. Final Map with "Q" Street Investments, LLC for Tract 6538 located on the intersection of 36th Street and "Q" Street. 6. Final Map and Improvement Agreements with Castle & Cooke California, INC for Tract 6681 located on the intersection of Ming Avenue and Grand Lakes Avenue. 4 (Ward 5) (Ward 4) (Ward 6) (Ward 3) (Ward 4) (Ward 7) (Ward 2) 12. CONSENT CALENDAR continued Agreement with D. R. Horton Los Angeles Holding Company, Inc. ($145,000) to purchase real property located west of Old River Road, north of Harris Road for a water well site. Agreement with Kern River Public Access Committee ($492,525) to purchase real property located east of Coffee Road on the south side of Brimhall Road (extended) for the Westside Parkway. ee. Assignment of Pipeline License Agreement No. 92-10 from Duke Energy Field Services LP to Oildale Energy LLC. cc. dd. If. Agreement with County of Kern to reimburse direct labor cost incurred related to the development of projects for the Thomas Roads Improvement Program (TRIP) on County lands (unspecified amount). gg. Agreement with William Avery & Associates (not to exceed $150,000) for executive search services. hh. License Agreement with Kern County Water Agency for the northwest pipeline, turnouts and controls within One Ditch Canal near Coffee Road. II. Agreement with Greater Bakersfield Convention and Visitors' Bureau for the purpose of promoting the City. Reimbursement agreement to develop Weston Park located at the southwest corner of Stine Road and McKee Road. 1. Agreement with Lennar Homes of California, Inc. ($502,350) to develop park. 2 Appropriate $502,350 Fund Balance within the Capital Improvement Budget of the Park Improvement Fund (Southwest Zone 1-lmprovement Funds). Purchase of real property located north of Paladino Drive, east of Valley Lane for park site. 1. Agreement with Barcelona LLC ($89,000) for purchase of said real property. 2. Appropriate $94,000 Fund Balance within the Capital Improvement Budget of the Park Development Fund (Northeast Zone 3-Acquisitions Funds). Calloway Canal Box Culvert and Relocation of the Friant Kern Canal Project. 1. Reimbursement Agreement with Lennar Homes ($93,000) to construct improvements on Olive Drive and Calloway Drive. 2. Reimbursement Agreement with McMillin Homes ($27,418) for construction costs of block walls and gates near the intersection of Olive Drive and Calloway Drive. 3. Appropriate $340,000 Transportation Development Fund balance to the Capital Improvement Budget to fund Reimbursement Agreements and other project costs. mm. Cooperative Agreement with the State of California Department of Transportation for proposed interchange on State Route 99 at Hosking Avenue. jj. kk. II. nn. Agreement with GC Environmental, Inc. (not to exceed $507,508) for landfill gas system services for four year term. 00. Agreement with Dokken Engineering ($4,413,674) for design consulting services for Phase I of the Westside Parkway Project (Mohawk Street from Rosedale Highway to Truxtun Avenue). 5 ....- .__. .-....-. -"--'--~"'-------'" ---_.-- -'. 12. CONSENT CALENDAR continued (Ward 1) (Ward 2) (Ward 5,6)' (Ward 3) (Ward 3) (Ward 4) (Ward 6) pp. Consultant Agreements for Improvement Plan and Final Map Review. 1. Agreement with Boyle Engineering Corporation (not to exceed $150,000) for improvement plan, final map and maintenance district consulting services. 2. Agreement with Harris and Associates (not to exceed $100,000) for improvement plan and final map consulting services. Agreement with Greenfield Housing, L.P. ($300,000 HOME Investment Partnership Community Housing Development Organization (CHDO) funds) to construct 35 affordable single family rental units at the southwest corner of Fairview Road and South Union Avenue. qq. rr. ss. II. uu. Agreement with Quad Knopf, Inc. to sublease office space at 900 Truxtun Avenue. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 05-1420 generally located on the southeast corner of Taft Highway and Buena Vista Road. 1. Agreement with Bakersfield-Taft, LLC ($273,248) for the preparation of an EIR and appropriate $205,450 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with Impact Sciences, Inc. Consulting ($205,450) to prepare EIR. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-0961 (Riverview-Section 21) generally located east of Kern Canyon Road, west of Comanche Road, and north of future extension of Jaunt Road. 1. Agreement with SKY 21, LLC and North East 21 Ventures, LLC ($195,000) for preparation of EIR and appropriate $150,000 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($150,000) to prepare EIR. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-0962 generally located southeast of Kern Canyon Road, north of Breckenridge Road. 1. Agreement with Bakers Hill, LLC ($195,000) for preparation of EIR and appropriate $150,000 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($150,000) to prepare EIR for GPA No. 06-0962. vv. Amendment NO.1 to Agreement No. 03-203 with California Water Service Company to include a treated water filtration plant in the Joint Use of Water Facilities at City of Bakersfield Station 1.208 located at the corner of Coffee and Norris Roads. ww. Amendment NO.1 to Agreement No. 05-122 with the State of California Department of transportation (Caltrans) to transfer maintenance and operation of new signal at Ming Avenue and State Route 99 southbound on-ramp from Caltrans to the City. xx. Amendment NO.5 to Agreement No. 97-283 with SunGard HTE ($145,900) to provide customized programming services to improve synchronization of the HTE File with Kern County Assessor's data. yy. Amendment NO.1 to Agreement No. 05-262 with Jim Alfter Cement Contractor ($900,000 revised total not to exceed $1,800,000) and extending term for one year for the annual contract for concrete construction. 6 12. CONSENT CALENDAR continued Bids: (Ward 3) Reject bid for storm drain improvements north of Hageman Road from Coffee Road to Patton Way. aaa. Accept bid and award annual contract to Ameripride Uniform Services, (not to exceed $650,000) for industrial laundry service. bbb. Accept bid from Central Valley Truck Center ($456,880.72) for two additional automated side loaders. ZZ. (Ward 6) ccc. Accept bid and award annual contract to Kern Sprinkler Landscaping, Inc. (not to exceed $175,000) for landscape and irrigation service. ddd. Accept bid and award contract to Pestmaster Services, Inc. (not to exceed $118,300) for chemical application. eee. Accept bid and award contract to Loop Electric ($111,685) for traffic signal and lighting system installation on Panama Lane at Ashe Road. fff. Pavement Reconstruction Project for Federal Fiscal Year 2005/2006 - Various Locations 1. Accept bid and award contract to Griffith Company ($2,870,348) for construction of project. 2. Appropriate $526,634 Federal Surface Transportation funds and $70,000 Gas Tax fund balance to the Capital Improvement budgets within the ISTEA Fund and the Gas Tax Fund, respectively. (Ward 3) Miscellaneous: (Ward 2,3 & 5) ggg. Appropriate $20,000 contribution from First 5 of Kern to the General Fund in the Recreation & Parks Department Operating Budget for a mini-grant to provide and install playground safety surfacing at Campus North, Quailwood, Yokuts and University Parks. hhh. Appropriate $69,210 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. (Ward 3) Appropriate $20,000 Developer Share EIR Trust Revenues to the Planning Department operating budget within the Development Service Fund for consulting services to provide assistance in processing concurrent applications and Environmental Impact Reports for GPAlZC Nos. 06-0961 (Riverview-Section 21) and 06-0962 (Watermark-Section 29). jjj. Acceptance of 2004-05 Transportation Development Act Funds Financial Statements. kkk. Revised job specification for Network Systems Analyst position. iii. III. Revised job specification for Development Associate position. mmm. Audit Reports related to City transportation programs: 1. California Department of Transportation Examination of Indirect Cost Rate Proposals for the Department of Public Works. 2. California State Controllers Office Gas Tax Fund Audit Report. nnn. Appointment of League Voting Delegate and Alternate at Annual Conference. (Legislative & Litigation Committee) 000. 2006 Legislative Platform (Legislative & Litigation Committee) Staff recommends adoption of Consent Calendar items a through 000. 7 13. CONSENT CALENDAR HEARINGS 14. HEARINGS a. Public Hearing to consider street cut workmanship and performance fee increase from $9.60 per lane-foot to $17.50 per lane-foot. 1. Resolution approving and adopting an adjustment to the street cut workmanship and performance warranty fee. 2. First Reading of Ordinance amending Municipal Code Section 12.16.150 by adding Subsection C relating to the imposition of the street cut workmanship and performance warranty fee. Staff recommends adoption of resolution and give first reading to ordinance. :Ward ?) a_ Public Hearing to consider appeal by Leroy Petty of the Building Director's decision concerning construction of a carport at 3309 Spring View Street. 1. Resolution upholding the Building Director's decision requiring the applicant to apply for a zoning modification with the Planning Department and comply with the Board of Zoning Adjustment's ruling within 10 days or, if a zoning modification is not pursued, remove the carport within 30 days. Staff recommends adoption of resolution. 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, ~ Ian Tandy ..(t. City Manager 7/13/06 10:00am 8 AGENDA HIGHLIGHTS JULY 19, 2006 COUNCIL MEETING CLOSED SESSION There will be a conference with legal counsel regarding one case of existing litigation and one case of potential litigation. CONSENT CALENDAR Ordinances Item 12c. First ReadinQ of an Ordinance AmendinQ the Municipal Code RelatinQ to the Fee for Park Development and Improvement. This revision would allow the Fee for Park Development and Improvement to be automatically adjusted by the Construction Cost Index (CCI). This ordinance change will change how tracts now vest under the Fee for Park Development and Improvement. New tracts will vest under the park development fee in effect when the tentative map application is deemed complete, as adjusted by the CCI. Item 12e. First ReadinQ of an Ordinance ApprovinQ a NeQative Declaration and AmendinQ the Municipal Code bv ChanQinQ the ZoninQ from an R-2 (Limited Multiple Familv DwellinQ) Zone to a P.U.D. (Planned Unit Development) Zone on 30.63 Acres Generallv Located on the Southwest Corner of MinQ Ave and Gosford Road. Mcintosh & Associates, representing Castle & Cooke California, Inc., proposes this action to allow innovative residential design of 217 homes. On May 18,2006, the Planning Commission held a public hearing when two residents from surrounding neighborhoods voiced concerns about increased traffic in the Ming and Gosford intersection. The Commissioners continued the public hearing until June 1, 2006 to allow Public Works time to respond to these concerns. At the June 1, 2006 meeting, the same two residents spoke again, as did Roger Mcintosh on behalf of the applicant. Mr. Mcintosh explained that a synchronization study had been performed which showed that the signal would not impede traffic. Based on that and a report by Public Works, the Planning Commission voted to recommend approval of the zone change and approval of the negative declaration to the City Council. The proposed zone change is compatible with the existing land uses. Resolutions Item 12h. Resolution in Opposition to the Oil Tax Initiative. a Statewide Ballot Proposal also known as the Clean Alternative EnerQv Act. Organizers of an Oil Severance Tax Initiative hope to have it placed on the November 2006 ballot. Council member Harold Hansen requests that this item be placed on the City Council agenda for consideration. Those opposed to the initiative claim it produces three major negative impacts: 1) Higher prices at the gas pump and greater dependence upon foreign oil, 2) A new state bureaucracy with no accountability to taxpayers, and 3) Cuts in existing revenues to schools, law enforcement, and local governments. They also claim it will have significant impacts upon Kern County oil production and related businesses. The proposal would produce an estimated $4 billion in severance taxes. It also exempts itself from Proposition 98 requirements, which sets a dangerous precedent that could be used to erode education funding protections in the future. Agenda Highlights July 19, 2006 Page 2 Kern County community groups opposed to the tax include: Kern County Board of Supervisors, Kern County Taxpayers Association, Greater Bakersfield Chamber of Commerce, Kern County Farm Bureau, Kern County Hispanic Chamber of Commerce, and Kern Law Enforcement Association. Item 12;. Resolution Reguesting the State Legislature to Amend State Laws Pertaining to Safe Zones. In 1993, the State legislature enacted the Street Terrorism Enforcement and prevention (STEP) Act, which makes it a crime to participate, promote, further, or assist in any criminal conduct related to street gangs. Further, the Gang Violence and Juvenile Crime Prevention Act was enacted that provides that any criminal street gang who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that gang is guilty of conspiracy to commit that felony." The STEP Act adds enhancements for a set of enumerated crimes. Specifically, the Penal Code adds a sentence enhancement for committing a gang-related crime within 1,000 feet of any school while minors are present. City parks are also an area where minors are often present and should be afforded the same protection as schools. The Safe Neighborhoods and Community Relations Committee recommends that Council adopt this Resolution amending the Penal Code to add "state, county and local parks" as areas which will result in sentence enhancements if gang-related crimes are committed there. Aareements Item 12ft. Aareement with Kern Countv to Reimburse Direct Labor Cost Incurred Related to the DeveloDment of Proiects for the Thomas Roads ImDrovement Proaram (TRIP) on Countv Land. TRIP activities include projects in which the County will assist the City in their development, design and construction. County staff costs should be charged to the Federal Highway Administration Funds, and will be included in billings to Cal Trans. Payment will be made to the County only after the approval and payment of that billing by the State. Item 12mm. CooDerative Aareement with Cal Trans for the ProDosed Interchanae on State Route 99 at Hosking Avenue. Currently, Hosking Avenue crosses State Route 99 with an overpass having no access to State Route 99. The proposed improvements require a Cooperative Agreement with Cal Trans. The City will be the lead agency for the project authorization, environmental documentation, design and construction of the proposed interchange. The City is required to fund 100% of the costs and Cal Trans will provide project oversight. This agreement requires no monetary exchange between the City and Cal Trans. Item 1200. Desian Consultant Aareement with Dokken Enaineerina for Phase 1 of the Westside Parkwav Proiect (Mohawk Street from Rosedale Highwav to Truxtun Avenue) in the amount of $4.413.674. Phase 1 of the Project includes the construction of Mohawk Street from Rosedale Highway to Truxtun Avenue and includes bridges over the Kern River, Cross Valley Canal, the interchange with the future Westside Parkway, and the grade separation with the Burlington Northern and Santa Fe Railroad. Six firms responded to the Request for Qualifications. Based on a review of the submittals, the selection committee invited three of the firms to interview. Based upon both criteria, the selection committee concluded that Dokken Engineering was the most qualified firm to provide design services for Phase 1 of this project. In accordance with federal procurement procedures for these types of services, after Dokken Engineering was selected as the most qualified firm, their cost for providing these services was then negotiated. This agreement requires that Dokken deliver the completed plans to bid the project by the summer of 2007, at which time it is planned to advertise the project for construction bids. Agenda Highlights July 19, 2006 Page 3 Item 12qq. Aareement with Greenfield Housina, L.P. for $300.000 HOME Investment Partnership Community Housina Development Oraanization (CHDO) Funds to Construct 35 Affordable Sinale-Familv Rental Units at the Southwest Corner of Fairview Road and South Union Avenue. Golden Empire Affordable Homes, Inc., II is a qualified local CHDO for FY 2006/07 and managing partner for Greenfield Housing, L.P. As managing partner, the CHDO will hold valid legal title to the property. The Housing Authority of the County of Kern (HACK) will operate and maintain the project on behalf of the CHDO. The project is part of an approved subdivision. Construction is anticipated to begin by the end of this summer, with completion by late 2007. The HOME CHDO funds would be loaned at 3% interest and repaid from residual receipts. The note will be secured by a Deed of Trust for a term of 20 years. Item 12ss. Aareements Related to an Environmental Impact Report for General Plan AmendmenVZone Chanae on Approximatelv 305 Acres Located on the Southeast Corner of Taft Hiahwav and Buena Vista Road. Bakersfield-Taft, LLC is proposing the development of a master planned community consisting of approximately 1,100 residential units, commercial development, and supporting infrastructure. They will pay all costs associated with the preparation of the EIR. The total cost of the EIR is $273,248.50, which consists of $205,450 for consulting services and $67,798.50 to reimburse the City for its costs in managing the project. Item 12ft. Aareements Related to an Environmental Impact Report for a General Plan AmendmenVZone Chanae on Approximatelv 634 Acres Generallv Located East of Kern Canvon Road (State Route 184), West of Comanche Road. and North of the Future Extension of Jaunt Road. SKY 21, LLC and North East 21 Ventures, LLC are proposing the development of a master planned community consisting of approximately 3,535 residential units, including a variety of housing densities from low-density residential to high-density. They will pay all costs associated with the preparation of the EIR. The total cost of the EIR is $195,000, which consists of $150,000 for consulting services and $45,000 to reimburse the City for its costs in managing the project. Item 12uu, Aareements Related to an Environmental Impact Report for a General Plan AmendmenVZone Chanae on Approximatelv 640 Acres Generallv Located Southeast of Kern Canyon Road (State Route 184). North of Breckenridae Road. Bakers Hill, LLC is proposing the development of a master planned community consisting of approximately 2,850 residential units. They will pay all costs associated with the preparation of the EIR. The total cost of the EIR is $195,000, which consists of $150,000 for consulting services and $45,000 to reimburse the City for its costs in managing the project. Item 12yy. Amendment NO.1 to Aareement No. 05-262 with Jim Alfter Cement Contractor for the Annual Contract for Concrete Construction in an amount not to exceed $900.000 (revised not to exceed amount of $1,800,000) and to Extend the Term for One Year. The original agreement was approved by Council in July, 2005. That agreement allowed for a one-year extension, given the agreement of all parties. Bids Item 12bbb. Award Contract to Central Vallev Truck Center for Two Additional Automated Side Loaders in the amount of $456,880.72. The City of Fresno awarded a bid to Central Valley Truck Center, Fresno. The bid has provisions for other governmental agencies to piggyback on the bid, and the supplier has agreed to extend the bid price for the side loaders to the City of Bakersfield. This allows the City to obtain the necessary equipment, and save staff time and effort required if this item were to be bid. Item 12eee. Award Contract to Griffith Company for the Pavement Reconstruction Proiect for Federal Fiscal Year 2005/2006 in the amount of $2,870,348. This project consists of reconstruction of Mount Vernon Avenue from University Avenue to Panorama Drive; and Columbus Street from Haley Street to Mount Vernon Avenue. This project is funded 88.53% by Federal Surface Transportation Program Agenda Highlights July 19, 2006 Page 4 (STPL) funds with the local match of 11.47% coming from the Gas Tax Fund. Additional appropriations are needed to fully fund this project. Three acceptable bids were received. Staff recommends award to Griffith Company. Miscellaneous Item 12000. 