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HomeMy WebLinkAbout04/30/2003 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF APRIL 30, 2003 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PREMEETING 1. ROLL CALL 2. WORKSHOP 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; closed session pursuant to Government Code Section 54957. REGULAR MEETING t. INVOCATION by Pastor Jeff Ward, Stine Road Baptist Church. 2. PLEDGE OF ALLEGIANCE by Brittany Lopez, 8~h Grade Student, Norris Middle School. 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Rhonda Smiley, of the Public Employees Roundtabie of Kern, proclaiming May 5-9, 2003, as "Public Employees Recognition Week." b. Presentation by Mayor Hall of Proclamation to Randy Martin, Director of the Family Care Network, proclaiming May, 2003, as "Foster Care Month." 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR (Ward 5) (Ward 5) (Ward 4) (Ward 5) Minutes: Approval of minutes of the March 31, 2003 Special Joint City/County Meeting and April 9, 2003 Council Meeting. Payments: Approval of department payments from March 28, 2003 to April 17, 2003 in the amount of $8,842,558.24 and self insurance payments from March 28, 2003 to April 17, 2003 in the amount of $240,334.25. Ordinances: First reading of Ordinance amending Section 2.72.230 of the Bakersfield Municipal Code Relating to reduction in force. First reading of Ordinance repealing Section 2.24.023 of the Bakersfield Municipal Code relating to the approval of sale or lease of property. First reading of Ordinance amending Bakersfield Municipal Code Chapter 5.32 relating to Massage Establishments. Ordinance amending Chapter 12.40 of the Bakersfield Municipal Code regarding Street Trees requiring permits for commercial tree contractors performing work or maintenance of trees in the public right away. Adoption of Ordinance approving the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-20 from A-20A (Agriculture - 20 acre minimum lot size) to R-1 (One Family Dwelling) zone on 40.88 acres located at the southeast corner of Pacheco Road and Old River Road. (ZC 03-0016). (First reading 4.9-03.) Adoption of Ordinance approving the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-09 from R-3 (Limited Multiple Family Dwelling) to R-3 (Limited Multiple Family Dwelling) zone with a Ch (Church) overlay on 2.71 acres located at 3200 Gosford Road; northeast corner of Gosford Road and South Laurelglen Blvd. (ZC 03-0017). (First reading 4-9-03). Resolutions: Resolution of Intention No. 1292 to add territory, Area 1-36 (Reina, Allen NE) to the Consolidated Maintenance District and preliminarily adopting, conforming and approving Public Works Director's Report. Resolution of Intention No. 1295 to add territory, Area 3-20 (Buena Vista, Panama Lane NE) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) (Ward 4,6) (Ward 3) (Ward 2) (Ward 1,2) (Ward 4) CONSENT CALENDAR continued Resolution of Intention No. 1294 to add territory, Area 1-37 (Jewetta, Noriega, NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. I. Assessment District No. 03-1, (Brighton Place/Silver Creek II) 1. Resolution approving boundary map. 2. Resolution of Intention 1296. Resolution approving Acquisition and Disclosure Agreements and Authorizing changes thereto and execution thereof. Resolution ordering the summary vacation of Camino Grande Drive in the buffer area on thee west side of the County of Kern's China Grade Sanitary Landfill site. n. 1200 Eureka Street and 1133 18th Street, sidewalk construction. Resolution authorizing the Public Works Director to construct sidewalks at 1200 Eureka Street and 1133 E. 18t~ Street, confirming assessments and authorizing the collection of assessments by the Kern County Tax Collector. Agreements with property owners to pay sidewalk construction costs in installments and notice of special assessment lien. Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 448 located at the southeast corner of Downing Road and Coffee Road. 8. CONSENT CALENDAR continued (Ward 4,5,7) (Ward 7) (Ward 6) Agreements: Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6125 Phase 2 located north of Hocking Avenue and west of Akers Road. Final Map and Improvement Agreements with Center Homes for Tract 6104 Unit 1 located east of Buena Vista Road and south of Harris Road. Final Map and Improvement Agreements with Center Homes for Tract 6104 Unit 5 located east of Buena Vista Road and north of Panama Lane. Final Map and Improvement Agreements with Bakersfield Land Development, LLC, for Tract 6061 Phase 1 located east of Allen Road and north of Reina Road. Sound wall along the northbound off-ramp from SR99 to the White Lane interchange: 1. Approve contribution Agreement with Department of Transportation for the construction of the sound wall. Appropriate $737,500 State Transportation Improvement Program Funds to the Capital Improvement Program within the ISTEA Fund. Amendment No. 1 ($600,000 increase for a total compensation of $1,800,000) to Agreement 02-258 with Granite Construction Company to furnish street materials for the Street Division. Contract Change Order No. 2 to Agreement No. 02-302 with C.W. Neal Corporation, ($9,947.56 for a total contract amount of $621,832.29) on the "Northeast Bakersfield Water Supply Reservoir Phase 2 - Liner Installation" for the Water Resources Department. Wastewater Treatment Plant 3, Best Practicable Treatment and Control (BPTC) Project. 1. Award Consultant Contract with Carollo Engineers (not to exceed $162,500). Transfer $162,500 of current Capital Improvement Project appropriations to fund the BPTC Project within the Sewer Enterprise Fund. v. Agreement with LexisNexis for on-line research services. 4 (Ward 2) (Ward 3) (Ward 4) (Ward 4) (Ward 1) (Ward 4,5) (Ward 4) CONSENT CALENDAR continued w. North Chester Avenue South Bound Bridge Replacement: Approve Amendment No. 4 to Agreement No. 97-346 with W. Koo & Associates, Inc. (Consultant) to increase compensation to Consultant by $42,424 (for a revised total contract amount of $823,698). Appropriate $42,500 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund. Contract Change Order No. 2 to Agreement No. 02-307 with Granite Construction Company for $14,581.50 (for a revised total contract amount of $708,894.47) for the project known as Realignment of Comanche Drive at SR 178 and Installation of Traffic Signal, Lighting and Flashing Beacons System at Comanche Ddve, SR 178 and Alfred Harrell Highway. Relocation of the Friant-Kern Canal at the intersection of Olive Drive and Calloway Drive: Contract Change Order No. 3 to Agreement No. 02-334 with Vadnais Corporation for a credit of $131,048.57 (for a total contract amount of $3,457,306.79) Appropriate $300,000 Traffic Impact Fee revenue to the Capital Improvement Budget within the Transportation Development Fund. Cooperative Agreement with the Department of Transportation for the construction of the widening of Rosedale Highway between State Route 99 and Gibson Street. Amendment No. 1 to Agreement No. 02-108 with Kern County Superintendent of Schools (KCSOS) for $370,000 - 2000 EDI Special Projects Grant funds. Consultant's Agreement with Luster National, Inc., ($264,972.26) to provide project management services for the Westside Parkway project. cc. Facility management Agreements: 1. Approval of SMG Agreement. 2. Approval of Aramark Agreement. Bids: dd. Accept bid of $708,768.00 and award contract to Whitten Pumps, Inc. for "Drilling casing and pump testing four (4) gravel envelope water wells - Stations CBK -!.~., L- 209, L-210, L-211" for the Water Resources Department. 5 8. CONSENT CALENDAR continued (Ward 2) (Ward 4) (Ward 2) (Ward 4) ee. Accept bid from Jim Burke Ford $30,722.35 for one full size pickup cab and chassis, 19,000 GVW, to be used as a service truck at the Greenwaste facility. (additional) Accept bid from Morbark, Inc., $534,963, for one (1) portable tub grinder for the Woodwaste Division of Public Works. (replacement) gg. hh. ii. Accept bid to award contract to Elite Landscaping, Inc. ($400,390) to construct Baker Street Streetscape Project. Accept bid to award contract to A.C. Electric for $61,347 for traffic signal and lighting installations at Buena Vista Road at Deer Peak Drive. Accept bid to award contract to Loop Electric ($38,025) for the installation of conduit/wire for streetlights on 17th Street between Q Street and Union Avenue. jj. Accept bid to award annual contract to Doyle Ellis LLC for Asphalt Rejuvenator/Sealant, not to exceed $400,000. kk. Reject the one (1) bid for wireless LAN Kit for the Police Department. II. Reject six (6) bids for front self-loading dump trucks. Miscellaneous: mm. Rebate from PG & E for boiler replacement at City Hall ($4000). nh. Appropriate $112,269 Supplemental Law Enforcement Services Funds (SLESF), $193,332 Local Law Enforcement Block Grants Funds (LLEBG, and $13,000 Asset Forfeiture revenue to purchase Motorola Communications Consoles for the Police Radio Communications Dispatch Center. oo. Appropriate $290,000 for 2800 acre water banking sales to the Water Resources Operating Budget within the Agriculture Water Fund for additional electrical power costs. pp. Transfer $150,000 from the Supplemental Law Enforcement Safety Fund CIP budget to the Offstreet Parking Fund CIP budget for demolition of Food Bank Building. qq. Acceptance of 2001-02 Transportation Development Act Funds Financial Statements. Fr. Acceptance of $16,900 in monetary donations from several local businesses for anti-graffiti educational and promotional activities. ss. Review Proposal for In-House Liability Claims Administration. Staff recommends referring this matter to the Budget & Finance Committee. 8. CONSENT CALENDAR continued (Ward 3) (Ward 1) 10. Approval of the FY 03/04 Annual Action Plan of the Consolidated Plan 2005 (CDBG, HOME, and ESG). UU. Form of Acknowledgment and Consent with Redflex Traffic Systems Inc. for assignment of security interest in certain property to National Australia Bank. VV. General Plan Amendment 02-0623; Mclntosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. Staff recommends adoption of Consent Calendar items a. through vv. HEARINGS Continued Public Hearing for Resolution ordering the Vacation of Camino Grande Drive along the north side of the Bear Mountain Cogeneration Plant. Staff recommends adoption of the Resolution. Resolution of the City Council of the City of Bakersfield approving the sale of real property by the Bakersfield Redevelopment Agency for $650,000 to Les Denherder, Trustee of the Denherder Revocable Living Trust, under trust dated October 11, 1988 and forgiving the $450,000 balance of debt due the City of Bakersfield pursuant to Agreement No. 99-243. Staff recommends adoption of the Resolution. c. Resolution establishing sewer and storm sewer service user charges. Staff recommends adoption of the Resolution. d. Resolution adopting fees pursuant to the Cost Recovery Program. Staff recommends adoption of the Resolution. REPORTS 11. DEFERRED BUSINESS 12. '13. a. Ambulance Rate Review: 1. Consideration of a Consumer Price Index adjustment to ambulance rates. Agreement with Health Analytics LLC to perform an Ambulance Rate Modification Study for the City of Bakersfield for an amount not to exceed $26,500 and appropriation of $26,500 from Hall Ambulance to the Non- Departmental Budget in the General Fund to cover cost of the Ambulance Modification Study. Staff recommends Council determination. NEW BUSINESS Appointment of voting delegate and alternate to League General Assembly Special Meeting on May 15, 2003. Staff recommends selection of voting delegate and alternated as determined by Council. COUNCIL AND MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM April25,2003 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ,~/ ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - APRIL 30, 2003 COUNCIL MEETING PRE-MEETING There is one closed session item, which is a continuation of the annual per[ormance evaluation of the City Manager. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance Amendinq the Municipal Code relatinq to Reduction in Force. The Code was amended in 1995 to reflect the process to which all of the bargaining units had agreed. In 1996, the City Charter was amended per the adopted MOU for employees of the Blue and White Collar units regarding the procedure for lay-offs, demotions and promotions. Once the Charter was changed, the Code was to be further amended in the reduction in force area primarily to reflect that seniority was defined as total length of service with the City, not the total length of time worked in a department. Because the Code was never amended a second time, this amendment is presented to Council for approval. Staff has worked with representatives of the Blue and White Collar units and the City Attorney's staff to ensure the language in the amendment is consistent with the agreement with the bargaining units. Item 8f. Amendment to the Municipal Code reqardinq Street Trees Reauirina Permits for Commercial Tree Contractors Performinq Work or Maintenance of Trees in the Public Riqht ul Way. The Urban Development Committee discussed different alternatives which would improvu the City's ability to make sure tree maintenance performed by private contractors within the public right of way is done in a safe and professional manner. One alternative is to require commercial tree contractors obtain an annual permit for this work. HONORABLE MAYOR AND CITY COUNCIL APRIL 25, 2003 PAGE 2 The current ordinance placed responsibility with the Public Works Director; however, in practice the Urban Forester under direction of the Recreation and Parks Director handles this function. The draft ordinance includes the permit requirement and a change in departmental jurisdiction and oversight, and is recommended for approval by the Urban Development Committee. Resolutions: Item 8m. Resolution Orderinq the Summary Vacation of Camino Grande Drive in the Buffer Area on the West Side of the County China Grade Sanitary Landfill Site. The County acquired a 40- acre parcel on the west side of the closed China Grade landfill site, which is part of the buffer area surrounding the old County landfill. Camino Grande Drive is the dedicated public road that accesses the old landfill from Alfred Harrell Highway through the 40-acre parcel. The County requests vacation of Camino Grande Drive within their 40-acre parcel so it can be converted to a private road. Subsequently, the County plans to fence in the entire buffer area. City and County staff have agreed that gates would be installed for access control. City Fire Safety Services directed that a fire access easement will be reserved within the vacated roadway to maintain emergency access. This item is very similar to an item in Public Hearings concerning the same roadway, although it is a different location. This item is on Consent because all the adjacent property owners consent to the vacation. The other item in Public Hearings affects other property owners, so a public hearing is required. Aqreements: Item 8r. Soundwall Alonq the Northbound Off-Ramp from SR99 to the White Lane Interchanqe. The City is currently pursuing a bridge widening and ramp improvement project on White Lane at SR99. As mitigation measures for the project, a soundwall along the northbound off-ramp near the Smoke Tree Mobile Home Park shall be constructed. The City will receive State Transportation Improvement Program funding for construction. The Department of Transportation desires to enter into a Contribution Agreement for which they will allocate the $737,500 to the City for construction. Item Ss. Amendment No. 1 to Aqreement 02-258 with Granite Construction Company to Furnish Street Materials for the Street Division in the amount of $600.000. The annual contract for streu[ materials is exhausted due to the accelerated street resurfacing/reconstruction program that was performed during the 2002 resurfacing season. Staff recommends increasing the annual contract to pay for material that is needed on projects that are currently in progress and those that are pending. The amount requested is sufficient to cover costs for the remainder of the contract period, which is September 17, 2003. Item 8z. Cooperative Aqreement with the Department of Transportation for the Construction of the Wideninq of Rosedale Hiqhway between State Route 99 and Gibson Street. The project has bee. designed by consultants hired by the City, and will be ready to go to bid shortly. CalTrans has agreed to contribute $400,000 towards the widening project. CalTrans also has a resurfacing project currently under contract for Rosedale Highway between Allen Road and SR99 (which includes the widening area), and the City and CalTrans are jointly pursuing using CaITrans' resurfacing contractor to construct the widening improvements as a change order to CalTrans' current resurfacing contract. This would expedite the project construction, minimize inconvenience to the