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HomeMy WebLinkAbout07/30/2003 AGENDA PACKET(45 rain)  BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JULY 30, 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. ROLL CALL WORKSHOP DEFERRED BUSINESS a. Continued ReviewofAmbulance Rate Modification. (StaffcommentsbyAs$istant City Manager John W. Stinson ) - if not completed in allotted time, review will continue to item 11. a. Staff recommends Council determination. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding O'Leary v. Clint Blackburn, City of Bakersfield, et al, USDC, Eastern District, Case No. CV-F-01-6304 DLB. REGULAR MEETING - 7:00 p.m. 1. INVOCATION by Pastor Dennis Helken, St. John's Lutheran Church. 2. PLEDGE OF ALLEGIANCE by Kamalneel Singh, 6~ Grade Student at Lakeside Elementary School. 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Councilmember Sue Benham of Mayor's Proclamation to Kevin Burton, Chair, Keep Bakersfield Beautiful Committee, proclaiming August and September, 2003, as "Cigarette Lifter Prevention Months". b. Presentation by Kern County District Attorney Ed Jagels regarding Kern County Crime Lab. 6. PUBLIC STATEMENTS 7. APPOINTMENTS a. Appointment of League Voting Delegate and Alternate Annual Conference. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of Regular Council Meeting July 9, 2003. 8. CONSENT CALENDAR continued (Wards 1,4,7) (Ward 3) (Ward 3) i. (Wards 1,2,3,7) j. Payments: Approval of department payments from June 27, 2003 to July 17,2003 in the amount of $7,578,428.71 and self insurance payments from June 27, 2003 to July 17, 2003 in the amount of $607,403.58. Ordinances: First Reading of Ordinance amending the Bakersfield Municipal Code Sections 1.12.010, 1.12.040 and 1.12.070 by adding Annexation No. 437 to Wards 1 and 4, and Annexation No. 438 to Wards 4 and 7. Resolutions: d. Judicial Foreclosure of Delinquent Assessments: Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District 93-1A (Northeast Sewer). Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District 93-1B (Northeast Gas). Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq of the Government Code of the State of California - Finance Department. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq of the Government Code of the State of California - Public Works Department. g. Resolution in Support of Real and Long-lasting Solutions to the State's Budget Crisis. (Ward 2) k. Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development Fees. Resolution adding territory, Area 4-27 (Fair[ax, Royal Coach) 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 confirming the approval by the Assistant to City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution confirming the approval by the Assistant to City Manager of the Chief Code Enforcement Officer's report regarding assessment of 717 Sumner Street in the City of Bakersfield for which a structure has been demolished and authorize collection of the assessments by the Kern County Tax Collector. 2 o (Ward 7) (Ward 4) (Ward 2) (Ward 3) (Ward 4) (Ward 4) (Ward 2) CONSENT CALENDAR continued Resolution ordering the Summary Vacation of the flowage and drainage easement and the two temporary access and storm drain easements westerly of South H Street, between Berkshire Road and Hosking Avenue in Tentative Tract No. 5738. Resolution of Intention No. 1260 to add territory, Area 1-27 (Noriega, Old Farm NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1306 to order the vacation of the 20 foot wide alley west of Chester Avenue between 26th and 27~ Streets (Block 486). o. Mohawk Street Underpass Grade Separation Project: Resolution authorizing Public Works Director to execute agreement on behalf of the City of Bakersfield. Agreement with State of California, Department of Transportation to provide reimbursement funding, not to exceed $5,000,000.00, for project. Joint Agencies Agreement with Greater Bakersfield Separation of Grade District ($160,000.00) for preliminary design and right of way engineering. Appropriate $160,000.00 Transportation Development Fund balance to the Capital Improvement Budget. Agreements: General Plan AmendmentJZone Change P03-0337, generally located in the hills south of Hart Park: Agreement with General Holdings, Inc. for the preparation of an Environmental Impact Report (EIR) and appropriate $125,270.00 developer's contribution to the Development Services Operating Budget in the General Fund. Agreement with Michael Brandman Associates for $96,362.00 to prepare an Environmental Impact Report (EIR). Memorandum of Understanding for $404,400.00 between Kern County Superintendent of Schools and the City of Bakersfield regarding Crossing Guard Services. Consent to Common Use with Chevron Pipe Line Company for a pipe line easement within Tract 5966 located south of Hageman Road and west of Jewetta Avenue. Consent to Common Use with Pacific Bell Telephone Company for an easement within Tract 6121, located north of Brimhall Road and east of Jenkins Road. License to Encroach on Right-of-Way Agreement with Arvin Edison Water Storage District for proposed pedestrian crossing over the Arvin Edison Canal for the Kern River Bike Path and Riparian Restoration Project. (Wards 4,5) (Ward7) (Ward 4) (Ward 2) CONSENT CALENDAR continued u. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Centex Homes for Tract 6104 Units 3, 7, and 8, located east of Buena Vista Road and North of Panama Lane. Final Map and Improvement Agreements with Froehlich, Inc. for Tract 6121 Phase 1, located north of Brimhall Road and west of Allen Road. Final Map and Improvement Agreements with Floyd G. Hinesley for Tract 6129 Phase 1, located north of Noriega Road and east of Allen Road. Final Map and Improvement Agreements with Olive Park Land Company for Tract 6117 Unit 1, located north of Reina Road and east of Old Farm Road. Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar Bakersfield for Tract 6082 Unit 6, located north of Pacheco Road and west of Old River Road. Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield for Tract 6032 Unit 2, located north of Ming Avenue and east of South Allen Road. Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, and McMillin Emerald Estates, LLC for Tract 6146 Unit 1, located north of Noriega Road and west of Jewetta Avenue. Construction Management Services Agreement with Parsons Brinkerhoff Construction Service, Inc. ($230,172.00) for State Route 99 at White Lane Overcrossing Widening and Interchange Improvements. Relocation of the Friant-Kern Canal at the intersection of Olive Drive and Calloway Drive: Contract Change Order No. 4 to Agreement No. 02-334 with Vadnais Corporation for $114,085.62 (for a total contract amount of $3,571,392.41). Appropriate $120,000.00 Fund balance to the Capital Improvement Budget within the Transportation Development fund for this project. Amendment No.1 to Agreement No. 02-341 with Kern Economic Development Corporation for $54,000.00 for economic development in Kern County. Amendment No. 2 to Agreement No. 01-204 with Kleinfelder, Inc. ($60,000.00 for a total not-to-exceed compensation clause of $640,000.00) for Material Testing Services for various construction projects. Amendment No. I to Agreement No. 97-179 with the State of California, Department of Transportation increasing allocation of funds for the Q Street Grade Separation Project by $274,315.72 (revised total contract amount of $5,138,315.72). 4 o (Ward 4) (Ward 7) (Wards 2,3,4) (Ward 3) CONSENT CALENDAR continued Amendment No. 7 to extend Service Agreement No. 97-140 with Tiburon, Inc. not to aa. exceed $81,860.00 for Police Department Computer Systems. bb. Bridge on Allen Road over the Kern River: 1. Award Consultant Agreement to RBF Consulting ($208,753.00) for Environmental Study on proposed bridge on Allen Road over the Kern River. Bids cc. dd. ee. ff. gg. hh. Appropriate $35,000.00 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund. Accept bid to award annual contract to Marden Susco, not to exceed $400,000.00, for fire hydrants and burys. Pacheco No. 10 Area Sewers: 1. Accept bid to award contract to Sierra Cascade Construction, Inc. ($856,500.00). Transfer $80,000.00 prior years program and project savings and appropriate $130,000.00 fund balance (prior year uncommitted program income) to the CDBG Capital Improvement Budget. Accept bid to award contract to Bowman Asphalt, Inc. ($1,081,778.11) for Kern River Bike Path and Riparian Restoration from Stockdale Highway to Manor Street. Accept bids to award annual contracts to San Joaquin Supply Corporation and P & R Paper Supply Company, not to exceed $60,000.00 for janitorial supplies. Accept bid from John Deere Company through South Kern Machinery $121,041.30, for three (3) replacement diesel powered rotary mowers for Parks Department. Reject all bids for Chester Avenue Streetscape Project from 34~ Street to West Columbus Street. ii. Reject all bids for water truck for the Solid Waste Division of Public Works. Miscellaneous Accept donation of generator from the Kern Law Enforcement Foundation to the Bakersfield Police Department SWAT Team. kk. Emergency authorization to appropriate $382,000.00 in additional building fee revenues to the Building Division Operating Budget for four additional Building Inspector 1/11 and transfer $75,200.00 to the Equipment Fund for vehicles. 8. CONSENT CALENDAR continued (Ward 2) II. McMurtrey Aquatic Center: Accept bid to award contract to S.C. Anderson, Inc. ($5,897,600.00) for construction of the McMurtrey Aquatic Center. Appropriate and Transfer $101,000.00 Sewer Enterprise Funds to the Capital Improvement Budget for the project. 3. Transfer $103,000.00 between CDBG Capital Improvement projects therefor. Staff recommends adoption of Consent Calendar items a through II. 9, HEARINGS (Ward 4) Public Hearing to determine whether the public interest and necessity require acquisition by eminent domain of an interest in property located at the southeast corner of Coffee Road and Downing Avenue, Bakersfield, California, for widening of Coffee Road and Downing Avenue (Code of Civil Procedure Section 1245.230, et seq). (Staff comments by City Attorney Bart Thiltgen) Staff recommends adoption of resolution of necessity. Development Services Director Jack Hardisty will make comments on items 9. b. through 9. f. (Ward4) General Plan Amendment/Zone Change 03-0014; Marino and Associates has proposed a General Plan Amendment and a zone change on 80 acres, located at the southwest corner of Kratzmeyer Road and Allen Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-lA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 55 acres and GC (General Commercial) on 25 acres. 4 First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 55 acres and to C-2/PCD (Regional Commercial/Planned Commercial Development) on 25 acres. Resolution approving the Cancellation of the Williamson Act Contract for the 80 acre site. Staff recommends adoption of the resolutions approving the Negative Declaration and General Plan Amendment, and approving cancellation of the Williamson Act Contract, and, give first reading to the ordinance. 9. HEARINGS continued (Ward 4) General Plan Amendment/Riverlakes Ranch Specific Plan/Zone Change 03-0339; Kyle Carter Homes is requesting a General Plan Amendment from changing the land use designation from OS-P (Open Space-Parks and Recreation) to LMR (Low Medium Residential) on 9,941 square feet and from LMR to OS-P on 2,695 square feet; and an amendment to the zoning ordinance (Title 17) changing the zoning from OS (Open Space) to R-2 (Limited Multiple- Family Dwelling) on 9,941 square feet and from R-2 to OS on 2,695 square feet. Resolution approving the Notice of Exemption and adopting the General Plan Amendment and Riverlakes Ranch Specific Plan Amendment to change land use designations from OS-P to LMR and from LMR to OS-P. First Reading of Ordinance approving the Notice of Exemption and amending Title 17 of the Municipal Code and Zoning Map No. 102-18 from OS to R-2 and from R-2 to OS. Staff recommends adoption of resolution approving the Notice of Exemption, the General Plan Amendment and Riverlakes Ranch Specific Plan Amendment, and give first reading to the ordinance. (Ward 1) General Plan Amendment/Zone Change 03-0343; Mclntosh & Associates is requesting a General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from R-lA (Resource-Intensive Agriculture) to LR (Low Density Residential) and an amendment to the zoning ordinance (Title 17) changing the zoning from A (Agriculture) to R-l/PUD (One-Family Dwelling/Planned Unit Development) or more restrictive zoning on 81.10 acres located approximately 1,600 feet south of State Route 58 between Zephyr Lane (extended), Shirley Lane (extended), Sterling Road (extended) and Oswell Street (extended). Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-lA to LR. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 from A to R-l/PUD. Staff recommends adoption of resolution approving the Negative Declaration, approving the General Plan Amendment and give first reading of the ordinance. 7 (Ward 1) HEARINGS continued Concurrent General Plan Amendment/Zone Change No. 03-0362; Robe~ Dean with D & D Development Enterprises has proposed a General Plan Amendment and Zone Change to develop single family residences on 81.7 acres, multi-family residences on 4.5 acres, and commercial on 12 acres located adjacent on the west side of Cottonwood Road, between East Pacheco Road and East Fairview Road. The project site is 98.2 acres in size and is currently being processed for annexation to the City of Bakersfield. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-lA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 81.7 acres, R-lA (Resource- Intensive Agriculture) to HMR (High Medium Density Residential) on 4.5 acres, and R-lA (Resource-Intensive Agriculture) to GC (General Commercial) on 12 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from A (Agriculture) to R-1 (One Family Dwelling) on 81.7 acres, A (Agriculture) to R-2 (Limited Multiple-Family) on 4.5 acres, and A (Agriculture) to C-2 (Regional Commemial) on 12 acres. Staff recommends adoption of resolution and give first reading to the ordinance. General Plan Amendment/Zone Change 03-0394; City of Bakersfield has proposed a General Plan Amendment and Zone Change to acknowledge existing uses on 21 separate sites which are known to be incorrectly designated zones. Resolution approving Notice of Exemption and adopting the General Plan Amendment on the 21 different sites. First Reading of Ordinance adopting the Notice of Exemption and amending Title 17 of the Municipal Code and Zoning Maps 103-31,123-11,103-24 and 123-24 (on five separate sites). Staff recommends adoption of resolution approving the Notice of Exemption, approving the General Plan Amendment and give first reading to the ordinance. (Ward Z) 10. 