2006 Leaislative Platform. Current legislative concerns are captured in the City's Legislative Platform, which identifies the City's legislative priorities for the year. The Legislative and Litigation Committee met on June 20, 2006 and added two paragraphs regarding: 1) efforts to ensure a clean, high-quality water supply; and 2) prevent local water from leaving Kern County. The Legislative and Litigation Committee recommends approval of the proposed 2006 Legislative Platform. HEARINGS Item 14a. Street Cut Workmanship and Performance Fee. All payment warranty fees received are expended solely for the purpose of maintaining the workmanship and performance of City streets. The Workmanship and Performance Warranty Fee was last amended October 16, 2002. At that time, this fee was adjusted by the Construction Cost Index with the increase phased in over a three-year period. Since 2002, the cost of street resurfacing projects has increased dramatically - both from the increase in material and labor prices, and in the additional regulations that have to be met, such as those for Clean Water Act compliance. The proposed fee schedule increases the base fee from $9.60 per lane-foot to $17.50 per lane-foot (this is the cost per foot for the City to pave a 12' wide lane). The proposed amendment to the ordinance will require that the Street Cut Workmanship and Performance Warranty Fee be adjusted annually by the ENR Annual Construction Cost Index. The proposed ordinance change also allows this fee to be re-evaluated to account for any item that affects the fee, such as new federal, state or local regulations. If approved, the adjusted fee would become effective on July 24, 2006. The Street Cut Workmanship and Performance Warranty Fee is not a development fee. Item 14b. Public Hearina to Consider an Appeal bv Lerov Pettv to the Decision of the Buildina Director Concernina Construction of a CarDort at 3309 Sprina View Street. The applicant did not obtain the required building permit or meet setback requirements. Additionally, the carport is built on the property line, which creates a fire hazard. The applicant disputes these issues. Staff recommends upholding the decision by the Building Director to comply with the Board of Zoning's requirements within 10 days, or remove the carport. Approved: Alan Tandy, City Manager cc: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Closed Session ITEM: Lj, (1" TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 21, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ¡4 ¡/¡ SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. . Larry Molina, et al v. City of Bakersfield, et al USDC, Eastern District. Case No. CIV-F-04-6420 OWW TAG VG:do S:ICOUNCILICI SesslAdminsI05-06107-19-06ExisUit.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: July 11, 2006 AGENDA SECTION: Closed Session ITEM: ¡..j.b, DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(6) of Govemment Code section 54956.9. (re: Incident at The Park at Riverwalk on July 1, 2006.) VG:do S:\CQUNCIL\CI SesslAdmins\06-07l07-19-06 Potential.dot July 11, 2006, 11 :36AM -""".""--"-"-'-"-'-._~_._.'-"'-'" "'''..__.'--~'--' ~ ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Presentations ITEM: ~,(),. TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall July 6, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER OVED SUBJECT: Presentation by Mayor Hall of Certificates to Number 1 Ranked Graduates in the Kern High School District. RECOMMENDATION: BACKGROUND: ndw July 6. 2006. 4:49PM S:\MAYORIADMIN\2006\NUMBER 1 GRADUATES.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Presentations ITEM: O¡. b, TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall July 6, 2006 DATE: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Certificates to Fruitvale Junior High Natio al Hi tory Day Gold Medal winners. RECOMMENDATION: BACKGROUND: ndw July 6, 2006, 4:52PM S:\MAYORIADMIN\2006\NATIONAL HISTORY DAY WINNERS.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I Â . 11. . APPROVED DEPARTMENTHEA~ CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council FROM: DATE: Pamela McCarthy, City Clerk June 23, 2006 SUBJECT: Approval of minutes of the June 21, 2006 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: " ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id. b. FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED TO: DATE: July 7, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from June 9, 2006 to July 7, 2006 in the amount of $19,723,523.18. and self insurance payments from June 9, 2006 to July 7, 006 in the amount of $374,377.03. RECOMMENDATION: Staff recommends approval of payments totaling $20,097,900.21. BACKGROUND: RAR July 7, 2006, 4:00PM S:\Kim G\Forms & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Irl.. (',. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director June 20, 2006 DEPARTMENT HEAD APPROVED /112._ CITY MANAGER CITY ATTORNEY SUBJECT: First Reading of an Ordinance Amending Section 15.82.060 of the Ba Code Relating to the Fee for Park Development and Improvement. RECOMMENDATION: Staff recommends first reading of Ordinance. BACKGROUND: This revision would allow the Fee for Park Development and Improvement to be automatically adjusted by the Construction Cost Index (CCI), which is the ENR Annual Construction Cost Index (Los Angeles) as published by Engineering News Record, McGraw-Hili Coso Each fiscal year, the Public Works Director submits to the City Council a revised fee schedule regarding the fee amount to be collected for each new dwelling unit. This Amendment will allow the fee to be automatically adjusted by the CCI on an annual basis. Also, the fee schedule can be further adjusted to reflect all costs incurred for park development, improvement, or enhancement. All revisions to this fee, including those resulting from the CCI and/or other adjustments, shall be adopted by resolution of the City Council following a noticed public hearing. This ordinance change will change how tracts now vest under the Fee for Park Development and Improvement. New tracts will vest under the park development fee in effect when the tentative map application is deemed complete, as adjusted by the CCI. G:\GROUPOAT\AOMINRPT12006\07-19\Park Development Fee.doc GL ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: la. d. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7(r-- June 13, 2006 CITY ATTORNEY V?- CITY MANAGER SUBJECT: First Reading of an Ordinance amending Bakersfield Municipal Code Section §1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. ryvard 3). RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 485 area into the corresponding Council Ward. The annexation was approved by LAFCO on December 27, 2005. Annexation No. 485 is located south of Meany Avenue, approximately 300 feet west of Patton Way. The site consists of 7.31 acres of land. The site is uninhabited. The property owner has requested annexation to receive city services. DUS:\Admin7-19-485 Ann.doc -,........----..--.. --,_.._-,- _.-_.._---- "~--'- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I a. e.. TO: FROM: Honorable Mayor and City Council APPROVED DATE: Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD ;i(;---. June 29, 2006 CITY ATTORNEY U. CITY MANAGER SUBJECT: First reading of an ordinance approving a Negative Declaration and amendi g Section 17.06.020 (Zone Map No. 123-08) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to a P.U.D. (Planned Unit Development) zone on 30.63 acres generally located on the southwest corner of Ming Ave and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc) (File No. 06-0332). (Ward 5) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On May 18, 2006, the Planning Commission held an advertised public hearing on this zone change request and continued the request to the June 1, 2006. At the June 1, 2006 meeting, the Planning Commission recommended adoption of the zone change and approval of the negative declaration by the City Council. The zone change request consists of changing the zoning from R-2 (Limited Multiple Family Dwelling zone to a P.U.D. (Planned Unit Development) zone on 30.63 acres generally located on the southwest corner of Ming Road and Gosford Avenue. The purpose of the zone change is to allow innovative residential design of 217 homes with specific standards that meet the requirements of public health, safety and welfare. At the May 18, 2006 meeting, two residents from surrounding neighborhoods and a representative of the applicant spoke at the public hearing. 80th residents voiced concerns about increased traffic in the Ming and Gosford intersection. Roger Mcintosh from Mcintosh and Associates, the applicant, described the amenities of the P.U.D. The Commissioners continued the public hearing until June1, 2006 to allow Public Works time to respond to the Commissioners' inquiries regarding traffic concerns. At the June 1, 2006 meeting, the same two residents from the May 18, 2006 meeting spoke in the public hearing, as did Roger Mcintosh. The residents continued to voice traffic concerns. Mr. Mcintosh informed the Commissioners that Mcintosh & Associates had a synchronization study for a proposed traffic signal at the Gosford entrance, and that it had shown that the signal would not impede traffic. However, Public Works was concerned about adding another signal so close to the intersection of Ming and Gosford. The June 29, 2006, 1 :46PM PE S:\Danaladminl2006Vuiy\7-19-0332. dcc:\Admin\7-19-0332 ADMINISTRATIVE REPORT Commissioners discussed the traffic impacts from the project, based on a memo from the Public Work's traffic engineer. The Commissioners were satisfied with the analysis in the memo that the level of service of the Ming and Gosford intersection would remain a Level of Service "C", that the traffic signal at the entrance to the project on Gosford Road would impede flow and that the original zoning had the potential of higher density and thus more traffic. The Planning Commission voted to recommend approval of the zone change and approval of the negative declaration to the City Council. The general vicinity has undergone extensive urbanization and will allow vacant land within the urbanization to be used for single family residential housing. The proposed zone change is compatible with the existing land uses. Staff conducted an initial study that incorporated an air quality impact study and a biota study prepared by professional consultants. Mitigation measures for these impacts have been included in the project to reduce all impacts to less than significant. These mitigation measures are shown in attached Exhibit "1," conditions of approval. Staff recommends adoption of the Negative Declaration and first reading of the ordinance. pe June 29, 2006, 1 :46PM PE S:\Danal8dmin\2006Uufy\7-19-0332. doc:V\dmin\7-19-0332 ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I:J .f. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED June 22, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving a Negative Declaration and a ndin Section 17.06.020 (Zone Map No. 123-26) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling Zone) to P.U.D. (Planned Unit Development Zone) on 5 acres located at the northeast corner of Stine Road and Berkshire Road (Zone Change No. 05-1455 - Lynx Realty & Management, representing William & Geraldine Skaggs). (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on June 21, 2006. The proposed zone change would allow for the development of an age-restricted (62 and over) condominium development, consisting of 78 attached two-story units, a total of 112 garage and surface parking spaces, clubhouse, pool and spa on the 5-acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on May 18, 2006. Terry Russell, a neighboring property owner, spoke against the project at the Planning Commission hearing due to balcony overlooks into the backyards of single-family residences to the north and east. The applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. PH - S:\Admin 7-19-1455 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED June 22, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving a Notice of Exemption and ame tling ection 17.06.020 (Zoning Map Nos. 122-16,21,22 & 23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A-20A (Agricultural 20 Acre Minimum Lot Size) to E (Estate - One Family Dwelling) on 143.09 acres; R-1(One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 303.21 acres; R-3 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 159.67acres; C-1 PCD (Neighborhood Commercial, Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers, Planned Commercial Development and Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres for a zone change on a total of approximately 2,080 acres generally located on the north side of Panama Lane, between South Allen Road and Nord Avenue. (Zone Change 06-0321 - SunCal Companies, the property owner) (Wards 5/6 Upon Annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on June 21, 2006. This is the pre-zoning action for McAllister Ranch. On May 18, 2006, the Planning Commission held a public hearing and recommended approval of this zone change. The proposed project is a request to change existing City zoning from A-20-A (Agriculture-20 Acre Minimum Lot Size) to a variety of City zoning designations which are comparable to previously approved County zoning within the McAllister Ranch development to accommodate the development of the 2,080 acre McAllister Ranch Master-Planned community. The site is currently being developed in the County. The matter was on the consent agenda at the Planning Commission meeting. No one asked to have the item removed from the consent agenda, and no one spoke in opposition to the project. ADMINISTRATIVE REPORT Page 2 A Specific Plan and a Project EIR for the McAllister Ranch were approved in 1993 by Kern County. This zone change implements previously approved Metropolitan Bakersfield General Plan designations as identified in the McAllister Ranch Specific Plan. The requested zone change will allow the City to utilize City zoning designations, rather than the previously-approved County zoning designations, for the pre-zoning designations on the annexation request to LAFCO. Staff has reviewed the proposed project and made the determination that the project qualifies as a special situation and is exempt from the requirement for the preparation of environmental documents pursuant to Sections 15162, 15182 and 15183 of the State CEQA Guidelines and a Notice of Exemption has been prepared. Mgladmin\7-19-0321 ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id, h. DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager June 29, 2006 APPROVED TO: FROM: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution in Opposition to the Oil Tax Initiative, a Statewide Ballot Prop the Clean Alternative Energy Act RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: Organizers of an Oil Severance Tax Initiative hope to have it placed on the November 2006 ballot. The initiative is actually named "Clean Alternative Energy Act." Those opposed to the tax initiative claim it produces three major negative impacts: 1) Higher prices at the gas pump and greater dependence upon foreign oil, 2) A new state bureaucracy with no accountability to taxpayers, and 3) Cuts in existing revenues to schools, law enforcement, and local governments. They also claim it will have significant impacts upon Kern County oil production and related businesses. Kern County community groups opposed to the tax include: Kern County Board of Supervisors, Kem County Taxpayers Association, Greater Bakersfield Chamber of Commerce, Kern County Farm Bureau, Kern County Hispanic Chamber of Commerce, and Kern Law Enforcement Association. The resolution would produce an estimated $4 billion in severance taxes. It also exempts itself from Proposition 98 requirements, which sets a dangerous precedent that could be used to erode education funding protections in the future. Attached is a written analysis of the impacts of the initiative by Legislative Analyst Elizabeth Hill and Director of Finance Michael Genest Councilmember Harold Hansen requests that this item be placed on the City Council agenda for consideration. Staff recommends approval of the resolution. July 10. 