public, and should result in cost savings. If this proposal is successful, then the cooperative agreement will be revised and returned to Council for approval. HONORABLE MAYOR AND CITY COUNCIL APRIL 25, 2003 PAGE 3 Item 8bb. Consultant's Aareement with Luster National. Inc. to Provide Proiect Manaaement Services for the Westside Parkway Project in the amount of $264,972.26. A qualifications based selection process was conducted by a committee consisting of City, County, Kern Council of Governments, and CalTrans staff to select a consultant to supply project management and construction management services for the Westside Parkway project. Two responses were received. Funding for this contract will be from the Federal funds allocated by the California Transportation Commission last year for the Westside Parkway Project and is included in the 2002-03 Capital Improvement Program Budget. When selecting consultants for a contract utilizing Federal funds, the consultant must either meet the Disadvantaged Business Enterprise (DBE) goals of the City of Bakersfield for the contract or prove they made a good faith effort at recruiting DBE sub- consultants to supply services to the project. The team headed by Luster National, Inc. is a certified DBE and they were hired by the City last year on an interim basis to provide project management services until a new contract using Federal funds could be completed. Luster has been performing well during this interim period. CalTrans has performed a pre-award audit of Luster National, Inc., and this contract and has found both to be satisfactory. Item 8cc. Approval of SMG and Aramark Aqreements. In the original Management Services Contract, catering/concession services were performed by SMG. Aramark, the parent company of SMG, now provides these services. The new SMG Contract combines the several amendments to the original contract, eliminates the catering/concession responsibility from SMG, and adds the management responsibility of the new Ice Rink. It acknowledges that SMG will subcontract with Ice Specialty Entertainment for the day-to-day operations of the Ice Rink. None of the financial terms with SMG are being modified relative to the Garden and Convention Center. Staff negotiated a separate agreement with Aramark to continue catering/concession services at Centennial Garden under the management of SMG. Staff re-negotiated some of the financial terms of this Contract, which will result in the City receiving an additional $60,000 over a five-year period in comparison to the past five years. The two contracts are for a term of five years and have a concurrent termination date of 2008. Both contracts need to be acted on together. Bids: Item 8qq. Award Contract to Elite Landscapinq, Inc. to Construct Baker Street Streetscaoe Proiect in the amount of $400.390. This project is funded through a Federal economic development grant and will include the installation of new decorative street lights, trees and irrigation system in the existing sidewalks, and above-ground decorative planter pots adjacent to existing basements. Three acceptable bids were received. Staff recommends award to Elite Landscaping, Inc. Item 8hh. Award Contract to A.C. Electric for Traffic Siqnal and Liqhtinq Installations at Buena Vista Road at Deer Peak Drive in the amount of $61,347. This project consists of installing traffic signal and lighting systems, pavement markings and signage at the intersection of Buena Vista Road and Deer Peak Drive. The project is funded with a $98,000 Developer Contribution and Traffic Impact Fee revenue. Two acceptable bids were received. Staff recommends award to A.C. Electric. HONORABLE MAYOR AND CITY COUNCIL APRIL 25, 2003 PAGE 4 Miscellaneous: Item 8nn. Appropriate $112,269 SuPplemental Law Enforcement Services Funds ¢SLESF), $193,332 Local Law Enforcement Block Grants Funds (I/F:RG, and $13,000 Asset Forfeiture Revenue to Purchase Motorola Communications Consoles for the Police Radio Communications Dispatch Center. The funds being requested will be used to pumhase radio communications dispatch consoles from Motorola to replace existing equipment that is over 18 years old. The new equipment is compatible with other equipment being phased in by the Communications division and will be integrated with the Kern County Sheriff's Office system. Item 8pp. Transfer $150,000 from the Supplemental Law Enforcement Safety Fund (SLESF) CIP Budqet to the Offstreet Parkinq Fund CIP Budqet for Demolition of the Food Bank Buildinq. On May 17, 2001, Council authorized $150,000 from Council Contingency to the SLESF for the Police Records Management System upgrade. The project was completed using other grants and special revenues at a lower cost than anticipated. The $150,000 is currently not designated for another purpose. Monies are required for the demolition of the Food Bank building scheduled for May 2003, to provide additional parking. Item 8w. General Plan Amendment Reqardinq Masterson Street between Lake Minq Road and Bella Drive as a Planned Arterial. The Public Hearing on this matter was closed on November 20, 2002, and the discussion by the City Council deferred to allow the applicant and staff to review possible solutions to the design problems. Several meetings have resulted in a better understanding by the applicant of the reimbursement/credit program for construction of arterials required to serve a subdivision. Staff has agreed to give credit for the roadwork based on calculations of costs that reflect the amount in excess of normal road construction. Staff will be presenting the revised cost estimates to Council for adoption as part of the normal revision of capital projects budgeting. The applicant has agreed to withdraw the application, so no further action is required by Council. HEARINGS Item 9a. Continued Public Hearinq for Resolution orderinq the Vacation of Camino Grande Drive alonq the North Side of the Bear Mountain Coqeneration Plant. The public hearing on this matter was continued from the regular Council meeting of March 12th, The Cogeneration Plant is accessed from Alfred Harrell Highway to the west and from Paladino Drive to the south. They have applied for the vacation so a gate can be placed at the east end of Camino Grande Drive to control access along the north side of the Plant. City, County and Plant representatives agree that the closure with a gate at the east end would be workable with reserved access for adjacent land owners, emergency services, municipal services, bike path purposes, and plant operation. City Fire Safety notes that an easement must be retained along Camino Grande Drive between Alfred Harrell Highway and the Paladino area to maintain emergency access. This item is very similar to another Vacation of Camino Grande Drive that occurs earlier in the Consent agenda. The difference is this Vacation is for the portion of Camino Grande east to the old County landfill site, while the item on Consent is for Vacation of a section west of the burn dump. Item 9b. Resolution Approvinq the Sale of Real Property Located near SR 58 and Mt. Vernon Avenue by the Bakersfield Redevelopment Aqency. On April 3, 2003, an auction was conducted by the Redevelopment Agency. Les Denherder, Trustee of the Denherder Revocable Living Trust was the highest bidder at $650,000. Pursuant to redevelopment law, a public hearing is required, and the Council, by two-thirds vote, must find that the sale of the property will assist in the elimination of blight, is consistent with the implementation plan for the Southeast Bakersfield HONORABLE MAYOR AND CITY COUNCIL APRIL 25, 2003 PAGE 5 Redevelopment Plan, and the sales price is not less than either the fair market value or fair reuse value of the property. The sale of the property to a private entity means that it will be placed on the tax rolls for the first time since 1907, thus generating increased property taxes which will benefit both the Agency and the City. Item 9c. Resolution Establishinq Sewer and Storm Sewer Service User Chames. Sewer user charges and fees are established annually pursuant to the Municipal Code. No increase in sewer user charges is proposed for FY 2003-04, with the exception of hospitals, schools and day care centers, whose fees are being phased in over a three-, five-, or seven-year period. Discussions regarding these phased-in rate increases were conducted with the City Council and the Budget & Finance Committee during the FY 2001-2002 budget process in order to update the City's Revenue Program. The phasing-in of these fees offered the least impact to these users, while still complying with State regulations. These fees were originally adopted by Council on May 16, 2001. Sewer user charges are collected with property taxes by the Kern County Tax Collector pursuant to the Municipal Code. Item 9d. Resolution Adoptinq Fees Pursuant to the Cost Recovery Prooram. This item was brought before Council at the March 26t~ meeting. It was removed for Council consideration to allow the Building Industry Association (BIA) an opportunity to review and discuss the proposed fee changes with staff, their board and other affected industry groups. They also met with City staff to address questions and concerns. The public hearing was also rescheduled at the request of the Building Industry. The fees in the report are proposed to increase by the annual Consumer Price Index of 1.3% or a nominal amount recommended by the department head, one fee is proposed to be restructured and increased, and two new fees are proposed. DEFERRED BUSINESS Item 1 la. Ambulance Rates. At the April 9th Council meeting, staff provided information regarding use of the Consumer Price Index (CPI) for ambulance rate adjustments. Council requested that an item be placed on the April 30"' agenda. For Council's reference, staff prepared a rate comparison sheet which shows the City's current rates; the rates requested by Hall Ambulance (original and revised); the updated state survey average; the survey cities average; and finally the current city rates adjusted by the average of the increase in Transportation and Medical Care Services CPl's for the West Urban area over the past three calendar years of 10.7% which was previously presented at the Council workshop for the Council's information. Staff received a letter on April 23, 2003 from Jacqualine Att, Controller of Hall Ambulance (included with this administrative report) that withdraws the compromise rate increase offer of 16.97% using the Western Urban CPi for Medical Care Services that was presented to the Council on March 12, 2003. Although we have received this letter, it is within Council's discretion to consider or not consider a CPi adjustment. The rates requested by Hall Ambulance On March 12~ do not reflect a consistent CPI adjustment of 16.97% across all categories. The 16.97% figure is based on the change in the Medical Care Services CPI for the West Urban Area from January 2000 to January 2003. Pursuant to Council direction, staff distributed the RFP for the Ambulance Rate Modification Study to various professional consulting firms who specialize in this type of study. Staff received proposals from five consulting firms. A panel comprised of Assistant City Manager, John W. Stinson; Assistant Finance Director, Nelson Smith and Deputy Fire Chief, Kirk Blair interviewed HONORABLE MAYOR AND CITY COUNCIL APRIL 25, 2003 PAGE 6 the three firms that best matched the City's requirements for the study. Based upon the proposals submitted, interviews with the firms, ability to complete the study within the required time frame and background checks, staff would recommend selection of Health Analytics to pedorm the rate modification study should the Council wish to proceed with the study. The amount for Health Analytics to perform the study would be a not to exceed amount of $26,500 ($25,000 for the study and Travel reimbursement up to $1,500). This amount has been paid by Hall Ambulance. NEW BUSINESS Item 12a. Appointment of Votina Deleaate and Alternate to Leaque General Assembly Special Meetinq on May 15, 2003. On May 15, 2003, the League of California Cities is holding a special General Assembly meeting to consider one or more proposals prepared by the League Board of Directors concerning the State budget and State-local fiscal reform. The League is requesting each city designate a voting delegate and an alternate who will be present at the meeting. Each city represented with have one vote. A voting card will be given to the City official designated by the City Council. Any official of a member city may, with the Council's approval, be designated the voting delegate or alternate. In order to comply with the League's request for a response by May 9th, the City Council will need to act on April 30t~. AT:AC:al cc: Department Heads City Clerk's Office News Media File JMEETING DATE: ADMINISTRATIVE REPORT April 30, 2003 AGENDA SECTION: Closed Session ITEM: ~.O... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney April 11, 2003 APPROVED DEPARTMENTHEA~ ~ ClTY A'I-rORNEY~~-- ClTY MANAGER ',~ Public Employee Performance Evaluation -- City Manager Closed session pursuant to Government Code section 54957 RECOMMENDATION: BACKGROUND: BJT:dlt April 11,2003, 1:07PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Presentations ITEM: ~ .c,.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall April 18, 2003 DEPARTMENT HEAD__~L~1~-' CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Rhonda Smiley, of the Public Employees Roundtable of Kern, proclaiming May 5-9, 2003, as "Public Employees Recognition Week". RECOMMENDATION: BACKGROUND: ndw April 18, 2003, 10:39AM S:~MAYOR~ADMIN~PUBLIC EMPLOYEES RECOG WK 03.dot ADMINISTRATIVE REPORT IMEETING DATE: April 30, 2003 AGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall Apdl 18, 2003 DEPARTMENT HEAD.~L~'~ CITY ATrORNEY. CITY MANAGER~ Presentation by Mayor Hall of Proclamation to Randy Martin, Director of The Family Care Network, proclaiming May, 2003, as "Foster Care Month". RECOMMENDATION: BACKGROUND: ndw April 18, 2003, 10:46AM S:~,!AYOR~ADM[N~FOSTER CARE MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~.o.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk April 16, 2003 DEPARTMENT H~ CITY ATTORNEY CITY MANAGER ,~ Approval of minutes of the March 31, 2003 Special Joint City/County and April 9, 2003 Council meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: p~ ,~pri124. 2003. 11:44AM S:~Council~admins~2003~APR 16. 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: <~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEA~ March 27, 2003 CITY ATTORI~~ CITY MANAGER Approval of department payments from March 28, 2003 to April 17, 2003 in the amount of $8,842,558.24 and serf insurance payments from March 28, 2003 to April 17, 2003 in the amount of $240,334.25. RECOMMENDATION: Staff recommends approval of payments totaling $9,082,892.49. BACKGROUND: k[g April 18, 2003, 8:58AM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent ITEM: %, C.. TO: Honorable Mayor and City Council ^~(x APPROVED FROM: Carroll Hayden, Human Resources Manager~ DEPARTMENT HEAD DATE: April 16, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance Amending Section 2.72.230 of the Bakersfield Municipal Code Relating to Reduction in Force RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: In March, 1996, a Bakersfield City Charter amendment repealed Section (217b) 10b of the City Charter, concerning the procedure for lay-offs, demotions, and promotions. This section was repealed as our Memorandum of Understanding for employees of the Blue and White Collar units, adopted August 10, 1994 agreed to delete this section, the procedure for lay-offs, demotions, and promotions is addressed in the Bakersfield Municipal Code and the Charter section was extremely inflexible and did not allow for prompt modification which is necessary in the bargaining process. The Bakersfield Municipal Code was amended in November, 1995, regarding the reduction in force process, to reflect the process to which all of the bargaining units in the City had agreed, prior to the City Charter amendment referenced above. Once the Charter change occurred, the Municipal Code was to be further amended in the reduction in force area to primarily reflect that seniority was defined as total length of service with the City, not the total length of time worked in a department. Due to an oversight, the Municipal Code reduction in force process was never amended the second time, following the City Charter amendment. This oversight was recently discovered; thus the reason for this amendment. Staff has worked with representatives of the Blue and White Collar units and the City Attorney's staff to ensure the language in the amendment is consistent with the agreement with the bargaining units (noted above). ,~pri117, 2003. 