HomeMy WebLinkAbout07/09/2003 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 9, 2003
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLLCALL
2. WORKSHOP
(10 min)
Kern Economic Development Corporation (Comments by Patrick J. Collins, KEDC
President and CEO)
(15 min)
Update on Animal Control Service and Transition to the City of Bakersfield. (Staff
comments by Trudy Slater, Administrative Analyst)
(15 min)
Fire Department Truck Company Operations. (Staff comments by Dean Clason, Deputy
Fire Chief)
(15 min)
City Council Goal Setting (Council will recess to the City Manager's Conference Room to
discuss this item)
3. CLOSED SESSION
Conference with Real Property Negotiators pursuant to Government Code Section 54956.8,
Property: Commercial Retail/Industrial Complex 5455 A-B and 5601 Rosedale Highway,
Bakersfield, California; Agency Negotiator: Donald Anderson; Negotiating Party: Charles
A. Magnus; Under Negotiation: Price and terms of payment for purchase.
REGULAR MEETING - 7:00 p.m.
2.
3.
4.
5.
6.
7.
INVOCATION by Pastor Troy Morris, New Beginnings Christian Church.
PLEDGE OF ALLEGIANCE by Holly Smith, 34 Grade Student at Donald Suburu School.
ROLL CALL
CLOSED SESSION ACTION
PRESENTATIONS
PUBLIC STATEMENTS
APPOINTMENTS
8. CONSENT CALENDAR
(Ward 2)
(Ward 2)
(Ward 3)
(Ward 6)
Minutes:
a. Approval of minutes of Regular Council Meeting June 25, 2003.
Payments:
Approval of department payments from June 13, 2003 to June 26, 2003 in the amount of
$6,813,099.78 and self insurance payments from June 13, 2003 to June 26, 2003 in the
amount of $174,491.53.
Ordinances:
Adoption of Ordinance amending Section 13.12.030 B. of the Municipal Code updating the
list of standard manuals adopted by the City of Bakersfield to be the development
improvement standards and specifications. (First Reading 6/25/03)
Resolutions:
d. Delinquent Sewer User Charges:
Resolution providing for the establishment of separate special assessment funds,
for Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the
collection of delinquent sewer charges.
2. Resolution authorizing the Kern County Tax Collector to collect said charges.
Resolution designating certain city personnel as certifying officers authorized to execute
Environmental Review Record pursuant to Federal Law.
f4
Resolution regarding the use of Housing Set Aside Monies outside the Downtown
Redevelopment Project Area.
Resolution supporting the recommendation that the Metropolitan Bakersfield High Speed
Rail Terminal be located within a one-half mile radius of Truxtun Avenue at S Street in
downtown Bakersfield.
Resolution determining that the purchase of 180 Motorola portable two-way radios cannot
be reasonably obtained through usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $480,000.00.
Resolution ordering the summary vacation of Camino Grande Drive in the buffer area on
the west side of the County of Kern's China Grade Sanitary Landfill site.
Resolution ordering Judicial Foreclosure of delinquent assessments in Assessment District
94-2 (Gosford/White).
(Wards 4, 6)
(Wards 4, 5) I.
CONSENT CALENDAR continued
(Ward 4) m.
(Ward 1) n.
(Ward 3) p.
(Ward 1)
(Ward 3)
Resolution preliminarily approving Engineer's Report and setting the date for public hearing
of protests for Assessment District No. 03-1 (Brighton Place/Silver Creek II).
Resolution preliminarily approving Engineer's Report and setting the date for public hearing
of protests for Assessment District No. 03-2 (Buena Vista Ranch/Belsera I I/Montara II/Olive
Park II)
Resolution adding territory, Area 1~40 (Olive, Old Farm 3) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 5-09 (Oswell, Hwy 58 SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution endorsing efforts to develop a Memorandum of Understanding to compel
railroads to implement dust control measures in railway operations.
Resolution of Intention No. 1305 to add territory, Area 4-27 (Fairfax, Royal Coach) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving Public
Works Director's Report.
Agreements:
(Ward 2) t.
Agreement with Childrens' Advocates Resource Endowment (CARE), a 501(c)(3) not for
profit organization to purchase one (1) surplus Amkus Power Unit with two (2) spreaders
and cutting tools (jaws of life) from the City for $250.00.
(Ward 1) U.
(Ward 1) V.
Final Tract Map and Improvement Agreements with ADH Corporation for Tract 6140 Phase
1 located south of State Route 58 and east of Oswell Street.
s. Property Acquisition:
Purchase Agreement with Keith & Mack Oil Company, Inc. ($400,000.00) to
purchase real property located in the south half of Section 11, Township 29 South,
Range 28 East, north of Alfred Harrell Highway and west of Fairfax Road.
Appropriate $404,000.00 fund balance to the Capital Improvement Budget with the
Refuse Fund.
License Agreement No. 03-24788 with Burlington Northern and Santa Fe Railway
Company, ($5,800.00), to allow the City to construct the communications and data conduits
for the Ice Center under the railroad tracks.
Consent to Common Use Agreement with Chevron Pipe Line Company for a pipe line
easement within South Sterling Road.
Consent to Common Use Agreement with Pacific Bell Telephone Company for an
easement within Oswell Street.
3
(Ward 4)
(Ward 6)
(Ward 4)
(Ward 7)
(Ward 2)
(Ward 2)
CONSENT CALENDAR continued
w. Domestic Water Station L-208 located at Coffee Road and Norris Road:
Cost Sharing Agreement with California Water Service Company for engineering
design and construction of L-208 facilities.
Agreement for Joint Use of Water Facilities with California Water Service Company
for use fee and operations of L-208 facilities.
Appropriate $773,000.00 California Water Service Company's share of project to
the Water Resources Capital Improvement Budget within the Domestic Water Fund.
x. Traffic control signals and safety lighting on Route 99 at Ming Avenue:
Cooperative Agreement with Caltrans for installation of traffic control signals and
safety lighting on Route 99 at Ming Avenue (City's share estimated at $115,412.00).
Appropriate $115,412.00 Gas Tax Fund Balance to the Capital Improvement
Budget.
Amendment No. I to Agreement No. CA 03-001 in an amount not to exceed $30,000.00
(total contract $55,000.00) with Michael G. Marderosian for outside legal services in the
matter of O'Leary v. City of Bakersfield, United States District Court Case No. CV-F-01-
6304 REC DLB.
z. Transportation Impact Fee Agreement:
Transportation Impact Fee Agreement with Soper Homes (reimbursement credit not
to exceed $193,336.00) for Tracts 6038 and 6139 located at the southwest corner
of Brimhall Road and Jenkins Road.
Appropriate $122,496.00 Traffic Impact Fee revenue to the Capital Improvement
Budget within the Transportation Development Fund for a reimbursement to
developer for costs to construct Brimhall Road between Westdale Drive and Jenkins
Road.
aa.
Transportation Impact Fee Agreement with Stone Creek Partners II, Inc. (reimbursement
credit not to exceed $57,394.00) for Tract 6125 Phases I and 2 located at the northwest
corner of Hosking Avenue and Akers Road.
bb.
Lease Agreement with Community Services Organization - Behavioral Health Programs for
rental of a portion of 713 Lake Street.
Contract Change Order No. 2 to Agreement No. 03-053 with P & J Electrical Construction
($3,236.00 for a total contract amount of $40,865.57) to replace the fire alarm system in the
City Hall Annex Building.
4
o
(Ward 2)
(Ward 7)
(Ward 2)
CONSENT CALENDAR continued
dd. Mohawk Sewer, Phase I1:
Contract Change Order No. 2 to Agreement No. 02-163 with Utah Pacific
Construction ($28,649.63 for a total contract amount of $2,323,070.39) for the
project.
Appropriate $29,000.00 Sewer Enterprise Fund Balance to the Capital Improvement
Budget.
Bids
ee,
Accept bid from Rehrig Pacific Company $288,915.25, for 7,125 carts for refuse, green
waste, and recyclables for the Solid Waste division of Public Works within the Refuse Fund.
Accept bid to award annual contract to Kern Sprinkler Landscaping, not to exceed
$75,000.00, for irrigation and landscaping services for the Recreation and Parks
Department.
gg.
Interchange of State Route (SR) 99 at White Lane - Overcrossing widening, interchange
improvements, construction of sound barrier, and landscaping project.
1. Accept bid to award contract $5,624,075.00 to Granite Construction Company.
Appropriate $450,000.00 Transportation Development Fund balance to the Capital
Improvement Budget.
Miscellaneous
hh.
Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No.
6 (FY02/03), Amendment No. 8 (FY01/02) and Amendment No. g (FY00/01).
Transfer $173,500.00 operating programs and Capital Improvement Project savings
and appropriate $83,500.00 program income to the Community Development Block
Grant Capital Improvement budget for Southeast Area Street Improvements.
Transfer $110,000.00 from the Economic and Community Development Operating
Budget (Business Loans) to the Capital Improvement Project Budget in the
Community Development Block Grant fund for Chester/Brundage and Union/6th
Street, Street Improvements.
Transfer $50,000.00 uncommitted prior year savings to the Economic and
Community Development Operating Budget within the HOME fund for the Lead
Based Paint Program.
ii.
Appropriate $89,000.00 Fund Balance to the Capital Improvement Budget within the Old
Town Kern Operating Fund for deposit into the State Treasurer's Condemnation Fund for
630 Kentucky and 711 Lake Streets.
(Ward 1 )
(Ward 4)
(Ward 1,2)
(Ward 3)
10.
11.
12,
t3.
14.
CONSENT CALENDAR continued
jj. Appropriate $500,000.00 Cai HFA Loan Funds to the Southeast Redevelopment Project
Area, Housing Fund for the Southeast Infill Housing Program.
kk. Approval of final payment ($36,880.00), pursuant to Deed Nos. 5481 and 5482, to BH
Investments for granting City Permanent and Temporary sewer line construction
easements, for the Mohawk Sewer Project.
I1. Resolution authorizing the requisite City personnel to request additional Section 108 Loan
Guarantee Funds for a total of up to $4.6 million for construction and rehabilitation of
various public facilities.
Staff recommends adoption of Consent Calendar items a through II.
HEARINGS
a. Continued Public Hearing for Resolution ordering the Vacation of Camino Grande
Drive along the noah side of the Bear Mountain Cogeneration Plant.
Staff recommends adoption of the resolution.
b. Hearing to consider Resolution adopting Fees pursuant to the Cost Recovery Program.
Staff recommends adoption of Resolution.
REPORTS
a. Ambulance Rate Review:
1. Ambulance Rate Modification Study. (Staff comments by Assistant City
Manager John W. Stinson)
Staff recommends Council determination.
DEFERRED BUSINESS
NEW BUSINESS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan randy
City Manager
TO:
FROM:
THROUGH:
SUBJECT:
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/~r~
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - JULY 9, 2003 COUNCIL MEETING
July 3, 2003
REGULAR MEETING 5:15 p.m.
Workshop:
Item 3a. Presentation by Kern Economic Development Corporation. KEDC President and CEO
Patrick Collins will update the Council on all of KEDC's activities designed to attract new
businesses to Bakersfield.
Item 3b. Update on Animal Control Service and Transition to the City. Trudy Slater,
Administrative Analyst, will give an update on animal control service and the transition to the City.
Item 3c. Report on Fire Department Truck Company Operations. Deputy Fire Chief Dean Clason
will give a brief report.
Item 3d. City Council Goals. This item includes a review and update of the goals that were
adopted in April of 2002. The Council will recess to the City Manager's Conference Room to
discuss this item.
Closed Session:
There is one closed session item which is a conference with real property negotiators regarding a
Commercial Retail/Industrial complex at 5455 A-B and 5601 Rosedale Highway.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
CONSENTCALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be
highlighted include:
Resolutions:
Item 8f. Resolution Re(~ardin(~ the Use of Housincl Set Aside Monies Outside the Downtown
Redevelopment Proiect Area. In September, 2002, the Redevelopment Agency authorized the
acquisition of approximately 7.5 acres north of Central Park for the purpose of constructing 74
homes. The Agency, as required by law, will set aside twenty percent (20%) of the total tax
HONORABLE MAYOR AND CITY COUNCIL
JULY 3, 2003
PAGE 2
increment received and place those moneys in a Low-and Moderate-Income Housing Fund.