2006. 3:18PM S:\Admin Rpts\2006l0i1 Severance Resolution 7-19-Q6.doc AC:al ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \~.i. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Virginia Gennaro, City Attomey DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER July 11, 2006 SUBJECT: A Resolution Requesting the State Legislature to Amend State Laws Pertaini Zones. RECOMMENDATION: The Safe Neighborhoods and Community Relations Committee recommends adoption of the Resolution. BACKGROUND: There is no question that gang activity has increased statewide. In an effort to combat this epidemic, the state legislature enacted the Street Terrorism Enforcement and Prevention (STEP) Act in 1993. The STEP Act makes it a crime for any person to participate in any criminal street gang and to willfully promote, further, or assist in any felonious criminal conduct by members of that gang. The STEP Act goes on further to add enhancements for a set of enumerated crimes. Specifically, Penal Code Section 186.22 adds a sentence enhancement for committing a gang-related crime within 1,000 feet of any school (including vocational) while minors are present or during times when minors are using the facility. Unfortunately, the involvement of juveniles in street gangs has also increased. In response to this increase, the legislature enacted the Gang Violence and Juvenile Crime Prevention Act. This act provided that "any criminal street gang who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that gang is guilty of conspiracy to commit that felony." The creation of a safe zone around schools in the STEP Act and the enactment of the Gang Violence and Juvenile Crime Prevention Act both demonstrate the legislature's intent to protect innocent minors and adult citizens from gang-related violence. However, City's parks are also an area where minors are often present and parks should be afforded the same protection as schools. The legislature has made it clear through the STEP Act and the Gang Violence and Juvenile Crime Prevention Act of 1998 that it is concerned with gang-related crime and its effect on juveniles. When the . Gang Violence and Juvenile Crime Prevention Act of 1998 was enacted, the legislature found that, "Califomians deserve to live without fear of violent crime and to enjoy safe neighborhoods, parks, and schools." (Emphasis added.) The legislature's intent was that Californians feel safe when they are using public parks (state, county or local). S:\COUNCILlAdminsI05-06 Adminslparks186.22reso.dot ._--"'--"-"""---'-~'~._'~". .~. --._'"- ADMINISTRATIVE REPORT Bakersfield desires to do everything within its power to ensure the safety of its citizens and especially at parks where families often gather for peaceful enjoyment. This resolution urges the legislature to amend Penal Code Section 186.22 by adding ·state, county and local parks' as areas which will result in sentence enhancements if gang-related crimes are committed there. The Safe Neighborhoods and Community Relations Committee recommends that City Council adopt the attached Resolution which supports the introduction of such legislation. S:\COUNCILlAdmins\05-06 Adminslparks186.22reso.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent ITEM Id.", '-J TO: FROM: Honorable Mayor and City Council Stanley G. Grady, Development Services Director DEPARTMENT HEAD APPROVED DATE: June 30, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Property Abatements 1. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of assessments by the Kern County Tax Collector. 2. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which structures have been secured against entry or for abatement of weeds, debris and waste matter and authorize collection of assessments by the Kern Cou8nty Tax Collector. RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on June 12, 2006, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste malter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST 172-041-34 $ 950.00 169-140-02 $ 1,633.00 172-042-04 $ 1,093.00 172-052-09 $ 534.00 Ward 1/Councilmember Irma Carson 1. 3208 Cottonwood Road 2. 340 Daniels Lane 3. Vacant Lot on Hale Street 4. 3610 Hale Street July 11. 2006. 2:42PM P:\admin.doc,june 06. weed abatement.doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson Icon't) 5. 16 Milham Drive 139-431-07 $ 369.00 6. 113 Milham Drive 139-422-04 $ 389.00 7. 121 Milham Drive 139-422-06 $ 320.00 8. 132 Milham Drive 139-421-06 $ 370.00 9. 1213 Murdock Sf. 018-112-09 $ 6,895.00 10. 319 Owens Street 018-290-18 $ 1,533.00 PROPERTY LOCATION ~ £Q§.! Ward 2ICouncilmember Sue Benham 11. 3320 Jewett Avenue 002-031-03 $ 4,878.00 12. 918 Quincy Street 013-160-11 $ 395.00 13. 1315 Robinson Street 015-170-17 $ 445.00 PROPERTY LOCATION ~ £Q§.! Ward 6IJacauie Sullivan 14. 4704 Gardenwood Lane 403-251-12 $ 1,874.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. July 11. 2006. 2:36PM P:\admin.doc,june 06. weed abatement.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: l~. K.. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY APPROVED /J ~(;1" (_ CITY MANAGER DATE: July 5, 2006 SUBJECT: Delinquent Sewer User Charges: 1. Resolution providing for the establishment of separate special assessment funds for Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the collection of delinquent sewer charges. 2. Resolution authorizing the Kern County Tax Collector to collect said charges. RECOMMENDATION: Staff recommends adoption of Resolutions. BACKGROUND: Each year the City Council transfers the function of collecting the charges for sewer service to the Kern County Tax Collector by resolution. Currently, the charges placed on the property tax roll only cover services in existence at the time the tax roll is prepared. Charges for sewer service that start after the tax roll is prepared have been billed on a prorated basis through the City's accounts receivable billing system by the Finance Department. When an account is 90 days past due, a demand letter is issued to the property owner who established the account. If the demand letter is returned without a forwarding address or if the property is under foreclosure, the amount billed has historically been written off as uncollectible. By establishing these new funds and transferring the collection to the Kern County Tax Collector, the City would be able to collect those delinquent sewer charges that would, otherwise, need to be written off. In addition, staff would no longer have to monitor/investigate these delinquent accounts. July 5, 2006, 3:09PM G:\GROUPDA T\ADMINRPT\2006\07 -19\Wastewater Deliquent Accts-AdmRpt.doc - ..._-- .-- -.......-.. ..~'-----,--,_..,..._,-,--_.--,_.- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: ;:}..I. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER July 5, 2006 SUBJECT: Delinquent Refuse User Charges: 1. Resolution providing for the establishment of a separate special assessment fund for Solid Waste to be added to the property tax roll for the collection of delinquent prorated refuse charges for new services previously billed by the City of Bakersfield. 2. Resolution authorizing the Kern County Tax Collector to collect said charges. RECOMMENDATION: Staff recommends adoption of Resolutions. BACKGROUND: Through resolution, the City Council transfers the collection of annual residential refuse service fees to the Kern County Tax Collector each year. New homes added throughout each year are added to the County collection list only at the beginning of a new tax year each July. For service in the months leading up to the new tax year, new homes receive a prorated bill directly from the City. Unfortunately, some of these bills remain unpaid and delinquent. Therefore, it becomes necessary to collect these delinquent bills through a special assessment fund on the County's property tax bill. Out of approximately $350,000 billed for prorated services for new homes starting throughout the year, approximately $35,000 remains delinquent and will be collected through this resolution. July 7. 2006, 8:40AM G\GRDUPDAT\ADMJNRPT\2006\07-19\Solid Waste Deliquent Accts~AdmRptdoc -_._.,._~...~---_.__.__... '" _._._-->_._-"-----_.__.+~ -'.--'--..,. ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \~,m. TO: FROM: DATE Honorable Mayor and City Council Pamela McCarthy, City Clerk July 3, 2006 DEPARTMENT HEA APPROVED "'-~1 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution calling and giving notice of holding a General Municipal Election or th of Councilmembers for Wards 1, 3, 4 & 7, and requesting consolidation with the Kern State-wide General Election to be held on Tuesday, November 7, 2006. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution calls for the General Municipal Election and requests consolidation with Kern County Elections with a standard indemnity provision, to be approved by the Board of Supervisors, in accordance with State election laws and City Charter §67. The General election will be held on November 7, 2006, is for the following Councilmember seats: Ward 1 -Irma Carson Ward 3 - Mike Maggard Ward 4 - David Couch Ward 7 - Zack Scrivner Filing period for all seats is July 17, 2006 through August 11, 2006. As Councilmember Maggard will not be seeking re-election, the filing period for Ward 3 will extend to Wednesday, August 16, 2006. pme S\ELECTIONlAdmlns\2006\CallingNov7_Wards 1.3,4.7 DOT 7/6/2006 10,01 AM ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id.n. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER July 3, 2006 SUBJECT: Resolution adding territory, Area 4-58 (16th, Myrtle SE) to the Consoli ed M intenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On June 21, 2006 the Council adopted Resolution of Intention No. 1460 to add territory, Area 4-58 (16th, Myrtle SE), 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 a park and street landscaping for Parcel Map Waiver No. 05-0386. Area 4-58 is generally bounded by 16th Street on the north, Pine Street on the east, AT&SF Railroad on the south and a line approximately 75 feet east of Myrtle Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. mr MD4-58_Est.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: l.;l. 0, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD APPROVED Î~1 ):/_,~ /i - Y June 30, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1361 to add territory, Area 3-50 (Harris, Pr res NW) to the Consolidated Maintenance District and preliminarily adopting, confirming a d approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6363 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-50 is generally bounded by the Southern Pacific Railroad on the north, the Sunset Railroad on the east, Harris Road on the south and a line approximately 1,350 feet east of Old River Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. I n 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. mr June 3D, 2006, 3:08PM MD3-50Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.1.0. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD APPROVED / II DATE: June 30, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1413 to add territory, Area 3-52 (Panama, oun in Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6328 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-52 is generally bounded by Panama Lane on the north, Mountain Vista Drive on the east, Berkshire Road on the south and a line approximately 1 ,320 feet west of Mountain Vista Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Mail'\tenance 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. mr June 30. 2006. 3:33PM MD3-52Ri05.dol ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id.ct. D TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD.t;:/I~ CITY ATTORNEY CITY MANAGER DATE: June 16, 2006 SUBJECT: Resolution of Intention No. 1461 to add territory, Area 1-61 (Etch art, Verdu SE) 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 Tentative Tract No. 6480 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 street landscaping. Area 1-61 is generally bounded by Etchart Road on the north, Calloway Drive on the east, a line approximately 690 feet south of Etchart Road on the south and Verdugo Lane on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when street 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 this covenant is attached for reference. mr June 16. 2006, 3:28PM MD1-61Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \ ~ . r· FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD APPROVED , lí/¿ , /1 ~ {J TO: June 26, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1462 to add territory, Area 3-49 (Old Rive, Pach co SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6167 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-49 is generally bounded by Pacheco Road on the north, a line approximately 1320 feet east of Old River Road on the east, a line approximately 1320 feet south of Pacheco Road on the south and Old River Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. mr June 26, 2006. 1:39PM M03-49Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \;} . S. TO: Honorable Mayor and City Council DATE: July 3, 2006 CITY ATTORNEY CITY MANAGER FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution of Intention No. 1463 to add territory, Area 4-56 (Kern Canyon, Vin land) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6352 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-56 is generally bounded by State Route 178 on the north, a line approximately 400 feet east of Mesa Marin Drive on the east, Kem Canyon Road on the south and Vineland Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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 this covenant is attached for reference. mr July 3, 2006, 11 :07 AM MD4-56Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;1.+. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENTHEADiJ1:' CITY ATTORNEY CITY MANAGER July 3, 2006 SUBJECT: Resolution of Intention No. 1464 to add territory, Area 4-57 (Vine land, Highla . der SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6852 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-57 is generally bounded by Highlander Street on the north, a line approximately 1,320 feet west of Vineland Road on the east, a line approximately 300 feet north of State Route 178 on the south and a line approximately 1,980 feet west of Vine land Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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 this covenant is attached for reference. mr July 3, 2006. 11:41AM MD4-57Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \~. u. . TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD ArPROVED ilL , CITY MANAGER DATE: July 3, 2006 CITY ATTORNEY SUBJECT: Resolution of Intention No. 1465 to add territory, Area 5-27 (S. Unio , Ho king SE #2) to the Consolidated Maintenance District and preliminarily adopting, confirmi and approving Public Works Director's Report. (Ward 7). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6331 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 5-27 is generally bounded by Hosking Road on the north, a line approximately 1,120 feet east of S. Union Avenue on the east, a line approximately 1,190 feet south of Hosking Road on the south and a line approximately 360 feet east of S. Union Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. 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 developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr July 3, 2006, 1 :34PM MD5-27Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19. 2006 AGENDA SECTION: Consent Calendar ITEM: \;;). II. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED .1 .. /I~ l ,It DATE: July 3, 2006 SUBJECT: Resolution of Intention No. 1467 to add territory, Area 5-28 (Plan H Ie SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 05-1840 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 5-28 is generally bounded by East Planz Road on the north, a line approximately 240 feet west of Hale Street on the east, a line approximately 205 feet south of E. Planz Road on the south and a line approximately 390 feet west of Hale Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. 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 developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr July 3. 2006. 1 :33PM MD5-28Ri05.dot ______,._.___'.,~. n' ___._._ ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ.vJ. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED June 26, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1468 to add territory, Area 3-48 (panam ,Ash SE) to the Consolidated Maintenance District and preliminarily adopting, confirming d approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No's. 6351 and 6531 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-48 is generally bounded by Panama Lane on the north, Mountain Ridge Drive on the east, Berkshire Road on the south and Ashe Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. mr June 26, 2006. 1 :20PM MD3-4BRi05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.)(. DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 30, 2006 DEPARTMENT HEAD APPROVED 112 / / (___'.J ¿ TO: FROM: CITY MANAGER CITY ATTORNEY SUBJECT: Resolution of Intention No. 1469 to add territory, Area 3-51 (Harris. M untain Vis SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6329 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-51 is generally bounded by Harris Road on the north, Old River Road on the east, a line approximately 1,320 feet south of Harris Road on the south and Mountain Vista Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. mr June 30. 2006, 3:33PM MD3-51 Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id.. V . 1 TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 3, 2006 CITY ATTORNEY CITY MANAGER APPROVED ./Î/L vÍ8M SUBJECT: Resolution of Intention No. 1470 to add territory, Area 5-29 (Hale, Consolidated Maintenance District and preliminarily adopting, Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 06-0180 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 5-29 is generally bounded by Filson Street on the north, a line approximately 160 feet east of Hale Street on the east, a line approximately 90 feet south of Filson Street on the south and Hale Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new 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. 