11. 12. 13. 14. HEARINGS continued General Plan Amendment/Zone Change 03-0418; Mark Ponder has proposed a General Plan Amendment and Zone Change on 20 acres, located along the north side of Hosking Avenue, generally between Wible Road and State Route 99. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation LMR (Low Medium Density Residential) and GC (General Commercial) to LR (Low Density Residential) on 20 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-25 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) zone on 20 acres. Staff recommends adoption of resolution approving the Negative Declaration, approving the General Plan Amendment and give first reading to the ordinance. REPORTS Urban Development Committee Report No. 1-03 on the Regional Transportation Impact Fee Phase III Program. Committee recommends acceptance of the report, establishment of Alternative "A" as the proposed fee, and setting the pubfic hearing for the meeting of August 27, 2003. DEFERRED BUSINESS Continued Review of Ambulance Rate Modification. (Staff comments by Assistant City Manager John W. Stinson) - item will be heard if not completed under item 3. a. at 5:15 p.m. Staff recommends Council determination. NEW BUSINESS Resolution changing the name of the Council's "Urban Development Committee" to the "Urban Development and Long Range Planning Committee". Staff recommends Council determination. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 9 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM July 25, 2003 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL //~ ~-- DARNELL HAYNES, ASSISTANT to the CITY MANAGER ,~ ALAN TANDY, CITY MANAGER // / AGENDA HIGHLIGHTS - JULY 30, 2003 COUNCIL MEETING REGULAR MEETING 5:15 p.m. Deferred Business: Item 3a. Continued Review of Ambulance Rate Modification. Should the review not be completed in the allotted time, it will continue to Item 11 .a. Closed Session: There is one closed session item which is a conference with legal counsel regarding existing litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m. APPOINTMENTS There will be an appointment of the League Voting Delegate and Alternate Delegate to the Annual Conference. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8q. Resolution in Support of Real and Lonq-Lastinq Solutions to the State's Budqet Crisis. The Instituters Citizens' Budget proposal advocates a 10-point plan to balance the California budget and protect quality of life priorities. Councilmember David Couch requested the resolution proposed by the Reason Foundation be placed on this agenda for Council support. The resolution does not endorse every detail of the plan but does call on Sacramento to fully explore the ideas offered by the Citizens' Budget before considering severe cuts in services, raising taxes and fees, or using bonds to borrow their way out of the deficit. HONORABLE MAYOR AND CITY COUNCIL JULY 25, 2003 PAGE 2 Item 8h. Resolution Makinq Findinqs and Determination Reqardinq Commitment of Unexoended Park Acquisition and Development Fees. Park improvement funds can only be expended for park development and acquisition. Moreover, the funds must be expended within the areas in which they were collected and for the benefit of the residents of that area. Fees are collected as neighborhoods are developed in the zones and as the funds accumulate over time. Significant sums are typically required to acquire suitable sites and develop them in accordance with City standards. If sufficient funds have not been accumulated, the already-collected funds need not be expended within five years, provided that the Council determines that they can eventually be expended to benefit zone residents. By making this determination, the City will be able to continue accumulating funds in each zone until there are sufficient amounts to establish park and recreation facilities. Staff has identified needed projects to utilize existing and projected funding in each zone. Existing balances in some zones are not sufficient to fund additional projects; however, it is projected that the necessary additional monies will be collected as there is further development in these zones. Item 80. Mohawk Street Underpass Grade Separation Proiect. On behalf of the City, the Separation of Grade District recently received Section 190 Program funding for the Separation of Grade project where Mohawk Street crosses the Burlington Northern and Santa Fe Railroad. The City is now pursuing right of way acquisition, design, and construction of the project. The first agreement in the amount of $160,000 is with the District to provide preliminary design and right of way engineering. The second agreement is with Caltrans to reimburse the City, up to a maximum of $5,000,000 (the maximum allowed under the Section 190 Program), for work performed on the project. This money can only be used for construction, and will be budgeted in the FY 2004-05 Capital Improvement Program. An appropriation of $160,000 will provide the necessary funding for the Joint Agencies Agreement. Caltrans is also requiring a resolution regarding execution of this agreement. Staff is suggesting that the Public Works Director be authorized to execute the agreement on behalf of the City. Aqreements: Item 8q. Memorandum of Understandinq between the Kern County Superintendent of Schools and the City reqardinq Crossinq Guard Services. In the past, the Police Department administered funding for crossing guard services. Due to budget constraints, the allocation was reduced by 10% from $460,000 to $414,400. When the contract expired on June 20, 2003, a one month agreement for $10,000 was approved, leaving a balance of $404,400. The service provider anticipates a 10% increase in fees, for a projected total cost of $506,000, which will leave a $92,000 deficit. All affected school districts agree they must share the burden of the shortfall. The Superintendent of Schools agreed to work with the individual districts to establish an equitable method to distribute the funds. This Agreement removes the Police Department from this task and makes each district responsible for their own crossing guard contracts. The MOU will be for a period of one year wherein the City will contribute $33,700 per month, for a total of $404,400. Both parties understand that the current City budget may be impacted by actions of the State, and such acts may reduce or eliminate funding which is planned for this program. Item 8v. Construction Manaqement Services Aqreement with Parsons Brinkerhoff Construction Services, Inc. for SR 99 at White Lane Overcrossinq Wideninq and Interchanqe Improvements in thu amount of $230,172. Due to the complexity and duration of White Lane at SR 99 overcrossing widening and interchange improvements project, a full time construction manager and up to three inspectors are required to inspect daily construction activities. Public Works' Construction Division does not currently have the staff to provide the inspection services. HONORABLE MAYOR AND CITY COUNCIL JULY 25, 2003 PAGE 3 On May 27, 2003, the City received Statement of Qualifications from six firms. After interviewing the four firms that were qualified, the Selection Committee recommends award to Parsons Brinkerhoff based on their combination of qualifications and fee proposal being the most favorable to the City. Construction Management Services will be funded by 100% Transportation Development Funds. Item 8w. Contract Chanqe Order No. 4 to Aqreement No. 02-334 with Vadnais Corporation in the amount of $114,085.62 for the Relocation of the Friant-Kern Canal at the Intersection of Olive and Callowa¥ Drives. In order to construct the Box Culvert portion of this project, the Kern-Friant canal had to be shut-down. Afterwards, the Friant Water Users Authority indicated that water would be turned back into the canal four days earlier than originally stated. This caused Vadnais to accelerate operations. The contractor has agreed to accept $13,354.33 as full compensation for this work acceleration. Secondly, after the project bid, the Friant Water Users Authority and Bureau of Land Management changed the required method of concrete placement for the canal liner. This alternative method was labor intensive thereby increasing the cost to the contractor for this work. The contractor has agreed to accept a lump sum of $100,731.29 for this change. item 8z. Amendment No. 1 to Aqreement No. 97-179 with the State of California, Department of Transportation Increasinq Allocation of Funds for the Q Street Grade Separation Proiect by $274,315.72. Agreement No. 97-179 provided for the allocation of $4,864,000 toward the Q Street Underpass Project. Since total project costs came in higher than originally anticipated, staff applied for a supplemental allocation allowed by the State of $274,315.72. item 8aa. Amendment No. 7 to Service Aqreement No. 97-140 with Tiburon, Inc. in an amount not to exceed $81,860.00 for Police Department Computer Systems. In 1997, the City purchased police Computer Aided Dispatch (CAD) and records management (RMS) software from Tiburon, Inc. In conjunction, the City entered into a Service Agreement with Tiburon, which must renewed annually. It is important to note that the Police Department recently purchased new CAD & RMS software through Versaterm. However, the existing Tiburon System and the data contained therein is still necessary for the Police Department to function properly. Over time, the Police Department will cease using the Tiburon system, and the annual service agreement with them will cease. Bids: Item 8cc. Award Annual Contract to Marden Susco for Fire Hydrants and Burys in an amount not to exceed $400,000. The City buys fire hydrants and burys, and keeps them available for replacement and to sell to the developers of residential and commercial development tracts. Since the Fire Department must be able to access the hydrants at all times, this assures compatibility and standardization. Four acceptable bids were received. Staff recommends award to Marden Susco. Item 8dd. Pacheco No. 10 Area Sewers. This project consists of constructing a new sewer system complete with sewer mains, manholes and a sewer lift station. This project is budgeted within the FY 2003-04 Capital Improvement Program and is to be funded with Community Development Block Grant funds. Four acceptable bids were received. Staff recommends award to Sierra Cascade in the amount of $856,500. Staff also recommends transfer of $80,000 prior years program and projects savings, and appropriate $130,000 fund balance to the CDBG CIP budget. Item See. Award Contract to Bowman Asphalt, Inc. for Kern River Bike Path and Riparian Restoration from Stockdale Hiqhway to Manor Street in the amount of $1,081,778.11. The City's bike path along thu Kern River stretches from Enos Lane to Gordons Ferry. A 7-mile section of the bike path from Cai State University Bakersfield to Manor Street does not meet the current standard width of 12 feet and is in poor condition. This project consists of resurfacing this section of the bike path and widening to current standards. The project also involves minor changes to the bike path alignment to soften sharp curves at several locations, provide a landscape barrier between the bike path and Truxtun Avenue near Coffee HONORABLE MAYOR AND CITY COUNCIL JULY 25, 2003 PAGE 4 Road, construct a pedestrian bridge over the Arvin-Edison Canal near Coffee R~ad, construct slope paving under State Route 99 to prevent erosion, expand the parking lot at Manor Street, and construct a landscaped rest area with water fountains near Manor Street underpass. This project also includes riparian restoration (native plants and wildlife habitats) along the Kern River Parkway from Stockdale Highway to Calloway Drive. Over 650 new trees will be planted on both sides of the bike path from Stockdale Highway to Calloway Drive. In addition, the bike path will be extended over the Bellevue Weir to the north side of the Kern River and around the reservoir adjacent to the future soccer park, which also includes planting trees on both sides of the path. This project is 100% funded with State's Prop 12 and Prop 13 money which is currently available within the Water Resources Department Capital Improvement Budget. On July 9, four acceptable bids were received. Staff recommends award to Bowman Asphalt, Inc. Item 8hh. Reiect all bids for Chester Avenue Streetscape Proiect from 34th Street to West Columbus. Three bids were received, and all were significantly in excess of the Engineer's Estimate of $339,30u and $334,000 in funds available from Community and Economic Development. After reviewing the bids, staff is proposing to modify the scope of work under this project as follows: 1) Delete the median street lights from the project; 2) Remove the Traffic Signal Modification at West Columbus Street and Chester Avenue from the contract and have City crews complete this portion of work; and 3) Remove the landscaping from the contract and have City crews perform the landscape work after the contractor has completed the balance of the project. The City will absorb the cost of design and construction engineering, cost of traffic signal modification, and landscaping labor. Staff recommends re-advertising this project after City crews have completed the traffic signal modification. Item 8ii. Reject all bids for water truck for the Solid Waste Division of Public Works. Due to budget constraints, the Public Works Director recommends all bids be rejected and to re-evaluate the need for the water truck at a later date. Miscellaneous: Item 8kk. Emerqency Authorization to Appropriate $382,000 in Additional Buildinq Fee Revenues to the Buildinq Division Operatinq Budqet for Four Additional Buildinq Inspectors and Transfer $75,200 to the Equipment Fund for Vehicles. The Building Division has been overwhelmed by an exceptionally prolonged high level of building activity, and all indications are that it will continue well into the future. As a result, the Building Division has fallen behind in staffing to respond to the need for increased inspections. At least four additional inspectors are required to satisfy the obligation to protect the public safety and certification that builders have complied with. The estimated cost to fund the four positions is $306,800 plus a one time cost of $75,200 for equipment and vehicles for a total appropriation of $382,000. This money comes from fees and can only be used for costs associated with those fees. It has no impact on discretionary General Fund costs. Item II. Award Contract to S.C. Anderson, Inc. for Construction of the McMurtrey Aquatic Center in the amount of $5,853.800. In February 2003, staff began the process of pre-approving contractors for the aquatic center. That process resulted in the following two local firms being