9:19AM S:~ADMINRP%Reduction in Force.dot ADMINISTRATIVE REPORT M,-,- liNG DATE: April 30, 2003 J AGENDA SECTION: Consent Calendar I ITEM: TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney April 15, 2003 APPROVED DEPARTMENT HEAD CITY A'n'ORNEY CITY MANAGER SUBJECT: An Ordinance Repealing Section 2.24.023 of the Bakersfield Municipal Code Relating to the Approval of Sale or Lease of Property. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: California Health and Safety Code section 33433 requires the legislative body (City Council) to conduct a public hearing and adopt a resolution approving any sale or lease of real property which has been acquired by a redevelopment agency directly or indirectly with tax increment monies. That statute only requires a simple majority to adopt such a resolution. However, the statute does authorize a legislative body to require a 2/3 vote to adopt such a resolution, if the legislative body adopts an ordinance containing that super-majority requirement. The City Council adopted such an ordinance in 1987. It means that 2/3 of the entire Council (5 members), not 2/3 of the Council members present at the meeting must vote affirmatively before the redevelopment agency can sell or lease its property. So, in the event that three Council members are absent or have conflicts of interest, the sale or lease of property could not be approved. A repeal of the ordinance just reestablishes a majority vote to approve the sale or lease of redevelopment agency property. S:\COUNClL~Admins~rdasaleordamend,doc 4/15/2003 4:15 PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Barf J. Thiltgen, City Attorney April 18, 2003 DEPARTMENT HEAD CITY A'n'ORNEY CITY MANAGER Ordinance amending Bakersfield Municipal Code Chapter 5.32 relating to Massage Establishments RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: During the Public Statements portion of the City Council meeting of April 9, 2003, several members of the massage industry voiced their opposition to the proposed massage ordinance which would be considered for first reading on that evening's agenda. The primary objection was the prohibition of all "off- premises private" massage/bodywork services. Staff was directed to again meet with the industry and bring back to the Council a revised proposed ordinance which would allow for "off-premises private" massage/bodywork services with the requirement for an authorization by a medical practitioner. Staff met with the massage industry on April 14, 2003, and arrived at an agreement for the appropriate language to allow such services. Section 5.32.130 has been modified accordingly. Procedurally, since all Massage/Bodywork Establishments must keep a record (a log) of each massage/bodywork performed, which log is subject to inspection by the Police Deparfment, this log will be the basis for the Police Department to ensure compliance with the practitioner's requirement to see the authorization from a medical practitioner prior to performing the "off-premises private" massage/bodywork service. BJT:dll S:\COU N CIL~Ad rn[ns~vlassag eOrdinance Revision.doc April I8, 2003 - 1:49 PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks April 18, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ Amendment to Chapter 12.40 of the Bakersfield Municipal Code regarding Street Trees requiring permits for commercial tree contractors performing work or maintenance of trees in the public right away. RECOMMENDATION: The Urban Development Committee recommends first reading of the ordinance. BACKGROUND: The Urban Development Committee was asked to review the City's tree ordinance for the maintenance and removal of trees within the public right of way. The committee discussed different alternatives which would improve the city's ability to make sure tree maintenance work being done by private contractors within the public right of way was done in a safe and professional manner. One alternative discussed was to require commercial tree contractors to obtain an annual permit for tree work within the public right of way. This permit process would include educational components providing information and requirements for city tree maintenance methods and standards to those performing work in city right of ways. It was also discussed that the current ordinance placed responsibility for street trees with the Public Works Director, however, in practice the Urban Forester under direction of the Director of Recreation and Parks is currently performing this work. Staff prepared draft changes to the proposed ordinance which include the permit requirement and a change regarding jurisdiction and oversight within the ordinance from the Public Works Director to the Director of Recreation and Parks or his designee to reflect current responsibilities. Staff then conducted a public meeting on November 12, 2002 at which thirty-two (32) local tree companies were invited to discuss the proposed changes and requirements in the ordinance. The meeting had a very Iow turn out with one (1) tree operator of those notified attending the meeting. Staff received no additional comments from those notified regarding the proposed changes to the ordinance. The Bakersfield Tree Foundation is in support of the proposed changes to the ordinance. The Urban Development Committee met and discussed the draft ordinance at its April 7, 2003 meeting and recommends Council approve the proposed ordinance change. ~,pri118, 2003.11:11AM :\Documents and Settings\aabe\Local Settings\Temp\Tree Ordiance Change--4-03 doc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 IAGENDA SECTION: Consent ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning April 10, 2003 DEPARTMENT CITY ATI'ORNEY~ CITY MANAGER SUBJECT: An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-20 from A-20A (Agriculture- 20 acre minimum lot size) to R-1 (One Family Dwelling) zone on 40.88 acres located at the southeast corner of Pacheco Road and Old River Road.(ZC 03-0016). (Ward 5) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of this ordinance was conducted on April 9, 2003. The Planning Commission recommended approval of the requested zone change on March 6, 2003. This zone change would permit subdivision development for single family residences on the site. The applicant has agreed to all conditions and mitigation for the project. Although zoned for agriculture, the site has not been in agricultural use for several years. No Williamson Act contract exists on the subject property. The site is surrounded on three sides with proposed and existing urban residential development. The proposed zone change brings the property into consistency with the Low Density Residential General Plan designation. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on February 12, 2003, in accordance with CEQA. No one spoke in opposition to the proposed zone change at the public hearing. LP Admin~apA4-9-O016 MEETING DATE: ADMINISTRATIVE REPORT April 30, 2003 AGENDA SECTION: Consent ITEM: ~.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and Gib/Council Development Services - Planning April 7, 2003 ~VED DEPARTMENT H/E'AD~ CITY ATtO R N'N~.___~ CITY MANAGER ~ An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-09 from R-3 (Limited Multiple Family Dwelling) to R-3 (Limited Multiple Family Dwelling) zone with a CH (Church) overlay on 2.71 acres located at 3200 Gosford Road; northeast corner of Gosford Road and South Laurelglen Blvd. (ZC 03-0017). (Ward 5). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of this ordinance was conducted on April 9, 2003. The Planning Commission recommended approval of this requested zone change on March 6, 2003. The request is to change the zoning from R-3 (Limited Multiple Family Dwelling) to R-3 CH (Limited Multiple Family Dwelling-Church Overlay). The site is an existing church located on a 2.71 acre parcel. The site contains a 5,570 square foot sanctuary with seating for 299 people. In addition to the classroom buildings, there is a 4,948 square foot multi-purpose building on-site. Approximately 112 off-street parking spaces are provided on-site. The reason for the request for the CH overlay is to allow the church congregation to construct buildings as the needs of the church dictate without being subject to the one year expiration limitation of conditional permits. The CH overlay would allow construction of additional church buildings (such as an administration building, sanctuaries and Sunday school classrooms) and allow other church related activities such as unlighted playfields by right. The CH overlay would not permit uses such as child care facilities and private schools by right. Building height, distance between buildings and yard setback requirements would remain the same as for the R-3 zone (BMC 17.36.030 B). Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on February 12, 2003, in accordance with CEQA. No one spoke in opposition to the proposed zone change at the Planning Commission hearing. ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar TEM: ~. [. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 11, 2003 APPROVED DEPARTMENT HEAD /~- ~;.. ~ CITY ATTORNEY ~'~ CITY MANAGER ~ Resolution of Intention No. 1292 to add territory, Area 1-36 (Reina, Allen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6061 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 1-36 is generally bounded by a line ¼ mile north of Reina Road on the north, a line ¼ mile east of Allen Road on the east, Reina Road on the south and Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. Lvd ~pdl 7, 2003, 4:42PM S:\PROJ ECTS\MAIN DIST~,DMINRPT~MD 1-36Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'.j. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 11, 2003 APPROVED DEPARTME,T.EAD o,-, ATTORNEY " CITY MANAGER ~ SUBJECT: Resolution of Intention No. 1295 to add territory, Area 3-20 (Buena Vista, Panama Lane NE) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6104, be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 3-20 (Buena Vista, Panama NE), to the Consolidated Maintenance District. Area 3-20 is generally bounded by Harris Raod on the north, Mountain Vista Drive on the east, Panama Lane on the south, and Buena Vista Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ivd /~ril 8, 2003, 2:48PM S:\PROJECTS\MAINDIST~ADMINRPT~MD3-20Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Cale'ndar I ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 11, 2003 APPROVED DEPARTMENT HEA~ c,Ty ATTORN CITY MANAGER Resolution of Intention No. 1294 to add territory, Area 1-37 (Jewetta, Noriega, NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6146 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 1-37 is generally bounded by a line ¼ mile north of Noriega Road on the north, Jewetta Avenue on the east, Noriega Road on the south a line 3/8 of a mile west of Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision maps. A copy of the covenant is attached for reference. Lvd A~dl 7', 2003, 4:15PM S:\PROJ E CTS\MAINDIST~ADMIN RPT~MD 1-37Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. J, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 15, 2003 APPROVED DEPARTMENT HEA~/~~_ CITY ATTORN CITY MANAGER Assessment District No. 03-1, (Brighton Place/Silver Creek II) 1. Resolution Approving Boundary Map 2. Resolution of Intention 1296. 3. Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto and Execution Thereof. 0Nard 4 & 6) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district and were approved by Council on March 26, 2003. The Resolution Approving the Acquisition and Disclosure Agreement references an agreement between the City and the property owners for improvements within the boundaries of Assessment District No. 03-1. The proposed district has two distinct subareas as follows: Bri.qhton Place: This subarea is located south of the Kern River Freeway alignment, west of Calloway Road, north of Stockdale Hwy, east of Allen Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon completion. The improvements include roadway improvements to Calloway Drive, Jewetta Avenue and Rio Bravo Canal Relocation together with curb, gutter, sidewalks, street lights, block wall and water line improvements. Silver Creek I1: This subarea is located south of Harris Road, west of Reliance Drive and west of Ashe Road, north of Panama Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the Developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon completion. The improvements include, roadway improvements to the west side of Ashe Road and Panama Lane together with curbs, gutters, sidewalk, street lights and block walls. April 16, 2003, 11:05AM G:\GROUPDA'i'~A DMINRPT~2003~04-30~AD03-1 roi.doc.dot ADMINISTRATIVE REPORT Jas The primary motive for combining two subareas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the property owners. It is intended to provide financing for all improvements in a single bond issue. Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the Preliminary Engineer's Report and a formal Boundary Map. ,~pd116, 2003, 11:05AM G:\GROUPDATV~DMIN RPT~2003\04-30~AD03-1 roi.doc.dot ADMINISTRATIVE REPORT MEETING DATE: Apdl 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director Apd115, 2003 AP.P_ROVED DEPARTMENT HEAD Resolution Ordering the Summary Vacation of Camino Grande Ddve in the buffer area on the west side of the County of Kem's China Grade Sanitary Landfill site. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The County has acquired a 40 acre parcel of land on the west side of the closed China Grade landfill site. The parcel is part of the buffer area surrounding the old County landfill. Camino Grande Drive is the dedicated public road (City) that accesses the old landfill from Alfred Harrell Highway, through the 40 acre parcel. The County requests vacation of Camino Grande Drive within their 40 acre parcel so it can be converted to private road status. Upon completion of the vacation, the County plans to secure the entire landfill buffer area with fencing with a gate on the west boundary line at Camino Grande Drive. The portion of Camino Grande Drive within the original landfill site has always been a private County road. City and County staffs and representatives of the cogeneration plan have had pervious meetings on the proposed vacation. The group agreed that gates would be installed at the east and west ends of the pdvate road portion of Camino Grande Ddve for access control. The groups also agreed that an easement for City bike path purposes would be reserved over the vacated roadway. The interested parties understand that a bike path will run along the alignment of Camino Grande Ddve, and they are not opposed to it. City Fire Safety Services previously noted that adequate fire emergency access must be retained along Camino Grande Drive between Alfred Harrell Highway and the Paladino Drive area. A fire access easement will be reserved within the vacated roadway. The utility companies serving the area have been notified by mail and none have indicated having any facilities in the vacating area. Public Works is proposing the vacating by the summary process pursuant to Streets and Highways Code Section 8334 relating to excess public roadway. The City Planning Commission at its meeting of March 6, 2003, heard the proposal and found the abandonment to be consistent with the Metropolitan Bakersfield 2010 General Plan. Apd123, 2003, 3:22PM O:\GROUPDAT~ADMINRPT~003\O4-30\Camino Grande Vac Admin.dot ADMINISTRATIVE REPORT This item is very similar to another Vacation of Camino Grande Drive that occurs later as a public hearing. The difference is this Vacation is for the portion of Camino Grande west of the old County landfill site, while the item in Public Hearings is for Vacation of a section of the road east of the landfill. This item is on Consent because adjacent property owners affected by the street Vacation are all in favor of the action. The other item is a Public Hearing because some adjacent property owners are impacted by the Vacation and must be notified of the action and have opportunity to comment. Apdl 23, 2003, 3:22PM G:\GROUPDA'F~ADMINRPTt2003\C4.3~3\Camino Grande Vac Admin.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 11, 2003 APPROVED DEPARTMENT HEAD ~'~_ c,w ATTOR. ' ' ClTY MANAGER~ 1200 Eureka Street and 1133 18th Street, Sidewalk Construction. 0Nard 2) 1. Resolution authorizing the Pubic Works Director to construct sidewalks at 1200 Eureka Street and 1133 E. 18"' Street, confirming assessments and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreements with property owners to pay sidewalk construction costs in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of the Resolution and Agreements. BACKGROUND: The owners of the properties at 1200 Eureka Street and 1133 E 18th Street have requested the City to construct sidewalks at their properties. They claim that to pay the construction cost in one payment would produce an economic hardship. 1. This resolution confirms the assessments and authorizes the Kern County Tax Collector to collect the sidewalk construction costs in three equal payments over the next three years. 