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 developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr July 3. 2006, 1 :53PM MD5-29Ri05.dot --'."'"..-'"---.--.-'.-..~-- -,,-_.,--~,-"'._- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2005 AGENDA SECTION: Consent Calendar ITEM: \~. z.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7("1"" June 26,2006 CITY ATTORNEY !4t;-- CITY MANAGER SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 492 consisting of 80.98 acres, located west of Miramonte Drive, generally south of State Highway 178. (Ward 3) 2. Annexation No. 510, consisting of 126.68 acres, located south of Olive Drive, west of State Freeway 99. (Ward 3) 3. Annexation No. 522 consisting of 60.77 acres, located south of Rosedale Highway, west of EI Toro Viejo and east of Calloway Drive. (Ward 4) 4. Annexation No. 523 consisting of 33.01 acres, located north of East Hosking Avenue, between South Union Avenue and Cottonwood Road. (Ward 1). 5. Annexation No. 530 consisting of 77.56 acres, located at the northwest corner of Gosford Road and Taft Highway. (Ward 6) 6. Annexation No. 531, consisting of 96.07 acres, located north of Stockdale Highway, generally west of Renfro Road. (Ward 4) 7. Annexation No. 554 consisting of 66.69 acres, located west of Jewetta Avenue, east of the Calloway Canal and north of Snow Road. (Ward 4) 8. Annexation No. 556, consisting of 32.29 acres, located west of Stine Road, south of Taft Highway and east of Farmer's Canal. (Ward 6) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexations are identified as ADMINISTRATIVE REPORT Page 2 Annexation No. 492 consisting of 80.98 acres, Annexation No. 510, consisting of 126.68 acres, Annexation No. 522 consisting of 60.77 acres, Annexation No. 523 consisting of 33.01 acres, Annexation No. 530 consisting of 77.56 acres, Annexation No. 531, consisting of 96.07 acres, Annexation No. 554 consisting of 66.69 acres and Annexation No. 556 consisting of 32.29 acres. These annexations are adjacent to the City limits and are within the City's Sphere of Influence boundary. The property owners have consented to annexation. Annexation Nos. 492, 510, 522, 523, 530, 554 and 556 propose to annex the land for development purposes and receive city services. Annexation 531 is for right-of-way purposes only and consists of territory acquired by the City of Bakersfield for the development of the Westside Parkway. The exchange of property tax revenues for these annexations will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that these annexations are covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:S:\Admim\ 7-19-492, 510,522, 523, 530 ,531, 554 & 556.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~· eta.· FROM: Honorable Mayor and City Council '\ \\ ¡ Carroll Hayden, Human Resources Manager 0~ APPROVED TO: DATE: DEPARTMENT HEAD CITY ATTORNEY -rfff- CITY MANAGER --FJ-t- Changes to Salary Schedule, Tille Change and Revised Job Specifications ' July 10, 2006 SUBJECT: 1. Amendment NO.2 to Resolution NO.078-06 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and Adopting Salary Schedule and Related Benefits for Special Events Manager, Rabobank Arena 2. Revised Job Specifications: Director of Booking and Events 3. Tille Change: Director of Booking and Events to Special Events Manager, Rabobank Arena RECOMMENDATION: Staff recommends approval of the revised job specification, tille change and adoption of the resolution. BACKGROUND: At the request of the General Manager of the Rabobank Arena, the job specification for Director of Booking and Special Events has been updated to reflect current responsibilities and minimum qualifications. This position has a much higher level of responsibility since 1998 when the job specification was last revised. Attracting and retaining an experienced and knowledgeable employee requires a commensurate salary grade. This position requires intimate knowledge of the entertainment industry and the complexities of attracting and booking first class events. It is recommended that the salary range for this position be elevated to that of Special Events Manager, which is a comparable position in the department of Recreation and Parks. The revised job specification will be presented by the Miscellaneous Civil Service Board at their July 18, 2006 meeting. S:\ADMINRPTISpc. Events Mgr. Rabo Arena.doc 711012006 4:33 PM -_'_-._.>...--,-_..,._..'--_'~~'_' . -----_._-~- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I . TO: Honorable Mayor and City Council FROM: DATE: SUBJECT: Raul M. Rojas, Public Works Director June 29, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with R. S & 8 Land Developme for Tract 5923 Phase 4 located on the intersection of Chase Avenue and Mesa Marin Drive. (Ward 3) Final Map and Improvement Agreements with Fairway Oaks South, L.P. for Tract 6079 Unit 5 located South of Southern Pacific R.R. on Mountain Vista Road. (Ward 5) Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6149 Phase 8 located on Highway 178 West of Miramonte Drive. (Ward 3) Final Map and Improvement Agreements with K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 1 located on the intersection of Panorama Drive and Masterson Street. (Ward 3) (2) (3) (4) (5) Final Map with "0" Street Investments, LLC for Tract 6538 located on the intersection of 36th Street and 0 Street. (Ward 2) (6) Final Map with Improvement Agreements with Castle & Cooke California, INC for Tract 6681 located on the intersection of Ming Avenue and Grand Lakes Avenue. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: rs 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 29, 2006, 8:57AM G:IGROUPDATlADMINRPTI2006107-19IMap and Improvemant AGR.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \õ!.,c.-c.... TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED CITY MANAGER DEPARTMENT HEAD DATE: July 6, 2006 CITY ATTORNEY SUBJECT: Agreement with D.R. Horton Los Angeles Holding Company, Inc. to purc se al property located west of Old River Road, and north of Harris Road for $145,000 for a water well site. (Ward 5) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring a single family lot to construct a domestic water well site. The purchase price of $145,000 is a product of negotiations based on sales of comparable properties in the area. A Phase I Environmental Site Assessment has been completed by the Seller. Also, the Planning Department will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. July 6, 2006, 12:46PM P:IMyFileslAdmin ReportslDR Horton.doc DMAls ----., --',,,,----.. ,.-. -- -~--....",..~-~-,--~ . -- -..-.----- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: l;l.dd. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director July 6, 2006 CITY MANAGER SUBJECT: Agreement with Kern River Public Access Committee to purchase real property located east of Coffee Road on the south side of Brimhall Road extended for $492,525 for the Wests ide Parkway. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The property currenlly being acquired consists of approximately 18 acres of undeveloped industrial land. The property is owned by the Kern River Public Access Committee, a California nonprofit corporation. The purchase price of $492,525 is a product of negotiations based on appraisals prepared by Randy K. Merriman, MAl and Michael Launer, MAL A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Wests ide Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. July 6, 2006. 3:08PM P:IMyFiles\Admin ReportslKRPAC.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I;}..ee,· TO: FROM: Honorable Mayor and City Council DATE: June 14, 2006 CITY ATTORNEY CITY MANAGER Virginia Gennaro, City Attorney DEPARTMENT HEAD SUBJECT: Assignment of Pipeline License Agreement (No. 92-10) from Duke Energy Fi LP to Oildale Energy LLC RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: In 1992, the City granted a Pipeline License Agreement to Union Pacific Fuels, Inc. for an oil and gas pipeline near the intersection of China Grade Loop and Round Mountain Road. Subsequently, Union Pacific assigned their rights and obligations under the Agreement to Duke Energy. This Agreement is an assignment from Duke Energy to Oildale Energy LLC. Pursuant to the Assignment Agreement, Oildale Energy accepts the assignment and assumes all obligations of the licensee under the Agreement. RMS:lsc June 14. 2006, 4:02PM S:\CQUNCIL \Admins\05-06 Admins\OukeEnergyAssignAgr .dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I;}. -ff-. TO: FROM: DATE: Honorable Mayor and City Council Nelson, K. Smith, Finance Director APPROVED June 15, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with County of Kern to reimburse direct labor cost incurred elated to the development of projects for the Thomas Roads Improvement Program (TRIP) on County lands (Unspecified amount) - (THOMAS ROADS) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: TRIP activities include projects in which the City of Bakersfield (lead agency) will be assisted by the County of Kern in their development, design, and construction (specifically relating to the Beltway projects). The staff costs incurred by the County for these projects can and should be charged to these Federal Highway Administration (FHWA) funds. The County will therefore submit billings for direct time charged to these projects, including sufficient documentation to support the amount billed. These costs will then be included with the subsequent billings to California Department of Transportation (CaITrans) with payment made to the County only after the approval and payment of that billing by the State. June 27, 2006, 9:04AM -'-.'---.-'T ADMINISTRATIVE REPORT MEETING DATE: July 18, 2006 AGENDA SECTION: Consent ITEM: \~. TO: FROM: DATE: \ Honorable Mayor and City Council :;I~ v Carroll Hayden, Human Resources Manager DEPARTMENT HEAD APPROVED June 30, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with William Avery & Associates, Not To Exceed $150,000 for Services RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Human Resources Division has more than 130 vacant positions to fill at this time. The city departments have a tremendous need for these positions to be filled in a timely fashion to meet the City's growing service demands. Although the Human Resources Division has recently received three new positions, two of them are still unfilled and there are two brand new employees who are being oriented. Therefore, the services of an executive search firm were sought, to assist in filling some of the more difficult to fill vacancies and to decrease the amount of time departments would have to wait for their positions to be filled. Some of the recruitments we intend to refer out are: · Director of Environmental Services (1) · Human Resources Analyst 1/11 (1) · GIS Analyst (1) · Network Systems Analyst (4) · Programmer Analyst (1) · Parks Superintendent (1) · Assistant Planner (1 ) · Associate Planner (4) By working with just one search firm and being able to give them approximately 10 positions to fill, we were able to negotiate a volume discount. Therefore, we are recommending the approval of a contract with William Avery & Associates for an amount not to exceed $150,000 for executive search services. This firm has provided us with search services in the past and we have been pleased with their work. We expect these recruitments to be completed within 6 to 9 months. There is no budgetary impact because departments will be allocated their portion of cost for these services. Because many positions are vacant, salary savings are available for this purpose. July 11, 2006, 11:11AM S:\ADMINRPTlAvery Search. 20OS.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Ie}. hn. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~ 0. FROM: Florn Core, Water Resources Manager CITY MANAGER DATE: July 6, 2006 CITY ATTORNEY SUBJECT: License Agreement with Kern County Water Agency for the Northwest Pipelin ,Turnouts and Controls within One Ditch Canal near Coffee Road. (Unincorporated) RECOMMENDATION: Staff and Water Board recommend approval. BACKGROUND: The City has certain real property in Kern County as the right of way for the One Ditch Canal, which transports irrigation water from the Beardsley Canal. The Kern County Water Agency (KCWA) plans to construct, operate and maintain part of a 42-inch diameter potable water transmission pipeline within said right of way to serve water to California Water Service Company and City of Bakersfield systems within Improvement District NO.4. The completion of this pipeline will allow delivery of an additional 6,500 acre-feet of potable water per year into the City of Bakersfield Domestic Water Service Area. The City Water Board at its meeting of May 17, 2006 reviewed this agreement. The Board voted unanimously to approve and recommend City Council approval. June 08, 2008 S:\2006 ADMIN REPORTS\OneDitchLicenseAgmtKCWA.doc ADMINISTRATIVE REPORT -MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: la.ii. TO: FROM: Honorable Mayor and City Council Alan Tandy, City Manager APPROVED DATE: July 6, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Greater Bakersfield Convention and Visitors' Bureau f r he Promoting the City RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Greater Bakersfield Convention and Visitors' Bureau (CVB), is a non-profit corporation that exists for the purposes of inviting, attracting, and welcoming visitors and providing services incidental to conventions and visitor care. The CVB has received the majority of its funding (over 90%) through a contractual arrangement with the City, as the City wishes to publicize the benefits and advantages of holding conventions in Bakersfield at the Rabobank Arena, Theater, and Convention Center, as well as other local venues. In addition, the CVB's efforts to attract visitors to Bakersfield are expected to generate hotel room revenue. Earlier this year, the CVB, in partnership with SMG, secured the return of the CIF State High School Wrestling Championships for 2007 through 2009. The CVB has also been historically successful in attracting other sporting events and various church groups to Bakersfield. The proposed agreement between the City and the CVB requires the City to pay the CVB 11% of the City's total Transient Occupancy Tax (TOT) revenue for the fiscal year that services are received. Payments will be made in 12 equal monthly installments during the fiscal year based on the Transient Occupancy Tax budgeted by the City, with reconciliation in September following the end of each fiscal year. There are no changes to the financial terms of the proposed agreement from the previous agreement. The proposed agreement includes the following revisions: . The City's membership on the Board of Directors is to include the appointment of the City Finance Director, in addition to the City Manager or Designee and the City's representative of the Rabobank Arena, Theater and Convention Center. . The Executive Board of the CVB is to. conduct Quarterly Meetings with the City Manager, at which time the required quarterly activity reports shall be reviewed. July 7. 2006, 2:42PM S:\Admin Rpts\2006\CVBAgreement-070606.doc AT:RS ADMINISTRATIVE REPORT · The CVB's Executive Board, consisting of the Chairman, 1" and 2nd Vice-Chair, Treasurer, Past Chair and Secretary/CVB President, is to include one of the three City appointed members. · The CVB's Executive Board is to notify the City Manager of potential Presidential Candidates to allow the City's participation in the recruiting process. · The CVB is to ensure that adequate internal controls are in place regarding the review and approval of all claims and disbursements, with the retaining of such records for a period of not less than five (5) years. · The CVB will deliver a copy of the annual financial audit to the City by December 31" of each year. (The previous agreement did not specify a due date.) As the previous agreement between the City and the CVB expired on June 30, 2006, the new agreement is proposed to be retroactive to July 1, 2006. The CVB is requesting a three year term, to expire June 30, 2009. July 7. 2006, 2:42PM S:\Admin Rpts\2006\CVBAgreement-070606.doc AT:RS ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \:l, ¡i. w TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENTHEAD~ Dianne Hoover Director of Recreation and Parks DATE: July 5, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Reimbursement agreement for $502,350 to develop Weston Park locat comer of Stine Road and McKee Road. (Ward 6). 1. Agreement with Lennar Homes of California, Inc. for the development of said park. 2. Appropriate $502,350 Fund Balance within the Capital Improvement Budget of the Park Improvement Fund (Southwest Zone 1 - Improvement Funds). RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: On November 30, 2005 the City entered into agreement #05-411 with Lennar Homes of California, Inc. for the acquisition of a 6 acre park site located at Golden Wheat Avenue and Barley Harvest Avenue. The park site is referred to as Weston Park. Lennar Homes of California, Inc. is developing homes near Weston Park and has expressed an interest in developing the park site. The agreement specifies that a not to exceed sum of $502,350 be paid upon recordation of a notice of completion for the Weston Park improvements in the form of future semi-annual payments made from development fees collected from specific tracts within the South/Southwest Park Improvement Zone. Therefore, staff is requesting the approval of the agreement and appropriation of funds. July 5. 2006. 9:50AM 5:\2006 Admins\westonparkadmin 7-19-06.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.IL\!.. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD_D t.... bt Dianne Hoover Director of Recreation and Parks DATE: July 7, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Purchase real property located north of Paladino Drive and east of Vall for a park site. (Ward 3) 1. Agreement with Barcelona LLC for the purchase of said real property. 