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HomeMy WebLinkAbout06/06/07_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA JUNE 6, 2007 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS a. Budget Presentation for Rabobank Arena, Theater and Convention Center. 4. CLOSED SESSION a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Two cases) b. Conference with Legal Council - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v City of Shafter, et al Kern County Superior Court Case No. S-1500-CV-260277-RJO 2. City v North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW 3. City v Oildale Mutual Water Company Kern County Superior Court Case No. S-1500-CV-260384-LPE 4. Thomas Teagarden v City, Bakersfield Police, et al USDC, Eastern District, Case No. 1:07-CV-00054-AWI-TAG RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Curtis Richardson, Open Door Church of God in Christ. 7. PLEDGE OF ALLEGIANCE by Evie Enderle, 5th Grade Student at Leo B. Hart Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 23, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from May 11, 2007 to May 24, 2007 in the amount of $11,062,420.23 and self-insurance payments from May 11, 2007 to May 24, 2007 in the amount of $320,537.13. 12. CONSENT CALENDAR continued (Ward 1,2) (Ward 1)* (Ward 1) (Ward 3) (Ward 4)* (Ward 4)* (Ward 6)* (Ward 6)* (Ward 4) . - upon annexation Ordinances: First Reading of Ordinances regarding Redevelopment Legislation - SB 53 and SB 1809: 1. Downtown Redevelopment Project Area 2. Old Town Kern - Pioneer Redevelopment Project Area 3. Southeast Bakersfield Redevelopment Project Area Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-02) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on .87 acres generally located on the north side of Elcia Drive, immediately west of the Highway 99 on-ramp. (ZC 06-1099) (Applicant: John Thomsen/Property Owners: John A. & Terry Thomsen and Howard & Betty Lamond) (FR 05/09/07) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 124-17) of the Municipal Code by changing the zoning from M-3 (Planned Unit Development) to M-1 (Light Manufacturing) on 17.7 acres located along the north side of E. Pacheco Road, generally west of Cottonwood Road. (ZC 05-1561) (Applicant: Jerry Hendricks/Property Owner: Eagle Meadows of Bakersfield III) (FR 05/09/07) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 103-25) of the Municipal Code by changing the zoning from PUD (Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 11.18 acres located north of Niles Street, west of Park Drive. (ZC 06-2198) (Applicant: Mike Nelson/Property Owner: Danco Development) (FR 05/09/07) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 101-34) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 4.4 acres generally located at the northwest corner of Stockdale Highway and Claudia Autumn Drive. (ZC 06-1688) (Applicant: Marino & Associates/Property Owner: Raul Ridenour) (FR 05/09/07) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-06) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.45 acres and from C-1 (Neighborhood Commercial) to C-2/PCD on 15.3 acres generally located on the southwest corner of Seventh Standard Road and Calloway Drive. (ZC 06-1699) (Applicant: Adavco, Inc/Property Owner: Michel & Margaret Etcheverry Family) (FR OS/23/07) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 142-03) of the Municipal Code by changing the zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 19.55 acres generally located on the north side of Engle Road, between Ashe and Stine Roads. (ZC 06-1039) (Applicant: Mcintosh & Associates/Property Owner: Bakersfield 19, LLC) (FR 05/09/07) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 142-03) of the Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 10.02 acres, R-1 (One Family Dwelling) on 24.74 acres, and R-2 (Limited Multiple Family Dwelling) on 3.72 acres generally located on the northeast corner of Ashe and Engle Roads. (ZC 06-1031) (Applicant: Dominique Minaberrigarai/Property Owner: Minaberri Family Trust) (FR 05/09/07) Resolutions: c. d. e. f. g. h. i. j. k. Resolution adopting a policy establishing standards for development of Seventh Standard Road. 2 City Council Meeting of 06/06/2007 12. CONSENT CALENDAR continued (Ward 1.2,3.5,6) o. (Ward 4) p. (Ward 3) q. (Ward 6) (Ward 6) (Ward 6) (Ward 6) . - upon annexation I. m. n. r. s. t. u. Adding delinquent sewer user charges to County Tax Bill: 1. Resolution providing for the collection of delinquent sewer charges by the Kern County Tax Collector. 2. Resolution authorizing the Kern County Tax Collector to establish two special accounts to track collection of Plant Nos. 2 and 3 delinquent sewer charges. Adding delinquent refuse user charges to the County Tax Bill: 1. Resolution providing for the collection of delinquent refuse charges by the Kern County Tax Collector. 2. Resolution authorizing the Kern County Tax Collector to establish a special account to track collection of delinquent refuse charges. Resolution supporting State Assembly Bill 802 (Salas) concerning criminal gang activity. (Safe Neighborhoods and Community Relations Committee) Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution adding Area 1-71 (Renfro, Brimhall W) 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. Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area: 1. Resolution of Intention No. 1536 to establish the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to bridge crossings and major thoroughfares. Resolution of Intention No. 1537 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No.2, Division 31 (Sports Village). Resolution of Intention No. 1538 to add territory, Area 3-70 (McCutchen, Mountain Ridge NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1539 to add territory, Area 3-69 (Ashe, McCutchen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Permanent Pump Station Construction at Wastewater Treatment Plant NO.3: 1. Amendment No. 1 to Resolution No. 076-06 dispensing with bidding procedures for construction of a permanent pump station for Wastewater Treatment Plant No.3, increasing the amount from $8,000,000 to $10,800,000. 2. Appropriate $2,800,000 from the Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Budget for construction of project. 3. Amendment NO.1 to Agreement No. 06-136 with Floyd Johnston Construction Company, Inc. ($3,500,000; revised not to exceed $10,000,000) for construction of project. 3 City Council Meeting of 06/06/2007 12. CONSENT CALENDAR continued (Ward 4,5,6,7) V. (Ward 2,4,5) W. (Ward 1) x. (Ward 3,4,5,6,7) y. (Ward 6) (Ward 1) (Ward 3) Agreements: Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC, and Lennar Homes of California, Inc. for Tract 6328 Unit 2 located at the southwest intersection of Panama Lane and Mountain Vista Drive. 2. Final Map and Improvement Agreements with McMillin Arlington Park, LLC for Tract 6331 Unit 1 located east of S. Union Avenue off Hosking Avenue. 3. Final Map and Improvement Agreements with Lo Land Assets, LP and Lennar Homes of California, Inc. for Tract 6343 Phases 1 & 2 located at the northwest intersection of Etchart Road and Calloway Drive. 4. Final Map and Improvement Agreements with Standard Pacific Corp. for Tract 6387 Phase 2 located at the northeast intersection of McCutchen Road and Mountain Ridge Drive. Agreement with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $100,000) to provide legal services for acquisition of right-of-way for construction of Westside Parkway. Agreement with Performance Electric ($1,182,587.66) for design and construction of on-site electrical distribution system at the City's Greenwaste Recycling Facility. Agreement with Wilson & Associates (not to exceed $111,000) to provide continuing disclosure services for various Special Assessment Districts. Proposed Assessment District No. 07-1 (Vista View Estates): 1. Agreement with Wilson & Associates for assessment engineering services. 2. Agreement with Orrick, Herrington & Sutcliffe (bond counsel) for legal services. 3. Agreement with Goodwin Procter, LLP (disclosure counsel) for legal services. Agreement with Mead & Hunt, Inc. ($231,000) for design of airport taxi lane and apron expansion. bb. Amendments to the following Agreements ($150,000 each; total not to exceed $450,000 each) to extend the period for on-call civil engineering and surveying services: z. aa. 1. Amendment No. 1 to Agreement No. 05-246 with Boyle Engineering Corp. 2. Amendment No. 1 to Agreement No. 05-247 with DMJM Harris, Inc. 3. Amendment NO.1 to Agreement No. 05-248 with Harris & Associates, Inc. 4. Amendment No. 1 to Agreement No. 05-249 with Meyer Civil Engineering, Inc. 5. Amendment No. 1 to Agreement No. 05-250 with Parsons Transportation Group. 6. Amendment NO.1 to Agreement No. 05-251 with T. Y. Lin International. 7. Amendment NO.1 to Agreement No. 05-252 with Willdan. cc. Amendment No. 1 to Agreement No. 06-159 with Gilliam and Sons, Inc. ($1,000,000; revised not to exceed $2,000,000) and extending the term for one (1) year for the earthmoving and hauling annual contract. dd. Amendment NO.2 to Agreement No. 05-285 with Mountain View Bravo, LLC to allow assignment of rights to the acquisition price of certain public improvements in Assessment District No. 05-1 (City in the Hills). 4 City Council Meeting of 06/06/2007 (Ward 3) ee. 12. CONSENT CALENDAR continued General Plan Amendment/Zone Change No.06-1722 generally located to the east of Alfred Harrell Highway, west of the City's eastern boundary and encompasses both sides of Highway 178: 1. Agreement with Nickel Family LLC ($257,000) for the preparation of an Environmental Impact Report (EIR). 2. Agreement with RBF Consulting ($192,222) to prepare EIR. 3. Appropriate $192,222 (developer's contribution) to the Development Services operating budget in the General Fund. Bids: ff. Reject all bids for one (1) three axle dump truck. Reject all bids for one (1) self-contained patch truck. Reject all bids for one (1) knuckle-boom trash loader truck. Accept bid from Quinn Company ($295,004) for one (1) hydraulic excavator. Accept bid and award annual contract to HPS Mechanical (not to exceed $205,000) for sewer connection and septic tank abandonment for the McDonald Way/Stockdale Area Sewer Assessment Project. Miscellaneous: gg. hh. (Ward 1) jj. ii. kk. Authorize the Finance Director to write off accounts receivable in various funds totaling $84,367.19 and forward non bankrupt accounts to a collection agency for additional collection efforts. II. Appropriate $300,000 Sewer Enterprise Fund balance to the Public Works Department operating budget for increased costs associated with storm and sewer maintenance. Staff recommends adoption of Consent Calendar items a through II. 13. CONSENT CALENDAR HEARINGS a. County of Kern General Plan Amendment NO.6 - Kern River Plan Element Referral; Herb Family Enterprises has applied to Kern County for a General Plan Amendment to the Kern River Plan Element on 8.36 acres located south of Roberts Lane and approximately 1,000 feet west of N. Chester Avenue. (Staff recommends adoption of resolution.) 1. Resolution recommending the Board of Supervisors approve a general plan amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan, changing the land use designation from Map Code 5.5 (Residential-Maximum 1 Unit/Acre) to Map Code 5.3 (Residential-Maximum 10 Units/Net Acre) on 8.36 acres. b. Public Hearing to consider Resolution adopting proposed commercial refuse rate increase (3.2%) for Fiscal Year 2007-08. (Staff recommends adoption of resolution.) (Ward 1,3-7) c. Protest Hearing to consider Resolution approving and adopting the Public Works Director's report for twelve (12) Traffic Signal Maintenance Districts and the 2007-08 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) 5 City Council Meeting of 06/06/2007 13. CONSENT CALENDAR HEARINGS continued (Ward 4.5.6,7) f. d. Protest Hearing to consider Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2007-08 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector (rates increase for new developments only). (Staff recommends overriding protests and adoption of resolution.) e. Protest Hearing approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2007-08 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector (rates increase for new developments only). (Staff recommends overriding protests and adoption of resolution.) Public Hearing to consider Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. (Increase in quantity rate) (Staff recommends adoption of resolution.) 