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HomeMy WebLinkAbout06/09/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS JUNE 9, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. WORKSHOP Centermial Garden and the Greater Bakersfield Convention and Visitors' Bureau will give their budget presentations. CONSENTCALENDAR Ordinances: Item 4c. First Readinq of an Ordinance Amendincl the Municipal Code relatinq to the Removal of Vehicles. The Code now authorizes removal of vehicles parked in the same location for more than 72 hours. Removal can be avoided if the vehicle is moved a few feet within that time frame. This amendment would require that the vehicle be moved greater than one-half mile to avoid removal. It will also allow the Police Department discretion in notifying non-complying owners and removing their vehicles. The Legislative and Litigation Committee recommends first reading. Item 4d. First Readinq of an Ordinance Requirinq Automatic Gate Openinq Devices on Access Roads Requirinq Emerqenc¥ Services. Security gates utilized by some subdivisions and apartment complexes delay the Fire Department's emergency response because of the additional time it takes to get out of the truck and unlock it. The Fire Department recommends using the same optical technology used to control traffic signals for emergency response vehicles. This ordinance would require all new construction of such access gates be equipped with this technology. Aqreements: Item 4m. Aqreement with Castle & Cooke California, Inc. to Purchase Real Property for the Westside Parkway in the amount of $5,660,000. The property is located east of Allen Road to approximately Y2 mile east of Calloway Road and represents approximately 2.5 miles of the Parkway alignment. Item 4n. Aqreement with Carl G. Oblinqer, Trustee of the Carl G. Oblinqer Trust, to Purchase Real ProDedv for the Westside Parkway in the amount of $~;16,080. This property is 9.8~ acres of residentially zoned land located at the southeast corner of Johnson Road and Manon Drive. Item 40. A(~reement with Orqanizational Effectiveness Consultinq to Provide Strateqic Planninq Services for the Police Department in an amount not to exceed $45,000. The purpose of the strategic planning process is to assist the Department in determining local needs which should be addressed, and develop a comprehensive and effective plan for future needs. Three proposals were received. Staff recommends awarding the contract to Organizational Effectiveness Consulting. Supplemental Law Enforcement Funds in the amount of $45,000 were appropriated in October 2003 to fund this plan. Agenda Highlights June 9, 2004 Page 2 Bids: Item 4t. Reiect Ail Bids for the 32-Acre Park North of Stockdale Hiqhway at Buena Vista Road. This item relates to Phase 2 of the project, which consists of constructing a large portion of the park complete with irrigation, landscaping, planting, parking lots, entry monuments, benches, water fountains, security lighting, concrete paved walkways, pre-manufactured pedestrian bridges, tot-lot, picnic structures, entry plazas, restrooms, water features, and an amphitheater. The tot lot will be funded with a $314,822 grant from the California Department of Housing and Community Development, and the remaining improvements will be funded with Park Development Funds. Bids were received from two of the four pre-qualified bidders; both being significantly higher than the Engineer's estimate of $5,457,469. In addition, the Iow bidder withdrew their bid due to an error, leaving a budget gap of $2.9 million. The project will be re- evaluated and re-advertised. Item 4u. Reiect All Bids for the Wayside Park Wet Play Area. The facility will include 28 water features. Both bids received were significantly higher than the Engineer's estimate of $164,200. Staff recommends using both annual and other contractors, in conjunction with City staff, to construct the project. All costs, including costs incurred by City staff, will be funded entirely with Community Block Grant Funds. It will not be open for the start of swim season, but we will do the best we can to get it open for part of the summer. CONSENT CALENDAR HEARINGS Items 5a. b. and c. Public Hearinqs to Consider Appeals by Rio Bravo Residents and Homeowner's Associations reqardinq Decisions of the Planninq Commission. The Planning Commission approved the following revised vesting tentative tract maps: 5516, 5517, and 6243, all generally located south of Highway 178, east of Miramonte Drive, with the Rio Bravo Golf Course Community. The appeals are based on the opinion that circulation issues were not adequately addressed in the design of the tract map. The appellant has requested continuance of these items to July 7th so that staff, the applicant, and the area Councilmember can continue to work towards resolution of the concerns. CLOSED SESSION There will be conferences with legal counsel regarding one case of existing litigation and one case of potential litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m. HEARINGS Items 13a. and b. Public Hearinqs to Consider Commemial and Residential Refuse Rate Increases for FY 2004/05 (4.8% proposed rate increase). The proposed fees would become effective July 1, 2004. The rate increases cover inflation, operating cost increases, and maintenance costs. The commercial increase also covers costs for street sweeping and commercial wood waste recycling. The residential increase (Single-family dwelling and Multiple-family dwelling) also covers costs for greenwaste carts and recycling equipment to meet State recycling mandates. To date, 13 written letters of protest and 2 written letters in favor have been received. Agenda Highligh~ June 9, 2004 Page 3 Item 13c. Public Hearinq for the FY 2004-05 Operatinq, Bakersfield Redevelopment Aqency and Capital Improvement Proqram Budqets. The FY 2004-05 Operating Budget is proposed at $308,872,819 which includes a $259,165,156 Operating Budget, a $7,779,563 Bakersfield Redevelopment Agency Budget and a $41,928,100 Capital Improvement Budget. Final adoption of the budget is scheduled for June 23, 2004. NEW BUSINESS Item 1,~a. Aoreement for Animal Care Services (County - City of Bakersfield). This is a five- year agreement, with one five-year extension, which becomes effective July 1, 2004. The agreement provides that the City pay the County for the services of four animal care workers and a portion of an administrator's/supervisor's salary, and for use of the County's Chameleon computer software on six City computer units at the rate charged the County. Other miscellaneous expenses to be incurred by the County for services rendered on behalf of City animals are also included in the agreement. The annual cost to the City for animal care within the contract is projected at approximately $230,000, with an additional amount of $24,000 per year ($2,000 per month) for rental of a kennel. The agreement commits the City to constructing an additional kennel facility/building, which is expected to be finished and operational on or about July 1, 2005. The City will no longer be required to pay the $2,000 per month rental fee for the kennel once construction is complete. The one-time cost of $500,000 for construction is included in the FY 2004-05 CIP budget. A key advantage to constructing a kennel is that should the City and County, at some future time, terminate the contractual relationship, the City will own a kennel and will not be in the position the SPCA left us in last July. The City will retain animal controt field services under the auspices of the Police Department. Upon approval of the agreement by Council, staff will make the necessary adjustments to the proposed General Fund budget revenue and expenditure amounts to reflect the changes required to implement this agreement. These changes wilt be incorporated into the budget to be approved by the Council in June. Approved: ~,~ ~ Alan Tandy, City Manager cc: Department Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL AGENDA JUNE 9, 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. ROLL CALL 2. WORKSHOP (30 min) a. Department Budget Presentations. 