2. To assist in paying the sidewalk construction costs the City has contracted with the property owners to spread the construction costs over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 12.36,025. Ivd Apd116, 2003, 1:28PM S:\PROJ ECTS\Sidewalkconstr~Admin\E ureka 18th.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent ITEM ~.o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building Apdl 16, 2003 DEPARTMENT HEAD ///~_RQVED CITY ATTORNEY,~ CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1 & 2) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment headng was held on April 14, 2003, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 100 Clyde Street 018-340-12 $ 310.00 2. 141 Clyde Street 018-390-24 $ 290.00 3. 231 Clyde Street 018-380-19 $ 260.00 4. 3328 Lotus Lane 172-092-40 $ 1,889.00 5. 3400 Lotus Lane 172-092-39 $ 589.00 6. 10 Milham Drive 139-431-08 $ 244.00 7. 16 Milham Drive 139-431-07 $ 264.00 8. 903 Watts Ddve 170-142-04 $ 1,294.00 9. 1404E. 9th Street 018-061-29 $ 539.00 10. 1408 E. 9th Street 018-061-30 $ 339.00 Apd116, 2003, 10:10AM P:~apr30bll .doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION Ward 2/Councilmember Benham 11. 1323 E. 19"~ Street APN COST 017-200-06 $ 280.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the headng on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work per[ormed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. APR30B1.HRG April 16, 2003, 10:10AM P:~apr30bll .doc MEETING DATE: April 30, 2003 ADMINISTRATIVE REPORT AGENDA SECTION: Consent iTEM: ~.,p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning April 7, 2003 DEPARTMENT CITY ATrORN~'~ CITY MANAGER A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 448 located at the southeast corner of Downing Road and Coffee Road. 0Nard 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 448 to the City of Bakersfield. The proposed annexation consists of approximately 10 acres of uninhabited land located at the southeast corner of Downing Road and Coffee Road. The property owner near Coffee and Downing Roads has consented to annexation and wishes to develop and receive city services. The site has frontage along Coffee Road and the City wishes to expand Coffee Road to it fullest width in exchange for dedication and annexation of the site. The city has expanded the territory to provide for a more logical boundary. LAFCO will hold a public hearing for this annexation. MO:pit p:admin',apr~4-30-448 ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~1' TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 10, 2003 Tract Maps and Improvement Agreements APPROVED DEPARTMENT HEAD.~=~'~ CITY ATTORNEY V~~i~ CITY MANAGER~ Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6125 Phase 2 located north of Hosking Avenue and west of Akers Road. 0Nard 7) Final Map and Improvement Agreements with Centex Homes for Tract 6104 Unit I located east of Buena Vista Road and south of Harris Road. (VVard 5) Final Map and Improvement Agreements with Centex Homes for Tract 6104 Unit 5 located east of Buena Vista Road and north of Panama Lane. 0Nard 5) Final Map and Improvement Agreements with Bakersfield Land Development, LLC, for Tract 6061 Phase 1 located east of Allen Road and north of Reina Road. 0Nard 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. td Apd110, 2003, 4:01PM G:\GROUPDAT~ADMINRPT~2003\04-30~MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~.r,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 15, 2003 APPROVED DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER Soundwall along the northbound off-ramp from SR99 to the White Lane interchange (Ward 7): 1. Approve Contribution Agreement with Department of Transportation for the construction of the soundwall. 2. Appropriate $737,500 State Transportation Improvement Program Funds to the Capital Improvement Program within the ISTEA Fund. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: The City of Bakersfield is currently pursuing a bridge widening and ramp improvement project on White Lane at SR99. As mitigation measures for the project, a soundwall along the northbound off-ramp near the Smoke Tree Mobile Home Park shall be constructed. The City applied for and received State Transportation Improvement Program funding to construct the soundwall. The Department of Transportation desires to enter into a Contribution Agreement with the City for which the Department of Transportation will allocate the $737,500 to the City for the construction of the soundwall. The soundwall will be incorporated with the City's bridge widening and ramp improvement project. ~pri116, 2003, 7:56AM G:\GROUPOAT~ADMINRP'F~003\04-30\SoundWalI_SR99@White_Caltrans.doC Engr DC ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: April 9, 2003 CITY ATrORNEY~ CITY MANAGER SUBJECT: APPROVED Amendment No. 1 ($600,000 increase for a total compensation of $1,800,000) to Agreement 02-258 with Granite Construction Company to furnish Street Materials for the Street Division. (All Wards) RECOMMENDATION: Staff recommends approval of the amendment to agreement. BACKGROUND: The annual contract amount for Street Materials is exhausted due to the accelerated street resurfacing/reconstruction program that was performed during the 2002 resurfacing season. The annual contract, Agreement No. 02-258, with Granite Construction Company expires September 17, 2003. This amendment adds $600,000 to the total compensation amount, bringing the total contract amount to $1,800,000 Staff recommends increasing the annual contract to pay for street material that is needed on projects that are currently in progress and for pending scheduled resurfacing projects. Staff estimates that the amount requested is sufficient to cover cost for the remaining period of the annual street material contract. No additional appropriation of funding is required. A~I 9, 2003, 2:19PM PW_Streets G:\GR U P DAT~STR E ET~GRANITE ANNUAL STREET MATERLAL CONTRACT ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 Consent Calendar AGENDA SECTION: ITEM: S.,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager April 3, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Contract Change Order No. 2 to Agreement No. 02-302 with C. W. Neal Corporation, ($9,947.56 for a total contract amount of $621,832.29) on the "Northeast Bakersfield Water Supply Reservoir Phase 2 - Liner Installation" for the Water Resources Department. (Ward No. 3) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project is the next phase of the Northeast Bakersfield Water Supply project to provide drinking water to the northeast portions of the City. The earthen reservoirs have been constructed on 18 acres of land south of the Kern River, located between the California Living Museum and the Kern Soccer Complex. This contract construction phase is to install a waterproof liner in the reservoirs to seal from leakage and to provide erosion and weed control around the interior of the ponds. This contract also includes concrete curbing, road base material and security fencing. The reservoirs connect to the existing intake structure and pumping station from the Kern River, provide water storage for the drinking water treatment plant (under construction) and will be the delivery point for irrigation water service to Hart Park and the Kern Soccer Complex. Additional formed concrete curbing, compacted Class II aggregate road base and perimeter fencing are required over the quantities estimated in the contract· This is due to the estimated quantities were set prior to earth modifications to the eastern end of the reservoirs that resulted in slightly larger reservoirs. Also, the relocation of terminal fence posts is needed to match the alignment of the existing fencing at the adjacent pump station. The total for these changes is $9,947.56. Funds are available in the current budget. FC:bz ~,pril 3, 2003, 11:37AM S:~003 ADMIN RPTS~APR30WT1CC.CCO.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 14, 2003 APPROVED DEPARTMENT HEAD ~J CITY ATrORNEY~ Wastewater Treatment Plant 3, Best Practicable Treatment and Control (BPTC) Project 0Nard 6): 1. Award Consultant Contract with Carollo Engineers (not to exceed $162,500). 2. Transfer $162,500 of current Capital Improvement Project appropriations to fund the BPTC Project within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends approval of contract and transfer. BACKGROUND: In May, 2001, the California Regional Water Quality Control Board (CRWQCB) issued a new permit to the City of Bakersfield for the operation of Wastewater Treatment Plant 3. This new permit requires that the City perform a "Systematic and comprehensive technical evaluation of each component of the Plant's waste treatment and control to determine, for each waste constituent, best practicable treatment and control" (BPTC). Within the last year, city staff has negotiated a work-plan with CRWQCB staff. The purpose of the BPTC project is to evaluate the treatment processes at Plant 3 and determine if the groundwater beneath the plant, storage lagoons and farm are being impacted by waste constituents in the treated effluent. The project will take approximately 3 years to complete. The agreement with Carollo will get the project moving with a consti.tuent of concern (COC) study and a groundwater study. The COC study will involve research and testing to develop a list of chemical and biological pollutants (constituents of concern) that have the potential to degrade the groundwater. This phase of the project is the most complex because the CRWQCB wants the City to evaluate every regulated COC (approximately 150) and make a reasoned argument that these COCs can or cannot impact the groundwater. The purpose of this study is to narrow the COC list down to a short-list of COCs that will be the focus of subsequent work. After the COC study has been completed, the city will perform a groundwater study to evaluate the potential impacts that the short-listed COCs can have on the groundwater beneath Plant 3, the farm and effluent storage lagoons. Most of this work will be done by a groundwater consultant under the direction of Carollo Engineers. The purpose of this study will be to establish groundwater limits for the short-listed COCs and derive ceiling limits for the wastewater plant effluent. The Carollo Agreement: Carollo Engineers will prepare the workplan for the COC study, coordinate the COC field testing, research existing literature, and compile the results into a COC report that can be submitted to the CRWQCB. Although the groundwater study will be performed by a groundwater specialist, Carollo will provide project management during the groundwater study. Several engineering firms were interviewed for this project and Carollo Engineers was found to be the most qualified. Carollo is currently performing this work for the Cities of Hanford, Fresno and Porterville. April 15, 2003, 2:46PM G:\GROUPDAT~ADMINRP'i-~2003~4-30\W~VTP 3 - BPTC Study.doc ADMINISTRATIVE REPORT Funding: Staff proposes funding this Agreement with a transfer of budgeted funds from one Capital Improvement Project (Expansion of Trickling Filter #3). This Trickling Filter project will be part of a future, larger scale project. The project budget is approximately $462,000. The Carollo Agreement will cover portions of the work but additional experts and services will be required to address all the issues required by the CRWQCB. Staff will be bringing additional agreements before the Council in the future for other services associated with this project. As these agreements are brought to Council, the project budget will be amended. City Staff has spent a year working with the CRWQCB to narrow the scope of this study to keep the costs down. Staff will continue to work towards containing the costs, but it is important to point out the benefits of this Study. This research and analysis will equip the City with the knowledge and confidence that Plant 3 is not polluting the groundwater which is our primary drinking water supply. Apd115, 2003, 2:46PM G:\GROUPDA'r~ADMINRPT~003~D4-30\WWTP 3 - BPTC Study.doc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~', ~/. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney April 16, 2003 DEPARTMENT HEAD CITY A'rrORNEY CiTY MANAGER Agreement with LexisNexis for On-Line Research Services. APPROVED RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In light of the City's budgetary situation, the City Attorney's office began to seek ways to reduce its legal research expenditures. The office has been contracting with West Group for on-line legal research services, as they were the only company providing accurate legal research capabilities via the internet. LexisNexis now provides such on-line research service at a price much more competitive than West's. West's base monthly charge for 7 attorneys and no support staff access was $683.00 per month. LexisNexis monthly charge for the same access for 8 attorneys and 5 support staff is $475.00 per month. Under this agreement, the attorney's office will receive access to all California cases, statutes, administrative regulations, United States Supreme Court cases, federal statutes and regulations, all 9th circuit federal cases, Witkin legal treatises, the California Attorney General opinions, and several other specialized forms and research books. By having access to this information on-line, we are able to cancel hardbound book subscriptions and save a considerable amount of money. Additionally, the City now will have on-line access to many public records databases that are not available to the general public. Access to these records will save time and money that used to be spent on investigations. By adding access to other books and databases to the package, the monthly charge will be $975.00. But, by being able to cancel book subscriptions and receiving discounts on others, the overall savings achieved by entering into this contract will be at least $8,000 per year, or about 25% of the current year's budget for research/publications. S:\COUNClL~Admins~exisnex[s.doc 4/16/2003 1:28 PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 17, 2003 APPROVED DEPARTMENT HEAD ~ ~! // 'F~f ~,.,---- c Ty CITY MANAGER North Chester Avenue South Bound Bddge Replacement 0Nard 2): 1. Approve Amendment No. 4 to Agreement No. 97-346 with W. Koo & Associates, Inc. (Consultant) to increase compensation to Consultant by $42,424 (for a revised total contract amount of $823,698). 2. Appropriate $42,500 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of Amendment and appropriation. BACKGROUND: On December 17, 1997, the City and the Consultant entered into Agreement No. 97- 346 for the preparation of plans, specifications and estimates for seismic retrofit of 6 City owned bddges, one being the design of the North Chester Avenue South Bound Bridge. During the preliminary design process, Caltrans agreed that it would be more cost effective to replace the bridge instead of seismically retrofitting it. But the seismic program only allows the existing two lanes to be replaced, which the consultant began to design. During the design process, the Consultant found that modification to the pier walls and foundations would allow the City to construct a third lane in each direction in the future. Chester Avenue is classified as an arterial and will ultimately require three lanes in each direction. Constructing the foundation work for the entire bddge with the replacement project will result in significant future savings when the bridge is widened. On April 12, 2003, the Consultant submitted a fee proposal of $42,424 for the change in design of the Chester Avenue bridge replacement in order to accommodate the future expansion of adding a third lane in each direction. Staff considers the proposal to be acceptable. Apd117, 2003, 10:38AM G:',GROUPOAT~ADMINRPT~2003\04-30~AdmRpt-Amend_4-N Chester I]rdg_W Koo.doc Engr DC ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~."X.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 11,2003 APPROVED DEPARTMENTHEAD ~'~'~ ~ CITY ATTORNEY,~! CITY MANAGER Contract Change Order No. 2 to Agreement No. 02-307 with Granite Construction Company for $14,581.50 (for a revised total contract amount of $708,894.47) for the project known as Realignment of Comanche Drive at SR 178 and Installation of Traffic Signal, Lighting and Flashing Beacons System at Comanche Drive, SR 178 and Alfred Harrell Highway. (Ward 3) RECOMMENDATION: Staff recommends approval of Contract Change Order BACKGROUND: Prior to construction starting on this project, it was discovered that two parallel underground PG&E electrical transmission lines located in the new Comanche Road alignment need to be lowered in order to construct the new Comanche Road. This facility falls outside of the franchise area and as such will need to be lowered at the expense of the City of Bakersfield. PG&E cannot schedule this work for several weeks; however, PG&E will allow the City's contractor, Granite Construction, to lower this facility under their direction. Granite Construction has agreed to do this work for the lump sum price of $14,581.50. Granite Construction can begin the work immediately thereby accelerating the construction of this project. This Change Order is proposed to be funded entirely by Traffic Impact Fee revenue. (tm) April 17, 2003, 10:12AM ~:\GROUPDAT~DMINRPT~.003\04-30\CCO #2-Comanche & 178.doc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~.y.