14. HEARINGS a. Public Hearing for the FY 2007-08 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Staff recommends Council hear public testimony. b. Public Hearing to consider Resolution adopting proposed sewer rate increase (14.8%) for Fiscal Year 2007-08. Staff recommends adoption of resolution. c. Public Hearing to consider Resolution adopting proposed residential refuse rate increase (3.2%) for Fiscal Year 2007-08. Staff recommends adoption of resolution. 15. REPORTS a. Overview of Wastewater Expansion Project Financing Plan and Sewer Rate Survey. 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, 6f[w~~~", .p( Alan Tandy City Manager 5/30/07 3:50pm 6 City Council Meeting of 06/06/2007 7 AGENDA HIGHLIGHTS JUNE 6, 2007 COUNCIL MEETING REGULAR MEETING - 5:15 D.m. WORKSHOPS Staff from Rabobank Arena, Theater and Convention Center will present their proposed FY 2007-08 budget. CLOSED SESSION There will be a conference with legal counsel regarding two cases .of pending litigation and four cases of existing litigation. CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m. CONSENT CALENDAR Ordinances Item . 12c. First Readina of Ordinances reaarding Redevelooment Leaislation - SB 53 and SB 1809 for Downtown Redevelooment Proiect Area. Old Town Kern - Pioneer Redevelooment Proiect Area and Southeast Bakersfield Redevelooment Proiect Area. In January, 2005, the Legislature adopted Senate Bill 53 which requires that an ordinance reiterating the redevelopment agency's program regarding the use of eminent domain be adopted by July 1, 2007. Senate Bill 1809 requires that redevelopment agencies, upon approval by the legislative body, record the project area description and a statement that proceedings for the redevelopment of the project area have been instituted following the law. For existing redevelopment plans which authorize the use of eminent domain. and were adopted prior to December 31,2006 this notice must be filed with the county recorder prior to December 31,2007. The adoption of the ordinances satisfies the requirements under SB 53 and authorizes the recordation of the notice required under SB 1809. Resolutions Item 12k. Resolution Adootina a Policv Establishina Standards for Develooment of 7th Standard Road. Recent development in Bakersfield, Shatter, and Kern County has put increasing pressure on existing 7tn Standard Road. The three affected jurisdictions have determined that an expressway designation would be more appropriate for the expected levels of traffic. The City and the County, through the Thomas Roads Improvement Program (TRIP), have been working on several projects to improve 7th Standard Road from Santa Fe Way to Wings Way. These agencies are developing a uniform expressway standard roadway. The expressway standard is three lanes in each direction with a landscaped median. Since this roadway is an important gateway into both Bakersfield and Shatter, both jurisdictions felt it was important to make this roadway as aesthetically attractive as possible. Therefore, an additional landscape easement will be required on both sides of the roadway. More details are contained within the administrative report. Item 12n. Resolution Suooorting State Assemblv Bill 802 (Salas) Concerning Criminal Gang Activitv. If adopted, Assembly Bill 802 would establish the California Commission on Gang Prevention and Intervention. That Commission would be made up of the Attorney General, several legislators, several State agency members, a representative from a district attorney's and a public defender's office, and two representatives from local law enforcement. The Commission would be designated to develop a more strategic, coordinated, and collaborative effort between the State, municipalities, law enforcement agencies, social service providers, and the general public with the objective of significantly curtailing Agenda Highlights June 6. 2007 Page 2 gang involvement and its negative impact on communities. The Commission will look to identify local, State and federal funding sources and submit recommendations to the legislature on or before July 1, 2009. , , The Safe Neighborhoods and Community Relations Committee unanimously voted on May 17, 2007 to support adoption of the Resolution. Item 12u. Amendments and Aoorooriations Reaardina Permanent Pumo Station Construction at Wastewater Treatment Plant No.3. On March 8, 2006, Council approved a Resolution that expedited the construction of a permanent pump station for Wastewater Treatment Plant No.3. Given that the plans were only 30% complete at the start of this project, several elements were not included in the original estimate of approximately $8,000,000. In addition, increases in material costs resulted in additional unforeseen expenses. The final project cost has been determined at $10,800,000. The current working pump station continues to fail and needs to be replaced as soon as possible. Staff recommends amending the agreement with Floyd Johnston Construction in order to complete the McCutchen/Gosford Sewer Lift Station. An additional appropriation of $2,800,000 is needed to fund this amendment. Aareements Item 12w. Aareement with Griswold. LaSalle. Cobb. Dowd & Gin. LLP to Provide Leaal Services for ACQuisition of Riaht-of-Wav for Construction of Westside Parkwav in an amount not to exceed $100.000. There are approximately nine parcels of real property necessary for the City to acquire for construction of the Westside Parkway. The City wishes to retain outside legal services to handle the right-of- way/eminent domain cases associated with six of the properties. Due to their expertise, utilizing the services of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. will benefit the City by allowing better predictions of financial obligations and achieving cost savings. Item 12x. Aareement with Performance Electric for Desian and Con*truction of Westside Parkwav in the amount of $1.182.587.66. The Air Quality Control Board has established new regulations to replace the existing diesel powered equipment with new electric powered equipment. Some of the equipment was purchased through grants and the remaining equipment is in the bidding process. The scope of work for this project is to design and build an on-site electrical distribution system that will be compatible for the three processing areas currently in operation as well as a future processing area. Three submittals were received in response to a .Request for Qualifications. After review by the Selection Committee, two firms were invited to interview and prepare a fee proposal. One of those firms declined to submit a fee proposal, leaving Performance Electric as the only responsive firm. Performance Electric was found to have the combination of qualifications and fee proposal which is most favorable for the City The County of Kern will pay for approximately 30% of this project through the Greenwaste Cost Sharing Agreement. Item 12cc. Amendment No.1 to Aareement No. 06-159 with Gilliam and Sons. Inc. for the Earthmovina and Haulina Annual Contract in the Amount of $1.000.000 for a Revised Not to Exceed Amount of $2.000.000. and Extendina the Term for One Year. On June 7, 2006, Council awarded the Annual Contract for Earthmoving and Hauling to Gilliam and Sons, Inc. The Agreement includes provisions for extension for additional one-year terms and price escalation based on the Consumer Price Index or Producer price Index, whichever is lower. City staff and Gilliam and Sons, Inc. agree to an extension of Agreement with a 1.66% price escalation based on the Consumer Price Index. 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 re-bid. Agenda Highlights June 6, 2007 Page 3 CONSENT CALENDAR HEARINGS Item 13a. General Plan Amendment NO.6 - Kern River Plan Element Referral for 8.36 Acres located South of Roberts lane, Accroximatelv 1.000 Feet West of North Chester Avenue. Herb Family Enterprises applied to Kern County for this GPA because it is under County jurisdiction. The City is acting on this item because the Kern River Plan Element states that any application for amendment to the Plan should be heard by the City Council first, who would then make a recommendation to the County Board of Supervisors. Approval would change the General Plan designation from Map Code 5.5 (Residential - Max. 1 Unit/Acre) to 5.2 (Residential- Max. 16 Units/Net Acre). Land uses in the area are generally institutional in nature; however, the property directly adjacent to the west is undeveloped, and is designated Map Code 5.3 (Residential - 10 Units/Net Acre). Additionally, the property to the north falls outside the boundaries of the Kern River Plan Element and is designated HMR (High-Medium Density Residential, maximum 17.4 units/net acre). That property is currently developed with a single-family residential subdivision and a mobile home park. City staff recommends changing the designation to Map Code 5.3 (10 Units/Net Acre). It is staff's opinion that the proposal is generally consistent with the intent of the Kern River Plan Element of the General Plan, and that a medium-density residential development would be compatible with surrounding uses. Additionally, a portion of the subject property may fall within a restrictive zone (Zone B2) under the Airport Land Use Compatibility Plan. Thus, staff's recommendation for Map Code 5.3 is appropriate, conditioned that a zone change includes a PO (Planned Development) Combining zone to ensure conformance with the Airport land Use Compatibility Plan. Council's action on this item will be forwarded to County staff for Board of Supervisors' consideration. Item 13b. Public Hearina to Consider a Resolution Adoctina a Procosed Commercial Refuse Rate Increase of 3.2% for FY 2007-08. This increase covers inflation and operating cost increases, maintenance costs, and costs for street sweeping and commercial wood waste recycling. The proposed fees would become effective July 1, 2007 Items 13c., 13d., and 13e. Protest Hearinas reaardina the Assessments for 12 Traffic Sianal Maintenance Districts. and Park and Street Landscacina Assessments for the Consolidated Maintenance District. Staff proposes no rate increases for the Traffic Signal Maintenance District. Park and Street Assessment rates for developments existing prior to January 12, 2005 will not be increased. For developments subsequent to January 12, 2005, the assessment will be increased only by the annual Consumer Price Index. Protests will be heard only on the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. Item 13'. Public Hearina to Consider an Increase in the Quantitv Rate for the Domestic Water Svstem. The proposed increase will raise the current rate from $0.74 per hundred cubit foot unit to $0.79 per unit on October 1,2007. No adjustment in the readiness-to-serve charge is proposed. A typical resident will see a total increase of $1.40 per month. To date, no protest letters or comments have been received. Agenda Highlights June 6, 2007 Page 4 HEARINGS Item 14a. Public Hearing to Consider the FY 2007-08 Ocerating. Redevelocment Agencv and Cacital Imcrovement Proaram Budaets. The FY 2007-08 Budget is proposed at $659,174,266, which includes a $365,891,726 Operating Budget, $17,657,453 Bakersfield Redevelopment Agency Budget, and a $275,625,087 Capital Improvement Budget (including Redevelopment Agency capital improvements). Final adoption of the budget is scheduled for June 20,2007. Item 14b. Public Hearina to Consider a Resolution Adoctina a Procosed Sewer Rate Increase of 14.8% for FY 2007-08. Sewer user charges and fees are established annually to recover costs reasonably incurred in providing regulation, operation, maintenance, replacement, and capital improvements for the storm water/sewer collection systems and wastewater treatment plants. This atypical rate increase of 14.8% is due to the Plant 3 Expansion/Upgrade project. If approved, the user rate for a single-family dwelling will increase from $135 to $155 per year. Hospitals will have an additional rate increase on top of the proposed 14.8%, increasing from $75.74 to $93 per bed. This hospital rate is part of a 7 -year phase-in period adopted by Council on May 16. 2001. Fiscal Year 2007/08 will be the final year for the phase-in period. Item 14c. Public Hearina to Consider a Resolution Adoctina a Procosed Residential Refuse Rate Increase of 3.2% for FY 2007-08. Two refuse service collection rates are proposed to be increased in this hearing: single-family and multi-family dwelling (up to four units). The single-family rate is proposed to be increased from $169.08 per unit to $174.48 per unit per year. The multi-family rate is proposed to be increased from $152.88 per unit to $157.80 per unit per year. The increase covers inflation and operating cost increases, maintenance costs, and costs for greenwaste carts and recycling equipment to meet the state recycling mandates. The proposed fees would become effective July 1, 2007. As of May 29, 2007, the City Clerk had received 6 written letters protesting the refuse fee. REPORTS The Finance Director will give an overview of Wastewater Expansion Project Financing Plan and Sewer Rate Survey. n- Approved: Alan Tandy, City Manager . cc: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File (9........."