2. Appropriate $94,000 Fund Balance within the Capital Improvement Budget of the Park Development Fund (Northeast Zone 3 - Acquisitions Funds). RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: Barcelona LLC is dedicating 2.12 acres in accordance with Bakersfield Municipal chapter 15.80 for a future park. However, it is the City's desire to site a 3.01 acre park at this location. To accommodate the City, Barcelona LLC has offered to sell an additional .89 acres. The purchase price of $89,000 represents the property's value as negotiated based on sales of comparable properties in the area. The additional $5,000 is for escrow closing costs. Therefore, staff is requesting the approval of the agreement and appropriation of funds. July 6, 2006. 2:07PM 8:\2006 Admins\sassafrasparkadmin 7-19-06.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \~. I\. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~OVED J¡¡ . <If, < June 28, 2006 SUBJECT: Calloway Canal Box Culvert and Relocation of the Friant Kern Canal 1. Reimbursement Agreement with Lennar Homes ($93,000) to construct improvements on Olive Drive and Calloway Drive. 2. Reimbursement Agreement with McMillin Homes ($27,418) for construction costs of block walls and gates near the intersection of Olive Drive and Calloway Drive. 3. Appropriate $340,000 Transportation Development Fund balance to the Capital Improvement Budget to fund Reimbursement Agreements and other project costs. RECOMMENDATION: Staff recommends approval of reimbursement agreements and appropriation. BACKGROUND: This Administrative Report appropriates funds for the completion of the Relocation of the Friant Kern Canal and the Calloway Canal Box Culvert project located at the intersection of Olive Drive and Calloway Drive. Although the main construction portion of these projects has been completed, a few items remain pending. The pending items include two separate Reimbursement Agreements. The City requested that the developers of areas adjacent to the project site on Calloway Drive construct the City's portion of street improvements adjacent to the project site. As part of the development requirements for Lennar Homes' Tract Map 6077 and McMillin Homes' Tract Map 6019, these developers were responsible for providing street improvements including new pavement, concrete curb, gutter, sidewalk, median islands and block wall. In addition, these developers agreed to construct some or all of these improvements beyond their tract limits to include the frontage of the adjacent City canal projects. By combining both the developers' street improvements with the City's obligations for street improvements along Calloway Drive, disruption to traffic would be minimized. The City would then reimburse the developers for the City's share of project costs once the improvements were completed. In addition, although the main objectives for both the Calloway Canal Box Culvert and Relocation of the Friant Kern Canal Projects have been reached, there are other miscellaneous items besides the reimbursement agreements that are still pending. The requested appropriation is needed for the reimbursement agreements, the land exchange with the United States Bureau of Reclamation, site grading, fence construction, and driveway construction for both canals. July 6, 2006. 9:58AM G:\GROUPDA 1ìADMINRPT12006\07 -19\AdminRptOliveCallowayCulverts.doc -------,--,-, .-+-..---.. '~---'-"---_.""--"'-"-'._--~' ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. t'hrY'. CITY MANAGER TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 5, 2006 DEPARTMENT HEAD CITY ATTORNEY SUBJECT: Cooperative Agreement with the State of California Department 0 proposed interchange on State Route 99 at Hosking Avenue 0Nard 7). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City of Bakersfield is currently pursuing a new connection to State Route 99 at Hosking Avenue with a fully developed interchange. Currently, Hosking Avenue crosses State Route 99 with an overpass having no access to State Route 99. The proposed improvements to State Route 99 by the City of Bakersfield require a Cooperative Agreement with the Department of Transportation, Caltrans, per Section 130 of the Streets and Highways Code. The City of Bakersfield will be the Lead Agency for the Project Authorization, Environmental Documentation, Design and Construction of the proposed interchange. The City is required to fund 100% of the costs for Project Authorization, Environmental Documentation, Design and Construction. Caltrans will provide oversight for all phases. Caltrans has prepared and approved a Project Study Report for this project. This agreement requires no monetary exchange between the City and Caltrans. nf design July 6, 2006, 1 0:38AM G:\GROUPDAT\ADMINRPT\2006\07-19\Hosking_SR99 Coop Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Agreements ITEM: \:.l,nn. TO: FROM: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY ?f10VED ~. CITY MANAGER DATE: June 22, 2006 SUBJECT: Agreement with GC Environmental, Inc. for landfill gas system servi to exceed $507,508. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City is required to perform monthly monitoring and annual testing of the landfill gas system at the old Bakersfield Landfill. The City will also have to modify the system in the near future as the final landfill cover is constructed. The City issued a request for proposals for a four year period of these services, to a list of ten potential contractors. Two proposals were received from qualified contractors. The lowest cost proposal has been selected and an agreement has been prepared for the contractor, with $207,508 for periodiC services and an estimated $300,000 for system modifications during landfill cap construction. Funding is from the Landfill Cap Reserve in the Refuse Enterprise Fund. kb '1 ;:? G:\GROUPDAnAOMINRPT\2006107·19\Agreement for Landfill Gas System Services.doc .,-- -.' '~-~'.",-- --"'---""-'~"--------""~-' ._-_.--.~~_._- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. 00. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 6, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Design Consultant Agreement with Dokken Engineering ($4,413,674.0 or P ase 1 of the Westside Parkway Project (Mohawk Street from Rosedale Highway to Truxtun Avenue) (Ward 2). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Preparation of Plans, Specifications and Estimate (PS&E) for Phase 1 of the Westside Parkway Project. Phase 1 of the Project includes the construction of Mohawk Street from Rosedale Highway to Truxtun Avenue and includes bridges over the Kern River, Cross Valley Canal, the interchange with the future Wests ide Parkway, and the grade separation with the Burlington Northern and Santa Fe Railroad. Six firms responded to this RFQ: Dokken Engineering (Folsom, California) PBS&J (Orange, Califomia) DMJM Harris/AECOM (Los Angeles, California) Parsons Brinckerhoff (Los Angeles, California) T.Y. Lin International (San Ramon, California) Hall and Foreman (Rancho Cucamonga, California) Based on a review of their qualification submittals, the selection committee invited three of the firms listed above to interview with the committee. Interviews were held on June 28 and June 29, 2006. Based on the qualification submittals and interviews, the Selection Committee concluded that Dokken Engineering was the most qualified firm to provide design services for Phase 1 of the Westside Parkway project. In accordance with federal procurement procedures for these types of services, after Dokken Engineering was selected as the most qualified firm their cost for providing these services was then negotiated between them and the City. This agreement is subject to a Caltrans audit of Dokken Engineering's internal accounting procedures. This agreement requires that Dokken deliver the completed plans to bid the project by the summer of 2007, at which time it is planned to advertise the project for construction bids. July 13, 2006. 8:53AM NF PW Engr G:\GROUPDATlADMINRPT\2006\07-19\Dokken Agreement Admin for Westside Par1<way. Phase 1.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \;}. 00. . , TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY APPROVED 'J¿ J CITY MANAGER July 5, 2006 SUBJECT: Consultant Agreements for Improvement Plan and Final Map Review (1) Agreement with Boyle Engineering Corporation not to exceed $150,000 for improvement plan, final map and maintenance district consulting services. (2) Agreement with Harris and Associates not to exceed $100,000 for improvement plan and final map consulting services. RECOMMENDATION: Staff Recommends approval of Agreements. BACKGROUND: Due to the high volume of subdivision maps an improvement plans submitted, it is necessary to employ outside engineering firms, such as, Boyle Engineering and Harris and Associates, to ensure maps and plans are reviewed in a time:ly manner. The contract with Boyle Engineering also includes consulting services for maintenance districts. rs July 7. 2006, 8:21 AM G :\GroupdatlAdminrpt\2006\07 -19\Agreements for Consulting Services. DOC ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER July 3, 2006 SUBJECT: Agreement with Greenfield Housing, L.P. for $300,000 HOME Investment Partnership Community Housing Development Organization (CHDO) funds to construct 35 affordable single family rental units at the Southwest comer of Fairview Road and South Union Avenue. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Greenfield Housing, L.P. is requesting $300,000 in HOME Investment Partnership (HOME) Community Housing Development Organization (CHDO) funds to construct affordable housing for low income families. CHDO funds from FY 2005-06 and FY 2006-07 are available to fund the Greenfield Homes Affordability Housing Project. The City funds are set-aside funds under the HOME program earmarked for CHDO's. Golden Empire Affordable Homes, Inc. II is a qualified local CHDO for FY 06-07 and managing partner for Greenfield Housing, L.P. As managing partner, the CHDO will hold valid legal title to the property. Additionally, they will also own Greenfield Homes in partnership and directly participate in the development of the project. The CHDO funds will be used to help construct a 35-unit single-family rental home development with a community center located on 8± acres south of Fairview Road at the future Outback Drive. Since the project is part of an approved subdivision tract map it has already gone through the City site plan review process. The Housing Authority of the County of Kern (HACK) will operate and maintain the $11 ,900,000± rental project on behalf of the CHDO. Construction is anticipated to begin by the end of this summer with completion by late 2007. The federal environmental review requirement by HUD for this project was satisfied with a Finding of No Significant Impact (FONSI). The $300,000 in HOME CHDO funds would be a loan to the DEVELOPER at 3% interest and repaid from residual receipts. The note will be secured by a Deed of Trust on the property for a term of 20 years. S;\AdminsICity Council\City Council Admins 20061GEAHIII Admin.doc 7/3/2006 8;47 AM ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \~. ry-. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD. ~ CITY ATTORNEY CITY MANAGER July 7, 2006 SUBJECT: Agreement with Quad Knoff, Inc. to sublease office space at 900 Truxtun Av RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On March 6, 2002, the City of Bakersfield entered into Agreement No. 02·061 to lease administrative office space at 900 Truxtun Avenue for the Recreation & Parks and the Economic & Community Development Departments. The City currently leases approximately 16,712 square feet of the 34,290 square foot building. This represents approximately one half of the first floor and the entire second floor. Now that the City Council has approved several new positions for Recreation and Parks it is necessary to lease additional office space. Fortunately, one of the third floor tenants, Quad Knoff, is consolidating multiple offices into a one office at Mohawk and California Avenue and will be vacating the two suites they are leasing. This means they are looking to sublease their current office space for the balance of the term of their lease. The City has determined that one of their two suites would be suitable for our purposes. Suite 320 consists of approximately 2,776 square feet and could accommodate 10-15 people depending on how the space is configured. The salient terms of the sublease are: initial rent will be $1.60 square foot plus utilities and janitorial; term of seventeen months to coincide with 02-061; and an option to extend for an additional nineteen months, which is when their lease expires. July 7. 2006. 10:11AM P:\MyFlleslAdmin Reports\900 Truxtun Sublease. doc DMAls - "- ~ ~-,.,.,---,-.-.._-- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: la. ?~. TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: June21,2006 SUBJECT: General Plan Amendment/Zone Change No. 05-1420 (Bakersfie aft LLC) generally located on the southeast corner of Taft Highway and Buena Vista oad. (Ward 5/6 upon annexation). 1. Agreement with Bakersfield-Taft, LLC ($273,248.50) for the preparation of an Environmental Impact Report (EIR) and appropriate $205,450.00, the developer's contribution, to the Development Services Operating Budget in the General Fund. 2. Agreement with Impact Sciences, Inc. Consulting ($205,450.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change for General Plan Amendment No. 05-1420. RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: Bakersfield-Taft, LLC is proposing the development of a master planned community consisting of approximately 1,100 residential units and 22 acres of commercial development, and supporting infrastructure on approximately 305 acres generally located on the southeast corner of Taft Highway and Buena Vista Road. Applicant - City Agreement: This agreement acknowledges that Bakersfield-Taft, LLC will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $273,248.50, which consists of $205,450.00 for consulting services and $67,798.50 to reimburse the City for its costs in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 05-1420 by Impact Sciences, Inc. JS:ladmin\7-19-1420 ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. ~. TO: FROM: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ DATE: June 23,2006 CITY ATTORNEY CITY MANAGE SUBJECT: General Plan AmendmenVZone Change No. 06-0961 (SKY 21, LLC East 21 Ventures, LLC), generally located east of Kem Canyon Road (State oute ), west of Comanche Road, north of the future extension of Jaunt Road (Section 21, 29S, R29E). (Ward 3). 1. Agreement with SKY 21, LLC and North East 21 Ventures, LLC ($195,000.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $150,000.00, the developer's contribution, to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting for $150,000.00 to prepare an Environmental Impact Report (EIR) for General Plan AmendmenVZone Change No. 06-0961 (Riverview - Section 21). RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: SKY 21, LLC and North East 21 Ventures, LLC is proposing the development of a master planned community consisting of approximately 3,535 residential units, including a variety of housing densities from low density residential to high density residential on approximately 634 acres generally located east of Kern Canyon Road (State Route 184), west of Comanche Road, north of the future extension of Jaunt Road (Section 21, T29S, R29E). Applicant - City Agreement: This agreement acknowledges that SKY 21, LLC and North East 21 Ventures, LLC will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $195,000.00, which consists of $150,000.00 for consulting services and $45,000.00 to reimburse the City for its costs in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan AmendmenVZone Change No. 06-0961 (Riverview - Section 21) by RBF Consulting. MD: S:\Danaladmin\2006Vuly\7-19-0961.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: la. u..u... TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7t- June 23, 2006 CITY ATTORNEY pi CITY MANAGER SUBJECT: General Plan Amendment/Zone Change No. 06-0962 (Bakers Hill, L , ge rally located southeast of Kern Canyon Road (State Route 184), north of Brecke idg Road (Section 29, T29S, R29E). (Ward 3). 1. Agreement with Bakers Hill, LLC ($195,000.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $150,000.00, the developer's contribution, to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting for $150,000.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-0962 (Watermark - Section 29). RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: Bakers Hill, LLC is proposing the development of a master planned community consisting of approximately 2,850 residential units, including a variety of housing densities from low density residential to high density residential on approximately 640 acres generally located southeast of Kern Canyon Road (State Route 184), north of Breckenridge Road (Section 29, T29S, R29E). Applicant - City Agreement: This agreement acknowledges that Bakers Hill, LLC will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $195,000.00, which consists of $150,000.00 for consulting services and $45,000.00 to reimburse the City for its costs in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 06-0962 (Watermark - Section 29) by RBF Consulting. MD/S:\Danaladmin\2006Vuly\7-19-0962.