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HomeMy WebLinkAbout04/10/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF APRIL 10, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (30 min) WORKSHOP a. City Council Goal Setting. CLOSED SESSION Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 City of Bakersfield vs. Equilon Enterprises, LLC Kern County Superior Court Case No. 245340 JES; City of Bakersfield vs. Equilon Enterprises, LLC, Wanamaker, et al., Kern County Superior Court Case No. 245338 SPC Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Robert Johnson and Tony Eddington vs. The City of Bakersfield; United States District Court Case No. CV-F-01-5870 AWl DLB Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property 1029 13th Street, Bakersfield, CA (APN 006-521-01); Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Eugenia L. Goosby-Marshall and Ronald Goosby on behalf of Estate of Frank J. Goosby; Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel - Potential Litigation Significant exposure to litigation pursuant to Subdivision (b)(3)(E) of Government Code Section 54956.9. Two potential cases. License/Permit Determination for One applicant. This Closed Session is authorized pursuant to Section 54956.7 of the Government Code. REGULAR MEETING 1. INVOCATION by Rev. David Gob, Bakersfield Community Church PLEDGE OF ALLEGIANCE by Angelina Roman, 6t~ Grade Student and Class President, Thorner Elementary 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hail of Proclamation to representatives from the Keep Bakersfield Beautiful Committee proclaiming April, 2002 as "Keep Bakersfield Beautiful Month". Presentation of Mayor's Proclamation to Lavonne C. Hall, 2002 Chairperson of Options Unlimited, proclaiming April 25, 2002, as "Options Unlimited, The Bakersfield Women's Business Conference Day". 6. PUBLIC STATEMENTS APPOINTMENTS a. Two appointments to the Bakersfield Redevelopment Agency, terms expire April 22, 2002. Staff recommends Council confirmation. b. Two appointments to the Planning Commission by Wards 2 and 4, term expires April 17, 2002. Staff recommends Council determination. CONSENT CALENDAR Minutes: March 18, 2002 Joint City Council/Board of Supervisors Special Meeting, and March 20, 2002 Council Meeting. Payments: Payments from March 8, to March 28, 2002 in the amount of $9,050,871.34; and Self Insurance payments from March 8, to March 28, 2002 in the amount of $651,601.37. -2- 8. CONSENT CALENDAR continued (Ward 4) (Ward 6) (Ward 4) (Ward 4) (Ward4) (Ward 2) Ordinances: Adoption of an ordinance adding Chapter 1.34 and amending Sections 8.80.110B, 8.80.140B, 8.80.150A and 8.80.160 of the Bakersfield Municipal Code relating to administrative appeals. (First reading March 20, 2002) First reading of an ordinance amending Section 3.20.105 of the Bakersfield Municipal Code relating to Contract Procedures. First reading of an ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-31) of Title 17 of the Bakersfield Municipal Code by changing the zoning from PUD (Planned Unit Development) Zone to Revised PUD (Planned Unit Development) Zone approving five additional dwelling units for the Glenwood Gardens Senior Residential Development on 20.33 acres located at 350 Calloway Drive. (File #02-0108) First reading of an ordinance amending Section 1.12.040 of the Bakersfield Municipal Code by adding Annexation No. 420 to Ward 6, located along the west side of Stine Road, north of Taft Highway. First reading of an Ordinance amending Section 1.12.040 of the Bakersfield Municipal Code by adding Annexation No. 421 to Ward 4, located along the north side of Brimhall Road, near Verdugo. Resolutions: Resolution of Intention No. 1268 adding territory, Area 1-31 (Brimhall, Southport SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Application proposing proceeds for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 434, located along the west side of Allen Road, approximately 1,000 feet south of Rosedale Highway. j. Bakersfield Amtrak Station: Resolution authorizing the filling of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2002-03 to be utilized for the maintenance of the Bakersfield AMTRAK Station during said fiscal year. Appropriate $1,000 Interest Income and $21,415 fund balance to the Public Works Department's Operating Budget within the Amtrak Operating Fund for operation and maintenance costs for the Bakersfield Amtrak Station. Resolution authorizing use of $20 million in Right of Way savings from the Westside Parkway for road rehabilitation projects. Resolution regarding a forum for citizens' concerns regarding closure and shortage of emergency rooms in the community. -3- (Ward 4) (Ward4) (Ward 1) (Ward 4) (Ward 4) (Ward 7) CONSENT CALENDAR continued Resolution adding territory, Area 1-32 (Hageman, Knudsen North) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 2-25 (Old River, Pacheco NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution to implementing local Government Transportation Control Measures in the Severe Area Ozone Plan for the San Joaquin Valley. Authorization to apply for State Park Bond Act of 2000 Funds for the Dr. Martin Luther King Jr., Swimming Pool Rehabilitation Project. Resolution approving the applicant to apply for grant funds for the Murray- Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 in the amount of $813,000. q. New Job Specification, Reclassification and Change to Salary Schedule: Amendment No. 4 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Park Construction & Facilities Planner. 2. New Job Specification: Park Construction & Facilities Planner. Reclassification: Supervisor II - Parks to Park Construction & Facilities Planner. Agreements: r. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6013, Phase 2, located north of Hageman Road, east of Fruitvale Avenue. Final Map and Improvement Agreements with Rivedakes Investment Company, LLC for Tract 6048, located north of Olive Drive, east of Calloway Drive. Agreement to Indemnify LAFCO to City Annexation No. 429, Proceeding 1321, inhabited, territory located north of Ming Avenue, west of Anita Lane. -4- (Ward 4) (Ward 4) (Ward 2) (Ward 1) (Ward 1) CONSENT CALENDAR continued Agreement to Indemnify LAFCO for City Annexation No. 430, Proceeding 1323 uninhabited territory located at the northeast corner of Noriega Road and Allen Road. Agreement to Indemnify LAFCO for City Annexation No. 432, Proceeding 1331 uninhabited territory, located at the southwest corner of Jewetta Avenue and Olive Drive. Agreement with Mogavero Notestine Association for conducting the Southeast Charrette, not to exceed $74,000. w. Southeast Bakersfield Infill Housing Project: Agreement with Maranatha Corporation for 100,000 in HOME Investment Partnership (HOME) funds to acquire property to construct affordable single family homes in the Lakeview/Cottonwood vicinity of the Southeast Bakersfield Redevelopment Project Area. Appropriate Prior Year Entitlement ($35,201), Prior Year Program Income ($45,716) and transfer HOME contingency ($19,083) to the Economic and Community Development Operating Budget within the HOME Program Fund for the Southeast Bakersfield Infill Housing Project. x. Sale of City owned surplus property: Agreement with Mt. Elgon Corporation to sale City-owned surplus property located at 407, 417, and 425 Lakeview Avenue for $10.00. Appropriate $2,850 CDBG prior year entitlement to the CDBG operating budget for escrow fees and related reports. y. Westside Parkway Project: Design Consultant Contract with URS Corporation Americas for preliminary highway geometric design, not to exceed $100,000. Appropriate $250,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund for design consultant costs and right-of-way acquisition costs. Assignment of Contract No. 02-048 with Brown Armstrong Accountancy Corporation, Allen Road Sewer Project (Scales Construction) aa. Amendment No. 2 to Agreement No. 01-143 with Sturgeon & Sons to add $90,000, (total annual contract amount of $496,000) to provide median island modification and street pulverizing for the Streets Division, earthmoving for the Mt. Vernon Greenwaste Facility, and rental of a water truck for the Water Department. -5- (Ward 2) (Ward 6) (Ward 4) (Ward 5) CONSENT CALENDAR continued bb. Amendment No. 1 to Agreement No. RP 01-081 with K.M. Scrivner, Inc. to add $3,106 (total contract amount $27,747) for additional planters, trees and shrubs for Union Avenue Median Landscape Project. CC. Contract Change Order No. I to Agreement No. 01-064 with Granite Construction in the amount of $121,772.92, (total contract amount of $2,097,447.92) for the White Lane Street Resurfacing and Street Widening Construction from Wilson Road to Dovewood Street Project. dd. Contract Change Order No. 1 to Agreement No. 02-028 with Granite Construction in the amount of $48,180 (total contract amount of $551,579) for the Roadway Widening, Striping and Traffic Signal Modification on Brimhall Road between Calloway Drive and Coffee Road Project. Bids: ee. Kroll Way Bridge, west of Gosford Road: Accept bid to award contract to Granite Construction Company in the amount of $248,010 to construct this project, License to Encroach on Right of Way with Arvin-Edison Water Storage District for Kroll Way crossing of the Arvin-Edison Canal. Appropriate $65,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund (TDF). ff. Accept bid from Jim Burke Ford, $106,336.23 for one (1) replacement Patch Truck for the Streets Division. gg. Award Bid to Central Valley Truck Center, $176,844.53 for two dump trucks (additional) for Streets Division. Appropriate and transfer $52,000 General Fund beginning balance and $82,000 Council contingency to the Equipment Management Fund operating budget for two additional 10 cubic yard dump trucks for the Streets Division. hh. Accept bid from Pioneer Equipment Company $29,547.38 for one replacement trencher for Parks Division. ii. Accept bids from U. S. Traffic Corporation $33,247.55; 3M, $24,756.52; Synchronex, $12,226.50; and Pacific Lighting Sales $2,348.78, for traffic signal control equipment. Total $75,579.35 -6- (Ward2) (Ward 3) CONSENT CALENDAR continued jj. Replacement loader for Public Works: 1. Rescind award to Construction Machinery, Incorporated, $88,641.05 for loader. 2. Accept bid from Quinn Company, $95,613.28 for one replacement loader. Miscellaneous: kk. Transfer $45,000 from the Capital Outlay Fund/Capital Improvement Project Budget to the Equipment Management Fund ($20,000) and the General Fund ($25,000) operating budgets for the Department of Recreation and Parks. I1. Street Resurfacing/Reconstruction Program: 1. Authorize the addition of one Heavy Equipment Operator and two Light Equipment Operators to the Street Division's operating budget within the General Fund to provide additional staffing for the City's resurfacing/reconstruction program. mm. Addition to Management Information Systems (MIS) Staff: 1. Approve two additional Office Systems Technicians. 2. Transfer $19,000 from Council Contingency to the MIS Operating Budget in the General Fund to provide funding for two additional Office Systems Technicians. nn. Acceptance of 2000-01 Transportation Development Act Funds Financial Statement. oo. Recommend removal of Member Imogean McGill from the Citizens Advisory Committee due to excessive absences and recruitment of new member. pp. Cost Recovery Program Update. (Refer to Budget & Finance Committee) qq. Adult-Related Businesses (Refer to Legislative and Litigation Committee) Staff recommends adoption of Consent Calendar Items a. through qq. HEARINGS a. Adoption of Negative Declaration with mitigation measures for the State Route- 178/Fairfax Road Interchange Project. (Staff comments by Raul Rojas, Public Works Director) Staff recommends adoption of the resolution approving the Negative Declaration, with mitigation measures, forthe State Route- 178/Fairfax Road Interchange Project. -7- HEARINGS continued b. Red Light Photo Enforcement: (Staff comments by John Stinson, Assistant City Manager) 1. Public hearing regarding implementation of Red Light Photo Enforcement Program. 2. Agreement with Redflex Traffic Systems, Inc. for Digital Automated Red Light Photo Enforcement Cameras. Staff recommends conducting the public hearing and approval of the agreement. 10. REPORTS 11. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Council~AG EN DA~002~APR 1002.w~d Apdl 4, 2002 (4:09pm) -8- B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM April 5, 2002 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN W. STINSON~,~A~SlSTANT CITY MANAGER THROUGH: ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - APRIL 10, 2002 COUNCIL MEETING PRE-MEETING There is one workshop regarding Council Goal Setting. The goal setting session will be done in the Council Chambers in order to transition quickly to the Closed Session items. There are five closed session items: 1) and 2) conferences with legal counsel regarding existing litigation; 3) conference with real property negotiations regarding 1029 13~ Street; 4) conference with legal counsel regarding potential litigation; and 5) a license/permit determination. Due to the unusually high number of closed session items, some may need to be carried over to the end of the regular meeting. APPOINTMENTS There will be two appointments to the Bakersfield Redevelopment Agency, and two appointments to the Planning Commission. (Wards 2 and 4) CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance addin.q to and amendinq the Municipal Code related to administrative appeals. This ordinance was given first reading at the City Council meeting on March 20, 2002. No one spoke in opposition. Item Sd. First readinq of an Ordinance amendinq Municipal Code relatin.q to contract procedures. The Code currently requires Council authorization of ali contracts under which the City is obligated to pay more than $25,000, even if a third party will ultimately be responsible for payment. Recently, Council authorized a residential rehabilitation loan program under which the City loans CDBG and HOME HONORABLE MAYOR AND CITY COUNCIL APRIL 5, 2002 PAGE 2 monies, at a maximum amount of $70,000. This amendment will permit those loan contracts which do not exceed the maximum dollar amount to be executed without coming before Council for authorization. This issue was previously reviewed by the Budget and Finance Committee, and approved by Council. This Ordinance is to make the Code consistent with Council's previous action. Item 8e. First readin.q of an Ordinance adopting a Neqative Declaration and amendinq the Municipal Code by chan.qinq the zoninq from PUD (Planned Unit Development) to Revised PUD, approving five additional dwetlinq units for the Glenwood Gardens Senior Residential Development on 20.33 acres located at 350 Calloway Drive. Careage, Inc., the owner of the Glenwood Gardens development, applied for a revised PUD to allow an additional 19 independent living dwelling units. The units would be a mix of single family and duplex "cottages" with the same amenities as existing apartments. On March 7, 2002, the Planning Commission adopted a resolution recommending Council approve five. Only five additional units are allowed because there are currently 143 independent living units, and a maximum of 148 is allowed under the Low Density Residential (LR) designation on the Land Use Element of the General Plan. The applicant has indicated they intend to apply for a General Plan Amendment to increase the density and request approval of the remaining 11 units. Notices of the proposed PUD change have been posted in the existing facility. No negative comments have been received. The Independent Living Resident Council also responded favorably to the proposed change. Item 8f. First readinq of an Ordinance amendinq the Municipal Code by addinq an annexation area to Ward 6. This annexation is located along the west side of Stine Road, generally north of Taft Highway, south of Ridgeview High School. The site consists of 115 acres of land and is currently undeveloped with an estimated population of two. The property owner requested annexation to receive City services. Item 8,q. First readin,q of an Ordinance amendinq the Municipal code by adding an annexation area to Ward 4. This annexation is located along the north side of Brimhall Road, near Verdugo. The site consists of 2.6 acres of land. It is developed with a single family residence, and has an estimated population of two. The property owner requested annexation to receive City services. Resolutions: Item 8h. Resolution of Intention to add territory (Brimhall, Southport SW) to the Consolidated Maintenance District, and preliminarily adoptin.q, confirminq and approvinq Public Works Director's Report. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of median landscaping. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item 8i. Bakersfield Amtrak Station. Staff recommends adoption of a Resolution authorizing the filing of an application with the Kern Council of Governments (KernCOG) for allocation of Transportation Development Act (TDA) Funds for FY 2002-03 to be utilized for the maintenance of the Amtrak Station. Item 8k. Resolution authorizinq use of $20 million in Right of Way savings from the Westside Parkway for road rehabilitation projects. In 1998, the State Transportation Improvement Program (STIP) included funding for construction of the Kern River Freeway (SR 58). This included funds set aside for right-of-way costs for a standard interstate freeway. As a result of the Bakersfield Systems Study, the community at large supports the construction of the Westside Parkway, which requires a narrower right- HONORABLE MAYOR AND CITY COUNCIL APRIL 5, 2002 PAGE 3 of-way, which will save approximately $20 million in right-of-way costs. This resolution authorizes the use of these savings for local road rehabilitation. This Resolution should proceed even though the State has delayed the funding for the project. Item 81. Resolution re,qardinq forum for citizens' concerns reqardinq closure and shortaqe of emer,qency rooms in the community. Councilmember Maggard requested that staff draft a proposal or process to enable the Council to have a voice to address citizens' concerns regarding the closure and shortage of emergency rooms in the community. Emergency rooms aro regulated by the State, and to a more limited degree, by the Kern County Emergency Medical Services (EMS) Department. The City has no authority over the operation of these facilities. However, City staff has requested that Kern County EMS conduct citizen outreach and public forums where citizen concerns regarding topics, such as emergency room and hospital closures; and emergency room overcrowding could be addressed. To date, the County EMS department has not scheduled the requested meetings. Staff recommends that Council adopt the attached resolution which formally requests Kern County EMS conduct a community forum regarding the emergency room issue and include members of the City Council in the meeting. Item 8m. Resolution of Intention to add territory (Haqeman, Knudsen North) to the Consolidated Maintenance District, and preliminarily adoptinq, confirminq and approving Public Works Director's Report. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of median and street landscaping. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item 8n. Resolution of Intention to add territory (Old River, Pacheco NW) to the Consolidated Maintenance District, and preliminarily adoptin.q, confirming and approvinq Public Works Director's Report. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of a park and street landscaping. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item 8o. Resolution implementing transportation control measures in the Severe Area Ozone Plan for the San Joaquin Valley. The San Joaquin Valley Air Pollution Control District (SJVAPCD) requires that all local governments adopt resolutions implementing transportation control measures. The resolution will be part of an overall ozone attainment plan which will be submitted for approval by the EPA. If the City does not submit this, the SJVAPCD will be unable to submit a plan that demonstrates sufficient progress towards attainment of the ozone standard. Also, the EPA may impose sanctions that could include withholding federal transportation funds. This Resolution describes reasonably available transportation control measures that the City has, and intends to implement, in order to reduce ozone causing emissions into the air from transpodation sources. Item 8p. Authorization to apply for State Park Bond Act of 2000 Funds for the Dr. Martin Luther Kinq Jr., Swimminq Pool Rehabilitation Project. Staff recommends adoption of a Resolution which gives the City approval to apply for $813,000 in Grant Funds from the Murray-Hayden Urban Parks and Youth Service Program under Proposition 12. The grant will provide 70% of the funding for the Dr. Martin Luther King Jr. swimming pool rehabilitation to make necessary improvements, alterations and enhancements. The additional 30% funding, which is a required match for the grant, will be achieved with the use of CDBG Section 108 loan funds. Item Sq. New Job Specification, Reclassification and Chan.qe to Salary Schedule. Reclassification is requested of a Supervisor II - Parks position to a new position of Park Construction & Facilities Planner. The affected employee has functioned as a project manager responsible for the development HONORABLE MAYOR AND CITY COUNCIL APRIL 5. 2002 PAGE 4 of park and facility short- and long-range strategic plans, feasibility studies, environmental assessments, project development, grant application and administration, RFP preparation and bid management, and staff supervision. Based upon an external survey and internal benchmarks, the salary range has been set equivalent to other City positions with a comparable level and scope of responsibility. The reclassification and new job specification was approved by the Miscellaneous Civil Service Board at their March 19, 2002 meeting. The Recreation and Parks Department has adequate funds to cover the increase. A.qreements: Item 8v. Agreement with Moqavero Notestine Association for conductinq the Southeast Charrette not to exceed $74,000. This agreement is to conduct a Charette for Southeast Bakersfield April 26, 27, and 28, 2002, and is designed to focus on development of solutions to revitalization issues in the southeast. The Charatte will take place at the Senior Center located at 530 4t~ Street. RFP's were sent to seven firms. Only one, Mogavero Notestine Associates, responded. This is the same firm that conducted the Downtown Charette. Staff recommends retaining this consultant. Item 8w. Southeast Bakersfield Infill Housin,q Proiect. On February 6, 2002, an amendment to the Consolidated Plan 2005 HOME budget was approved, allocating $100,000 to fund property acquisition for Maranatha Corporation's infill housing project. Marantha will use HOME funds to purchase no less than 10 residential lots and build affordable housing. Upon Council approval of the agreement, the developer expects to complete lot acquisition within six months, and complete the construction and sale of the homes within 18 months. Maranatha has secured its construction financing and is in the process of securing funds for homebuyer's assistance. A deed of trust will be executed for each property to ensure compliance with the terms and conditions of the agreement. A Declaration of Restrictions will be placed on each property requiring the initial homebuyer to occupy the residence for a five-year period and to be a Iow-income homebuyer. The Declaration calls for repayment to the City if: 1) the initial homebuyer sells the home within the five-year period to a person who is not Iow income; 2) the home is not maintained as the principal residence of the homeowner; and 3) the home does not remain affordable during the five-year period. Staff will coordinate the construction, development, homebuyer counseling and purchase, and will monitor continuing affordability, occupancy and maintenance standards. Item 8x. Sale of City owned surplus property. As part of the CDBG 1998/99 Action Plan, Council approved $2,850 for the Mt. EIgon Market Project to help acquire City-owned surplus property for the purpose of providing a Farmer's Market and job opportunities. The surplus properties are located at 407, 417 and 425 Lakeview Avenue. $2,850 of CDBG funds were budgeted to pay the City's share of escrow related closing costs. Item 8y. Design Consultant Contract with URS Corporation Americas for preliminary hiqhway geometric design, not to exceed $100,000. On April 3 and 4, 2002, the California Transportation Commission (CTC) has adopted the Westside Parkway project as a local facility rather than State Highway 58. The City will become lead agency, and must purchase or otherwise encumber, the necessary right-of-way by June 30, 2002. Preliminary geometdcs are required in order to perform appraisal work, so the land can be purchased. Staff recommends approval of a Design Consultant Contract with URS Corporation Americas for preliminary highway geometric design in an amount not to HONORABLE MAYOR AND CITY COUNCIL APRIL 5, 2002 PAGE 5 exceed $100,000. Additional funds are also being appropriated to fund other miscellaneous work prior to Federal funds being allocated to the City. Item 8z. Assignment of Contract with Brown Armstrong Accountancy Corporation, Allen Road Sewer Proiect. On February 20, 2002, Council approved awarding the audit of Scales Construction to Brown Armstrong based on an audit team which included Jerry E. Randall as the lead CPA. Mr. Randall is now with CBIZ Southern California, Inc. CBIZ is now requesting an assignment of the Brown Armstrong contract. Item 8aa. Amendment No. 2 to Aqreement No. 01-143 with Sturgeon & Sons in the amount of $90,000 to provide median island modification and street pulverizinq for the Streets Division, earthmovinq for the Mt. Vernon Greenwaste Facility, and rental of a water truck for the Water Department. The annual contract with Sturgeon & Son, Incorporated was approved in June 2001. The first amendment was approved in February 2002. This amendment is necessary because the current contract is nearly exhausted due to increased needs. It is estimated that an additional $90,000 is required to: 1) complete median modifications; 2) earthmoving at the Mt. Vernon Greenwaste Facility; and 3) rental of a 4,000 gallon water truck for use by the Water Department. Funds for these projects are included in the FY 2001-02 operating budgets of each department. Item 8bb. Amendment No. 1 to Aqreement No. RP 01-081 with K.M. Scrivner, Inc. to add $3,106 for additional planters, trees and shrubs for Union Avenue Median Landscape Proiect. In November 2001, an agreement was approved with K.M. Scrivner, Inc. for Union Avenue and Landscape Improvements between Niles and Bernard Streets. The scope of work included installation of an irrigation system and landscaping materials. The project is funded through CDBG funds. Due to cost savings from the total project, there are CDBG funds available to add planters, trees and shrubs. An additional $3,106 is needed for a total contract amount not to exceed $27,747. Approval by Council is required because the total contract amount now exceeds $25,000. Item 8cc. Contract Chanqe Order No. 1 to A,qreement No. 01-064 with Granite Construction in the amount of $121,772.92, for the White Lane Street Resurfacinq and Street Widening Construction from Wilson Road to Dovewood Street Proiect. This project provides for the resurfacing and reconstruction of White Lane between Wilson Road and Dovewood Street. This change order provides for additional roadway reconstruction on White Lane east of Stine Road and for construction of a right turn lane at Stine Road. During the course of construction, it was discovered that a considerable number of areas need to be reconstructed at a cost of $107,895.72. In addition, staff recommends constructing a right turn lane at the southwest corner of White Lane and Stine Road, which was an anticipated future improvement which can be completed earlier than anticipated. The total cost for installing this right turn lane will be $13,877.20. The total cost of this contract change order is $121,772.92. Sufficient funds are budgeted to cover this change order. Item 8dd. Contract Chan,qe Order No. 1 to Agreement No. 02-028 with Granite Construction in the amount of $48,180 for the Roadway Wideninq, Stripinq and Traffic Si~lnai Modification on Brimhall Road between Calloway Drive and Coffee Road Proiect. This project provides for the resurfacing, reconstruction, and restriping of Brimhall Road between Coffee Road and Calloway Drive. During the course of construction, it was discovered that the south portion of Brimhall Road between Windsong Street and Calloway Drive has deteriorated to the point of needing complete reconstruction rather than the originally planned asphalt overlay. The total cost of this change order is $48,180.00. Sufficient funds are budgeted to cover this change order. HONORABLE MAYOR AND CITY COUNCIL APRIL 5, 2002 PAGE 6 Bids: Item 8ee. Kroll Way Bridge, west of Gosford Road. In accordance with Agreement 71-67 with CSUB, the City agreed to provide the campus an easterly access point at Kroll Way. The access includes a bridge on Kroll Way to cross the Arvin-Edison Canal; therefore, a License to Encroach on Right of Way is needed. The City is coordinating the project with CSUB, who is currently designing a road on campus to meet the City's project. Completion of the project is targeted for the beginning of June 2002. The project has been scheduled for construction in FY 2001-02. Additional funds are required to award this project. One acceptable bid was received. Staff recommends award to Granite Construction in the amount of $248,010, and appropriation of $65,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund. Item 8ff. Award bid to Jim Burke Ford for one (1) replacement Patch Truck for the Streets Division in the amount of $106,336.23. Four acceptable bids were received. Staff recommends award to Jim Burke Ford. Item 8qq. Award bid to Central Valley Truck Center for two dump trucks (additional) for Streets Division in the amount of $176,844.53. On March 6, 2002, Council appropriated $520,000 for equipment to accelerate the Street Maintenance Program. The actual cost was approximately $477,000, leaving $43,000 available. Staff proposes to use the $43,000, in addition to appropriating $52,000 fund balance and transferring $82,000 from Council Contingency for two dump trucks. Two acceptable bids were received. Staff recommends award to Central Valley Truck Center. Item 8hh. Award bid to Pioneer Equipment Company for one replacement trencher for Parks Division in the amount of $29,547.38. One acceptable bid was received. Staff recommends award to Pioneer Equipment Company. Item 8ii. Award bids to U. S. Traffic Corporation, 3M, Synchronex, and Pacific Liqhtin.q Sales, for traffic si.qnal control equipment in the amounts of $33,247.55, $24,756.52, $12,226.50, and $2,348.78, respectively for a total of $75,579.35. Eight acceptable bids were received. In order to get the best price, staff recommends multiple awards. Item 8ii. Replacement loader for Public Works. On March 6, 2002, Council awarded the purchase of an articulated 4-wheel drive loader to Construction Machinery, Inc. (CMl). CMl has since ceased doing business. Staff recommends