..'"'" .6t. ,~ , \ ,."..,. ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Workshop ITEM: :;. Ct. TO: Honorable Mayor and City Council FROM: John W. Stinson, Assistant City Manager DATE: May 7, 2007 CITY MANAGER -61n- SUBJECT: Department Budget Presentations for Rabobank Arena, Theater and Convention Center RECOMMENDATION: BACKGROUND: The Rabobank Arena, Theater and Convention Center will provide a detailed overview of their FY 2007- 2008 proposed operating budget. The budget overview will include discussion regarding goals, accomplishments, and significant budget changes. JWS:al 51712007 3:28 PM S:\Admin Rpts\2007\Budget Hearings 060607.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Closed Session ITEM: L4. 0.. ~ b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney May 24, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED vb! !/? 01u3 SUBJECT: 1. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (Two issues). 2. Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Four cases). . City of Bakersfield v. City of Shaffer, et al Kern County Superior Court Case No. S-1500-CV-260277-RJO . City of Bakersfield v. North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW . City of Bakersfield v. Oildale Mutual Water Company Kern County Superior Court Case No. S-1500-CV-260384-LPE . Thomas Teagarden v. City of Bakersfield, Bakersfield Police, et al USDC. Eastern District. Case NO.1 :07-CV-00054-AWI-TAG VG:dll S:ICQUNCIL ICI SesslAdminsI06-07\06-06-07ExistLit4PotLit3cases .doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 TO: FROM: DATE: Honorable Mayor and City Council Roberta Gafford, Acting City Clerk May 25, 2007 AGENDA SECTION: Consent Calendar ITEM: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the May 23, 2007 Regular Council Meeting. APPROVED 1- ~ RECOMMENDATION: Staff recommends approval. BACKGROUND: pi ADMINISTRATIVE REPORT MEETING DATE: June 06,2007 AGENDA SECTION: Consent Calendar ITEM: \.;1. h. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /f/S: 181M @V May 24,2007 SUBJECT: Approval of department payments from May 11, 2007 to May 24, 2007 in the amount of $11,062,420.23 and self insurance payments from May 11, 2007 to May 24, 2007 in the amount of $320,537.13. RECOMMENDATION: Staff recommends approval of payments totaling $11,382,957.36. BACKGROUND: RAR May 24, 2007, 3:04PM S:\Richard\AP\ADMI N-AP .doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: \&. .c.,. TO: FROM: Honorable Mayor and City Council ~ DEPARTMENT H~fi In fllL. CITY ATTORNEY l4 CITY MANAGER Donna L. Kunz, Economic Development Director DATE: May 29,2007 SUBJECT: First reading of ordinances regarding Redevelopment Legislation - SB 53 and SB' 1809 (Wards 1 & 2). 1) Downtown Redevelopment Project Area 2) Old Town Kern - Pioneer Redevelopment Project Area 3) Southeast Bakersfield Redevelopment Project Area RECOMMENDATION: Staff recommends first reading of ordinances. BACKGROUND: In January, 2005, the Legislature adopted Senate Bill 53. SB53 requires that, prior to July 1, 2007, the legislative body adopt an ordinance reiterating the redevelopment agency's program regarding the use of eminent domain. This bill applies to all redevelopment plans adopted prior to January 1, 2007 including those that have no or limited use of eminent domain. The use of eminent domain is set forth in each redevelopment plan. No new or expanded powers are granted to the redevelopment agency. Related to SB 53, Senate Bill 1809 requires that redevelopment agencies, upon approval by the legislative body, record with the county recorder the project area description and a statement that proceedings for the redevelopment of the project area have been instituted following the law. For existing redevelopment plans which authorize the use of eminent domain and were adopted prior to December 31, 2006 this notice must be filed with the county recorder prior to December 31,2007. The adoption of the ordinances satisfies the requirements under SB 53 and authorizes the recordation of the notice required under SB 1809. In addition, these specific legislative actions have no impact on the Redevelopment Agency because each ordinance reiterates what is already contained in the various redevelopment plans. S:\Admins\City Council\City Council Admins 2007\SB530rdinanceFirstReading6.6.2007.doc 5/29/200711 :31 AM ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: I~.d. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD n--- May 23, 2007 CITY ATTORNEY fl1: CITY MANAGER 61J3 SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 123-02) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 0.87 acres generally located on the north side of Elcia Drive, immediately west of the Highway 99 on-ramp. (ZC 06-1099 - John Thomsen, representing John A. & Terry Thomsen; Howard and Betty Lamond). (Ward 1, upon annexation). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 9, 2007. The proposal would allow for the development of an additional 19,700 square feet of mini-storage space expansion on the 0.87 acre project site. This project represents infill development of vacant land adjacent to Freeway 99. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on March 15, 2007. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 14,2007, in accordance with CECA. JS:pjt S:\GPA 1st 2007\06-1099\Staff Reports\Admin Report_2nd Reading.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: lOt. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD~ May 17, 2007 CITY AnORNEY~ CITY MANAGER X1J2J Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 124-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from M-3 (Planned Unit Development Zone) to M-1 (Light Manufacturing Zone) on 17.7 acres, located along the north side of East Pacheco Road, generally west of Cottonwood Road. (ZC 05-1561 - Jerry Hendricks, representing Eagle Meadows of Bakersfield III, LLC) (V'Jard 1) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 9, 2007. The proposal would allow for the development of light manufacturing uses on the 17.7 acre project site. The Planning Commission conducted a publiC hearing on this zone change and recommended approval to the City Council on March 15, 2007. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 1, 2007, in accordance with CEOA. MO:dc - S:\GPA 1st 2007\05-1561\S R Admin\Admin Rpt 05-1561 2.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: . . TO: FROM: DATE: Honorable Mayor and City Council APPROVED May 16, 2007 CITY ATTORNEY CITY MANAGER Stanley C. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-25) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from P.U.D. (Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 11.18 acres located north of Niles Street, west of Park Drive (ZC 06-2198 - Mike Nelson representing Danco Development) (Ward 3). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 9, 2007. The proposal would allow for the development of approximately 57 single family dwelling units on the 11.18 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on April 5, 2007. The applicant appealed the decision of the Planning Commission to approve the project subject to conditions and mitigation measures. Specifically, the appeal was based on a condition by Public Works (see page 2 "Mitigation/Conditions of Approval" condition no. 7) which requires the developer to construct a street near lot 16 which aligns with Franklin Street to the west. At the May 9, 2007 City Council meeting, David Meyers, representing the applicant, proposed an alternative to the requirement that the applicant construct a road to connect to the county street west of the project site. Mr. Meyers proposed a walkway path from the west end of the new Willis Street that would connect to the county road. City staff reviewed the suggested alternative and found the proposed walkway infeasible due to restrictions associated with the Southern California Edison tower line easement. The City Council voted to deny the appeal and to approve the project subject to staff recommendations as submitted. Conditions of approval and mitigation measures which address cultural resources, neighborhood access, traffic and public improvements are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 19,2007, in accordance with CEOA. ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: 1;;)..rA' lJ TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD .sir-- May 23, 2007 CITY ATTORNEY 1!: CITY MANAGER Q1V'S SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 101-34) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 4.4 acres generally located at the northwest comer of Stockdale Highway and Claudia Autumn Drive. (ZC 06-1688 - Marino and Associates representing Raul Ridenour) (Ward 4, upon annexation) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 9,2007. The proposal would allow for the development of 20 single-family residential dwelling units on the 4.4 acre project site. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on March 15, 2006. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 19, 2007, in accordance with CEQA. JS:pjt S:\GPA 1 st 2007\06-1688\Staff Reports\Admin Report 06-06-07.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \~.n. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ May 24, 2007 CITY ATTORNEY f?1:- CITY MANAGER ~ SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.45 acres and from C-1 (Neighborhood Commercial) to C-2/PCD on 15.3 acres generally located on the southwest corner of the Seventh Standard Road and Calloway Drive intersection (ZC 06-1699 - Adavco, Inc. representing Michel & Margaret Etcheverry Family, LLP) (Ward 4 Upon Annexation). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 23, 2007. The proposal would allow for the development of approximately 438,000 square feet of commercial retail space. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on April 19, 2007. Several individuals present at the hearing opposed the proposed project. The individuals stated concerns regarding the impacts to existing traffic conditions, the timing of the widening of 7th Standard Road and rejecting the type of businesses commercial zoning allows. The City Public Works department has placed conditions of approval on the application regarding the improvement to Seventh Standard Road that includes the following: . The applicant is required to dedicate sufficient right-of-way to accommodate a six-lane, 126- foot right of way along Seventh Standard Road to conform to Expressway standards; . The city/county are to construct the internal four lanes of Seventh Standard Road; the applicant is required to construct the outside eastbound lane; . The applicant is required to construct any additional turn lanes that will service the subject property; and . The applicant is required to dedicate sufficient right-of-way and construct an additional 30 feet of landscaping along the south side of Seventh Standard Road (20 feet more than the requirement for Arterial standards). ADMINISTRATIVE REPORT Page 2 Access to commercial property from Seventh Standard Road is permitted only with the construction of a fourth auxiliary access lane along the commercial area with right in and right out only, to and from Seventh Standard Road. In addition, access to the proposed commercial site from the surrounding neighborhood is improved with the project condition that requires local roads on the western and southern boundaries of the project site. The local roads will decrease the amount of traffic entering the site from Calloway Drive and 7th Standard Road. Various technical studies were completed for the project including traffic impact, air quality, cultural resource and urban decay studies. The applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, neighborhood access, zoning limitations, traffic and public improvements are recommended as part of the project approval. A condition was added to restrict the zoning to include a PCD overlay and limit the types of uses that could be allowed. Staff held a meeting with the applicant and some individuals that were present at the Commission meeting to discuss concerns about the types of use C-2 zoning allows. The result was an added condition on the C-2 PCD Zone Change application to prevent the following uses on the project site: adult entertainment establishments, card room, bingo parlor, funeral services, crematories, sanitarium, pawnshops and taxidermy. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 12, 2007, in accordance with CEOA. S:\GPA 1st 2007\06-1699\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: '~.i. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director May 24, 2007 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY fj(J- CITY MANAGER 6kJ; SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 142-03) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 19.55 acres generally located on the north side of Engle Road, between Ashe and Stine Road (ZC 06-1039 - McIntosh & Associates representing Bakersfield 19, LLC) (Ward 6 Upon Annexation). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 9, 2007. The proposal would allow for the development of approximately 200 single family dwelling units. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on March 15, 2007. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, hazardous materials, Williamson Act land use contract cancellation, bike circulation, odor impacts, traffic and public improvements are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 8, 2007, in accordance with CECA. S:\GPA 1st 2007\06-1039\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ. \. u TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 5-t;--- May 18, 2007 CITY ATTORNEY [}:1 CITY MANAGER ~ SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 142-03) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 10.02 acres, R-1 (One Family Dwelling) on 24.74 acres, and R-2 (Limited Multiple Family Dwelling) on 3.72 acres generally located on at the northeast comer of Ashe Road and Engle Road (ZC 06-1031 - Dominique Minaberrigarai representing Minaberri Family Trust) (Ward 6 Upon Annexation). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on May 9,2007. The proposal would allow for the development of approximately 68 single family dwellings, 96 multi- family dwellings, and 95,000 square feet of commercial buildings. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on March 15, 2007. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, cultural resources, Williamson Act land use contract cancellation, bike circulation, neighborhood access, traffic and public improvements are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on January 26, 2007, in accordance with CEQA. S:\GPA 1st 2007\06-1031\Staff Reports\Admin 2nd Read.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \:l. \. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ ~ May 21, 2007 SUBJECT: Adding Delinquent Sewer Charges to County Tax Bill: 1. Resolution providing for the collection of delinquent sewer charges by the Kern County Tax Collector. 2. Resolution authorizing the Kern County Tax Collector to establish two special accounts to track collection of Plant # 2 and Plant # 3 delinquent sewer 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 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. May 30. 2007. 12:01PM G:\GROUPDA liADMINRPT\2007\06-06\Wastewater Deliquent Accts-AdmRpt.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \~.m. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED I}C 1M 610 May 16, 2007 SUBJECT: Adding Delinquent Refuse Charges to the County Tax Bill: 1. Resolution providing for the collection of delinquent refuse charges by the Kern County Tax Collector 2. Resolution authorizing the Kern County Tax Collector to establish a special account to track collection of delinquent refuse 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 $367,400 billed for prorated services for new homes starting throughout the year, approximately $47,000 remains delinquent and will be collected through this resolution. May 30. 2007. 12:06PM G:\GROUPOAT\ADMINRPn2007\06.o6IAdmin Rpt_ReSidential KC OeIinqent Refuse Charge fund(07.o8).doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: \;L. (\ . TO: FROM: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: May 22, 2007 SUBJECT: A Resolution Supporting State Assembly Bill 802 (Salas) Concerning Criminal Gang Activity. RECOMMENDATION: The Safe Neighborhoods and Community Relations Committee recommends adoption. BACKGROUND: If adopted, Assembly Bill 802 would establish the California Commission on Gang Prevention and Intervention. That Commission would be made up of the Attorney General, several legislators, several state agency members, a representative from a district attorney's and a public defender's office and two representatives from local law enforcement. The Commission would be slated to develop a more strategic, coordinated, and collaborative effort between the state, municipalities, law enforcement agencies, social service providers, and the general public with the objective of significantly curtailing gang involvement and its negative impact on communities. The Commission will look to identify local, state and federal funding sources and submit recommendations to the legislature on or before July 1, 2009. The Safe Neighborhoods and Community Relations Committee supports the passage of the bill and recommends that the City Council support it also. JS:js May 22, 2007, 9:30AM S:\COUNCI L \Admins\06-07 Admins\assemblybiIl802.dot ADMINISTRA TIVE~REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent ITEM \J. '0. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~/~ CITY ATTORNEY fl!-:: CITY MANAGER ~ Stanley C. Grady, Development Services Director May 18, 2007 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 in the City for which structures have been secured against entry or for the abatement of weeds, debris and wS'ste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on May 14, 2007, 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 matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION ~ COST Ward 1/Councilmember Irma Carson 1. 2. 3. 4. 27 Clyde St. 28 Clyde St. 101 Clyde St. 1617 DeWolfe St. 018-432-14-00-9 018-431-13-00-9 018-390-15-00-7 019-101-01-00-5 $ 420.00 $ 895.00 $ 295.00 $ 420.00 May 14. 2007, 2:21PM C:\Documents and Settings\bbrown\Desktop\ADMIN\admln report June 6.doc ADMINISTRATIVE REPORT Page 3 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 5. 508 S. Haley St. 019-101-06-00-0 $ 220.00 6. 2009 Madison St. 170-111-13-00-7 $ 645.00 7. 502 Dr. MLK Jr. Blvd. 018-122-17-00-8 $ 1,045.00 8. 907 Dr. MLK Jr. Blvd. 019-152-06-00-2 $ 320.00 9. 900 Dr. MLK Jr. Blvd. 018-061-14-00-5 $ 295.00 10. 916 Dr. MLK Jr. Blvd. 018-061-13-00-2 $ 295.00 11. 1000 Dr. MLK Jr. Blvd. 018-032-02-00-8 $ 995.00 12. 19 Milham Dr. 139-432-02-00-6 $ 745.00 13. 132 Milham Dr. 139-421-06-00-8 $ 370.00 14. 1413 Ralston St. 018-122-07-00-9 $ 440.00 15. 200 E. 8th St. 139-191-08-00-8 $ 1,020.00 16. 1131 8th St. 009-332-06-00-1 $ 545.00 17. 1422 9th St. 018-061-18-00-7 $ 795.00 Ward 21Councilmember Sue Benham 18. 1311 Brown St. 015-140-14-00-0 $ 175.00 19. 1521 Flower St. 015-020-10-00-3 $ 645.00 20. 1108 Kentucky St. 015-390-14-00-3 $ 595.00 21. 1102 Kern St. 014-150-09-00-2 $ 320.00 22. 315 Lake St. 014-240-14-00-2 $ 745.00 23. 1206 Oregon St. 015-100-15-00-1 $ 1,245.00 24. 1607 Oregon St. 138-130-04-00-4 $ 345.00 25. 918 Quincy St. 013-160-11-00-3 $ 370.00 26. 1501 Quincy St. 015-030-01-00-0 $ 295.00 27. 1315 Robinson St. 015-170-17-00-8 $ 620.00 28. 631 E. 19th St. 016-190-07-00-2 $ 745.00 29. 1108 E 18th St. 017-180-14-00-6 $ 260.00 Ward 3/Councilmember Ken Weir 30. 6204 Olive Knolls Dr. 365-151-15-00-5 $ 445.00 Ward 5/Councilmember Harold Hansen 31. 7900 Calle Espada 339-442-01-00-4 $ 920.00 May 15, 2007, 12:33PM C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report June 6.doc ADMINISTRATIVE REPORT Page 3 PROPERTY LOCATION APN COST Ward 6/Councilmember Jacauie Sullivan 32. 6511 Bronson Ln. 355-382-09-00-9 $ 345.00 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. May 15. 2007. 12:35PM C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report June a.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: \.1.. o. \ TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED rife IJ;n4 ~ May 24, 2007 SUBJECT: Resolution adding the following territory 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. (Ward 4) 1. Area 1-71 (Renfro, Brimhall W) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On May 23, 2007 the Council adopted Resolution of Intention No. 1535 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner 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 their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. Jun6_Est.dot ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \ . . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~~fROVED Ji(, /JJid 6103 May 24, 2007 SUBJECT: Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area (Ward 3): 1. Resolution of Intention No. 1536 to establish the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. RECOMMENDATION: Staff recommends approval of Resolution of Intention and first reading of Ordinance. BACKGROUND: The City proposes to extend Miramonte Drive south to Chase Avenue and to extend Chase Avenue west to Comanche Drive. These extensions will provide the residents of the Rio Bravo Area with a much needed connection to Comanche Road and State Highway 58. Construction of this road connection was a requirement of the property owner (Arnold Pettit) of Section 23, T.29 S., R.29 E., M.D.M., and the subdivider of Tentative Tracts 6839 through 6844 (GFC Properties LLC). Other properties being developed in the Rio Bravo area have been required to participate or contribute to the cost of construction of this thoroughfare. As a part of the condition of GPA/ZC 05-0875 on Section 23, the City agreed to assist the owner in a method to reimburse him for the cost of acquiring right of way, design of improvement plans and construction of Miramonte Drive and Chase Avenue as outlined above. A Bridge and Thoroughfare District is the method which will accomplish this goal. The Bridge and Thoroughfare District will require payment of the proportionate share of cost of the road of all undeveloped properties within the benefited area upon their development. This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the fee schedule. The resolution sets a hearing for June 20, 2007. This Ordinance adds the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area to the list of bridge crossings and major thoroughfares for which subdividers/developers are charged at time of development to pay the cost of constructing the planned facilities. mps May 24, 2007, 3:30PM G:\GROUPDA T\ADMI NRPT\2007\06-06\Miramonte-Chase ROI.doc ADMINISTRATIVE REPORT MEETING.DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \J.r. TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER f/ 'f \~~~ ~ &v? May 15, 2007 SUBJECT: Resolution of Intention #1537 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No.2, Division 31 (Sports Village) - 0Nard 6) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The formation of this district will require that all affected utility companies remove the overhead lines within the Sports Village and the Wastewater Treatment Plant No. 3 and place them underground. The district is bounded by McCutchen Road on the north, Ashe Road on the east, Taft Highway on the south, and Old River Road on the west. The Resolution sets the date of June 20, 2007 for the protest hearing. mps May 24,2007, 10:45AM G:\GROUPDAT\ADMINRPT\2007\06-06\Sports Village Underground ROI.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: lJ..s. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ./;.11) 11 "-- MJt>4 ~ May 18, 2007 SUBJECT: Resolution of Intention No. 1538 to add territory, Area 3-70 (McCutchen, Mountain Ridge NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and 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 owners of Tentative Tract No. 6387 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 3-70 is generally bounded by a line approximately 1,320 feet south of Berkshire Road on the north, Stine Road on the east, McCutchen Road on the south and Mountain Ridge 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(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr May 18, 2007. 