1. Centennial Garden (Staff Presentation by City Manager's Office) Greater Bakersfield Convention and Visitors' Bureau (Staff Presentation by City Manager's Office) 3. PUBLIC STATEMENTS 4. CONSENTCALENDAR Minutes: a. Approval of minutes of the meetings of May 17, 2004 and May 26, 2004. Payments: Approval of department payments from May 14, 2004 to May 27, 2004 in the amount of $7,977,462.61 and self insurance payments from May 14, 2004 to May 27, 2004 in the amount of $109,887.48. Ordinances: First Reading of Ordinance amending Section 10.40.010 of the Municipal Code relating to the removal of vehicles. First Reading of Ordinance requiring automatic gate opening devices on access roads requiring emergency services. (Ward 7) Adoption of Ordinance amending Section 17.06.020 (Zone Map No. 102-23) of Title 17 of the Municipal Code by changing the zoning from a Planned Commercial Development (PCD) zone to allow a Recreation Vehicle Park with 227 spaces and related uses on 16.23 acres located on the southwest corner of Pacheco and Wible Roads. (7C 04-0220) (Ir, lrst Reading May 26, 2004) Adoption of Ordinance amending Section 12.44.031 of the Municipal Code relating to special permits for downtown promotions. Resolutions: Resolution of Intention No. 1333 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2004 - 2005 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. (Ward 4) (Ward 3) (Ward 4) (Ward 4) (Ward 1) (Ward 4) CONSENT CALENDAR continued Resolution of Intention No. 1334 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2004 - 2005 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1335 preliminarily adopting, confirming and approving the Public Works Director's Report for the Traffic Signal Maintenance Districts and the 2004 - 2005 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. Assessment District No. 03-3 (Seven Oaks West Ill/Brighton Place II/Fairway Oaks South): 1. Resolution determining assessments remaining unpaid. Agreements: k. Resolution approving form and substance of preliminary official statement and bond purchase contract. Resolution authorizing issuance of bonds. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreement with Three Views, LLC, and Porter~Robertson Engineering and Surveying, Inc., for Tract 5518 located south of State Route 178 and east of Miramonte Drive. Improvement Plan Checking Engineering Services: 1. Design Consultant Contract with Ruettgers and Schuler Civil Engineers (not to exceed $50,000.00) for improvement plan checking engineering services. 2. Appropriate $50,000.00 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. Agreement with Castle & Cooke California, Inc. ($5,660,000.00) to purchase real property located east of Allen Road to approximately ¼ mile east of Calloway Road for the Westside Parkway. Agreement with Carl G Oblinger, trustee of the Carl G. Oblinger Trust ($516,080.00)to purchase real property located at the southeast corner of Johnson Road and Manon Drive for the Westside Parkway. Bakersfield Municipal Airport Ground Leases: 1. Ground Lease Agreement with Bob Hooper for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. 2. Ground Lease Agreement with Gary A. Longwith for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. License Agreement with Kern Water Bank Authority for constructing and maintaining four (4) recovery well turn-in structures and pipelines to the City-owned Kern River Canal located in the "2800 Acres" approximately 4.5 miles west of Buena Vista Road. 2 (Wards 1,2) (Ward 4) (Ward 1) (Ward 3) (Ward 3) (Ward 3) CONSENT CALENDAR continued Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball (not to exceed $51,300.00) for officiating services for the city adult softball program. r. Amendment No. 1 to Agreement No. 03-207 with Kern Sprinkler Landscaping to extend agreement for twelve (12) months ($75,000.00 increase, for a revised not to exceed compensation amount of $150,000.00) for irrigation and landscape service. Bids: s. Reject bids for 32 Acre Park north of Stockdale Highway at Buena Vista Rd. t. Reject all bids for Wayside Park Wet Play Area. Accept bid to award annual contracts to Abate-A-Weed, Incorporated, Target Specialty Products, and Wilbur-Ellis Company (not to exceed $169,300.00) for chemical insecticides and herbicides for the Parks and Water Resources departments. Miscellaneous: Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $150,360.21. Staff recommends adoption of Consent Calendar items a through v. CONSENT CALENDAR HEARINGS Public Hearing to consider appeal by Rio Bravo Residents and Homeowner's Associations, regarding the decision of the Planning Commission to approve Revised Vesting Tentative Tract Map 5516 generally located south of Highway 178, east of Miramonte Drive, with the Rio Bravo Golf Course Community (Engineer - Porter Robertson/Subdivider - GFC Properties, LLC). (Staff recommends Council open the public hearing and continue to the July 7, 2004 meeting.) Public Hearing to consider appeal by Rio Bravo Residents and Homeowner's Associations, regarding the decision of the Planning Commission to approve Revised Vesting Tentative Tract Map 5517 generally located south of Highway 178, east of Miramonte Drive, with the Rio Bravo Golf Course Community (Engineer - Porter Robertson/Subdivider - GFC Properties, LLC). (Staff recommends Council open the public hearing and continue to the July 7, 2004 meeting.) Public Hearing to consider appeal by Rio Bravo Residents and Homeowner's Associations, regarding the decision of the Planning Commission to approve Revised Vesting Tentative Tract Map 6243 generally located south of Highway 178, east of Miramonte Drive, with the Rio Bravo Golf Course Community (Engineer - Porter Robertson/Subdivider - Three Views, Limited Partnership). (Staff recommends Council open the public hearing and continue to the July 7, 2004 meeting.) Staff recommends adoption of Consent Calendar Hearing items a through c. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; City of Bakersfield v SPCA, et al. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9; One (1) potential case. RECONVENED MEETING - 7:00 p.m. 7. ROLL CALL 8. INVOCATION by Reverend Elizabeth Price, Acts of Worship Ministries. 9. PLEDGE OF ALLEGIANCE by Haresha Clark, 5~h Grade Student at Evergreen Elementary School. 10. CLOSED SESSION ACTION 11. PRESENTATIONS a. Presentation of an Appreciation Plaque to Castle & Cooke. b. Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Eric W. Matlock. 12. PUBLIC STATEMENTS 13. HEARINGS - Council may hear Consent headng items listed but not heard at 5:15 pm portion of meeting a. Public Hearing to consider commercial refuse rate increase for fiscal year 2004/05 (4.8% proposed rate increase). Staff recommends adoption of resolution. b. Public Hearing to consider residential refuse rate increase for fiscal year 2004/05 (4.8% proposed rate increase). Staff recommends adoption of resolution. c. Public Hearing for the FY 2004-05 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Staff recommends Council hear public testimony. 14. NEW BUSINESS a. Agreement for Animal Care Services (County - City of Bakersfield). Staff recommends approval of agreement. 15. COUNCIL AND MAYOR STATEMENTS 16. ADJOURNMENT pi 6/3/04 3:13p m Respe/~ffully submitted, .~ City Manager ,/ 4 ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Workshop ITEM: TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD (~ DATE: May 28, 2004 CITY A'I'rORNEY CITY MANAGER SUBJECT: Department Budget Presentations 1. Centennial Garden 2. Greater Bakersfield Convention and Visitors' Bureau RECOMMENDATION: BACKGROUND: The Centennial Garden and Greater Bakersfield Convention and Visitors' Bureau will provide a detailed overview of their FY 2004-2005 proposed operating budget. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes. DWH:jp 5/28/2004 4:02 PM S:\04-05Budpro\Budget Hearings 060904.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 IAGENDA SECTION: Consent Calendar ITEM: H, G. · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk June 2, 2004 CITY ATTORNEY CITY MANAGER Approval of minutes of the May 26, 2004 Council Meeting. APPROVED DEPARTMENT HE_~----~ RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEAD ~ .,~,,.