Considered downtown in nature, the site of this project is technically located in the Old Town Kern-
Pioneer Redevelopment Project Area, one block from the border of the downtown area. The Old-
Town Kern area does not yet generate enough increment and related housing set-aside to debt
service a project of this size. Redevelopment law permits a redevelopment agency to expend
those housing set-aside monies outside the project area from which they were generated.
Item 8a. Resolution Supportinq Proposed Hiah Soeed Rail Location. At the Kern Council of
Governments meeting of June 19, 2003, a Final Draft Report was submitted by the Consultant
hired to propose a location for the High Speed Rail Terminal in the Bakersfield metropolitan area.
The Consultant recommended that the Metropolitan Bakersfield High Speed Rail Terminal should
be located within a one-half mile radius of Truxtun Avenue at S Street in downtown Bakersfield.
On July 1,2003, the Kern County Board of Supervisors endorsed the Truxtun Avenue location.
Item 8h. Resolution Determininq that the Purchase of 180 Motorola Portable Two-Way Radios
Cannot be Reasonably Obtained throuqh Usual Biddino Procedures and Authorizinq the Finance
Director to Dispense with Biddino. in an amount not to exceed $480.000. In FY 2002-03, 200 of
the 380 obsolete police public safety portable two-way radios were replaced for $476,000. The FY
2003-04 budget includes $480,000 to replace the remainder of the obsolete inventory. It is not
possible to obtain competitive bids on Motorola equipment. We use one manufacturer to simplify
part replacement and assure compatibility.
Item 8i. Resolution Orderinq the Summary Vacation of Camino Grande Drive in the Buffer Area on
the West Side of Kern County's 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, which they will maintain upon completion of the vacation. 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. The groups also agreed that an easement for City bike path purposes
would be reserved over the vacated roadway. 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 another vacation of Camino Grande Drive that occurs later as a Public
Hearing, and is for vacation of a section of the road east of the landfill. Some adjacent property
owners are impacted by the vacation and must be notified of the action and have opportunity to
comment. This item is on Consent because adjacent property owners affected by the street
vacation are all in favor of the action.
Item 80. Resolution Endorsinq Efforts to Develop An MOU to Compel Railroads to Implement Dust
Control Measures in Railway Operations. During the Council meeting of June 25, 2003, California
State Senator Florez advised Council he was collaborating with United States Senator Barbara
Boxer on developing an MOU with rail companies to control dust along the railroads. Under
Council direction, staff drafted this Resolution for consideration.
Aqreements:
Item 8s. Property Acquisition. The City is acquiring land as a buffer for the City's former landfill
located north of Panorama Drive and west of Fairtax Road. The property comprises approximately
91 acres of unimproved land. Staff recommends Council approve a purchase agreement with
Keith & Mack Oil company, Inc. for $400,000 and appropriation of $404,000 fund balance to the
CIP budget within the Refuse Fund to purchase this property.
HONORABLE MAYOR AND CITY COUNCIL
JUlY 3, 2003
PAGE 3
Item 8w. A reements Re ardin the Domestic Water Station Located at Coffee Road and Norris
Ro_9.~ad. The City and California Water Service both need additional distribution capacity and water
storage for this growing area of the City. The City had planned to construct a two million gallon
storage facility in conjunction with a water well, while Cai Water planned a storage tank and
pumping facility in the same area. It was determined that a jointly constructed and operated facility
would be more cost effective. Cai Water requested additional storage and pumping capacity. The
Cost Sharing Agreement will allow Cai Water to share in the construction costs to increase the size
to three million gallons, double the pumping capacity and add distribution piping. The Agreement
.... es o erational and ongoing fiscal responsibilities. The City's
for Joint Use of Water~F_ac~?~es dehn. .13 rentl budgeted in the Domestic Water Fund. Cai
share is estimated at Sz,u~7,000, which ~s cur Y
Water's share is estimated at $773,000.
item See. Award Contract to Rehr Pacific Com an~~n--w~a~s~,~nndf
I bles for the Solid Waste.___.~._v[slon of Pu~ taft recommends award to Rehdg Pacific
~ Two acceptable biOS were received. S
Company.
ward Contract to Gramte ._Const . t of 5 624 075. mprovemen!s_to_
Item 8 · _A. ...... ,o.~, q¢~ ~~,.A5~6~4 ~tb~llino barrier ra, I (~.
Interchan eot 3rote ~outu .--,, .v- -,.. uth side of the bridge Dy z'+ ~u~L, ,. ....... ..
the interchange consist of w~denmg th~ ¢o the northbound on-ramp, constructing a
the north side of the bridge, modifying and realigning
soundwall adjacent to the northbound off-ramp, installing a new traffic signal at the intersection of
White Lane and the northbound off-ramp, modifying the existing traffic signal at the southbound off-
· Lane from Hughes Lane to Wible Road, adding
ramp, installing traffic signal interconnect on.W.h~te ---.truC. tino a northbound auxilianJ lane from
pedestrian walkways or~ each side of the ondge, cu. ........ .. interchange. The
White Lane to south of planz Road Overcrossing, and landscaping the
soundwa~l is 100% funded with State Transportation improvement Program ($339,320) and the
remaining improvements are funded with Transportation Development Funds. Two acceptable
· were received. Staff recommends award to Granite Construction Company, and the
b~ds . -'-- -, ¢,~n no0 Transportation Development Fund balance to the CIP budget.
appropnauun u~ ,, .... --- -
ttem 8~C°mmuni Develo ment Block Grant CDBG Action Plan Amendment No.
6 FY 2002 Amendment No. 8 FY 2001-02 and Amendment No. 9 FY 2000-01 · The
amendments are needed to better reflect the program and budget needs for key department
initiatives for the current year. The proposed amendments will reallocate CDBG and HOME funds
from various projects budgeted in FY 2000-01, FY 2001-02, and FY 2002-03 as follows: 1)
Realiocate $186,200 of uncommitted funds from various project savings from prior years and
income ~.~, ~,nn ~, HOME Investment Partnership
$70,000 of excess CDBG program ' for street improvements in CDBG eligible
· 2) Reprogram ~o~,~,,,, ,,,
neighborhoods in Southeast Bakersfield;
Program funds for the continuation of the Lead Based Paint Testing and Mitigation program as part
of the single family home occupied rehabilitation program; and 3) Transfer $110,000 from the
Business Loan Program to Union Avenue/Chester Avenue Street Improvement Project for needed
street improvement in CDBG eligible areas in Southwest Bakersfield·
HONORABLE MAYOR AND CITY COUNCIL
JULY 3, 2003
PAGE 4
Item 8ii. Appropriate $89,000 Fund Balance to the Capital Improvement Budqet within the Old
Town Kern Operatinq Fund for Deposit into the State Treasurer's Condemnation Fund for 630
Kentucky and 711 Lake Streets. On May 12, 2003, the Redevelopment Agency approved
resolutions of necessity to initiate litigation in the acquisition of property by eminent domain for
properties located at 630 Kentucky and 711 Lake Streets. Each person whose property is to be
acquired by eminent domain was given a reasonable opportunity to appear and be heard on the
matter, and there was no response. The Agency plans to construct a mixed-use senior housing
and commercial center between Lake and Kentucky, which includes: 1) Affordable senior housing
units (the proposed project will expand the available senior housing facilities in the plan area by 50
units); 2) Providing office, retail and commemial space, and an open-air Mercado area providing
market space for local certified growers; and 3) Eliminating blight within the Old Town Kern -
Pioneer Redevelopment Project Area.
Item 8ii. Appropriate $500,000 Cai HFA Loan Funds to the Southeast Redevelopment Project
Area, Housinq Fund for the Southeast Infill Housinq Proqram. The City was awarded a $500,000
Cai HFA HELP Loan to build affordable housing on scattered lots in Southeast Bakersfield.
Participating builders have up to 18 months to construct and sell the homes to qualified buyers.
Because of the high activity in the real estate market and associated demand for affordable
housing, contractors were able to perform quicker than anticipated. Subsequently, funds repaid to
us were not appropriated within our proposed budget for FY 2003-04. Staff is requesting the
appropriation of $500,000 in Cai HFA HELP Loan funds in order for Economic and Community
Development to re-administer this program during FY 2003-04. Phase II of the Southeast Infill
Housing Program will be launched July, 2003 and the $500,000 will be re-loaned. Since the
Agency assumed all rights and obligations under the program, staff is also requesting the transfer
of these appropriations and corresponding revenues to the Southeast Project Area, Housing Fund.
Item 811. Resolution Authorizinq the Requisite City Personnel to Request Additional Section 108
Loan Guarantee Funds for a Total of up to $4.6 Million for Construction and Rehabilitation of
Various Public Facilities. On June 11, 2003, Council authorized the requisite City personnel to
execute all documents as outlined above in order to apply for $4.1 million in Section 108 funds.
Subsequently, staff was notified that the interest rate will be significantly lower than anticipated.
Therefore, staff is proposing to borrow an additional $500,000 which will bring the total up to $4.6
million. The additional funds will help pay for the rehabilitation of Jefferson and Martin Luther King
Park pools and the spray park component, depending on various economic and construction
related circumstances. The annual repayment amount will remain at $327,000 per year for twenty
years, as we are borrowing at a much lower interest rate.
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. This Public Hearing was
continued from the regular Council Meeting of April 30, 2003. El Paso Corp, the owner of the
Plant, 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. City Fire Safety Services directed
that a fire access easement will be reserved within the vacated roadway to maintain emergency
access.
El Paso Corp. and the City agreed that the underlying fee ownership of the vacating area shall be
quitclaimed by El Paso to the City upon completing the vacation. When quitclaimed, the strip will
be used for a City bike path. Also, El Paso and the City will enter into a written Maintenance and
Use Agreement covering El Paso's payment contribution for road maintenance and their access
rights.
HONORABLE MAYOR AND CITY COUNCIL
JULY 3, 2O03
PAGE 5
This item is very similar to another vacation of Camino Grande Drive that occurs in the Consent
agenda and is for a section west of the burn dump whose adjacent property owners have agreed to
the vacation. This vacation is for the portion of Camino Grande east of the old County landfill site,
and requires a public hearing because adjacent property owners are affected by the street
vacation.
Item 9b. Resolution Adoptinq Fees Pursuant to the Cost Recovery Proqram. Staff last performed
a thorough review of all fees for calendar year 2002. Due to the state budget crisis and its effects
on the City's current and future financial status, this process was repeated. This item represents
the Phase II fees which are newly proposed fees, or restructured and modified fees which
required additional study and have not been increased during the past year. Due to the
current fiscal crisis, the proposed fees need to be increased to help avoid further budget
cuts and additional reductions in services.
Fees include: 1) Those that are development related, which were reviewed by the Building
Industry Association (BIA), their board and other affected industry groups; 2) Fire Safety Review
and Inspection fees; 3); Adjusted and new fees for the Recreation and Parks Department,
including those for the new McMurtrey Aquatic Center; and 4) An animal control fee schedule. It
must be noted that the City is now bound contractually to shelter animals; therefore,
approval of the animal control fees is critical. All fees are detailed in the administrative
report.
REPORTS
Item 10a. Ambulance Rate Review / Ambulance Rate Modification Study. At the April 30th Council
meeting, the City retained the consulting firm of Health Analytics to perform a rate modification
study to analyze the rate increase requested by Hall Ambulance Co. The study is complete and
includes ambulance rate survey information, a financial analysis and information such as the
impact of Medicare rate changes relative to the proposed ambulance rates. The Consultant is
recommending a 31.3% increase, which would allow Hall Ambulance a 12.5% profit margin, based
on their current cost and expected collection rates under the new ambulance charges. Additional
recommendations are made for changing the rate request process. Council may discuss the report
and take action at this meeting, or consider further discussion and action on the proposed rates at
the July 30~h Council meeting.
AT:AC:al
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Workshop
ITEM: g.,, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kurtz, Economic Development Director
June 24, 2003
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
ClTY MANAGER
Presentation by Kern Economic Development Corporation
RECOMMENDATION:
BACKGROUND:
As part of Kern Economic Development Corporation's (KEDC) agreement, they are required to "make a
presentation at a City Council workshop to provide an update on all of KEDC's activities designed to
attract new businesses to Bakersfield."
KEDC President and CEO Patrick J. Collins will make the presentation.