10:50AM MD3-70Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: IJ. t-. TO: FROM: DATE: Honorable Mayor arid City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ GtJ7 May 22, 2007 SUBJECT: Resolution of Intention No. 1539 to add territory, Area 3-69 (Ashe, McCutchen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and 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 owners of Parcel Map Waiver No. 07-0742 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 3-69 is generally bounded by Berkshire Road on the north, Mountain Ridge Drive on the east, McCutchen 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(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr May 22, 2007, 9:58AM MD3-69Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: I;)... Ll. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ L May 14, 2007 SUBJECT: Permanent Pump Station Construction at Wastewater Treatment Plant NO.3 (Ward 6): 1. Amendment No. 1 to Resolution No. 076-06 dispensing with bidding procedures for construction of a permanent pump station for Wastewater Treatment Plant No.3, increasing the not to exceed amount from $8,000,000 to $10,800,000. 2. Appropriate $2,800,000 from the Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Budget for construction of project. 3. Amendment No. 1 to Agreement No. 06-136 with Floyd Johnston Construction Company, Inc. ($3,500,000; revised not to exceed $10,000,000) for construction of project. RECOMMENDATION: Staff recommends approval of appropriation and amendments. BACKGROUND: On March 8, 2006, Council approved Resolution 076-06, dispensing with bidding procedures in order to expedite the construction of a permanent pump station for Wastewater Treatment Plant NO.3. At that time, the design of the pump station was approximately 30% complete. Preliminary estimates indicated the cost to construct the new permanent pump station to be approximately $8,000,000. Current estimates indicate a final project cost of $10,800,000. Since the Council approval for the emergency construction of the pump station, staff has proceeded at an accelerated design and construction pace. Given that the plans were only 30% complete at the start of this project, several elements were not included in the original estimates. Furthermore, increases in material cost for concrete, steel, and electrical wiring resulted in additional unforeseen costs. We currently have 100% complete plans and have completed 75% of the construction of the pump station. With a complete set of plans and taking into account the increase of material cost since the original estimate, the final project cost has been determined at $10,800,000. Continuing the work with the current contractor would be ideal for the critical pace of this emergency project. The current working pump station continues to fail and needs to be replaced as soon as possible. Staff recommends amending the agreement with Floyd Johnston Construction in order to complete the McCutchen/Gosford Sewer Lift Station. An additional appropriation of $2,800,000 is needed to fund this amendment. G:\GROUPDAT\ADMINRPT\2007\06-06\Const of emergency station Final Admin.doc Created on 5/16/2007 10: 18:00 AM ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: I~ . " . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER May 18, 2007 CS1tJ7 SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC, and Lennar Homes of California, INC., for Tract 6328 Unit 2 located at the southwest intersection of Panama Lane and Mountain Vista Drive. (Ward 5) 2. Final Map and Improvement Agreements with McMillin Arlington Park, LLC for Tract 6331 Unit 1 located east of South Union Avenue off Hoskings Avenue. ( Ward 7) 3. Final Map and Improvement Agreements with Lo Land Assets, LP and Lennar Homes of California, INC., for Tract 6343 Phases 1 & 2 located at the northwest intersection of Etchart Road and Calloway Drive. (Ward 4) 4. Final Map and Improvement Agreements with Standard Pacific Corp., for Tract 6387 Phase 2 located at the northeast intersection McCutchen Road and Mountain Ridge Drive. (Ward 6) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs May 18, 2007, 4:32PM G:\GROUPDAl\ADMINRPT\2007\06-06\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: 1.1. vJ. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ ~ ~ May 22, 2076 SUBJECT: Agreement between Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. and City of Bakersfield to provide legal services for acquisition of right-of-way for the construction of the Wests ide Parkway, in an amount not to exceed $100,000. (Wards 2, 4, and 5) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The Westside Parkway is part of the circulation element of the Metropolitan Bakersfield General Plan. It is a projected east-west transportation corridor through the City of Bakersfield, starting approximately east of Heath Road and Stockdale Highway, continuing for approximately eight miles and terminating just west of Freeway 99. There are approximately nine (9) parcels of real property necessary for the City of Bakersfield to acquire for construction of the Westside Parkway. At this time, the City wishes to retain outside legal services to handle the right-of-way/eminent domain cases associated with six (6) of said properties. The law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. has expertise in this area and utilizing the services of this law firm is in the best interests of the City. This arrangement will benefit the City by allowing us to better predict our financial obligations and hopefully achieve a cost savings while retaining experienced legal counsel in this specialized area. RMS:lsc May 23, 2007, 9:40AM S:\COUNCIL\Admins\06-07 Admins\AttyRtnrAgr. GriswoldLaSalle.WSParkway.dot ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENq~ SECTION: Consent Calendar ITEM: 101..)C. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director May 22, 2007 SUBJECT: Design/Build Agreement with Performance Electric ($1,182,587.66) for design and construction of On-Site Electrical Distribution System at City of Bakersfield Green Waste Recycling Facility (Ward 1). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In order to improve air quality in the San Joaquin Valley, the Air Quality Control Board has established new regulations to replace the existing diesel powered equipment with new electric powered equipment. The City has purchased some of the electric equipment through grants issued by the Rose Foundation and the remaining electric equipment is in the process of bidding. In general, the scope of work for this project is to design and build an on-site electrical distribution system that will be compatible for the three processing areas currently in operation as well as a future processing area. In March 2007, staff began the Qualification Based Selection process to select a design/build team for the design and construction of the On-Site Electrical Distribution System at the Green Waste Recycling Facility. On March 21, 2007 Request for Qualifications were sent out to interested firms. On April 11 , 2007, Statements of Qualifications (SOQs) were received from the following three firms: San Joaquin Electric (Stockton, CA); Berg Electric (Escondido, CA); and Performance Electric (Bakersfield, CA). These SOQs were reviewed by the Selection Committee. After reviewing the SOQs, the following two firms were invited to interviews with the City and to prepare a fee proposal; Berg Electric and Performance Electric. However, Berg Electric declined to submit a Fee Proposal leaving erformance Electric as the only responsive firm for the interview. On May 9, 2007, the interview was conducted. The Selection Committee found the firm of Performance Electric to have the combination of qualifications and fee proposal which is most favorable for the City. Therefore, staff recommends that the City enter into a design/build contract with Performance Electric for the On-Site Electrical Distribution System at the Green Waste Recycling Facility. The County of Kern will pay for approximately 30% of this project through the Greenwaste Cost Sharing Agreement. PW IDesign Engineering/NSG May 23, 2007, 2:07PM G:\GROUPDA T\ADMINRPT\2007\06-06\Design_Build_ADMINRPT.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \J..". I FROM: Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD 4- CITY ATTORNEY ~ CITY MANAGER ~ TO: Honorable Mayor and City Council DATE May 18,2007 SUBJECT: Agreement with Wilson & Associates (not to exceed $111,000) to provide Continuing Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 19 active Assessment Districts, with a total bonded indebtedness of $80,380,000.00 which all require Continuing Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an annual report containing certain financial information and operating data relating to each Assessment District and the property within the Assessment District. This covenant has been made in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of reporting requirements. This agreement will allow us the use of a professional consultant to process these Continuing Disclosure Reports and meet the deadlines imposed by the Securities and Exchange Commission. The cost of these services will be charged to the related Special Assessment District. S:\CONNIECOREY\ADMIN-WILSON-CONTDISCAGMT.DOC ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \~. 7-. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED May 17, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 0kJ3 SUBJECT: Proposed Assessment District No. 07-1, (Vista View Estates). 1. Agreement with Wilson & Associates for Assessment Engineering. 2. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. 3. Agreement with Goodwin Procter, LLP, Disclosure Counsel, for legal services. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Agreements. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this r proposed assessment district. The City has a deposit from the developer to pay for the initial cost to start the assessment district. Then the dollar amounts within these agreements are paid for with assessment district bond funds. The proposed assessment district is named Vista View Estates and is located east of Gosford Road, south of Berkshire Road, west of Reliance Drive and north of McCutchen Road and is planned for new residential development. The applicant Petrini Bakersfield 5 Ventures, LLC plans to sell a portion of the property to merchant builders who will construct residential units, with acquisition of the improvements occurring upon completion. The improvements include road construction of McCutchen Road, Gosford Road and Berkshire Road. Other improvements will be street signs, street lights, survey monuments, curbs, gutters, sidewalks and storm drains, block walls, grading and paving improvements. Once the Agreements are adopted, the next step is to prepare the Resolution of Intention and for the assessment engineer to prepare the Boundary Map. Jas May 17, 2007, 4:52PM G:\GROUPDA T\ADMINRPT\2007\06-06\AD07 -1 agreements.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITE M : \;::t. ().[).. . DATE: APPROVED if DEPARTMENT HEAD ,/ 1",,- CITY ATTORNEY ~ CITY MANAGER om SUBJECT: Design Consultant Agreement with Mead & Hunt, Inc. ($231,000) for design of airport taxi lane and apron expansion (Ward 1). Honorable Mayor and City Council Raul M. Rojas, Public Works Director TO: FROM: May 23, 2007 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This project will provide for design of the infrastructure necessary to build additional hangars at the Bakersfield Municipal Airport. All current spaces for hangar construction are leased and there are currently 20 individuals on a waiting list to obtain ground leases for hangar construction. Development of the area in the southwest corner of the Airport will accommodate various size hangars to meet the needs of aircraft owners. Staff solicited Requests for Qualifications for the selection process and received one response from Mead & Hunt, Inc. Their response was found complete and they are well qualified to complete this design work. The consultant submitted a scope of work and cost proposal. The scope of work includes an update to the Airport Layout Plan, Airport Property Map and design of taxi lane and apron expansion. The project is funded 95% by a grant from the Federal Aviation Administration (FAA). FAA staff have reviewed and given their approval for award of this agreement. Sufficient funds are budgeted to award this agreement. May 23,2007, 12:08PM G:\GROUPDAT\ADMINRPT\2007\06-06\Mead & Hunt Agr.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \J... bb. TO: Honorable Mayor and City Council APPROVED /J/) DEPARTMENT HEAD ;;(1.