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 14, 2003 APPROVED CITY MANAGER / Relocation of the Friant-Kern Canal at the intersection of Olive Drive and Calloway Drive 0Nard 4): 1. Contract Change Order No. 3 to Agreement No. 02-334 with Vadnais Corporation for a credit of $131,048.57 (for a total contract amount of $3,457,306.79). 2. Appropriate $300,000 Traffic Impact Fee revenue to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation. BACKGROUND: During construction of the project known as the Relocation of the Friant-Kern Canal at the intersection of Olive Drive and Calloway Drive, several items of extra work and item adjustments were discovered as being needed to complete the project. These items are as follows: CHANGE ORDER The scope of work for dewatering the Friant-Kern canal was changed by the Friant Water Users Authority. Due to this change, Item #4 (Dewatering the Canal - $34,000.00) needs to be deleted and done on a time and materials basis. The contractor has agreed to do this changed scope of work for $55,085.63 for a net increase of $21,085.63. An additional 197 lineal feet of waterline must be installed in addition to the waterline authorized in Change Order No. 2. This addition is necessary in order to provide a looped tie in to the system. The need for the additional footage was discovered after construction of the element began. The contractor has agreed to install the additional waterline for the lump sum price of $15,692.06. 3. Due to revisions on the extension of Olive Drive, the new sump limits had to be modified. The contractor has agreed to perform these modifications for the lump sum price of $1,228.40. In order to provide for constructing Calloway Dr. and Olive Dr. to its full width, the contractor must provide a finished subgrade surface on Calloway Dr. and Olive Dr. The contractor has agreed to perform this work for the lump sum price of $3,358.82. .'April 17, 2003, 12:55PM G:\GROUPDAT~ADMINRPT'~2003\04-30\CCO 3 Friant Kern Canal.doc ADMINISTRATIVE REPORT During construction of the service roads, it was discovered that one additional ramp will be needed to accommodate the Canal company's equipment. The contractor has agreed to construct the additional ramp for the lump sum price of $440.94. After the footing forms on the west side of the canal had been set, it was discovered that an alignment error had occurred. The Contractor has agreed to redig and realign the footing forms for the lump sum price of $447.23. The construction of Calloway Dr. and Olive Dr. to its full width will require raising the new manholes to finish grade. In order for this to be accomplished, manhole cones, frames, and covers will need to be installed. The contractor has agreed to install these facilities for the lump sum price of $2,814.13. The construction of Calloway Dr. and Olive Dr. to its full width will require placement of future traffic signal conduit and irrigation conduit. The contractor has agreed to install these facilities for the lump sum price of $7,938.32. The developer of the tracts adjacent to the canal will be placing block wall in areas which call for chain link fencing on the canal plan. As a result, Item #19, Item #20, and item #21 can be deleted from the contract for a total savings of $29,340.00. A small amount of chain link fence relocation is necessary which the contractor has agreed to do for the lump sum price of $1,039.50. 10. The retaining wall called for on the plan was found to be unnecessary after construction of the canal began. As such Item # 18 of the contract can be deleted for a savings of $56,100.00. 11. The canal underdrains called for on the plan was found to be unnecessary after construction of the canal began. As such Item # 14 of the contract can be deleted for a savings of $80,000.00. 12. After construction began, it was determined that one of the 30 inch steel casings called for on the plan would not be needed for future utility crossings. As such, Item #27 can be deleted from the contract for a savings of $31,200.00. 13. Various items in the contract were either increased or decreased as needed to construct the culvert. These item adjustments are detailed in Change Order #3. ADDITIONAL APPROPRIATION While the intersection was closed, it was determined that additional work should be done to include the ultimate widening of the intersection. This involved additional curb, gutter, pavement and earth work that would have been budgeted in a subsequent fiscal year. As a result, additional expenses were incurred. Staff is proposing to pay for these expenses with an additional appropriation of $300,000. · pri117, 2003, 12:55PM G:\GROUPDAT~ADMINRPT'~2003\04-30\CCO 3 Friant Kern CanaLdoc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 I ITEM: '~, 7.., AGENDA SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 15, 2003 APPROVED DEPARTMENTHEAD0~'-~.,~, CITY ATTORNEY CITY MANAGER SUBJECT: Cooperative Agreement with the Department of Transportation for the construction of the widening of Rosedale Highway between State Route 99 and Gibson Street. (Ward 4) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City has been pursuing the widening of Rosedale Highway between State Route 99 (SR99) and Gibson Street cooperatively with the State Department of Transportation (Caltrans) for several years. The project has been designed by consultants hired by the City, and the project will be ready to go to bid shortly. Caltrans has agreed to contribute $400,000 to the widening project. Caltrans also has a resurfacing project currently under contract for Rosedale Highway between Allen Road and SR99 (which includes the widening area), and the City and Caltrans are jointly pursuing using Caltrans' resurfacing contractor to construct the widening improvements as a change order to Caltrans' current resurfacing contract. This would expedite the project construction, minimize inconvenience to the public, and should result in cost savings. If this proposal is successful, then the cooperative agreement will be revised and returned to the City Council for approval. April 18, 2003, 9:12AM G:~GROUPOAT~,DMINRP'rg2003~04-30~Rosedale Coop Agreement Admin.doc tdw ADMINISTRATIVE REPORT I MCO. lING DATE: April 30, 2003 I AGENDA SECTION: Consent Calendar I ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Dire~or April18,2003 DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER Amendment No. 1 to Agreement No. 02-108 with Kern County Superintendent of Schools (KCSOS) for $370,000 - FY 2000 EDI Special Projects Grant funds. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: On April 24, 2002, Council entered into a subrecipient agreement with KCSOS using HUD FY 2000 EDI - Special Projects funding for acquisition/construction of an educational facility at 1515 Feliz Drive (Claude W. Richardson Child Development Center school site). KCSOS owns and operates the site, and is developing a multi-phased Mobility Opportunities via Education ("MOVE") project. In addition to the EDI grant of $370,000, KCSOS's contribution to Phase I of this project is about $140,000 for a total project cost estimate of $510,000. The MOVE program began as a service of KCSOS and has achieved a national level of success for assisting persons with disabilities throughout the United States. Using a curriculum that includes specially designed equipment, MOVE teaches mobility to people (adults and children) that experts believed would remain immobile their entire lives. With increased abilities to sit, stand and walk, MOVE decreases the burden of care for families and other care providers and brings new opportunities for fuller participation and involvement in family life and for integration and inclusion in the wider community. EDI grant funds are earmarked to pay costs for a 3600 sq. ft. modular building with classrooms, parking facilities, and related site improvements. KCSOS intended to complete Phase I by September, 2002. Due to unforeseen utility relocations, the construction has been delayed and the revised timeline expects project completion and activity close-out by no later than October, 2003. The proposed amendment has no fiscal impact. S:~,drnins\City Council~MOVE Amend.doc 4/18/2003 12:13 PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA TEM: ~. bb. SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 16, 2003 APPROVED DEPARTMENT HEAD ~ '~ ~ CITY ATTORNEY -~'~ CITY MANAGER /(~ Consultant's Agreement with Luster National, Inc., ($264,972.26) to provide project management services for the Westside Parkway project. (Wards 4 and 5) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: A qualifications based selection process was conducted by a committee consisting of City, County, Kern Council of Governments, and Caltrans staff to select a consultant to supply project management and construction management services for the Westside Parkway project. Two responses were received and both teams (consisting of a prime firm with several support firms) were interviewed. Funding for this contract will be from the Federal funds allocated by the California Transportation Commission last year for the Westside Parkway project and that aro included in the 2002-03 Capital Improvement Program Budget. When selecting consultants for a contract utilizing Federal funds, the consultant must either meet the Disadvantaged Business Enterprise (DBE) goals of the City of Bakersfield for the contract or prove they made a good faith effort at recruiting DBE sub-consultants to supply services to the project. After completion of the interviews and review of the submittals, it was determined that the Atkins Americas, Inc. team did not meet the DBE goal specified by the City nor did they submit proof that they pursued DBE sub-consultants for the work. Therefore, the Atkins Americas, inc. team submittal was found to be non-responsive and could not be considered. The other team was headed by Luster National, Inc. Luster is a certified DBE and thus their submittal met the City's DBE goal. Also, Luster was hired by the City last year on an interim basis to provide project management services until a new contract using Federal funds could be completed. Luster has been performing well during this interim period. Caltrans has performed a pro-award audit of Luster National, Inc., and this contract and has found both to be satisfactory. .~l~'i117, 2003.2:20PM G:\GROUPDAT~ADMINRPT~2003\04-30\Luster Westside Parkway Agreement.doc tdw ADMINISTRATIVE REPORT MEETING DATE: Apdl 30, 2003 AGENDA SECTION: Consent Calendar ITEM: '~, C.C. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 22, 2003 CITY ATTORNEY.~/'/~ - CITY MANAGER SUBJECT: 1. 2. Approval of SMG Agreement. Approval of Aramark Agreement. RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: In January 1998, the City of Bakersfield entered into Agreement No. 98-16 with Ogden Entertainment (Ogden"). Under Agreement No. 98-16, Ogden managed Centennial Garden and the Convention Center and provided the concession services. In March 2000, Ogden was purchased by Aramark Entertainment ('Aramark"). On September 13, 2000, City Council approved Aramark's Assignment and Assumption of Agreement No. 98-16 (herein "Management Services Contract") to SMG, a Pennsylvania general partnership, owned jointly by Hyatt Hotels and Aramark. Since that time, SMG assumed all rights and obligations under Agreement No. 98-16, and has been managing Centennial Garden and the Convention Center. In the original Management Services Contract, catering/concession services were performed by the Manager. SMG no longer provides catering/concession services as a result of the corporate sale. This service is provided by Aramark. Therefore, Staff thought it prudent to revise the Management Services Contract to clearly delineate the obligations and responsibilities of management services and catering/concession services. This required a clean-up of the original Management Services Contract. In "cleaning-up" the Agreement, our focus was to eliminate "old language" from the original contract (primarily having to do with "opening day" obligations), to combine the several amendments to the original contract in an effort to make the management services contract user fdendly and a true reflection of current practice, and to eliminate the catering/concession responsibility from SMG and to put the articulation of what they save us each year into positive that is savings, rather than negative that is "deficit reduction" term. In addition, the proposed contract adds the management responsibility of the new Ice Rink to SMG's list of obligations. The contract specifies the terms of this additional obligation and ADMINISTRATIVE REPORT. acknowledges that SMG will subcontract with Ice Specialty Entertainment for the day-to-day operations of the Ica Rink. Other than theses changes, there are no major differencas between the original Management Servicas Contract and the attached proposed Management Servicas Contract. None of financial terms with SMG are being modified. Finally, Staff negotiated a separate agreement with Aramark for caatering/concassion servicas at Centennial Garden. This agreement is also attached for Council review and approval. In general, it allows Aramark to continue providing caatedng/concassion servicas within the Arer~a under the management of SMG. The contract is for a term of five years and has a concurrent termination date with the Management Servicas Contract of 2008. AJso, Staff re-negotiated some of the financial terms of Aramark's. The end result is that the City will recaive an additional $60,000 over a five-year period in comparison to the past five years. Both contracts need to be acted on together. VG:alJ:lsc A~3ri122, 2003, 11:40AM S:~COUNCIL~lmins~SMG-AramarkContracLdoc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~ .(id. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager April 11, 2003 DEPARTMENT HEAD ~o~,PROVED CITY A'I-rORNEY ~ CITY MANAGER Accept bid of $708,768.00 and award contract to Whitten Pumps, Incorporated for "Drilling, casing and pump testing four (4) gravel envelope water wells - Stations CBK-44, L-209, L- 210, L-211" for the Water Resources Department, (VVard Number 4) RECOMMENDATION: Staff recommends accept bid and award contract. BACKGROUND: This water well drilling project is the first phase to complete four (4) additional domestic water wells within the City owned Ashe Water System. Station CBK-44 is located on lot 25 of Tract 5882 east of Allen Road and south of Brimhall Road. Station L-209 is located on lots 8 & 9 of Tract 5993 phase 4 south of Snow Road and west of Calloway Road. Station L-210 is located on lot 65 of Tract 6077 south of the new Olive Drive alignment and west of Calloway Road. Station L-211 is located on lot 44 of Tract 6056 north of Reina Road and east of Jewetta Avenue. All of these new well sites will help to serve the expanding developments within the Ashe Water System. Five bids were received on April 11, 2003 for this project. The results are as follows: Whitten Pumps, Incorporated 502 County Line Road Delano CA 93215 (County) ................................................. in the amount of: $708,768.00 Farm Pump and Irrigation Box 1477, 535 North Shafter Avenue Shafter CA 93263 (County) ................................................ in the amount of: $714,548.00 Bakersfield Well and Pump Company 7212 Fruitvale Avenue Bakersfield CA 93308 ........................................................... in the amount of: $843,412.00 Layne Christensen Company 11001 Etiwanda Avenue Fontana CA 92337 (Out of County) ....................................... in the amount of: $913,813.00 Beylik Drilling Incorporated 555 South Harbor Blvd. La Habra CA 90631 (Out of County) ....................................... in the amount of: $985,000.00 SC/APR30WT2CC. 4/14/20033:40PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 16, 2003 APPROVED SUBJECT: Accept bid from Jim Burke Ford $30,722.35 for one full size pickup cab and chassis, 19,000 GVW, to be used as a service truck at the Greenwaste facility. (additional) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Two (2) bids were opened November 15, 2002, as follows: Jim Burke Ford 2001 Oak Street Bakersfield, CA 93301 in the amount of Coalinga Motors, Incorporated 625 East Elm Street Coalinga, CA 93210 in the amount of $30,722.35 $32,171.78 Purchasing Division DW:ijrn ~..'~ADMIN~003 ADMIN',C03_0430_C_Full Size Pickup - Cab & Chassis.doc April 17, 2003, 1:12PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ;.