the award to CMl be rescinded, and awarded to the second lowest bidder, Quinn Company in the amount of $95,613.38. Miscellaneous: item 8kk. Transfer $45,000 from the Capital Outlay Fund/Capital Improvement Proiect Budqet to the Equipment Management Fund ($20,000) and the General Fund ($25,000) operating budqets for the Department of Recreation and Parks. On March 6, 2002, Council approved a lease with Centennial Center for office space at 900 Truxtun Avenue to house the Economic/Community Development and Recreation and Parks Departments. An amount of $45,000 was initially budgeted in the CIP for a portable office building for Parks administrative staff. As this is no longer needed, staff recommends a transfer of this amount to the Equipment Management Fund and General Fund in order to prepare the new building for staff. HONORABLE MAYOR AND CITY COUNCIL APRIL 5, 2002 PAGE ? Item 811. Street Resurfacing/Reconstruction Proqram. On March 6, 2002 Council received a report regarding the street resurfacing/reconstruction program. Council was presented with two phases: 1) proposed reconstruction and resurfacing of major streets, adding equipment and a limited number of staff, and 2) proposed substantial increases in the reconstruction and resurfacing of major streets by the Streets Division with the addition of equipment and sufficient staff for an additional paving crew. Phase 1 also included adding a Heavy Equipment Operator and two Light Equipment Operators to the Streets Division's Maintenance Section staff, and was approved by Council on March 6, 2002. Additional funds for the positions are not required in the current fiscal year as anticipated savings from vacant positions can be utilized. However, approval of these positions will increase the Streets Division operating budget by $131,000 in salaries and benefits beginning in FY 2002-03. Item 8mm. Addition to Management Information Systems (MIS) Staff. Since 1996, 225 new PC's and many laser printers have been added to the City's inventory of computer equipment. While the number of PC's has increased, the City has not kept pace with a corresponding number of PC Technicians in the Management Information Systems (MIS) division. As a result, the back-up in calls for service has increased and staff is unable to respond in a timely manner. Currently, the ratio of PC's to PC Technicians is about 130 to 1. After including the new PC's that will be added in FY 02-03, adding these positions will reduce the ratio of PC's to Technicians to about 100 to 1. Other management efforts are being made by the MIS division to improve response time that will also help improve the situation. Therefore, staff recommends that two (2) Office Systems Technicians be funded immediately from City Council Contingency funds. Staff proposes that these positions be added in this fiscal year at a cost of about $19,000, and that this amount be transferred from City Council Contingency to the MIS Operating Budget in the General Fund. These positions are proposed as part of the upcoming budget proposal for FY 02-03, so that future funding of the position will be provided for. Item 8nh. Acceptance of 2000-01 Transpor[ation Development Act Funds Financial Statement. The audit report was reviewed by the Budget and Finance Committee, who recommended acceptance of at its meeting of March 14, 2002. The financial statement summarizes fiscal activity for the Streets and Roads Fund, the Bikeway and Pedestrian Fund, and the Public Transit Fund. The accuracy and fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Randall Reyes Paulden & McCown issued an unqualified opinion. Item 8oo. Recommend removal of Member Imoqean McGill from the Citizens Community Advisory Committee (CCSAC) due to excessive absences, and recruitment of new member. Pursuant to CCSAC bylaws, a member may be removed if he/she misses more than two meetings in a calendar year. According to staff records, Ms. McGill missed four out of eight meetings in 2001, and all of the 2002 meetings. All attempts to reach Ms. McGill have been unsuccessful. At the March meeting, CCSAC unanimously passed a motion recommending that Ms. McGill be replaced due to excessive absences. Staff recommends recruitment of a new member. Item 8pp. Cost Recovery Program Update. State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing. The City's biennial review process includes a thorough review of all fees every two years to check assumptions for labor costs, materials usage, etc. Staff performed a thorough review of all fees for calendar year 2002 and recommends some adjustments to fees in cases where warranted. The rate increases generally are consistent with inflation. In cases where that does not apply, an explanation or justification is provided. Based on the April 2001 Building Valuation Data tables, the residential and commercial construction fees are proposed to be reduced to keep cost in line with revenues. Staff reviewed the proposed changes with Building Industry representatives and they had no opposition. Staff recommends referral of the proposed fees to the Budget and Finance Committee for their review and input prior to the public hearing. Staff will schedule the required public hearing for May 8, 2002 for HONORABLE MAYOR AND CITY COUNCIL APRIL 5, 2002 PAGE 8 the purpose of receiving additional input, and Council may then consider the adoption of the fees by resolution. Recreation/Cultural fees are proposed to become effective September 1, 2002. Development Services fees require a sixty (60) day waiting period and shall become effective on July 15, 2002. All other fees are proposed to increase or decrease beginning June 1, 2002. Item 8qq. Adult-Related Businesses. Councilmember Couch requested this issue be placed on the agenda for Council referral to the Legislative and Litigation Committee for the purpose of reviewing the extent of current City ordinance regulation of siting and operations of adult-related establishments within existing case law-established permissible parameters. HEARINGS Item 9a. Adoption of Ne,qative Declaration with mitiqation measures for the State Route-178/Fairfax Road Interchanqe Proiect. Pursuant to CEQA, adoption of the proposed Negative Declaration is necessary for the City to proceed with plans for constructing of the interchange at SR 178/Fairfax Road. This project will include a modified diamond interchange at the existing grade intersection of Fairfax Road and SR 178, widening of SR 178, adding three on- and two off-ramps, and a sound wall along the north side of SR 178. During the review period of January 31 to March 1, 2002, staff received comments from the California Regional Water Quality Control Board, who indicated the City must submit a Notice of Intent to comply with the National Pollutant Discharge Elimination System, and prepare a Storm Water Pollution Prevention Plan. The San Joaquin Valley Air Pollution Control District also responded that a Negative Declaration is adequate for the project. Because of the height of the sound wall (>6 feet), a meeting was held on January 15, 2002 with affected property owners, City staff and Councilmember Maggard. Support for the wall was unanimous. Item 9b. Red Light Photo Enforcement. The City has been exploring the implementation of an automated red light photo enforcement program for some time. Staff conducted an RFP process, but none of the responding vendors were able to meet the City's needs and requirements. After contacting additional vendors, staff determined that the program offered by Redflex Traffic Systems is satisfactory. Staff subsequently negotiated a contract with Redfiex to provide a digital automated red light photo enforcement program. Key elements of the program are: 1) contract term of 5 years with two - 1 year extensions at the City's option; 2) installation of systems at 6 intersections with 12 approaches (2 at each intersection), with an option of a second phase of another 4 intersections and 8 approaches (2 at each intersection); 3) Performance clauses to maintain control and City's ability to terminate for non- performance; and 4) a fixed fee of $89.00 per issued citation. Redflex will construct and maintain the system. The Police Department will have responsibility for administering and overseeing the program. Specific locations for photo enforcement will be determined by the Police Department, Public Works Traffic Engineering staff and the vendor, based on traffic volumes, accident and red light violation data and other relevant information. The Public Hearing regarding the implementation of the program is required by state law and was duly noticed. Upon award of the contract, staff will work with the vendor to provide information to the public. There will also be a warning period prior to the issuance of actual citations and final implementation of the program. AT:JWS:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 IAGENDA SECTION: Workshop ITEM: 2.a. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: February 28, 2002 CITY ATTORNEY N/A CITY MANAGER ~ SUBJECT: City Council Goal Setting RECOMMENDATION: Council determination. BACKGROUND: This item is a continuation of the March 20th review and update of the City Council Goals which were adopted by the City Council on April 25, 2001. pmc April 2, 2002, 1:45pm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 27, 2002 APPROVED DEPARTMENT HEAD ~"~ CITY A'rrOR NEY___~~'~ CITY MANAGER -('~,~ Conference with Legal Counsel -- Existing Litigation Closed Session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. Equilon Enterprises, LLC, Kern County Superior Court Case No. 245340 JES; City of Bakersfield v. Equilon Enterprises, LLC, Wanamaker, et aL, Kern County Superior Court Case No. 245338 SPC RECOMMENDATION: BACKGROUND: ELIT:Isc March 27, 2002, 1:17pm ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Closed Session ITEM: 3ob. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 26, 2002 APPROVED DEPARTMENT HEAD~¢~'-- CITY ATTORNEY ~ CITY MANAGER ~ Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Robert Johnson and Tony Eddington v. The City of Bakersfield;, United State District Court Case No. CV-F-01-5870 AWl DLB RECOMMENDATION: BACKGROUND: BJT:lsc March 26, 2002, 9:49am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Closed Session ITEM: 3.c. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~ - DATE: March 26, 2002 CITY ATTORNEY ~ ~ CITY MANAGER ~ SUBJECT: Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: 1029 13th Street, Bakersfield, CA (APN 006-521-01) Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Eugenia L. Goosby-Marshall and Ronald Goosby on behalf of Estate of Frank J. Goosby Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: BdT:lsc March 26, 2002, 9:29am ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 IAGENDA SECTION: Closed Session ITEM: 3.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney April 3, 2002 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAGER Conference with Legal Counsel -- Potential Litigation Significant exposure to litigation pursuant to subdivision (b)(3)(E) of Government Code section 54956.9 Two (2) potential cases. RECOMMENDATION: BACKGROUND: BJT:lsc Aprir 3, 2002, 10:32am ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Closed Session ITEM: 3.eo TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police March 29, 2002 APPROVED DEPARTMENT HEAD~ Cl'l'~Al'rO~[¥ ClTY MANAGER ~ License/Permit Determination for One Applicant. This closed session is authorized pursuant to Section 54956.7 of the Government Code. RECOMMENDATION: BACKGROUND: vrf March 29, 2002, 9:51am p:\rpt\closed session permit determination.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Presentations ITEM: 5.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall DEPARTMENT HEAD March 28, 2002 ClTY A'I-FORNEY ClTY MANAGER ~ Presentation by Mayor Hall of Proclamation to representatives from the Keep Bakersfield Beautiful Committee proclaiming April, 2002, as "Keep Bakersfield Beautiful Month". RECOMMENDATION: BACKGROUND: March 28, 2002, 9;32am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Presentations ITEM: 5.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall DEPARTMENT H EAD.__4~ March 21,2002 CITY ATI'ORNEY CITY MANAGER Presentation of Mayor's Proclamation to Lavonne C. Hall, 2002 Chairperson of Options Unlimited, proclaiming April 25, 2002, as "Options Unlimited, The Bakersfield Women's Business Conference Day''. RECOMMENDATION: BACKGROUND: March 21,2002, 9:01am ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 IAGENDA SECTION: Appointments ITEM: 7.a. TO: FROM: DATE: Honorable Mayor and City Cou~TJ~ Pamela A. McCarthy, City Cie kt~__Z~ April 2, 2002 DEPARTMENT HEAD CITY A'I-I'ORNEY APPROVED CITY MANAGER SUBJECT: Two appointments to the Bakersfield Redevelopment Agency, terms expire April 22, 2002. RECOMMENDATION: Mayor recommends Council confirmation. BACKGROUND: Two appointments to the Central District Development Agency, due to the expiration of terms of Thomas P. Mishoe and Leonard Schroeder whose terms expire April 22, 2002. Mr. Mishoe and Mr. Schroeder have applied for reappointment, a copy of each application is provided for your information. Pursuant to the Redevelopment Agency Bylaws, members may serve only two consecutive terms. Applications have been received from the following: · Aaron Duane Lewis * Thomas P. Mishoe · Leonard Schroeder The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the reminder of their term. The agency transacts business and exercises its powers under community redevelopment law. The Bakersfield Redevelopment Agency has authority to approve all development agreements subject to approval by the City Council two-thirds vote. Meetings are held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. April 2, 2002, 2:00pm S:\Bds&Com m~BRDA~ADMIN0402.wpd ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 IAGENDA SECTION: Appointments ITEM: 7.b. TO: FROM: DATE: Honorable Mayor and City Council I~a~mela A. McCarthy, City Clerk April 2, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Two appointments by Wards 2 and 4 to the Plannin~l Commission, term expires April 17, 2002. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Planning Commission due to the expiration of terms of Mathew Mitchell Brady and Stephen H. Boyle, whose terms expire April 17, 2002. Mr. Brady has applied for reappointment, a copy of his application is provided for your information. Mr. Stephen Boyle has signed a declaration indicating he does not wish to seek reappointment. Applications to fill the expiring terms have been received from the following individuals: Hal E. Aaron Mathew Mitchell Brady William Edward Blockley Thomas W. Edmonds Burton Rolland Ellison Aaron Duane Lewis Anthony William Noce Lawrence Matthew Pickett Arin Don Resnicke Percy Aaron Robinson Philip L Ryall Andrea Nichole Scanlon Daniel Lee Seames Carolyn J. St. Claire On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. The Ward 2 and Ward 4 appointments, pursuant to the ordinance, were to be made in April, 2002. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four year terms, but not of a specific ward of the nominating Councilmember. S:\Bds&Comm\PLANNING~ADMIN 04 2002.wpd April 4, 2002, 3:30pm ADMINISTRATIVE REPORT Page 2 Commission duties are to maintain and interpret the City's General Plan and recommend methods of implementation; maintain the City's zoning ordinance and make recommendations for improvement; review the City's Capital Improvement Plan for consistency with the General Plan; review and approve subdivisions and pamel maps; and conduct hearings on all of the above items and on any appeals of site plan review. Meetings are held on the first and third Mondays (noon) and Thursdays (5:30 p.m.) of each month in the Council Chambers, 1501 Truxtun Avenue. S:\Bds&Comm\PLANNING~ADMIN 04 2002.wpd April 4, 2002, 10:35am ADMINISTRATIVE REPORT IMEE'rlNG DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk April 2, 2002 APPROVED DEPARTMENT HEAD ClTY A'rrORNEY CITY MANAGER ~ Minutes of Joint City Council/Board of Supervisors Special Meeting of March 18, 2002, and Regular Council Meeting March 20, 2002. RECOMMENDATION: BACKGROUND: bz S:~Cou ncil~admins~2002~.PR 1002.wpd April 2, 2002, 9:17am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8ob. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 28, 2002 APPROVED DEPARTMENT HEAD f~(',~ CITY ATTORNEY ~ CITY MANAGER Approval of department payments from March 8, 2002 to March 28, 2002 in the amount of $9,050,871.34 and self insurance payments from March 8, 2002 to March 28, 2002 in the amount of $651,601.37. RECOMMENDATION: Staff recommends approval of payments totaling $9,702,472.71. BACKGROUND: S:\KimG\Forrns & Lables~ADMIN~AP.wpd klg ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Robert M. Sher[y, Assistant City Attorney March 21, 2002 APPROVE.__.~D DEPARTMENT HEAD ~ ClTY ATTORNEY ~ ClTY MANAGER ~ An Ordinance adding Chapter 1.34 and amending Sections 8.80.11 OB, 8.80.140B, 8.80.150A and 8.80.160 of the Bakersfield Municipal Code relating to administrative appeals. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of this Ordinance was at the City Council meeting on March 20, 2002. On November 14, 2001, the City Council adopted by resolution a policy regarding streamlining of City Council meetings. Part of this policy was the making of certain appeals as interim appeals to the City Manager prior to being appealed to the City Council.' It is believed this interim appeal will provide an opportunity to facilitate settlement of a dispute prior to the Council's hearing the matter. Necessary changes to existing ordinances were directed to be drafted and brought back to the Council for consideration. Pursuant to direction of the City Council, these proposed ordinance amendments provide that decisions on abatement of public nuisances with which a person disagrees are appealable first to the City Manager, or his designee, prior to being considered by the City Council. The amendment provides that the assessment that may be levied as a result of the work of abatement must still be presented to the City Council for confirmation. Additionally, the amendment adds a new Chapter 1.34 which provides that whenever appeals to the City Manager or Department Heads are provided in the Municipal Code, such appeals may be heard by the designee of the City Manager or designee of the Department Head. RMS:dll S:\COU NCIL~drnins~AdmlnAppealPublicAbateArndOrd.wpd March 21,2002, 10:19am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 20, 2002 APPROVED DEPARTMENT HEAD~ CITY ATI'ORNEY..~~~ ClTY MANAGER ~ An Ordinance Amending Section 3.20.105 of the Bakersfield Municipal Code Relating to Contract Procedures. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Section 3.20.105C of the Bakersfield Municipal Code requires City Council authorization of all contracts under which the City is obligated to pay more than twenty-five thousand dollars ($25,000.00). Even if a third party will ultimately be responsible for the payment, the Council must authorize the contract. The City Council has authorized a residential rehabilitation loan program under which the City loans property owners federal money (CDBG or HOME) to rehabilitate single-family residences. Recently, the Council set the maximum amount of money which may be loaned under that program at seventy thousand dollars ($70,000.00). When a property owner receives a rehabilitation loan, they must sign a contract with the City, a promissory note and a deed of trust. This amendment will permit those loan contracts which do not exceed the maximum dollar amount adopted by the Council to be executed without coming before the City Council for authorization. S:\CO UNClL~Admins\3.20.105amend.wpd AP10CA.CC ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent ITEM: 8.e. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 19, 2002 APPROVED DEPARTMENT HEAD~ A roR. CITY MANAGER SUBJECT: An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-31 ) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from PUD (Planned Unit Development) Zone to Revised PUD (Planned Unit Development) Zone approving five additional dwelling units for the Glenwood Gardens Senior Residential Development on 20.33 acres located at 350 Calloway Drive. (File # 02-0108) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Careage Inc., the owner of the Glenwood Gardens development, applied for a revised PUD (Planned Unit Development) zone to allow an additional 19 independent living dwelling units. On Mamh 7, 2002, the Planning Commission adopted a resolution recommending the City Council approve five additional dwelling units for the Glenwood Gardens Senior Residential development located at 350 Calloway Drive. The dwelling units would be a mix of single family and duplex "cottages" with the same assistance, meal, activity, and transportation services as the existing residential apartments. These units would be built in the eastern end of the development in place of a previously approved 15,000 square foot office building that was to house doctor's offices, learning and fitness center and employee child care. Although the applicant requested 19 dwelling units, only 5 additional dwelling units are allowed for the project site because there are 143 existing dwelling units known as independent living units. A maximum of 148 dwelling units is allowed on the subject site under the Low Density Residential (LR) designation on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. The LR designation allows less than or equal to 7.26 dwelling units per net acre (20.33 net acres X 7.26 = 148 dwelling units). The skilled nursing and assisted living facilities are considered congregate care and not individual dwelling units; therefore not subject to the LR Land Use designation. The additional five units would be chosen from the eleven structures shown on the site plan may be a combination of single family or duplex units at the applicant's choice (Exhibit "3"). The applicant has indicated they intend to apply for a General Plan Amendment to increase the density and request approval of the remaining 11 units. March 19, 2002, 8:52am ADMINISTRATIVE REPORT Page The applicant's proposed revision to the PUD (Planned Unit Development) zone is summarized below: 14~3 unit independent living facility,, . 149,500 (;~ story retirement apartment bu,aing) (Constructed) 1..19.unit.(bed..) assisted !ivin.g f..acility 72,900 (z story ~uild~ng) (L;ons[ructea) 120 bed skilled nursing facility 58,900 (1 story building) (Constructed) Outdoor amphitheater and fountain (Constructed) n/a Eliminate Doctor's offices Learning Center, I 5,OOO Fitness Center and Employee day care bu Iding Propose Single family dwelling (one-story) 3 units Propose Duplex dwelling (8, one-story structures) 16 units (Total 19 units proposed) The services that were to be housed in the 15,000 square foot office building are provided in each of the existing buildings on the campus. Each of the existing buildings has its own exercise room, therapy rooms, recreation rooms, learning area such as a craft room or library, and offices for visiting doctor's to use. The applicant has stated that employees prefer to provide their own child care rather than have an on-site facility. Some of the proposed units are located in the area reserved for future expansion of the skilled nursing facility. No footprint of the expansion was approved with the current PUD zone (file # P98-0331). Expansion of the skilled nursing is not needed now. The applicant states the proposal is to respond to market fomes. Their customers/clients have expressed a desire to have independent living units in the form of detached single family and duplex units, the applicant refers to as "cottages." The applicant states the proposed change would lessen the impacts in all areas of the development. The applicant states they have posted notices of this proposed PUD change in the existing facilities on the campus and not received any negative comment. A letter from the Glenwood Gardens Marketing Manager states that at the Independent Living Resident Council February 4, 2002 meeting response was very positive of the proposed change. The Negative Declaration adopted with the previously zone change (#P98-0331) is adequate for this proposed Zone Change #02-0108. JE (admin~apr~4-10-0108) March 19, 2002, 8:52am ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent ITEM: 8.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 14, 2002 DEPARTMENT HEAI:~__.._ ~.,~J · CITY A"I"I'ORNE~ /~/~' ClTY MANAGER ~ An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 420 to Ward 6, located along the west side of Stine Road, generally north of Taft Highway. (Ward 6) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 420 area into the corresponding Council ward. The annexation was approved by LAFCO on February 26, 2002. Estimated Annexation Ward No. Pooulation Annexation No. 420 6 2 Annexation No. 420 is located along the west side of Stine Road, generally north of Taft Highway. The site consists of 115 acres of land. The site is currently undeveloped. The property owner has requested annexation to receive city services. (MO:Pit) (admin\apr~4-10\420a) March 14, 2002, 1:31pm ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent ITEM: 8.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 14, 2002 DEPARTMENT HE~ CITY MANAGER An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 421 to Ward 4, located along the north side of Brimhall Road, near Verdugo. (Ward 4) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 421 area into the corresponding Council ward. The annexation was approved by LAFCO on February 26, 2002. Estimated Annexation Ward NO. PoPulation Annexation No. 421 4 2 Annexation No. 421 is located along the north side of Brimhall Road near Verdugo. The site consists of 2.6 acres of land. The site is currently developed with a single family residence. The property owner has requested annexation to receive city services. (MO:Pit) (admin~apr~4-10~a421 ) March 14, 2002, 1:31pm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8oh. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 22, 2002 APPROVED D EPARTM ENT H EAD./~,~' ~ CITY ATTO RN~Y ~'N~' CITY MANAGER ~ Resolution of Intention No. 1268 to add territory, Area 1-31 (Brimhall, Southport SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract 6038 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-31 is generally bounded by Brimhall Road on the north, Southport Way on the east, Rowland Avenue on the south and a line 1/8 mile west of Southport Way on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with any future subdivision maps. A copy of this covenant is attached for reference. Ivd March 19, 2002, 2:34PM S:\PROJECTS\MAINDIS'r~ADMINRP'~md 1-31d02.wpd ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 13, 2002 DEPARTMENT HEA~ CITY ATI'ORNEY / /x'~ CITY MANAGER SUBJECT: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 434, located along the west side of Allen Road, approximately 1,000 feet south of Rosedale Highway. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 434 to the City of Bakersfield. The proposed annexation consists of approximately 8.5 acres of uninhabited land located along the west side of Allen Road, approximately 1,000 feet south of Rosedale Highway. ~ The territory is currently undeveloped. The property owner wishes to receive city services and has consented to annexation. MO:pjt (admin~mar~4-10-434) March 13, 2002, 1:23pm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8..~. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 18, 2002 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Bakersfield Amtrak Station (Ward 2): Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2002-03 to be utilized for the maintenance of the Bakersfield AMTRAK Station during said fiscal year. Appropriate $1,000 Interest Income and $21,415 fund balance to the Public Works Department's Operating Budget within the Amtrak Operating Fund for operation and maintenance costs for the Bakersfield Amtrak Station. RECOMMENDATION: Staff recommends adoption of Resolution and approval of appropriation. BACKGROUND: Transpodation Development Act (TDA) Funds are administered by the Kern Council of Government (Kern COG). The City currently receives TDA Article 3 Pedestrian Bikeway Funds. TDA Article 4 Public Transportation funds have been used by Kern COG to address transit problems. Golden Empire Transit and other transit service-oriented organizations have been receiving these local transit funds to provide for the transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak Station. As the owner of the new Amtrak Station, the City is responsible for certain maintenance activities of the site. These Article 4 Transportation Development Act funds can be used to pay for those maintenance activities. This Resolution authorizes staff to submit an application for those funds. Staff also recommends appropriating additional funds to make the FY 01-02 adopted budget equal to the revised 01-02 revenue and expenditure estimates as shown on the attached report. GL/dt Apr 1, 2002 Public Works, Engineering Design G:\GROUPDA'F~ADMINRPT~2002~Apr 10~Amtrak - TDA Funds.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 28, 2002 Road Rehabilitation Projects: APPROVED DEPARTMENT HEAD ~ 1/2/~x' CITY MANAGER ~ Resolution authorizing use of $20 million in right-of-way savings from the Westside Parkway for road rehabilitation projects. (All Wards) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In 1998, the State Transportation Improvement Program (STIP) included funding for constructing the Kern River Freeway (State Route 58). This included funds set aside for right-of-way costs for a standard interstate freeway (300 feet wide). As a result of the Bakersfield Systems Study, the community at large supports the construction of the Westside Parkway as a local freeway, which requires only a 210-foot wide right-of-way rather than the more restrictive interstate standard. This change in designation saves approximately $20 million in right-of-way costs as well as additional savings dudng construction. Utilizing these savings for rehabilitation projects now will go a long way towards eliminating the backlog in road rehabilitation projects without delay in our much needed Westside Parkway. ds Mar 28, 2002 Public Works, Engineering Design G:\GROUPDAT~,DMINRPT~002~Apr 10\Road Rehab Funds.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: March 28, 2002 CITY ATrORNEY ~ CITY MANAGER ~ SUBJECT: Resolution requesting a forum for citizens' concerns regarding closure and shortage of emergency rooms in the community. RECOMMENDATION: Staff recommends adoption of resolution BACKGROUND: Councilmember Mike Maggard requested that staff draft a proposal or process to enable the Council to have a voice to address citizens' concerns regarding the closure and shortage of emergency rooms in the Community. Emergency rooms are regulated by the state and to a more limited degree by the Kern County Emergency Medical Services (EMS) Department. The City has no authority over the operation of these facilities. However, City staff has requested that Kern County EMS conduct citizen outreach and public forums where citizen concerns regarding topics such as emergency room and hospital closures; and emergency room overcrowding could be addressed. To date, the County EMS department has not scheduled the requested meetings. County EMS conducted a public meeting on February 28, 2002 regarding the proposed closure of the Bakersfield Heart Hospital. I have attached a copy of the minutes from that meeting which are part of the County EMS report on the Hospital Emergency Services Impact Assessment for the Bakersfield Heart Hospital. The report indicates the Heart Hospital continues to plan for closure of the Emergency Department on May 31,2002. Based on the request for a proposal to enable the Council to have a voice in the closure and shortage of emergency rooms in Bakersfield, staff recommends that Council adopt the attached resolution which formally requests Kern County EMS conduct a community forum regarding the emergency room issue and include members of the City Council in the meeting. Although City staff has requested such a meeting, an official City Council request may elicit a more positive response. Due to our limited ability to influence regulation and administration of local emergency room facilities and the emergency medical system, it may be more effective to also work with the Greater Bakersfield Vision 2020 VG:alj S:~JOHN'tEMS Public Forum Adrnin.wpd ADMINISTRATIVE REPORT Page 2 efforts regarding health care, They recently conducted several community meetings regarding local health care issues. There were concerns and comments about emergency room issues raised by the public attending these Vision 2020 meetings that will be included in their final report. Vision 2020 will also be contacting local health care professionals including those involved in providing emergency room services (and Kern County EMS) as part of phase II of their process reviewing local health care issues. Staff can provide Vision 2020 with any concerns of the Council regarding the emergency room issue. Staff recommends adoption of the resolution. VG:alj S:~OHN\EMS Public Forum Admin.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas Public Works Director March 22, 2002 APPROVED DEPARTMENT HEAD. ~¢¢/~/'/ CITY MANAGER Resolution adding territory, Area 1-32 (Hageman, Knudsen North) 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) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 20, 2002 the Council adopted Resolution of Intention No. 1267 to add territory, Area 1-32 (Hageman, Knudsen North), 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 median and street landscaping for Tentative Tract No 6013 and adjacent areas. Area 1-32 is generally bounded by a line 1/4 mile south of Olive Drive on the north, a line 600 feet east of the southerly prolongation of Knudsen Drive on the east, Hageman Road on the south and the northerly prolongation of Mohawk Street on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with any future subdivision maps. A copy of this covenant is attached for reference. Lvd March 19, 2002, 4:48PM S:\PROJECTS\MAINDIST~,DMINRPT~md1-32re02.wpd ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas Public Works Director March 22, 2002 APPROVED DEPARTME.T,EAD c,TY CITY M~AGER ~ Resolution adding territory, Area 2-25 (Old River, Pacheco NW) 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) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 20, 2002 the Council adopted Resolution of Intention No. 1266 to add territory, Area 2-25 (Old River, Pacheco NW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No 6082. Area 2-25 is generally bounded by a line 1/4 mile north of Pacheco Road on the north, Old River Road on the east, Pacheco Road on the south and Mountain Vista Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd March 20, 2002, 8:05AM S:\PROJECTS\MAINDIST~ADMINRPT~md2~25re02.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.o. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD d~.~-~ DATE: March 28, 2002 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Resolution to Implement Local Government Transportation Control Measures in the Severe Area Ozone Plan for the San Joaquin Valley. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The San Joaquin Valley Air Pollution Control District (SJVAPCD) has required that all local governments within its jurisdiction adopt resolutions implementing transportation control measures. The resolution will be part of an overall ozone attainment plan which will ultimately be submitted for approval by the U.S. Environmental Protection Agency (EPA). The attached resolution describes reasonably available transportation control measures that the City has, and will implement, in order to reduce ozone causing emissions into the air from transportation sources. If the City of Bakersfield does not submit a resolution committing to implement certain transportation control measures, the SJVAPCD will be unable to submit a plan that demonstrates sufficient progress towards attainment of the ozone standard. In turn, the EPA may impose heavy federal sanctions on valley governments and businesses. These sanctions may include withholding federal transportation funds to local governments. Therefore, staff recommends that the City adopt the attached resolution agreeing to implement the described transportation control measures to control emission sources. VG:aij S:~JOHN',TCM Resolution Admin Report.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent ITEM: 8.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Start Ford, Director of Recreation and Parks March 29, 2002 DEPARTMENT HEAD. CITY ATTORNEY ~"~=~' CITY MANAGER ~ Authorization to Apply for State Park Bond Act of 2000 Funds for the Dr. Martin Luther King Jr., Swimming Pool Rehabilitation Project. 1). Resolution of the City Council for the City of Bakersfield Approving the Applicant to Apply for Grant Funds for the Murray-Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 in the Amount of $813,000. (Ward 1). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In March 2000, California voters approved Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. This act provides funding for competitive distributions to agencies such as the city of Bakersfield. In December 1999, Aquatic Design Group performed a needs assessment study of all 9 existing pools in the city's system. The report identifies corrective actions made necessary by Title 24 of the State of California Administrative Code. All health or safety risk corrections were addressed immediately after the report was provided to the City, however, most of the corrections identified are a "grandfatherable condition" that are allowed to exist until such time as when the facility is having work done in which the scope of the work allows for the corrections to be remedied. This grant application, for the Murray-Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, if successful, will provide 70% of the funding for the Dr. Martin Luther King Jr. Swimming Pool Rehabilitation Project to make necessary corrections and enhance the facility by providing modern play elements to better serve the public. The additional 30% funding, which is a required match for the granl, will be achieved Kt March 29, 2002, 9:15am P:~pb2000MurHay.wpd ADMINISTRATIVE REPORT Page2 with the use of CDBG Section 108 loan funds. The Dr. Martin Luther King Jr. Swimming Pool Rehabilitation Project will include replacement of the pump, filter, and piping; demolition and replace all decking; saw cut pool structure and install floor returns; sand blast and plaster pool; and tile lane lines and depth markers. Enhancements will include a new lighting system, a large slide feature, shade structures, and a water play feature. Kt March 29, 2002, 9:15am P:~ob2000MurHay.wpd MEETING DATE: ADMINISTRATIVE REPORT April 10, 2002 AGENDA SEcTiOn. · Consent Calendar ITEM: 8.q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager March 20, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED New Job Specification, Reclassification and Change to Salary Schedule 1) Amendment No. 4 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Park Construction & Facilities Planner 2) 3) New Job Specification: Park Construction & Facilities Planner Reclassification: Supervisor II- Parks to Park Construction & Facilities Planner RECOMMENDATION: Staff recommends adoption of the resolution and approval of the reclassification and new job specification. BACKGROUND: Stan Ford, Director of Recreation & Parks has requested the reclassification of the Supervisor II - Parks position occupied by Ken Trone to the new Park Construction & Facilities Planner classification. Mr. Trone's responsibilities have clearly shifted away from that cfa Supervisor II - Parks responsible for daily horticultural activities and park/facility maintenance. For sometime; he has functioned as a project manager responsible for the development of park and facility short- and long-range strategic plans which includes the five-year master plan, feasibility studies, environmental assessments and construction projects. In addition, he is responsible for environmental document review, project development, grant application and administration, RFP preparation and bid management, as well as supervision of a staff of eleven (11 )trades and technical staff. Based upon an external survey and internal benchmarking, the salary range has been set equivalent to other City positions with a comparable level and scope of responsibility. SUMMARY The reclassification and new job specification was approved by the Miscellaneous Civil Service Board at their March 19, 2002 meeting. The Recreation & Parks Department has adequate funds in their budget to fund this increase. March 12, 2002, 9:00am S:\Lyn~Admin Reports\Blue&White MOU.wpd ADMINISTRATIVE MEETING DATE: April 10, 2002 REPORT IAGENDA SECTION: Consent Calendar ITEM: 8.r. TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director March 21, 2002 Tract Maps/Improvement Agreements DEPARTME.'r.EAD CITY ATTOR ~ CITY MANAGER ~ Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6013 Phase 2 located north of Hageman Road and east Fruitvale Avenue. (Ward 4) Final Map and Improvement Agreements with Riverlakes Investment Company, LLC for Tract 6048 located north of Olive Drive and east of Calloway Drive. (Ward 4) RECOMMENDATION: Staff recommends approval of the 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. PE: uts G:~GROUPDAT~ADM[NRPT~.002~Apr 10\MAPS&IMPAGR.Wpd March 28, 2002, 3:08pm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent ITEM: 8.s. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 12, 2002 .J~,P~ RI3~'ED DEPARTMENT HE~ CITY MANAGER SUBJECT: Agreement to Indemnify LAFCO for City Annexation No. 429, Proceeding 1321, inhabited territory located generally north of Ming Avenue, west of Anita Lane. (Ward 7) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation area consists of 4 acres of inhabited land, which is currently developed with single family residential and located north of Ming Avenue, west of Anita'Lane. The property owners of the territory have all consented to annexation. MO:pjt (admin~apr~4-10- 429) March 14, 2002, 8:29am ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 12, 2002 IAGENDA SECTION: Consent ITEM: 8.t. DEPARTMENT HEAI~~ CiTY A-n-ORNEY~ CITY MANAGER SUBJECT: Agreement to Indemnify LAFCO for City Annexation No. 430, Proceeding 1323 uninhabited territory located at the northeast corner of Noriega Road and Allen Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation area consists of 40 acres of uninhabited land, which is currently undeveloped and located at the northeast corner of Noriega Road and~AIlen Road." The property owner wishes to annex the site and develop single family residential in the city. MO:pjt (admin~apr~4-10- 430) March 14, 2002, 8:29am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent ITEM: 8.u. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 12, 2002 DEPARTMENT H EAI~_..~_.~ cITy CITY MANAGER SUBJECT: Agreement to Indemnify LAFCO for City Annexation No. 432, Proceeding 1331 uninhabited territory located generally at the southwest corner of Jewetta Avenue and Olive Drive. (Ward 4) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation area consists of 40 acres of uninhabited land, which is currently unde. veloped and located generally at the southwest corner of Jewetta Avenue and Olive Drive. The property owner wishes to annex the site and develop single family residential in the city. MO:pjt (adrnin~apr~4-1 O- 432) March 13, 2002, 1:49pm ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent ITEM: 8.v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 22, 2002 APPROVED DEPARTMENT/~/ / CITY MANAGER ~ Agreement with Mogavero Notestine Association for conducting the Southeast Charrette not to exceed Seventy Four Thousand Dollars ($74,000.00) (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This agreement is to conduct a Charrette for Southeast Bakersfield April 26, 27, and 28, 2002 designed to focus on development of solutions to revitalization issues in the southeastern areas of our community. Requests for Proposals were sent to seven firms. Mogavero Notestine Associates (the same firm conducted the Downtown Charrette) was the only respondent. The advisory committee has reviewed the proposal and recommends retaining of this consultant to conduct the Charrette. JH:pj t (admin\apr~4-1 O-char) March 22, 2002, 9:07am REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM NO: 8.w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director March 27, 2002 APPROVED DEPARTMENT HEAD ~ CII'Y ATTORNEY__~ CITY MAN'AGER ~ Southeast Bakersfield Infill Housing Project: (WARD 1) 1. Agreement with Maranatha Corporation for $100,000 in HOME Investment Partnership (HOME) funds to acquire property to construct affordable single family homes in the Lakeview/Cottonwood vicinity of the Southeast Bakersfield Redevelopment Project Area. 2. Appropriate Prior Year Entitlement ($35,201 ), Prior Year Program Income ($45,716) and transfer HOME contingency ($19,083) to the Economic and Community Development Operating Budget within the HOME program fund for the Southeast Bakersfield Infill Housing Project. RECOMMENDATION: 1. Staff recommends approval of the agreement contingent upon receipt of release of funds from HUD. 2. Staff recommends approval of the appropriation. BACKGROUND: On February 6, 2002, an amendment to the Consolidated Plan 2005 HOME budget was approved, allocating $100,000 to fund property acquisition for Maranatha Corporation's infill housing construction project. Maranatha will use HOME funds to purchase no less than 10 residential lots in the Infill Housing Project area, (which is bounded by Lakeview Avenue, Brundage Lane, South King Street, and Virginia Avenue) and build affordable housing. The developer will build at least ten affordable three and four bedrooms/two baths homes. Homes will range from 1,151 square feet in the three bedroom house, to 1,400 square feet in the four bedroom house. Prices will range from $86,000 to $96,000 for the three and four bedroom homes, respectively. The developer expects to complete lot acquisition within six months of approval of this agreement and complete construction and sale of the homes with 16 months of approval. S:~,d mins~v~a r a nat h a.wpd March 29, 2002, 8:14am ADMINISTRATIVE REPORT Page 2 Maranatha has secured its construction financing, and is in the process of securing funds for homebuyer's assistance ($9,000 to $20,000 per home depending on the households income) from the Federal Home Loan Bank through Bank of America. The City will assist with properly acquisition, up to $10,000 per lot. A deed of trust will be executed by Maranatha for each property to ensure its compliance to the terms and conditions of the agreement. A Declaration of Restrictions will be placed on each properly requiring the initial homeowner to occupy the house as his/her primary residence for a five-year period and to be a Iow- income homebuyer, initially. Sections 2 and 3 of the declaration call for total repayment of the City's assistance if: 1) the initial Iow-income homebuyer sells the home within the five-year affordability period to a person who is not Iow income; 2) the home is not maintained as the principal residence of the Iow- income homeowner; 3) the home does not remain affordable to Iow-income persons during the five-year affordability period. Downpayment assistance programs and homebuyer programs such as Rural Gold Mortgage Program will be used to facilitate homebuyer loans for Iow-income families. Staff will coordinate the construction, development, homebuyer counseling and purchase, and will monitor continuing affordability, occupancy and maintenance standards to assure the long term success of the neighborhood revitalization. S:~Admins~Maranat ha.wpd March 29, 2002, 8:14am ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.x. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ DATE: March 25, 2002 CITY ATTORNEY~--,./~_ CITY MANAGER ~ SUBJECT: Sale of City owned surplus property: 1. Agreement with Mt. Elgon Corporation to sell city-owned surplus property located at 407, 417, and 425 Lakeview Avenue for $10.00. (WARD 1) 2. Appropriate $2,850 CDBG prior year entitlement to the CDBG operating budget for escrow fees and related reports. RECOMMENDATION: 1. Staff recommends approval of the Agreement. 2. Staff recommends approval of the appropriation. BACKGROUND: As part of the CDBG 1998/99 Action Plan, the City Council approved $2,850 for the Mt. Elgon Market Project. The purpose of this assistance is to help the Mt. Elgon Corporation, a community based development organization (CBDO), acquire City-owned surplus property which will serve the residents of the southeast with a certified farmers market (CFM) and job opportunities. The surplus properties are located at 407, 417, and 425 Lakeview Avenue. The CDBG funds were budgeted to pay the City's share of escrow related closing costs. The CBDO was incorporated to carry out neighborhood revitalization and community economic development projects, and the city owned Lakeview project site was originally proposed by Mt. Elgon as a community grocery store/job training center. Mt. Elgon recently revised their project business plan and now desires to primarily operate a CFM consisting of an open-air, roofed structure with required flooring to serve Iow income southeast residents. The activity has been revised and is now called the Mt. Elgon Farmers Market Business Alliance Project. DIk:S:~Admins\MtEIgon Sell Prop Admin.wpd April 2, 2002, 3:35pm ADMINISTRATIVE REPORT Page 2 The significance of the CFM status is that customers will be able to use federal Women Infants and Children's (WIC) vouchers to purchase fresh produce. The project will help produce a strong sense of community identity, and bring people together from diverse ethnic and economic backgrounds. It will also serve as a job/educational experience whereby providers gain produce experience and customers learn about their food sources, have access to nutritional food/information, and engage in a multi-cultural experience. The 28,000 square foot surplus property was originally purchased with federal Community Development Block Grant ("CDBG") funds. Because federal funds were initially used, the attached land disposition project agreement requires Mt. Elgon to adhere to all federal regulations for a minimum of five years. The surplus property is valued at $28,000. The City completed a General Plan Consistency Finding (per State of California 65402 review requirements) before the City Planning Commission last year for the surplus property. DIk:S:~Admins\MtEIgon Sell Prop Admin,wpd April 2, 2002, 3:35pm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 21, 2002 APPROVED DEPARTMENT HEAD"I~ ,~L.~.. CITY ATTORNEY ~;~' CITY MANAGER ~ Westside Parkway Project: Design Consultant Contract with URS Corporation Americas for preliminary highway geometric design (not to exceed $100,000). Appropriate $250,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund for design consultant costs and right-of-way acquisition costs. RECOMMENDATION: Staff recommends approval of Design Consultant Contract and appropriation. BACKGROUND: On April 3 & 4, the California Transportation Commission (CTC) is scheduled to adopt the Westside Parkway project as a local facility rather than State Highway 58. Upon adoption of this project as a local facility, the City of Bakersfield will become lead agency. The City of Bakersfield must then purchase or otherwise encumber all necessary right-of-way for the Westside Parkway project by June 30, 2002. Preliminary geometrics are required to establish necessary right-of-way takes, in order to perform appraisal work so that the land may be purchased. The consultant's work will provide all necessary geometrics to establish needed right-of-way. Additional funds are also being appropriated to fund other miscellaneous work that must be done prior to Federal funds being allocated to the City. dl3s Apdl 3, 2002, 7:54am G:\GROUPDAT~ADMINRPT~2002~Apr 10\URS Contract Admin.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.z. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DATE: March 22, 2002 SUBJECT: DEPARTMENT HEAD .? CITY A'rrORNEY CITY MANAGER Assignment of Contract with Brown Armstrong Accountancy Corporation Allen Road Sewer Project (Scales Construction) RECOMMENDATION: Staff recommends approval of the assignment from Brown Armstrong Accountancy Corporation to CBIZ Southern California, Inc. BACKGROUND: On February 20, 2002 the City Council approved awarding the Scales audit to Brown Armstrong based on an audit team which included Jerry E. Randall as the lead CPA. Mr. Randall called on March 15, 2002 to inform theCity he hadchanged firms andis nowwith CBIZSouthern California, Inc. Please see the attached letter approving the assignment and the no conflict letter. Note Brown Armstrong was the only RFQ submitted for the audit of the Scales matter. CBIZ is now requesting an assignment of the Brown Armstrong contract. As Mr. Randall was the lead CPA on the audit, staff is requesting the City Council approve the assignment. Attachments ADD:Isc S:\CO UNClL~Adrnins\BrownArmstrongCont rac~Assign.wpd March 22, 2002 ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 29, 2202 APPROVED DEPARTMENT HEAD ~ '~L.~ CITY AI'FORNEY 0~ CITY MANAGER ~ Amendment No. 2 to Agreement No. 01-143 with Sturgeon & Sons to add $90,000 (for a total annual contract amount of $496,000) to provide median island modification and street pulverizing for the Streets Division, earthmoving for the Mt. Vernon Greenwaste Facility, and rental of a water truck for the Water Department. RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The annual contract with Sturgeon & Son, Incorporated was approved at the June 13, 2001 Council meeting. The first Amendment was approved at the February 20, 2002 Council meeting. This Amendment will add additional funds to the contract that expires on June 13, 2002. This Earthwork and Hauling Annual Contract is nearly exhausted due to the increased needs of the City. Staff estimates that an additional amount not to exceed $90,000 is needed for the following: · To complete median island modifications and street pulverizing $55,000 · Earthmoving at the Mt. Vernon Greenwaste Facility $15,000 · Rental of a 4,000 gallon water truck - $20,000 for on-going Water Department projects and for maintenance along the Kern River Funds for these projects are included in the FY2001-02 operating budgets of each department. PE: urs G:\G ROU P DAT~ADMIN RP'~2002~Apr 10\Sturgeon & Sons Contract Amendment.wpd March 29. 2C~2, 9:38am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.bb. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD ~ DATE: March 27, 2002 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Amendment No. I to Agreement No. RP 01-081 with K.M Scrivner, inc. to add $3,106 (total contract amount $27,747) for additional planters, trees, and shrubs for Union Avenue median landscape project. (Ware 2) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On November 2, 2001, the City entered into an Agreement No. RP 01-081 with K.M. Scrivner, Inc. for Union Avenue and Landscape Improvements between Niles and Bernard Streets for $24,641. The scope of work to be completed included installation of an irrigation system and landscaping materials for the Union Avenue median project. To enhance the aesthetic value and increase tree canopy coverage, the Pubtic Works Department was able to include six additional planters, trees, and shrubs within the project site. The project is funded through Community Development Block Grant (CDBG) funds. Due to cost savings from the total project, there are CDBG funds available to add the planters (tree wells), trees, and shrubs. An additional $3,106 is needed for a total contract not to exceed $27,747. Approval by the City Council is now required because the total contract amount is over $25,000. March 27, 2002, 5:47pm P:~Adm n Rpts\Un[on Ave Irdgation.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.cc. TO: FROhl: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 26, 2002 APPROVED DEPARTMENT HEA_I~. CITY ATTORNEY(J CITY MANAGER Contract Change Order No. 1 to Agreement No. 01-064 with Granite Construction in the amount of $121,772.92 (for a total contract amount of $2,097,447.92) for the White Lane Street Resurfacing and Street Widening Construction from Wilson Road to Dovewood Street Project. (Ward 6) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the resurfacing and reconstruction of White Lane between Wilson Road and Dovewood Street. This change order provides for additional roadway reconstruction on White Lane east of Stine Road and for construction of a right turn lane at Stine Road. During the course of construction, it was discovered that a considerable number of areas on White Lane east of Stins Road need to be reconstructed. The reconstruction of these areas of roadway are necessary in order to maimain the long term performance of this heavily traveled roadway. After extensive cost analysis and implementation of value engineering techniques, the cost of this reconstruction will be $107,895.72. In addition, staff recommends constructing a right turn lane at the southwest corner of White Lane and Stine Road concurrently with this resurfacing project. The right turn lane was an anticipated future improvement which can be completed earlier than anticipated. This right turn lane would enhance the traffic movement on White Lane. The dght turn lane can be constructed by increasing the existing contract quantities at the current contract prices. The total cost for installing this right turn lane will be $13,877.20. The total cost of this contract change order is $121,772.92. Sufficient funds are budgeted to cover this change order. dns April 2, 2002 12:23prn G:\GROUPD-~T~ADMINRPT~2002~Apr 10\CCO 1 White Ln Reconstruct.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.dd. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 27, 2002 APPROVED DEPARTMENTHEAD~-~'~'-' CITY ATFORNEY ~ CITY MANAGER ~ SUBJECT: Contract Change Order No. I to Agreement No. 02-028 with Granite Construction in the amount of $48,180.00 (for a total contract amount of $551,579.00) for the Roadway Widening, Striping, and Traffic Signal Modification on Brimhall Road between Calloway Drive and Coffee Road Project. (Ward 4) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the resurfacing, reconstruction, and restriping of Brimhall Road between Coffee Road and Calloway Drive. During the course of construction, it was discovered that the south portion of Brimhall Road between Windsong Street and Calloway Drive has deteriorated to the point of needing complete reconstruction rather than the originally planned asphalt overlay. This additional roadway reconstruction is necessary in order to insure that this widening and repair effort will result in long term performance of the roadway. The total cost of this change order is $48,180.00. Sufficient funds are budgeted to cover this change order. dns April 2, 2002, 1:57pm G:\GROUPDAT~ADMINRPT'G.002~Apr 10\CCO 1 Brirnhall Road Widening.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.ee. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director March 20, 2002 DEPARTMENT HEAD~ CITY ATI'ORNEY ,~ CITY MANAGER Kroll Way Bridge, West of Gosford Road(Ward 5): 1. Accept bid to award contract to Granite Construction Company in the amount of $248,010.00 to construct this project. 2. License to Encroach on Right of Way with Arvin-Edison Water Storage District for Kroll Way crossing of the Arvin-Edison Canal. 3. Appropriate $65,000.00 fund balance to the Capital Improvement Budget within the Transportation Development Fund (TDF). RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of both the License to Encroach and appropriation. BACKGROUND: In accordance with Agreement 71-67 between the City and California State University, the City of Bakersfield agreed to provide the campus an easterly access point at Kroll Way. The access includes a bridge on Kroll Way to cross the Arvin-Edison Canal; therefore, a License to Encroach on Right of Way is needed. The City is coordinating the project with California State University who is currently designing a road on campus to meet the City's project. Completion of the project is targeted for the beginning of June 2002, before the University's commencement ceremonies. The project has been scheduled for construction in the 2001-2002 Fiscal year. The Engineer's estimate for the project is $180,000. Additional funds are required to award this project. 1(one) acceptable bid was received on April 2, 2002 as follows: Granite Construction Company 3000 James Road Bakersfield, CA 93308 In the amount of $248,010.00 PE: Uts G:\G ROU P DA~,AD MIN R PT~2.002~Ap r 10\KrollWayoBridge.wpd April 3. 2002, 9:39AM ADMINISTRATIVE REPORT MEETING DATE: April10,2002 AGENDA SECTION: Consent Calendar ITEM: 8.ff. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 27, 2002 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Accept bid from Jim Burke Ford, $106,336.23, for one (1) replacement Patch Truck for the Streets Division. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: as follows: Invitations to bid were sent to twenty-four (24) vendors. Four (4) bids were received, Jim Burke Ford 2001 Oak Street Bakersfield, CA 93303 Gibbs International 3525 Buck Owens Boulevard Bakersfield, CA 93308 Bakersfield Truck Center 7~h Standard Road & Highway 99 Bakersfield, CA 93380 Central Valley Truck Center 2707 So. East Avenue Fresno, CA 93725 (City) in the amount of $106,336.23 (City) in the amount of $107,639.32 (County) in the amount of in the amount of $108,115.51 $113,741.85 P:~ADMIN~2002 ADMIN\C02_0410B Patch Truck,wpd GJK:DW:Ijm March 27, 2002, 10:12arc ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.gg. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 26, 2002 APPROVED DEPARTMENTHEAD CITY MANAGER ~ Two (2) Dump Trucks (additional) for Streets Division. 1. Award Bid to Central Valley Truck Center for $176,844.53. 2. Appropriate and transfer $52,000 General Fund beginning balance and $82,000 Council contingency to the Equipment Management Fund operating budget for two additional 10 cubic yard dump trucks for the Streets division. RECOMMENDATION: Staff recommends acceptance of Iow bid and appropriation of funds therefore. BACKGROUND: On March 6, 2002 the City Council appropriated $520,000 General Fund beginning balance to the Equipment Management Fund for additional equipment, namely a Road Reclaimer/Soil Stabilizer ($250,000) and a Street Paver ($270,000)~ to accelerate the City's Street Maintenance program. The actual cost was approximately $477,000 leaving $43,000 available. Staff proposes to use the remaining $43,000 in addition to appropriating $52,000 fund balance and transferring $82,000 from Council contingency to fund two additional dump trucks. The additional dump trucks will be used to complement the aforementioned additional road equipment. Invitations to bid were sent to nineteen (19) vendors. 