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: là. VI{. TO: FROM: DATE: Honorable Mayor and City Council July 5, 2006 CITY ATTORNEY APPROVED ~-- y¿ Florn Core, Water Resources Manager DEPARTMENT HEAD CITY MANAGER SUBJECT: Amendment NO.1 to Agreement No. 03-203 with California Water Service ompa y to include a treated water filtration plant in the Joint Use of Water Facilities at City of Bakersfield Station L208, Located at the Corner of Coffee and Norris Roads. (Ward 4) RECOMMENDATION: Staff and Water Board recommend approval. BACKGROUND: The City and California Water Service Company (Cal Water) both need to expand the water production capability of their respective service areas in the northwest by replacing production water from water wells in the vicinity that have been idled due to water quality concerns. It has been determined that a shared water filtration and storage plant located on the southwest corner of Coffee and Norris Roads would economically replace this lost production and meet the areas current growth demands. Because the City's Domestic Water System currently relies solely on groundwater wells as its source of supply, supplementing the current system with a firm surface water treatment plant delivery will also increase the diversity and efficiency of the system. Wells can be shut off during non-peak demand periods resulting in higher groundwater pumping elevations which reduce energy costs. The cost to drill new wells is constantly increasing due to drilling costs, more stringent water quality requirements, groundwater quality problems and property values. The filtration plant shall have the capability of producing 10.4 million gallons of water per day of which the City will receive up to 4.0 million gallons per day. Cal Water shall be solely responsible for the design, financing, construction, completion and operation of the filtration plant and station appurtenances related to the plant. The City will make available to Cal Water a Kern River water supply of up to 10,000 acre-feet per year for the plant. The purchase price of finished water from the filtration plant will be at a cost to the City of an estimated amount of $315.00 dollars per acre-foot. The final price will be determined after project costs are accounted and accepted by City. Cal Water will purchase from City, raw Kern River water for the plant at the current rate of $73.48. This Kern River rate is adjusted annually. The approximate net cost to the City will be $241.52 per acre-foot, which is equivalent to the current cost of produced groundwater. The City Water Board reviewed this agreement and voted unanimously to approve and recommend City Council approval. July 05, 2006 S:\2006 ADMIN REPORTS\Amendment1agree03203doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I,;}. WW. TO: Honorable Mayor and City Council CITY MANAGER FROM: Raul M. Rojas, Public Works Director June 9, 2006 DEPARTMENT HEAD CITY ATTORNEY DATE: SUBJECT: Amendment NO.1 to Agreement No. 05-122 with State of California epartment of Transportation (Caltrans) to transfer maintenance and operation of new signal at Ming Avenue and State Route 99 Southbound On-ramp from Caltrans to the City of Bakersfield (Ward 6). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Agreement No. 05-122 was approved by Council on March 30, 2005, and called for the traffic signal maintenance and operation of the new signal at Ming Avenue and State Route 99 Southbound On-ramp to be performed by Caltrans. It was later discovered that this portion of Agreement 05-122 was in error. It was intended from this project's beginning that the new signal would be operated and maintained by the City of Bakersfield. By allowing the City of Bakersfield to take over signal maintenance and operation, the City can specify the type of signal hardware and software to be used and allow this new signal to be compatible with the existing signal coordination timing already in place along that stretch of Ming Avenue. There is no change in monetary terms in this amendment. JU, TrafficEngr) July 6,2006,4:31 PM G:\GRQUPDA T\ADMJNRPT\2006\07-19\Amendment 1 10 Agreement No. OS-122.doc --- --'- - -~"-~.. ...__._-"--------~_.._----_." ~ ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: Id... )0(. TO: Honorable Mayor and City Council FROM: DATE: Alan Christensen, Assistant City Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 30, 2006 SUBJECT: Amendment NO.5 to Agreement No. 97-283 with SunGard HTE to p vid programming services to improve synchronization of the HTE Land File with Assessor's data in the amount of $145,900. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The City currently uses software applications from SunGard HTE for tracking information about parcels in the City. This system is used by various departments in Public Works, Development Services, and Finance. The HTE system uses a land file, which contains data from the Kern County Assessor's office which is updated monthly. Some of the address information in the file is incorrect and not suitable for the City's needs, and the errors have introduced difficulties in using the data and the systems. In particular, there are many addresses entered multiple times into the database. The "unclean" database hampers our ability to property track customer activity, monitor equipment inventory, and property service our customers. If approved, this amendment would contract with SunGard HTE to correct the information in the file, modify the update program to prevent future inaccuracies, and make it available for use by the Public Works Solid Waste Division to improve billing and customer service. Under the agreement, SunGard HTE would also load several non-HTE data bases into the Customer Service/Utility Billing system. We anticipate the project will take approximately five months to complete. The cost of this project will be allocated to the Refuse Fund ($74,525) and Development Services Fund ($62,525). Both departments anticipated this expenditure and have budgeted for it in FY 06-07. July 7,2006. 9:27AM S:\Admin Rpts\2006\HTE Land File Cleanup Agreement 7-19-06.doc "- .._- ~- .-.---... .__..~--,-".__.,,-_._----_.._---~. ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.\J\J. f I TO: FROM: Honorable Mayor and City Council APPROVED CITY MANAGER Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY DATE: July 5, 2006 SUBJECT: Amendment NO.1 to Agreement No. 05-262 with Jim Alfter Cement Contractor, ($900,000.00, revised not to exceed $1,800,000.00 and extending term for one (1) year) for the annual contract for concrete construction. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 6, 2005, Council awarded the annual contract for concrete construction to Jim Alfter Cement Contractor. The Agreement allows for a one (1) year extension if all parties agree. City staff and Jim Alfter Cement Contractor agree to the extension of Agreement under the same terms and conditions. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be rebid. Purchasing Division DW S:\PURCHIADMINlAmendmentslJim Alfter Cement Contractor" 05-262, #1.doc July 5. 2006. 4:35PM ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \,;'¡. 22.. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED June 22, 2006 DEPARTMENT HEAD CITY A TIORNEY CITY MANAGER SUBJECT: Rejection of bid for Storm Drain Improvements Tract 5130 Project (Ward 3). RECOMMENDATION: Staff recommends rejection of bid. BACKGROUND: Tract 5130, located north of Hageman Road from Coffee Road to Patton Way, has several storm drain siphons. To minimize maintenance associated with siphons, the City adopted new standards to avoid using siphons where storm drains could be connected to an adjacent storm drain system or surface flow system. This project would eliminate some of those siphons by extending an 18 inch storm drain along Willow Creek Drive, between McCloud Court and Soda Springs Place. In addition, this project would remove existing siphons by constructing new cross gutters on Feather River Drive at Clear Lake Street, Huntington Court at Clear Lake Street, and Yuma Way at Six Rivers Street. Due to the current development conditions, contractors are extremely busy and only one bid was received. During the advertisement period of this project, Staff contacted several contractors to notify them of the project. The one bid received was significantly higher than the Engineer's Estimate of $230,564. Staff will monitor the existing storm drain system to determine if modifications continue to be warranted. One bid was received on June 14, 2006 as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) In the amount of $337,337.00 kb Project # E4K103 June 22. 2006. 1 :22PM G:\GROUPOA T\AOMINRPT12006107 -19\SOlmprov TR5130.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.q,a.o... TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER DATE: July 6, 2006 SUBJECT: Accept bid and award contract to Ameripride Uniform Services., (not to exceed $650,000.00) for the annual contract - industrial laundry service. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Requests for Proposals were sent to five (5) suppliers for the Annual Contract for Industrial Laundry Service (uniforms, mats, mops and shop towels) for various City departments for a seven (7) year period. Three (3) proposals were received in response to solicitation. Staff finds the proposal submitted by Ameripride Uniform Services to be acceptable and recommends award of the contract to Ameripride Uniform Services, Bakersfield, CA. Ameripride is the current supplier of rental uniforms and mats, mops and shop towels. The pricing offered by Ameripride Uniform Services is less than the price currenlly paid by the City. (Spreadsheet attached) Purchasing Division DW S:\PURCHIADMINIAC Industrial Laundry Service, July 19, 2006.doc Created on 7/6/20062:07:00 PM -"'- - ..~-"'_.. ..._-'-.......-._--_.._.-.__..._.~.~ ~----- ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \,). bbb. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD~ CITY ATTORNEY bL zrn ~m> / CITY MANAGER July 5, 2006 SUBJECT: Accept bid from Central Valley Truck Center in the amount of $456,880.72 for two (2) additional automated side loaders. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The City of Fresno issued a formal invitation to bid for automated side loaders. The bid was awarded to the low bidder, Central Valley Truck Center, Fresno. The bid has provisions for other governmental agencies to piggyback on the bid and the supplier has agreed to extend the bid price for the side loaders to the City of Bakersfield. Piggybacking on to the City of Fresno bid will allow the City to obtain equipment meeting the City's requirements and save staff time and efforts required if this item were to be bid. Purchasing Division OW S:\PURCHIADMIN\Automated Side Loaders. July 19. 2006.doc Created on 7/5/2006 3:37:00 PM - ...~" -.~. .~,..--_. -_.....__..._-~--~......_.. ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: l~.c..c..c... TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD fflt> July 5, 2006 CITY MANAGER SUBJECT: Accept bid and award contract to Kern Sprinkler Landscaping, Inc., (not to exceed $175,000.00) for the annual contract -landscape and irrigation service. (Ci ywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to forty (40) contractors for the Annual Contract for Landscape and Irrigation Services for the Recreation and Parks Department. Two (2) bids were received. Staff finds the low bid to be acceptable and recommends award of the contract to Kern Sprinkler Landscaping, Inc., Bakersfield, CA. (Spreadsheet attached) Purchasing Division DW S:\PURCHIADMIN\AC Landscape and Irrigation Services, July 1 g, 2006.doc Created on 7/5/20062:07:00 PM ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I d.. . ddd. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED CITY MANAGER ÞnS DEPARTMENT HEAD DATE: July 5, 2006 CITY ATTORNEY SUBJECT: Accept bid and award contract to Pestmaster Services, Inc., (not to exc d $118,300.00) for the annual contract - chemical application. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to thirteen (13) contractors for the Annual Contract for Chemical Application for various City departments. Two (2) bids were received. Staff finds the low bid to be acceptable and recommends award of the contract to Pestmaster Services, Inc., Bakersfield, CA. (Spreadsheet attached) Purchasing Division DW S:\PURCHIADMINlAC Chemical Application, July 19, 2006.doc Created on 7/512006 2:21 :00 PM ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: 1;:l.Cu..... TO: FROM: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY AP ROVED j) CITY MANAGER DATE: June 21,2006 SUBJECT: Accept bid and award contract to Loop Electric ($111,685) for Traffic Si System Installation on Panama Lane at Ashe Road (Ward 6). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The project consists of the installation of a traffic signal to alleviate the heavy stop and go traffic demand currently existing for east and westbound traffic on Panama Lane. It will also facilitate south to eastbound traffic off Ashe Road. The installation is designed to meet existing pavement and current traffic flow conditions. The signal poles will be placed at their ultimate location to accommodate future site development. This project is funded entirely with Gas Tax Funds. Sufficient funds are budgeted to award this contract. On June 21, 2006, two acceptable bids were received as follows: Loop Electric 7040 Downing Ave Bakersfield, California 93308 (County) in the amount of $111,685.00 TES Electric 5306 Aldrin Court Bakersfield, California 93303 (City) in the amount of $114,700.00 Project No T5K139 G:\GROUPDATlADMINRPì\2006\07-19\PanamaAshe.doc RL T - PWlEngineering July 5, 2006, 3:59PM .'--,----' ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director CITY MANAGER DATE: June 27, 2006 DEPARTMENT HEAD CITY ATTORNEY SUBJECT: Pavement Reconstruction Project for Federal Fiscal Year 2005/2006 - (Ward 3): 1. Accept bid and award contract to Griffith Company ($2,870,348) for construction of project. 2. Appropriate $526,634 federal Surface Transportation funds and $70,000 Gas Tax fund balance to the capital improvement budgets within the ISTEA Fund and the Gas Tax Fund respectively. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriations. BACKGROUND: This project consists of reconstruction of the following streets: Mount Vernon Avenue from University Avenue to Panorama Drive, and Columbus Street from Haley Street to Mount Vernon Avenue This project is funded 88.53% by Federal Surface Transportation Program (STPL) funds with the local match of 11.47% coming from the Gas Tax Fund. Additional appropriations are needed to fully fund this project. Three acceptable bids were received on June 21, 2006, as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of $2,870,348.00 AC Materials Inc. 3527 Brian Way Bakersfield, CA 93308 (County) in the amount of $3,110,470.81 Granite Construction Company 3000 James Road Bakersfield, CA 93308 (County) in the amount of $3,671,851.60 (Ies, PWEngr) July 5, 2006. 3:52PM G:\GROUPDA"TìADMINRPT\2006\07-19\Pavement Reconstruction Various Locations 2005-2006.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \ . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD .Dc-I-! FROM: Dianne Hoover Director of Recreation and Parks CITY MANAGER DATE: July 5, 2006 CITY ATTORNEY SUBJECT: Appropriate $20,000 contribution to the General Fund in the Recr at" n & Parks Department Operating Budget from First 5 Kern for a mini-grant to provide and install pia ground safety surfacing at Campus North, Quailwood, Yokuts and University Parks. (Wards 5, 2, and 3). RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: Recreation and Parks Department applied for and received a $20,000 "mini-grant" from the Kern County Children and Families Commission DBA First 5 Kern to provide and install playground safety surfacing at specific city parks. Campus North, Quailwood, Yokuts and University Parks will receive approximately 500 square feet each of surfacing utilizing the grant funding and cities matching $20,000 funds approved in the 2006-2007 CIP budget. The project will insure an accessible path and resilient safety surface is provided to the recenlly installed 2-5 year old play structures at these parks. July 5, 2006. 8:34AM $:\2006 Admins\First Five Grant Admin_7-19-06.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: ¡d..o hhh. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED June 19, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $69,210.00 State Grant Revenue for the Waste Tire Program to the Development Services Operating Budget in the General RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: The City has received a $69,210.00 state grant from the California Integrated Waste Management Board (CIWMB) for Waste Tire Enforcement. The grant will offset funding for Code Enforcement staff time directly related to the development, monitoring and implementation of a program to educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal disposal of waste tires. MD\s:admin\7-19-tire ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \.;t. ilï. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD June 16, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $20,000.00 Developer Share EIR Trust Revenues to the P ni operating budget within the Development Services Fund for consulti services for providing assistance in processing the Concurrent Applications and Envir nmental Impact Reports for the General Plan Amendment/Zone Change Nos. 06-0961 (Riv rview - Section 21) and 06-0962 (Watermark - Section 29). (Ward 3) RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: This action will fund a consultant for processing two proposed development projects, General Plan Amendment/Zone Change Nos. 06-0961 (Riverview - Section 21) and 06-0962 (Watermark - Section 29). The consultant will process the Concurrent General Plan Amendments, the Zone Change Environmental Impact Reports (EIRs)" and the corresponding Tract Maps within Sections 21 and 29, T29S, R29E for these two projects at a cost of $10,000.00 each. With the continued development activity and the large number of EIRs that are being processed, it is necessary to contract for services to augment existing staff levels in order to process these projects. Each contract is under $10,000.00 and therefore meets the criteria to be a departmental contract for Development Services. The scope of work shall include providing oversight in the EIR process, processing the GPAlZC, coordination with the EIR Consultant in preparation of staff reports and resolutions, preparing notices of determination and preparing staff reports, resolutions, conditions of approval and notices of determination for the corresponding Tract Maps. MDlS:\Danaladmin\2006\.July\7 -19-0961-Q962.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: \~," '. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /~ROVED DATE: June 14, 2006 SUBJECT: Acceptance of 2004-05 Transportation Development Act Funds Financial Statem RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the Califomia Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2005. The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public Transit Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Macias, Gini & Company has issued an unqualified opinion. No other reports were issued by the accounting firm in regards to the above audit report. June 14, 2006, 1:54PM G:IGROUPDAnADMINRPT12006101-19ITransp Dev Act Funds Financial Stm.