approved to submit bids on this project: Colombo Construction Company Inc. and S.C. Anderson, Inc. Although S.C. Anderson is the apparent Iow bidder, the bid amount exceeded the Engineer's Estimate. Staff met with S.C. Anderson, Inc., and developed alternate designs and/or construction methods on various elements of the project with the goal of reducing the costs to construct the project. None of the above revisions adversely affect the quality of the project. HONORABLE MAYOR AND CITY COUNCIL JULY 25, 2003 PAGE 5 Staff located additional funding for the project and recommends appropriation and transfer of $101,000 Sewer Enterprise Funds to the Capital Improvement Budget, and transfer $103,000 CDBG funds from the 19th and Eye Street Streetscape project. These CDBG funds will be rebudgeted in FY 2004-05 CIP budget. HEARINGS Item 9a. Public Hearinq to Determine Whether the Public Interest and Necessity Require Acquisition by Eminent Domain of an Interest in Property Located at the Southeast Corner of Coffee Road and Downinq Avenue for the Wideninq of Coffee Road and Downinq Avenue. The City plans to widen Coffee Road and Downing Avenue to enhance traffic flow and safety, and to promote development of the northwest region of the City. Included will be a right turn lane from northbound Coffee to eastbound Downing and a traffic signal. The property owner was given a reasonable opportunity to appear and be heard on the matter. Council must adopt a Resolution of Necessity authorizing the initiation of an eminent domain action. The Resolution of Necessity must be adopted by a vote of two-thirds of all the members of the Council, not two-thirds of a quorum of the members present. Item 9b. General Plan Amendment/Zone Chanqe for 80 acres Located at the Southwest Corner of Kratzmeyer Road and Allen Road. This amendment to the General Plan would permit the development of single family residential units and retail commercial. As a result of citizen concerns regarding the commercial center, the Planning Commission recommended a Planned Commercial Development (PCD) overlay to provide greater control over the final design of the project. The applicant agreed to all conditions and mitigation for the project. Air quality impacts and mitigation were incorporated into the conditions of approval. Item 9c. General Plan Amendment/Riverlakes Ranch Specific Plan/Zone. Kyle Carter Homes is requesting the Specific Plan Amendment changing the land use designation on 9,941 square feet zoned for parks and recreation to Low Medium Density Residential and from residential to park use on 2,695 square feet. Secondly, they request an amendment to the zoning ordinance changing the zoning from Open Space to Limited Multiple-Family Dwelling on 9,941 square feet and from multi-family residential to open space on 2,695 square feet, all within the RiverLakes Ranch Specific Plan boundaries. This is an exchange of land between Kyle Carter Homes and RiverLakes Golf Course, LLC, which should not have any affect on the surrounding land uses. Item 9d. General Plan Amendment/Zone Chanqe for 81.10 Acres Located Approximately 1,600 Feet South of SR 58 between the Extensions of Zephyr Lane, Shirley Lane, Sterlinq Road and Osweli Street. Mclntosh & Associates is requesting a General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for the purpose of constructing single-family dwellings. The applicant is also requesting an amendment to the zoning ordinance changing the zoning from Agricultural to a more restrictive zoning for One-Family Dwelling/Planned Unit Development. The area is presently under Kern County jurisdiction, but is involved in the annexation process that is expected to be complete in six to nine months. The Planning Commission conducted public hearings on this item on June 19, 2003 and no significant issues were raised by the public or any affected public agency. Item 9e. Concurrent General Plan Amendment/Zone Chanqe for 98.2 Acres Property Located Adiacent on the West Side of Cottonwood Road, between East Pacheco Road and East Fairview Road. The applicant proposes a General Plan Amendment and Zone Change to develop single family residences on 81.7 acres, multi-family residences on 4.5 acres, and commercial on 12 acres. The project site is 98.2 acres in size and is currently being processed for annexation. The project site is currently designated and zoned for agricultural land use. The project provides a logical extension for residential and commercial development in the Southeast portion of Bakersfield. HONORABLE MAYOR AND CITY COUNCIL JULY 25, 2003 PAGE 6 Item 9f. General Plan Amendment/Zone Chanqe to Acknowledqe Existinq Uses on 21 SeParate Sites which are Known to be Incorrectly Desiqnated Zones. The Planning Department initiated this project to acknowledge the actual use of land on 21 separate sites. The purpose of this proposal is to more accurately depict the actual use of the property for both land use inventory reasons and to help locate public facilities such as schools and parks when using computer generated display maps at City Council meetings. The actual changes involve: 5 cases where apartments have been approved by Conditional Use Permit within commercial zones; 11 cases involving public schools. (Public schools are a separate political entity from the City and require no entitlements to be established.); 3 parks within the North of the River Recreation and Park District need to be depicted on the land use map to accurately reflect new available recreational facilities; and 2 recently annexed areas, both developed, were incorrectly designated and the land use designations proposed accurately reflect the existing residential density. Item 9q. General Plan Amendment/Zone Chanqe for 20 Acres Located Alonq the North Side of Hoskina Avenue, Generally Between Wible Road and State Route 99. This amendment to the General Plan would permit the development of single family residential units. REPORTS Item 10a. Urban Development Committee Report No. 1-03 on the Reqional Transportation Impact Fee Phase III Proqram. The Transportation Impact Fee program is a development fee designed to collect money from new development to pay for the regional traffic impacts of that new development. Funds collected have been used to install numerous traffic signals, construct expanded intersections, add lanes to existing arterials, and to construct railroad grade separations. At the Urban Development Committee meeting of July 23, 2003, staff presented information on an update to the Regional Transportation Impact Fee, referred to as the "Phase II1" program, which will provide for transportation improvements for the Metropolitan Bakersfield area. This program must be adopted jointly by the Council and Board of Supervisors, so staff is encouraged to move this item forward in a timely manner so the required public hearings can be conducted, and the proposed fee may be considered at the joint meeting on September 15, 2003. The date that this fee would become effective will be 60 days after its adoption by both jurisdictions. The adoption of this fee will not affect any project, building or vested subdivision map currently being reviewed by the City. The new Phase III fee will only affect those projects, buildings and subdivisions that are started after the effective date of the fee. DEFERRED BUSINESS item 11a. Continued Review of Ambulance Rate Modification. This item will only be heard if it is not completed under Item 3.a. NEW BUSINESS Item 12a. Resolution Chanqinq the Name of the Urban Development Committee. Vice Mayor Couch requested the name change be placed on this agenda for consideration of a title that more accurately depicts the objectives of the Committee. The name would become Urban Development and Long Range Planning. AT:DH:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 IAGENDA SECTION: Deferred Business ITEM: ,.~, ~, TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: July 24, 2003 CITY ATTORNEY ~., CITY MANAGER ~ SUBJECT: Continued consideration of ambulance rate review and possible adoption of ambulance rate modifications. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: At the July 9th City Council meeting, the consulting firm of Health Analytics presented the rate modification study to analyze the rate increase requested by Hall Ambulance Co. Included in the study was 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. As the Consultant's report was quite lengthy and complex, the Council deferred further consideration of the recommendations to the July 30th meeting. 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 only 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 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. July 24, 2003, 10:31AM S:~Admin Rpts~003\02003 Ambulance rate review 7-30 administrative report. DOC JWS:al Page 1 ADMINISTRATIVE REPORT The Consultant will be present at the meeting to answer any questions regarding the report and the recommendations. Vice-Mayor Couch has requested several additional rate schedules for Council consideration from the Consultant which are included with this administrative report. The Council may discuss and consider the report and at its discretion consider modifying the ambulance rates pursuant to City Ordinances which provide for increasing, decreasing or taking no action regarding the proposed ambulance rate increase. This item is scheduled for discussion at 5:15 p.m. If this item is not completed in the allotted time, it will be continued later in the Council meeting under Deferred Business. July 24, 2003, 10:43AM S:~Admin Rpts~2003\02003 Ambulance rate review 7-30 administrative report. DOC JWS:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 IAGENDA SECTION: Closed Session ITEM: ~. Q,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney July 17, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATrORNEY _~'~.~, /v`.'. ~ I Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. O'Leary v. Clint Blackbum, City of Bakersfield, et al USDC, Eastern District, Case No. CV-F-01-6304 DLB RECOMMENDATION: BACKGROUND: BJT:dll July 17, 2003, 9:16AM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Presentations ITEM: ,~, ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hail July 15, 2003  D DEPARTMENT HEAD~ CITY ATTORNEY , MA.AOER )/ / Presentation by Councilmember Sue Benham of Mayor's Proclamation to Kevin Budon, Chair of the Keep Bakersfield Beautiful Commiffee, proclaiming August and September. 2003. as "Cigarette LiEer Prevention Months". RECOMMENDATION: BACKGROUND: ndw July 15, 2003, 4:18PM S:'~vlAYOR~ADMiN\CIGARETTE LI"FTER PREVENTION MONTHS.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Presentation ITEM: 5. b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police July 17, 2003 DEPARTMENT HEAD CITY A'I-I'ORNEY CITY MANAGER APPROVED Presentation by Kern County District Attorney Ed Jagels regarding Kern County Crime Lab RECOMMENDATION: n/a BACKGROUND: District Attorney Ed Jagels will provide a brief overview of the Kern County District Attorney's Crime Lab services and the processing of misdemeanor cases. The estimated length of this presentation is ten minutes. vd July 18, 2003, 4:52PM P:\RPT~,dmins~Jagels Presentation re KCDA Crime Lab Services 7-17-03.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: r~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager July 21,2003 DEPARTMENT HEAD AP~0-VED ClTY A'I-rORNEY ~ ~ ClTY MANAGER~ AppointmentofLeagueVoting DelegateandAIternateAnnualConference RECOMMENDATION: Appointment of Administrative Analyst Trudy Slater as League Voting Delegate and Assistant City Manager Alan Christensen as Alternate. BACKGROUND: Each year, as part of the City's membership in the League of California Cities, the City Council appoints a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. This information is provided ahead of time so that proper records may be established for the Annual Conference which is being held September 7-10, 2003 in Sacramento. The annual business meeting will be held on Wednesday, September 10, beginning at 10:00 a.m. at the Sacramento Convention Center. The Legislative and Litigation Committee met on July 21, 2003, to discuss this issue. Appointees for Council approval have traditionally been recommended by the Legislative and Litigation Committee. The Delegate and Alternate are typically appointed from among elected leaders attending the Annual Conference although staff members have been appointed when Mayoral and Council schedules conflict with the timing of the Annual Business Meeting. This year's Annual Business Meeting in Sacramento is scheduled the same day as a City Council meeting. The Legislative and Litigation Committee is, therefore, recommending that Council appoint Administrative Analyst Trudy Slater as this year's League Voting Delegate and Assistant City Manager Alan Christensen as Alternate. July 21,2003, 2:47PM P:\L&L'C, dmin Reports~ADM03-07-30-1-VotingDelegateAndAItemate.doc 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 June 13, 2003 DEPARTMENT HEAD ~VED CITY A'I-FORNEY _ CITY MANAGER ,~/~/,~ Approval of minutes of the July 9, 2003 Council meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: S:\Council\admins~2003~JUNE 13, 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~,~). TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 18, 2003 APPROVED DEPARTMENT HEAD/P"~' c~ ~,~ CITY ATTORNEY ~ C,TYMA. Approval of department payments from June 27, 2003 to July 17, 2003 in the amount of $7,578,428.71 and self insurance payments from June 27, 2003 to July 17, 2003 in the amount of $607,403.58. RECOMMENDATION: Staff recommends approval of payments totaling $8,185,832.29. BACKGROUND: klg July 18, 2003, 12:11PM S:\KimG\Forms & Lables~ADMIN-AP.doc MEETING DATE: ADMINISTRATIVE REPORT July 30, 2003 AGENDA SECTION: Consent ITEM: ~, ~. TO: Honorable Mayor and City Council FROM: Development Services - Planning DEPARTMENT HEAD// DATE: June 26, 2003 CITY A'I-DORNEY CITY MANAGER SUBJECT: ,.~.OyED An ordinance amending the Bakersfield Municipal Code Sections § 1.12.010, 1.12.040 and 1.12.070 by adding Annexation No. 437 to Ward 1 and Ward 4 and Annexation No. 438 to Ward 4 and Ward 7. (Wards 1, 4 and 7) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation Nos. 437 and 438 areas into the corresponding Council Ward. The annexations were approved by LAFCO recently. Annexation No. 437 is located in two separate areas. A twenty acre area is at the northwest corner of Stockdale Highway and Renfro Road and the other 100 +/- acres is located at the southwest corner of Cottonwood Road and Pacheco Road. The property owners have consented to annexation to receive city services. Annexation No. 438 is located in two separate areas as well. One 80 acre site is located at the northeast corner of Allen Road and Olive Drive and the other area at the northwest corner of Springdale Drive and Sunflower Way which covers Y2 acre. MO:Pit Admin\jul\7-30-437&438 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, (iL, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 14, 2003 APPROVED DEPARTMENT CITY ATTORN~~ CITY MANAGER,~_~/? SUBJECT: Resolutions Authorizing Delinquent Special Assessment Judicial Foreclosures 1) Assessment District 93-IA(Northeast Sewer) Ward 3. 2) Assessment District 93-lB(Northeast Gas) Ward 3. RECOMMENDATION: Staff recommends adoption of the resolution. BACKC-ROU~ND: 1) The City of Bakersfield, Limited Obligation Bonds for Northeast Sewer Assessment District 93-1A were issued on March 2, 1994 in the amount of $9,775,000 for funding the construction of sanitary sewer improvements. 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 a Judicial 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 93- IA(Northeast Sewer) Delinquencies are comprised of 10 parcels owned by 3 property owners for a total of $118,931.87 in delinquent assessments. Assessment District 93-IA(Northeast Sewer) Delinquencies are attached. 2) The City of Bakersfield, Limited Obligation Bonds for Northeast Gas Assessment District 93- lB were issued on March 2, 1994 in the amount of $805,000 for funding the construction of natural gas distribution improvements. 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 a Judicial 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 93-lB(Northeast Gas) Delinquencies are comprised of 10 parcels owned by 3 property owners for a total of $30,133.11 in delinquent assessments. Assessment District 93-lB(Northeast Gas) Delinquencies are attached. S:\COREY\FORECLOSURE\93-1 AB ADMIN.DOC ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, ~,. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 01, 2003 ~PPROVED DEPARTMENT HEAD~~ CITY ATTORNEY ~ CITY MANAGER~ SUBJECT: A Resolution of the City Council approving tl~e destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the government code of the State of California - Finance Department. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution authorizes the finance department to destroyobsolete records and reports that are more than five (5) years old and have been approved for destruction bythe City Attorney's office. The records to be destroyed are listed on Exhibit A of the Resolution. S:\KIMG\FORMS & LABLES\ADMIN-RECORDRETEN-DEST03.DOC klg ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~ROVED DEPARTMENT HEAD CITY A'I-FORNEY r~ CITY MANAGER A Resolution of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California - Public Works Department Raul M. Rojas, Public Works Director July 8, 2003 RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: This Resolution authorizes the Public Works Department to destroy obsolete records and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by the City Council. Attached is a copy of the Records Destruction Schedule marked Exhibit "A". July 8, 2003, 10:33AM G:\GROUPDAT~ADMINRPT~.003\07-30\Record Destruction Admin.dot ADMINISTRATIVE REPORT MEETING DATE: July 23, 2003 IAGENDA SECTION: Consent Calendar rrEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~ DATE: July 11, 2003 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Resolution in Support of Real and Long-Lasting Solutions to the State's Budget Crisis RECOMMENDATION: To be determined by Council. BACKGROUND: At the Council meeting of June 25, 2003, Dr. Adrian Moore spoke on behalf of the Reason Public Policy Institute's (Reason Foundation) proposal for Real and Long-Lasting Solutions to the State's Budget Crisis. The Institute's Citizens' Budget proposal, a line-by-line analysis of the Governor's proposed budget, advocates a 10-point plan to balance the California budget and protect quality of life priorities. The Institute invites individuals, trade associations, interest groups, local governments and school boards to adopt a resolution in support of the overall approach advocated by the Citizens' Budget. The Reason Public Policy Institute is a public policy think tank promoting choice, competition, and dynamic market economy as the foundation for human dignity and progress. Councilmember David Couch has requested the resolution proposed by the Reason Foundation be placed on tonight's agenda for Council support. The attached resolution does not endorse every detail of the plan but does call on Sacramento to fully explore the ideas offered by the Citizens' Budget before considering draconian cuts in services, raising taxes and fees, or using bonds to borrow their way out of the deficit. The Reason Foundation's proposed resolution has been slightly modified to indicate support by the City of Bakersfield. July 11,2003, 11:58AM P:\L&L~Admin Reports~ADM03-07-23- Reason Foundation.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Agenda TEM: h. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation & Parks DEPARTMENT HEAD DATE: July 18, 2003 CITY ATTORNEY _////~ CITY MANAGER SUBJECT: Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development fees RECOMMENDATION: Staff recommends adoption of resolution committing unexpended Park Acquisition and Development fees. BACKGROUND: In 1990, the City Council adopted two ordinances relating to park land dedication and development. One ordinance requires developers to set aside land and/or pay in-lieu fees for park land purposes (BMC Ch. 15.80), The other ordinance requires the builders to pay fees for the development of the park site (BMC Ch. 15.82). The State Government Code (§66001(d)) and the Bakersfield Municipal Code require the Council to make periodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. The State Government Code requires local agencies "for the 5th fiscal year following the first deposit into an account or fund, and every 5 years thereafter, to include specified information in findings relating to the funding of a project". Current practice is to make such findings for the 5th fiscal year following deposit and every year thereafter. In accordance with the current practice, Council will be informed on an annual basis of al_l funds not expended within 5 years. This is the eighth of the annual determinations. Park improvement funds can only be expended for park acquisition and development. Moreover, the funds must be expended within the areas in which they were collected and for the benefit of the residents of that area. (Thus the establishment of the six park zones of benefit). Fees are collected as neighborhoods are developed in the zones and projects are completed as the funds accumulate over time. Significant sums are typically required to acquire suitable sites and develop them in accordance with city standards. If sufficient funds have not accumulated, the already-collected funds need not be expended within five years, provided that the Council determines that they can eventually be expended to benefit zone residents. By making this determination, the city will be able to continue accumulating funds in each zone until there are amounts that are sufficient to establish and improve park and recreation facilities that July 15, 2003, 11:16AM ADMINISTRATIVE REPORT Page 2 provide long-range benefits to residents. The determination shall be to identify the purpose for which the fees are proposed to be expended. In the event that no need could be demonstrated, then the funds would have to be refunded to the current property owner. Staff has identified needed projects to utilize existing and projected funding in each zone. Staff continues to plan for future park development and improvements. Existing balances in some zones are not sufficient to fund additional projects; however, it is projected that the necessary additional monies will be collected, as there is further development in these zones. This Administrative Report requests Council to make findings and commit all unexpended funds collected for both acquisition and development, which the City will have held for five (5) or more years in accordance to the attached. Schedule A summarizes unexpended revenue on hand after five years. Schedule B is staff's recommendation, which summarizes proposed expenditures for these funds in future, and/or existing parks. On May 28, 2003, the Council approved the City Manager's Report 3-03, which included a recommendation to reduce the number of park zones from six to three effective July 1, 2003. This administrative report provides information prior to July 1, 2003. Staff will report on the unexpended funds for the new zones for ending FY 03/04 after July 1, 2004. : r Ij July 15, 2003, 11:16AM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 18, 2003 AP. EROVED DEPARTMENT HEAD ~r~ CITY ATTORNEY ~t~ , CITY MANAG ER_~~ Resolution adding territory, Area 4-27 (Fairfax, Royal Coach) 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. 0Nard 3) RECOMMENDATION: Staff recommends adoption ofthe Resolution. BACKGROUND: On July 9, 2003 the Council adopted Resolution of Intention No. 1305 to add territory, Area 4-27 (Fairfax, Royal Coach), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Lot 30 of Tract No. 4621. 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 wilt 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 developer to be recorded with the development of the property. A copy of this covenant is attached for reference. Lvd June 30, 2003, 4:49PM G:\GROUPDAT~ADMINRPT~2003\07-30\MD4-27Est03.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent ITEM ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building July 15, 2003 APPROVED D EP AR TMENT HE A~..~. CITY ATTORN EY,~,/' ',~'Z~' A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1,2, 3 & 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on July 21, 2003, by the Assistant to City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 5 Augusta Street 018-250-15 $ 245.00 2. 29Augusta Street 018-250-26 $ 245.00 3. 317 S. Bliss Street 169-103-06 $ 723.00 4. 812 S. Brown Street 019-142-06 $ 290.00 5. 820 S. Brown Street 019-142-04 $ 633.00 6. South of 122 Hayes Street 018-320-05 $ 290.00 7. 124 Hayes Street 018-320-03 $ 310.00 8. 122 Milham Drive 139-421-05 $ 489.00 9. 132 Milham Drive 139-421-06 $ 264.00 July 16, 2003, 9:47AM P:\july30bll .doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST 10. 1214 Murdock Street 018-111-12 $ 470.00 11. 1508 Murdock Street 018-122-19 $ 240.00 12. 216 S. Qwens Street 018-230-08 $ 355.00 13. 1412 Potomac Avenue 018-062-24 $ 440.00 14. 1507 Potomac Avenue 018-091-13 $ 245.00 15. 215 E. 5th Street 139-270~20 $ 339.00 16. 614 E. 9th Street 139-112-09 $ 269.00 17. 1408 E. 9th Street 018~061-30 $ 240.00 Ward 2/Councilmember Benham 18. 1032 Kern Street 014-260-05 $ 993.00 19. 1205 Monterey Street 015-330-02 $ 519.00 20. 2208 San Emidio Street 007-083-13 $ 439.00 21. 1718 Tulare Street 012-380-22 $ 319.00 22. 911 E. 21st Street 017-130-03 $ 355.00 Ward 3/Councilmember Ma.q.qard 23. 3707 L Street 120-110-05 $ 269.00 Ward 7/Councilmember Salva.qRio 24. NEC Hosking & Monitor 25. 2601 White Lane 516-020-25 $ 739.00 405-230-20 $ 534.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. JULY30BIHRG July 16, 2003, 9:47AM P:\july30bll .doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent ITEM <~, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building July 15, 2003  PR~ED DEPARTMENT HE f · CITY ATTOR ~ A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessment of 717 Sumner Street in the City of Bakersfield for which a structure has been demolished and authorize collection of the assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on July 21, 2003, by the Assistant to City Manager and all proposed charges were confirmed. The subject property listed below was in violation of the Uniform Code for the Abatement of Dangerous Buildings pursuant to Title 15 of the Bakersfield Municipal Code. The owner of the property agreed to allow the City to remove the dangerous building by signing a Consent for Demolition. The subject property is listed as follows: PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 1. 717 Sumner Street 016-070-05 $12,335.00 As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City Manager has approved the assessment associated with the above mentioned property. The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. JULY30B1 DHRG July 22, 2003, 3:06PM P:\july30btd.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar TEM: 6. (,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 16, 2003 DEPARTMENT HEAD ~//A/~VED CITY ATTORNEY J~/~ c,TY MANAGER ~osolution Ordo~n~ th~ Summa~ Va~tion of the florae and dmina~o ~asomont and tho (2) tompom~ a~ess ~nd sto~ drain oasemonts westorly of Sou~ H Streot, bo~eon Barkshire ~oad and Hoskin~ Avenue (in Ten~tive Tract Ro. 5738). ~ard 7) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The three easements were granted to the City by Mr. John G. Giumarra, Jr., in 1994 during the processing of Phase 1 of Tentative Tract No. 5738. The easements were for a temporary sump, storm drain alignments and temporary access purposes. The Tentative Tract expired August 17, 2002, and the easements have never been used for their intended purpose. Mr. Giumarra is requesting vacation of the unused easements because he is not contemplating any similar subdivision of this property. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes no public drainage facilities are located in the vacating area. All property owners within a radius of 300 feet of the vacating area have been notified and none have indicated any objections as of the date of this report. Public Works recommends that the vacating action be by summary process pursuant to Streets and Highways Code Section 8333(a) whereby Public Service Easements may be summarily vacated if not used for the purpose for which dedicated or acquired for five consecutive years immediately preceding the proposed vacation. The City Planning Commission at its meeting of June 19, 2003, heard the proposal and found the proposed vacation to be consistent with the Metropolitan Bakersfield 2010 General Plan. July 16, 2003, 4:47PM G:\GROUPDA'iSADMINRP'r~003\O7-30~Resolution Admin for Vacation of F&D Easement.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar TEM: ~, m, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD !/(/, , DATE: July 17, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1260 to add territory, Area 1-27 (Noriega, Old Farm NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 0Nard 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6068 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-27 is generally bounded by a line 1/4 mile north of Noriega Road on the north, Old Farm Road on the east, Noriega Road on the south and a line 1/4 mile west of Old Farm Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District, This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted 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, 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 July 17, 2003, 1:29PM S:\PROJECTS\MAINDIST~ADMINRPT~MD 1-27Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, n, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 15, 2003 DEPARTMENT HEAD ~,/¢------~ CITY ATTORNEY CITY MANAGER ~/~/~ Resolution of Intention No. 1306 to order the vacation of the 20 foot wide alley west of Chester Avenue between 26th and 27th Streets (Block 486). (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: San Joaquin Hospital is planning a 135,000 square foot building expansion project at their existing location. The expansion project includes a new parking lot over the entire block east of the hospital to Chester Avenue, between 26th and 27th Streets (Block 486). The hospital requests vacation of the public alley in Block 486 to facilitate the new parking lot design. The hospital owns all of the property in Block 486. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes that there is a public sewer main located in the vacating area. The utility companies serving the area have been notified by mail and the utility companies have indicated they have facilities in the vacating area that will need to be protected by reservation of an easement. Public Works notes that a public utility easement must be reserved over the entire vacating area to serve this purpose. All property owners within a radius of 300 feet of the vacating area have been notified and none have indicated any objections as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of June 19, 2003, and was found to be consisterit with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date of August 27, 2003, for public hearing on the proposed vacation. July 15, 2003, 10:23AM G:\GROUPDATV~DMINRPT~2003\07-30~Res 1306 Admin.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 16, 2003 Mohawk Street Underpass Grade Separation Project: APPROVED DEPARTMENT HEAD CITY ATTORNEY 1. Resolution authorizing Public Works Director to execute agreement on behalf of the City of Bakersfield. 2. Agreement with State of California, Department of Transportation to provide reimbursement funding, not to exceed $5,000,000, for Project. 3. Joint Agencies Agreement with the Greater Bakersfield Separation of Grade District ($160,000) for preliminary design and right of way engineering. 4. Appropriate $160,000 Transportation Development Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Resolution and Agreements. BACKGROUND: The Separation of District recently applied, on behalf of the City and County, for Section 190 Program funding for the Separation of Grade project where Mohawk Street crosses the Burlington Northern and Santa Fe Railroad. The District was successful with this application, and now the City needs to pursue right of way acquisition, design, and construction of the project. Although the project area for the Mohawk Separation of Grade is not currently within the corporate limits of the City, this project is part of the Westside Parkway for which the City of Bakersfield is the lead agency. And at the February 26, 2003 City Council meeting, the Council approved a joint agencies agreement between the City, the County, and the Separation of Grade District that identified the City's responsibilities for the Mohawk Separation of Grade project. City staff has had preliminary discussions with County staff regarding annexations in the area, and City staff plan to pursue annexations that include the project site. The first agreement is between Caltrans and the City and provides for Caltrans to reimburse the City, up to a maximum of $5,000,000 (the maximum allowed under the Section 190 Program), for work performed on the project. This money can only be used for construction, and will be budgeted in the Fiscal Year 2004- 2005 Capital Improvement Program. Caltrans is also requiring a resolution regarding execution of this agreement. Staff is suggesting that the Public Works Director be authorized to execute the agreement on behalf of the City of Bakersfield. The second agreement is between the Separation of Grade District and the City, and is for District to provide preliminary design and right of way engineering for the project. The City has traditionally contracted with the District to provide these services. Once this work is completed, the City will then begin pursuing acquisition of right of way needed for the project, as well as use the preliminary engineering work completed to begin preparation of construction plans and specifications for the project. The appropriation will provide the necessary funding for the Joint Agencies Agreement. July 24, 2003, 8:46AM G:\GROUPDAT~ADMINRPT~.003\07-30\Mohawk Grade Separation.dot MEETING DATE: ADMINISTRATIVE REPORT IAGENDA SECTION: Consent ITEM: ,~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 24, 2003 ~'~/R/(~EO CITY MANAGI~R~ Agreements for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change P03-0337. ~ard 3) Agreement between General Holdings, Inc. and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $125,270.00 developer's contribution to the Development Services operating budget in the general fund. Agreement between Michael Brandman Associates and the City of Bakersfield for $96,362.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change P03-0337 generally located in the hills south of Hart Park. RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: The proposal is an 847 acre commercial/residential development in the hills south of Hart Park. In order to process the land proposed, it is necessary to prepare an Environmental Impact Report. Applicant - City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and General Holdings, Inc. regarding the preparation of an Environmental Impact Report for General Plan Amendment/Zone Change P03-0337. Consultant - City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and Michael Brandman Associates regarding the preparation of an Environmental Impact Report for General Plan Amendment/Zone Change P03-0337. All projects requiring Environmental Impact Reports necessitate significantly extra staff time and materials. The applicant will pay an additional $28,908.00 to the City against which staff will charge for staff's time and materials. Any leftover monies are returned to the applicant at the conclusion of project processing. The developer's contribution is $96,362.00 for the consultant costs and $28,908.00 for staff's costs, for a total of $125,270.00. MG:pjt Admin\eir-0337 ADMINISTRATIVE REPORT IMEETING DATE: July 30, 2003 TO: FROM: DATE: Honorable Mayor and City Council Eric W. Matlock, Chief of Police July 17, 2003 SUBJECT: AGENDA SECTION: Consent Calendar ITEM: DEPARTMENT HEAD ~ED CITY A'n'ORNEY ~ CiTY M AN AG E R (/~//_/4~// Memorandum of Understanding for $404,400 between Kern County Superintendent of Schools and the City of Bakersfield regarding Crossing Guard Services. RECOMMENDATION: Staff recommends that Council approve the agreement. BACKGROUND: The Bakersfield Police Department administers funding for 36 local school crossing guards with a budget for FY2003/04 of $414,400. Due to budget constraints, the current allocation for crossing guards was reduced by ten percent form $460,000 for FY 2002/03 to its existing amount. The contact for City funded crossing guard services ended June 30, 2003; however, a one month agreement not to exceed $10,000 was established between the City and the current contractor for crossing guard services for the month of July 2003. This leaves a balance of $404,400 for the remainder of the fiscal year. It is anticipated that the present service provider will require at least a ten percent increase in its fees for FY 2003/04, making the projected cost for locally funded crossing guards $506,000. This leaves, at minimum, a $92,000 deficit. Staff has met with all Iocai school districts, who have City funded crossing guards, and notified them of the anticipated deficit. All agree that crossing guards are necessary and all affected districts agreed they must share the burden of the shortfall. In order to have a central control point for the distribution of City crossing guard funds, staff met with the Kern County Superintendent of Schools who agreed to distribute the City's crossing guard funds to the individual districts. The Kern County Superintendent of Schools will merely distribute the funds and will not add to nor subtract from them. This removes the Potice Department from this task and makes the individual school districts responsible for their own crossing guard contracts. The City of Bakersfield and the Kern County Superintendent of Schools desire to enter into a one year Memorandum of Understanding wherein the City will contribute $33,700 per month to the Kern County Superintendent of Schools for a total annual contribution of $404,400. The Kern County Superintendent of Schools will work with the various districts to establish an equitable method of distribution for the City's crossing guard funds. EWW/TDT/plp July 23, 2003, 2:35PM G:\EVERYONEV~dmin\Crossing Guard Services.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M Rojas, Public Works Director DEPARTMENT HEAD ~/~...~ DATE: July16,2003 CITYATTORNEY--//~'~.~ / CITY MANAGER SUBJECT: Consent To Common Use between the City of Bakersfield and Chevron Pipe Line Company for a pipe line easement within Tract 5966 located south of Hageman Road and west of Jewetta Avenue (Ward 4) RECOMMENDATION: Staff Recommends approval of the Consent To Common Use. BACKGROUND: The Developer of Tract 5966, located south of Hageman Road and west of Jewetta Avenue is required to construct the streets with in the boundary of the subdivision. There is an existing Chevron Pile Line Company easement that will be located in various streets within the subdivision. Upon acceptance of the streets 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. July 16, 2003, 10:55AM G:\GROUPDAT~ADMINRPT~2003\07-30\CONSENT TO COMMON USE WITH CHEVRON.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: <~. 5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 15, 2003 AP ~...OVED DEPARTMENT HEAD CITY ATTORNEY Consent To Common Use between the City of Bakersfield and Pacific Bell Telephone Company for an easement within Brimhall Road. (Ward 4) RECOMMENDATION: Staff Recommends approval of the Consent To Common Use. BACKGROUND: The Developer of Tract 6121, located north of Brimhall Road and east of Jenkins Road is required to construct Brimhall Road adjacent to south boundary of the subdivision. There is an existing Pacific Bell Telephone Company easement located in proposed Brimhall Road. 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. July 15, 2003, 9:49AM G:\GROUPDAT~ADMINRPT~2003t07-30\CONSENT TO COMMON USE WITH PACIFIC TELEPHONE.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: 4. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 17, 2003 DEPARTMENT HEAD /~_~ROVED MA. AG License to Encroach on Right-of-Way agreement with A~in Edison Water Storage District for proposed pedestrian crossing over the A~in Edison Canal for the Kern River Bike Path and Riparian Restoration Project. ~ard 2) RECOMMENDATION: Staff recommends approvat of agreement. BACKGROUND: The existing bike path in the area of the Arvin Edison Canal is proposed to be improved with a current Capita[ Improvement Project. Currently, the bike path crosses over the inlet structure of the Arvin Edison Canal near the Kern River. The existing path over the inlet structure has a sharp curve and is fenced on both sides limiting the line of sight. The proposed pedestrian crossing will eliminate the curve at this location and will improve the line of sight. The new crossing will also allow better access by the Water Storage Districts to maintain their facilities in this area. July 17, 2003, 2:13PM G:\GROUPDAT~ADMINRPT~2003\07-30~.-E bikepath encroah.dotG:\GROUPDAT~ADMiNRPT~2003\07-30\A'E bikepath encroah.dot Engr NF ADMINISTRATIVE REPORT MEETING DATE: Juty 30, 2003 AGENDA SECTION: Consent Calendar ITEM: '~. ~. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) (7) Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 11, 2003 DEPARTMENT HEAD ,/~/~ROV E D CITY ATTORNEY _//~,-- CITY MANAG ER . ~-,,~,.~/,...~ ../' .~** Tract Maps and Improvement Agreements Final Map and Improvement Agreements with Centex Homes for Tract 6104 Units 3, 7, and 8 located east of Buena Vista Road and north of Panama Lane. 0Nard 5) Final Map and Improvement Agreements with Froehlich, Inc. for Tract 6121 Phase 1 located north of Brimhall Road and west of Allen Road. (Ward 4) Final Map and Improvement Agreements with Floyd G. Hinesley for Tract 6129 Phase 1 located north of Noriega Road and east of Allen Road. (Ward 4) Final Map and Improvement Agreements Olive Park Land Company for Tract 6117 Unit 1 located north of Reina Road and east of Old Farm Road. (Ward 4) Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar Bakersfield for Tract 6082 Unit 6 located north of Pacheco Road and west of Old River Road. (Ward) Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield for Tract 6032 Unit 2 located north of Ming Avenue and east of South Allen Road. (Ward 4) Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, and McMiilin Emerald Estates, LLC for Tract 6146 Unit 1 located north of Noriega Road and west of Jewetta Avenue. (Ward 4) RECOMMENDATION: '~taff 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 1N THE CITY CLERK'S OFFICE FOR REVIEW. July 14, 2003, 8:52AM G:\GROUPDAT~ADMINRPT~003\07-30\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: '~. ~/. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APP. BOVED Raul Rojas, Public Works Director DEPARTMENT HEAD Ju y 2003 A ORNE¥ Construction Management Se~ices Agreement with Parsons Brinkerhoff Construction Se~ices, Inc. ($230,172) for State Route 99 at White Lane Over-crossing Widening and Interchange Improvements. ~ard 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Due to the complexity and duration of White Lane at State Route 99 overcrossing widening and interchange improvements project, a full time construction manager and up to three inspectors are required to inspect daily construction activities. Public Works Construction Division does not currently have the staff to provide the necessary inspection services. On May 27, 2003, the City received Statements of Qualifications from six firms in response to the City's Request for Qualifications for construction management services. On June 19, the City conducted interviews with four qualified firms: Boyle Engineering Corporation, Civ-Tek Corporation, Harris & Associates, Inc., and Parsons Brinkerhoff Construction Services, Inc. These firms were then ranked according to their qualifications, interview presentations, and technical proposals. The Selection Committee, consisting of three Public Works staff, recommends award to Parsons Brinkerhoff based on their combination of qualifications and fee proposal being the most favorable to the City. Funding for this Construction Management Services is 100% Transportation Development Fund. Engr. dc 7/17/2003 1:03 PM G:\GROUPDAT~ADMINRPT~2OO3\07-30\Admin Rpt CM_White Ln.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~o. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 17, 2003 APR OVED DEPARTMENT HEAD ~ ClTY MANAGER Relocation of the Friant-Kern Canal at the intersection of Olive Drive and Calloway Drive (Ward 4): Contract Change Order No. 4 to Agreement No. 02-334 with Vadnais Corporation for $114,085.62 (for a total contract amount of $3,571,392.41 ). Appropriate $120,000 fund balance to the Capital Improvement Budget within the Transportation Development fund for this project. RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation. BACKGROUND: In order to construct the Box Culvert portion of this project, the Kern-Friant canal had to be shut-down. The timing of this shut-down was dictated to the City by the Friant Water Users Authority. After the shut-down occurred, the Friant Water Users Authority indicated that water would be turned back into the canal four days earlier than originally stated. This caused Vadnais to accelerate operations thereby causing additional expense in order to meet this new schedule. The contractor has agreed to accept $13,354.33 as full compensation for this work acceleration. After the project bid, a method of concrete placement for the canal liner known as "shotcrete" was rejected by the Friant Water Users Authority and the Bureau of Land Management. These agencies dictated that the liner be placed in separate panels. This alternative method of concrete placement for the canal liner is labor intensive thereby increasing the cost to the contractor for this work. The contractor has agreed to accept a lump sum of $100,731.29 for this change. July 17, 2003, 11:29AM G:\GROUPDAT~ADMINRP'r~2003~07-30\CCO 4 Friant Kern CanaLdoc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, X. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director July 17, 2003 .~VED CITY MANAGER ~ Amendment No. 1 to Agreement No. 02-341 with Kern Economic Development Corporation for $54,000 for economic development in Kern County. (Wards All) RECOMMENDATION: Staff recommends approval. BACKGROUND: The agreement with Kern Economic Development Corporation expired June 30, 2003. This amendment would extend that agreement to June 30, 2004, as well as make it retroactive to July 1, 2003. Payment to Kern EDC has been two-phased: First, there is an annual contribution which was $20,000 during the past fiscal year. Second, there is an incentive contribution which Kern EDC can earn should it be directly responsible for creating new jobs within the City of Bakersfield. During the past fiscal year, the potential incentive amount was $50,000. No incentive payments were earned by Kern EDC during the past fiscal year. Due to the State of California's budgetary uncertainty, Kern EDC, like other outside organizations that receive City funding, have been asked to take a reduction in contributions. This amendment retains the $20,000 annual payment but reduces the potential incentive amount from $50,000 to $34,000. The amendment also changes how the annual payment is made. Rather than making the annual payment in one lump sum, the amendment would change the payment to periodic payments. The first payment would be $2,000 payable by September 1. Beginning October 1, monthly payments of $2,000 would be made. Should the State's budget situation worsen, this system of periodic payments would allow the agreement to be terminated and any commitment for future payment to be negated. S:~Admins\City Council\KEDC.doc 7/17/2003 10:07 AM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar TEM: <~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Ccuncil Raul M. Rojas, Public Works Director July 10, 2003 DEPARTMENT HEAD L//~___ROVED CITY ATTORNEY Amendment No. 2 to Agreement No. 01-204 with Kleinfelder, Inc. ($60,000 for a total not- to-exceed compensation clause of $640,000) for Material Testing Services for Various Construction Projects. RECOMMENDATION: Staff recommends s, pproval of Amendment. BACKGROUND: Agreement No. 01-204 with Kleinfelder, Inc. was approved by the City Council on September 5, 2001 with a not to exceed compensation clause of $296,035. On November 20, 2002, Council approved Amendment No. 1 increasing the compensation amount of this agreement to $580,000. On July 9, 2003, City Council approved agreement 03-182 with Krazan & Associates for the matedal testing services for the next two fiscal years; however, Kleinfelder is the testing firm of-record on both the Ice Center and Fire Station 15/Police Substation projects. It is advantageous from a liability standpoint to maintain the same matedal testing firm of-re;:ord throughout a project. This amendment extends the period of con~-ract 01-204 with Kleinfelder until December 31, 2003 and adjusts the total compensation to $640,000. Funding for this amendment will be from the budgeted Ice Center and Fire Station 15/Police Substation Projects. July 10, 2003, 3:11PM G:~GROUPDAT~ADMINRPT~2003\07-30~Amend 2 Ag 01-204 doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 3, 2003 AP,~ROVED DEPARTMENT HEAD /,~/~----- CITY ATTORNEY ~ CITY MANAGER Amendment No. 1 to Agreement No. 97-179 with the State of California, Department of Transportation Increasing Allocation of Funds for the Q Street Grade Seperation Project by $274,315.72 (for a revised total contract amount of $5,138,315.72 - Ward 2). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: An Agreement between the City and the State of California, Department of Transportation was approved by Council on June 25, 1997 which provided for the allocation of $4,864,000 toward the Q Street Underpass Project. Total project costs came in higher than originally anticipated. Staff has successfully pursued a supplemental allocation for this project because of the increased costs. As indicated in the agreement, the State will allow for a $274,315.72 supplemental allocation. This amendment increases the State allocation for the Q Street Overpass Project from $4,864,000 to a total of $5,138,315.72. July 7, 2003, 8:32AM G:\GROUPDAT~ADMINRP'F~2003\07-30\Amend 1 to 97-179.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Christensen, Assistant City Manager July 18, 2003 DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER_~~ Amendment No. 7to Service Agreement No. 97-140 with Tiburon, lnc.,notto exceed $81,860.00, forPoliceDepartmentComputerSystems. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In 1997, the City pumhased police CAD (Computer Aided Dispatch) and records management (RMS) software from Tiburon, Inc. The City subsequently entered into Agreement No. 97-140 for annual service for the software. Annually, the City renews the service agreement. This amendment no. 7 will continue the service agreement until June 30, 2004. The annual cost of the service agreement is $81,860.00. The Police Department has purchased new CAD & RMS software through Versaterm. However, the existing Tiburon System and the data contained therein is necessary for the Police Department to function properly. Over time, the Police Department will cease using the Tiburon system, so annual maintenance cost will then cease. This agreement may be cancelled at any time with thirty days written notice. JS:js C:\Documents and Setlings~alawrenc. BAKERSFIELD~Local Setlings\Temp~Admin for Tiburon Agreement Amt 7.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 17, 2003 APPROVED DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER~~ Bridge on Allen Road over the Kern River (Ward 4) 1. Award Consultant Agreement RBF Consulting to ($208,753.00) for Environmental Study on the Proposed Bridge on Allen Road over the Kern River 2. Appropriate $35,000 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends award of the agreement and appropriation of funds. BACKGROUND: As development continues in the west and southwest portions of the metropolitan area, additional road crossings of the Kern River become necessary to provide the necessary road circulation system. The City is responsible for the construction of bridges crossing the Kern River since the City has control of the land within the river flood plain. The Fiscal Year 2003-04 Capital Improvement Program includes a project to conduct the environmental studies that are necessary for this major infrastructure improvement. Staff issued a request for proposals to firms that would be interested in conducting those studies for the City. Staff then reviewed the documents that were submitted by the two firms that chose to respond to our request. Upon reviewing those documents, staff recommends awarding the agreement to the firm of RBF Consulting based on their combination of qualifications and fee proposal being the most favorable to the City. Additional funds need to be appropriated for this agreement as the adopted budget only included $175,000 for this study. ADR / PW Engineering July 17, 2003, 2:06PM G:\GROUPDAT~ADMINRPT~2003\07*30~,Ilen Road Bridge at Kern River Environmental Study.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 16, 2003 APPROVED DEPARTMENTHEAD Accept bid to award annual contract to Marden Susco, not to exceed $400,000.00, for fire hydrants and burys. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: The City buys fire hydrants and burys and keeps them available for replacement, and to sell to the developers of residential and commercial development tracts. Since the City Fire Department must be able to access the hydrants at all times, this assures compatibility and standardization. Bids were received from four (4) vendors. The unit prices were compared and the lowest bid was offered by Marden Susco. Purchasing Division DW:ljm P:~,DMrN~003 ADMIN\C03_0730_C AC Marden Susco.doc July 16, 2003, 9:58AM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~(~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 17, 2003 Pacheco #10 Area Sewers (Ward 7): A~.~VE D DEPARTMENT HEAD · ATTOR.E -- C,TYMAN^GER Accept bid to award contract to Sierra Cascade Construction, Inc. ($856,500). Transfer $80,000 prior years program and project savings and appropriate $130,000 fund balance (prior year uncommitted program income) to the CDBG Capital Improvement budget for the Pacheco #10 Sewer Project. RECOMMENDATION: Staff recommends acceptance of tow bid, award of contract, and approval of transfer and appropriation. BACKGROUND: This project consists of constructing a new sewer system complete with sewer mains, manholes and laterals in the following streets: Centaur Street, Marcy Street, Pandora Street, Debby Street, Elysium Street, Wade Avenue and Faxon Avenue. In addition, a sewer lift station will be constructed on the northeast corner of Centaur Street and Faith Avenue. Sewer laterals will extend to street right-of-way only, and it will be the responsibility of the homeowner to connect the sewer lateral to the residence, abandon the septic tank and pay for any connection fee and permit necessary to perform the work. With this project, sewer service will be available to an established neighborhood currently without sewers. This project is budgeted within the 2003-2004 fiscal year Capital Improvement Program and is to be funded with Community Development Block Grant funds. Four (4) acceptable bids were received on June 11, 2003 as follows: Sierra Cascade Construction, Inc. 1043 West Avenue M-4, Suite E Palmdale, CA 93551 In the amount of $856,500.00 Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (County) In the amount of $933,000.00 cmw July 8, 2003, 1:19PM G:\GROUPDAT'~ADMINRPT~2003~7-30\PacheCo #10 Sewers.doc ADMINISTRATIVE REPORT W. M. Lyles Co. 1210 W. Olive Avenue Fresno, CA 93728 Mauldin-Dorfmeier Construction 3240 N. Millbrook Fresno, CA 93728 In the amount of In the amount of $966,320.00 $993,726.00 The funds requested to be transferred, when added to the existing appropriations, exceed the bid amount. These additional funds will pay for design engineering, inspection services, and possible change orders. crow July 8, 2003, 1:19PM G:\GROUPDAT~ADMINRPT~.003~07-30\Pacheco #10 Sewers.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director July 17, 2003 DEPARTMENT HEAD ~P~-¢vED CITY ATTORNEY ,~--~ CITY M ANAG ER~'~'~ Accept bid to award contract to Bowman Asphalt, Inc. ($1,081,778.11) for Kern River Bike Path and Riparian Restoration from Stockdale Hi~]hway to Manor Street. 0Nards 2, 3, & 4) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The City's bike path along the Kern River stretches from Enos Lane to Gordons Ferry. A 7-mile section of the bike path from Cai State University Bakersfield to Manor Street does not meet our current standard width of 12 feet and is in poor condition. This project consists of resurfacing this section of the bike path and widening to current standards. The project also involves minor changes to the bike path alignment to soften sharp curves at several locations, provide a landscape barrier between the bike path and Truxtun Avenue near Coffee Road, construct a pedestrian bridge over the Arvin-Edison Canal near Coffee Road, construct slope paving under State Route 99 to prevent erosion, expand the parking lot at Manor Street, and construct a landscaped rest area with water fountains near Manor Street underpass. This project also includes riparian restoration (native plants and wildlife habitats) along the Kern River Parkway from Stockdale Highway to Calloway Drive. Over 650 new trees will be planted on both side of the bike path from Stockdale Highway to Calloway Drive. In addition the bike path will be extended over the Bellevue Weir to the north side of the Kern River and around the reservoir adjacent to the future soccer park which also includes planting trees on both sides of the path. This project is 100% funded with State's Prop 12 and Prop 13 money which is currently available within the Water Resources Department Capital Improvement Budget. On July 9, four acceptable bids were received: Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 Granite Construction Co. 3000 James Road Bakersfield, CA 93308 Valley Crest Landscape Development 12087-10 N. Lopez Canyon Road San Fernando, CA 91342 (Out of town) In the amount of In the amount of In the amount of $1,081,778.11 $1,177,562.50 $1,182,104.00 Griffith Company 1898 S. Union Avenue Bakersfield, CA 93307 In the amount of $1,201,082.00 Engr. dc July 17, 2003, 12:05PM G:\GROUPDAT~ADMINRP'I~2003\07-30\Bike-Path_CSUB to Manor_AdminRpt.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 17, 2003 APPROVED DEPARTMENT HEAD~ A OR.E¥ Accept bids to award annual contracts to San Joaquin Supply Corporation and P & R Paper Supply Company, not to exceed $60,000.00, for janitorial supplies. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: The General Services division of Public Works provides janitorial service for City offices. Invitations to bid were sent to seven (7) vendors. Three (3) bids were received. The unit prices of the bidders were compared to determine the lowest cost, and staff recommends the award be split between two (2) vendors, San Joaquin Supply Corporation and P & R Paper Supply Company, not to exceed the amount budgeted. Purchasing Division DW:ijm P:~ADMIN~003 ADMIN\C03_0730_D_AC Janitorial Supplies.doc July 18, 2003, 9:50AM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. (~. TO: FROM: DATE: Honorable Mayor and Cit~ Council Gregory J. Klimko, Finance Director July 15, 2003 DEPARTMENT HEAD.,/' CITY ATTORNL~Y ~; CITY MANAGER~,~ APPROVED SUBJECT: Accept bid from John Deere Company through South Kern Machinery $121,041.30, for three (3) replacement diesel powered rotary mowers for Parks Department. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to fifteen (15) vendors. One (1) bid was received July 14, 2003. The bid from John Deere Company, through South Kern Machinery, reflects the 26% discount available through California Multiple Award Schedule B (CMAS), a California State contract. Purchasing Division DW:Ijm P:~ADMIN~003 ADMIN\C03_0730_B_Diesel Powered Rotary Mower.doc July 15, 2003, 10:58AM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: c~. ~h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 7, 2003 DEPARTMENT HEAD A~/~VED CITY ATTORNEY Reject all bids for Chester Avenue Streetscape Project from 34t" Street to West Columbus Street. (Ward 3) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Bids on this project were received on June 6, 2003 from three local firms. All bids were significantly in excess of the Engineer's Estimate ($339,300) and funds available from Community and Economic Development ($334,000). After reviewing the bids, staff is proposing to modify the scope of work under this project as follows: 1. Delete the median street lights from the project. Future street lights could be installed in parkways when funds are available. 2. Remove the Traffic Signal Modification at West Columbus Street and Chester Avenue from the contract and have city crews complete this portion of work. 3. Remove the landscaping from the contract and have city crews pedorm the landscape work after the contractor has completed the balance of the project. This approach will allow the construction of the median islands complete with hardscape and irrigation system. The City will absorb the cost of design and construction engineering, cost of traffic signal modification and landscaping labor. Staff recommends re-advertising this project after city crews have completed the traffic signal modification. Three unacceptable bids were received on June 6, 2003 as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in amount of S485,509.00 Granite Construction Co. James Road Bakersfield, CA 93308 (County) in amount of $501,550.50 Solid Construction, Inc. 3413 Ginseng Lane Bakersfield, CA 93309 (City) in amount of $562,186.72 WGM Pubic Works/Design Engineering July 7, 2003, 3:41PM G:\GROUPDAT~ADMINRPT~2003\07-30\Chester Avenue Streetscape Project.dot ADMINISTRATIVE REPORT IMEETING DATE: July 30, 2003 AGENDA SEC..TION: Consent Calendar ITEM: <~, LC. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 15, 2003 Reject all bids for water truck for the Solid Waste division of Public Works. RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Due to budget constraints, the Public Works Director recommends all bids be rejected and the need for the water truck be reevaluated at a later date. Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03_0730_A_Water Truck REJECT BIDS_b.doc July 15, 2003, 1:47PM ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police July 1, 2003 DEPARTMENT HEAD ~O V_E D CITY ATFORNEY .~ CITY MANAGER Accept donation of generator from the Kern Law Enforcement Foundation to the Bakersfield Police Department SWAT team. RECOMMENDATION: Staff recommends acknowledgement of donation. BACKGROUND: The Bakersfield Police Department SWAT Team provides a highly trained and skilled tactical team to handle critical incidents and reduce the risk of injury to citizens, officers and suspects. The team is trained to handle myriad of situations some of which include hostages, barricaded suspects, snipers, dignitary protection, warrant service, apprehension of violent suspects and special assignments. The team was in need of a generator for the crisis negotiations van, which also doubles as the departments mobile communications van, in order to power radios and electrical systems while on location. Kern Law Enforcement Foundation graciously donated a generator valued at $1,383 to the SWAT Team. This generator will increase the operational capability of the entire SWAT Team. WRR/DAD/rcu July 23, 2003, 12:52PM P:~ADMRPT~KLEF Donation to SWAT.dot ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Consent ITEM: ~. ~,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 18, 2003 DEPARTMENT "~...~ .~ CITY ATTORN~'. /~ ..)/'~/~-----~ c,. MA. AGER Emergency Authorization to appropriate $382,000 in additional building fee revenues to the Building Division operating budget for four additional Building Inspector 1/11 and transfer $75,200 to the Equipment Fund for vehicles. (All Wards) RECOMMENDATION: Approve four additional Building Inspector positions and the purchase of vehicles and equipment. BACKGROUND: The Building Division has been overwhelmed by an exceptionally prolonged high level of building activity. All indications are that it will continue well into the future. The issuance of building permits is ministerial (the Building Director may not refuse to accept a legitimate application). But, the applicants are required to pay all costs associated with plan checking, inspection and administration of the building inspection program through payment of building permit fees. These fees are collected with the issuance of permits and by law may not be used for any other purpose. As a result of this surge in activity, the Building Division has fallen behind in staffing to respond to the need for increased inspections and our commitment to conduct them. At least four additional inspectors are required to satisfy the obligation to protect the public safety of our general populous and certification that builders have complied with the building codes in constructing their buildings. The estimated cost to fund the four positions is $306,800 plus a one time cost of $75,200 for equipment and vehicles for a total appropriation of $382,000. The estimated on-going annual cost s $76,700 for each position. JH Admin/jul/'7-30 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: ITEM: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 24, 2003 McMurtrey Aquatic Center (Ward 2): APr~PROVED DEPARTMENT HEAD ~ CITY ATrORNEY CITY MANAGER ~~ Accept bid to award contract to S.C. Anderson, Inc. ($5,853,800.00) for construction of the McMurtrey Aquatic Center. Appropriate and Transfer $101,000 Sewer Enterprise Fund balance to the Capital Improvement Budget for project. 3. Transfer $103,000 between CDBG Capital Improvement projects therefor. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and appropriations. BACKGROUND: In June 2002, staff began preparing the design and construction documents for Bakersfield's ice center and aquatic center projects. Staff determined that separate construction contracts should be issued for these projects based on the following facts: 1. The design for the Ice Center advanced quicker than the Aquatic Center. 2. The two projects require different construction trades. 3. The funding sources for the aquatic center include federal monies while those for the Ice Center do not include federal monies. In January 2003, the City received bids for the ice center project and awarded a construction contract to S.C. Anderson. In February 2003, staff began the process of pre-approving contractors to be on the Final Bidders List for the aquatic center. That process resulted in the following two local firms being approved to submit bids on this project: S.C. Anderson, Inc. and Colombo Construction Company, Inc. Construction funds for the project are budgeted in the FY 2003-04 Capital Improvement Program. (continued on next page) ADR / PW Engineering G:\GROUPOA3~ADMIN R PT~2OO3~7-30~McMur t ray Aquatic Center Rev724.doc Page 2 ADMINISTRATIVE REPORT Two bids were received on July 16, 2003 as follows: S.C. Anderson, Inc. 2160 Mars Court Bakersfield, CA 93308 Colombo Construction Company, Inc. 3211 Rio Mirada Drive Bakersfield, CA 93308 In the amount of In the amount of $6,050,000.00 $6,550,000.00 After the bid opening, staff met with the apparent Iow bidder, S.C. Anderson, Inc., to develop alternate designs on various elements of the project with the goal of reducing the costs to construct the project. Those discussions resulted in agreement to the following revisions: Project Element 1. Revised design of the perimeter fence 2. Revised design of the trellis 3. Deleted construction of perimeter pavement, sidewalk and curb / gutter 4. Reduced amount on decorative tile on project monument signs 5. Reduced height of tile on selected walls in the locker rooms Total Contract Amount Changes Contract Amount Change ($93,600.00) ($4,000.00) ($89,oo0.oo) ($3,0oo.oo) ($6,600.00) ($196,200.00) With agreement to the above the contract changes, the awarded contract amount is reduced from S.C. Anderson's bid to the amount of $5,853,800.00. The perimeter pavement, sidewalk and curb / gutter will be constructed by City staff and the City's annual contractors. None of the above revisions adversely affect the quality of the project, nor the public's experience in using the facility. The $103,000 CDBG funds are from the project for improving the streetscape at the intersection of 19tn Street and Eye Street. We plan to replace these monies in the next (2004-2005) CDBG budget cycle. ADR / PW Ertgineering July 24, 2003, 11:14A.M G:\G ROU PDA'I~ADMINRPT~2003~07- 30'~McM ur t fey Aquatic Center Rev724.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Hearings ITEM: I~. ii.,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney July 1, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~;~,~/~ Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of an interest in property located at the southeast comer of Coffee Road and Downing Avenue, Bakersfield, California, for widening of Coffee Road and Downing Avenue (Code of Civil Procedure section 1245.230, et seq.) (Ward 4) RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for the taking of an interest in property located at the southeast corner of Coffee Road and Downing Avenue, Bakersfield, California, for widening of Coffee Road and Downing Avenue, enabling the City to condemn the subject property interest. BACKGROUND: Code of Civil Procedure section 1245.230 requires that the City Council adopt a "Resolution of Necessi~' authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain "pre- condemnation" requirements be met. Each of these requirements has been met and is set forth in the Resolution of Necessity attached hereto and made a part hereof by this reference. Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City give each person whose property or interest therein is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the following: 1. Whether the public interest and necessity require the project; Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property interest sought to be acquired is necessary for the project; and July 1, 2003, 9:45AM S:\COU NClL~Admins\PG&ECoffeeRON,doc ADMINISTRATIVE REPORT Whether the offer required by Government Code section 7267.2 has been made to the owner(s) of the subject property. The specific findings of fact which support the Councirs adoption of the Resolution of Necessity are set forth therein and include: The City of Bakersfield plans to widen Coffee Road and Downing Avenue to enhance traffic flow & safety and to promote development of the northwest region of the City. A right turn lane from northbound Coffee Road to eastbound Downing Avenue will be installed. Other street improvements, to include a traffic signal light, will be made at the intersection. Said improvements will facilitate a commercial development on the west side of Coffee road and one which is planned for the currently vacant Coffee Road frontage parcel immediately south of this intersection and north of the Friant-Kern Canal. Required notice was provided to the property owner as set forth in the Resolution of Necessity. In order for the property owner(s) to appear before the Council, the property owner(s) must have filed a written request to appear and be heard within fifteen (15) days after the notice was mailed. (Code of Civil Procedure § 1245.235(a)(b)(3).) Failure to file a wdtten request results in the waiver of the right to appear and be heard. The Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a quorum of the members present). (Code of Civil Procedure § 1245.240.) BJ%MGA:Isc Attachment July 1, 2003.9:45AM S:\COUNCIL~Admins\PG&ECoffeeRON.doc ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 IAGENDA SECTION: Hearing ITEM: ~. D' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 26, 2003 DEPARTMENT HEAD~' CITY A'I-FORNEY CITY MANAGER~ General Plan Amendment/Zone Chan(]e 03-0014 (Ward 4) Marino and Associates has proposed a General Plan Amendment and an ordinance amendment for 80 acres, located at the southwest corner of Kratzmeyer Road and Allen Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 55 acres and GC (General Commercial) on 25 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 55 acres and to C-2/PCD (Regional Commercial/Planned Commercial Development) on 25 acres. Resolution approving the Cancellation of the Williamson Act Contract for the 80 acre site. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, first reading of the Ordinance and cancellation of the Williamson Act Contract. BACKGROUND: This amendment to the general plan would permit the development of single family residential units and retail commercial. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on June 19, 2003. Several people expressed concerns regarding the commercial center, for that reason the Planning Commission have recommended a Planned Commercial Development (PCD) overlay to provide greater control over the final design of the project. Applicant agreed to all conditions and mitigation for the project. ADMINISTRATIVE REPORT There was much discussion on air quality impacts and mitigation was incorporated into the conditions of approval. It should be noted that the measures regarding air quality were reviewed and supported by the Southern San Joaquin Valley Air Pollution Control District. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 9, 2003, in accordance with CEQA. MO Admin\july\7~30\0014 ADMINISTRATIVE REPORT IMEETING DATE: July 30, 2003 AGENDA SECTION: Hearing ITEM: ~, C~- TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 8, 2003 DEPARTMENTHEAD ~./~ED CITY A'rfORNEY (~'~p/~2 CITY MANAGER~ General Plan Amendment/RiverLakes Ranch Specific Plan/Zone Chanqe 03-0339 (Ward 4) Kyle Carter Homes is requesting a General Plan/RiverLakes Ranch Specific Plan Amendment from changing the land use designation from OS-P (Open Space-Parks and Recreation) to LMR (Low Medium Density Residential) on 9,941 square feet and from LMR to OS-P on 2,695 square feet; and an amendment to the zoning ordinance (Title 17) changing the zoning from OS (Open Space) to R-2 (Limited Multiple-Family Dwelling) on 9,941 square feet and from R-2 to OS on 2,695 square feet. Resolution approving the Notice of Exemption and adopting the General Plan Amendment and RiverLakes Ranch Specific Plan Amendment to change land use designations from OS-P to LMR and from LMR to OS-P. Ordinance approving the Notice Of Exemption and amending Title 17 of the Municipal Code and Zoning Map No. 102-18 from OS to R-2 and from R-2 to OS. RECOMMENDATION: Staff recommends adoption of the resolution approving the Notice Of Exemption, approving the General Plan Amendment, RiverLakes Ranch Specific Plan Amendment and first reading of the Ordinance. BACKGROUND: The project consists of minor adjustments to land use designations within the RiverLakes Ranch Specific Plan boundaries. This GPA/RiverLakes Ranch Specific Plan Amendment/Zone Change is an exchange of land between Kyle Carter Homes and RiverLakes Golf Course, LLC. The existing LMR/R-2 designation will become OS-P/OS, and existing OS-P/OS will become LMR/R-2. Existing LMR/R-2 designated land is undeveloped; however, it is located within the boundaries of Vesting Tentative Tract No. 6019 and within an area developing to single-family dwellings. Existing OS-P/OR land is part of a golf course. One additional LMR/R-2 lot will be created. This exchange of land should not have any affect on the surrounding land uses. ADMINISTRATIVE REPORT The Planning Commission conducted public hearings on this General Plan Amendment/RiverLakes Ranch Specific Plan Amendment/Zone Change 03-0339 and on June 19, 2003, recommended City Council approval. There were no significant issues raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED Admin\july\7-30-0339 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Hearing TEM: TO: Honorable Mayor and City Council APPROVED FROM: DATE: Development Services - Planning July 23, 2003 DEPARTMENT HEAD CITY ATi'ORNEY SUBJECT: General Plan Amendment/Zone Chanqe 03- 0343 (Ward 1) Mclntosh & Associates is requesting a General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) and an amendment to the zoning ordinance (Title 17) changing the zoning from A (Agriculture) to R-l/PUD (One-Family Dwelling/Planned Unit Development) or more restrictive zoning on 81.10 acres located approximately 1,600 feet south of State Route 58 between Zephyr Lane (extended), Shirley Lane (extended), Sterling Road (extended) and Oswell Street (extended). 1) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA to LR. 2) Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 from A to R-l/PUD. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: Applicant proposes to construct single-family dwellings on the subject site. Subject site is presently under Kern County jurisdiction. The annexation process is on-going and is expected to be complete in six to nine months. California Water Service Company is the water purveyor for this site. Sewer service will be provided by the City of Bakersfield. Applicant proposes to construct 360 single-family dwelling units on the 81.10 gross acre site. This equates to 4.4 dwelling units per gross acre or 5.9 units per net acre. This density is within the LR density range (-< 7.26 DU/NA). The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change and recommended City Council approval on June 19, 2003. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 IAGENDA SECTION: Hearing ITEM: 0~, ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 8, 2003 C, A rO..EY/ Concurrent General Plan Amendment/Zone Chanqe No. 03-0362 (Ward 1) Robert Dean with D&D Development Enterprises has proposed a general plan amendment and zone change to develop single family residences on 81.7 acres, multi-family residences on 4.5 acres, and commercial on 12 acres located adjacent on the west side of Cottonwood Road, between East Pacheco Road and East Fairview Road. The project site is 98.2 acres in size and is currently being processed for annexation to the City of Bakersfield. 1) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 81.7 acres, R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on 4.5 acres, and R-IA (Resource-Intensive Agriculture) to GC (General Commercial) on 12 acres. 2) An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from A (Agriculture) to R-1 (One Family Dwelling) on 81.7 acres, A (Agriculture) to R-2 (Limited Multiple-Family) on 4.5 acres, and A (Agriculture) to C-2 (Regional Commercial) on 12 acres. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: The purpose of the proposal is to prepare the 98.2 acre project site for future single family residential development on 81.7 acres, multi-family residential development on 4.5 acres, and regional commercial development on 12 acres located adjacent on the west side of Cottonwood Road, between East Pacheco Road and East Fairview Road. The 12 acre commercial designation is proposed at the southwest corner of East Pacheco Road and Cottonwood Road. The 4.5 acre multi-family residential designation (HMR) is proposed along the south side of East Pacheco Road and along the west side of the proposed commercial designation. The HMR land use designation will allow the density that is permitted under the proposed R-2 zone. The remaining portion of the project site (81.7 acres) is proposed for single family residential development. The project site is ADMINISTRATIVE REPORT Page2 currently designated and zoned for agricultural land use. The property is currently being utilized for agricultural production. The Circulation Element of the Metropolitan Bakersfield General Plan designates Cottonwood Road as an arterial; East Pacheco Road and East Fairview Road are designated as collectors. CONCLUSION: The proposal provides a logical extension for residential and commemial development in the southeastern portion of the City of Bakersfield. The Metropolitan Bakersfield General Plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. The proposal complies with the General Plan's criteria. WC Adrnln\jul\7-30-0362 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Hearing ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning June 26, 2003 APP,ROVED SUBJECT: General Plan Amendment/Zone Chanae 03-0394 (All Wards) City of Bakersfield has proposed a General Plan Amendment and Zone Change to acknowledge existing uses on 21 separate sites which are known to be incorrectly designated zones. Resolution approving Notice of Exemption and adopting the General Plan Amendment on the 21 different sites. Ordinance adopting the Notice of Exemption and amending Title 17 of the Municipal Code and Zoning Maps 103-31,123-11,103-24 and 123-24 (on five separate sites). RECOMMENDATION: Staff recommends adoption of the resolution adopting the Notice of Exemption, approving the General Plan Amendment and first reading of the Ordinance. BACKGROUND: The City of Bakersfield Planning Department initiated this project to acknowledge the actual use of the land on 21 separate sites. The purpose of this proposal is to more accurately depict the actual use of the property for both land use inventory reasons and to help locate public facilities such as schools and parks when using computer generated display maps at City Council meetings. The actual changes involve the following: Five cases where apartments have been approved by Conditional Use Permit within commercial zones. Only these five cases involve zone changes to either R-2 or R-3 (as appropriate) depending on the density of the apartment complex. Eleven cases involving public schools. Public schools are a separate political entity from the City and require no entitlements to be established. For this reason, as time goes by schools are increasingly not depicted on the land use element map. ADMINISTRATIVE REPORT Page2 Three parks within the North of the River Recreation and Park District need to be depicted on the land use map to accurately reflect new available recreational facilities. · Two recently annexed areas, both developed, were incorrectly designated and the land use designations proposed accurately reflect the existing residential density. MG:pjt Admin\7-30-0394 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Hearing TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 27, 2003 General Plan Amendment/Zone Chanqe 03-0418 ,/~f~VED DEPARTMENT HEA.~ ./y' CITY ATTORNE'~ ~' (Ward 7) Mark Ponder has proposed a General Plan Amendment and an ordinance amendment for 20 acres, located along the north side of Hosking Avenue, generally between Wible Road and State Route 99. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from LMR (Low Medium Density Residential) and GC (General Commercial) to LR (Low Density Residential) on 20 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-25 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) zone on 20 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on June 19, 2003. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 9, 2003, in accordance with CEQA. MO Admin\jul\7-30-0418 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Reports ITEM: I0. 0~. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: July 24, 2003 CITY ATTORNEY ~~ CITY MANAGER .(,~~_ SUBJECT: Urban Development Committee Report No. 1-03 on the Regional Transportation Impact Fee Phase III program RECOMMENDATION: The Urban Development Committee recommends acceptance of the report, establishment of Alternative "A" as the proposed fee, and setting the public hearing for the meeting of August 27, 2003. BACKGROUND: The Transportation Impact Fee program is a development fee designed to collect money from new development to pay for the regional traffic impacts of that new development. The impact fees collected cannot by State law be used to correct existing problems that were not caused by new development. The Transportation Impact fee has been in effect since 1992, and the funds collected have been used to install numerous traffic signals, construct expanded intersections, add lanes to existing arterials, and to construct railroad grade separations. At the Urban Development Committee meeting of July 23, 2003, staff presented information on an update to the Regional Transportation Impact Fee. This update, referred to as the "Phase II1" program, is to provide for transportation improvements for the Metropolitan Bakersfield area and must be adopted jointly by the City Council and the County Board of Supervisors. The Committee requested that staff present to the Council a full overview of the impact fee program and proposed fee alternatives for their consideration. Attached is a memo outlining the program background and information regarding the fee. The Urban Development has recommended that the Alternative "A" fee schedule be sent to the full Council and the County Board of Supervisors for consideration. The committee encouraged staff to move this item forward in a timely manner so the required public hearings can be conducted, and the proposed fee may be considered by both City and County at the joint meeting on September 15, 2003. The date that this fee would become effective will be 60 days affer its adoption by both jurisdictions. The adoption of this fee will not affect any project, building or vested subdivision map currently being reviewed by the City. The new Phase Ill fee will only affect those projects, buildings and subdivisions that are started after the effective date of the fee. July 24, 2003, 11:26AM Document2 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 AGENDA SECTION: Deferred Business ITEM: ~1. Oc. ITEM WILL BE HE '~'*"d ci~/Counci, A...OVED F.OM.' jo,,,,. ARD IF zz.~../- C A...._ DE.ARTME.T HEAD..v ~ DATE:Ju,y24, 2003 OMPLET~n .-_ -" ~r $:~ ch,,. .... 15 PM- SUBJECT: Continued consideration of ambulance rate review and possible adoption of ambulance rate modifications. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: At the July 9th City Council meeting, the consulting firm of Health Analytics presented the rate modification study to analyze the rate increase requested by Hall Ambulance Co. Included in the study was 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. As the Consultant's report was quite lengthy and complex, the Council deferred further consideration of the recommendations to the July 30~h meeting. 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 only 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 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. July 24, 2003, 10:31AM S:~Admin Rpts~003\02003 Ambulance rate review 7-30 administrative report. DOC JWS:ai Page 1 ADMINISTRATIVE REPORT The Consultant will be present at the meeting to answer any questions regarding the report and the recommendations. Vice-Mayor Couch has requested several additional rate schedules for Council consideration from the Consultant which are included with this administrative report. The Council may discuss and consider the report and at its discretion consider modifying the ambulance rates pursuant to City Ordinances which provide for increasing, decreasing or taking no action regarding the proposed ambulance rate increase. This item is scheduled for discussion at 5:15 p.m. If this item is not completed in the allotted time, it will be continued later in the Council meeting under Deferred Business. July 24, 2003, 10:43AM S:~Admin Rpts~003\02003 Ambulance rate review 7-30 administrative report. DOC JWS:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: July 30, 2003 IAGENDA SECTION: New Business ITEM: I ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney July 17, 2003 APPROVED DEPARTMENT HEAD CITY A'I-FORNEY ~'~ CITY MANAGER Resolution changing the name of the Council's "Urban Development Committee" to the "Urban Development and Long Range Planning Committee." RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Vice Mayor Couch requested the name change from "Urban Development Committee" to the "Urban Development and Long Range Planning Committee" be placed on the Council agenda for its consideration. BJT:dll July 17, 2003 - 5:04 PM