( ___' CITY ATTORNEY Yr8JrkJ CITY MANAGER Q\Js FROM: Raul Rojas, Public Works Director DATE: May 15, 2007 SUBJECT: Amendments to extend the period for engineering services for various On-Call Civil Engineering and Surveying Agreements ($150,000 each; total not to exceed $450,000 each): 1. Amendment NO.1 to Agreement No. 05-246 with Boyle Engineering Corp.' 2. Amendment NO.1 to Agreement No. 05-247 with DMJM Harris, Inc.' 3. Amendment No. 1 to Agreement No. 05-248 with Harris & Associates, Inc. 4. Amendment NO.1 to Agreement No. 05-249 with Meyer Civil Engineering, Inc: 5. Amendment No. 1 to Agreement No. 05-250 with Parsons Transportation Group. 6. Amendment NO.1 to Agreement No. 05-251 with T.Y. Lin International. ' 7. Amendment NO.1 to Agreement No. 05-252 with-Willdan. . RECOMMENDATION: Staff recommends approval of Amendments. BACKGROUND: The current On-Call Civil Engineering and Surveying Agreements, approved by City Council on July 6, 2005 with a not to exceed compensation clause of $300,000 each, are for services to be provided during Fiscal Years 2005-06 and 2006-07. These agreements will expire on June 30, 2007. Staff planned to issue a call for new On-Call Civil Engineering and Surveying agreements, with the goal of awarding those new agreements in June or July, 2007. However, due to workload, staff has been unable to issue that call. Therefore, staff proposes to extend the current agreements and assign additional projects to these firms. This amendment extends the time frame of the agreements to December 31, 2007 and increases the compensation cap to $450,000, an increase of $150,000 each. This increase will cover the consultants' fees for the new work assignments. Funding for this amendment will be from budgeted capital improvement projects. Staff will prepare and process a new call for On-Call Civil Engineering and Surveying consultants in the fall of 2007. PW Engr I ADR G:\GROUPDAT\ADMINRPT\2007\06-06\Amend 1 On-Call Civil Eng. Agr.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: IQ.. c.c..... TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~::? ;81tb<i cflJS May 22, 2007 SUBJECT: Amendment NO.1 to Agreement No. 06-159 with Gilliam and Sons, Inc. ($1,000,000.00, revised not to exceed $2,000,000.00 and extending the term for one (1) year) for the Annual Contract for Earthmoving and Hauling. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On June 7, 2006, Council awarded the Annual Contract for Earthmoving and Hauling to Gilliam and Sons, Inc. The Agreement includes provisions for extension for additional one-year terms and price escalation based on the Consumer Price Index or Producer Price Index, whichever is lower. City staff and Gilliam and Sons, Inc. agree to an extension of Agreement with a 1.66% price escalation based on the Consumer Price Index. 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 re-bid. Purchasing Division OW S:\PURCH\ADMIN\Amendments\Gilliam and Sons, Inc., Annual Contract for Earthmoving and Hauling, #1, June 7, 2007.doc May 23,2007, 2:49PM ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: Id-.. et.-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD'y ~ May 18, 2007 CITY ATTORNEY r;;x/.- t/ CITY MANAGER (fli55 Environmental Impact Report (EIR) for General Plan AmendmentlZone Change No. 06- 1722 (Nickel Family LLC) generally located to the east of Alfred Harrell Highway, west of the City's eastern boundary, and encompasses both sides of Highway 178. (Ward 3). 1. Agreement with Nickel Family LLC ($257,000.00) for the preparation of an Environmental Impact Report (EIR). 2. Agreement with RBF Consulting ($192,222.00) to prepare (EIR). Appropriate $192,222.00, (developer's contribution) to the Development Services Operating budget in the General Fund. 3. RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: Nickel Family LLC is proposing the development of low and high density residential, commercial, open space and recreational uses on approximately 1,878 acres located to the east of Alfred Harrell Highway, west of the City's eastern boundary, and encompasses both sides of Highway 178. Applicant - City Agreement: This agreement acknowledges that Nickel Family LLC will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $257,000.00, which consists of $192,222.00 for the consulting services and $64,778.00 to reimburse the City for its costs and staff time 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. 06-1722 by RBF Consulting. CG: S:\GPA 4th 2007\06-1722 Rio Bravo Ranch\Contracts\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: I'l...~. TO: Honorable Mayor and City Council FROM: DATE: Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER May 23, 2007 <Jlo? SUBJECT: Reject all bids for one (1) three axle dump truck. (City Wide) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to over one hundred suppliers for one (1) three axle dump truck. Subsequent to the opening of bids it was determined that there was confusion regarding engine specifications. Staff will correct the specifications and re-advertise for bids. Purchasing Oivision OW S:\PURCH\AOMIN\Reject Bids - Three Axle Dump Truck. 06-07-98.doc May 23,2007 ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: \;2. May 23, 2007 APPROVED DEPARTMENT HEAD ~ ~ CITY ATTORNEY f/rIlA CITY MANAGER ~ TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director SUBJECT: Reject all bids for one (1) self-contained patch truck. (City Wide) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to over one hundred suppliers for one (1) self-contained patch truck. Subsequent to the opening of bids it was determined that there was confusion regarding engine specifications. Staff will correct the specifications and re-advertise for bids. Purchasing Division OW S:\PURCH\ADMIN\Reject Bids - Self-Contained Patch Truck, 06-07-92.doc May 23, 2007 ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: \d-.. hh. TO: Honorable Mayor and City Council FROM: DATE: Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ May 23, 2007 SUBJECT: Reject all bids for one (1) knuckle-boom trash loader truck. (City Wide) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to over one hundred suppliers for one (1) knuckle-boom trash loader truck. Subsequent to the opening of bids it was determined that there was confusion regarding engine specifications. Staff will correct the specifications and re-advertise for bids. Purchasing Division OW S:\PURCHIAOMIN\Reject Bids - Knuckle Boom Trash Loader Truck. 06-07-88.doc May 23, 2007 ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: 'a.ii. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED May 21, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ 0lU3 SUBJECT: Accept bid from Quinn Company in the amount of $295,004.00 for one (1) hydraulic excavator. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to forty-five (45) suppliers for providing one (1) hydraulic excavator to be used by the Public Works Department and the Water Resources Department.. One acceptable bid was received in response to solicitation and staff recommends award of the bid to Quinn Company, Bakersfield, California, in the amount of $295,004.00. Memo attached. Purchasing Division DW S:\PURCHIADMIN\Hydraulic Excavator, 06-07-83, Quinn Company, June 6, 2007.doc DMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: lel . . . . TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /V'3 /9m4 (5167 DATE: May 23, 2007 SUBJECT: Accept bid and award contract to HPS Mechanical (not to exceed $205,000.00) for the annual contract for sewer connection and septic tank abandonment for the McDonald Way/Stockdale Area Sewer Assessment Project. (Ward 1) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to Bid were sent to over one-hundred (100) contractors for the Annual Contract for Sewer Connection and Septic Tank Abandonment for the McDonald Way/Stockdale Area Sewer Assessment Project. The work consists of septic tank abandonment, installation of sewer line, installation of clean-out and property sewer line hook- up to the City lateral sewer for privately owned parcels for the McDonald Way/Stockdale Area Sewer Assessment Project, in conjunction with the McDonald Way Sewer and Lift Station Project. Funds for the project are provided by the Department of Housing and Urban Development. Two bids were received in response to solicitation. EDCD staff has reviewed the apparent low bid submitted by HPS Mechanical, Inc. in the amount of $487,630. The total bid includes septic tank abandonment, installation of sewer line, installation of clean-out and property sewer line hook-up to the City lateral sewer for sixty-five residential units. The FY 2006-07 project budget is $450,000 for sewer assessment, connection fee and septic tank abandonment and hook-up costs. After conducting an initial bid analysis, staff determined that, of the budgeted amount of $450,000, approximately $205,000 could be awarded directly to the apparent low bidder. The remaining funds will be used to pay for services charged directly by the Public Works Department. Unit prices bid are as follows: HPS Nicholas Item of Work Mechanical Construction __~_~~~~ti~I.~!._g.t-_. ___ Bak~r.~!iel<:!!-g~_.~ Abandonment of Tank._ $2!09E5__ __ . _.H.__._._._~_~!QQ~__.__...J I _.1 ns!?.!!.~~o!, of Se~~r:...~~_i es!~I!l~!.~.9.! _1gQ!i.I}.~~rJ~.~t) ___.___..__..~~~6~<?___._ ____ .... ..___~.? !..QgQ__ ___on; J~lall~tion..2!.f.!~_~~:Ql:l.!.______ ..... .... _...__.._ _________ ___ .___..__._._. ...._.~~:!.O__.___ .........' _.' _ .____~.?~~_._ __...__J __ Pro~_ Sewer LiQ.~!-look-h!E_~_gi'!y'!:.~!er~L!::~~_ _. ._____._ ._._......1l~~Z...___: _._____._~lQQ.___.____j __Estimate Total Cost per F!esid~"-!ial.Y_~L~.____....__..___._._____.____.___ _.____~Z'-~.9.~______; ______.!~,330____.J Purchasing Division S:\PURCH\ADMIN\AC for Sewer Connection and Septic Tank Abandonment for McDonald Way Sewer Assessment Project, 06-07- 84, HPS Mechanical, Inc., June 6, 2007.doc May 23, 2007 ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Consent Calendar ITEM: \~. \(.~. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY , ,~~ tms I CITY MANAGER 6l~ May 15, 2007 SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling $84,367.19 and forward non bankrupt accounts to a collection agency for additional collection efforts. RECOMMENDATION: Staff recommends authorizing the Finance Director to write off accounts receivable in various funds totaling $84,367.19 and forward non bankrupt accounts to a collection agency for additional collection efforts. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) Risk Management (Property Damage Claims) Police (Alarm Violations & Misc. Activity) Fire & Fire Safety (Environmental Services) Other TOTAL $35,357.00 5,907.26 21,843.56 11,989.00 9,041.00 229.37 $ 84.367.19 The recommended write off amount is about .16% of total billing, or less than 1/4 of 1 %. The private sector uses 1-2% as an acceptable write off benchmark. Bankruptcy proceedings make up 24% ($20,420.74) and Judgments make up 10% ($8,578.71) of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority attention. ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ.. \ \. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ./! I. / iI~ ~ 6W5 May 23, 2007 SUBJECT: Appropriate $300,000 Sewer Enterprise Fund balance to the Public Works Department's operating budget for increased costs associated with storm and sewer maintenance. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: This Administrative Report appropriates funds for several operating budget line items. There is no General Fund impact associated with the appropriation requests. Additional funds are needed to cover increased costs in several line items within the Public Works Department's operating budget within the Sewer Enterprise Fund. Actual costs are anticipated to come in higher than the current budget because of the following: . There have been several emergencies this year. Examples include the Allen Road sewer line. We have also experienced problems with several lift stations including McCutchen, Monitor, Bank, Fairfax, Hageman & Allen, Hageman & Jewetta, and Panama. These emergencies have impacted the overtime, equipment rental, and materials line items. . The cost for chemicals has increased this year with the addition of new homes. The demand for odor control has increased with these additional homes. G:\GROUPDATlADMINRPT\2007\06-06\Sewer Enterprise Fund Appropriation.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Hearings ITEM: I n fi. TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ DATE: May 18,2007 CITY ATTORNEY Jd.-. CITY MANAGER ()1.S7 SUBJECT: County of Kern General Plan Amendment NO.6 - Kern River Plan Element Referral Herb Family Enterprises has applied to Kern County for a General Plan Amendment to the Kern River Plan Element on 8.36 acres located south of Roberts Lane and approximately 1,000 feet west of North Chester Avenue. 