¢¢. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 17, 2003 APPROVED DEPARTMENT HEAD:~___ CITY ATFORN L~~ CITY MANAGER Accept bid from Morbark, Incorporated $534,963.00, for one (1) Portable Tub Grinder for the Woodwaste Division of Public Works. (replacement) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to twelve (12) vendors. Three (3) bids were opened on March 28, 2003, however, only one (1) meets the minimum specifications. Morbark, Incorporated 8507 South Winn Road Winn, MI 48896 in the amount of $534,963.00 Purchasing Division DW:ljm ~?.DMIN~003 ADMIN~C03_0430_D_Portable Tub Grinder. doc April 17, 2003, 1:13PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: <~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 17, 2003 APPROVED DEPARTME.T.EAD CITY MANAGER Accept bid to award contract to Elite Landscaping, Inc. ($400,3~) to construct Baker Street Streetscape Proje~ ~ard 2). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The Economic and Community Development Department and the Old Town Kern Association are working towards rehabilitating this commercial and mixed use district. The first rehabilitation phase proposed is the beautification of Baker Street from north of the Union Pacific tracks to Niles Street. This project is funded through a federal economic development grant. The project will include the installation of new decorative street lights, trees and irrigation system in the existing sidewalks. The project also includes installation of above-ground decorative planter pots adjacent to existing basements. Three acceptable bids were received on April 3, 2003 as follows: Elite Landscaping, Inc. 2972 Larkin Ave. Clovis, CA 93612 (Out of town) In the amount of $400,390.00 JTS Construction 7001 McDivitt Drive #B Bakersfield, CA 93313 (City) In the amount of $461,623.50 Braun Electric Company 3012 Sillect Avenue, Suite B Bakersfield, CA 93308 (City) In the amount of $536,682.14 Wgm-Public Works/Design Engineering April 17, 2003, 10:IOAM G:\GROUPDAT~ADMINRP'r~2.003\04-30\Baker Street Streetscape.dot ADMINISTRATIVE REPORT MEETING DATE: May 14, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. K I~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 17, 2003 APPROVED DEPARTMENT HEAD~~__~~ CITY ATTORN EY~;;;~ CITY MANAGER Accept bid to award contract to A.C. Electric for $61,347 for Traffic Signal and Lighting Installations at Buena Vista Road at Deer Peak Drive. 0Nard 4) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of installing traffic signal, lighting systems, pavement markings and signage at the intersection of Buena Vista Road at Deer Peak Drive. The project is budgeted within the current fiscal year. The project is funded with a $98,000 Developer Contribution and Traffic Impact Fee revenue. On April 16, 2003, two acceptable bids were received as follows: A C Electric Company 315 30TM Street Bakersfield CA 93303 (City) in the amount of $61,347.00 Loop Electric 1516 E 19~h Street Bakersfield CA 93305 (City) in the amount of $67,995.50 G:\GROUPDA'P, ADMINRPT~2003\04-30\BV Deer Peak Traf Sig.dot Administrative Report MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: c&.; ~. TO: APPROVED FROM: DEPARTMENT HEAD__~'~/~ DATE: CITY ATTOR N Ey?~. ,,~/~''z''' CITY MANAGER //~_~ SUBJECT: Accept bid to award contract to Loop Electric ($38,025) for the installation of conduit/wire for streetlights on 17t~ Street between Q Street and Union Avenue. (Ward 2) Honorable Mayor and City Council Raul Rojas, Public Works Director April 16, 2003 RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: All streetlights on 17t" Street between Q Street and Union Avenue are currently inoperable due to damaged underground conduit and wiring. This job consists of installing new conduit and wiring to existing streetlights. In addition, twenty-nine (29) inoperable older style streetlights will be removed and stored at the City storage facility to be used for spare parts at park facilities. Five acceptable bids were received on Mamh 26, 2003 as follows: Loop Electric 1516 E. 19~" Street Bakersfield, CA 93305 In the amount of $38,025.0O MGE Underground Inc. 901 24th Street Paso Robles, CA 93447 In the amount of $52,640.00 P & G Communications, Inc 1220 N. Century Street Visalia, CA 93291 In the amount of $62,737.50 A-C Electric Company 315 30t" Street Bakersfield, CA 93301 In the amount of $68,650.00 Solid Construction, Inc 3413 Ginseng Drive Bakersfield, CA 93309 In the amount of $93,150.00 Eng. %c April 17, 2003, 1:20PM G:\GROUPDA'F~ADMINRPT'~.003~04-30\17TH ST.DOC ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 17, 2003 APPROVED DEPARTMENT HEAD~~ SUBJECT: Accept bid to award annual contract to Doyle Ellis LLC for Asphalt Rejuvenator/Sealant, not to exceed $400,000.00. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This product is used on city streets to rejuvenate and seal them for longer wear. This product is purchased in bulk from the manufacturer, Doyle Ellis LLC, and loaded into City owned equipment. Invitations to bid were sent to four (4) vendors. One (1) bid was received April 4, 2003, from the current contract holder, at no increase in cost. Doyle Ellis LLC 1201 China Grade Loop Bakersfield, CA 93308 in the amount of $0.88 per gallon Purchasing Division DW:ljm P~:~ADMIN~2.003 ADMIN\C03 0430 E AC Asphalt Rejuvenator Sealant.doc April 17, 2003, 5:22PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 16, 2003 APPROVED CITY MANAGER SUBJECT: Reject the one (1) bid for Wireless LAN Kit for the Police Department. RECOMMENDATION: Staff recommends rejection of bid. BACKGROUND: One (1) bid was opened March 26, 2003. Staff requests the bid be rejected and the equipment rebid. Purchasing Division DW:Ijm ~ADMIN~.003 ADMIN~C03_0430_A_Wireless LAN Kit_REJECT BID.doc April 22, 2003, 3:12PM REVISION ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.11. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 16, 2003 DEPARTMENT HEA~ CITY ATTORNE~Y ClTY MANAGER ~ SUBJECT: Reject six (6) bids for Front Self-loading Dump Trucks. (2 replacement) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Six (6) bids were opened March 18, 2003, however none met the minimum specifications. Staff requests the bids be rejected, and the equipment rebid. Purchasing Division DW:ljm ~:~ADMIi",I~2003 ADMIN\C03_0430_B_Front Self Loading Dump Trucks_REJECT BiD.doc REVISION April 22, 2003, 3:11PM ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent TEM: '~.t'n r~. Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works director April 10, 2003 APPROVED DEPARTMENT HEAD~ ClTY ATTORNEY~...~'~ ClTY MANAGER ~h~ Rebate from PG&E for Boiler Replacement at City Hall ($4,000) RECOMMENDATION: Staff recommends acceptance of rebate. BACKGROUND: A portion of the current Capital Improvement Project, H.V.A.C upgrade project at City Hall, was to replace the boiler that provides heat throughout the building. With the replacement complete, General Services applied for and received a rebate from Pacific Gas & Electric Company in the amount of $4,000. 2003. 3:03PM G:\G ROU PDA'r~ADMIN R PT~003~04-30\PG& E Rebate.doc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police April 10, 2003 APPROVED DEPARTMENT HEAD~__~:i: CITY A'I-rORNEY CITY MANAGER Appropriate $112,269 Supplemental Law Enforcement Services Funds (SLESF), $193,332 Local Law Enforcement Block Grants Funds (LLEBG), and $13,000 Asset Forfeiture revenue to purchase Motorola Communications Consoles for the Police Radio Communications Dispatch Center. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The $318,601 in funds are being requested to purchase radio communications dispatch consoles from Motorola to replace existing equipment that is over 18 years old and in need of replacement. The replacement is needed to ensure continued reliability of the Police Communications Center and to address interoperability concerns. The new equipment is in a digital format that is compatible with other equipment being phased in by the City's Communications Division and will be integrated with the Kern County Sheriff's Office system, allowing agencies to communicate with each other during joint operations or in times of emergencies. Council authorized the dispensing with the usual bidding procedures and to purchase the equipment from Motorola at the March 26, 2003 council meeting. Council conducted public hearings and approved on September 4, 2002, LLEBG funding of $193,332 and on October 16, 2002, SLESF funding of $112,269 for this Communication Center upgrade; $13,000 of asset forfeiture money will be used to complete the purchase of the communications consoles. rcu April 9, 2003.3:12PM P:~ADMRP'l~Motorola Communications Consoles.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~3. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager Apdl 10, 2003 ~ APPROVED DEPARTMENT HEAD ~_)~. Appropriate $290,000 for 2800 Acre Water Banking Sales to the Water Resources Operating Budget within the Agriculture Water fund for additional electrical power costs. (Ward 4) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The cost of electrical power for pumping vades annually within the Ag Water 2800 Acre banking program depending on the availability of Kern River water supplies, the State water supply and current groundwater levels. Based on current dry conditions resulting from five consecutive years of below normal yield on the Kern River, increased funding for our extraction program is needed to pay the increased pumping costs. This appropriation will provide funding to extend our 2800 Acres program for three additional months, which involves the running of eight wells to recover water previously banked and stored. Under existing agreements between the City, Kern County Water Agency and the County of Kern, we will receive reimbursement for power costs and the City will sell its miscellaneous water recovered at current market pdce. This extended program will generate additional revenue and will result in no net costs to the City. A~d110, 2003, 11:53AM S:~2003 ADMIN RPTS~Appropriation43003.CC.do[ ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 IAGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Grego~ J. Klimko, Finance Department April 22, 2003 APPROVED DEPARTMENTHEAD~ ClW ATTOR /' ClTY MANAGER /~ Transfer $150,000 from the Supplemental Law Enforcement Safety Fund CIP budget to the Offstreet Parking Fund CIP budget for demolition of the Food Bank building. RECOMMENDATION: Staff recommends the City Council authorize the transfer of appropriation. BACKGROUND: On May 17, 2001 the City Council authorized $150,000 from Council Contingency to the Supplemental Law Enforcement Safety Fund (SLESF) for the Police Records Management System upgrade. The project was completed using other grants and special revenues at a cost lower than anticipated. The $150,000 is currently not designated for another purpose. Monies are required for the demolition of the Food Bank building scheduled for May 2003, to provide additional parking. klg S:\Kim G\Gregory~Admin~TmsAppropSLE SFtoOffstPrkg.doc MEETING DATE: April 30, 2003 TO: FROM: DATE: ADMINISTRATIVE REPORT SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 1, 2003 AGENDA SECTION: Consent Calendar ITEM: DEPARTMENT HEAD___LI(._ CITY ATTORNEY CITY MANAGER'"-"/~ Acceptance of 2001-02 Transportation Development Act Funds Financial Statements. RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2002. The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public Transit Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Macias, Gini & Company has issued an unqualified opinion. No other reports were issued by the accounting firm in regards to the above audit report. Apdl 3. 2003. 7:42AM G:\GflOUPDAT~,DMINRPT~2003\04-30\Transp. Der Act Funds Financial Stab'nents.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council A~PvI~OVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 31, 2003 CITY A'rrORNEY ~ ./~(~- CITY MANAGER SUBJECT: Acceptance of $16,900 in monetary donations from several local businesses for anti-graffiti educational and promotional activities. RECOMMENDATION: Staff recommends acceptance of donations. BACKGROUND: Several local businesses have made donations to the Anti-Graffiti Program totaling $16,900 for the purpose of conducting and expanding anti-graffiti educational and promotional activities. These businesses are supportive of the Program's preventive efforts. The donated funds are to defray the costs incurred by activities such as the poster and essay contest, production of anti-graffiti calendars, production of billboards, etc. These funds are included within the General Services Division's operating budget. Monetary donations were received from the following: The Aaron Companies Akri Corporation Bank of Stockdale Blueprint Service Company Castle & Cooke De Souza Dental Globe Loan Jewelry Gregg's Pharmacy Grimmway Farms Hall Ambulance King Leo's Pizza Pacific Gas & Electric Company South Kern Machinery Union Cemetery Association Wal-Mart at Rosedale Highway Acme Advertising Specialties Bakersfield Association of Realtors Banks Pest Control CTA Sierra Service Center Council Central California Association of Public Employees Frito-Lay Granite Construction Company Griffith Company Guarantee Shoe Center Key Cold Storage Occidental of Elk Hills Raymond's Trophies Stinson Stationers Vons 20~h & Eye Street Partnership ;.~.pril t, 2003, 8:04AM G:\G RO U PDA'F~ADMtN R PT~2003\O4-30\Graffiti Donations.dot MEETING DATE: ADMINISTRATIVE REPORT April 30, 2003 AGENDA SECTION: Consent ITEM: ':~. SS. TO: Honorable Mayor and City Council APPROVED FROM: Alan Chdstensen, Assistant City Manager DEPARTMENT HEAD DATE: April 11, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Review Proposal for In-House Liability Claims Administration RECOMMENDATION: Refer to Budget & Finance Committee BACKGROUND: The City of Bakersfield currently contracts with AIMS to handle ail liability claims made against the City. These services include setting up claim files, maintaining reserves, investigation and settlement of liability claims. The City currently pays approximately $115,000 per year to AIMS for these services. Staff feels there is an opportunity to save about $40,000 in claims administration costs by bringing that service in-house. The following report outlines cost savings in administration and claims costs that would result from the change. Survey of Cities For some time City staff has been analyzing the effects of bringing claims administration in-house. To begin with, a survey was sent out to cities similar to Bakersfield to determine how they adjusted liability claims. I have attached the survey spreadsheet for review. Of the eight entities that responded, seven adjust claims in-house. Of the seven entities that adjusted claims in-house, all expressed an opinion that this was the best way to handle the adjusting process from both a cost and service perspective. The cities surveyed agreed that claims administration is not difficult to manage in-house and is generally less expensive that private management. The City's Risk Manager, who in his previous position managed liability claims for a private sector employer, agrees that liability claims can be managed mere effectively in-house. Administrative Cost Savinqs Charges from AIMS are incurred on an hourly basis. On average for the past 3 years we've paid AIMS about $115,000 per year for liability claims administration. This is based on a case load of about 180 claims per year. Of course, if the number of claims were to go up over time, we would expect our cost for claims administration to rise as well. Bringing claims administration in-house would require that a claims adjuster position be created with the City. The annual cost to fill the position and administer the liability claims function is shown below: April 22, 2003, 1:37PM S:~Admin Rpts~2003\in-house liability admin 04-30-03.doc AT:al Page 1 ADMINISTRATIVE REPORT Liability Admin. Bu_...~.g~_..