~---- May 28, 2004 CITY ATTORNEY CITY MANAGER ~.~ Approval of department payments from May 14, 2004 to May 27, 2004 in the amount of $7,977,462.61 and self insurance payments from May 14, 2004 to May 27, 2004 in the amount of $109,887.48 RECOMMENDATION: Staff recommends approval of payments totaling $8,087,350.09 BACKGROUND: klg May 28, 2004, 11:48AM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: June g, 2004 AGENDA SECTION: Consent Calendar ITEM: H. ¢. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /~' ~ DATE: May 27, 2004 CITY ATTORNEY /~//~-f ~ CITY MANAGER SUBJECT: / An Ordinance amending Section 10.40.010 of the Bakersfield Municipal'Code ~elating to removal of vehicles. RECOMMENDATION: The Legislative and Litigation Committee recommends first reading of the ordinance. BACKGROUND: The Bakersfield Municipal Code authorizes the removal of vehicles parked in the same location on a City street for greater than 72 hours. The effect of the ordinance could be avoided by moving the vehicle a few feet. This amendment requires the vehicle be moved greater than a half mile to avoid removal. This amendment also allows the Police Department discretion in notifying non-complying owners and removing non-complying vehicles. The Legislative and Litigation Committee discussed the issues surrounding this ordinance amendment and recommends first reading. AMS:Isc May 27, 2004, 12:46PM S:\COUNCIL~Admins\VehicleRemova110.40.010.dot ADMINISTRATIVE REPORT MEETING DATE: June 9,2004 AGENDA SECTION: Consent calendar ITEM: H. &. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ..._A,,P-~ROVED Ron Fraze, Fire Chief DEPARTMENT HEAD June 1, 2004 CITY ATTORNEY First reading of ordinance requiring automatic gate opening devices on access toads requiring emergency services. RECOMMENDATION: Staff recommends first reading of ordinance. BACKGROUND: Gated subdivisions and apartment complexes have become increasingly prevalent in our community due to the added security and exclusivity they offer its residents. These security gates, however, significantly impede the Bakersfield Fire Department's emergency access to residences located therein. The additional time it takes to stop the fire engine, get out, unlock a key box on the gate, and then unlock and release the gate mechanism, may result in increased property damage and/or extended medical aid response times. Optical technology is currently installed throughout the metro area for controlling traffic signals for emergency response vehicles. Similar devices can be used to automatically open the gates of these private communities. This ordinance would require all new construction of such access gates to be equipped with an automatic opening device which is activated through the wireless activation system currently utilized on emergency response vehicles. S:\SUSAN~Admin Repod Word\Ralph gates.doc 6/1/2004 3:15 PM ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent ITEM: H. ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 25, 2004 APPI~OVED DEPARTMENT H EAD/~ CITY ATTORNEY ,~ ~ CITY MANAGER '/ / An Ordinance amending Section 17.06,020 (Zone Map No.102-23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an Planned Commercial Development (PCD) zone to a Revised Planned Commercial Development (PCD) zone to allow a Recreational Vehicle Park with 227 spaces and related uses on 16.32 acres located on the southwest corner of Pacheco and Wible Roads. (#04-0220) (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading on May 26, 2004. On April 15, 2004, the Planning Commission unanimously adopted Resolution No. 35-04 recommending adoption of the ordinance approving Zone Change No. 04-0220 to allow revision to a previously approved recreational vehicle park and related uses located at the southwest corner of Pacheco and Wible Roads. Ken Sorensen, representing property owner Edward Gene Patterson, applied to change the zoning on 16.32 acres from a Planned Commercial Development (PCD) zone to a Revised Planned Commercial Development (PCD) zone on the site previously used as the Crest Drive-In. The zone change consists of a change to the site plan for the recreational vehicle park (RV) and proposes additional service related uses on 16.32 acres. The number of RV spaces has been increased from 190 to 227 spaces for recreational vehicles. The proposed associated uses in the RV park are similar to those previously approved. These uses include a manager's residence, office, laundry, swimming pool, playground, restaurant, cocktail lounge, and maintenance building. The main access is from Wible Road. Secondary access for emergency and maintenance vehicles will be from Pacheco Road. There is no access to any adjacent residential street from the project site. The primary changes proposed with this zone change are as follows: ADMINISTRATIVE REPORT Coverina the canal located alona Wible Road: With the covering of the canal, the developer will install standard street improvements along Wible Road, an arterial street, including a 10-foot wide landscaping strip. Installing landscaping to City standard and a masonry wall along Wible Road will address the previous aesthetic concerns regarding the canal's chain link fence and limited room for landscaping along Wible Road. There is room now to require a right turn deceleration lane along Wible Road. Reduction in the size of the restaurant with elimination of the banquet room: Previously, the project include a full-service restaurant with banquet facilities and cocktail lounge. This use had the potential to be rented for special events such as parties and wedding receptions. The proposed change is to scale back the size of the restaurant and cocktail lounge to serve RV park customers and their guests. Modification to allow reduction in the number of standard parkinq spaces: The proposed plan depicts 56 parking spaces for standard cars. The project would require 94 parking spaces if calculated in accordance with the City's Parking Ordinance. There is a shortage of 38 standard parking spaces. Although the City does not typically approve reduction of parking spaces, staff recognizes the uniqueness of the proposed project, and that the restaurant/cocktail lounge is intended to serve the RV customers and their guests. A condition is included to limit the use of the restaurant/cocktail lounge to the RV customers and their guests and it will not be open to the general public. Ail of the landscaping, buffering, design features and operational conditions of approval required of the original zone change have been incorporated into this revised plan. For example, the 20-foot setback landscaped with an evergreen tree screen between the residentially zoned property on the west and south sides and the first tier of RV spaces is provided. An 8 foot high masonry wall would be constructed along the west boundary, and the existing 6 foot high wall along the south boundary will remain. No one spoke in opposition to the request at the Planning Commission hearing. The applicant agrees to all conditions as stated in the exhibits attached to the ordinance. The 1.8 acres owned by ExxonMobile on much of the Pacheco Road street frontage shall remain undeveloped. If the PCD zone is approved, a separate revised PCD zone change application must be approved prior to any development for the ExxonMobile property. The Negative Declaration adopted with the previous zone change (file Cf 01-0762) is applicable to and appropriate for this project. Therefore, in accordance with CEQA section 15162, no further environmental documentation is necessary because there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Jeng Admin\6-9-0220 ADMINISTRATIVE REPORT ME=lING DATE: June 9, 2004 ITEM: c[, .~. AGENDA SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 1, 2004 APPROVED DEPARTMENT HEAD CITYArrORNEY CITY MANAGER SUBJECT: Ordinance amending Section 12.44.031 of the Bakersfield Municipal Code relating to Special Permits for Downtown Promotions. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The Downtown Business and Property Owners' Association (DBA) have asked the City Council to allow additional small-scale events, such as open-air markets, in the Downtown area. Activities associated with open-air markets may include a farmer's market, food service (e.g. barbeques), and the display of products supplied by downtown businesses, such as art galleries and retail shops. The proposed location is the alley between 20~" and 21st Street, Chester Avenue and "K" Street. The existing ordinance only allows open-air markets to be conducted on Wall Street Alley between Chester Avenue and "H" Street and along Eye Street from 19th Street to Wall Street A~ley. Last year, when the DBA held the open-air markets in Wall Street, the location proved to be problematic. The early hours of the farmers' market (4:30 p.m.) created a conflict with tenants of the Sill Building who exit through to the alley from the underground parking lot until 6 p.m. Farmers' market hours need to start early to provide downtown employees an opportunity to purchase produce on their way home from work. Additionally, east/west exposure of the alley proved to be very hot, not cooling down until later in the evening. The request to allow open-air markets in another part of downtown can be accomplished by amending the section of the Bakersfield Municipal Code that specifically addresses special permits for downtown promotions. The proposed change would allow the DBA to apply to the City Manager to obtain up to 52 permits per year for the sale and display of merchandise within the greater area of Downtown defined in the Code as Truxtun Avenue on the south, "H" Street on the west, 22n~ Street on the north, "M" Street on the east. These events would include summer street fairs and DBA sponsored special events such as the Highway 99 Car Show. The submittal of an application for each of these events to the City Manager would allow the City Manager's Office maximum discretion in permit approval. This change would also give the DBA greater latitude to work with more businesses throughout the downtown area. The City Council conducted first reading of this ordinance May 26, 2004. S:\COUNClL~Admins\downtown promotions final.docc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 12, 2004 APPROVED DEPARTMENT HEAD //~'~ _ CITY MANAGER // / Resolution of Intention No. 1333 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2004-2005 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. This Resolution preliminarily approves the Public Works Director's Report which includes the 2004-2005 budget for the Consolidated Maintenance District. Again this year, assessment rates will not be increased. Assessment rates will remain at the 2003-2004 level. The Map and Assessment Diagram, Exhibit "B" and the proposed 2004-2005 budget, Exhibit "D" are attached to the Resolution of Intention. The Legal Description, Exhibit "A", the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 23, 2004, at 5:15 P.M. dc May 12, 2004, 8:48AM ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: H. h, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 12, 2004 DEPARTMENT HEAD /~,~ P,ROVED CITY ATTORNEY~ CITY MANAGER /~ F Resolution of Intention No. 1334 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2004-2005 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. This Resolution preliminarily approves the Public Works Director's Report which includes the 2004-2005 budget for the Consolidated Maintenance District. Again this year, assessment rates will not be increased. Assessment rates will remain at the 2003-2004 level. The Map and Assessment Diagram, Exhibit "B" and the proposed 2004-2005 budget, Exhibit "D" are attached to the Resolution of Intention. The Legal Description, Exhibit "A", the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 23, 2004, at 5:15 P.M. dc May 12, 2004, 10:32AM S:\PROJECTS\MAINDIST~ADMINRPT\CMD04RoiPk dot e ADMINISTRATIVE REPORT IMEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: H. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 17, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY ,~ CITY MANAGER Resolution of Intention No. 1335 preliminarily adopting, confirming and approving Public Works Director's report for the Traffic Signal Maintenance Districts and the 2004-2005 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Wards 1, 3, 4 and 5) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: Since the approval of Resolution 161-94 on September 28, 1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals, the Council has approved nine Traffic Signal Maintenance Districts, TS-1 (Marketplace), TS-2 (NW Promenade), TS-3 (Rosedale, Jet Way), TS-4 (Gleneagles), TS-5 (Northwest Promenade, Phase 2), TS-6 (E. Brundage, Hayes), TS-7 (Mt Vernon, N/Bernard), TS-8 (Calloway, Hageman NE) and TS-9 (Gosford Village). The Bakersfield Municipal Code requires an annual hearing to set the assessments for each parcel. To simplify the hearing process, due to the small number of property owners, the hearings for all nine districts will be combined. Budgets for each district will remain separate. Assessments are not being increased for any of the nine districts. All districts are therefore exempt from the procedures and approval process of Preposition 218. For all the districts, the Map and Assessment Diagram, Exhibit "B" and the proposed 2004-2005 budget, Exhibit "D" are attached to this Resolution of Intention; the Legal Description, Exhibit "A", the Benefit Formula, Exhibit "C" and the Assessment Roll, Exhibit "E", are on file in the City Clerk's Office. This resolution preliminarily approves the Public Works Director's Report, the 2004-2005 budgets and sets the protest hearing for the Council meeting on Wednesday, June 23, 2004 at 5:15 pm. Dc May 17, 2004, 4:44PM ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA .SECTION: Consent Calendar TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 28, 2004 APPROVED Resolutions regarding proposed Assessment District No. 03-3 (Seven Oaks West Ill / Brighton Place II / Fairway Oaks South): Resolution determining assessments remaining unpaid; Resolution approving form and substance of preliminary official statement and bond purchase contract; and Resolution authorizing issuance of bonds. RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: On December 10, 2003 the City Council adopted Resolution No. 212-03, Accepting Petition and Determining to Undertake Special Assessment Proceedings, regarding this proposed district. On December 10, 2003, the City Council adopted Resolution of Intention No. 1320, to initiate the creation of this proposed assessment district. A protest hearing was held on April 28, 2004 regarding the formation of this district; nobody spoke in opposition to the district. The above resolutions establish the framework for the financial aspects of the Assessment District; establishing the amounts to be assessed, approving the form and substance of the preliminary official statement and the bond purchase contract, and authorizing the issuance of the bonds. Following approval of the above resolutions, the Finance Director will work with the Bond Underwriter (RBC Dain Raucher) to market and sell the bonds. Pre-marketing and pricing of the bonds will take place over the next few weeks, We expect the bond sale to close in early July 2004, at which time funds will be available for acquisition of public improvements within the assessment district. (nks) May 28, 2004, 10:3ZAM S:\KimG\Forms & Lables~Adrnin~AssmtDist03-3issuebonds,doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar TEM: H. i4. TO: FROM: DATE: SUBJECT: (1) Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 21, 2004 Tract Maps and Improvement Agreements APPROVED DEPARTMENT HEAD ~(~ "~ ~ CITY ATTORNEY CITY MANAGER Final Map and Improvement Agreement with Three Views, LLC, and Porter-Robertson Engineering and Surveying, Inc., for Tract 5518 located south of State Route 178 and east of Miramonte Drive. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. May 28, 2004, 10:12AM G:\GROUPDAT~ADMINRPT~2004\06-09\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 I ITEM: c~. L. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 24, 2004 Improvement Plan Checking Engineering Services: DEPARTMENT HEAD /f/~__ROVED CITY A'I-rORNEY CITY MANAGER~"/~ 1. Design Consultant Contract with Ruettgers and Schuler Civil Engineers (not to exceed $50,000) for improvement plan checking engineering services. 