1. Resolution recommending the Board of Supervisors approve a general plan amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan, changing the land use designation from Map Code 5.5 (Residential - Maximum 1 Unit/Acre) to Map Code 5.3 (Residential - Maximum 10 Units/Net Acre) on 8.36 acres. RECOMMENDATION: Staff recommends adoption of a resolution recommending that the Kern County Board of Supervisors approve of General Plan Amendment NO.6 to the Kern River Plan Element from Map Code 5.5 (Residential- Maximum 1 Unit/Acre) to Map Code 5.3 (Residential- Maximum 10 Units/Net Acre). BACKGROUND: Herb Family Enterprises has applied to Kern County for an amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan. Approval of the application as proposed would change the general plan designation from Map Code 5.5 (Residential- Max. 1 Unit/Acre) to 5.2 (Residential- Max. 16 Units/Net Acre). Staff is recommending that it would be more appropriate to change the general plan designation to Map Code 5.3 (10 Units/Net Acre). The subject property is under County jurisdiction. The City is acting on this item because the Kern River Plan Element states: "If application is made for amendment of the plan within an area of County jurisdiction, the notice of the proposed amendment shall promptly first be given to the City Council who shall promptly conduct a public hearing and make a recommendation on the proposal to the Board of Supervisors. The City recommendation shall be considered by the Board of Supervisors when they conduct the hearing on the proposal. " County staff conducted an initial study and a negative declaration was prepared in accordance with CECA. ADMINISTRATIVE REPORT Page 2 Land uses along the south side Roberts Lane (collector street) are generally institutional in nature. The properties directly to the east of the project, although designated Map Code 5.5 (1 Unit/Acre), are developed with a church (and associated residences) and a non-profit organization. The property directly adjacent to the west is undeveloped, and is designated Map Code 5.3 (Residential - 10 Units/Net Acre). Other properties to the west are developed with a senior center and a fire station. Property to the north, across Roberts Lane falls outside the boundaries of the Kern River Plan Element, and is designated HMR (High-Medium Density Residential, maximum 17.4 units/net acre). That property is currently developed with a single-family residential subdivision and a mobile home park. Properties at the intersection of North Chester Avenue and Roberts Lane, approximately 1000 feet to the west of the subject property, are designated for General Commercial and developed with convenience retail. City staff has reviewed the application and it appears the proposal is generally consistent with the intent of the Kern River Plan Element of the General Plan; and that a medium-density residential development would not be incompatible with surrounding uses. However, staff feels that the proposed density of 16 units/acre is too dense when considering the surrounding existing uses. Likewise, staff has noted that a portion of the subject property may fall within a restrictive zone (Zone B2) under the Airport Land Use Compatibility Plan. Thus, staff recommends approval of a General Plan Amendment to Map Code 5.3 (Residential- Maximum 10 Units/Net Acre) as this is more appropriate than the proposed 16 units/net acre, conditioned that a zone change include a PO (Planned Development) Combining zone to ensure conformance with the Airport Land Use Compatibility Plan. Council's action on this item will be forwarded to County staff for Board of Supervisors' consideration. RB - S:\Kem River\Kem River Plan Amendment\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Hearings ITEM: 13. b. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~l" CITY ATTORNEY CITY MANAGER XW? May 24, 2007 SUBJECT: Public hearing to consider resolution adopting proposed commercial refuse rate increase (3.2%) for Fiscal Year 2007/08 (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: State law requires new fees and charges as well as increases in existing fees and charges to be adopted by ordinance or resolution following a public hearing. Pursuant to Chapter 8.32 of the Bakersfield Municipal Code, it is the intent of the City Council to require the verification and recovery of costs reasonably incurred by the City from fees and charges levied. This public hearing provides the mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. A public notice has been published in the newspaper as required for this type of public hearing. As of May 24, 2007, no written protests have been received. The last refuse rate adjustment was one year ago. Commercial Solid Waste rates for FY 2007-08 reflect a 3.2% increase in rates for the various services. This increase covers inflation and operating cost increases, maintenance costs, and costs for street sweeping and commercial wood waste recycling. The proposed fees would become effective July 1,2007. tm May 24,2007, 2:30PM G:\GROUPDAT\ADMINRPT\2007\06-06\Admin Rpt_Commercial 07-08 2.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Hearings ITEM: 1'3. c... TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEADf;f/L CITY ATTORNEY ~ , CITY MANAGER ~ May 8, 2007 SUBJECT: Traffic Signal Maintenance Districts. 1. Protest hearing as required by Resolution of Intention No. 1533 regarding the assessments for twelve (12) Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's report for twelve (12) Traffic Signal Maintenance Districts and the 2007-2008 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Wards 1, 3, 4, 5, 6 and 7) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1533 on May 9, 2007, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2007-2008 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 6, 2007. Traffic signal assessment rates were not increased for the 2007-2008 fiscal year. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2007-2008 Traffic Signal Maintenance District assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1533 is on file in the City Clerk's office. de May 8,2007, 1 :06PM S:\PROJ ECTS\MAI NDIST\ TRAFSIG\Admin\ TS _FY07 -08_Hrg-AII.dot ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Hearings ITEM: 13.d. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,.112 _ DATE: May 8, 2007 CITY ATTORNEY Pm4 CITY MANAGER ~ SUBJECT: Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1532 regarding the park landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2007-2008 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Rates increase only for new developments) (All wards) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1532 on May 9, 2007, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2007-2008 park landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 6, 2007. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2007-2008 Consolidated Maintenance District park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. Resolution of Intention No. 1532 is on file in the City Clerk's office. de May 8,2007, 12:00PM S:\PROJECTS\MAINDIST\ADMINRPT\ADM_CMD_07-08_Hrg_Pk.dot ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Hearings ITEM: Ib.e. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEP=A:::::~~J CITY MANAGER 6/A.-;tj May 8, 2007 SUBJECT: Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1531 regarding the street landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2007-2008 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Rates increase only for new developments) (All wards) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1531 on May 9, 2007, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2007-2008 street landscaping budgets for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 6, 2007. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the street landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2007-2008 Consolidated Maintenance District street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "An of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. Resolution of Intention No. 1531 is on file in the City Clerk's office. de May 8, 2007, 9:58AM S:\PROJECTS\MAINDIST\ADMINRPT\ADM_CMD_07-08_Hrg-St.dot ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Consent Calendar Hearings ITEM: 13.f. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER May 25, 2007 SUBJECT: Public hearing to consider an increase in the quantity rate for the City of Bakersfield Domestic Water system. (Portions of Wards No.4, 5, 6 & 7) 1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System. RECOM MENDA TION: Staff recommends adoption of resolution. BACKGROUND: California state law under Proposition 218 requires that increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing on a proposed increase in the quantity rate on the City of Bakersfield Domestic Water System was mailed to each of the City's 37,460 customers and/or property owners that receive City water service. The mailing occurred during March and April 2007. As of May 24,2007, the City Clerk has received 0 letters protesting or commenting on the fee increase. The quantity rate is currently $0.74 per hundred cubic foot unit. The proposed rate will increase by $0.05 to $0.79 per unit on October 1, 2007. No adjustment to the readiness-to-serve charge is proposed. A typical residential customer will see a total increase of $1.40 per month. Due to new water supply programs, the cost of meeting water quality standards and the general inflation rate, overall expenditures have increased 4.6%. According to Proposition 218, if written protests against the proposed fee increase are presented by a majority of the customers and/or property owners that are receiving water service from the City, the City shall not charge the additional readiness-to-serve fee or the additional quantity rate. If written protests against the proposed increased fee and charges are not presented by a majority of the customers and/or property owners that are receiving water service from the City, the City Council may adopt the proposed fees and charges. 8:\2007 ADMIN REPORT8\June6rateinc.doc fi). : . v ADMINISTRA TIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Hearings ITEM: 1t1.lA. TO: Honorable Mayor and City Council APPROVED CITY MANAGER 67117 MJt4 ~ FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: May 8, 2007 CITY ATTORNEY SUBJECT: Public Hearing for the FY 2007-08 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: Each year a public hearing is required to receive public comment prior to adoption of the budget. The FY 2007-08 Budget is proposed at $659,174,266, which includes a $365,891,726 Operating Budget, $17,657,453 Bakersfield Redevelopment Agency Budget, and a $275,625,087 Capital Improvement Budget (including Redevelopment Agency capital improvements). Final adoption of the budget is scheduled for June 20, 2007. Prior to this public hearing, individual department budget presentations were made to the City Council on May 14, 2007; June 4,2007 and June 6,2007. Responses to Council budget questions resulting from the budget presentations were forwarded to each Council member. jws 5/8/2007 11 :27 AM S:\Admin Rpts\2007\Budget Hearing Operating,RDA,App Limit 060607 Admin.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Hearings ITEM: tLt. b. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED , ',) DEPARTMENT HEAD '~ L CITY ATTORNEY CITY MANAGER ~ May 21,2007 SUBJECT: Public hearing to consider resolution adopting proposed sewer rate increase (14.8%) for Fiscal Year 2007-08 (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code to recover costs reasonably incurred in providing regulation, operation, maintenance, replacement, and capital improvements for the storm water/sewer collection systems and wastewater treatment plants. Staff proposes a 14.8% increase in all sewer user charges. This atypical rate increase is due to the $193 million Plant 3 Expansion/Upgrade project. This project will be financed by the issuance of bonds. The annual debt service payments on these bonds are included in the proposed sewer user rate increase. Sewer connection fees will not be able to fully fund the anticipated annual debt payments associated with the bond financing. It is important to note that the Plant 3 Expansion project not only includes improvements to handle growth, the project also includes significant costs to: 1) upgrade the Plant to meet environmental regulations mandated by the State Water Resources Control Board, 2) new state of the art odor control to prevent odors from migrating to surrounding neighbors, and 3) extensive landscaping surrounding the Plant. The proposed rate increase will also provide funds to establish and replenish sewer reserve funds to adequate levels to provide certain assurances to bond holders and rating agencies regarding the financial stability of the enterprise. If approved, the user rate for a single family dwelling will increase from $135 to $155 per year. Hospitals will have an additional rate increase on top of the proposed 14.8%. This additional rate is part of a seven year phase-in period adopted by Council on May 16, 2001. Discussions regarding this phased-in rate increase for hospitals were conducted with the City Council and the Budget & Finance Committee during the Fiscal Year 2001-2002 budget process in order to update the City's Revenue Program. The phasing-in of this fee offered the least impact to the user, while still complying with State regulations. Fiscal Year 2007/08 will be the final year for the phase-in period. The rate for hospitals will increase from $75.74 to $93.00 per bed. See attached Exhibits A and B to the resolution for miscellaneous sewer user charges and fee details. Sewer user fees and charges are collected with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. G:\GROUPDAT\ADMINRPT\2007\06-06\Admin Rpt 06-06 Sewer User Fee.doc ADMINISTRATIVE REPORT MEETING DATE: June 6,2007 AGENDA SECTION: Hearings ITEM: I~. ('~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD~~ CITY ATTORNEY CITY MANAGER 0lv7 May 16, 2007 SUBJECT: Public hearing to consider resolution adopting proposed residential refuse rate increase (3.2%) for Fiscal Year 2007/08 (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: State law requires new fees and charges as well as increases in existing fees and charges to be adopted by ordinance or resolution following a public hearing. A notice of the proposed rate increase and the public hearing was mailed to each of the 85,352 property owners in the City. As of May 24, 2007, the City Clerk had received 5 written letters protesting the refuse fee. Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be increased from $169.08 per unit to $174.48 per unit per year (an increase of 3.2%). The multi-family rate is proposed to be increased from $152.88 per unit per year to $157.80 per unit per year. The increase covers inflation and operating cost increases, maintenance costs, and costs for greenwaste carts and recycling equipment to meet the state recycling mandates. According to Proposition 218, if written protests against the proposed fee are presented by a majority of the identified parcels, the City shall not charge the annual proposed fee. If written protests against the proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the proposed fee. The proposed fees would become effective July 1, 2007. May 24,2007, 2:30PM G:\GROUPDA T\ADMINRPT\2007\06-06\Admin Rpt_Residential 07 -OS.doc ADMINISTRATIVE REPORT MEETING DATE: June 6, 2007 AGENDA SECTION: Reports ITEM: IS.a... TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED May 24,2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ 61u7 SUBJECT: Overview of Wastewater Expansion Project Financing Plan and Sewer Rate Survey. RECOMMENDATION: no action required. BACKGROUND: Staff has been working with a team of financing professionals for several months to structure a financing plan that will successfully support a sewer revenue bond issuance to finance the planned wastewater expansion project. Staff and special bond consultant will provide an overview presentation of the proposed wastewater expansion project financing plan, along with a review of a recent sewer rate survey conducted by the special bond consultant and underwriting firm of G.K. Baum & Associates. May 24,2007,5/24120072:30:00 PM S:\Admin\Admin Reports\2007 june sewer plan workshop. doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 23, 2007 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, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan (seated at 5:20 p.m.), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Highway Funding Plan. City Manager Tandy gave a computer presentation regarding the action plan. Motion by Vice-Mayor Hanson to adopt the action plan. APPROVED b. Mayor's Sister City trip to Bucheon City, South Korea. Mayor Hall made a presentation and requested the Sister Cities be recognized through establishing a monument or naming a street, park etc., honoring those cities. Councilmember Couch requested the Community Services Committee address the issue of honoring Bakersfield's Sister Cities. Bakersfield, California, May 23,2007 - Page 2 4. CLOSED SESSION None. Motion by Vice-Mayor Hanson to recess the meeting until 6:30 p.m. at 5:54 p.m. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Couch, Weir, Sullivan, Scrivner Absent: None. 6. INVOCATION Reverend Alan Hilberg, First Christian Church Disciples. 7. PLEDGE OF ALLEGIANCE by Sebastian Martinez, 2nd Grade Student at William B. Bimat Elementary. 8. CLOSED SESSION ACTION None. 9. PUBLIC STATEMENTS None. 10. PRESENTATIONS a. Agreement with Bakersfield Southwest Baseball and Aera Energy LLC ($250,000) for naming rights (15 year term) of the 40 acre site located at the corner of Stockdale Highway and Jewetta Avenue to be known as Aera Park. Recreation and Parks Director Hoover made staff comments and introduced Susan Hershberger, Public Affairs Director Aera Energy and Duane Keithly, President of Bakersfield Southwest Baseball, who made comments. Motion by Councilmember Couch to approve the Agreement. ACTION TAKEN APPROVED APPROVED Bakersfield, California, May 23,2007 - Page 3 Mayor Hall acknowledged students from Ridgeview High School and Bakersfield College in attendance at the meeting. 11. APPOINTMENTS a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of Scott Fieber, term expired March 30, 2007. Motion by Vice-Mayor Hanson to re-appoint Scott Fieber to a three year term, ending March 30, 2010, on the Historic Preservation Commission. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 9, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from April 27, 2007 to May 10, 2007 in the amount of $7,811,112.04 and self-insurance payments from April 27, 2007 to May 10,2007 in the amount of $173,642.89. Ordinances: c. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 102-06) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.45 acres and from C-1 (Neighborhood Commercial) to C-2/PCD on 15.3 acres located on the southwest corner of Seventh Standard Road and Calloway Drive. d. Adoption of Ordinance amending Sections 14.12.030,14.12.390 and 16.32.060E of the Municipal Code relating to sewers. ACTION TAKEN APPROVED FR ORD 4433 Bakersfield, California, May 23, 2007 - Page 4 12. CONSENT CALENDAR continued ACTION TAKEN Resolutions: e. Resolution approving an application proposing RES 105-07 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 529 consisting of 64.47 net acres located west of Fairfax Road, south of Redbank Road. f. Resolution authorizing the Police Department to RES 106-07 apply for the Edward Byrne Memorial Justice Assistance Grant ($183,328) from the U.S. Department of Justice. g. Resolution adopting development related fees on RES 107-07 the Master Fee Schedule (Cost Recovery System). h. Revised Master Agreement with State of California - Department of Transportation (Caltrans) for Federal- Aid Projects: RES 108-07 1. Resolution authorizing the Public Works Director or Designee to execute Program Supplemental Agreements with Caltrans in order to receive Federal funding for transportation projects. 2. Agreement with Caltrans (Master Agreement AGR 07-145 No. 06-5109R) i. Sewer Connection Fee Assessment for 206 Hughes Lane: 1. Resolution confirming assessments for RES 109-07 sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Juan and Reynalda Medina AGR 07-146 to pay sewer connection fee in installments and notice of special assessment lien. j. Resolution to continue supporting the location of a RES 110-07 Federal Courthouse downtown Bakersfield and for the Federal Judicial Conference to approve the costs associated with the project. k. Resolution adding Area 5-36 (Berkshire, Marvin SE) RES 111-07 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. Bakersfield, California, May 23, 2007 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN I. Resolution of Intention No. 1535 to add territory, Area 1-71 (Renfro, Brimhall W) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1535 Agreements: m. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with D.R. Horton Los Angeles Holding Company, Inc. for Tract 6406 Phases 6, 7, & 8 located east of Vineland Avenue and south of Panorama Drive. Final Map and Improvement Agreements with Towery Homes, Inc. for Tract 6429 Phase 2 located south of Johnson Road on Renfro Road. AGR 07-147 AGR 07-148 AGR 07-149 2. AGR 07-150 AGR 07-151 n. Agreement with Brown Armstrong Paulden McCown AGR 07-152 Starbuck Thornburgh & Keeter ($60,400) for a full scope annual audit of the 2006-07 fiscal year. o. Agreement with Centex Homes (not to exceed AGR 07-153 $502,119) for reimbursement for installation of 1,357 linear feet of sewer trunk line on Panama Lane, east of Buena Vista Road. p. Agreement with RRM Design Group ($650,800) for AGR 07-154 design of Fire Station 14 and Greystone Park. q. Amendment NO.2 to Agreement No. 03-183 with AGR 03-183(2) County of Kern ($450,000; revised not to exceed $8,990,000) for processing of greenwaste material at the Mt. Vernon Greenwaste Facility. r. Amendment No.1 to Agreement No. 06-178 with AGR 06-178(1) Kay Automotive, Inc. ($55,000; revised not to exceed $110,000 & extending term for one year) for automotive batteries. Bids: s. Accept bid and award contract to Pacific West AGR 07-155 Sound, Inc. ($108,769.62) for installation of a new sound system at the Rabobank Theater. Bakersfield, California, May 23,2007 - Page 6 12. CONSENT CALENDAR continued Accept bid and award annual contract to Childsafe Products, Inc. dba Everguard Surfacing (not to exceed $100,000) for installation of rubberized playground surfacing. u. Accept bid from Blumenthal Uniform Company ($42,084.90) for wildland jackets and pants for the Fire Department. t. v. Accept bid from Haaker Equipment Company ($1,834,893.06) for seven (7) additional mechanical rear broom sweepers for Public Works Solid Waste Division. w. Accept bid from Quinn Company ($106,120.66) for one (1) additional four-wheel drive articulated loader for the Recreation and Parks Department. x. Accept bid from GTSI ($88,180.90) for replacement Panasonic Toughbook computers. Miscellaneous: y. Appropriate $1,000 grant from Pacific Gas & Electric Company to the Recreation and Parks Department Operating Budget within the General Fund for tree planting projects in various locations. z. Appropriate $100,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement for the Fairfax and State Route (SR) 178 Interchange project. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.z. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. 15. REPORTS None. ACTION TAKEN AGR 07-156 APPROVED Bakersfield, California, May 23, 2007 - Page 7 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested the Legislative and Litigation Committee explore an ordinance outlining property owners responsibilities regarding windows in unoccupied commercial buildings. Councilmember Benham requested the Legislative and Litigation Committee explore creating a special district downtown to address infrastructure issues similar to the San Diego model for the gas lamp area. Councilmember Benham requested the Legislative and Litigation Committee address strengthening the language regarding cabaret permits, particularly reinforcing suspension capabilities. Councilmember Benham requested staff respond to a letter she provided. Councilmember Carson announced Major Michelle Spencer, daughter of Jeri and John Spencer, will be returning from Iraq and invited the Council to attend a luncheon on May 29th. Vice-Mayor Hanson requested staff respond to correspondence received from a resident of Moracco A venue and provided contact information. Vice-Mayor Hanson requested staff respond to Mr. Porterfield regarding the Silver Creek Summer Program and provided contact information. Vice-Mayor Hanson announced he will be traveling to Ohio to see his grandson who, is headed for Iraq, and will miss the next Council meeting. ACTION TAKEN Bakersfield, California, May 23, 2007 - Page 8 19. ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 6:53 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:\Council\MINUTES\2007\April25.doc ACTION TAKEN