~__[d et YEAR 1 YEAR 2 YEAR 3 Claims Adjuster's Salary 50,000 52,500 55,125 Fringe Benefits 13,930 14,626 15,357 Vehicle use 4,500 4,500 4,500 Computer 1,013 1,013 1,013 RMIS software 4,000 4,000 4,000 Total 73,443 76,639 79,995 AIMS Claims Admin. ($115.000) ($116,150) ($117.312) Annual Savings $40,370 $39,511 $37,317 There would be a one-time cost of $20,000 for claims administration software in Year 1, and annual maintenance and software upgrades cost of $4,000 per year (shown above as "RMIS software"). There would also be a one time cost of $2,000 for a standard desktop personal computer, and annual maintenance and depreciation costs of $1,013 (shown above as "Computer") Other Cost Savinqs and Service Advantaqe,~ Bringing the liability adjusting function in-house would decrease the time and energy tracking claims. Currently, new claims are logged in the city clerk's office and sent to risk management. Risk management assigns a number, logs the claim, sets up a file and then sends the claim via mail to AIMS. Upon receipt of the claim, AIMS enters the claim into their system, sets up a file, and then forwards the claim to the adjuster for handling. In essence, the same information is logged in twice, and we are charged by AIMS by the hour for the work. If the claims were handled in-house, an adjuster could contact the claimant immediately upon receipt of the claim at the clerk's office. Sending the claims to AIMS adds another three to five days to this time frame. Studies show that the sooner a claimant is contacted and the claim is concluded, the less it will cost. The reason for this is the claimant has less time to worry about their loss and less time to contact an attorney. Early contact also prevents the claimant from becoming frustrated by lack of attention. Once an attorney is retained the costs increase dramatically. Savings in actual claims costs and settlements is potentially great, but difficult to quantify. The City paid $890,000 in claims payments in FY 01-02 at an average cost of $4,944 per claim. Conservatively, if only 18 of our claims 180 claims (10%) were handled more quickly, a 5% cost reduction in those claims could result in a dollar savings of $247 per claim or $4,450 per year. Again, these savings are potential in nature, but not guaranteed. However, staff is confident that potential for savings does exist. From a service perspective, handling the claims in-house allows quicker contact and resolution of claims with citizens. An in-house adjuster also would be available to handle claims and speak with citizens 8:00 to 5:00, while AIMS' availability is more limited and divided between other clients. Efficiency Bringing the liability claims handling function in-house would also result in greater efficiency. As demonstrated above, we are duplicating certain tasks as risk management maintains files and a record keeping system in-house, and the same system is maintained by AIMS. April 81 2003, 11:09AM S:~Admin Rpts~003\in-house liability admin 04-30-03.doc AT:al Page 2 ADMINISTRATIVE REPORT Risk management has numerous conversations with claimants before a claim is filed, and while the claim is being adjusted. All our conversations must be passed on to AIMS. An in-house adjuster would handle these calls personally and save time spent on duplicate conversations. AIMS currently keeps us apprised by sending written reports that must be dictated, typed, and mailed to the City. We are charged for that work on an hourly basis. An in-house adjuster would work off a computer system and keep notes, action plans, and settlement information in our office. Writing and mailing reports to another entity would no longer be necessary and we would not be charged an hourly rate for that service. Communication between risk management and the attorney's office regarding litigated claims would be enhanced by an in-house adjuster, who is available at a moment's notice. The City adjuster would also be available to staff throughout the City at no additional cost to user departments. Having a liability information system on computer network would also improve the quality and availability of claims and loss control reports. Agencies we surveyed found value in having a system they controlled and managed. The AIMS' liability management information system is proprietary and requires them to fax or email reports to the City upon request. Available Claims Adjusters Our research also indicates that there are a number of individuals residing in Kern County that would qualify as a claims adjuster. Our survey of cities found that most agencies had many qualified applicants when adjuster positions came open. Kern County's Claim Manager has been employed by them for many years and believes the position would be very attractive to qualified applicants. Furthermore, insurance companies have been consolidating at a fairly fast past which has lead to layoffs for adjusters. All these factors point to a more than adequate labor pool for claims adjusters. Staff looked into the possibility of hiring part-time or contract adjusters. The survey cities responded that a contract adjuster is really the same as using a third party administrator with a dedicated adjuster for the account, which is what Bakersfield currently employs AIMS to do. The survey cities felt that part-time or contract adjusters were good to use as back-up in case the in-house adjuster is off, but not in place of full-time staff. Conclusion Staff recommends bringing the liability adjusting function in-house and hiring a full-time claims adjuster. There are real cost savings available in claims administration and potential savings in actual claims payments. Given the state of the budget, we believe it is wise for us to look for savings in every City operation. Based on our claim volume and the types of claims we receive, most if not all of an adjuster's time would be spent adjusting claims. If time was made available, we would recommend the position serve as a Smith System driving instructor for all new hires and existing employees and assist with other safety programs. These activities also have cost saving benefit to the City. We recommend this item be referred to Budget & Finance Committee for further consideration. ;April 8, 2003, 11:09AM S:~Admin Rpts~2003\in-house ~iability admin 04-30-03.doc AT:aP Page 3 ADMINISTRATIVE REPORT I MEETING DATE: April 30, 2003 I AGENDA SECTION: Consent Calendar I ITEM: '~.t ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director April18,2003 DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER Approval of the FY 03/04 Annual Action Plan of the Consolidated Plan 2005 (CDBG, HOME, and ESG). (ALL WARDS) RECOMMENDATION: Staff recommends approval and authorize the City Manager to execute all necessary HUD documents. BACKGROUND: The proposed 2003/2004 Annual Action Plan of the Consolidated Plan 2005 represents the activities for the upcoming Community Development Block Grant (CDBG), the HOME Investment Partnership Program (HOME), and the Emergency Shelter Grant (ESG). The total funds available for FY 03/04 is $6,216,088 which represent $4,113,000 of CDBG funds, $1,996,088 of HOME funds, and $107,000 of ESG funds. At the March 17, 2003 Budget and Finance Committee meeting, the proposed annual action plan was received and authorized for final City Council action. On March 23, 2003, a public notice (attached) was published concerning the availability of the draft annual action plan for a HUD required 30-day citizen review and comment period. As part of the 30-day citizen review and comment process, two public meetings were scheduled, April 8, 2003 and April 10, 2003. No public comments were received on the proposed use of the funds for FY 03/04. Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to address community development and housing needs identified in the five-year Consolidated Plan adopted by City Council in May 2000. The approved Action Plan must be submitted to HUD by May 16, 2003. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. The HUD funds will be released to the City July 1, 2003. Included in this year's Action Plan is a new section the Neighborhood Revitalization Strategy Area (NRSA). The purpose of the NRSA is to develop a strategy for neighborhood revitalization (economic, housing and human services) based on input from all sectors of the community: residents, businesses and community leaders. The NRSA amends the City's Consolidated Plan 2005 which expires in 2005. 3'.be boundaries of the NRSA follow the boundaries of U.S. Census Tracts 20, 21, and 22 in southeast S:~Admins\City CouncilV~,ction plan FY03-04.doc 4/18/2003 12:16 PM ADMINISTRATIVE REPORT 'age 2 Avenue to the north, Chester Avenue to the west, Brundage Lane to the south and the railroad tracks near Washington Avenue to the east. Goals for the NRSA include job creation, creation of affordable housing opportunities, infrastructure and streetscape improvements, and delivery of needed public services. The NRSA strategy covers fiscal years 2003-04, and 2004-05. A copy of the public notice detailing the proposed funding, by projectJprogram is attached. S:~Admins\City Council~,ction plan FY03-04.doc 4/17/200310:22 AM ADMINISTRATIVE REPORT MEETING DATE: April 30,2003 AGENDA SECTION: Consent Calendar ITEM: ~'. u..u,.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager April 21, 2003 DEPARTMENT HEAD ClTY A'I'rORNEY ClTY MANAGER APPROVED Form of Acknowledgement and Consent with Redflex Traffic Systems Inc. for assignment of security interest in certain property to National Australia Bank, RECOMMENDATION: Staff recommends approval. BACKGROUND: On April 10, 2002 the City contracted with Redflex Traffic Systems, Inc. to provide a red light camera enforcement program. Redfiex traffic Systems is in the process of closing a line of debt financing with the National Australia Bank. This financing is needed to meet the company's capital equipment and construction costs to continue to install red light photo enforcement systems for various clients. Pursuant to their agreement with the City, Redflex needs the City's approval and has requested the City execute a "Form of Acknowledgement and Consent" to enable them to complete their financing. Redflex indicates this action will not change the management, operation or future program performance of the red light program being implemented through their contract with the City. The agreement with the city provides for assignment for financing transactions, and that such assignment will not be unreasonably withheld. Staff recommends approval of the "Form of Acknowledgement and Consent." (jws) ;April 21,2003, 2:19PM S:~JOHN\Projects\Red Light Enforcement~Redflex Assignment Adrnin.doc ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 IAGENDA SECTION: Consent ITEM: o~,vv' TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning April 22, 2003 DEPARTMENT HE~ CITY MANAGER SUBJECT: General Plan Amendment 02-0623 0Nard 3) Mclntosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. RECOMMENDA~ON: No action required. BACKGROUND: The public hearing on this matter was closed on November 20, 2002 and the discussion by the City Council deferred to allow the applicant and staff to review possible solutions to the design problems. Staff has met with the applicant to discuss retention of Masterson as an arterial with various design alternatives. Several meetings have resulted in a better understanding by the applicant of the reimbursement/credit program for construction of arterials required to serve a subdivision. Staff has agreed to give credit for the roadwork based on calculations of costs that reflect the amount in excess of normal road construction. In this case there is an exceptional amount of grading and soils work, a large multi-purpose culvert. The developer will receive full credit for the two lane arterial off-site roadwork in accordance with the city's existing program. Staff will be presenting the revised cost estimates to the City Council for adoption as a part of the normal revision of capital projects budgeting. The applicant has agreed to withdraw the application so no further action is required by the City Council. JH:pjt Admin\4-30-0623 ADMINISTRATIVE REPORT M~-~- I lNG DATE: April 30, 2003 AGENDA SECTION: Hearings ITEM: o~. o.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 22, 2003 DEPARTMENT HEAD ~ROVED CITY ATTORNEY CITY MANAGER Continued Public Hearing for Resolution ordedng the Vacation of Camino Grande Drive along the north side of the Bear Mountain Cogeneration Plant. (Ward 3) RECOMMENDATION: Staff recommends denial of the Vacation. BACKGROUND: This Public Hearing for adoption of Resolution has been continued from regular Council Meeting of March 12, 2003. Bear Mountain Cogeneration Plant is now accessed from Alfred Harrell Highway to the west and from Paladino Drive to the south. The County has regulated the access through the portion of Camino Grande Drive that extends through the old landfill property. The Cogeneration Plant has applied for the vacation so a gate can be placed at the east end of Camino Grande Drive to control access along the north side of the Cogeneration Plant. The Cogeneration Plant is working with the County on a plan that includes installation of an electric gate system for access control. Representatives of the Cogeneration Plant, The County of Kem and City staff have met to discuss the proposed vacation and any options. The group originally agreed that the closure with a gate at the east end of Camino Grande Drive would be workable with reserved access for adjacent land owners, emergency services, municipal services and plant operation. City staff also notes that an easement must be retained for bike path purposes along the full length of the proposed vacation. The interested parties understand that a bike path will run along the alignment of Camino Grande Drive, and they are not opposed to it. The City Public Works, Fire, Police, Development Services, and Economic Development Departments have been notified and none have posted any objection. City Fire Safety Services notes that because of grassland fires that occur in the area, Fire Service must be retained along Camino Grande Drive between Alfred Harrell Highway and the Paladino area. The utility companies serving the area have been notified by mail and Pacific Gas & Electric and California Water Service Company have both indicated their existing facilities must be protected with reservation of an easement. Preliminary Notice was mailed to all land owners within a 300' radius. One owner expressed concern with the limited access being proposed. Jed Magee, owner of adjacent land to the east, is also with Jaco Oil Company who operates well sites in the landfill area. Mr. Magee said that Jaco would like to retain access rights through Camino Grande Drive and he will contact both the County and Cogeneration Plant. '~A~d124, 2003, 8:23AM G:\GROUPDAT~DMINRPT~2003\04-30~Pub Headng Camino Grande Admin.dot ADMINISTRATIVE REPORT However, the Cogeneration Plant has recently expressed concern over the possible liability of having a bike path on Camino Grande when the road reverts to them, but they are still interested in a gate across roadway. Unfortunately, a gate cannot be allowed unless the road right of way is vacated. Therefore, staff recommends denial of the Vacation. The proposed closure was heard by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This proposed vacating action is a modification of prior Resolution of Intention No. 1222 which was continued by City Council at the public hearing held September 27, 2000. On January 21, 2003, Council adopted Resolution of Intention No. 1289 declaring its intention to order the Camino Grande Ddve Vacation and setting March 12, 2003, as the date for Public Headng on the vacation. This item is very similar to another Vacation of Camino Grande Ddve that occurs earlier in the Consent agenda. The difference is this Vacation is for the portion of Camino Grande east of the old County landfill site, while the item on Consent is for Vacation of a section west of the bum dump. This item requires a public headng because adjacent property owners are affected by the street Vacation. The other item is on Consent because all the adjacent property owners have agreed to the Vacation so no public hearing is required. This hearing has been duly advertised and posted on site as required by law. *~3dl 24, 2003, 8:23AM G:~GROUPDAT~ADMINRPT~2003\04-30\Pub Headng Camino Grande Admin.dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 I AGENDA SECTION: Hearings I ITEM: cl.. b. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 22, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of the City Council of the City of Bakersfield Approving the Sale of Real Property by the Bakersfield Redevelopment Agency for $650,000 to Les Denherder, Trustee of the Denherder Revocable Living Trust, under trust dated October 11, 1988 and Forgiving the $450,000 Balance of Debt Due the City of Bakersfield Pursuant to Agreement No. 99-243. RECOMMENDATION: Staff recommends conducting the hearing and adopting the resolution by a 2/3 vote. BACKGROUND: In September 1999, the Bakersfield Redevelopment Agency ("Agency~') purchased 110 acres on Mt. Vernon Avenue from the City of Bakersfield. The sales price was set at $1.1 million dollars - the current value at the time. The property is located in the Southeast Bakersfield Redevelopment Project Area. The Agency and the City entered into Agreement No. 99-243, whereby the Agency agreed to repay the purchase price. In 2001, Agreement No. 99-243 was amended and the amendment stated that, after the property was sold to a third party, City and Agency would negotiate repayment. Because redevelopment law requires the Agency to have debt before it can receive any tax increment, the purchase created a debt of $1.1 million and allowed for the immediate collection of Southeast Bakersfield tax increment as soon as it became available. Also, by having ownership of the property, the Agency (in conjunction with the City) could provide incentives such as potential land write downs and tax increment rebates. Initially, staff marketed the property to large industrial users and had a number of inquires by companies wanting to construct 500,000 square foot or larger distribution centers. Over past couple of years, there has been a significant drop off in large industrial user inquiries such as those. This is primarily due to the uncertain economic conditions over the last year, and the weakening economy causing many large companies to put their expansion plans on hold. Another obstacle to City/Agency assisted developments is the recent passage of Senate Bill 975 requiring prevailing wages to be paid if any "public funds" (including land write-downs) are used to assist a private development. The SB 975 legislation has effectively negated most offers of incentives when companies take into account the additional cost of construction when paying prevailing wages. These issues, combined with the cost to S:\COU NClL~Admins~mountvemonsale3.doc 4122/2003 3:59 PM ADMINISTRATIVE REPORT Page2 extend site infrastructure (water, sewer, streets, etc.) needed to accommodate industrial companies~ have all contributed significantly to the current interest and ultimately the valuation of the property. Recently, the Agency was contacted by two potential buyers. The Agency, with input from the Council, elected to put the property up for public auction. The auction was conducted on April 3, 2003. Two potential buyers submitted written offers and an oral auction ensued. Les Denherder, Trustee of the Denherder Revocable Living Trust, under trust dated October 11, 1988, was the highest bidder with a price of $650,000. The Agency approved the sale on April 14. Pursuant to redevelopment law, a public hearing is required and the City Council must find that the sale of the property will assist in the elimination of blight, is consistent with the implementation plan for the Southeast Bakersfield Redevelopment Plan and the sales price is not less than either the fair market value or fair reuse value of the property. The public hearing has been properly noticed and the required report is on file (see attached 33433 Report) at the Clerk's office. In addition, this action requires a two-thirds vote of the Council. If the sale is approved, it is the Agency's intention to have the entire proceeds of the sale be forwarded to the City as repayment of the debt of Agreement No. 99-243 and to have the City forgive the outstanding balance of the purchase price. In the past two years, the Agency has created enough debt to continue to receive all the tax increment generated by the Project area, so the debt from this transaction is no longer required in order to receive increment. Additionally, sale of the property to a private entity means that it will be placed on the tax rolls for the first time since it was acquired by the City in 1907 - thus, generating increased property taxes which benefits both the City and the Agency. It is the purchaser's intent to develop the property. This will result in increased property value and, thus, increased property taxes. Also, the development of the property will create jobs for the southeast area. S:\COUNClL~Admins~mountvernonsale3.doc 4/22/20033:59 PM MEETING DATE: April 30, 2003 ADMINISTRATIVE REPORT AGENDA SECTION: Hearings ITEM: c~. c,~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 4, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution establishing sewer and storm sewer service user charges. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code. No increase in sewer user charges is proposed for Fiscal Year 2003-04, with the exception of the following users whose fees are being phased in over a three, five, or seven year period: FLAT RATE SCHEDULE of Exhibit A - Hospitals, year three of a seven year phase-in period. Schools, Day Care Centers, year three of a five year phase-in period. $44.86 to $50.04 per bed $4.01 to $4.23 per student MISCELLANEOUS SCHEDULE of Exhibit A - Surchar.qe Schedule - Commercial and Industrial, year three of a three year phase-in period. Flow, MG $722.00/MG/yr. to $847.00/MG/yr. BOD, mg/L $62.00/1000 lb. to $62.00/1000 lb. (no increase) TSS, mg/L $71.00/1000 lb. to $71.00/1000 lb. (no increase) Discussions regarding these phased-in rate increases were conducted with the City Council and the Budget & Finance Committee during the Fiscal Year 2001-2002 budget process in order to update the City's Revenue Program. The phasing-in of these fees offered the least impact to these users, while still complying with State regulations. These fees were originally adopted by the City Council on May 16, 2001. MISCELLANEOUS SCHEDULE of Exhibit A - Fees for Section VI. Wastewater Services - Other Aqencies of the MISCELLANEOUS SCHEDULE of Exhibit A will be determined in accordance with agreements entered into between the City and other agencies. See Exhibit A of attached Resolution for sewer user fee details. Sewer user charges are collected with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. March 3, 2003, 1:27PM G:\GROUPDA'r~DMINRP'r~.003~04-30\WW Fee Admin dot ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 I AGENDA SECTION: Hearings I ITEM: ~. d. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~'~ DATE: April, 15, 2003 CITY A'I'FORNEY ~ CITY MANAGER - SUBJECT: Resolution Adopting Fees Pursuant to the Cost Recovery Program. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolutibn 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 last performed a thorough review of all fees for calendar year 2002. Due to the state budget cdsis and its effects on the City's current and future financial status, staff again performed a thorough review of all fees. The fees in this report are proposed to increase by the annual consumer price index of 1.3%, there are two new fees proposed and one restructured fee recommended. The fees in this report are the remaining development related fees which were removed for Council consideration at the March 26th meeting to allow the Building Industry Association (BIA) an opportunity to review and discuss the proposed fee changes with staff, their board and other affected industry groups. City staff also rescheduled the public headng from March 26, 2003 until Apdl 30, 2003 at the request of the Building Industry. On April 2, 2003, representatives from Public Works, Development Services and the City Manager's Office met with the BIA to provide additional information they had requested and discuss any questions or concerns. Subsequent to that meeting staff also provided additional follow up information requested by the BIA. Listed below is a brief summary of the more noteworthy changes proposed. City staff is recommending the proposed changes to the Master Fee Schedule as presented on Exhibit "A" be adopted by resolution. 2003 Cost Recovery Pro.qram Update- Exhibit "A" Proposed Master Fee Schedule For 2003: The attached schedule is a comprehensive list of all fees authorized under the cost recovery program. :.Exhibit "B" Proposed Master Fee Schedule For 2003: Proposed Changes Only: The attached schedule is a complete list of those Development related services that staff is proposing to increase by the consumer pdce index or an amount recommended by the department head to move closer to recovering the actual cost of providing the service.. ADMINISTRATIVE REPORT RESTRUCTURED OR INCREASED COST FEES: Page 2 B-28 SITE PLAN REVIEW . Proposed Minimum Fee $ 200 Proposed Maximum Fee $ 2,500 The current minimum fee is $103 and the maximum fee is $1,539, For the past several years the revenues derived from this service has not covered costs. The process has become more complex with the introduction of monthly hearings which require a staff report and preparation of a CEQA document. Additional review is required for compliance with ordinance, fire safety, traffic requirements and public review. The Site Plan Review fee is calculated by multiplying the proposed project's valuation by a factor of 0.001668. The current fee is set at a minimum fee of $103 on projects valued at $61,751 or less and a maximum fee of $1,539 on projects valued at $922,662 or higher. If a public hearing is required, an additional $334 is required to cover the costs of the notices and legal advertising. Staff is proposing to increase the minimum fee to $200 and the maximum to $2,500. Projects valued at $119,904 or less would pay $200 and projects valued at $1,498,801 or more would pay $2,500. In FY 2001/02, 30% of the site plan reviews were valued at $922,662 or higher for revenues of $30,780. Forty percent were valued at $922,662 or higher in FY 2000/01. NEW FEES B-24 SIGN PERMIT PROCESSING AND INSPECTION FEES Sign, Permanent - Face Change $ 40 The Building Division is proposing a new fee to recover the cost of changing the face on an existing permanent sign. These changes occur when the face of an existing sign needs to be changed due to a new logo or there is a change in the tenant or business. Requests to change the face of an existing sign requires a plan check. B-28 SITE PLAN REVIEW General Plan Maintenance - 5 Year Review & Update $ 65 General Plan Maintenance - 10 Year Comprehensive Rewrite $ 65 As part of the 2002 legislative session, the Governor signed AB 2936 which allows local governments to recover the cost of preparing and maintaining the General Plan and policies governing the zone changes, subdivision maps and permits processed under these plans. The Planning Division is proposing a new fee to recover these costs over 5 and 10 years. The funds would be placed into a trust account and appropriated when the General Plan is updated or when the comprehensive rewrite is conducted. The City periodically reviews and updates the General Plan every 5 years and the cost for the recent 2010 General Plan update was almost $275,000. A fee proposed for single family residences would be collected with the building permit and for commercial projects the fee would I~e collected during the plan check process. Note that a comprehensive rewrite may be conducted at 10 year intervals and can cost four or five times more than revising an adopted General Plan. Development Services fees require a sixty (60) day waiting period and shall become effective on July 1, 2003. ADMINISTRATIVE REPORT MEETING DATE: April 30,2003 AGENDA SECTION: Deferred Business ITEM: [ ~.. CL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager April 24, 2003 Ambulance Rate Review: DEPARTMENT HEAD ClTY ATrORNEY ClTY MANAGER APPROVED 1. Consideration of a Consumer Price Index adjustment to ambulance rates. 2. Agreement with Health Analytics LLC to perform an Ambulance Rate Modification Study for the City of Bakersfield for an amount not to exceed $26,500 and appropriation of $26,500 from Hall Ambulance to the Non- Departmental Budget in the General Fund to cover cost of the Ambulance Rate Modification Study. RECOMMENDATION: To be determined by Council. BACKGROUND: At the April 9th Council meeting staff provided information regarding use of the Consumer Price Index (CPI) for ambulance rate adjustments as part of a workshop. Council discussed use of the CPI and requested that an item be placed on the April 30th agenda regarding consideration of a Consumer Price Index adjustment to current ambulance rates. Consumer Price Index Adiustment For Council's reference, staff prepared a rate comparison sheet (attached) which shows the City's current rates; the rates requested by Hall Ambulance (original and revised); the updated state survey average; the survey cities average; and finally the current city rates adjusted by the average of the increase in Transportation and Medical Care Services CPI's for the West Urban area over the past three calendar years of 10.7% which was previously presented at the Council workshop for the Council's information. Staff received a letter on April 23, 2003 from Jacqualine Att, Controller of Hall Ambulance (included with this administrative report) that withdraws the compromise rate increase offer of 16.97% using the Western Urban CPi for Medical Care Services that was presented to the Council on March 12, 2003. The rates requested by Hall Ambulance On March 12th do not reflect a consistent CPI adjustment of 16.97% across all categories. The 16.97% figure is based on the change in the Medical Care Services CPI for the West Urban Area from January 2000 to January 2003. As noted by Hall, the revised BLS Apd124, 2003, 8:32AM S:~JOHN~Projects~AMB\02003 Ambulance rate review 4-30 administrative report1 .DOC ADMINISTRATIVE REPORT rate request reflects a 20.17% increase compared to the current rate. Several of the other rates reflect rounding up so they exceed the 16.97% increase. A chart is included with this report which shows the actual % increase for the revised request when compared to current rates. There is also the addition of a new category of '~vaiting time". Councilmember Maggard inquired if there was a way to calculate the financial impact of adding that category. Staff spoke with Kern County EMS and was told that they do not track any data regarding waiting time that could be used to make that calculation. Therefore, staff is unable to make any calculation as to the possible number of times that category would be applicable for ambulance billing purposes and thus determine the potential financial impact of adding the category. Ambulance Rate Modification Study Pursuant to Council direction, staff has distributed the RFP for the Ambulance Rate Modification Study to various professional consulting firms who specialize in this type of study. Staff received proposals from five firms: The Abaris Group Daniells, Phillips, Vaughn & Bock Fitch and Associates Health Analytics, LLC The Polaris Group A panel comprised of Assistant City Manager, John W. Stinson; Assistant Finance Director, Nelson Smith and Deputy Fire Chief, Kirk Blair interviewed the three firms that best matched the City's requirements for the study. These firms were Fitch and Associates, Health Analytics and The Polaris Group. All three consulting firms have significant EMS consulting experience and are familiar with California based EMS systems. Based upon the proposals submitted, interviews with the firms, ability to complete the study within the required time frame and background checks, staff would recommend selection of Health Analytics to perform the rate modification study should the Council wish to proceed with the study. The amount for Health Analytics to perform the study would be a not to exceed amount of $26,500 ($25,000 for the study and Travel reimbursement up to $1,500). This amount is to be paid by Hall Ambulance. Staff has received payment to the City of Bakersfield of $26,500 from Hall Ambulance for the study. Staff has also received a response to its request for information regarding what information would be considered proprietary and confidential from Hall Ambulance. Their response is included with this administrative report. Staff has reviewed the letter and determined the listings provided clearly identify specific records which Hall considers proprietary. April 24, 2003, 8:32AM S:~JOHN\Projects~AMB\02003 Ambulance rate review 4-30 administrative reporH.DOC ADMINISTRATIVE REPORT MEETING DATE: April 30, 2003 AGENDA SECTION: New Business ITEM: l ~..o,.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager April 18, 2003 APPROVED DEPARTMENT HEAD ~ CITY A'I'i'ORNEY~ CITY MANAGER Appointment of Voting Delegate and Alternate to League General Assembly Special Meeting on May 15, 2003 RECOMMENDATION: Selection of Voting Delegate and Alternate as determined by Council. BACKGROUND: On May 15, 2003, the League of California Cities is holding a special General Assembly meeting to consider one or more proposals prepared by the League Board of Directors concerning the state budget and state-local fiscal reform. The League has requested that all cities be represented at this special meeting on Thursday, May 15, at 1:00 p.m., at the Sacramento Community Center Theatre. It is estimated the meeting will be over by 3:30 p.m. Designated voting delegates (or their alternates) constitute the League's General Assembly. The League is requesting each city designate a voting delegate and an alternate who will be present at the meeting on May 15. Each city represented with have one vote. A voting card will be given to the city official designated by the city council. Any official of a member city may, with the council's approval, be designated the voting delegate or alternate. In order to comply with the League's request for a response by May 9, the city council will need to act at tonight's meeting. (The second annual LOCAL Legislative Action Days meeting is scheduled for Wednesday and Thursday, May 14-15, 2003, at the Sheraton Grand Hotel in Sacramento.) April 21, 2003, 9:20AM P:\L&L~.dmin Reports~A DM03-04-30-1-VotingDelegate.doc