2. Appropriate $50,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND The City of Bakersfield is currently experiencing an unprecedented level of subdivision activity. The Subdivision Section of the Public Works Department currently has a 12 week back log in improvement plan check. The goal is to review plans within 4 weeks of submittal. Recently, the Council approved the addition of 2 Engineering Technician I's to the Subdivision Section to help handle the influx of plans for review. However, the backlog of plans to review is so high that staff is recommending hiring an additional outside consultant to provide plan checking services to reduce the backlog to a level that can be handled by regular staff. mps May 25, 2004, 9:09AM G:\GROUPDAT~ADMINRPT~2004\06-09\Ruettgers Schuter Plancheck.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: t..[0 ~, TO: Honorable Mayor and City Council FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD/'~~ DATE: May 28, 2004 CITY ATFORI~E'~/~ CITY MANAGER ~, ~//~. 7 SUBJECT: Agreement with Castle & Cooke California, Inc. to purchase real property located e~'ast of Allen Road to approximately ~ mile east of Calloway Road for $5,660,000 for the Wests~de Parkway. 0Nard 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired represents approximately 2.5 miles of the Parkway alignment. The property is owned by Castle & Cooke California, Inc., a local development company. The purchase price of $5,660,000 represents the property's fair market value, including severance damages, as determined by an appraisal prepared by Michael Launer & Associates and reviewed by Caltrans. 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. May 28, 2004, 9:44AM P:\MyFiles~Adrnin Reports\Castle & Cooke WSP.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar TEM: H, r~. TO: APPROVED FROM: DEPARTMENT HEA~x~______---~.~~~ DATE: May 28, 2004 CITY ATTORN E'~C"~/f ~v~'~__ _.,. CITYMANAGER /~¢ 7 SUBJECT: Agreement with Carl G. Oblinger, trustee of the Carl G. Oblinger Trust to purcha al property located at the southeast corner of Johnson Road and Manon Drive for $616,080 for the Westside Parkway. (Ward 4) Honorable Mayor and City Council Gregory J. Klimko, Finance Director RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired comprises 9.85 acres of residentially zoned land. The property is owned by Carl G. Oblinger, a local developer. The purchase price of $516,080 represents the property's fair market value, including severance damages, as determined by an appraisal prepared by Michael Burger & Associates and reviewed by The Hopper Company, both independent appraisal firms. 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. May 28, 2004, 10:41AM P:\MyFiles~Admin Reports\Oblinger WSP.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: ~ o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 20, 2004 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Bakersfield Municipal Airport Ground Leases (Ward 1): A~_OVED 1) Ground Lease Agreement with Bob Hooper for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. 2) Ground Lease Agreement with Gary A. Longwith for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of ground leases which allowed for the construction of owner hangars. Currently there are fourteen such Ground Lease Agreements and constructed hangars. The term of these agreements is for a period of twenty years with the option of two 5-year extensions. The approximate size of the aircraft storage hangars is 2,000 square feet. Each land lease generates $40 per month in revenue. June 2, 2004, 7:40AM C:\Documents and Settings\gJorenzi.000\Local Settings\Temp\Hooper - Longwith Ground Lease.doc ADMINISTRATIVE REPORT MEETING DATE June 9, 2004 IAGENDA SECTION: ITEM: ~. ~. Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD ~ DATE: May 27, 2004 CITY ATTORNEY ClTYMANAGER //~ // SUBJECT: License Agreement with Kern Water Bank Authority for constructing and maintaining four (4) recovery well turn-in structures and pipelines to the City-owned Kern River Canal located in the "2800 Acres" approximately 4.5 miles west of Buena Vista Road. (Ward No. 4) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Kern Water Bank Authority (KWB) is the owner of the land located south of the City-owned and operated Kern River Canal west of Buena Vista Road. The KWB operates its properties as a water banking facility. In order to transport groundwater pumped from this banking project, discharge piping and turn-ins to the City's Kern River Canal are needed. KqNB desires to remove the existing temporary pipes and construct and maintain four (4) new recovery well turn-in structures and pipelines from KWB water wells to the Kern River Canal. Under this license agreement, KWB would construct, operate and maintain the four (4) new turn-ins within the right-of-way of the City's Kern River Canal at points between 4 and 5 miles west of Buena Vista Road. KWB will pay all costs to design, construct and maintain the pipeline crossings, which can only be used for groundwater recovery operations. Should damages or repairs be required of City facilities or damages to water supplies transported in the City facilities, due to the installation or operation of the turn-ins, KWB shall bear and reimburse City such costs. This license agreement is non-exclusive and revocable by the City upon 30 days notice, at which time KWB would be required to remove the turn-ins and pipelines and restore the premises. KWB will indemnify the City against any and all claims. June 1, 2004, 1:29PM C:\Documents and Settings\aJawrenc. BAKERSFIELD\Local Settings\Temp',,JNO9WTCC1 .doc ADMINISTRATIVE REPORT IMEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: q.C~ r TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Director of Recreation & Parks May 18, 2004 .APPROVED DEPARTMENT HEAD ~-'q' CITY A'I-FORNEY ~'~-~/~ CITY MANAGER Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball for officiating services for the city adult softball program in an amount not to exceed $51,300. (Wards 1 & 2) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City requires sports officiating services for its soffball program, which has three seasons during the fiscal year. This agreement with Kern County Slow-Pitch Softball is to provide one umpire per game for all three seasons of men's, women's, co-recreational slow-pitch, playoff and tournament softball games. Kern County Slow-Pitch Softball is paid $18 per game with the total not to exceed $50,400. The cost per official has not changed over the previous agreement. This agreement also calls for Mr. Maharrey to evaluate and place City teams in the respective divisions for league play in the amount of $300 per season/league with the total amount not to exceed $900. There are 92 softball teams in the City's program, which is growing, in fact, we are turning down teams because there aren't enough fields. And providing officials for all the teams is always a challenge. In the past the City has tried hiring part-time staff to coordinate the hiring, training, certification and work of the umpires, but it proved to be ineffective because we lacked the expertise and full-time staff required to do the job properly. City staff has found that contracting is the most cost effective way to provide this service. Kern County Slow-Pitch Softball is the firm best qualified to provide the number of certified umpires that we need. One other local firm exists but we are not confident they can provide the same quality as Kern County Slow-Pitch. The rate we pay is equivalent to what Kern County and North Bakersfield Recreation & Parks District pay. The City's adult softball program generates approximately $62,000 in revenue annually. The total agreement does not exceed $51,300 Si June 2, 2004, 1:59PM S:~Admin Rpts~004~Admin - Kern County Slow-Pitch Softball 060904.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 24, 2004 DEPARTMENT HEAD CITY AI'I'ORNEY CITY MANAGER APPR~ ~VED Amendment No. I to Agreement No. 03-207 with Kern Sprinkler Landscaping to extend agreement for twelve (12) months ($75,000.00 increase, for a revised not to exceed compensation amount of $150,000.00) for irrigation and landscape service. RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: On July 9, 2003, Council awarded the annual contract for irrigation and landscape services to Kern Sprinkler Landscaping to provide improvements to median islands throughout the City. The contract allows for a twelve (12) month extension if both parties agree. This allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be rebid. Parks Department has advised that Kern Sprinkler Landscaping has provided excellent and timely service, and is familiar with the City standards and requirements and requests the extension of the agreement with no price increase at this time. Purchasing Division DW:Ijm P:~ADMIN~004 ADMIN\C04 0609_A_Arnendment 1_To Agreement 03-207_Revised.doc June 1,2004, 3:53PM ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: f..[, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ,APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD /f~_..- May 27, 2004 CITY A'I-rORNE¥~/¢~-'~,.~ //~¢-~/ CITY MANAGER f_ / Reject bids for 32 Acre Park north of Stockdale Highway at Buena Vista Road (Ward 4): RECOMMENDATION: Staff recommends the rejection of bids, reevaluate and re-advertise the project. BACKGROUND: On July 18, 2001, the City entered into an agreement with RJM Design Group, inc. for Landscape Architectural, Architectural and Engineering Services for the Thirty Acre Park on Stockdale Highway at Buena Vista Road to be completed in three phases. In phase one, the Water Resources Department rough graded the park, constructed two recharge lakes, constructed a connecting concrete/cobble stream, and installed required plumbing for the recharge lakes. This project, phase 2, consists of constructing a large portion of the park complete with irrigation, landscaping, planting, parking lots, entry monuments, benches, water fountains, security lighting, concrete paved walkways, pre- manufactured pedestrian bridges, tot-lot, picnic structures, entry plazas, restrooms, water features, and an amphitheater. The amphitheater will include a full covered stage, air conditioned dressing rooms, restrooms, and a storage area. The tot lot will be funded with a $314,822 grant from the California Department of Housing and Community Development ($314,822) and the remaining improvements are funded with Park Development Funds. Phase three will construct the remaining park features, i.e. tot lot restroom, tot lot picnic structure, entry plaza, and remaining landscaping as a future project. The City pre-qualified four bidders for the project and received bids from two of the pre-qualified bidders. The two bids received are significantly higher than the Engineer's estimate of $5,457,469. In addition, the apparent Iow bidder has requested relief from their bid; according to Public Contracts Code 5105: "A bidder who claims a mistake...shall be prohibited from participating in further bidding on the project on which the mistake was claimed..." The next apparent row bidder is approximately $2,700,000 above the current budgeted amount of $4,900,000 for the base bid ptus the additive alternates. This does not include an additional $200,000 required for construction engineering and material testing. The total additional funds required is $2,900,000 not including funds for contingency. The project will be reevaluated and re-advertised. Staff will be meeting with SC Anderson Inc. and the Designer to determine cost effective reductions to the current park design before re-advertising this project. On May 26, 2004, two bids were received as follows: Ecology Construction Base Bid $6,350,880 22019 Vanowen Street #F Additive Alternate No. 1 $ 92,630 Canoga Park, CA 91303 (out of town) Additive Alternate No. 2 $ 15,600 Total, in the amount of $6,459,110 SC Anderson, Inc. 2160 Mars Court Bakersfield, CA 93308 (City) Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Total, in the amount of $7,430,000 $ 150,000 $ 20,000 $7,600,000 June 2, 2004, 4:36PM G:\GROUPDAT~ADMINRPT~2004~06-09\32 Acre Park adminreport.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION Consent Calendar ITEM: ~.~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 3, 2004 Reject all bids for Wayside Park Wet Play Area (Ward 1). A~J;IROVED DEPARTMENT HEAD CITY ATTORNEY RECOMMENDATION: Staff recommends rejection of all bids with the project to move forward using annual contracts, subcontractors, and some City staff. BACKGROUND: The old swimming pool at Wayside Park was beyond its economic life and was demolished in March 2004 to make way for a wet play park that would require minimal maintenance. This new facility would provide for interactive water play for all ages without having to have on site supervision. This facility will include 28 water features on a 3,854 square foot concrete pad which will allow up to 115 children to play at one time. Funding for this project will be Community Block Grant funds. Both bids received were significantly higher than the Engineer's estimate of $164,200. Staff recommends using both annual and other contractors, in conjunction with City staff, to construct this project. All costs, including costs incurred by City staff, will be funded entirely with Community Block Grant funds. Consequently, there will be no impact on the General Fund. On May 27, 2004, two bids were received as follows: California Commercial Pools, Inc. 2255 E. Auto Center Drive Glendora, CA 91740 (out of town) Base Bid Selective Alternate Total, in amount of $280,186.50 $ 7,50O.OO $287,686.50 Brown and Fowler Construction 3008 Antonino Ave. Bakersfield, CA 93308 (local) Base Bid Selective Alternate Total, in amount of $322,820.00 $ 6,340.00 $329,160.00 June 3, 2004, 11:42AM - WGM PW/ENGR G:\GROUPDAT~ADMINRPT~2004\06-09\Wayside Park Wet Play Area.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar TEM: ~. U.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 28, 2004 APPROVED CITY ATTORNEY ~'-.~-~ Accept bid to award annual contracts to Abate-A-Weed, Incorporated, Target Specialty Products, and Wilbur-Ellis Company, not to exceed $169,300.00, for chemical insecticides and herbicides for the Parks and Water Resources departments. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts BACKGROUND: These contracts will be used by the Parks and Water Resources departments for control of insects and weeds on City property. City department personnel estimate the quantities and types of chemicals that may be required for the coming twelve (12) month period. Actual quantities are not known until the need arises. Three (3) bids were received. Unit prices were compared to determine the Iow bidders, and the City can best be served by splitting the award among three (3) vendors. Purchasing Division DW:Ijm P:~ADMIN~O04 ADMIN\C04 0609B_Chem icals-lnsecticides- Herbicides.doc May 28, 2004, 8:48AM ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. V. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD June 3, 2004 CITY A'I-FORNEY - //~ CITY MANAGER~" Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $150,360.21 RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: The staff has exhausted ail possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) Risk Management (Property Damage Claims) Police (Alarm Violations & Misc. Activity) Other SUB-TOTAL $63,691.57 721.61 64,413.18 76,022.48 1,662.00 8,262.55 TOTAL The recommended write off amount is about .44% of total bilring, or less than 1% The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 15.95% or $23,977.86 and Judgments make up 20.99% or $31,553.18 of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from fudher collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. klg June 3, 2004, t:55PM C:\Documents and Settings\cperkins\Local Settings\Temp~Admin ~ Writeoffs03Revised_l.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 IAGENDA SECTION: Hearings ITEM: ff3. o.' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council .._AP, PROVED Development Services- Planning DEPARTMENT HE ,AD~..~. June 2, 2004 CITY ATTORNEY CITY MANAGER , //./. Appeal by Rio Bravo Residents and Homeowner s Associations, regarding the decision of the Planning Commission to approve Revised Vesting Tentative Tract Map 5516 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter-Robertson / Subdivider - GFC Properties, LLC) (Ward 3). RECOMMENDATION: Staff recommends open the public hearing and continue to Juty 7, 2004. BACKGROUND: This project was appealed on the basis of circulation issues that the Rio Bravo Residents and Homeowner's Associations did not feel were adequately addressed in the design of the tract map. The residents and developers are engaged in negotiations which are making progress towards an alternative circulation system to address the concerns. The applicant has requested continuance of this item to allow for continued issue resolution involving the appellants, staff, the applicant and the area Councilmember. LP Admin\6-9-5516 ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Hearings ITEM: 5, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Planning DEPARTMENT HE/A'~_.~./,.~ - June 2, 2004 CITY ATTORNEY/ ,/~o-'") ~ CITY MANAGER ~/~// Appeal by Rio Bravo Residents and Homeowner's Associations, regarding the cl~cision of the Planning Commission to approve Revised Vesting Tentative Tract Map 5517 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter-Robertson / Subdivider - GFC Properties, LLC) (Ward 3). RECOMMENDATION: Staff recommends open the public hearing and continue to July 7, 2004. BACKGROUND: This project was appealed on the basis of circulation issues that the Rio Bravo Residents and Homeowner's Associations did not feel were adequately addressed in the design of the tract map. The residents and developers are engaged in negotiations which are making progress towards an alternative circulation system to address the concerns. The applicant has requested continuance of this item to allow for continued issue resolution involving the appellants, staff, the applicant and the area Councilmember. LP Admin\6-9-5517 ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ...~_~ /~PPROVED /- // Development Services- Planning DEPARTMENT/I~IEAD ~ - June 2, 2004 Appoal by ~io ~ravo ~osidonts and Homoownor's ~ssodations, ro~ardinO tho docision of tho ~lannin~ Gommission to approvo ~oviso0 Vostin~ lontativo lract Map ~243 ~onorally Iocato¢ south ol Highway 178, oast of Miramonto ~rivo, within tho Bio Bravo Gol~ Gourso Community {En~inoor - ¢o~or-Bo~o~son / Sugdividor - Throo Viows, Umitod ~a~norship) (War~ 3). RECOMMENDATION: Staff recommends open the public hearing and continue to July 7, 2004. BACKGROUND: This project was appealed on the basis of circulation issues that the Rio Bravo Residents and Homeowner's Associations did not feel were adequately addressed in the design of the tract map. The residents and developers are engaged in negotiations which are making progress towards an alternative circulation system to address the concerns. Staff recommends that this map hearing be continued because it is so closely related to the other subdivisions (Tract 5516 and Tract 5517) with respect to outstanding issues. The continuation would allow for continued issue resolution involving the appellants, staff, the applicant and the area Councilmember. LP Admin\6-9-6243 ADMINISTRATIVE REPORT MEETING DATE: June 1~9, 2004 AGENDA SECTION: Closed Session ITEM: (~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 1,2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel- Existing Litigation APPROVED Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. SPCA, et al KCSC Case No. S-1500-CV 251740 RJA RECOMMENDATION: BACKGROUND: VG:Iks S:\COUNCIL\Ct Sess~,dmins~004\S PCA4.doc ADMINISTRATIVE REPORT MEETING DATE: June 09, 2004 I ITEM: (~.b, AGENDA SECTION: Closed Session TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD APPROVED June 3, 2004 CITY ATTORNEY ~"'~.~. CITY MANAGER ~ ?/ Conference with Legal Counsel- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: VG:Is S:\COUNCIL\CI Sess~,dmins~004\06-09-04 Potential.doc 6/3/2004 ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AG ENDA SECTION: Presentations ITEM: ~|, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief May 10, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Presentation of an Appreciation Plaque to Castle and Cooke. RECOMMENDATION: Staff recommends approval. BACKGROUND: Ron Fraze, Fire Chief, would like to present a plaque to Castle and Cooke for their continued support of a safer community. (Typist's initials lower case) May 17, 2004. 12:02PM S \SUSAN~Admin Report Word\presentation dot ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Presentations ITEM: ~l. b. TO: FROM: DATE: Honorable Mayor and City Council r~ APPROVED Carroll Hayden, Human Resources Manage DEPARTMENT HEAD April 5, 2004 ClI'~ MANAGER SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Eric W. Matlock. RECOMMENDATION: BACKGROUND: Mayor Hall will make presentation to: Eric W. Matlock, Chief of Police, Bakersfield Police Department, for 33.6 years of service to the City of Bakersfield. 4/5/2004 S:~ADMINRPT~Retiree Presentations - Matlock.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: Hearings ITEM: I~. O... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director May 25, 2004 AEPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ // Public hearing to consider commercial refuse rate increase for fiscal year 200 5 (4.8% proposed rate increase). (All Wards) RECOMMENDATION: Staff recommends adoption of 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. Pursuant to Chapter 8.32 of the Bakersfield Municipal Code, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably incurred from fees and charges levied. This public hearing provides the mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. The last refuse rate adjustment was one year ago. Commercial Solid Waste rates for FY 2004-05, reflect a 4.8% increase in rates for the various services. This increase covers inflation and operating cost increases, maintenance costs, and costs for street sweeping and commercial wood waste recycling. The proposed fees would become effective July 1,2004. db May 25, 2004, 2:36PM S:\FILING\100 ADMIN\Financial~Budget\Prop 218\FY04-05~Admin Rpt_Commercia104.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 IAGENDA SECTION: Hearings ITEM: t~.l0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council AI~PROVED Rojas, Public Works Director DEPARTMENT HEAD /,,//'//~--~"--//__~'~ Raul M. May 29, 2004 CITY A'I-I'ORNEY CITYMANAGER ,~ / Public hearing to consider residential refuse rate increases for fiscal year 2004/05 (4.8% proposed rate increase). (All Wards) RECOMMENDATION: Staff recommends adopting 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. A notice of the proposed rate increase and the public hearing was mailed to each of the 71,451 property owners in the City. As of May 25, 2004, the City Clerk had received 13 written letters protesting the refuse fee and 2 written letters supporting the refuse fee. Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be increased from $147.60 per unit to $154.68 per unit per year (an increase of 4.8 %). The multi-family rate is proposed to be increased from $133.56 per unit per year to $139.92 per unit per year. The increase covers inflation and operating cost increases, maintenance costs, and costs for greenwaste carts and recycling equipment to meet the state recycling mandates. According to Proposition 218, if written protests against the proposed fee are presented by a majority of the identified parcels, the City shall not charge the annual proposed fee. If written protests against the proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the proposed fee. The proposed fees would become effective July 1, 2004. db May 25, 2004, 2:37PM S:\FILING\100 ADMIN\Financial~Budget\P rop 218\FY04-05~Admin Rpt_Residentia104.doc IMEETING DATE: ADMINISTRATIVE REPORT June 9,2004 AGENDA SECTION: Hearing ITEM: 1 9. ~.