2 bids were received as follows: Central Valley Truck Center 2707 S. East Avenue Fresno, CA 93425 Bakersfield Truck Center 8730 Golden State Avenue Bakersfield, CA 93308 (County) In the amount of In the amount of $176,844.53 $196,773.72 S:~KimG\Forms & Lables~ADMIN-AwardBid2dumptrucks.wpd klg ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.hho TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 25, 2002 APPROVED DEPARTMENT HEAD CITY A TTORNL~Y CITY MANAGER SUBJECT: Accept bid from Pioneer Equipment Company, $29,547.38, for one (1) replacement trencher for Parks Division. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations were sent to eight (8) vendors. The articulated trencher with a 48 inch boom is a specialized piece of equipment with steering that allows for a high degree of maneuverability in narrow spaces. The body of the unit pivots in the middle to allow for angled motion. One (1) bid was received, as follows: Pioneer Equipment Company 4400 Rosedale Highway Bakersfield, CA 93308 (County) in the amount of $29,547.38 P:~ADMII'~2.002 ADMIN\C02_0410A Articulated Trencher_Revised.wpd GJK:DW:Ijm March 26, 2002, 2:26pm ADMINISTRATIVE REPORT MEETING DATE: April10,2002 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 28, 2002 APPROVED DEPARTMENT HEADf/./~ CITY A'I-FORNEY ~ CITY MANAGER ~ SUBJECT: Accept bids from U. S. Traffic Corporation $33.247.55, 3M $24,756.52, Synchronex $12, 226.50, and Pacific Lighting Sales $2,348.78, for traffic signal control equipment. Total $75,579.35 RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to thirty-three (33) vendors. Eight (8) bids were received. In order to get the best price, staff recommend award as follows: U. S. Traffic Corporation 9603 John Street Santa Fe Springs, CA 90670 3M 3M Center St. Paul, MN 55144 Synchronex 1420 N. Claremont Boulevard Claremont, CA 91711 Pacific Lighting Sales 23666 Birtcher Drive #100 Lake Forest, CA 97630 109 items in the amount of 25 items in the amount of $33,247.55 $24,756.52 6 items in the amount of $12,226.50 6 items in the amount of $2,348.78 P:~ADMIN~O02 ADMIN\C02_0410C Traffic Signal Control Equipment.wpd GJK:DW:ljm March 28, 2002, 8:22am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar' ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 2, 2002 APPROVED DEPARTMENTHEAD CiTYA.i-i-ORNEY//~"/~ CITY MANAGER Replacement loader for Public Works 1. Rescind award to Construction Machinery, Incorporated, $88,641.05 for loader. 2. Accept bid from Quinn Company, $95,613.38, for one (1) replacement loader. RECOMMENDATION: Staff recommends rescinding award to Construction Machinery, Inc. and accepting bid from Quinn Company. BACKGROUND: On March 6, 2002, Council awarded the purchase of an articulated 4-wheel drive loader to Construction Machinery, Incorporated (CMl) in Bakersfield. Since that time, CMl has ceased doing I~usin~ss. CMl representatives contend they will reopen inthe near future. Finance Department staff, after consulting with the City Attorney's office, recommends rescinding the award to CMl and awarding the bid to the second lowest bidder, Quinn Company, in the amount of $95,613.38. Funds are available for this award. S:~imG\Gregory~DMIN-Artc4WhlDrvLoader.wpd klg ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.kk. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD DATE: March 29, 2002 CITY ATTORNEY ~/'~-~ SUBJECT: CITY MANAGER ~ Transfer $45,000 from the Capital Outlay Fund/Capital Improvement Project (ClP) Budget to the Equipment Management Fund ($20,000) and the General Fund ($25,000) operating budgets for the Department of Recreation and Parks. (Ward 2) RECOMMENDATION: Staff recommends approval of the transfer. BACKGROUND: On March 6, 2002, the City Council approved a lease with Centennial Center for office space at 900 Truxtun Avenue to become effective July 1, 2002. This new office building will house the Economic/Community Development and Recreation and Parks Departments. To prepare the building for use by the C;ty, it will need to be equipped for phones, computers, and other items. The work consists of installation of a telephone system, cabling, and radio system ($20,000), computer equipment for network connections ($10,000), and various furniture/equipment items and moving expenses ($15,000). The initial CIP budget item of $45,000 was to be used to obtain a portable office building for Park administrative staff which is no longer needed with administrative staff moving to the new building. March 29, 2002, 8:43am P:~Adrnin R pts\BudgetTrans45.wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent. Calendar ITEM: 8.1 ]. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 15, 2001 Street Resurfacing/Reconstruction Program: DEPARTMENT HEAD f~ CITY ATTORNEY ~-'~'~" crn, MANAGE. Authorize the addition of one Heavy Equipment Operator and two Light Equipment Operators to the Street Division's operating budget within the General Fund to provide additional staffing for the City's resurfacing/reconstruction program. RECOMMENDATION: Staff recommends approval of the 3 additional positions. BACKGROUND: City Manager Report 2-02, regarding the street resurfacing/reconstruction program, was presented to Council at its March 6, 2002, meeting. This Report included an overview of the program to be done through the Capital Improvement Program and the Streets Division's maintenance efforts. Council was presented with two phases in regards to work which the Streets Division could perform on this program. Phase 1 proposed reconstruction and resurfacing of major streets adding equipment and a limited number of staff. Phase 2 proposed substantial increases in the reconstruction and resurfacing of major streets by the Streets Division with the addition of equipment and sufficient staff for an additional paving crew. Staff recommended that we proceed with Phase 1, which included purchase of a road reclaimer (pulverizer), paving machine, and two dump trucks. Phase 1 also included adding a Heavy Equipment Operator and two Light Equipment Operators to the Streets Division's Maintenance Section staff. The purchase of the pulverizer and paving machine, which are both needed to proceed with Phase 1, was approved by council at the March 6, 2002 meeting. The pulverizer was purchased and delivered Fdday, March 8, 2002, and the paving machine will be delivered within a few weeks. The additional staff is needed to operate the new equipment and allow the Streets Division some flexibility to work in two areas at one time performing street resurfacing and reconstruction. Approval of these positions would allow this Division to take full advantage of the current paving season and still be aggressive in their preventative street maintenance program. Additional funds for the positions are not required in the current fiscal year as anticipated savings from vacant positions can be utilized. However, approval of these positions will increase the Streets Division operating budget by $131,000 in salaries and benefits beginning in fiscal year 2002-03. PE: ucs G:\GROUPDAT~DMINRPT~?.002V~,pr 10~Admin~,ddiflonaJ Personnel wpd ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent ITEM: 8.mm. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager April 1,2002 APPROVED DEPARTMENT HEAD ,/~-~ CITY ATTORNEY CITY MANAGER Addition to Management Information Systems (MIS) Staff: 1. Approve two (2) additional Office Systems Technicians, and 2. Transfer $19,000 from City Council Contingency to the MIS Operating Budget in the General Fund to provide funding for two (2) additional Office Systems Technicians. RECOMMENDATION: Staff recommends approval of the positions and the transfer. BACKGROUND: The staff of the City of Bakersfield has become reliant upon computer technology to be more effective in our daily work. In fact, many more City employees use personal computers (PC's) than ever before. Word processing, email, and internet are tools that we use on a daily basis. Since 1996, we have added 225 new PC's and many laser printers to our inventory of computer equipment. Of course, computer equipment must be maintained and repaired in a reasonable time frame in order for the staff to remain effective. While we have increased the number of PC's, we have not kept pace with a corresponding number of PC Technicians in the Management Information Systems (MIS) division. As a result, the back-up in calls for service has increased and we are unable to respond in a timely manner. Currently, the ratio of PC Technicians to PC's is about 130 to 1. The problem has become so acute that sometime users may wait weeks before a technician can respond to their call for service. This is an unacceptable level of service to have PC's down for that long given our daily reliance on them. Therefore, staff recommends that two (2) Office Systems Technicians be funded immediately from City Council Contingency funds. After including the new PC's that will be added in FY 02-03, adding these positions will reduce the ratio of technicians to PC's to about 100 to 1. This will reduce our response time and allow us to resolve computer problems more quickly. Other management efforts are being made by the MIS division to improve response time that will also help improve the situation. The annual cost, including benefits, for two Office Systems Technicians is $112,171, or $56,085 a each. Staff proposes that these positions be added in this fiscal year at a cost of about $19,000. Therefore, we recommend that $19,000 be transferred from City Council Contingency to the MIS Operating Budget in the General Fund. These positions are proposed as part of the upcoming budget proposal for FY 02-03, so that future funding of the position will be provided for as well. ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.nn. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director March 15, 2002 APPROVED DEPARTMENT HEAD_~__ CIT'fAI'rORN~.~~_ CITY MANAGER 0'~ SUBJECT: Acceptance of 2000-01 Transportation Development Act Funds Financial Statement RECOMMENDATION: Staff recommends acceptance of audit report. BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review and recommendation. The Committee accepted the audit report at its Meeting of March 14, 2002. The financial statement summarizes fiscal activity for the Streets and Roads Fund, the Bikeway and Pedestrian Fund, and the Public Transit Fund. This audit is the first for the Public Transit Fund which accounts for the Bakersfield Amtrak Station's operating expenses. Th accuracy and fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Randall Reyes Paulden & McCown has issued an unqualified opinion. No other reports were issued by the accounting firm in regards to the above audit report. ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.oo. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Bart J. Thiltgen, City Attorney April 2, 2002 APPROVED DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER Recommend removal of Imogean McGill from the Citizens Advisory Committee Member due to excessive absences, and recruitment of new member. RECOMMENDATION: Staff recommends removal of CCSAC member and recruitment by City Clerk of new member. BACKGROUND: On February 10, 1999, City Council appointed Imogean McGill, the nomination by Council Member Carson, to serve as a Committee member on the Citizen's Community Services Advisory Committee CCSAC). Pursuant to the CCSAC bylaws, a member may be removed if he/she misses more than two meetings in a calendar year. According to staff records, CCSAC met eight times in 2001 and Ms. McGill was absent from four of those meetings. Staff attempted to contact Ms. McGill by telephone in January 2002, and was informed that her telephone was disconnected. On January 11, 2002, the City Attorney's Office sent Ms. McGill a letter requesting that she contact staff and advise us of a number where she could be reached. The letter also asked whether she was still interested in serving on the Committee. Staff has not received a response to the letter and it was not returned as "undeliverable." Although agendas have been mailed to Ms. McGill, she has missed all of the 2002 CCSAC meetings. At the March meeting, CCSAC unanimously passed a motion recommending to City Council that Ms. McGill be replaced due to excessive absences; therefore, Staff recommends that Council remove Imogean McGill as a committee member and authorize the City Clerk to begin recruitment for a new committee member. VG:alj April 2, 2002, lO:05am S:\CO UNC IL'xAdmins\CC SAC Member Replacmnt.wpd ADMINISTRATIVE REPORT IMEETING DATE: April 10, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.pp. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager April 1, 2002 Cost Recovery Program Update APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER (~'7/-~7 RECOMMENDATION: Staff recommends refer to Budget and Finance Committee. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code. The City's biennial review process includes a thorough review of all fees every two years to check assumptions for labor costs, materials usage, etc. Staff has performed a thorough review of all fees for calendar year 2002 and is recommending some adjustments to fees in cases where warranted. The rate increases generally are consistent with inflation. In cases where that does not apply an explanation or justification is provided. Based on the April 2001 Building Valuation Data tables the residential and commercial construction fees are proposed to be reduced to keep cost in line with revenues. The City of Bakersfield will continue to have some of the lowest building fees for comparable cities as building activity continues to be strong. City staff has reviewed the proposed changes with Building Industry representatives and they have indicated they are not opposed to the proposed changes. This administrative report refers the proposed fees to the Budget and Finance Committee for their review and input prior to the public hearing. Staff will schedule the required public hearing for May 8, 2002 for the purpose of receiving additional input, and Council may then consider the adopt!on of the fees by resolution. Recreation/Cultural fees are proposed to become effective September 1, 2002. Development Services fees require a sixty (60) day waiting period and shall become effective on July 15, 2002. All other fees are proposed to increase or decrease beginning June 1, 2002. April 2, 2002, 4:31pm ADMINISTRATIVE REPORT 2 2002 Cost Recovery Overview Staff has prepared a detailed worksheet indicating proposed new fees, reduced fees, restructured or unusual increased fees, development fees and fees recommended for removal from the master fee schedule for your review. Some of the more noteworthy proposed fees are briefly summarized below. New Fees B-23 Fire Suppression-Permit Processing. This is a new $85 fee to be charged to businesses to recover the staff cost for reviewing the risk management and spill prevention control plans, and hazardous waste violation follow up as required by law. B-26 Minor Land Division Review. This is a new $890 fee proposed by Public Works for an owner initiated parcel merger. A property owner can apply to merge contiguous parcels under common ownership without reverting to acreage. This fee is for the cost incurred by staff to review the application request, prepare the environmental determination, notice of decision and recording a certificate of merger. This fee was recommended by the Development Streamlining Task Force. Prior to the adoption of the ordinance for Lot Mergers, the developers had to use the Parcel Map or Parcel Map Waiver process to merge lots. The Lot Merger process is much faster and is equivalent to the Lot Line Adjustment process. The fee for this process is equivalent to the current fee charged for a lot line adjustment. D-61 Business Regulation. This is a new $300 fee proposed by the City Manager's Office to recover the City's cost of processing the alcohol license application. The State of California has passed legislation requiring in certain circumstances the person seeking the Alcoholic Beverage Control license must have a statement from the local governing agency indicating the issuance of the license meets with the community's public convenience and or necessity. The City developed a process to accommodate this new legislation, absorbing the costs involved in the process at no cost to the applicant. However, this service is very specific to the individual wishing to obtain the approval and requires the involvement of several departments, including police background searches on applicants and related reporting district reports. Staff is proposing a $300 non-refundable application fee be charged for this service. Reduced Fees A-1 New Residential and Commercial Construction; A-2 Residential Addition, Alteration, Remodel or Repair; and A-3 Commercial Addition, Alteration, Remodel or Repair. Development Services is proposing to modify building fees to incorporate the April 2001 Building Valuation Data which is designed to account for all aspects of construction costs from plan checking to the final inspections. The valuation data reflects national average costs per square foot and each jurisdiction applies a regional modifier to account for local construction costs in their area. Based on this data the City of Bakersfield is proposing to reduce fees to only recover the cost of providing building inspection and plan checking services. In order to hold revenues at an equal or lower level, we are proposing to reduce the "fee factor" from 0.0066 to 0.0055 for residential construction; from 0.0088 to 0.0078 for commercial April 2, 2002, 4:31pm ADMINISTRATIVE REPORT construction under $1,000,000; and from 0.0078 to 0.0068 for commercial construction over $1,000,000. The impact on residential would be a decrease of $84.51 on a 2,000 square foot home valued at $120,680. This would decrease the fee for a single family residence from $851.32 to $766.81. B-37 Map & Improvement Plan Checking - Grading Plan Review. Public Works is proposing to reduce the fee from $304 plus $15 per acre to $270 plus $15 per acre to standardize the fee for all grading plan checks for subdivision tracts just as in commemial projects and other multi- family plans, parcel maps and parcel map waivers in excess of 5 acres in size. The standard time involved in all categories are similar. Restructured or Increased Cost Fee-~ A-10 Fire Safety Review/Inspection. The Fire Department is proposing to increase various inspection and reinspection fees to reflect the actual cost. Many of the fees in this category are currently 50% of the actual cost and this request is to recover the true cost. It is anticipated that fee increases in this category will provide greater incentive for businesses to bring their facility into compliance based on the first inspections and reduce the necessity for multiple inspections for the same issue. B-34 Concurrent Applications - Maps. Development Services is proposing to increase this fee from $4,166 per application to $7,000 per application. A Concurrent Application represents a blended process that includes both a general plan amendment and a zone change. This increase is requested because of the increased staff time required to work on complex general plan amendments and zone changes which continually require more project analysis and management involvement. The fee for a typical zone change is $2,537 or $3,045 for a PCD/PUD zone change and a general plan amendment is $4,060. If combined, the cost of these services would be either $6,597 or $7,105 depending on the nature of the zone change. The Concurrent Application fee is presently set at $4,166 which does not adequately recover the costs to process the application which averages $7,653. Staff is proposing to move toward full recovery for this fee, however, if desired the fee increase could be implemented incrementally. D-75 Animal Regulation. Dog Licenses and Impound Charges. The SPCA has an agreement with the City to provide animal control services. The SPCA has been experiencing increases in operating costs in addition to costs incurred through new state mandates requiring additional kenneling stays and related costs. The City recently increased the contract with the SPCA to help cover a portion of the increases. To ensure that a portion of costs are borne by those who use the SPCA services, the SPCA has requested increases in City licensing and animal control fees. The last increase in fees was in 1993. The SPCA is proposing to increase the current fee for altered animals from $14, $28, and $42 for one, two and three-year periods to $15, $30 and $45, respectively; offering senior discounts on altered animals ($10,$20, and $30); increasing the licensing late fee from $10 to $20; increasing medical fees from $5 to $10. A survey of fees of other agencies was conducted to ensure the proposed fees were in keeping with those charged by others. April 2, 2002, 4:31pm ADMINISTRATIVE REPORT Page 4 E-83 Recreation Center Rental- Charge after 10 p.m. Recreation and Parks 'are proposing to increase the fee from $10 per hour to $50 per hour. Currently when a recreation center rental is scheduled to end at 10 p.m. or later, a charge of $10 per hour is charged for every hour over the specified rental time. This is charged in addition to the regular hourly rental fee for the facility. If the renter does not vacate the facility at the specified time the a Recreation Specialist must be called out, incurring a cost which is substantially more than the hourly cost of part-time personnel. Develooment Fees In general the development fees are proposed to increase approximately 3 to 6% which reflects the increase in the consumer price index since the last fee update occurred in June 2000. Fee Removed From Master Schedule A-11 Sewer Stoppage Investigation. Staff is proposing to remove this fee because it is never charged to the customer. E-83 Recreation Center Equipment Rental. Tables and chairs are most commonly rented by Non-Profit and private groups. Staff is proposing to remove this fee because the nominal amount of rental revenue earned, does not offset the administrative work involved in calculating the charges and ensuring the correct number of tables and chairs are set up. Other types of equipment is rarely requested and an increase in rental requests in not anticipated with the deletion of the fee City staff is recommending the proposed changes to the Master Fee Schedule be reviewed by the Budget and Finance Committee as presented. S:\Darnell~Cost Recovery Admin.wpd April 10refer to B&F Comm Apdl 2, 2002, 4:31pm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.qq. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~ ' DATE: April 2, 2002 CITY ATFORNEY CITY MANAGER SUBJECT: Adult-Related Businesses RECOMMENDATION: Staff recommends referral to Legislative and Litigation Committee. BACKGROUND: Councilmember David Couch requested this issue be placed on the agenda for Council referral to the Legislative and Litigation Committee for the purpose of reviewing the extent of current City Ordinance regulation of siting and operations of adult-related establishments within existing case law-established permissible parameters. BJT:lsc S:\COUNCIL\Adrnins~Adu[tBus.wpd April 2, 2002, 8:20am ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 AGENDA SECTION: Hearings ITEM: 9.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 14, 2002 APPROVED DEPARTMENT HE~/, CITY MANAGER Adoption of Negative Declaration with mitigation measures for the State Route-178/Fairfax Road Intemhange Project. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration, with mitigation measures, for the State Route-178/Fairfax Road Interchange Project. BACKGROUND: Pursuant to the California Environmental Quality Act (CEQA), adoption of the proposed Negative Declaration is necessary for the City of Bakersfield to proceed with plans for constructing of the interchange at State Route-178/Fairfax Road. In cooperation with the California Department of Transportation, the City of Bakersfield has taken the lead to construct the interchange at State Route-178/Fairfax Road. The purpose of the project is to improve traffic flow, traffic safety, and to mitigate traffic related noise impacts. The proposal involves the widening of Fair[ax Road at State Route-99, and construction of an interchange. The improvements will occur on Fair[ax Road, between Auburn Street and just south of State Route-178, and along State Route-178 between Oswell Street to just east of Fairfax Road. Most of the work for the project will occur within the right-of-way of State Route-178. The project will include a modified diamond design interchange at the existing at grade intersection of Fairfax Road and State Route-178, widening State Route-178, adding three on-ramps, two off-ramps and a sound attenuation wall along the north side of State Route- 178. The sound wall will range in height between six feet in height at Auburn Court to 14 feet at Eastridge Court. Fairfax Road will cross over State Route-178 with sidewalks on both sides to accommodate pedestrians. In addition to the CEQA document, the City of Bakersfield has also prepared a Categorical Exclusion pursuant to the National Environmental Policy Act (NEPA). The Federal Highway Administration, in cooperation with the California Department of Transportation, is the lead agency for the NEPA March 18, 2002, l:10prn ADMINISTRATIVE REPORT document. Both agencies are currently processing the Categorical Exclusion. The document is likely to be completed and approved next month. The City of Bakersfield is not required to take any action on the NEPA document. During the review period from January 31, 2002, to March 1, 2002 the City of Bakersfield received comments on the proposed Negative Declaration from The California Regional Water Quality Control Board and the San Joaquin Valley Air Pollution Control District. The Regional Water Quality Control Board indicated that the City of Bakersfield must submit a Notice of Intent to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water associated with construction activity to the State Water Resources Control Board and a Storm Water Pollution Prevention Plan must be prepared. As indicated in the Initial Study, the City of Bakersfield will comply with National Pollutant Discharge Elimination System Permit No. CAS000002 for Discharges of Storm Water associated with construction activity. The City of Bakersfield will also prepare a Storm Water Pollution Prevention Plan and submit a Notice of Intent to the State Water Resources Control Board thirty days prior to the commencement of construction activities. The San Joaquin Valley Air Pollution Control District indicates that a Negative Declaration is adequate for the project. The project is subject to District Regulation VIII - Fugitive Dust Rules. The applicant should contact the District's Permit Services section in regards to any permits that may be required for the construction of this project. Any equipment subject to the District's Permit to Operate requirements must obtain an Authority To Construct (ATC) from the District. Construction or installation of equipment, which requires an ATC, and intimately related appurtenances such as foundation and utility hookups for the equipment, cannot begin until an ATC is obtained. Depending upon the nature and complexity of the application and staff workload, ATC approval can take several months. Because of the height of the sound wall (> 6 feet), a meeting was held on January 15, 2002 with all affected property owners. There were approximately 40 people in attendance with city staff and Councilman Maggard. Support for the sound wall was nearly unanimous. In addition, staff met with approximately 15 property owners adjacent to the southwest corner of the interchange. Concerns were primarily focused on visual impacts which will be mitigated by interchange landscaping. The proposed Negative Declaration is attached for the City Council's review and consideration. RED (admin~apr~4-10-178) March 18, 2002, 1:1Opm ADMINISTRATIVE REPORT MEETING DATE: April 10, 2002 IAGENDA SECTION: Hearings ITEM: 9.b. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: March 28, 2002 CITY A'rrORNEY ~ SUBJECT: Red Light Photo Enforcement: Public Hearing regarding implementation of Red Light Photo Enforcement Program. Agreement between the City of Bakersfield and Redflex Traffic Systems, Inc. for Digital Automated Red Light Photo Enforcement Cameras. RECOMMENDA~ON: Staff recommends Council conduct the public hearing and approve the agreement. BACKGROUND: The City has been exploring the implementation of an automated red light photo enforcement program for some time. Due to changes in technology, recent court cases and industry pricing structures the implementation of the program has been delayed. Staff conducted an RFP process but none of the responding vendors were able to meet the city's needs and requirements regarding the red light photo enforfcement program. After contacting additional vendors staff has determined that the red light photo enforcement program offered by Redflex Traffic Systems can meet the requirements of the City. This was reported to the City Council at a recent workshop. Staff has subsequently negotiated a contract with Redflex to provide a digital automated red light photo enforcement program. Key elements of the program are: · Contract term of 5 years with two - 1 year extensions at the City's option. Installation of systems at six intersections with twelve approaches (2 at each intersection) with an option of a second phase of another four intersections and eight approaches (2 at each intersection). Redflex will construct and maintain the system · Performance clauses to maintain control and city's ability to terminate for non-performance. · A fixed fee of $89.00 per issued citation. VG:alj S:~JOHN\Red Light Hearing Admin Report.wpd ADMINISTRATIVE REPORT The Police Department will have responsibility for administering and overseeing the program. Specific locations for photo enforcement will be determined by the Police Department, Public Works Traffic Engineering staff and the vendor based on traffic volumes, accident and red light violation data and other relevant information. The Public Hearing regarding the implementation of the program is required by state law and was noticed in the Bakersfield Californian. Upon award of the contract, staff will work with the vendor to provide public information regarding the implementation of the program and notice regarding red light photo enfomement in the City as required by law. There will also be a warning period prior to the issuance of actual citations and final implementation of the program. Redflex has successfully implemented red light photo enforcement programs in the California cities of Ventura, San Juan Capistrano, Culver City, Garden Grove, and Fremont. They also have systems in place in Oregon, Ohio and Arizona. Staff recommends conducting the public hearing and approval of the agreement. VG:ali S:~JOHN\Red Light Hearing Admin Report,wpd