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ,. KKt.. TO: FROM: DATE: Honorable Mayor and City Council 0J(. Carroll Hayden, Human Resources Manager DEPARTMENT HEAD APPROVED 'vb' June 13, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Revised Job Specification: Network Systems Analyst RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: The Information Technology (IT) Division has a number of vacancies for Network Systems Analyst that need to be filled. Therefore, prior to conducting a recruitment, the IT Division would like to update the job specification to reflect current assignments and qualifications. The scope of work has expanded to include both systems administration and network infrastructure. Both of these functional areas are detailed on the revised job specification. CCAPE concurs with the proposed revision. There is no budgetary impact as the salary will remain the same. The revised job specification will be presented to the Miscellaneous Civil Service Board at their June 20, 2006 meeting. Om) 2006 JUN 15 PM12:2¿! 6/1312006 3:05 PM S:\ADMINRP1\Network Systems Analyst.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.1. 1\ \. TO: FROM: DATE: Honorable Mayor and City Council ,( Carroll Hayden, Human Resources Manager' DEPARTMENT HEAD APPROVED July 12, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Revised Job Specification: Development Associate RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: The Economic & Community Development Department has a number of vacancies for Development Associate that need to be filled. Prior to conducting a recruitment, the ED/CD Director would like to update the job specification to reflect current assignments and qualifications. The job specification was last updated over 17 years ago. The job is a professional project manager and a seasoned professional with prior redevelopment, real estate development or community development experience is desired due to the size and complexity of the projects. CCAPE concurs with the proposed revision. There is no budgetary impact as the salary will remain the same. The revised job specification will be presented to the Miscellaneous Civil Service Board at their July 18, 2006 meeting. Om) 1/1212006 9:26:00 AM S:IAOMINRPnOevelopment Associate.dot ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent ITEM: l.;l. mmm. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED June 27, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Audit Reports Related to City Transportation Programs: 1. California Department of Transportation Examination of Indirect Cost Rate Proposals for the Department of Public Works. 2. California State Controllers Office Gas Tax Fund Audit Report. RECOMMENDATION: Budget and Finance Committee recommends the audit reports be received and filed. BACKGROUND: Indirect Cost Rate Approvals - The City calculated and submitted Indirect Cost Rate Proposals to the California Department of Transportation (CaITrans) in order to be able to be reimbursed for indirect costs associated with various federal and state funded projects, including the Thomas Road Improvement Program projects. CalTrans audited the City calculations and approved Indirect Cost Rates for Fiscal Years 2002-03 and 2003-04. CalTrans included one audit finding in their report, where they recommend that the City track all indirect labor time with a project code. The City has responded to this audit comment and will comply with their recommendation. A copy of the CalTrans audit and the City's response are attached. Gas Tax Audit - The State Controllers Office routinely audits City gas tax expenditures for compliance with State regulations regarding the use of said funds. The audit report indicates the City is in full compliance with State regulations. A copy of the audit report is attached. Budget and Finance Committee Review - The Budget and Finance Committee reviewed both reports at their June 19, 2006 meeting. Staff disclosed the audit finding to the committee and discussed the City response to the CalTrans recommendation. The Committee recommended that both audit reports be forwarded to the full City Council for their review. June 21, 2006, 10:29AM:~j S:\KimG\NelsonlAdmin - transportation audit reports july 2006.doc __ ,.-_-" _ _.___,__.. '__··_'__··__,_..---______~,,_·_~·_.ro·,__.~..,._.___~ ADMINISTRATIVE REPORT MEETING DATE: July 19,2006 AGENDA SECTION: Consent Calendar ITEM: \;;)... Yì nn. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Alan Christensen, Assistant City Manager July 3, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ¡/c. SUBJECT: Appointment of League Voting Delegate and Alternate at Annual Conference RECOMMENDATION: The Legislative and Litigation Committee will provide a recommendation following their July 18, 2006 meeting. BACKGROUND: Each year, as part of the City's membership in the League of California Cities, the City Council appoints a Voting Delegate and Altemate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. This year's annual conference is being held September 6- 9, 2006 in San Diego. The annual business meeting will be held on Saturday, September 9, beginning at approximately 10:00 a.m. The Legislative and Litigation Committee will be meeting on July 18, 2006, to discuss this issue. The Delegate and Alternate are typically appointed from among elected leaders attending the Annual Conference. Appointees for Council approval have traditionally been recommended by the Legislative and Litigation Committee. The Legislative and Litigation Committee will provide a recommendation for this year's League Voting Delegate and Alternate by separate correspondence following the meeting on July 18,2006. July 13. 2006. 11:31AM S:\Admln Rptsl2006\ADMVotingDelegate 011 92006.doc ADMINISTRATIVE REPORT MEETING DATE: July 19,2006 AGENDA SECTION: Consent Calendar ITEM: Id.. ODD. TO: FROM: Honorable Mayor and City Council Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: July 5, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: 2006 Legislative Platform RECOMMENDATION: Legislative and Litigation Committee recommends approval. BACKGROUND: Current legislative concerns are captured in the City's Legislative Platform, which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and Litigation Committee met on June 20, 2006 to review the 2006 Platform for possible changes. The Committee added two paragraphs regarding: 1) efforts to ensure a clean, high-quality water supply; and 2) prevent local water from leaving Kern County. With the proposed change, the Committee feels the Platform reflects the City's current legislative concerns. Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed 2006 Legislative Platform. June 30. 2006. 3:11PM S:\Admin Rpts\2006\ADM05July06LegislativePlatform 011 906.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Hearings ITEM: Iq. Q., TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD APPROVED ßL CITY MANAGER May 8, 2006 CITY ATTORNEY SUBJECT: Street Cut Workmanship and Performance Fee: 1. Public Hearing to consider Resolution approving and adopting an ad' stment to the Street Cut Workmanship and Performance Warranty Fee (Fee proposed to increase from $9.60 per lane-foot to $17.50 per lane-foot). 2. First Reading of an ordinance amending Bakersfield Municipal Code Section 12.16.150 by adding Subsection C relating to the imposition of the Street Cut Workmanship and Performance Warranty Fee. RECOMMENDATION: Staff recommends adoption of resolution and first reading of ordinance. BACKGROUND: Bakersfield Municipal Code Section 12.16.150 requires that all permits issued under the requirements of this Chapter be charged a nonrefundable workmanship and performance warranty fee to the City. All payment warranty fees received are expended solely for the purpose of maintaining the workmanship and performance of City streets. The Workmanship and Performance Warranty Fee first became effective November 21, 1997 and was last amended October 16, 2002. At that time, this fee was adjusted by the Construction Cost Index with the increase phased in over a three year period. The Phase 3 fee became effective on November 1, 2004. Since 2002, the cost of street resurfacing projects has increased dramatically - both from the increase in material and labor prices and in the additional regulations that have to be met, such as those for Clean Water Act compliance. The proposed fee schedule increases the base fee from $9.60 per lane-foot to $17.50 per lane-foot (this is the cost per foot for the City to pave a 12' wide lane). The proposed amendment to the ordinance will require that the Street Cut Workmanship and Performance Warranty Fee be adjusted annually by the ENR Annual Construction Cost Index (Los Angeles), as published by Engineering News Record. The proposed ordinance change also allows this fee to be re- evaluated to account for any item that affects the fee, such as new federal, state or local regulations. If approved, the adjusted fee would become effective on July 24, 2006. The Street Cut Workmanship and Performance Warranty Fee is not a development fee. G:\GROUPOA 1\AOMINRPT\2006\Ol -19\Pavement Fee.doc ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent ITEM 1L.\.b, TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley G. Grady, Development Services Director DEPARTMENT HEAD ~ July 30, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing to consider appeal by Leroy Petty to the decision of the Building Director concerning construction of a carport at 3309 Spring View St. 1. Resolution upholding the Building Directors decision requiring the applicant to: (1) to apply for a zoning modification with the Planning Department and comply with the Board of Zoning Adjustment's ruling within 10 days or, (2) if a zoning modification is not pursued, remove the carport within 30 days. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A hearing was held on June 6, 2006, by the Building Director and all proposed charges were confirmed. The sUbject property is in violation of the Zoning Ordinance 17.08.170; section (A): cornices, canopies, eaves, patios, porch covers or carports, can extend within 2 feet of the front, side or rear yard and the Uniform Building Code 106.1 which prohibits construction without a building permit. The applicant did not obtain a building permit or meet setback requirements: the carport is built on the property line which also creates a fire hazard. The applicant appeared at the hearing on June 6, 2006 and contends the carport is not a problem; it's safe and not a fire hazard or eyesore to the neighborhood. Since the applicant did not get a building permit, staff cannot verify if the structure is safe. July 11. 2006. 1 :56PM P:\admin report apriI14.06.doc --- "--'- ._+~.._--,.. .,_._...~..._.._--_.,...~_..--.~._..~_._.- ~_~·"___·.,~.w~.,_..___.._.,_____._.-., BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 21, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5: 15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:25) Scrivner Absent: None. 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Labor Negotiator, Bill Avery; Closed Session pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)( 1 )(3)(A) of Government Code Section 54956.9. (Three cases) c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding John M. Tarabino, et al v City. City Clerk McCarthy announced that in the interest of time two cases will be discussed under item 4.b. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:16 p.m. APPROVED Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:35 p.m. APPROVED Bakersfield, California, June 21, 2006 - Page 2 RECONVENED MEETING - 6:30 p.m. ACTION TAKEN 5. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION Pastor Mike Popovich, Olive Drive Church. 7. PLEDGE OF ALLEGIANCE by Payton Brandon, 3rd Grade Student at Rio Bravo Elementary School. 8. CLOSED SESSION ACTION a. Conference with Labor Negotiator, Bill Avery; Closed Session pursuant to Government Code Section 54957.6. LABOR NEGOTIATOR GIVEN DIRECTION b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuantto subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Two cases) Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding John M. Tarabino, et al v City. NO REPORTABLE ACTION c. NO REPORTABLE ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dianne Hoover, City Recreation and Parks Director, proclaiming July, 2006, as "Recreation and Parks Month". Recreation and Parks Director Hoover accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Retirement Plaque and gift certificate to Elijah G. Smith, Jr. Elijah G. Smith, Jr. accepted the service plaque and the gift certificate. Bakersfield, California, June 21, 2006 - Page 3 10. PUBLIC STATEMENTS a. Dennis Fox spoke regarding the overpass on 7th Standard Rd. b. Craig Schmidt, PG&E Public Affairs Director, provided written material and invited the Council to a symposium next Tuesday regarding advanced technologies on saving money and time. c. Shirley and Bob Curran spoke requesting the limitation of two-story homes behind Terrazzo Dr. to the south. Vice-Mayor Maggard requested staff contact the Currans regarding the development process so that her request can be directed in the correct channel. d. Bill Cooper with the Kern River Parkway Foundation spoke requesting the Council name the new Commemorative Grove at Manor SI. Vice-Mayor Maggard thanked everyone involved in establishing the Commemorative Grove; furnished the letter provided by Mr. Cooper and requested the Community Services Committee address naming of the Grove and inform Mr. Cooper when meetings concerning the issue will take place. e. Sheryl Barbich, President of Greater Bakersfield 20/20, asked the Council to officially replace the current Squiggle logo and adopt the Green Leaf Bakersfield logo to represent the City and provided written material. Councilmember Benham requested the Community Services Committee address Ms. Barbich's request and additionally requested Public Works Director Rojas provide the committee a report regarding location of monument signs. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 5, 2006 Budget Meeting and June 7, 2006, Regular City Council Meeting. ACTION TAKEN Bakersfield, California, June 21, 2006 - Page 4 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from May 26, 2006 to June 8, 2006 in the amount of $8,291,305.87 and self insurance payments from May 26, 2006 to June 8, 2006 in the amount of $168,419.45. Ordinances: c. Adoption of Ordinances: 1 Amending Sections 8.80.060, 8.80.080, 8.80.090, 8.80.100, 8.80.110, and deleting Section 8.80.120 ofthe Municipal Code relating to nuisance abatement. Amending Sections 15.04.120,15.20.010, 15.24.010 and 15.24.020 of the Municipal Code relating to building and construction issues. 2. d Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No 103-29 from C- 2 (Regional Commercial) to PCD (Planned Commercial Development) on 6.61 acres comprised of the block bounded by Baker Street, Lake Street, King Street and Kentucky Street, and a portion of the block bounded by Baker Street, Lake Street, Kern Street and Kentucky Street. (GPNZC 05- 1930) (Quad Knopf representing the Bakersfield Redevelopment Agency) Adoption of Ordinance approving the Negative Declaration and amending Title 17 ofthe Municipal Code and Zoning Map No. 123-28 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 100 acres located at the northeast corner of Gosford Road and McCutchen Road. (GPNZC 05-0423) (SmithTech/USA, Inc. representing Pascoe Family Investments, LLC). e. ~ ACTION TAKEN ORD 4346 ORD 4347 ORD 4348 ORD 4349 Bakersfield, California, June 21, 2006 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance approving the Negative ORD 4350 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-22 from C- 2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling Zone/Planned Unit Development Zone) on 9.88 acres located at the northeast corner of Panama Lane and Ashe Road. (GPAlZC 05-1445) (Mcintosh & Associates representing Castle & Cooke California, Inc.) g. Adoption of Ordinance approving the Negative ORD 4351 Declaration and amending Title 17 ofthe Municipal Code and Zoning Map No. 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and A to C-2 (Regional Commercial) on 10 acres located at the northwest corner of Taft Highway and Gosford Road. (GPAlZC 05-1452) (SmithTech/USA, Inc. representing OMAX, LLC) h. Adoption of Ordinance approving the Negative ORD 4352 Declaration and amending Title 17 ofthe Municipal Code and Zoning Map No. 124-16 from M-3 (Heavy Industrial) to R-2 (Limited Multiple Family Dwelling) on approximately 20 acres located at the southeast corner of Cottonwood Road and East White Lane (future). (GPAlZC 05-0599) (Pinnacle Engineering, representing Jim and Cindy Edwards) i. Adoption of Ordinance approving the Negative ORD 4353 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-31 from C-2 (Regional Commercial) to R-2 (Limited Multiple Family Dwelling) on 2.28 acres located at the northeast corner of V Street and 3rd Street. (GPAlZC 05-1021) (Michael Dhanens Architect representing Tammy Nguyen and California Water Service Company) j Adoption of Ordinance approving the Negative ORD 4354 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 25 acres located north of Hosking Road between Union Avenue and Cottonwood Road. (GPAlZC 05-1280) (Jerry Hendricks representing Helen and Waldo Jones) 12. Bakersfield, California, June 21, 2006 - Page 6 CONSENT CALENDAR continued k. Adoption of Ordinance approving the Negative Declaration and amending Title 17 ofthe Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 5.5 acres located on the south side of Panama Lane between Wible Road and Windflower Avenue. (GPAlZC 05-1442) (Marino/Associates representing Arredondo Ventures, Inc.) I. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-24 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.60 acres located on the west side of Morning Drive approximately 1,000 feet south of State Route 178. (GPAlZC 05-1361) (Mcintosh & Associates representing Sterling Oaks Investments, LLC) m. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 and 102-05 from A (Agriculture) to E (Estate Residential) on 39.41 acres and A to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 7.73 acres and A (Agriculture) to R-1 (One Family Dwelling) on 35.87 acres located on the north and south of Etchart Road and on the west side of the Beardsley Canal. (GPAlZC 05-1451) (SmithTech/USA, Inc. representing Bear Mountain Development, Inc.) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 02-29 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 51 acres located between Calloway Drive and EI Toro Viejo Road, immediately north of the Burlington Northern Santa Fe (BNSF) Railway. (GPAlZC 05-1448) (James C. Lundy representing the Thropp Jackson Trust) n. --- ..~..._- ..-~~--.-..-..-.>_._"- -..,....,-...----..--.--. ACTION TAKEN ORD 4355 ORD 4356 ORD 4357 ORD 4358 Bakersfield, California, June 21, 2006 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN o. Adoption of Ordinance approving the Negative ORD 4359 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 80 acres located at the northeast corner of Pensinger Road and South Allen Road. (GPAlZC 05-1257) (Marino/Associates, representing Harold Johnson, Patricia Schreiver, Michael Lorenzi and Susan Piper by Ted Piper) p. Adoption of Ordinance approving the Negative ORD 4360 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 104-15 from A (Agriculture) to R-1 (One Family Dwelling) on 74.71 acres located on the west side of Miramonte Drive, approximately Y:i mile south of State Highway 178. (General Plan Amendment/Zone Change 05-1343) (Porter-Robertson Engineering, representing Stockdale Oil & Gas, Inc.) ) Adoption of Ordinance approving the Negative ORD 4361 q. Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 66.25 acres located on the south side of Seventh Standard Road east of Calloway Canal. (GPAlZC 05-1450) (SmithTech USA, Inc. representing Michel & Margaret Ann Etcheverry Family Limited Partnership) Resolutions: r. Resolution approving the destruction of certain RES 167-06 obsolete City records, documents, instruments, books and papers, pursuant to Government Code Sections 34090, et seq - Finance Department. s. Resolution adding territory, Area 4-55 (Barbera, RES 168-06 Chardonnay NE) 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. RES 169-06 t. Resolution approving Vantage care Retirement Health Savings Program for employees of the Bakersfield Police Officers Association Employee Group. , ~~,_.._.,,~._~._,".,---~._..- ....---y Bakersfield, California, June 21, 2006 - Page 8 12. CONSENT CALENDAR continued u. New job specification, change to salary schedule and reclassification: 1. Amendment NO.4 to Resolution No. 049-06 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Human Resources Analyst II. 2. New job specification for Human Resources Analyst II position. 3. Reclassification of 1 (one) Human Resources Analyst I position to Human Resources Analyst II position. v. Resolution of Intention No. 1460 to add territory, Area 4-58 (16th, Myrtle SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. McAllister Ranch Planned Sewer Area: 1. Resolution adopting McAllister Ranch Planned Sewer Area and making findings thereto. Adoption of Ordinance amending Section 16.32.060 ofthe Municipal Code relating to sewer facilities. 2. Agreements: x. Preliminary formation of the McAllister Ranch Community Facilities District: Deposit and Reimbursement Agreement with SunCal McAllister Ranch LLC to fund costs of formation for the proposed District. 2. Appropriate $100,000 developer advances to the Community Facility District Fund Non Departmental Operating Budget for consultant and legal services. 1. ACTION TAKEN RES 049-06(4) RO/1460 RES 170-06 ORD 4362 AGR 06-161 Bakersfield, California, June 21, 2006 - Page 9 12. CONSENT CALENDAR continued Item 12.x. continued 3. Agreement with Fieldman Rolapp & Associates to provide City with financial advisor services related to formation of the District. Agreement with Orrick Herrington & Sutcliffe LLP to provide bond counsel services related to formation of the District. 4 y. Final Tract Maps and Improvement Agreements: z. aa. 1. Final Map and Improvement Agreements with McMillan Albany, LLC for Tract 6307 located on the corner of Albany Gate Drive and Panama Lane. Final Map and Improvement Agreements with Barcelona, LLC for Tract 6446 Phases 1 & 2 located north of Paladino Drive and east of Valley Lane. 2. bb. Agreement with Raymundo Engineering Company, Inc. ($176,963.00) for design of Liquid Natural Gas Fueling Station Facility on Mt. Vernon Avenue across from Green Waste facility. Agreement with Clifford & Brown ($200,000.00 FY06/07 & $225,000.00 FY07/08) for outside legal services. Agreement with Marderosian, Runyon, et al ($750,000.00 FY06/07 & $750,000.00 FY07/08) for outside legal services. cc. Agreement with Housing Authority of County of Kern ($1,500,000.00 HOME Investment Partnership funds) to construct 60 units of affordable senior apartments at 24th and R Streets. dd. Agreement with Columbus Avenue Housing Partners, L.P. ($500,000.00 HOME Investment Partnership Community Housing Development Organization (CHDO) funds) to construct 50 affordable family apartments at 500 West Columbus Street. Agreement with County of Kern and City of Shafter ($9,000,000.00) to fund the 7th Standard Road/State Route 99/Union Pacific Railroad Separation of Grade Project. (Thomas Roads) ee. ACTION TAKEN AGR 06-162 AGR 06-163 AGR 06-164 AGR 06-165 AGR 06-166 AGR 06-167 AGR 06-168 AGR 06-169 AGR 06-170 AGR 06-171 AGR 06-172 DEED 6432 DEED 6433 AGR 06-173 DEED 6434 DEED 6435 AGR 06-174 Bakersfield, California, June 21,2006 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN ff. General Plan Amendment/Zone Change No. 06- 0462 (DR. Horton, Los Angeles Holding Company, Inc.) generally located east of Interstate 5, south of Taft Highway and west of Renfro Road. 1. Agreement with D.R. Horton, LA Holding Co., Inc. ($406,747.00) for the preparation of Environmental Impact Report (EIR) and appropriate $305,060 (developer's contribution) to Development Services Operating Budget in the General Fund. Agreement with Impact Sciences, Inc. ($305,060.00) to prepare an EIR for GPAlZC No. 06-0462. AGR 06-175 2 AGR 06-176 gg. Agreement with San Joaquin Valley Strategic AGR 06-177 Business Unit of Chevron USA for operation of City facilities located in the Kern River Field hh. Amendment NO.4 to Agreement No. 01-018 with AGR 01-018(4) AmeriNational Community Services, Inc. ($34,000.00 total not to exceed $119,000.00) to extend the term for two years and add specific language for the City's down payment assistance programs. ii. Amendment NO.1 to Agreement No. 05-413 with AGR 05-413(1) Stuart Thomas Inc. ($166,781.40 total not to exceed $730,693.68) to revise the scope of work to include the reconstruction of the intersection at South H Street and Hosking Road. jj. Amendment No.1 to Agreement No. 02-114 with AGR 02-144(1) Manbir Singh, M.D. and Taran Singh ($1,845.50 per month) for leased space at 3945 Hughes Lane #D. kk. Amendment NO.1 to Agreement No. 05-238 with AGR 05-238(1) Tri-State Auction Systems (extend term twelve (12) months) for auctioneer services for surplus City personal property. II. Amendment NO.1 to Agreement No. 05-239 with AGR 05-239(1) C.H.P. Enterprise, Inc. dba Ken Porter Auctions (extend term twelve (12) months) for auctioneer services for surplus City personal property. Bakersfield, California, June 21, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN mm. Amendment No. 1 to Agreement No. 05-378 with AGR 05-378(1) Castle & Cooke California, Inc. ($263,556.00; total not to exceed $1,363,556.00) to revise the scope of work to include the design and reconstruction of an additional portion of Stockdale Highway that sits between the Kern River Bridge and the Cross Valley Canal. Bids: nn. Reject all bids for traffic signal and lighting systems installation at the intersection of Columbus Street at University Avenue and Columbus Street at Wenatchee Avenue. 00. Reject bid for four (4) packer bodies with automated side arms. pp. Accept bid from Quinn Company ($183,888.00) for one (1) replacement diesel-powered motor grader. qq. Accept bid from Century Industries ($130,691.00) for four (4) mobile bleachers. Accept bid and award annual contract to Kay AGR 06-178 rr. Automotive (not to exceed $55,000.00) for automotive batteries. Accept bid and award annual contract to Kern Turf AGR 06-179 ss. Supply, Inc. (not to exceed $210,000.00) for irrigation parts and supplies. II. Accept bid and award annual contract to Argo AGR 06-180 Chemical, Inc. (not to exceed $107,000.00) for pool chemicals. uu. Accept bid and award contract to Contra Costa AGR 06-181 Electric ($215,487.00) for installation of emergency standby generators for Fire Stations 2, 10 & 13. vv. Accept bid and award contract to Champion AGR 06-182 Hardware, Inc. ($59,500.00) for installation of doors at the Convention Center. ww. Accept base bid and additive alternate to award AGR 06-183 contract to KX2 Holdings, Inc. LLC dba Climatec Building Techologies Group ($124,191.60) for construction of security and access control system at Police Department Facilities. Bakersfield, California, June 21, 2006 - Page 12 12. CONSENT CALENDAR continued ACTION TAKEN xx. Accept bid and award contract to Bakersfield Well AGR 06-184 and Pump Company ($749,135.00) for two domestic water well block pump houses; CBK L-212 located at 5108 Trinidad Lake Way and CBK-45 located at 1500 Jenkins Road. yy. Traffic signal and lighting system installation at the intersection of Monitor Street and Berkshire Road: 1. Accept bid and award contract to TES AGR 06-185 Electrical Contractors, Inc. ($108,700.00) for the project. 2. Appropriate $10,000.00 additional traffic impact fee revenue to the Capital Improvement Budget within the Transportation Development Fund. ZZ. Appropriate $300,000 additional refuse service revenue to the Public Works Department Operating Budget within the Refuse Fund for increased costs associated with service for new development. aaa. Appropriate $75,605 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget. bbb. Reclassification of Revenue Program Aide to Accountant I position (PW-Administration). City Cierk McCarthy announced correspondence was received from Craig Pope, Kern County Growth Department, supporting item 12.ee. Motion by Vice-Mayor Maggard to approve Consent APPROVED Calendar items 12.a. through 12.bbb. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider a Resolution ordering the RES 171-06 vacation of the superceded right of way dedication located southwesterly of the intersection of Sillect Avenue and Arrow Street. Bakersfield, California, June 21, 2006 - Page 13 13. CONSENT CALENDAR HEARINGS continued b Public Hearing to consider a Resolution ordering the vacation of the northern 15 feet of right of way along Berkshire Road between Granite Hills Street and Shallow Cove Way, also the temporary access, turnaround, and slope easement located northwest of the intersection of Berkshire Road and Granite Hills Street. c. Zone Change No. 05-1455; Lynx Realty & Management, representing William & Geraldine Skaggs (property owner) has applied for a zone change on approximately 5 acres located at the northeast corner of Stine and Berkshire Roads. 1. First Reading of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R-1 (One-Family Dwelling) to PUD (Planned Unit Development) on approximately 5 acres. d. Zone Change No. 06-0321; Mcintosh & Associates, representing SunCal Companies (property owner) has applied for a zone change on approximately 2,080 acres located on the north side of Panama Lane between S. Allen Road and Nord Avenue (McAllister Ranch) First Reading of Ordinance approving Notice of Exemption and amending Section 17.06.020 (Zone Map Nos. 122-16,21,22 & 23) of the Municipal Code by changing the zoning from A-20A (Agriculture 20 Acre Minimum Lot Size) to E (Estate-One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling- Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 159.67 acres; C-1 PCD (Neighborhood Commercial-Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers-Planned Commercial Development & Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres. City Clerk McCarthy announced correspondence was received from Carolynn and Gary Mitchell in opposition to item 13.b. 1. ACTION TAKEN RES 172-06 FR FR Bakersfield, California, June 21,2006 - Page 14 13. CONSENT CALENDAR HEARINGS continued Hearings opened at 7:15 p.m. No one spoke. Hearings closed at 7:15 p.m. Motion by Councifmember Couch to approve Consent Calendar items 13.a. through 13.b. 14. HEARINGS a. Public Hearing to consider appeal by A & E Union of the Planning Commission's decision approving Tentative Tract 6736, located in the Rio Bravo Country Club community, east of Miramonte, south of Cas a Club Drive. (Applicant/Subdivider: Andrew Fuller) 1. Resolution upholding and modifying the decision of the Planning Commission approving Tentative Tract 6736 located in the Rio Bravo Community, east of Miramonte, south of Casa Club Drive and denying the appeal by A & E Union, Inc. City Clerk McCarthy announced correspondence was received from Richard A. Monje on behalf of A & E Union withdrawing the appeal. Hearing opened at 7:18 p.m. No one spoke. Hearing closed at 7:18 p.m. 15. REPORTS a. Resolution adopting Council Policy regarding Councilmember reimbursement for expenses (AB 1234). City Clerk McCarthy announced correspondence was received from staff correcting Exhibit A of the Resolution. City Attorney Gennaro made staff comments. Councilmember Scrivner, Chairperson of the Legislation and Litigation Committee, made comments. ACTION TAKEN WITHDRAWN RES 173-06 Bakersfield, California, June 21, 2006 - Page 15 15. REPORTS continued Councilmember Couch requested the phrase "or designee" be added to the exhibit. Motion by Councilmember Scrivner to adopt the Resolution with the addition of the phrase "or designee" added to the exhibit. 16. DEFERRED BUSINESS a. Fiscal Year 2006-07 Budget: 1. Resolution approving and adopting the Operating and Capital Improvement Budget for the City. Resolution approving and adopting the Operating and Capital Improvement Budget for the Bakersfield Redevelopment Agency. Resolution establishing the Appropriations Limit for the City. 2. 3 Assistant City Manager Stinson made staff comments. Motion by Vice-Mayor Maggard to adopt the Budget Resolutions. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Council member Couch requested City Manager Tandy elaborate regarding budgetary increases. City Manager Tandy responded. Councilmember Couch requested information regarding scheduling a meeting with the City of Shatter and requested the weekly General Information Memo contain a weekly update on the status of the issue. Councilmember Couch thanked Public Works Director Rojas for the letter he authored to the Bakersfield Californian. ~ ACTION TAKEN APPROVED RES 174-06 RES 175-06 RES 176-06 APPROVED Bakersfield, California, June 21,2006 - Page 16 18. COUNCIL AND MAYOR STATEMENTS continued Councilmember Couch requested staff follow up on a request to Pacific Bell and CalTrans to level the manhole covers on Roseda/e Hwy. and requested the weekly General Information Memo contain a weekly update on the status of the issue. Councilmember Couch requested the Mayor recognize the Fruitva/e Jr. High School History Day Team, winners of the National History Day competition in the Group Performance Category, at a future meeting. Councilmember Couch complimented staff on the Johnny Rivers Concert at Riverwalk Park. Mayor Hall provided an update regarding efforts to schedule a meeting with the City of Shafter. Councilmember Benham requested Code Enforcement respond to a citizen regarding a building on 18'h Street and provided contact information. Councilmember Benham requested Economic and Community Services Director Kunz contact her regarding the Parkview Cottages. Councilmember Benham requested staff assist in responding to correspondence from Cay Health Foods and provided contact information. Councilmember Benham requested the Legislation and Litigation Committee address implementation of the Cool Parents Ordinance. Council member Benham announced the Kern Veterans Memorial Foundation will hold a ground breaking on July 4th at 1 :30 p.m. at the corner of Truxtun and S SI. for the Kern Veterans Memorial and invited the Council, Mayor and public to attend. Councilmember Scrivner requested staff respond to correspondence from two citizens requesting a signal light at Panama Ln. and Dennen and contact the appropriate County Supervisor regarding the issue. Additionally Councilmember Scrivner provided written information regarding the issue to Councilmembers. Councilmember Hanson congratulated staff on compilation of the 2006-2007 Budget. - ,'--.--' ._- --_.~--.- "'--"'~--'-~----"-"-"-"'------'" -. ACTION TAKEN Bakersfield, California, June 21, 2006 - Page 17 18. COUNCIL AND MAYOR STATEMENTS continued Counci member Hanson requested Development Services Director Grady and Public Works Director Rojas see him after the meeting. Councilmember Hanson requested staff respond to a letter from Carolyn Reid. Councilmember Hanson requested staff address drainage issues at Montalvo and Dos Rios Way. Councilmember Hanson requested information regarding animal control. City Manager Tandy responded. Councilmember Hanson commented on a letter from Mike Ryan who thanked Public Works Director Rojas. Councilmember Carson requested staff address graffiti at MLK Park in the area of the spray park. Councilmember Carson requested staff address restroom issues at MLK Park. Councilmember Carson requested extra security in MLK Park around the hours of 5:00 to 6:00 p.m., additionally staff to review implementing increased patrols in the park. Council member Sullivan congratulated Mayor Hall on Hall Ambulance's 35th anniversary. Vice-Mayor Maggard requested staff contact Mr. Stanton and provide an update regarding the status of catch basins and a vacuuming process around the lake in Riverlakes and analyze the feasibility of the City coordinating vacuuming with the homeowners association. Vice-Mayor Maggard requested staff contact Mr. Mike Thompson regarding his concerns with turning onto Hwy. 178 near EI Dorado Estates, the width of the road near that location and the signage restriction regarding U-turns at Comanche. Mayor Hall made comments regarding the budget and increased income. Mayor Hall provided an update regarding the planting of trees along Hwy. 99. ACTION TAKEN Bakersfield, California, June 21, 2006 - Page 18 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:50 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN