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HomeMy WebLinkAbout04/28/04_CC_AGENDA_PACKET(Mayor) (Wards 1,6) (Wards 4,6) BAKERSFIELD CITY COUNCIL AGENDA APRIL 28, 2004 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLLCALL 2. PUBLIC STATEMENTS 3. APPOINTMENTS One (1) appointment to the Bakersfield Redevelopment Agency, due to the expiration of term of David Raphael, term expiring April 22, 2004. 4, CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of April 14, 2004. Payments: Approval of department payments from April 2, 2004 to April 15, 2004 in the amount of $7,464,840.12 and self insurance payments from April 2, 2004 to April 15, 2004 in the amount of $603,880.22. Ordinances: Adoption of Ordinance amending Section 2.62 of the Municipal Code relating the Keep Bakersfield Beautiful Committee. (First Reading 4/14/04) Adoption of Ordinance amending Chapter 13.04 of the Municipal Code relating to the notice and hearing requirements for Maintenance Districts, (First Reading 4/14/04) Resolutions: Resolution 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 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. Assessment District 03-1 (Brighton Place/Silver Creek II). 1, Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract. 2. Resolution determining assessments remaining unpaid. 3. Resolution authorizing issuance of bonds. 4. CONSENT CALENDAR continued (Wards 3,4) (Ward 3) (Ward 7) (Ward 7) (Ward 4) New and Revised Job Specifications and Changes to Salary Schedule: Amendment No. 11 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Water Resources Superintendent. Revised Job Specifications for Water Resources Superintendent, Assistant Building Director and Building Director. Agreements: h. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Floyd G. Hinesley and Porter- Robertson Engineering and Surveying, Inc. for Tract 6129 Phase 2 located north Noriega Road and east of Allen Road. Final Map and Improvement Agreements with McMillin Tuscany, LLC for Tract 6000 Phases 2 and 3 located north of State Route 178 and east of Alfred Harrell Highway. Agreement with Janes Family Trust to purchase real property located in an unincorporated area of Bakersfield, south of Rosedale Highway on Mohawk Street for $12,486.00 (ISTEA Funds), to be used as right of way for the Mohawk Extension Phase of the Westside Parkway. Acquisition of offsite real property interest for Vesting Tentative Tract Map No. 6160 located east side of Miramonte Drive near Casa Club Drive (Rio Grande Development, LLC): Agreement with Arrache, Clark & Potter (not to exceed $75,000.00) to provide legal services. Appropriate $75,000.00 developer's contribution to the Public Works Capital Improvement Budget in the Sewer Enterprise Fund. Amendment No. I to Transportation Impact Fee Agreement No. 02-354 with Stuart Thomas Incorporated, a Nevada Corporation dba Lenox Homes (to increase the not to exceed traffic impact fee credit from $324,425.00 to $568,633.00) for Tract 6064, located south of Berkshire Road and east of South H Street. Contract Change Order No. 3 to Agreement No. 03-208 with Granite Construction Company, Inc. ($21,600.00 for a revised contract amount of $5,657,815.35) for White Lane at State Route 99 overcrossing widening and interchange improvements. Bids: m. Street Improvements - Brimhall Road between Jewetta Avenue and Calloway Drive: 1. Accept bid to award contract to Bowman Asphalt, Inc. ($474,696.20). Appropriate $200,000.00 Sewer Enterprise and $150,000.00 Transportation Development fund balances to the Capital Improvement Budget. Appropriate $25,000.00 Developer Contribution to the Capital Improvement Budget within the Transportation Development Fund. CONSENT CALENDAR continued Miscellaneous: (Ward 1) n. Community Development Block Grant (CDBG) Action Plan Amendment No. 12 (FY 02/03). Transfer $33,000.00 from the CDBG fund Capital Improvement Budget to the Operating Budget for the Summer Recreation & Transportation Program at Lowell and Wayside Parks. City of Bakersfield Consolidated Plan 2005 - HUD Mandated - Amendment No. 1 for three narrative changes affecting two Consolidated Plan priorities including the use of a new HUD funding program and Fiscal Year 2004-05 Action Plan (CDBG, HOME, and ESG). (Wards 5,6) Appropriate $7,500.00 Transportation Development Fund balance to the Capital Improvement Budget for right of way acquisition for the intersection expansion project on Ming Avenue from Ashe Road to New Stine Road. (Ward 2) Appropriate $20,000.00 Proposition 40 Grant Funds within the Recreation and Parks Department Capital Improvement Budget for Jefferson Pool Repairs. Appropriate $80,000.00 special swimming pool contributions to the Recreation and Parks General Fund Operating Budget to staff, maintain, repair and operate Beale Park Pool for the 2004 summer swim season, and, subsidize swimming vouchers for kids. Staff recommends adoption of Consent Calendar items a through r. 5. CONSENT CALENDAR HEARINGS Public Hearing to consider Resolution establishing sewer service user charges and fees for Fiscal Year 2004-05. Staff recommends adoption of resolution. b. Hearing to consider Resolution adopting fees pursuant to the Cost Recovery Program. Staff recommends adoption of resolution. (Wards 4,5) Protest Hearing for proposed Assessment District No. 03-3 (Seven Oaks West III/Brighton Place II/Fairway Oaks South): Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. Staff recommends overriding protests and adoption of resolution. 6. CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Goland and Roy v. Wright, City of Bakersfield, et al. RECONVENED MEETING - 7:00 p.m. 7. ROLL CALL 8. INVOCATION by Father Dan Coyle, Sacred Heart Catholic Church. 9. PLEDGE OF ALLEGIANCE by Kelly Ruiz, 4"' Grade Student at Hart Elementary School. 10. CLOSED SESSION ACTION 1 '1. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Mr. Oscar Chavez, Director of Marketing & Public Relations for Community Action Partnership of Kern, proclaiming May, 2004, as Community Action Partnership of Kern Month. 12. PUBLIC STATEMENTS t3. HEARINGS - Council may hear Consent hearing items listed but not heard at 5:15 pm portion of meeting 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT pi 4/21/04 9:15 am Respectfully submitted, Alan landy City Manager 4 AGENDA HIGHLIGHTS APRIL 28, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. APPOINTMENT There will be one appointment to the Bakersfield Redevelopment Agency. John Phillip Bentley, III submitted an application and is being recommended for appointment by the Mayor. CONSENTCALENDAR Aqreements: Item 4i. Aqreement with Janes Family Trust to Purchase Real Property Located in an Unincorporated Area, South of Rosedale Hiqhwa¥ on Mohawk Street for $12,486 (ISTEA Funds) to be Used as Riqht-of-Way for the Mohawk Extension Phase of the Westside Parkway. This is a 2,694.2 square foot rectangular property. The Bakersfield Planning Commission found the acquisition consistent with the 2010 General Plan. Item 4i. Aqreement with Arrache, Clark & Potter to Provide Leqal Services in the Acquisition of Offsite Real Property Interest for Vestinq Tentative Tract Map. No. 6160 Located on the East Side of Miramonte Drive near Casa Club Drive. The developer, Rio Grande Development, LLC, approached the City to use its eminent domain power to help in securing an easement for construction and maintenance of draining improvements. The developer will pay all costs associated with this condemnation, including all legal fees. Item 41. Contract Chanae Order No. 3 to Aqreement No. 03-208 with Granite Construction Company1 Inc. for the White Lane at SR 99 Overcrossinq Wideninq and Interchanqe Improvements in the amount of $21,600. (Revised Contract Amount $5,657,815.35). The construction plans for the northbound on-ramp auxiliary lane on SR 99 requires the contractor to match the existing structural section. The method of constructing this structural section was shown on the construction drawings CalTrans reviewed and approved for this project. CalTrans now indicates they overlooked this detail and that this method of construction is no longer approved by their Standards. A change order for a net increase of $21,600 is required to modify the structural section to meet current CaITrans Standards. Budgeted funds are available to fund this change order request. Bids: Item 5m. Street Improvements - Brimhall Road between Jewetta Avenue and Calloway Drive. This project consists of widening the north side of Brimhall Road to accommodate two lanes in each direction with a two- way left turn lane from Jewetta Avenue to Calloway Drive; completion of curbed medians west of Jewetta Avenue; and construction of Brimhall Road to its ultimate width at the intersection of Calloway Drive to approximately 450 feet west. In addition, this project will construct a drainage basin which is part of the Planned Drainage Area (PDA). Sufficient PDA fees have not yet been collected since the area is undeveloped at this time. Staff proposes to initially fund this drainage basin with Sewer Enterprise Funds, with the intent of reimbursing the Sewer Fund from PDA fees collected within the applicable benefit zone as development occurs. Four acceptable bids were received. Staff recommends award to Bowman Asphalt, Inc. Miscellaneous: Item 4n. Community Development Block Grant (CDBG) Action Plan Amendment No. 12 (FY 02/03). The proposed amendment will reallocate $33,000 program savings from the Lowell Park Community Center Improvement Program to the Summer Recreation and Transportation Program at Lowell and Wayside Parks. Agenda Highlights April 28, 2004 Page 2 Item 4o. City of Bakersfield Consolidated Plan 2005 - Amendment No. 1 to Make Three Narrative Chanqes that Affect Two Priorities includinq the use of a New HUD Fundinq Proqram, and FY 2004/05 Action Plan. The purpose of the Plan is to assist communities in developing a collaborative process whereby cities establish a unified vision for community development activities. In order to comply with HUD regulations, any significant change or addition to the approved Plan must undergo an amendment process, which includes obtaining citizen views and comments on the proposed change. Amendment #1 has 3 proposed narrative changes that affect 2 priorities (Public Facilities and Services) and include the use of a new HUD funding program. The proposed changes are to provide technical support/assistance to non-profit organizations that need to build capacity to serve their Iow income constituents. There is also an allowance for CDBG funds to be spent for fire prevention services in Fire Station #5 which serves a Iow income area, and for Police services in Iow income areas. The public safety enhancements were devised by the Budget and Finance Committee. Total funds available for FY 2004/05 are $6,331,694, which represent $3,983,000 of CDBG funds, $2,202,267 of HOME funds, and $146,427 of ESG funds. On March 22, 2004, a public notice was published concerning the availability of the draft annual action plan. Since the notice was published, HUD has made a slight increase in funding for the HOME and ESG Programs. HOME has been increased by $5,050, which will be added to New Construction Assistance and ESG has been increased by $427, which will be added to Alliance Against Family Violence and Sexual Assault. At the February 12, 2004 Budget and Finance Committee meeting, the proposed annual action plan was received and authorized for final City Council action. Item 4p. Appropriate $7,500 Transportation Development Fund Balance to the Capital Improvement Budqet for Riqht-of-Way Acquisition for the Intersection Expansion Project on Minq Avenue from Ashe Road to New Stine Road. This project consists of expanding the intersections of Ming Avenue at Ashe Road, and Ming Avenue at New Stine Road. The intersection expansions will include dual left turn lanes for both east and westbound traffic, and dual left turn lanes for both north and southbound traffic on New Stine Road. This appropriation is needed to cover acquiring additional right-of-way, which must be purchased to relocate traffic signal equipment at the intersection of Ming Avenue and New Stine Road. Additional appropriations will be required at time the contract is awarded for construction. Item 4q. Appropriate $20,000 Proposition 40 Grant Funds within the Recreation and Parks Department Capital Improvement Budqet for Jefferson Pool Repairs. In order to operate Jefferson Pool for the 2004 summer season, repairs are needed. Proposition 40 funds are proposed to fund the project. Item 4r. Appropriate $80,000 Special Swimminq Pool Contributions to the Recreation and Parks General Fund Operatinq Budqet to Staff, Maintain, Repair and Operate Beale Park Pool for the 2004 Summer Swim Season, and Subsidize Swimminq Vouchers for Kids. In response to an ad placed by the Bakersfield Californian, $76,874 has been received to date through miscellaneous donations to staff, maintain, repair and operate the Beale Park Pool during the summer 2004 swim season. It was estimated that $70,000 would be needed for these purposes. The balance of the donations will be used to subsidize swimming vouchers for children. The funds were collected through the Bakersfield Foundation, a non-profit organization. The appropriation amount has been rounded up to allow for any additional contributions that might be received after the date the administrative report was finalized. CONSENT CALENDAR HEARINGS Item 5a. Public Hearinq to consider Resolution Establishinq Sewer Service User Charqes and Fees for FY 2004/05. Staff is recommending a 2.6% increase in all sewer user charges for FY 2004/05. If approved, the rate for a single family dwelling will increase from $117 to $120 per year. Fees for wastewater services and other agencies will be determined in accordance with agreements entered into between the City and the other agencies. Sewer user fees are collected with property taxes. Agenda Highlights April 28, 2004 Page 3 Item 5c. Hearinq to Consider Resolution Adoptinq Fees Pursuant to the Cost Recovery Proqram (Development and Recreation and Parks/. Staff recently performed a review of development related fees and determined that fee increases are needed to fund additional positions in the Public Works Department to meet workload demands in order to provide reasonable response times and an acceptable level of service to the development industry. Recreation and Parks is also recommending a revised fee schedule for the McMurtrey Aquatics Center to reflect updated program information. At the April 14, 2004 meeting, Council approved two additional engineering technician positions and two construction inspector positions to address increased development activity and service demands. The costs for these four positions are to be funded through developer fees. ALthough increased volume will offset a portion of the costs associated with these four additional positions, fee increases are needed for full cost recovery. Since the McMurtrey Aquatic Center fees were adopted at the July 9, 2003 meeting, more extensive programming has been developed, thus, staff is proposing new fees for McMurtrey only. Detailed fee information is included in the administrative report. Item 5c. Protest Hearinq for Proposed Assessment District No. 03-3 (Seven Oaks West III / Briqhton Place II / Fairway Oaks South). On March 10, 2004, Council approved the Preliminary Engineer's Report and scheduled the hearing for this Council meeting. Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Report, levy the assessments and order the public improvements. The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement and Bond Purchase Contract at the May 26, 2004 Council meeting. CLOSED SESSION There will be a conference with legal counsel regarding existing litigation. Approved: John W. Stinson Assistant City Manager cc: Department Heads City Clerk's Office News Media File MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING APRIL 14, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. 2. PUBLIC STATEMENTS None. 3. APPOINTMENTS One (1) appointment to the Planning Commission, due to the expiration of term of Jeffrey Tkac, term expiring April 30, 2004. Motion by Councilmember Sullivan to approve the APPROVED reappointment of Jeffrey Tkac. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of March 24, 2004. Payments: Approval of department payments from March 12, 2004 to April 1, 2004 in the amount of $8,660,963.50 and self insurance payments from March 12, 2004 to April 1, 2004 in the amount of $319,374.95. Ordinances: First Reading of Ordinance amending Section 2.62 of the Municipal Code relating the Keep Bakersfield Beautiful Committee. FR Bakersfield, California April 14, 2004 - Page 2 CONSENT CALENDAR continued First Reading of Ordinance amending Chapter 13.04 of the Municipal Code relating to the notice and hearing requirements for Maintenance Districts. Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-36) of Title 17 of the Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46 acres, generally located on the west side of Jewetta Avenue, approximately 600 feet north of Stockdale Highway. (Engineer: Mclntosh and Associates/Developer: Castle & Cooke) (ZC 03-1246) Adoption of Ordinance adding Chapter 9.23 to the Municipal Code relating to the assessment of second response costs for loud or unruly events. Adoption of Ordinance upholding the decision of the Planning Commission, denying the appeal by the Sierra Club, adopting Negative Declaration and amending Section 17.06.020 (Zone Map No. 104-07) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 160_+ acres generally located north of Paladino Drive, west of the proposed Morning Drive alignment, in the northwest quarter of Section 7, T29S, R29E. (ZC 03-1133) (Aera Energy, LLC/Applicant) Resolutions: Resolution approving the Negative Declaration for the Rosedale Highway (State Route 58) Widening Project. Resolution declaring the results of the Primary Municipal Election for the election of Mayor, held in the City of Bakersfield on March 2, 2004. Resolution determining that the LDV, Inc., Mobile Command Vehicle Model MCC26LGS260-2001, Stock #8767R for use in the Police Department cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $215,000.00. ACTION TAKEN FR ORD 4182 ORD 4183 ORD 4184 RES 162-04 RES 163-04 RES 164-04 Bakersfield, California April 14, 2004 - Page 3 CONSENT CALENDAR continued Resolution opposing Senate Bill 1462 (Kuehl), establishing a Southern California Military Greenway Commission for Kern, Kings, Los Angeles, and Ventura Counties. Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code. Resolution adding territory, Area 1-45 (Jewetta, Brimhall NE) to the Consolidated Maintenance District and confirming the assessment, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1327 to add territory, Area 4-29 (Baker Street II) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. Resolution of Intention No. 1331 to add territory, Area 1-46 (Jewetta, Noriega NW-II) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: p. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Vista Finestra I for Tract 6012, Phase 2 located north of Stockdale Highway and west of Renfro Road. Final Map and Improvement Agreements with Granite Pointe, LLC for Tract 6095 Phases 1 and 2 located south of Berkshire Road and east of Wible Road. License Agreement with the property owners in Tentative Tract No. 6190 for an irrigation line to be located along the right of way line of and across McCutcheon Road, westerly of Stine Road. ACTION TAKEN RES t65-04 RES ~66-04 RES16~04 ROI 1327 ROI 1331 AGR 04-087 AGR 04-088 AGR 04-089 AGR 04.090 AGR 04-091 Bakersfield, California April 14, 2004 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Agreement to initiate eminent domain action to secure construction of improvements and guaranteeing payment for acquiring offsite real property interest for Vesting Tentative Tract Map No. 6160 located near the intersection of Miramonte Drive and Casa Club Drive. (Rio Grande Development, LLC) Agreement to initiate eminent domain action to secure construction of improvements and guaranteeing payment for acquiring offsite real property interest for Vesting Tentative Parcel Map No. 10927 located on the north side of Panama Lane and east of Highway 99. (Panama Lane, LLC) Agreement with Arrache, Clark & Potter to provide legal services in the acquisition of offsite real property interest for Vesting Tentative Parcel Map No. 10927 (Panama Lane, LLC), in an amount not to exceed $75,000.00, and, appropriate $75,000.00 developer's contribution to the Public Works Capital Improvement Budget in the gas tax fund. Reimbursement Agreement with Kern Delta Water District to pay City for a share of the costs to repair and replace the Carrier Canal culvert at 19t~ and Oak Streets. Consent to Common Use Agreement with the County of Kern for Tract Nos. 6097 and 6143 for public street purposes with the City's easement. AGR 04-092 AGR 04-093 AGR 04-094 AGR 04-095 AGR 04-096 Agreement with the Bakersfield Redevelopment Agency for use of Community Development Block Grant Funds and for conveyance of real property located at 713 Lake Street for the Old Town-Kern Mixed Use Project. AGR 04-097 Amendment No. 1 to Agreement No. 03-381 with Kern Delta Water District for common use of Kern Island Canal regarding the Mill Creek Project. AGR 03-38~(1) Amendment No. I to Memorandums of Understanding between the City, County of Kern, Kern Council of Governments and the State of California Department of Transportation for the Regional Transportation Model. Agreement No. 04-011 with Kern Regional Modeling Coordination MOU reaffirms the existence and roles of the Kern Regional Transportation Modeling Committee founded in June 2001 by the Kern COG Board. AGR 04-Off(f) Bakersfield, California April 14, 2004 - Page 5 CONSENT CALENDAR continued Item 4.y. continued Agreement No. 04-012 with Kern Regional Traffic Count Program MOU to develop and maintain inventory of traffic counters available for use by agencies to monitor traffic flow in the region. Agreement No. 04-013 with Kern Regional Transportation Model Distribution MOU establishes a distribution policy for the Model. Construction Management Services for White Lane at State Route 99 Overcrossing Widening and Interchange Improvements: Amendment No. 1 to Consultant Agreement No. 03- 236 with Parsons Brinckerhoff Construction Services, Inc. (increase compensation by $90,283.00, for a total contract amount of $317,876.00) for construction management services. Appropriate $90,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. aa. Plan Check Services: Amendment No. 3 to Agreement No. 03-044, Design Consultant Contract with Meyer Civil Engineering, Inc. ($40,000.00, for a total not to exceed compensation of $120,000.00) for improvement plan checking engineering services. Appropriate $40,000.00 additional Plan Check revenue to the Public Works Department's Operating Budget within the Development Services Fund. ACTION TAKEN AGR 04-0t2('1) A GR 04-013(I) AGR 03-236(~) AGR 03-044(3) Bakersfield, California April 14, 2004 - Page 6 CONSENT CALENDAR continued bb. McMurtrey Aquatic Center Project: Contract Change Order No. 1 to Agreement No. 03- 243 with S. C. Anderson Inc. ($47,651.92, for a revised contract amount of $5,901,451.92) for the Aquatic Center Project. Appropriate $15,648.00 donation to the Capital Improvement Budget within the Recreation Facility Fund. Bids: cc. Accept bid to award annual contracts to National Water Works (10 items) and AMCO Water Metering Systems, Inc. (2 items), not to exceed $285,000.00, for water meters. dd. Accept bid to award annual contract to Bowman Asphalt, Inc., not to exceed $450,000.00, for HUD funded street materials (asphalt concrete). ee. Extend bid from South Coast Fire Equipment to purchase one (1) replacement 1500 GPM Fire Pumper with 750 gallon tank ($401,976.29) for Fire Department, Station 11. Accept bid from Quinn Company ($607,520.84) for three (3) replacement articulated four wheel drive loaders, with buckets and grapple fork for Public Works. Miscellaneous: gg. Appropriate $32,379.00 Proposition 12 (Watershed, Wildlife, and Parks Improvement Bond Act of 2000) Grant Funds to the Recreation and Parks Department General Fund Operating Budget for the Kern City Reforestation Project. hh. Appropriate $95,720.00 developer's contribution balance to the Development Services Operating Budget in the General Fund, pursuant to agreements approved on March 25, 2004, for the preparation of an Environmental Impact Report for General Plan Amendment/Zone Change 03-1544 (Buena Vista Ranch). ACTION TAKEN CC01 03-243 AGR 04-098 AGR 04-099 AGR 04-'100 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California April 14, 2004 - Page 7 CONSENT CALENDAR continued ii. Appropriate $97,000 Downtown Housing Fund balance and Transfer $25,000 from the Operating Budget to the Capital Improvement budget for site remediation at 21st & "R" Street (Parkview Cottage Project). Reclassification of open Laborer position to a Service Maintenance Worker position - Streets Division. kk. Approval of additional positions in the Public Works Department (2 Engineering Tech I and 2 Construction Inspectors) and Development Services Department (1 Residential Plan Checker and I Building Permit Technician) to address increased development activity and service demands to be funded through developer fees. II. Southwest Park Project: Transfer $1,300,000.00 Park Development Fund Balance to reduce the General Fund portion of the unfunded liability within the Self Insurance Fund. Appropriate $1,458,000.00 Park Development Fund Balance to the Park Development Capital Improvement Budget to complete Phase 1 (as amended) of the 32 acre park project. mm. Acceptance of 2002-03 Transportation Development Act Funds Financial Statements. nn. Grant of Easement to Pacific Bell for an easement between Lone Pine Way and a future street to install underground communication facilities (Tevis Park). OO. Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant. Motion by Vice Mayor Couch to approve Consent Calendar items 4.a. through 4. oo., with correction to item 4.d., and the removal of items 4. ff. and 4.ii., for separate consideration. Accept bid from Quinn Company ($607,520.84) for three (3) replacement articulated four wheel drive loaders, with buckets and grapple fork for Public Works. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION APPROVED Motion by Councilmember Salvaggio to accept the bid. APPROVED Bakersfield, California April 14, 2004 - Page 8 CONSENT CALENDAR continued Vice-Mayor Couch requested staff review and report back to Council regarding City policy relating to bid splitting. ii. Appropriate $97,000 Downtown Housing Fund balance and Transfer $25,000 from the Operating Budget to the Capital Improvement budget for site remediation at 21st & "R' Street (Parkview Cottage Project). Motion by Councilmember Hanson to approve the Appropriation. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of Brite Street on the east side of Oleander. Hearing opened at 5:35 p.m. No one spoke. Motion by Councilrnember Carson to close the hearing and adopt the Resolution. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding: E. Brooks, et ai v City; Bradford Martin v BPD, et al; Goland and Roy v Wright, City, et al. b. Closed Session pursuant to Government Code Section 54957.6 regarding Employee and Labor Relations Directions. c. Conference with Real Property Negotiators pursuant to Government Code 54956.8; Property: 5601-A Rosedale Highway; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Charles Mangus for Mangus Trust; Under Negotiation: Price and terms of payment for pumhase. ACTION TAKEN APPROVED RES 168-04 APPROVED Bakersfield, California April 14, 2004 - Page 9 Motion by Vice-Mayor Couch to recess to Closed Session at 5:36 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 6:55 p.m. RECONVENED MEETING - 7:00 p.m. ROLL CALL Present: 10. Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor Stephen A. Frost, Christ the King Church. PLEDGE OF ALLEGIANCE by Kyle Hood, 2nd Grade Student at Highland Elementary School. Mayor Hall recognized UCSB Communication/Public Affairs students and Ridgeview High School Government students. Motion by Councilmember Maggard to move item 16.b forward to be heard after Public Statements. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding: E. Brooks, et al v City; Bradford Martin v BPD, et al; Goland and Roy v Wright, City, et al. Closed Session pursuant to Government Code Section 54957.6 regarding Employee and Labor Relations Directions. Conference with Real Property Negotiators pursuant to Government Code 54956.8; Property: 5601-A Rosedale Highway; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Charles Mangus for Mangus Trust; Under Negotiation: Price and terms of payment for purchase. ACTION TAKEN APPROVED APPROVED APPROVED APPROVAL OF SETTLEMENT IN THE AMOUNT OF $37,500 NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION 11. 12. 16. Bakersfield, California April 14, 2004 - Page 10 PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to LaNeice Kersten and Greg Bynum of the Bakersfield Association of Realtors, proclaiming April, 2004, as "Fair Housing Month". Ms. Kersten and Mr. Bynum made comments. b. Presentation by Liz Gomez, Government Relations Representative for PG&E, of Franchise Fees Check to the City of Bakersfield. Ms. Gomez made comments. PUBLIC STATEMENTS a. Roberta Miller spoke regarding code enforcement issues, graffiti and road conditions in the Stonecreek area. Councilmember Sullivan requested staff research implementing a reward program in order to apprehend individuals vandalizing/tagging in the Stonecreek area; additionally staff to contact her regarding nuisance abatement of vacant properties on New Stine Rd. Councilmember Salvaggio requested staff investigate the use of special monies to demolish abandoned homes on New Stine Rd. NEW BUSINESS b. Off Highway Motor Vehicle Recreation Project: 1. Resolution approving the application for and receipt of State Grant Funds for a new off highway vehicle park. 2. Project Agreement with State of California to receive funds for preliminary work necessary to site a new off highway vehicle park. 3. Grant Agreement with State of California to receive grant funds for a new off highway vehicle park. 4. Appropriate $500,000.00 State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget. ACTION TAKEN RES 1Z0-04 AGR 04-~0~ AGR 04-102 16. 13. 14. 15. 16, 17. Bakersfield, California April 14, 2004 - Page 11 NEW BUSINESS continued Item 16.b. continued Dick Taylor, on behalf of the California State Department of Parks and Recreation Off Highway Vehicle Trust Fund, presented at check to Mayor Hall for $500,000 for the purpose of beginning work on an Off Road Vehicle Park in the Bakersfield vicinity. Motion by Councilmember Maggard to adopt the Resolution, approve the Agreements and Appropriate the funds. CONSENT CALEN DAR - for items not heard at 5:15 p.m. portion of meeting. None. HEARINGS None. REPORTS a. Budget Update. City Manager Tandy gave a status report on the budget. NEW BUSINESS Resolution in support of improving regulations relative to group homes. Motion by Vice-Mayor Couch to adopt the Resolution with the deletion of item number six. MAYOR AND COUNCIL STATEMENTS continued Councilmember Maggard requested clarification regarding a news report regarding a purported baseball stadium project. City Manager Tandy responded. Councilmember Maggard reiterated Council's commitment to concentrating on its agreed upon core priorities/services during the current fiscal crisis. Councilmember Salvaggio requested staff provided weed abatement behind 2801 S. H Street. Councilmember Salvaggio requested staff investigate a report of people living in a trailer at 2112 Dayton Ave. ACTION TAKEN APPROVED RES 169-04 APPROVED 17. Bakersfield, California April 14, 2004 - Page 12 MAYOR AND COUNCIL STATEMENTS continued Councilmember Salvaggio requested staff repair a pothole on Acres Rd. south of Panama Ln. Councilmember Salvaggio made comments regarding the Sister City Program and provided information on his recent trip to the Chinese Sister City, Cixi. Councilmember Benham commended staff on timely responses to citizen requests during these difficult fiscal times. Councilmember Hanson requested information regarding implementation of money-saving measures in the operation of the 18th Street Parking Garage. City Manager Tandy responded. Councilmember Hanson requested an update regarding the canal situation in the Greater Bakersfield Area. Public Works Director Rojas responded. Councilmember Hanson requested information regarding purchasing of property for Fire Station 17 and the adjacent park. City Manager Tandy responded. Councilmember Hanson requested information regarding the Joint Powers Agreement. Chief Fraze responded. Councilmember Hanson requested information regarding a possible surtax on property. City Manager Tandy responded~ Councilmember Hanson requested the alley on the north side in the 7000 block of Ming Ave. be swept. Councilmember Hanson complemented staff for doing a good job. Councilmember Carson thanked Community Development for the community meeting held at the Dr. Martin Luther King, Jr. Center providing information on Block Grant Funds for the Southeast. Councilmember Carson thanked the community for support shown the Franklin Graham Festival. Councilmember Carson requested an update on cars and junk at 512 Fig Street. Councilmember Carson announced she has been nominated by Congressman Bill Thomas to attend the African-American Leadership Summit in Washington, D.C., April the 26-28 and that she would be attending. ACTION TAKEN 17. Bakersfield, California April 14, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS continued Councilmember Sullivan congratulated Councilmember Carson on her nomination by Congressman Thomas. Councilmember Sullivan requested staff repair potholes at the intersection of Stine and Planz and provided backup information. Councilmember Sullivan expressed concern of vandalism/graffiti in Stonecreek; requested staff explore possible remedies; and look at ways to catch the vandals. Councilmember Sullivan requested staff contact her regarding abandoned houses on Stine. Councilmember Sullivan provided information regarding her Washington, D.C. trip. Councilmember Sullivan reminded the community of the Great American Clean-Up is Saturday, April 24~. Vice-Mayor Couch thanked City Manager Tandy for his response to the Grand Jury Report. Vice. Mayor Couch requested Chief Fraze convey to his counterpart at the County concerns regarding the level of fire protection service in the northwest and report back any response. Vice-Mayor Couch requested staff investigate a vehicle advertising an adult business parked in a residential area and possible action to prevent the vehicle from parking in the area. Vice-Mayor Couch requested provide time-line information regarding amenities at the park near Almondale School to an interested citizen. Vice-Mayor Couch thanked Chief Matlock and Captain Taylor for assistance in a traffic matter in Ward 4. Vice-Mayor Couch requested Public Works staff look at striping of a couple of streets. Vice-Mayor Couch requested staff review revising street width standards in order to facilitate walkable neighborhoods. ACTION TAKEN 17. 18. Bakersfield, California April 14, 2004 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Couch requested staff work with the County to determine location of all canals in the Greater Bakersfield Area; determine crossing locations and review viability of including repair/refurbishment costs in the Transportation Impact Fee Project List. Vice-Mayor Couch requested staff investigate installation of barriers at Riverlakes Golf Course along Calloway Drive. Vice-Mayor Couch provided contact information regarding children playing in the street and requested staff respond. Vice-Mayor Couch requested staff prepare a letter of support from Council, for the Local Government Initiative, to the Governor. Vice-Mayor Couch requested staff investigate and provide suggestions to Council for standards to camouflage cellular towers. Mayor Hall announced he received, on behalf of the City, a merit award from the American Society of Landscape Architects, for development of the local Freeway Master Plan. Mayor Hall made comments regarding the Sister City Program. ADJOURNMENT ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ADMINISTRATIVE REPORT MEbmmNGDATE: April 28, 2004 IAGENDA SECTION: Appointments ITEM: ,.~. (IL,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cler~ April 1, 2004 APPROVED DEPARTMENT HEAD ~ CITY'ATTORNEY ----'-- CITY MANAGER ~ One appointment to the Bakersfield Redevelopment Agency due to the expiration of term of David Raphael, term expires April 22, 2004. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Bakersfield Redevelopment Agency, due to the expiration of term of David Raphael, whose term expires April 22, 2004. The news release for this recruitment was posted on March 25, 2004. Applications have been received from the following: · Phil Bentley The Bakersfield Redevelopment Agency is an advisory body to the City Council. it is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the reminder of their term. The agency transacts business and exercises its powers under community redevelopment law. The Bakersfield Redevelopment Agency has authority to approve ail development agreements subject to approval by the City Council two-thirds vote. Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. April 2. 2004, 10:17AM S:\Bds&Comrn\BRDA~Admin Apr 04.dot ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: /'~ ~0~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Co/~ncil .~ Pamela McCarthy, City Clerk~ ~ April 16, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of minutes of the April 14, 2004 Council Meeting. APPROVED RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 16, 2004 APPROVED. DEPARTMENT HEAD ,,/"/,,/.~ ATTORNEY CITY MANAGER Approval of department payments from April 2, 2004 to April 15, 2004 in the amount of $7,464,840.12 and self insurance payments from April 2, 2004 to April 15, 2004 in the amount of $603,880.22 RECOMMENDATION: Staff recommends approval of payments totaling $8,068,720.34 BACKGROUND: klg April 16, 2004, 2:48PM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ,/J~ DATE: April 20, 2004 CITY ATFORNEY Y~ CITY MANAGER ~(~.,~)~-~ SUBJECT: Ordinance of the Council of the City of Bakersfield amending Section 2.62 of the Bakersfield Municipal Code relating to the Keep Bakersfield Beautiful Committee. RECOMMENDATION: Community Services Committee recommends adoption of the ordinance. BACKGROUND: The Keep Bakersfield Beautiful Committee ("KBBC") was approved by The City Council as part of a beautification program certified by the national Keep America Beautiful, Inc. Under Chapter 2.62 of the Bakersfield Municipal Code, KBBC is comprised of seven Council- appointed members who take on the responsibility of decision making for the beautification program. At the request of the KBBC, it was suggested that the Mayor have one appointment to KBBC. This ordinance will amend Chapter 2.62 by allowing the Mayor one nomination thus adding one member to the committee. The City Council conducted first reading of this ordinance April 14, 2004. S:\COUNClL~Admins\KBBCOrdAdm 2nd.doc MEETING DATE: April 28, TO: FROM: DATE: SUBJECT: ADMINISTRATIVE REPORT 2OO4 AGENDA SECTION: Consent Calendar TEM: q ~ Honorable Mayor and City Council Virginia Gennaro, City Attorney April 15, 2004 DEPARTMENT HEAD ClTY A'R'ORNEY CITY MANAGER APPROVED An Ordinance Amending Chapter 13.04 of the Bakersfield Municipal Code relating to the notice and hearing requirements for Maintenance Districts. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: This O,rdinance received first reading at the City Council meeting on April 14, 2004. The vast majority of the Maintenance District Ordinance was passed a number of years ago, prior to the passage of Proposition 218 in 1996. Many of the notice requirements contained in the ordinance are now outdated (such as requiring mailed notices of assessments even when there are no increases) because of the implementation of Proposition 218 and revisions to state law found in the Government Code. A number of years ago, the Park and Landscape Maintenance Districts were controversial. Under City Council guidance, the City merged 30+ districts into a consolidated one, which stabilized the rates. We also implemented an equity component, so that all pads of the City received the same General Fund contribution. With those reforms, and with 8 years of not increasing the rates, public acceptance is nearly universal. Last year we mailed 31,837 notices and received 16 protests. That calculates to about $849 per protest letter. It costs approximately $13,586 for staff time, mailing, and postage to send notices of no increases in rates. This ordinance eliminates the outdated notice and hearing requirements and also eliminates other sections that are not in compliance with Proposition 218. Should there be a need to increase rates in the future, the ordinance amendments follow state law (Proposition 218) which requires notice and a ballot procedure. RMS:dll S/COUNCIL~,dmins\I 3 04Amend2004 MaintenOist nct2n(t doc April 15, 2004 - 10:53 AM ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE Honorable Mayor and City Council Gregor~ J. Klimko, Finance Director Apd115, 2004 APPROVED DEPARTMENT HEA~ CITY MANAGER ~ SUBJECT: Assessment District 03-1(Brighton Place/Silver Creek II). Ward 4 & 6. 1. Resolution Approving Form and Substance of Preliminary Official Statement and Bond Purchase Contract. 2. Resolution Determining Assessments Remaining Unpaid. 3. Resolution Authorizing Issuance of Bonds. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: On September 24, 2003, Council approved the Final Engineer's Report, as well as the resolution Levying the Assessments, Ordering the improvements and Authorizing and Directing Related Actions. The timing on the proposed sale of bonds has been pushed back several times due to delays caused by the developer. We are currently planning on June 2004 to sell bonds. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of any of the assessments in cash. The Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments which allows the pre- marketing and pricing of the bond sale by UBS Paine Webber Inc. The Final Engineer's Report is on file in the City Clerk's Office. S:\CORE Y~ADM IN~APPROP. DOC ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building April 14, 2004 AGENDA SECTION: Consent ITEM fi, .~. DEPARTMENT C'TY ATTORN EY/.~ SUBJECT: 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 & 6) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on April 12, 2004, 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. Northwest corner Anderson & Brook 172-091-23 $ 370.00 2. 11 Augusta Street 018-250-17 $ 419.00 3. 620 Casa Grande Street 170-161-12 $ 620.00 4. 501 L Street 009-302-10 $ 439.00 5. South of 919 L Street 009-142-09 $ 893.00 6. 1108 4th Street 009-450-10 $ 1,134.00 Ward 6/Councilmember Sullivan 7. North of 1400 Stine Road 164-060-17 $ 420.00 April 14, 2004, 2:45PM P:~apr28b11 .doc ADMINISTRATIVE REPORT Page 2 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. April 14, 2004, 2:45PM P:\apr28b11 .doc ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~o ~. TO: FROM: DATE: Honorable Mayor and City Council Carrolt Hayden, Human Resources Manager April 15, 2004 DE APPROVED PARTMENTHEAD CITY ATTORNEY CITY MANAGER SUBJECT: Changes to Salary Schedule and New and Revised Job Specifications Amendment No. 11 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Water Resources Superintendent 2. Revised Job Specifications: Water Resources Superintendent, Assistant Building Director and Building Director RECOMMENDATION: Staff recommends adoption of the resolution and approval of the revised job specifications. BACKGROUND: Water Resources: The Water Superintendent position has been recently vacated. FIorn Core, Water Resources Manager is taking this opportunity to update the job specification prior to filling the position. He would also like to change the title to Water Resources Superintendent to be consistent with the department name and other titles. There is no budgetary impact as the salary range will remain the same. Buildinq: At the request of the Development Services Director, the job specifications for Assistant Building Director and Building Director have been updated to reflect current standards. There is no budgetary impact as the salary range for both classifications will remain the same. The new and revised job specifications will be presented to the Miscellaneous Civil Service Board at their April 20, 2004 meeting. (jm) April 15, 2004, 1:42PM S:~ADMINRPT'~Job Specifications - Water & Bldg.dot ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 J ITEM: /.~, h. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 12, 2004 Tract Maps and Improvement Agreements AI~PROVED DEPARTMENT HEAD CITY ATTORNEY ~_~ C' MA.AGER Final Map and Improvement Agreements with Floyd G. Hinesley and Porter-Robertson Engineering and Surveying, Inc. for Tract 6129 Phase 2 located north Noriega Road and east of Allen Road. (Ward 4) Final Map and Improvement Agreements with McMillin Tuscany, LLC for Tract 6000 Phases 2 and 3 located north of State Route 176 and east of Alfred Harrell Highway. (Ward 3) RECOMMENDATION: Staff Recommends approval of the map and agreement. 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 INOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. April 12, 2004, 1:57PM G:\GROUPDAT~ADMINRPT~2004\04-28\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: 4. c. TO: AP~,ROVED FROM: D EPARTM,.T.EAD CITY MANAGER SUBJECT: Agreement with Janes Family Trust to purchase mai prope~ lo.ted in an unincorporated area of Bakersfield, south of Rosedale Highway on Mohawk Street for $12,486, with ISTEA funds. Land is to be used as right of way for the Mohawk E~ension Phase of the Westside Parkway. Honorable Mayor and City Council Gregory J. Klimko, Finance Director April 14, 2004 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The right of way being acquired is a 2,694.2 square foot rectangular shaped, located south of Rosedale Highway for the Mohawk Extension phase of the Westside Parkway. The property is owned by Janes Family Trust. The purchase price of $12,486 represents the property's fair market value as determined by an appraisal prepared by Randy Merriman, MAI of the independent real estate appraisal firm, Karpe Fisher Merriman Inc. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. April 14, 2004, 8:12AM P:~admin reports\parkway janes trust.doc DMAJs ADMINISTRATIVE REPORT MEETING DATE: Apdl 28, 2004 AGENDA SECTION: Consent Calendar ITEM: H ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney April 16, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Acquisition of offsite real property interest for Vesting Tentative Tract Map No. 6160 (east side of Miramonte Drive near Casa Club Drive) (Rio Grande Development, LLC). 0Nard 3) 1. Agreement between Arrache, Clark & Potter and City of Bakersfield to provide legal services in an amount not to exceed $75,000. Appropriate $75,000 developer's contribution to the Public Works Capital Improvement Budget in the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends approval of the Agreement and appropriation. BACKGROUND: Developer (Rio Grande Development, LLC) has approached the City to use its eminent domain power to help in securing an easement for construction and maintenance of drainage improvements, a project already approved by the City. The property is owned by Stockdale Oil & Gas, Inc. The developer has deposited $20,000 as an advance on the payment of all costs associated with this condemnation. In the event the condemnation expenses exceed the deposited amount, the developer will contribute the additional funds. The law firm of Arrache, Clark & Potter specializes in real property acquisitions and, given current staff levels, utilizing the services of this law firm is in the best interests of the City and at no cost to the City. Staff recommends approval of the Agreement. April 20, 2004, 3:22PM S:\C OU NCIL~Admins~AttyRetainerAgr. ArracheClark Potter. VTTM6160.dot ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION Consent Calendar ITEM: c~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 15, 2004 APPROVED DEPARTMENT HEAD ,~'~/'~-_~ CITY ATTORNEY CITY MANAGER Amendment No. 1 to Transportation Impact Fee Agreement No. 02-354 with Stuart Thomas Incorporated, a Nevada Corporation DBA Lenox Homes (to increase the not to exceed traffic impact fee credit from $324,425 to $568,633), for Tract 6064, located south of Berkshire Road and east of South "H" Street. (Ward 7) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Lenox Homes is constructing their required improvements for the widening of the box culvert at Berkshire Road and the Kern Island Canal and the east side of South "H" Street along the frontage of their Tract 6064. They have also elected to construct the box culvert at Hosking Road and the Kern Island Canal as well as the east side of South "H" Street from their tract boundary to Hosking Road. The City will credit Lenox Homes for its portion of regional transportation impact fees in Tract 6064, to the actual amount of the design and construction cost of the improvements, not to exceed $568,633. This amount was increased from $324,425 due to the increase in scope and an update to the project amounts in the Transportation Impact Fee Facilities List. April 16, 2004, 9:52AM G:\GROUPDAT~ADMINRPT~2004\04-28\T6064 Amendment 02-354.doc ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 IAGENDA SECTION: Consent Calendar ITEM: H. J. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD April 15, 2004 CITY ATTORNEY c TY MA.AGER Contract Change Order No. 3 to Agreement No. 03-208 with Granite Construction Company, Inc. for $21,600 (for a revised contract amount of $5,657,815.35) for White Lane at State Route 99 overcmssing widening and interchange improvements (Ward 7). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists of widening the White Lane overcrossing at State Route 99 to accommodate three travel lanes in each direction plus one eastbound auxiliary lane to the northbound on- ramp. In addition, the project will modify all north bound on/off ramps to State Route 99 and construct a soundwall adjacent to the northbound off-ramp. The construction plans for the northbound on-ramp auxiliary lane on State Route 99 requires the contractor to match the existing structural section of State Route 99. The method of constructing this structural section was shown on the construction drawings Caltrans reviewed and approved for this project. Caltrans now indicates they overlooked this detail and that this method of construction is no longer approved by their Standards. A change order for a net increase of $21,600 is required to modify the structural section of the northbound on-ramp auxiliary lane to meet current Caltrans Standards. Budgeted funds are available to fund this change order request. April 15, 2004, 2:52PM G:\GROUPDA'F'~ADMINRPT~2004\04-28\White Lane CCO3.doc (NF eng) ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 15, 2004 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER AP. PROVED Street Improvements - Brimhall Road between Jewetta Avenue and Calloway Drive (Ward 4): 1. Accept bid to award contract to Bowman Asphalt, Inc. ($474,696.20). 2. Appropriate $200,000 Sewer Enterprise and $150,000 Transportation Development Fund balances to the Capital Improvement Budget. 3. Appropriate $25,000 Developer Contribution to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriations. BACKGROUND: This project consists of widening the north side of Brimhall Road within existing right of way to accommodate two lanes in each direction with a two way left turn lane from Jewetta Avenue to Calloway Drive; completion of curbed medians west of Jewetta Avenue; and construction of Brimhali Road to its ultimate width at the intersection of Calloway drive to approximately 450 feet west. In addition, this project will construct a drainage basin which is part of the Planned Drainage Area (PDA). Sufficient PDA fees have not yet been collected since the area is undeveloped at this time. Staff proposes to initially fund this drainage basin with Sewer Enterprise Funds, with the intent of reimbursing the Sewer Fund from PDA fees collected within the applicable benefit zone as development occurs. Four acceptable bids were received on March 31,2004 as follows: Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (City) in the amount of $474,696.20 Granite Construction Company P.O. Box 5127 Bakersfield, CA 93388-5127 (City) in the amount of $517,008.00 Griffith Company P.O. Box 70157 Bakersfield, CA 93387 (City) in the amount of $566,000.00 ADMINISTRATIVE REPORT Gilliam & Sons, Inc. P.O. Box 9955 Bakersfield, CA 93312 (City) in the amount of $650,730.99 On June 12, 2002, council approved an appropriation of $908,463 of excess interest earnings within Assessment District 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen) for acquisition of additional public improvements within the District boundaries. All of the projects to be constructed with the excess interest earnings have been completed with the exception of one - Brimhall Road Improvements, one lane westbound from Jewetta Road to Windsong Street. This project is included with this bid. $170,000 of excess interest earnings are available. The recommended appropriations, plus the $170,000 discussed above, exceed the bid amount by $70,304. This amount is needed for potential change orders, design and inspection services, materials testing, and miscellaneous costs incurred on this project. ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: q,. Iq. TO: Honorable Mayor and City Council APPROVED. FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: April 14, 2004 CITY ATTORNEY /-~'~' CITY MANAGER SUBJECT: Community Development Block Grant (CDBG) Action Plan Amendment No. 12 (FY 02/03). (Wards 1 ) 1) Transfer $33,000 from the CDBG fund Capital Improvement Budget to the Operating Budget for the Summer Recreation & Transportation Program at Lowell and Wayside Parks. RECOMMENDATION: Staff recommends approval. BACKGROUND: In compliance with HUD regulations, any significant change or addition to the approved CDBG program or project must undergo an amendment process which includes obtaining citizen views and comment on the proposed change. The proposed amendment affects FY 02-03 CDBG program funds and will reallocate $33,000 program savings from the Lowell Park Community Center Improvement Program to the Summer Recreation and Transportation Program at Lowell and Wayside Parks. Below is a summar7 of the proposed changes included in this amendment: AMENDMENT NO. 12 FY 02-03 ACTION PLAN - B-02-MC-06-0510 Project Title, Description, & HUD Citation Add Summer Recreation & Trans'portation Program Operating and transportation cost for summer recreation programs at Lowell & Wayside Parks, *Program savings from Lowell Park Community Center Improvement Project Total Funding $33,000' A public notice was published March 22, 2004 to begin the 30-day public comment period for this amendment. To date no comments have been received. S:~Admins~City Council~,sction plan amendment 04-28-04,doc 411412004 2:39 PM ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: H. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director April 20, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY c,TY MA.A ER City of Bakersfield Consolidated Plan 2005 - HUD Mandated - Amendment No. I for three narrative changes affecting two Consolidated Plan priorities including the use of a new HUD funding program and Fiscal Year 2004-05 Action Plan (CDBG, HOME, and ESG). (ALL WARDS) RECOMMENDATION: Staff recommends approval of the HUD program and narrative changes to the 2005 Consolidated Plan (ConPlan), adoption of the proposed 04/05 Annual Action Plan and authorization for the City Manager to execute all necessary HUD documents. BACKGROUND: The City of Bakersfield is required to submit a Consolidated Plan (ConPlan) before it can apply for and receive entitlement funds from the US Department of Housing and Urban Development (HUD). The purpose of the Consolidated Plan 2005 (ConPlan) is to assist communities in developing a collaborative process whereby cities establish a unified vision for community development activities over a five year period. Any significant change or addition to the approved Five Year Consolidated Plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed changes. The amendment has three proposed administrative changes. These changes include the narrative description changes of two ConPtan priorities and includes the description and planned use of a new HUD funded program for downpayment assistance. An Annual Action Plan must also be submitted each year that outlines the programs and projects that will be undertaken as described in the Consolidated Plan. In addition to the proposed amendments to the Consolidated Plan, the spending plan for the 2004-05 Action Plan is outlined below for consideration. Below is a description of the proposed technical changes to the Consolidated Plan and highlights of the proposed 2004-05 Annual Action Plan: 1. CONSOLIDATED PLAN AMENDMENT #1 · General Priority - Community Development; Priority Need Category: Public Facilities and Services; Specific Objective - Neighborhood Facilities/Services: Proposed accomplishment is to support the development of one neighborhood community center in south/southeast Bakersfield and provide technical support/assistance and capacity building to at least one non-profit organization. This description has been modified to more accurately reflect the duties performed by staff in providing technical assistance to several non profits including; the SE In-fill Housing Builders, the Bakersfield Senior Center, the Housing C:\Docurnents and Settings\dscanlan\Local Settings\TemptConPlan 2005 amend #1 & FY04-05 Act Pin,doc 4/20/2004 1:44 PM ADMINISTRATIVE REPORT Page2 Authority of Kern County, Restoration Communities Partnership, Inc and the Community Action Partnership, all which have received previous CDBG and HOME funding to further affordable housing objectives in the Southeast. The proposed narrative change allows CDBG funds to be spent to provide staff technical assistance to these non-profit organizations to build their future capacity in these programs to serve their Iow income constituents. · General Priority - Community Development; Priority Need Category; Public Facilities and Services: Specific Objective - Health and Safety Facilities/Services: Proposed accomplishment to a) provide health and referral services for 2,500 individuals and families,' and b) expand fire prevention services to benefit approximately 18,000 Iow income residents. The proposed change adds a new public safety detailed category under the public service cap and allows CDBG funds to be spent for fire prevention services in Fire Station #5 which serves a HUD qualified Iow income area. · The ConPlan General Priority - Affordable Housing Strategy has been modified to include the new HUD downpayment program; The American Dream Downpayment Initiative Assistance Program (ADDI) is a new component under the HOME Program through which HUD will make grants to cities for the purpose of making downpayment assistance to Iow income first time homebuyer families. The proposed change would allow the City to receive and to expend these new HUD funds for this program. A public notice was published March 22, 2004 to begin a 30-day public comment period for the proposed changes to the adopted Consolidated Plan 2005. To date, no comments have been received. 2. FY 04-05 ACTION PLAN On March 22, 2004, a public notice was published concerning the availability of the draft annual action plan for a HUD required 30-day citizen review and comment period. As part of the 30-day citizen review and comment process, two public meetings were scheduled, April 13, 2004 and April 15, 2004. No public comments were received on the proposed use of the funds for FY 04/05. Since the notice was published HUD has made a slight increase in funding for the HOME and ESG Programs which has been included in the amounts above. HOME has been increased by $5,050 which will be added to New Construction Assistance. ESG has been increased by $427 which will be added to Alliance Against Family Violence and Sexual Assault. Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to address community development and housing needs identified in the five-year Consolidated Plan adopted by City Council in May 2000. The proposed 2004/2005 Annual Action Plan of the Consolidated Plan 2005 represents the activities for the upcoming Community Development Block Grant (CDBG), the HOME Investment Partnership Program (HOME), and the Emergency Shelter Grant (ESG). The total funds available for FY 04/05 is $6,331,694 which represent $3,983,000 of CDBG funds, $2,202,267 of HOME funds, and $146,427 of ESG funds. C, ommunity Development Block Grant - CDB¢, The CDBG entitlement for Fiscal Year 200~,-05 is expected to be $3,933,000 which is a slight 1.75% decrease over our current year entitlement. Staff is also proposing the appropriation of $50,000 in CDBG Program Income. Of the total funds appropriated for CDBG eligible activities, $2,076,500 is budgeted for administration, public services including Police and Fire Protection in eligible areas, public facilities, housing, slum and blight removal activities and our long-term debt obligation; the principle and interest payment for the Section 108 loan. The balance, $1,906,500 is appropriated for various Capital Improvement Projects as described below. C:\Documents and SettJngs\dscanlan\Local Settings\Temp\ConPlan 2005 amend #1 & FY04-05 Act Pin.doc 4/20/20041 ;44 PM ADMINISTRATIVE REPORT Page 3 Public Services The Bakersfield Senior Center continues to receive funding in the amount of $50,000 for the administration of expanded senior services. The Bakersfield Police Department is allocated $227,000 for administrative and operating expenses associated with police services in Southeast Bakersfield including Substation Operations. The Fire Department will receive $252,000 in block grant funds for fire protection personnel for Station #5. Although the graffiti removal program is housed in the Public Works Department, we will continue to fund graffiti removal operations in CDBG eligible areas up to $100,000. Public Facilities & Housin.q, Slum and Bli.qht Activities Two housing related activities are proposed for CDBG funding. The Home Access grant program will receive $55,000 and $65,000 is budgeted for Service and Delivery required for various on-going housing programs. There is $100,990 proposed for Acquisition/Demolition for Economic Development activities. In addition, $43,500 is allocated for capacity building and technical assistance to both public and non-profit entities to increase their capacity to carry out eligible neighborhood revitalization or economic development activities. Capital Improvement Projects CDBG Funds, in the amount of $1,906,500 are proposed for various Capital Improvement Projects in eligible areas in the City. The 19th and Eye Streetscape Project is funded at $135,000 for the installation of various street improvements including landscaping and street furniture on 19th Street from "H" and Eye and Eye from 18th and 19th streets. Additional funds totaling $263,500 have been appropriated for Street Reconstruction in HUD Eligible Areas. The Southeast Bakersfield - Fire Station #5 has been funded at $250,000 for the acquisition and design phase of the project. There are $1.2 million in CDBG funds allocated for the Jefferson Pool Rehab Project. Construction is scheduled to begin September 15, 2004 and the estimated completion date is May 15, 2005. ESG (Emerqency Services Grant) Allocation The Emergency Services Grant (ESG) is accounted for within the CDBG fund. The City anticipates an allocation of $146,427 for FY 04-05 of which we propose to assist the Bethany Services, Homeless Center ($61,850) the Bakersfield Rescue Mission ($61,850) and the Alliance Against Family Violence (15,427). HOME. Investment Partnership Program The HOME entitlement for fiscal year 2003-04 is anticipated to be $1,927,267 a 7.75% increase over our current year entitlement. Staff is also proposing the appropriation of $275,000 in HOME Program Income. HOME funds will be used to fund $830,050 in New Construction, 300,000 for the Single Family Rehabilitation Program and $300,000 for the Downtown - Down Payment Assistance Program. Additionally, in compliance with HUD regulations within the HOME program, 15% of the entitlement or $267,141 is set-aside for certified housing development organizations or CHDO's. Also, there is a new down payment assistant program entitled "American Dreams" scheduled to begin next year. Total funding for the American Dreams program is $146,326. Bud.qet and Finance Committee Recommendations: At the February 12, 2004 Budget and Finance Committee meeting, committee members worked diligently to address the challenges of the state imposed budget crisis and it's impact to the city's general fund. The Committee identified CDBG as a funding solution to provide important City services such as street improvements and public safety. As a result, the Committee recommended that CDBG funds be considered for the following special projects and programs: $263,500 for street reconstruction, $227,000 for Police services in southeast Bakersfield including sub-station operations, and $252,000 for fire protection services for Station No. 5. All activities are in HUD eligible areas. C:~Documents and SettJngs\dscanlan\Local Settings\Temp\ConPlan 2005 amend #1 & FY04-05 Act Pin.doc 4/20/20041:44 PM ADMINISTRATIVE REPORT Page4 The approved Action Plan must be submitted to HUD by May 16, 2004. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. Once approved, the HUD funds will be released to the City July 1, 2004. A summary of the proposed action plan by project/program is attached. C:\Documents and Setiings\dscanlan~Local Settings\Temp\ConPlan 2005 amend #1 & FY04-05 Act Pin.doc 4/20/20041:44 PM ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Consent Calendar ITEM: 4. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 15, 2004 APPROVED DEPARTMENT HEAD //~ CITY ATTORNEY. ~-~ CITY MANAGER ~ Appropriate $7,500 Transportation Development Fund balance to the Capital Improvement Budget for right-of-way acquisition for the Intersection Expansion on Ming Avenue from Ashe Road to New Stine Road Project (Wards 5, 6). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: This project consists of expanding the intersections of Ming Avenue at Ashe Road and Ming Avenue at New Stine Road. The intersection expansions will include dual left turn lanes for both east and westbound traffic. In addition, the project will include dual left turn lanes for both nor[h and southbound traffic on New Stine Road. Due to limited right of way in these areas, additional right of way must be purchased to relocate traffic signal equipment at the intersection of Ming Avenue and New Stine Road. This appropriation will cover acquiring this necessary right of way. Additional appropriations will be required at time of Council Award for construction. April 15, 2004, t2:53PM G:\GROUPDAT~ADMINRPT~.O04~04-28\MingAve NewStine RW.doc ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Recreation & Parks Director April 16, 2004 Appropriate $20,000 Proposition 40 Grant AGENDA SECTION: Consent Calendar ITEM: ~. ~ APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Funds within the Recreation and Parks Department Capital improvement Budget for Jefferson Pool Repairs 0Nard 2). RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: Jefferson Pool was built in 1932. Each year, the pools need repairs to operate for the summer season. In order to operate Jefferson Pool for the summer season 2004, the following repairs are needed: · Replacement of the automated pool chemical controller. The previous controller was destroyed due to deterioration. The controller assists in reducing maintenance costs. · Application of epoxy paint. This durable resin surface coating needs to be done each year for protection of the pool surface and to reduce pool closures. · Other minor miscellaneous repairs. Proposition 40 funds (Safe Neighborhood Parks, Clean Air and Coastal Protection Bond Act of 2000) are proposed to fund the project. C:\Documents and Settings~rjamison\Local Settings\Temp~Jeff Pool Admin.doc 4/16/2004: rlj MEETING DATE: April 28, 2004 ADMINISTRATIVE REPORT IAGENDA SECTION: Consent Calendar ITEM: ~. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Department April 20, 2004 APPROVED DEP^RTMENT.EAD/r,d ,. Z CITY ATTORNEY ~ CITY MANAGER ~ Appropriate $80,000 special swimming pool contributions to the Recreation and Parks General Fund Operating Budget to staff, maintain, repair and operate Beale Park Pool for the 2004 summer swim season and subsidize swimming vouchers for kids. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On Friday, March 12, 2004 the Bakersfield Californian ran a full page advertisement soliciting donations from the general public to "staff, maintain, repair and operate the Beale Park Pool" during the summer 2004 swim season. The Bakersfield Californian contributed $30,000 to jump start the campaign and also ran several follow up articles and advertisements in their newspaper in the days that followed. It was estimated that $70,000 would be needed to operate the pool from June 14, 2004 through August 8, 2004. According to the newspaper ad, funds collected in excess of $70,000 were to be used to "subsidize swimming vouchers for kids". As of April 15, 2004 over 360 contributions were received from the community totaling $76,874. Funds were collected through the Bakersfield Foundation, a non profit corporation and will be forwarded to the City General Fund to offset operating costs of the pool. The appropriation figure has been "rounded up" to allow for any additional contributions that might be received after the date of this administrative report. klg S:\KimG\Gregory~Admin-beale pool contrib.doc ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 AGENDA SECTION: Hearings ITEM: 3. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 5, 2004 DEPARTMENT HEAD ~_~OVED CITY ATTORNEY CITY MANAGER Hearing to consider a resolution establishing sewer service user charges and fees for Fiscal Year 2004-05. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code to cover cost of operation, maintenance, and future replacement of existing equipment and treatment plant facilities. City staff is recommending a 2.6% increase in all sewer user charges for Fiscal Year 2004-05. If approved, the rate for a single family dwelling will increase from $117 to $120 per year. Fees for Section VI. Wastewater Services - Other A,qencies of the MISCELLANEOUS SCHEDULE of Exhibit A will be determined in accordance with agreements entered into between the City and other agencies. See Exhibit A of attached resolution for sewer user charge and fee details. Sewer user fees and charges are collected with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. April 19, 2004, 5:01 PM G :\G ROUPDA'r~ADMIN R PT'~2.004~4-28\SewU set Fee04-05 Admin.doc MEETING DATE: ADMINISTRATIVE REPORT April28,2004 AGENDA SECTION: Hearings ITEM: ~. b. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: April 16, 2004 CITY ATFORNEY ~ CITY MANAGER ~ SUBJECT: Resolution Adopting Fees Pursuant to the Cost Recovery Program. (Development and Recreation and Parks) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing. The city's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code. Staff recently performed a review of development related fees and determined that fee increases are needed to fund additional positions in the Public Works Department to meet workload demands in order to provide reasonable response times and an acceptable level of service to the development industry. Recreation and Parks is also recommending a revised fee schedule for the McMurtrey Aquatics Center to reflect updated program information. Public Works: At the April 14, 2004 meeting, Council approved two additional engineering technician positions and two construction inspector positions to address increased development act v ty and service demands. As noted on the April 14~hadministrative report, the City has experience unprecedented building and construction activity. The demand for development related services, including plan checking and inspections, exceeds the capacity of ex[sting staffing levels. The costs for these four positions are to be funded through developer fees. Although increased volume wilt offset a portion of the costs associated with these four additional positions, fee increases are needed for full cost recovery. Following is a summary of the proposed increases for the cost centers: A-6 PUBLIC IMPROVEMENT INSPECTION -PUBLIC IMPROVEMENT INSPECTION $180, plus 1.40% of project valuation Inspection services are to ensure that all items shown on approved construction plans are constructed in accordance with those approved plans. The current fee is $176, plus 1.04% of project valuation. The fee is proposed to increase to $180, plus 1.40% of project valuation. ADMINISTRATIVE REPORT Page 2 B-37 MAP & IMPROVEMENT PLAN CHECKING -IMPROVEMENT PLAN CHECK -FINAL TRACT MAPS -GRADING PLAN CHECKS -IMPROVEMENT PLAN CHECK SERVICES $285, plus .85% of project valuation Ensure that all required improvements are shown to be constructed to City ordinance, standards, and policies. The current fee is $220, plus .80% of project valuation. The fee is proposed to increase to $285, plus .85% of project valuation. -FINAL TRACT MAPS $600, plus $29 per lot Ensure that the map for a division of land meeting tract map criteria is in accordance with the State Subdivision Map Act and local ordinance requirements and Advisory Agency conditions of approval. The current fee is $600, plus $28 per lot. The fee is proposed to increase to $600, plus $29 per lot. -GRADING PLAN CHECK SERVICES $300, plus $16.10 per acre are to ensure that a site development conforms to grading ordinances and policies and that it incorporates recommendations and requirements of a soils engineer. For commercial projects and other multi-family plans, parcel maps, and parcel map waivers less than 5 acres in size, the current fee is $274. The proposed fee is $300. For commercial projects and other multi-family plans, parcel maps, and parcel map waivers in excess of 5 acres in size AND for subdivision tracts, the current fee is $274, plus $15.20 per acre. The proposed fee is $300, plus $16.10 per acre. Staff met with representatives of the Building Industry Association (BIA) on April 12% The BIA indicated that they were not opposed to the increases proposed since the additional staff would provide for an improved turn around time for plan check services and construction inspection. Recreation and Parks: City staff also reviewed the McMurtrey Aquatic Center fees which were adopted at the July 9, 2003 meeting in anticipation of the facility opening in 2004. Since that time, staff has developed more extensive programming, thus, staff are proposing new fees for McMurtrey only. The McMurtrey Aquatic Center is scheduled to open late May/early June. The public will be able to enroll in aquatics classes beginning May 1, 2004. The attached Master Fee Schedule "Exhibit A" lists the new services that staff is proposing to offer at the McMurtrey Aquatic Center. E-86 AQUATIC PROGRAMS - RECREATIONAL SWIMMIN6 Recreation Swim Resident Non-resident · Recreation Swim Season Pass $150 $180 Recreation swimming is $3 per person per day; however, it is proposed to offer the public a summer season pass at a discounted rate. This fee creates an incentive for people to buy a season pass if they plan to attend every day. · Recreation- Family Pass- Daily · Recreation- Family 30-Day Pass · Recreation- Family Season Pass $10 $11 $250 $3O0 $600 $700 To encourage families to use the facility together and increase attendance, these proposed fees are discounted for a family of four. ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 I ITEM: .~. Q. AGENDA SECTION: Hearings TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 8, 2004 ,/~PROVED DEPARTMENT HEAD CITY ATT O R NEY './(--"/~'/'~ CITY MANAGER Protest Hearing for proposed Assessment District No. 03-3, (Seven Oaks West III/Brighton Place II/Fairway Oaks South): Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements and Authorizing and Directing Related Actions. (Ward 4 & 5) RECOMMENDATION: Staff recommends overriding protests and adopts the Resolution. BACKGROUND: On March 10, 2004, Council approved the Preliminary Engineer's Report and scheduled the hearing as required by law for April 28, 2004. Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Report, levy the assessments and order the public improvements. Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners (Castle & Cooke California, Inc. and Fairway Oaks South, LP) of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement and Bond Purchase Contract at the May 26, 2004 Council meeting. The Final Engineer's Report is on file in the City Clerk's Office. April 12, 2004, 2:24PM G:\GROUPDAT~ADMINRPT~2004\04-28~AD03.3hrg.dot Jas ADMINISTRATIVE REPORT M~-~- liNG DATE: April 28, 2004 AGENDA SECTION: Closed Session ITEM: ~. ~... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney April 21, 2004 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Goland and Roy v. Wright, City of Bakersfield, et al Kern County Superior Court Case No. 259490-AEW RECOMMENDATION: BACKGROUND: VG:Is 4/21/2004 ADMINISTRATIVE REPORT MEETING DATE: April 28, 2004 I ITEM: II. CL. AGENDA SECTION: Presentations TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall April 15, 2004 ~ED DEPARTMENT HEAD ~. CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Mr. Oscar Chavez, Director of Marketing & Public Relations for Community Action Partnership of Kern, proclaiming May, 2004, as Community Action Partnership of Kern Month. RECOMMENDATION: BACKGROUND: ndw April 15, 2004, 11:56AM S:\MAYOR~ADMIN\COMMUNITY ACTION PARTNERSHIP MONTH 04.dot