S:~Admins\City Council\KEDC workshop.doc
6/24/2003 1:25 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Workshop
ITEM: ~, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
June 30, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Update on Animal Control Service and Transition to the City of Bakersfield
RECOMMENDATION:
BACKGROUND: Trudy Slater, Administrative Analyst, will give an update on animal control service and
the transition to the City.
June 30, 20031 11:02AM
S:',Admin Rpts~003~Animal Control workshop 070903.dot
AC:al
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Workshop
ITEM:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
June 30, 2003
CITY MANAGER
Workshop by Fire Dept on Truck Company Operations.
APPROVED
CITY ATTORNEY ~
RECOMMENDATION:
BACKGROUND:
Fire D. eputy Chief Dean Clason will be presenting information on Truck Company Operations.
SC
June 30, 2003, 10:05AM
T:\Clerk~Agenda~AD MIN FOR M.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Workshop
ITEM: ~,0. c~.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
June 26, 2003
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY ~ -
ClTY MANAGER
City Council Goal Setting
(Council will recess to the City Manager's Conference Room to discuss this item.)
RECOMMENDATION:
Council determination.
BACKGROUND:
This item includes a review and update of the City Council Goals which were adopted by the City Council
on April 24, 2002. The Council may choose to update these goals or make additional modifications as
desired. A status report on the status of the current goals is provided for your information.
The current financial crisis, coupled with our receipt of a record number of grants, creates an unusual set
of circumstances.
Public Safety has been Council's top priority with streets shortly behind. That is unlikely to change when
the goals are updates. The odd circumstance is that the State actions targeting our budget are aimed at
the General Fund--predominantly public safety and streets. At the same time, we have been successfully
in obtaining grants for housing, beautification, environmental clean-up, parks, recreational vehicles parks,
and other priorities which are not as high as the priorities above for which the funding is threatened.
The bottom line is our funding may not match our priorities. We should continue to keep items on the
Council Goal list which are secondary in nature because there are opportunities to advance them through
grants.
The City Manager and Department Heads recently reviewed the goals and a report is also included which
has several recommended changes to the goals based on their completion, changes in their status or for
clarification purposes. Additions are shown in red-line (shaded format) and deletions are shown as strike-
outs.
The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020 report and
provide policy guidance to staff for budgetary and program implementation.
June 26, 2003, 10:35AM
S:~Admin Rpts~003\Council goals admin-07-09-03 workshop.doc
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
IAGENDA SECTION: Closed Session
ITEM: ,~. CL.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
June 19, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Conference with Real Property Negotiators pursuant to Government Code section 54956.8
Property: Commercial Retail/Industrial Complex 5455 A-B and 5601 A-C Rosedale
Highway, Bakersfield, California
Agency Negotiators: Real Property Manager Donald Anderson
Negotiating Parties: Charles A. Magnus
Under Negotiation: Price and terms of payment for purchase
RECOMMENDATION:
BACKGROUND:
BJT:dll
June 19, 2003, 4:41 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. (~,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
APPROVED
DEPARTMENT HEAD~
June 27, 2003 CITY ATTORNEY
CITY MANAGER
Approval of minutes of the June 25, 2003 Council meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
pi
S:\Council\admins~003~JUNE 13, 2003.DOT
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: 9. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 26, 2003
APPROVED
DEPARTMENT HEAD
c,Ty
CITY MANAGER
Approval of department payments from June 13, 2003 to June 26, 2003 in the
amount of $6,813,099.78 and self insurance payments from June 13, 2003 to
June 26, 2003 in the amount of $174,491.53.
RECOMMENDATION:
Staff recommends approval of payments totaling $6,987,591.31.
BACKGROUND:
klg
June 26, 2003, 2:47PM
S:\KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: 8' C'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
June 26, 2003
AP OVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER ./'~
An Ordinance of the City of Bakersfield amending Section 13.12.030 B. of Chapter 13.12 of
the Bakersfield Municipal Code updating the list of standard manuals adopted by the City of
Bakersfield to be the development improvement standards and specifications.
RECOMMENDATION: Staff recommends adoption of ordinance.
BACKGROUND: The City of Bakersfield's Public Works Department uses several design manuals,
reference standards and specifications in order to ascertain the need for, and manner of construction of
improvements which are constructed in connection with development in the City. These standards, which
come from state, national and international agencies and organizations, and were officially adopted by the
City through an ordinance adding Chapter 13.12 to the Bakersfield Municipal Code, have been revised
through the years.
In order to resolve materials' conflicts, remain in compliance with design immunity, and stay compliant with
state and federal laws, the City desires to amend Section 13.12.030 of the Bakersfield Municipal Code, by
updating the list of standard manuals.
The ordinance received first reading at the June 25, 2003 Council meeting.
June 17.2003, 10:40AM
G:\GROUPDA'F~ADMINRpT~2003\07-09\DevelopSlandOrdRev dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 11,2003
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER
AP. PROVED
Delinquent Sewer User Charges:
1. Resolution providing for the establishment of separate special assessment funds for
Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the
collection of delinquent sewer charges.
2. Resolution authorizing the Kern County Tax Collector to collect said charges.
RECOMMENDATION: Staff recommends adoption of Resolutions.
BACKGROUND: Each year the City Council transfers the function of collecting the charges for sewer
service to the Kern County Tax Collector by resolution. Currently, the charges placed on the property tax
roll only cover services in existence at the time the tax roll is prepared.
Charges for sewer service that start after the tax roll is prepared have been billed on a prorated basis
through the City's accounts receivable billing system by the Finance Department. When an account is 90
days past due, a demand letter is issued to the property owner who established the account. If the
demand letter is returned without a forwarding address or if the property is under foreclosure, the amount
billed has historically been written off as uncollectible.
in the last five years, $17,117 has been written off as uncollectible due to staff being unable to locate prior
property owners who were responsible for these delinquent charges.
By establishing these new funds and transferring the collection to the Kern County Tax Collector, the City
would be able to collect those delinquent sewer charges that would, otherwise, need to be written off. In
addition, staff would no longer have to monitor/investigate these delinquent accounts.
June 27, 2003, 10:45AM
G:\GROUPOAT't, ADMINRPT'~2.003~7-09\Wastewater Deliquent Accts.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~', C,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: June 27, 2003 CITY ATTORNEY
CITY MANAGER . ,
SUBJECT:
A Resolution of the Council of the City of Bakersfield designating certain city personnel as
certifying officers authorized to execute Environmental Review Record pursuant to Federal
Law.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In accordance with the National Environmental Policy Act (NEPA) and 24 CFR Part 58, a unit of general
local government (responsible entity) who annually executes a HUD grant agreement for funds assumes
responsibility for complying with NEPA laws and regulations. Under NEPA laws and regulations, only the
responsible entity's certifying officer has the authority to execute documents concerning federal
environmental review, decision-making and environmental action. In order to streamline the administrative
and procedural implementation of future environmental review responsibilities, the attached resolution
authorizes city officials in addition to the City Manager who can execute certain federal environmental
assessments.
Beginning FY 2003-04, this resolution would allow HUD to accept staff signatures in addition to the City
Manager's, as Certifying Officer for projects requiring HUD environmental review. By federal regulation,
the Certifying Officer is responsible for ensuring that any conditions, procedures and requirements
resulting from the environmental review process are incorporated into project plans and become
implemented.
The resolution states that the City Manager or Assistant City Manager be the Certifying Officer for all
environmental assessments (EAs) requiring publication and submission to HUD for authority to use grant
funds, in addition, the resolution also states it is the City's intent to have the Economic Development
Director or the Community Development Coordinator be the Certifying Officer for the simpler EAs, which
do not require such publication and submission.
S:~Admins\City Council\HUDReso.doc
6/27/2003 8:57 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: '~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
June 26, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A Resolution of the City Council of the City of Bakersfield Regarding the Use of Housing
Set Aside Monies Outside the Downtown Redevelopment Project Area. (Ward 2)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
In September, 2002, the Redevelopment Agency authorized the acquisition of approximately 7.5 acres
north of Central Park for the purpose of encouraging the development of quality, affordable single family
housing in the downtown. On June 11, 2003 Council approved the Disposition and Development
Agreement and transferred the property to Parkview Cottages, LLC and Parkview Builders, LLC for the
development and construction of 74 urban craftsmen style homes on this parcel.
California Redevelopment Law requires redevelopment agencies to set aside twenty percent (20%) of the
total tax increment received and place those moneys in a Low-and Moderate-Income Housing Fund.
Redevelopment law permits a redevelopment agency to expend those housing set-aside monies outside
the project area from which they were generated only upon a finding by the redevelopment agency and
the City Council that such expenditure will benefit the project area from which the funds were generated.
The CalHFA loan received to finance the acquisition of this property is a 3% simple interest loan deferred
for a period of 10 years. However, the loan may be repaid early at any time prior to the ten years without
penalty. Considered downtown in nature, the site of the single family urban project is immediately north of
Central Park and is technically located in the Old Town Kern-Pioneer Redevelopment Project Area, one
block from the border of the downtown area. The Downtown area currently generates approximately
$300,000 annually in housing set-aside funds. The Old-Town Kern area does not yet generate enough
increment and related housing set-aside to debt service a project of this size. The property was acquired
in October, 2002 with the loan funds, housing set-aside and note proceeds from the Superintendent of
Schools which will be paid off at the beginning of fiscal year 03-04. In addition, repayment of the CalHFA
loan will begin fiscal year 04-05 through year 9 of the loan. The resolution authorizes the use of
redevelopment housing set aside monies outside the Downtown redevelopment project in Old Town Kern.
S:~Admins\City CounciI\DTPA HousingFundsCottages.doc
6/26/2003 2:47 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: %.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 30, 2003
APPROVED
DEPARTMENT HEAD
CITY A'I'rORNEY
M*.^GE.
Resolution supporting the recommendation that the Metropolitan Bakersfield High Speed
Rail Terminal be located within a one-half mile radius of Truxtun Avenue at S Street in
downtown Bakersfield. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: At the Kern Council of Governments meeting of June 19, 2003, a Final Draft Report was
submitted by the Consultant hired to propose a location for the High Speed Rail Terminal in the
Bakersfield metropolitan area. The Consultant, Wilbur Smith Associates, has recommended that the
Metropolitan Bakersfield High Speed Rail Terminal should be located within a one-half mile radius of
Truxtun Avenue at S Street in downtown Bakersfield.
Adoption of this Resolution will emphasize that the City Council and City staff wholeheartedly endorse this
recommendation. Similarly, County of Kern staff has recommended that the County Board of Supervisors
select this location as the preferred site for the terminal. See attached July 1, 2003 letter from David Price
III, Director, County of Kern Resource Management Agency.
June 30, 2003, 11:39AM
G:\G ROU PDAT~ADMIN R PT~2.003\07-09'tHS R Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
IAGENDA SECTION: Consent Calendar
ITEM: '~. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2003
APPROVED
DEPARTMENT HEAD ///~-
ClTY ATFORNEY~~
ClTY MANAGER
Resolution determining that the purchase of 180 Motorola portable two-way radios cannot
be reasonably obtained through usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $480,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: In fiscal year 2002/2003, 200 of the then existing inventory of 380 obsolete police public
safety portable two-way radios were replaced for $478,000. The obsolete radios were purchased between
1988 and 1993 and were considered state of the art in the communications field of technology. The life
expectancy of portable radios in the public safety patrol environment is eight years. Parts for maintaining
the remaining obsolete inventory of radios are no longer available and their reliability has seriously
deteriorated.
The fiscal year 2003/2004 budget includes $480,000 to replace the remainder of the obsolete public safety
portable two-way radios inventory.
June 26, 2003, 3:33PM
G:\GROUPDAT~ADMINRPT~2003~07-09',2way radio Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA ~.:ECTION: Consent Calendar
ITEM: ~.'[.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 25, 2003
APPROVED
3EPARTMENTHEAD.~~_.~
CITY ATTORNEY
CITY MANAGER
Resolution Ordedng the Summary Vacation of Camino Grande Drive in the buffer area on
the west side of the County of Kem's China GraJe Sanitary Landfill site. 0Nard 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 th9 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
odginal landfill site has always been a pdvate County road. The County will maintain the vacated roadway
in the buffer area upon completion of the vacation.
City and County staffs and representatives of the cogeneratic:n 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
private road portion of Camino Grande Drive for access control. The groups also agreed that an
easement for City bike path purposes would be reserved o..,er the vacated roadway. The interested
parties understand that a bike path will run along the alignmen.', of Camino Grande Drive, 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 anti 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.
June 25, 2003, 12:16PM
G:\GROUPDAT~ADMINRPT~2003\07-09\Carnino Grande Vac Adrnin.dot
ADMINISTRATIVE REPORT
This item is very similar to another Vacation of Camino Grande Ddve 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 Headngs 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.
June 25, 2003, 12:16PM
G:\GROUPDA'r\ADMINRPT~2003\O7-09\Camino Grande Vac Admin.dot
ADMINISTRATIVE
REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEA~
DATE June 25, 2003 CITY ATTORNEY/ //'~' '
CITY MANAGER
SUBJECT: Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment
District 94-2(GosfordNVhite). Ward 6.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City of Bakersfield, Limited Obligation Bonds for GosfordNVhite
Assessment District 94-2 were issued on March 28, 1995 in the amount of $1,005,000 for
funding the construction of public improvements comprising of sewer lines, water lines, streets
and other incidental costs. These bonds are issued pursuant to the improvement Bond Act of
1915 of the California Streets and Highways Code.
The City has covenanted to initiate an Administrative Foreclosure for Assessment Districts when
delinquencies near 5% of the annual levy placed on the tax bill to pay the annual principal and
interest on the bonds. This Assessment District is close to the 5% threshold.
Assessment District 94-2(GosfordANhite) Delinquencies are comprised of 4 parcels owned by 4
property owners for a total of $5,197.67 in delinquent assessments. Assessment District
94-2(GosfordNVhite) Delinquencies are attached.
S:\C OREY\94-2ADMIN.DOC
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 19, 2003
DEPARTMENT HEAD A~ED
CITY ATTORNEY ~"~
CITY MANAGER ~
Assessment District No. 03-1, (Brighton Place/Silver Creek II), Resolution Preliminarily
Approving Engineer's Report, setting date for public hearing of protests. (Ward 4 & 6)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On April 30, 2003, Council adopted the Resolution Approving the Boundary Map,
Resolution of Intention 1296 and Resolution Approving the Acquisition Agreement.
The proposed district has two distinct subareas that will be constructed by the Developer (Castle & Cooke
California, Inc.) as follows:
1. Briqhton Place: This subarea is located south of the Kern River Freeway alignment,
west of Calloway Road, north of Stockdale Hwy and east of Allen Road. 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.
2. Silver Creek I1: This subarea is located south of Harris Road, east of Reliance Drive
and west of Ashe Road and north of Panama Lane. 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.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing
to hear protests on August 27, 2003.
Once the Resolution is adopted, the next step is to mail notices and have the Assessment Engineer
prepare and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be
ready for Council's adoption on the August 27, 2003 meeting just after the close of the protest
hearing.
The Preliminary Engineer's Report is on file at the City Clerk's Office.
jas
June 20, 2003, 8:13AM
G:\GROUPDAT~ADMINRpT~2003\07-09~AD03-1prelengrpt.doc.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
TEM: '~. I.
TO: Honorable Mayor and City Council .Azp~OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 19, 2003 CITY ATTORNEY ,~F--/'~~:~--
CITY MANAGER
SUBJECT:
Assessment District No. 03-2, (Buena Vista Ranch/Belsera II/Montara II/Olive Park II),
Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of
protests. (Ward 4 & 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On May 14, 2003, Council adopted the Resolution Approving the Boundary Map,
Resolution of Intention 1300 and the Resolution Approving the Acquisition Agreement.
The proposed district has four distinct subareas that will be constructed by the Developers (Centex Homes
and Olive Park Land Company).
1. Buena Vista Ranch: This subarea is located south of Harris Road, west of Mountain
Vista Drive, east of Buena Vista Road and north of Panama Lane. The improvements
include construction of Buena Vista Road and Panama Lane for the frontage of
tentative Tracts 6104 and including curb, gutter, sidewalk, median deposit, street lights,
wall monuments and block wall improvements.
2. Belsera Il: This subarea is located south of Snow Road, west of Calloway Drive, east of
Allen Road and north of Reina Road. The improvements include construction of on-site
public improvements for Tract 5831 Phase 3.
3. Montara: This subarea is located south of Snow Road, west of Jewetta Avenue, east of
Old Farm Road and north of Noriega Road. The improvements include construction of
on-site and off-site improvements for Tract 5829 Phase 4 and including curbs, gutters,
sidewalk, driveways and block walls.
4. Otive Park I1: This subarea is located south of Olive Drive, west of Jewetta Avenue,
east of Old Farm Road and north of Reina Road. The improvements include
construction of on-site and off-site improvements for Tract 6117 Unit 1 and including
curbs, gutters, sidewalk, driveways bike trail, storm drains, sump and block walls.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing
to hear protests on August 27, 2003.
June 20, 2003, 7:53AM
G:\GROUPDAT~ADMINRPT~2003\07-09~AD03-2prelengrpt.doc.dot
ADMINISTRATIVE REPORT
Once the Resolution is adopted, the next step is to mail notices and have the Assessment Engineer
prepare and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be
ready for Council's adoption on the August 27, 2003 meeting just after the close of the protest
hearing.
The Preliminary Engineer's Report is on file at the City Clerk's Office.
jas
June 20, 2003, 7:53AM
G:\GRO UP DAT~ADMI N RPT~2003\07-09~AD03-2 prelengrpt.doc.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
TEM: ~. FIq.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2003
DEPARTMENT HEAD ,~//~PROVED
CITY ATTORNEY //?~
CITY MANAGER ~
Resolution adding territory, Area 1-40 (Olive, Old Farm 3) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On June 25, 2003 the Council adopted Resolution of Intention No. 1303 to add
territory, Area 1-40 (Olive, Old Farm 3), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tentative Tracts No. 5829 Phase 4 and 5831 Phase 3. Area 1-40 is
generally bounded Snow Road on the north, a line 1/4 mile east of Old Farm Road on the east, a line 1/4
mile south of Olive Drive on the south and a line 1600 feet west of Old Farm Road on the west. This area
will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street
landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owner of the property described above which waive
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 Proposition 218 ballots indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision maps. Copies of the covenants are attached for reference.
Lvd
June 12, 2003, 4:58PM
G:\GRO U PDAT~,DMI N RPT~2003\07-09\M D 1-40 Est03,dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. r~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Resolution adding territory, Area 5-09 (Oswell, Hwy 58 SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (VVard 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On June 25, 2003 the Council adopted Resolution of Intention No. 1304 to add
territory, Area 5-09 (Oswell, Hwy 58 SE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tentative Tract No. 6140. Area 5-09 is generally bounded by
Highway 58 on the north, Sterling Road on the east, Zephyr Lane on the south and Oswell Street on the
west. This area will be under the park and streetscape zones of benefit and will be assigned the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, 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
June 13, 2003, 9:25AM
G:\GROUPDAT~ADMINRP'~2003\07-09\MD5-09Est03.dot
ADMINISTRATIVE
REPORT
IMEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 2, 2003
APPROVED
DEPARTMENT HEAD ~-
ClTY A'I-rORNEY _~
ClTY MANAGER
Resolution Endorsing Efforts to Develop a Memorandum of Understanding to Compel
Railroads to Implement Dust Control Measures in Railway Operations.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
During the City Council meetings of June 25, 2003, California State Senator Dean Florez made a
presentation to the Council concerning his proposed legislation addressing air pollution in the San Joaquin
Valley. During the presentation, Senator FIorez advised the Council he was collaborating with United
States Senator Barbara Boxer in an effort to develop a Memorandum of Understanding with rail companies
to control dust along the railroads. Council directed staff to provide the Council at the July 9, 2003, City
Council meeting a resolution endorsing the efforts of Senators Florez and Boxer to implement such a
memorandum of understanding. Attached is a draft Resolution for Council's consideration.
Staff has been attempting to obtain more information for Council's consideration, but as of the
preparation of this Administrative Report have been unable to obtain this information. In the event such
information is obtained prior to the City Council meeting, and it results in a modification to the Resolution, a
revised Resolution will be provided.
Staff recommends adoption of this Resolution.
BJT:dll
S:\COUNCIL~Admins\R RAJrMi~Adrnin.doc
July 2, 2003 - 10:$6 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2003
APPROVED
DEPARTMENT HEAD j~_._
ClTY ATFORNE~,~---~~
ClTY MANAGER ~
Resolution of Intention No. 1305 to add territory, Area 4-27 (Fairfax, Royal Coach) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving Public
Works Director's Report. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Lot 30 of
Tract No. 4621, to 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 4-27 (Fairfax,
Royal Coach), to the Consolidated Maintenance District. Area 4-27 is generally bounded by Royal Coach
Circle on the north, east and south, and Fairfax 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 developer to be recorded with the development of
the property. A copy of this covenant is attached for reference.
June 26, 2003, 3:20PM
G:\G ROUPDAT~ADMIN R PT~2003~07-09~'vlD4-27Ri03.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
IAGENDA SECTION: Consent Calendar
ITEM: 9. ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 26, 2003
APPROVED
DEPART~E"THEAD
CITY A'I-rORNEY
CITY MANAGER
SUBJECT:
Agreement with Childrens' Advocates Resource Endowment (CARE), a 501 (c) (3) not-for-
profit organization to purchase one (1) surplus Amkus Power Unit with two (2) spreaders
and cutting tools (jaws of life) from the City for $250.00.
RECOMMENDATION: Staff recommends sale of power unit with attachments.
BACKGROUND: The Finance Director has received a request from CARE to buy one (1) surplus power
unit with attachments for $250.00. The tool will be owned by CARE but stored on rescue vehicles at Mesa
Marin raceway for the specific purpose of rescuing people from the High School Motor Sports racing
division, comprised of local high school teams, in the event of entrapment in a track collision.
Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a
governmental entity or nonprofit organization shall be subject to confirmation and approval by the City
Council.
The items are being sold "as is and with all faults" to remove the City from any potential liability claims.
Purchasing Division
DW:ljm
P:~ADMIN~003 ADMIN\C03_0709_D_Sale of Surplus Amkus Power Unit.doc
June 26, 2003, 10:20AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
TEM: ~. ~.,
TO:
FROM:
DATE:
SUBJECT:
(4)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 25, 2003
APPROVED
DEPARTMENT HEAD
^TTORNE¥
CITY MANAGER
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with ADH Corporation for Tract 6140 Phase 1
located south of State Route 56 and east of Oswell Street. 0Nard 1)
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.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
June 25, 2003, 8:56AM
G:\GROUPDAT~ADMINRPT12003\07-09\MAP AND IMPROVEMENT AGR,dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: <~. ,5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 27, 2003
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Property Acquisition:
1. Approve Purchase Agreement, $400,000 with Keith & Mack Oil Company, Inc., to
purchase real property located in the south half of Section 11, Township 29 South,
Range 28 East, north of Alfred Harrell Highway and west of Fair[ax Road.
2. Appropriate $404,000 fund balance to the Capital Improvement Budget within the
refuse fund. (VVard 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City is acquiring land as a buffer for the City's former landfill located north of
Panorama Drive and west of Fair[ax Road. The property comprises approximately 91 acres of unimproved
land. The purchase price of $400,000 represents the product of negotiations with property owner and an
appraisal completed by Michael C. Burger, MAI, an independent fee appraiser.
A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services
Director. On June 19, 2003, the Planning Commission found the acquisition of this property consistent
with the Metropolitan Bakersfield 2010 General Plan.
6125/20038:56 AM
P:~ADMINFORM,wpd
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. ~c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2003
DEPARTMENT HEAD_~__Q...~
CITY AI-i'O RNEY.._~-~'~---
CITY MANAGER
License Agreement No. 03-24788 with Burlington Northern and Santa Fe Railway
Company, (5,800) to allow the City to construct the Communications and Data Conduits for
the Ice Center under their railroad tracks (Ward 2).
RECOMMENDATION: Staff recommends approval of License Agreement.
BACKGROUND: Currently, the City has communication and data conduits connecting from City Hall to
the Amtrak Station. The City will be extending the communication and data conduits from the Convention
Center southerly across the Burlington Northern Santa Fe railroad traclkz~,,at the abandoned "P" Street
crossing to the new Ice Center. This license will allow the City to install a steel carrier pipe holding four
4" conduits for current and future use by the City.
Currently the City is advertising for bids to install this carrier pipe estimated at $6,000. City crews will
install conduits once the carrier pipe is installed.
June 26, 2003, 1:41 PM
G:\GROUPDA'F~DMINRPT~003\07-09\License Agreement BNSF.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. cc.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 25, 2003 CITY ATTORNE.Y ./~
CITY MANAGER
SUBJECT:
Consent To Common Use between the City of Bakersfield and Chevron Pipe Line
Company for a pipe line easement within South Sterling Road. (Ward 1)
RECOMMENDATION: Staff Recommends approval of the Consent To Common Use.
BACKGROUND:
The Developer of Tract 6140, located south of State Route 58 and east of Oswell
Street is required to construct South Sterling Road adjacent to east boundary of the
subdivision. There is an existing Chevron Pile Line Company easement located in
proposed South Sterling Road. Upon acceptance of the street and improvements,
the City and Chevron will own easements and improvements which occupy the
same space. This Agreement consents to and establishes the guidelines for the
construction, reconstruction, maintenance and use of the easements and
improvements.
June 25, 2003, 1:41PM
G:\GROUPDAT~ADMINRP~2003t07-09\CONSENT TO COMMON USE WITH CHEVRON.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~'. ~/,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 25, 2003
DEPARTMENT HEAD P/~[OVED
CITY ATTORNEY~...~/~
CITY MANAGER ~
Consent To Common Use between the City of Bakersfield and Pacific Bell Telephone
Company for an easement within Oswell Street. (Ward 1)
RECOMMENDATION: Staff Recommends approval of the Consent To Common Use.
BACKGROUND:
The Developer of Tract 6140, located south of State Route 58 and east of Oswell
Street is required to construct Oswell Street adjacent to west boundary of the
subdivision. There is an existing Pacific Bell Telephone Company easement located
in proposed Oswell Street. Upon acceptance of the street and improvements, the
City and Pacific Bell Telephone Company will own easements and improvements
which occupy the same space. This Agreement consents to and establishes the
guidelines for the construction, reconstruction, maintenance and use of the
easements and improvements.
June 25, 2003, 2:22PM
G:\GROUPDAT1ADMINRPT~2003t07-09\CONSENT TO COMMON USE WITH PACIFIC TELEPHONE.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: '~. v,,/.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
June 27, 2003
DEPARTMENT HEAD qA, P~R~OVED
Agreements with California Water Service Co. for the construction cost sharing and
operations of Domestic Water Station L-208 located at Coffee Road and Norris Road (Ward
No.4)
1. Cost Sharing Agreement with California Water Service Company for engineering design
and construction of L-208 facilities
2. Agreement For Joint Use of Water Facilities with California Water Service Company for
use fee and operations of L-208 facilities
3. Appropriate $773,000 California Water Service Company share of project to the Water
Resources Capital Improvement Budget within the Domestic Water Fund.
RECOMMENDATION:
Staff recommends approval of agreements.
Staff recommends approval of the appropriation.
BACKGROUND:
Domestic Water Station L-208 is to be located at a 3 acre site near Coffee Road and Norris Road. The
City is the owner of the property. The City and California Water Service Co. (Cai Water) need additional
distribution capacity and water storage for this growing area of the City. The City had planned ~ two million
gallon storage facility in conjunction with a water well that has been drilled at the site. Cai Water planned a
storage tank and pumping facility in the same area. City and Cai Water staff met and determined a joint
constructed and operated facility would be more cost effective to build and have a reduced operational
cost. Cai Water has requested additional storage and pumping capacity be designed into the facility. The
Cost Sharing Agreement will allow Cai Water to share in the construction costs to increase the size of the
water tank to three million gallons, double the pumping capacity and add distribution piping at the station.
The Agreement for Joint Use of Water Facilities defines operational and ongoing fiscal responsibilities of
the station. The combining of the facilities and the joint operations of the City's share of the construction
project is estimated at $2,057,000 and Cai Water's share at $773,000. The City's share of the project is
currently budgeted in the Domestic Water Fund. The City of Bakersfield Water Board reviewed the
agreements at the January 22, 2003 meeting and recommended Council approval of the agreements and
the appropriation
June 27, 2003, 11:01AM
S:\2003 ADMIN RPTS~IL09WT1CC.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. x'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 16, 2003
APPROVED
DEPARTMENT HEAD
CITY ATI'ORNEY
CITY MANAGER
Traffic control signals and safety lighting on Route 99 at Ming Avenue (Ward 6):
Cooperative Agreement with Caltrans for installation of traffic control signals and
safety lighting on Route 99 at Ming Avenue, with City's share estimated at
$115,412.
Appropriate $115,412 Gas Tax Fund Balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: The City has been pursuing the installation of traffic control signals and safety lighting
on Route 99 at Ming Avenue cooperatively with the State Department of Transportation (Caltrans). This
agreement specifies the terms and conditions under which this project is to be engineered, constructed,
financed and maintained. The estimated cost for this project is $173,118 as summarized in Exhibit "A" of
the Agreement.
Caltrans will construct the project and the City will share in the total cost for the project. The City's share
is estimated not to exceed $115,412.
Installation of this traffic signal and safety lighting will enhance traffic flow and safety in this area.
June 23, 2003, 10:16AM
G:\GROUPDAT~ADMINRPT~2.003\07-09\Coop Agrnt 99-Ming Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~,~-
DATE: June 23, 2003 CITY ATTORNEY
CITY MANAGER ~.~
SUBJECT:
Amendment No. 1 to Agreement No. CA 03-001 in an amount not to exceed $30,000 (total
contract of $55,000) with Michael G. Marderosian for outside legal services in the matter of
O'Leary v. City of Bakersfield, United States District Court Case No. CV-F-01-6304 REC
DLB.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
In September, 2000, the Bakersfield Police Department responded to a fight outside a downtown tavern.
During the attempt to break up the fight, one of the combatants (Mr. O'Leary) resisted the officers'
attempts, and the officers were forced to use force. Mr. O'Leary is alleging a violation of his civil rights due
to excessive force, and a policy and custom of the Bakersfield Police Department promoting and/or
allowing such activity. The law firm of Marderosian, Runyon, Cercone & Lehman was hired to conduct
depositions and pursue a summary judgment on behalf of the City. The District Court ruled against the
City on the summary judgment motion, so the matter is now set for trial.
It is recommended the Agreement with the outside counsel be amended to provide a not to exceed
$55,000 compensation to cover the costs of police experts, additional discovery and other legal services
through the trial. The additional $30,000 is estimated to cover these activities. In the event unexpected
expenses arise, or additional legal expenses need to be incurred due to plaintiff's activities, an additional
amendment will be brought back to the Council for approval.
BJT:dll
June 30, 2003, 2;42PM
S:\COUN ClL~Admins~AttyRetainerAgrntAmendl .Marderosian. O'Lea~/.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. z..
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 20, 2003 CITY ATTORNEY
SUBJECT:
Transportation Impact Fee Agreement 0Nard 4):
1. Transportation Impact Fee Agreement with Soper Homes (reimbursement credit not to
exceed $193,336) for Tracts 6038 and 6139 located at the southwest comer of Brimhall
Road and Jenkins Road.
2. Appropriate $122,496 Traffic Impact Fee revenue to the Capital Improvement Budget
within the Transportation Development Fund for a reimbursement to developer for costs
to construct Brimhall Road between Westdale Drive and Jenkins Road.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: As part of the conditions for developing tracts 6038 and 6139, Soper Homes, Inc.
(Developer) is required to construct one east bound lane on Brimhall Road between Westdale Drive and
Jenkins Road. In addition, the City has requested that the Developer construct additional lanes on
Brimhall Road to facilitate traffic flow in the area. Both projects are on the Transportation Impact Facilities
List.
The total cost of these improvements to Brimhall Road is $315,831.20. The Developer has agreed to
receive transportation impact fee credits since they will construct the improvements. The credit will be
applied to lots within Tracts 6038 and 6139. The transportation impact fee credit shall not exceed
$193,336 and is based upon the number of lots within these 2 tracts. The City shall pay to the Developer
$122,495.20 which is the difference between the improvements' cost ($315,831.20) and the maximum
transportation impact fee credit allowable under this agreement ($193,336).
June 23. 2003, 3:01PM
G:\GROUPDAT'~ADMINRPT~2003\07-09\Soper TIF Credit 6038 and 6139 doc
MEETING DATE: July 9, 2003
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 12, 2003
APPROVED
DEPARTMENT HEAD //"(~
CITY ATTORNEY
CITY MANAGER
Transportation Impact Fee Agreement with Stone Creek Partners II, Inc. (reimbursement
credit not to exceed $57,394) for Tract 6125 Phases 1 and 2 located at the northwest
corner of Hosking Avenue and Akers Road 0Nard 7).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Stone Creek Partners II, Inc. has constructed a portion of Hosking Road between Stine
Road and Akers Road with their Tract 6125. Of the improvements constructed by Stone Creek, one
westbound lane is listed on the Transportation Impact Fee List. The Developer has requested that the
transportation impact fee credit available from this improvement be applied to lots within Tract 6125
Phases 1 and 2. The credit available is approximately $57,394.
June 24, 2003, 9:56AM
G:\GROUPDA'~ADMINRPT'~2003\07-09\Stoneceek TIF Credit 6125 phase 1,2.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. bb.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~/'~_.~
DATE: June 25, 2003 CITY ATTORNEY
c TY MANAGER
SUBJECT:
Lease Agreement with Community Services Organization - Behavioral Health Programs for
rental of a portion of 713 Lake Street. (VVard 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On April 9, 2003 the City Council approved the contract to purchase real property located at 713 Lake
Street from Community Service Organization. Escrow on that purchase is scheduled to close July 15
2003. A separate entity, Community Services Organization - Behavioral Health Programs, a California for-
profit corporation, currently rents approximately 4,000 square feet through a long-term lease from
Community Service Organization, Inc. The property consists of approximately 15,500 square feet.
That lease is set to terminate on June 30, 2004. However, that lease provides the tenant with a unilateral
option to stay on the property for two years after that termination date. While staff does not anticipate the
City will need possession of the property prior to June 30, 2004, the City will need possession shortly
thereafter. Therefore, staff has requested that the tenant agree to terminate the prior lease and execute
this current Lease Agreement.
Staff has been working to secure suitable replacement office space for the tenant in East Bakersfield. Due
to a variety of limitations, such as specific space needs for providing mental health services including
substance abuse and domestic violence counseling services, a service area boundary and exact location
dictated by Kern County Mental Health Department, and the requirements of the Americans with
Disabilities Act, a replacement location has not yet been secured.
This proposed Lease Agreement contains the following terms and conditions:
1. The prior lease will be terminated and this lease term begins July 15, 2003, and terminates on
June 30, 2004, at 5 p.m. After June 30, the tenancy can be extended on a month-to-month
basis.
2. Rent is $2,000 per month, the same amount charged by the previous landlord.
S:~Admins\City Council\CSO Lease Agreeement.doc
6/25/2003 9:53 AM
ADMINISTRATIVE REPORT Page 2
3. Rent is due to the City of Bakersfield on the first day of each month. If rent is not received
within five calendar days tenants will be assessed a $50 late charge. If a check is returned for
non-sufficient funds (NSF) an additional sum of $25 will be charged.
4. Tenant will pay for repairs and replacements caused by tenant, and landscaping maintenance.
5. Tenant will pay for all utilities.
6. Tenant will provide insurance and name City as additional insured.
7. Tenant can terminate the tenancy by giving a written five- (5) day notice.
Staff will continue to work with the tenant to find a suitable replacement facility. When that facility has
been found and the tenant has been relocated, the building will be scheduled for demolition.
S:~Admins\City Council\CSO Lease Agreeement.doc
6/25/20039:53 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: <~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2003
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER
Contract Change Order No. 2 to Agreement No. 03-053 with P & J Electrical Construction
for $3,236 (for a revised total contract amount of $40,865.57) for the Replace Fire Alarm
System in City Hall Annex Building Project (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: During installation of the new fire alarm devices on the first and second floors of the
Annex Building, the Contractor discovered that the existing drop ceiling utility boxes were unsupported.
Currently, these utility boxes are set unsupported in the ceiling tiles. This Change Order will provide that
all utility boxes in the drop ceilings are properly supported. Sufficient funds are available in this project's
budget to fund this Change Order.
June 26, 2003, 3:56PM
G:\GROUPDAT~ADMINRP'r~.003\07-09\CCO No. 2 Replace Fire Alarm System - 2.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 19, 2003
Mohawk Sewer, Phase II (Ward 2):
DEPARTMENT HEAD ~VED
CITY ATrORN EY~,..,,/~-~
CITY MANAGER /' tc'.'
1. Contract Change Order No. 2 to Agreement No. 02-163 with Utah-Pacific Construction
for $28,649.63 (for a revised total contract amount of $2,323,070.39) for the Project.
2. Appropriate $29,000 Sewer Enterprise Fund Balance to the Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation.
BACKGROUND: During the course of the project, several conditions have arisen which are considered
extra work to the contract as follows:
· A concrete support must be placed under a plug valve in order to prevent settling of this valve and
ultimately the sewer pipe. The contractor has agreed to a lump sum price of $629.05 to place this
concrete support.
· In order to provide for future sewer service, additional sewer inlet pipes need to be placed in a
manhole on Mohawk Street. The contractor has agreed to a lump sum price of $2,785 to install these
pipes.
· During the excavation of the sewer trench, a large amount of abandoned metal pipe and some
concrete slabs were discovered within the sewer trench. The contractor has agreed to a lump sum
price of $2,759.88 to remove and dispose of these items.
· The sewer line must be rerouted from the original planned location at the east end of the project due to
several conflicting utilities. As such, an existing manhole must be abandoned. The contractor has
agreed to a lump sum price of $1,435.60 to abandon this manhole.
· The contractor must raise two survey monument pads and three water valve access covers to the new
pavement grade. The adjustment of these facilities is necessary due to required field adjustments in
the alignment of the sewer pipe. The contractor has agreed to a lump sum price of $1,361.09 to do
this work.
· After grading the roadway on Mohawk Street, it was noticed that the new roadway would be higher
than the existing railroad tracks running across Mohawk Street. As such, the roadway must be
regraded in order to provide smooth driving transitions at the Railroad crossing. The contractor has
agreed to a lump sum price of $8,036.63 to do this work.
July 19, 2003
G:',GROUPDAT~ADMINRP~2003\07-09/Mohawk Sewer Ph I[ CCO 2doc
ADMINISTRATIVE REPORT
In addition to the above work, a large number of oil lines have been discovered during the sewer
excavation process. The existence and location of these oil lines were not known prior to the excavation
of the sewer trench. The contractor has suffered delay damages for having to protect these previously
unknown oil lines while installing the new sewer pipe. The contractor has agreed to accept a lump sum
price of $57,441.38 as full compensation for the delays caused by the unknown oil lines.
This contract calls for the contractor to spray an oil dust binder on property owned by Hal Blackburn after
the placement of the sewer line which runs across his property. This dust binder was thought to be
necessary to restore the surface to its original condition. A different type of existing surfacing was
discovered during excavation of the sewer trench which requires a surface treatment other than the oil
dust binder. As such the contractor will not have to place the oil dust binder in this area. The contractor
has agreed to credit the City $6,000 for not having to place the dust binder.
Several items in the contract were either increased or decreased in quantity due to field conditions. These
increases and decreases have resulted in a net credit of $39,799.00 to the contract. The actual increases
and decreases in the contract item quantities is outlined in Change Order No. 2.
An appropriation of fund balance is needed to fund this change order.
July 19, 2003
G:\GROUPDATX,ADMINRPTx2003\07-09\Mohawk Sewer Ph 11 CCO 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ~_..~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 24, 2003
APPROVED
DEPARTMENT HEAD ..~.
CITY ATrORNE'~'~'~
CITY MANAGER
SUBJECT:
Accept bid from Rehrig Pacific Company $288,915.25, for 7,125 carts for refuse, green
waste, and recyclables for the Solid Waste division of Public Works within the Refuse Fund.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to four (4) vendors. Two (2) bids were received, June 19,
2003, as follows:
Rehrig Pacific Company
4010 East 26th Street
Los Angeles, CA 90023
Toter, Incorporated
841 Meacham Road
Statesville, NC 28677
in the amount of
in the amount of
$288,915.25
$298,212.89
Purchasing Division
DW:ljm
P:~ADMIN~003 ADMIN\C03_0709B_Refuse Green Waste & Recyclcables.doc
PAGE 1 OF 1 PAGES
June 25, 2003, 8:29AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~.-*~-~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 26, 2003
APPROVED
DEPARTMENT HEAD ~
CITY MANAGER
SUBJECT:
Accept bid to award annual contract to Kern Sprinkler Landscaping, not to exceed
$75,000.00, for irrigation and landscaping services for the Recreation and Parks
department.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract will be used primarily by the Recreation and Parks department for
improvements to median islands throughout the City of Bakersfield. Invitations to bid were sent to six (6)
vendors. One (1) bid, from the current contractor, was received on June 6, 2003, with no increase in price
over current contract prices.
Purchasing Division
DW:ljm
P:~ADMIN~003 ADMIN\C03_0709_C_AC Kern Sprinkler Landscaping.doc
June 26, 2003, 8:37AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
,TE :
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Raul Rojas, Public Works Director DEPARTMENT HEAD ~
June 30, 2003 CITY ATTORNEY ~
CI_TY MANAGER/~//J/
Interchange of State Route (SR) 99 at White Lane - Overcrossing Wide/0Yr~, IntE
Improvements, construction of Sound Barrier, and Landscap ng Projec(Z(X-Nard 7'
1. Accept bid to award contract ($5,624,075) to Granite Construction Co.
2. Appropriate $450,000 Transportation Development Fund balance to the Capital
Improvement Budget.
~hange
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of
appropriation.
BACKGROUND: On March 6, 2002, the City entered into agreement with URS Corporation for preparing
plans, specifications and estimates to improve the interchange of State Route 99 at White Lane.
Improvements to the interchange consist of widening the south side of the bridge by 24 feet, installing
barrier rail on the north side of the bridge, modifying the NB on ramp, realigning NB off ramp, constructing
a soundwall adjacent to NB off ramp, installing a new traffic signal at the intersection of White Lane and
NB off ramp, modifying the existing traffic signal at SB off ramp, installing traffic signal interconnect on
White Lane from Hughes Lane to Wible Road, adding pedestrian walkways on each side of the bridge,
constructing a NB auxiliary lane from White Lane to south of Planz Road Overcrossing and landscaping
the interchange. The soundwall is 100% funded with State Transportation Improvement Program
($339,320) and the remaining improvements are funded with Transportation Development Funds.
On May 28, 2003, plans and specifications were approved to advertise for construction bidding. On June
26, 2003, two acceptable bids were received as follows:
Granite Construction Co.
3000 James Road
Bakersfield, CA 93308 (County)
In the amount of
$5,624,075.00
Griffith Company
1898 S. Union Avenue
Bakersfield, CA 93307 (City)
In the amount of
$6,025,000.00
Engr. dc
June 30, 2003, 1:32PMG:\GROUPDAT~ADMINRPT~2003\07-09~Admin Rpt White Ln Widening at SR99,doc
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: 6. h~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
June 27, 2003
APPROVED
CITY MANAGER ~/~
Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 6
(FY02/03), Amendment No. 8 (FY 01/02) and Amendment No. 9 (FY 00/01). (WARDS All)
1. Transfer $173,500 operating programs and Capital Improvement Project savings and
appropriate $83,500 program income to the Community Development Block Grant Capital
Improvement budget for Southeast Area Street Improvements.
2. Transfer $110,000 from the Economic and Community Development Operating Budget
(Business Loans) to the Capital Improvement Project Budget in the Community
Development Block Grant fund for Chester/Brundage and Union/6th Street, Street
Improvements.
3. Transfer $50,000 uncommitted prior year savings to the Economic and Community
Development Operating Budget within the HOME fund for the Lead Based Paint Program.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendments affect CDBG program funds. The amendments are
needed to better reflect the program and budget needs for key department initiatives for the current year.
The proposed amendments will reallocate CDBG and HOME funds from various projects budgeted in FY
00/01, FY 01/02, and FY 02/03 to the following CDBG eligible projects.
The amendment will reallocate $186,200 of uncommitted funds from various project savings from prior
year and $70,000 of excess CDBG program income for street improvements in CDBG eligible
neighborhoods in Southeast Bakersfield. In addition, this amendment will reprogram $50,000 in HOME
Investment Partnership Program funds for the continuation of the Lead Based Paint Testing and Mitigation
program as part of the single family home occupied rehabilitation program.
S:~Admins\City Council\action plan amend 7-9-03.doc
612712003 11:43 AM
ADMINISTRATIVE REPORT .age =
The attached public notices were published May 23, 2003 and June 3, 2003 to begin the 30-day public
comment period for these amendments, to date no public comments have been received.
Finally, this amendment will transfer $110,000 from the Business Loan Program to Union Avenue/Chester
Avenue Street Improvement Project for needed street improvement in CDBG eligible areas in Southwest
Bakersfield.
Addl
AMENDMENT NO. 6 FY 02/03 ACTION PLAN - B-02-MC-06-0510
Project Title & Description
Project ID Available
Activity Code/ Amount of
Citations Funds
Budget
Changes
Revised
Total
Fundin!
Southeast Bakersfield Street Improvement 03K $0
Projects Street improvements to include street Street Improvements
reconstruction, curb and gutter, sidewalks and other 570.201(c)
improvements in various CDBG Areas. 0Nard 1)
* Uncommitted funds from various project savings from prior years. **Excess Program Income
$186,200'
$70,800**
$257,000
AMENDMENT NO. 8 FY 0t/02 ACTION PLAN - B-O1-MC-06-0510
Project ID Available Budget Revised
Project Title & Description Activity Code/ Amount of Changes Total
Citations Funds Funding
Reduce
Business Loan Pro,qram Finance assistance to 18A $152,000 ($110,000) $42,000
qualified private for-profit entities to stimulate private ED Direct Financial
investment and job creation. (City-wide) Assistance to For-
Profits
570.203(b)
Add
Union Avenue/Chester Avenue Street 03K $0 $110,000 $110,000
Improvement Projects Street improvement to Street Improvements
include street reconstruction, curb and gutter, 570.201 (c)
sidewalks and other improvements in area bounded
by Union Avenue between 6th & 7th streets and the
intersection of Chester Avenue and Brundage Lane.
(Ward 1 )
AMENDMENT NO. 9 FY 00101 ACTION PLAN - M-02-MC-06-0510
Project Title & Description
Project ID
Activity Code/
Citations
Available
Amount of
Funds
Budget
Changes
Revised
Total
Funding
~crease
Lead Based Paint Testinq and Mit~qation Testing
and removal of lead based paint for qualified Iow-
income residents. (City-wide)
141
Lead Based/Lead
Hazard TestJAbate
57O.202
$75,000
$50,000***
$125,000
*** Excess HOME Program Income
S:~Admins\City Council\action plan amend 7-9-03.doc
6/27/200311:43 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM: <~. i~'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
June 27, 2003
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
APPROVED
Appropriate $89,000 Fund Balance to the Capital Improvement Budget within the Old Town
Kern Operating Fund for deposit into the State Treasurer's Condemnation Fund for 630
Kentucky and 711 Lake streets. 0Nard 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On May 12, 2003, the Bakersfield Redevelopment Agency approved resolutions of necessity to initiate
litigation in the acquisition of property by eminent domain for properties located at 630 Kentucky and 711
Lake streets. Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235
requires that the Agency give each person whose property is to be acquired by eminent domain a
reasonable opportunity to appear and be heard on the matter; there was no response. The specific
findings of fact which support the Redevelopment Agency's actions include: 1) the Agency plans to
construct a mixed-use senior housing and commercial center between Lake and Kentucky; 2) to construct
affordable senior housing units - the proposed project will expand the available senior housing facilities in
the plan area by 50 units; 3) to provide office, retail and commercial space, and an open-air Mercado area
providing market space for local certified growers; and 4) eliminate blight within the Old Town Kern -
Pioneer Redevelopment Project Area.
These funds will be deposited into the State Treasurer's Condemnation Fund for initiation of applicable
proceedings pursuant to Code of Civil Procedure Section 1245.230-340.
S:~Admins\City Council\OTK630 Kentucky711 LakeApprop.doc
6/27~2003 11:34 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
June 30, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Appropriate $500,000 Cai HFA Loan Funds to the Southeast Redevelopment Project Area,
Housing Fund for the Southeast Infill Housing Program. 0Nard 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City was awarded a $500,000 Cai HFA HELP Loan to build affordable housing on scattered
lots in southeast Bakersfield. The loan, approved by the City Council in May, 2001, has an
interest rate of 3% per annum over a term of ten years, with no payments due until year ten. The
RDA assumed all rights and obligations of the Loan on February 26, 2003.
During Phase I of the program, HELP loan funds were disbursed to participating contractors.
Pursuant to the contractor agreements, participating builders have up to 18 months to construct
and sell the homes to qualified buyers. Because of the high activity in the real estate market and
associated demand for affordable housing, the contractors were able to perform quicker than
anticipated. Subsequently, funds repaid to us were not appropriated within our proposed budget
for 03-04. Staff is requesting the appropriation of $500,000 in Cai HFA HELP Loan funds in order
for Economic and Community Development to re-administer this program during fiscal year 03-04
to continue the program. Phase II of the Southeast Infill Housing Program will be launched July,
2003 and the $500,000 will be re-loaned.
Since the Agency assumed all rights and obligations under the program, we are also
requesting the transfer of these appropriations and corresponding revenues to the Southeast
Project Area, Housing Fund.
S:~Admins\City Council\CalHFAApp ropriation FY0304.doc
6/30/2003 10:19 AM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
ITEM: ~'. kK.
AGENDA SECTION: Consent Calender
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 27, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER., ~
SUBJECT: Approval of final payment of Thirty Six Thousand Eight Hundred Eighty Dollars ($36,880) to
BH Investments for granting City Permanent and Temporary sewer line Construction easements
(agreement number 5481 & 5482), for the Mohawk Sewer Project (Ward 4).
RECOMMENDATION: Staff recommends approval of final payment
BACKGROUND:
On August 8, 2001, Council approved the independent real estate appraisal by George L. Green, MAI
determining just compensation of $4,827 for the permanent easement and $2,070 per month until
completion of project for the temporary construction easement to build the Mohawk Sewer across
Assessors Parcel Number 332-260-03.
On November 30, 2001, the City of Bakersfield Public Works Department, under authority granted by
council under Resolution No. 63-92 adopted April 8, 1992, entered into Temporary and Permanent
Easement agreements 5481 & 5482 as part of an Administrative Settlement with BH Investments granting
the city a section of the right of way needed to build the Mohawk Sewer Project. Over the course of the
ongoing construction, City has paid for the permanent easement, right of way clearing expenses and
maintained rental payments for the temporary construction easement under these easement agreements
covering the past 15 months for a total amount of $52,017.
On June 11, 2003, BH Investments and City reached a final settlement agreement to terminate all
compensatory interest under the easement agreements (attached). The city agreed to pay for an
additional four months easement rental of $8,280 (necessary for city contractor to make final repairs to the
sewer line before final acceptance) and $8,000 to move additional stored inventory to re-excavate portions
of the pipeline for repairs. In addition, BH Investments agreed to a final settlement of $20,600 for replacing
driveway material called for under a construction contract change order in the amount of $23,280, saving
the city $2,680. An impasse would have further delayed releasing the city of its compensatory rental
obligations. Additional savings will be realized when final payment to the prime contractor is made as no
further change orders for additional driveway reconstruction will be necessary. Including final payment~
total compensation and replacement expenses for this parcel will be $88,897.
jws
6/26/20034:09 PM
P:~ADMINFORM.wpd
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: July 2, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield Authorizing the Requisite City Personnel
to Request Additional Section 108 Loan Guarantee Funds for a total of up to $4.6 Million for
Construction and Rehabilitation of Various Public Facilities. 0Nards 1 & 2)
RECOMMENDATION:
Staff recommends adoption of the resolution and authorize Requisite City Personnel to execute any
documents required by HUD.
BACKGROUND:
On June 11, 2003, Council authorized the requisite City personnel to execute all documents required to
access Section 108 Loan Guarantee Funds of $4.1 million for construction and rahabilitation of vadous
public facilities. Subsequently, the Economic and Community Development Department was notified by
the Department of Housing and Urban Development that the interest rate for the Section 108 offedng in
August, 2003, will be significantly lower than originally anticipated. The original rate was 4.76%, the actual
rate should be between 3.5% to 3.75%. Therefore, since the interest rate will be lower than originally
anticipated, staff is proposing to borrow up to an additional $500,000 bdnging the total loan amount to $4.6
million. These additional funds will be used toward the rehabilitation costs of the Martin Luther King, Jr.
and Jefferson Park swimming pools and the spray park component depending on various economic and
construction related circumstances.
The annual repayment for the Section 108 Loan will be made from Community Development Block Grant
funds. The original amount was estimated to be approximately $327,000 per year for twenty years. This
annual payment will remain the same since only the principal amount is being increased and we are
borrowing at a much lower interest rate.
The resolution authorizes the requisite staff to request up to an additional $500,000 from the Department
of Urban and Housing Development to be included in the August, 2003 offering. All associated federal
documents will be amended subsequent to the offering.
S:~Admins\City Cou ncil~ection 108$4.6mamend ed.doc
7/2/2003 2:39 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 24, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Continued Public Hearing for Resolution ordering the Vacation of Camino Grande Drive
along the north side of the Bear Mountain Cogeneration Plant. 0Nard 3)
RECOMMENDATION: Staff recommends approval of the Vacation.
BACKGROUND: This Public Hearing for adoption of Resolution has been continued from regular Council
Meeting of April 30, 2003.
Bear Mountain Cogeneration Plant is accessed by Camino Grande Drive 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. El Paso Corporation, owner of 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.
Representatives of the Cogeneration Plant, The County of Kern 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.
However, El Paso Corp. 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. El Paso Corp. and the
City have agreed that the underlying fee ownership of the vacating area shall be Quitclaimed by El Paso to
the City upon completing the vacation. When Quitclaimed, the strip will be used for a City bike path,
June 24, 2003, 9:03AM
G:\GROUPDAT~ADMINRPT~2003\07-09\Pub Hearing Camino Grande Admin.doc
ADMINISTRATIVE REPORT
Cogeneration Plant Access, Public Utility purposes and City and County Municipal Services. The City will
also agree to El Paso erecting a gate across the bike path with a design to be approved by the City.
Also, El Paso and the City will enter into a written Maintenance and Use Agreement covering El Paso's
payment contribution for road maintenance and their access rights. The Resolution to Order Vacation
shall not be recorded until the Agreement is approved and signed by the necessary parties.
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.
On January 21, 2003, Council adopted Resolution of Intention No. 1289 declaring its intention to order the
Camino Grande Drive Vacation and setting March 12, 2003, as the date for Public Hearing. The hearing
date was subsequently continued t April 30, 2003, and then to July 9, 2003, by Council approval.
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 of the old County landfill
site, while the item on Consent is for Vacation of a section west of the burn dump.
This item requires a public hearing 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.
Notice of this hearing has been mailed to all land owners within a 300' radius and this hearing has been
duly advertised and posted on site as required by law.
June 24, 2003, 9:05AM
G:\GROUPDAT~ADMINRPTt2003\07-09\Pub Headng Camino Grande Admin.doc
MEETING DATE: July 9, 2003 t AGENDA SECTION:
ITEM: ~. ~.
ADMINISTRATIVE REPORT
Hearings
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
June 24, 2003
DEPARTMENT HEAD
ClTY A'I'rORNEY
CITY MANAGER
Resolution Adopting Fees Pursuant to the Cost Recovery Program.
APPROVED
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 resolution following a public hearing. The City's procedure is provided for in Chapter 3.70
Of the Bakersfield Municipal Code.
The City's biennial review process includes a thorough review of all fees every two years to check
assumptions for labor costs, materials usage, etc. Staff last performed this review and Council adopted the
recommended fee changes at the April 30~h Council meeting. Due to the state budget crisis and its effects
on the City's current and future financial status, staff again reviewed of all fees to move closer to full cost
recovery where appropriate.
This administrative report represents the Phase II fees which include new proposed fees, or
restructured and modified fees which required additional study and have not been increased during
the past year. Due to the current fiscal crisis, the Phase II fees for services which do not fully
recover costs need to be increased to help avoid further budget cuts and additional reductions in
services. The Phase II increases are recommended by staff and are necessary to move closer to
recovering 100% of the cost of providing the service. If the Phase II fees are adopted by the City
Council, the additional estimated revenue generated will reduce the current subsidy provided by the
General Fund to these service centers. The exact amount of additional revenue is dependent upon
the number and types of services utilized by the public and will be evaluated mid-year to determine
the impact on General Fund revenues.
Fire Safety Review and Inspection fees are proposed to increase to recover the actual costs of
management and supervisory administrative salaries not previously captured but directly involved in the
service delivery.
As a result of the inability of the SPCA and the City of Bakersfield to come to a contractual arrangement
relating to animal control services for the City, the City has entered into a contract with the County of Kern
to assist in animal care as we transition into animal control. As a facet of this agreement, staff is
recommending the City Council adopt the animal control fee schedule currently in existence for Kern County
as part of the Proposed Master Fee Schedule for the City of Bakersfield which is included in this
administrative report.
ADMINISTRATIVE REPORT
Page 2
The Recreation and Park Department is proposing adjusted and new fees for most of the department fees.
Most of the current fees do not reflect increasing maintenance, labor and utility costs of operating the
programs. The department is moving toward establishing self-supporting fees and reducing the burden to
the General Fund, where appropriate. The proposed fees are comparable to other recreation and park
district fees. Staff is also recommending the establishment of fees for the new McMurtrey Aquatic Center
which are also included as part of this proposal and need to be adopted in anticipation of the opening of the
facility.
Development related fees have been reviewed by the Building Industry Association (BIA), their board and
other affected industry groups and they have taken a neutral position on the proposed fee inoreases. The
Development Services Department is requesting a modification to the master fee schedule to apply the
General Plan Maintenance fee to the building permits for new construction and collect as part of the building
permit process rather than at Site Plan Review consistent with State law. In addition, staff is proposing
some new fees in response to recent legislative changes and for services whose costs were not captured
and currently funded by the General Fund.
Staff is also proposing to charge a Business License Processing Fee for the initial business license and
renewal of business licenses to recover the cost involved of processing the license. This nominal
processing fee is currently charged by 46 California cities. Business and organizations that are "exempt"
from paying the business license tax (non-profit groups and others identified by ordinance) will not be
charged this fee.
Listed below is a 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 Proqram 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 services that staff is proposing to increase or modify to recover the actual cost
of providing the service.
RESTRUCTURED DEVELOPMENT FEES
A - INSPECTION FEES & SERVICES
A-5 STREET CUT INSPECTION $ 176
Street Cut Inspection - Per Additional Inspection $ 88
The current street cut inspection fee is $130 and additional inspections are $65. This fee is proposed to increase
35.4% to recover the cost of providing the service. Expenditures have exceeded revenues historically.
A-6 PUBLIC IMPROVEMENT INSPECTION $176 plus $1.04% of
project valuation
The current base fee is $120 plus 0.94% of the project valuation. This fee is proposed to increase 46.7% to
recover the cost of providing the service. Expenditures have exceeded revenues historically.
A-7 STREET ENCROACHMENT INSPECTION $ 150
The current base fee is $145. This fee is proposed to increase by 3.4% to recover the cost of providing the
service.
ADMINISTRATIVE
REPORT
Page 3
B - LAND USE REVIEW / PERMITS
B-26 MINOR LAND DIVISION REVIEW
Right of Way Vacation - Base Fee $1,285
Right of Way Vacation (Non Summary Vacation) $1,285 plus time and
materials over the base fee
The current fee for right of way vacation is $410. The amount of work for right of way vacations varies
tremendously and very few take place in Any one year. Some are very simple and take a minimum of review
or oversight; some are very complicated with multiple property owners, convoluted properly ownerships, or.
multiple utility easements or serious political ramifications. For these reasons, staff is proposing a two-tiered
fee structure. The basic fee would be for a "summary Vacation"- the simplest possible process with no
dissenting property owners and no complications regarding property ownership, utilities, etc. Any more
complicated vacation "Non Summary Vacation" would pay the same base fee plus time and materials to take
the process to completion.
The Fire Department is proposing to restructure the Fire Safety Review and Inspection Fees to recover the actual
cost. In the past, Administrative salaries for the supervisory and management positions with direct involvement in
the program were not previously captured and included as part of the cost to provide the service. The new
restructured fees propose to capture and include those costs as part of the cost to provide the service.
Reinspection fees have been restructured and standardized generally at $75.00 per hour. The Fire Safety and
Review Inspection fees have not been increased since calendar year 2001.
A- INSPECTION FEES & SERVICES
A-10 FIRE SAFETY REVIEW/INSPECTIONS
Safety Inspections - Private Party Insurance Requests $ 75 per hour
Reinspection Fee $ 75 per hour
The current fee is $60 per hour. This fee is proposed to increase by 25% recover the cost of providing the service.
Liquified Petroleum Gas Installation $134 (Charged Under CUPA Fees -
Reinspection Fee $ 67 Remove From Schedule)
This fee is a duplicate fee already charged for the installation inspection of an above ground flammable liquid
storage tank as part of the Certified Unified Program Agency (CUPA). Fees on the master fee schedule. Staff
is recommending this fee be removed from the master fee schedule
Paint Booths (One time Fee)
New Spray Paint Booths $ 191
Reinspection Fee $ 75
The current fee is $164 per inspection and $82 per reinspection. The one time fee to inspect new spray paint
booths is proposed to increase 16.5% and the reinspection fee is proposed to decrease 9.3% to recover the
cost of providing the service.
Tent Installation (One time Fee) $ 75
Reinspection Fee $ 75
After Hours Rate $ 89
The current fee is $ 66 per inspection, $ 66 per reinspection, and $92 for inspections provided before or after
the normal work hours of 8:00 a.m. to 5:00 p.m. The one time fee and reinspection fee is proposed to increase
13.6% and the after hours inspection fee is proposed to decrease by 3.3% to recover the cost of providing the
service.
High Rise Inspection Fee
Reinspection Fee
Additional Hours- Fire Inspector $ 35
(Delete - Not applicable)
$ 131 per hour
$ 131 per hour
ADMINISTRATIVE REPORT
Page 4
Additional Hours - Fire Captain $ 62 (Delete - Not applicable)
The current fee is $111 per hour per inspection and reinspection. The new fee of $131 per hour represents an
increase of 18% and is proposed based on two inspectors performing the inspection. This fee is restructured
to reflect a per hour charge for two inspectors working together to provide the service.
Sprinkler System Inspection (Commercial)
Minimum Fee $ 490 per hour
Reinspection Fee $ 75 per hour
The current sprinkler system inspection fee is $408 and the reinspection fee is $204 per hour. The fee to
inspect a sprinkler system is proposed to increase 20.1% and the reinspection fee is proposed to decrease
172% to recover the cost of providing the service.
Sprinkler System Inspection (Additions/Remodels)
Minimum Fee $ 141 per hour
Reinspection Fee $ 75 per hour
The current sprinkler system inspection fee is $119 and the reinspection fee is $ 60 per hour. This fee is
proposed to recover the cost of providing the service.
- Fire Alarm System Component Inspection
Minimum Fee $ 195 per hour
Reinspection Fee $ 75 per hour
The current fire alarm system component inspection fee is $165 and the reinspection fee is $ 83 per hour.
This fee is proposed to recover the cost of providing the service.
Commercial Vent Hood Inspection $ 148 per hour
Inspection of Each Additional Vent Hood $ 30 per hour
Reinspection Fee $ 75 per hour
The current commercial vent hood inspection fee is $124, each additional vent hood inspection is $12, and the
reinspection fee is $ 62 per hour. This fee is proposed to recover the cost of providing the service.
Standpipe Inspection - One Standpipe $ 98 per hour
Inspection of Each Additional Standpipe $ 30 per hour
Reinspection Fee $ 75 per hour
The current standpipe inspection fee is $ 82, each additional standpipe inspection is $ 25, and the reinspection fee
is $ 41 per hour. This fee is proposed to recover the cost of providing the service.
Explosives Purchase, Sales & Storage Inspection
Inspection & Permit Fee (If Material Type Changes)
First Inspection $ 177 per hour
Explosives Storage Permit $ 25 per hour
Reinspection Fee $ 75 per hour
The current explosive related inspection is $150, each explosive storage permit inspection is $14, and the
reinspection fee is $ 75 per hour. This fee is proposed to recover the cost of providing the service.
Pyrotechnics Inspection New One-time Fee
Normal Business Hours New Fee
First Inspection - $159
Second Inspection- $128
Third Inspection - $ 98
$ 50 per event
$ 75 per hour
(Delete - Not applicable)
(Delete - Not applicable)
(Delete - Not applicable)
After Hours Rate New Fee
First Inspection - $216
Second Inspection- $173
$ 89 per hour
(Delete - Not applicable)
(Delete - Not applicable)
ADMINISTRATIVE REPORT
Page 5
Third Inspection - $127 (Delete - Not applicable)
The Fire Department is proposing to charge an hourly rate versus the current $159 for the first inspection, $128 for
the second inspection and $98 for a third. The current after hours rate for the first inspection is $216, $173 for the
second inspection and $127 for the third. This fee is proposed to be restructured to accurately recover the cost of
providing the service as past experience indicates most inspections typically require several hours to complete.
Staff does not believe changing the rate structure will negatively impact revenue received from performing this
service. If this request is approved, staff is recommending the current fees be removed form the master cost
recovery fee schedule.
NEW FEES
B - LAND USE REVIEW/PERMITS
B23 FIRE SUPPRESSION - PERMIT PROCESSING AND PLAN REVIEW FEES
Portable LPG Storage/Distribution $ 54
A new one-time fee is proposed to recover the cost for permitting and inspection of liquid propane gas storage
tanks. Large stores such as Lowe's, Home Depot and major grocery stores are selling and renting small propane
tanks for home use barbeques. By state codes these applications need to be permitted and inspected to ensure
proper storage techniques are used in order to prevent accidents. The proposed fee applies to all commercial
facilities that exchange propane bottles empty or full. If the bottles contain 5 gallons or more and there are more
than 5 bottles, this one time fee is applied. The proposed fee will enable staff to recover the cost of providing the
service.
B23 FIRE SUPPRESSION - PERMIT PROCESSING AND PLAN REVIEW FEES
Mail Out Inspection (Self-inspection) $ 25
During routine inspections there are often minor fire code violations found in small businesses and four-plex or
larger apartments. These mail-out self-inspection forms will have a checklist of common violations which will
enable Iow risk business to complete a self inspection and return the completed checklist with the required fee to
the Prevention Services Division. The form is then reviewed by the inspectors and an appointment is scheduled if
it is warranted. It is anticipated this process will reduce physical inspections.
B-24 SIGN - PERMIT PROCESSING AND INSPECTION FEES
Sign Permanent- Face Change $ 40
The Building Division is proposing to introduce a new fee to recover the costs of changing the face on an existing
permanent sign. These changes occur when the face on an existing sign needs to be changed due to a new logo
or there is a change in the tenant or business. Processing a permit for a typical new sign installation requires a
plan check to verify that the proposed signage complies with City ordinance.
F-99 BROADCAST PRODUCTION FEES
Equipment Charges
Sound System (Included in $300 base facility rental fee)
Video Presentation System $ 34 per hour
Broadcasting Equipment $ 100 per hour
Staff Charges (actual cost)
Tape Duplication (actual cost)
The fees are proposed to recover the cost of rental of the video presentation system, broadcasting equipment and
staff to operate the equipment in the City Council Chambers. All requests for tape duplication services will include
the cost of the tape, in addition to actual city staff charges.
F-100 BUSINESS LICENSE PROCESSING FEE (Annual Fee) $ 5
Business License Renewal Fee (Annual Fee) $ 5
The fees are proposed to recover the annual cost of processing business licenses and business license renewal
requests. 46 California cities currently charge these types of fees. Previously these costs have not been captured
and have been subsidized by the General Fund. Those business and organizations that are "exempt" from paying
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the business license tax (non-profit groups and others identified by ordinance) will not be charged a fee for
processing their business license.
MODIFICATION TO THE MASTER FEE SCHEDULE
Remove From:
B-28 SITE PLAN REVIEW
General Plan Maintenance - 5 year review & update
General Plan Maintenance - 10 year comprehensive rewrite
Move To:
$ 65
$ 65
A-1
NEW RESIDENTAIL AND COMMERCIAL CONSTRUCTION
General Plan Maintenance $ 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 subject fee is a new fee adopted by the
City Council on April 30, 2003 to be collected at Site Plan Review. The legislation which authorized this fee
does not allow for the fee to be collected at Site Plan Review, however, the legislation does authorize the
fee to be applied to building permits for new construction and collected as part of the build permit process.
This modification to the Master Fee Schedule will enable staff to properly apply the fee as the law intended
when it goes into effect.
ANIMAL REGULATION - 2003 PROPOSED ANIMAL CONTROL COST RECOVERY FEER
As a result of the inability of the Society for the Prevention of Cruelty to Animals (SPCA) and the City
of Bakersfield to come to a contractual arrangement relating to animal control services for the City,
the City has agreed to a contract with the County of Kern to assist in animal care. As part of this
agreement the County has requested the City adopt the County's current animal control fee
schedule. Adoption of this fee schedule will provide consistent fee schedules between the County
and City and will general less confusion among residents that visit the County animal shelter as
well as those local veterinarians who provide licensing assistance in their offices. The County
Animal Control Fee Schedule is attached under separate cover as an attachment to this
administrative report and has been incorporated into the City of Bakersfield Proposed Master Fee
Schedule Master - Phase II for City Service Centers.
RECREATION AND PARK DEPARTMENT 2003- PROPOSED COST RECOVERY FEE.~
A memorandum and a detailed summary of the proposed fee increases and modifications to the
master fee schedule are provided for your review under a separate cover as an attachment to this
administrative report.
Recreation/Cultural fees are proposed to increase September 1,2003. Development Services fees
require a sixty (60) day waiting period and shall become effective on September 10, 2003. All other
fees including animal control fees become effective beginning July 10, 2003.
ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2003 AGENDA SECTION: Reports
ITEM: I0. CL.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: July 1, 2003 CITY A'I-I'ORNEY
CITY MANAGER
SUBJECT:
Ambulance Rate Review:
1. Ambulance Rate Modification Study
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: At the April 30th Council meeting the City retained the consulting firm of Health
Analytics to perform a rate modification study to analyze the rate increase requested by Hall
Ambulance Co.
Health Analytics has completed the study and will present their findings to the City Council. Included in
the study is ambulance rate survey information, a financial review of Hall Ambulance and related
companies, Medicare reimbursement impacts, ambulance service cost analysis, and an assessment of
the value of ambulance service provided by Hall Ambulance related to response times and other
service information.
The Consultant's report is quite lengthy and complex and is included with this administrative report. An
executive summary is included at the beginning of the report which outlines key findings and
recommendations. The Consultant is recommending a general ambulance rate increase of 31.3%,
which would allow Hall Ambulance a 12.5% profit margin (based on their current cost and expected
collection rates under the new ambulance charges). The Consultant states that the recommendation is
on aggregate, 4.6% less than what was requested by Hall Ambulance. The Consultant indicates in the
report that it is important to understand that a 31.3% rate increase will 0nly yield a 12% increase in net
dollars collected (roughly $42.06 per transport). Although the Consultant is recommending rates based
on a 12.5% profit margin, they have also included rates which the Council could consider for a range of
profit margins of 10% or 15%. Additional recommendations are made in the report for changing the
rate request process and against the use of a CPI for determining future rate increases.
The report includes an ambulance rate survey which was conducted by the Consultant that includes
cities with higher and lower populations than Bakersfield. The results showed that Hall's current rates
are at the lower end of the range for the cities studied. The rates requested by Hall would push them
toward the higher end of that spectrum. However, many of the participants stated they will also be
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ADMINISTRATIVE REPORT
increasing rates in the very near future due to the impact of the new Medicare fee schedule. This report
also provides a great deal of discussion about the limited usefulness of any such rate comparison
surveys due to differences in EMS system design and the effect that system design has on a given
provider's cost of delivering its services.
Due to the length and complexity of the report, the Consultant has agreed to be available to meet with
Councilmembers on Tuesday prior to this meeting to explain the report and answer any questions
Councilmembers may have. If you are interested in meeting with the Consultant, please let John
Stinson know so he may arrange a time that complies with Brown Act requirements.
The Consultant is presenting the report for Council review and comment and the Council may discuss
the report and take action at this meeting or consider further discussion and action on the proposed
rates at the July 30th Council meeting.
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