-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager June 1,2004 DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER Public Hearing for the FY 2004-05 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: Each year a public hearing is required to receive public comment prior to adoption of the budget. The FY 2004-05 Operating Budget is proposed at $308,872,819 which includes a $259,165,156 Operating Budget, a $7,779,563 Bakersfield Redevelopment Agency Budget and a $41,928,100 Capital Improvement Budget. Final adoption of the budget is scheduled for June 23, 2004. Prior to this public hearing, individual department budget presentations were made to the Council on May 12, 2004, May 17, 2004, May 26, 2004, June 7, 2004 and June 9, 2004. Responses to Council budget questions resulting from the budget presentations were forwarded to each Council member. DWH:jp 6/1/2004 11:39 AM S:\04-05Budpro\OpCIPBRABudget Hearings 060904.doc ADMINISTRATIVE REPORT MEETING DATE: June 9, 2004 AGENDA SECTION: New Business ITEM: I~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager May 25, 2004 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER Agreement for Animal Care Services (County - City of Bakersfield) ~,P. PROVED RECOMMENDATION: Staff recommends Council approval. BACKGROUND: At the end of fiscal year 2002-03, the City's 10-year agreement with the SPCA for animal care, shelter, and field services ended when the SPCA refused to sign a renewal agreement for the funds that were available. Consequently, the City approached the County of Kern for assistance in animal care services. Mutually satisfactory--although short term--arrangements were entered in to for the provision of services to the community. During the 2003-04 fiscal year, the City and County entered in to four three-month agreements with the end goal of developing a longer-term mutually beneficial working arrangement for animal care and control for the Bakersfield area. The fourth short-term agreement ends June 30. This agreement, which is effective July 1, 2004, is the result of numerous meetings between City and County staff whose efforts focused on finding a way to provide the most efficient and effective animal care services for the community. It is felt that a co-located animal care facility will allow convenient and consistent services: Bakersfield and Kern County residents will no longer need to contact two separate governmental animal facilities to find their lost animals; City and County animals will be sheltered at the Mt. Vernon facility with resulting operational economies of scale; with the appropriate paperwork, City and County residents will be able to obtain City and County dog licenses at both the County shelter and at the City Treasurer's Office; City and County animal control rates will continue to be the same throughout the life of the agreement. Also of importance is the City's ability to use the County's animal control tracking system (Chameleon software) to facilitate not only the locating of lost animals but also in licensing and notification functions. The advantages of having one data base to provide animal control information not only benefits metropolitan area residents but also City and County animal control professionals in the performance of their duties. The bottom line is that this agreement improves services to the public and serves as a good model for City/County cooperation. Within this five-year agreement, with one five-year extension, the City agrees to pay the County for the services of four animal care workers and a portion of an administrator's/supervisor's salary to ensure the safe keeping of City animals. The City will also pay the County for use of County's Chameleon June 1, 2004, 4:21 PM S:~,dmin R ptst2.004~A DM04-06-09- l-Anim alCareAgreem ent.doc ADMINISTRATIVE REPORT computer software on six City computer units at the rate charged the County. Other miscellaneous expenses to be incurred by the County for services rendered on behalf of City animals are also included in the agreement. At the time the agreement is signed, the annual cost to the City for animal care within the contract is projected at approximately $230,000, with an additional amount of $24,000 per year ($2,000 per month) for rental of the County's Kennel D. The agreement commits the City to constructing an additional kennel facility/building to house animals which come into the shelter's keeping. This facility is expected to be finished and operational on or about July 1, 2005. Therefore, this one-time cost of $500,000 is included in the City's 2004-2005 capital improvement program budget for its construction. The City kennel will be located adjacent to the existing County facility. The County will operate the facility while the City will maintain it. The City will retain ownership of the kennel facility which rests on City land. A key advantage to constructing a kennel is that should the City and County, at some future time, terminate the contractual relationship, the City will own a kennel and will not be in the position the SPCA left us in last July. The City will retain animal control field services under the auspices of the Police Department. With adjustments to accommodate the agreement proposal, the Animal Control division budget is $415,974. Financial Services has added a licensing clerk in the amount of $32,328. Thus, total operational costs for 2004-05 can be broken in to four main categories of animal care contract with the County ($230,954), rental of County Kennel "D" ($24,000), Police-Animal Control ($415,932), and Finance- Licensing ($32,328) for a total of $703,224. The $703,224 total expenditures amount must be adjusted downward to reflect anticipated dog license revenues in the amount of $300,000. Thus, the net operating costs for the City for animal care and control services for 2004-05 is expected to be $398,224, substantially less than the former SPCA's net operating costs for animal control services during 2002-03 in the amount of $1,040,862. Even with the additional one-time capital improvement of $500,000 for the new kennel, the City's 2004-05 budgets remain more than $100,000 under the SPCA's net operating costs for 2002-03. A cost comparison sheet is attached. During 2005-06, Animal Control operating expenditures are expected to drop by $24,000 as City kennel construction will be finished and the City will no longer be required to pay rent for Kennel D. The one- time capital costs for kennel construction will also be eliminated. Upon approval of the agreement by Council, staff will make the necessary adjustments to the proposed General Fund budget revenue and expenditure amounts to reflect the changes required to implement this agreement. These changes will be incorporated into the budget to be approved by the Council in June. Based on the above factors and conditions, staff recommends Council approve the proposed long-term City-County animal care and shelter agreement for approval by the Board of Supervisors of the County of Kern. We further wish to commend County personnel, particularly David Price, Steve McCalley, Matt Constantine and Karen Geye, for their efforts in helping the City achieve a long-term animal care agreement benefiting City as well as County residents. June 1, 2004, 4:23PM S:~Admin Rpts~004~DM04-06-09-1-AnirnalCareAgreement.doc MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MAY 17, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Department Budget Presentation Meeting - 12:00 Noon PREMEETING 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None ACTION TAKEN DEPARTMENT BUDGET PRESENTATIONS a. General Government Assistant to the City Manager Darnell Haynes a made computer presentation and provided written materials. Councilmember Hanson requested clarification regarding Workmen's Compensation costs and measures in place to prevent fraudulent claims. City Manager Tandy responded. Councilmember Benham requested staff assist Council with subject matter preparation during the summer for the joint City/County meeting scheduled in September, including: · 1000'- 1500' rule relating to sewers · Issues regarding the south beltway · coordination of law enforcement efforts relating to gang and graffiti issues Councilmember Carson requested information regarding the Proposition 218 ballot measure. City Manager Tandy responded. Councilmember Carson requested information regarding feasibility of a % cent sales tax for Police and Fire Departments. City Manager Tandy responded. Councilmember Salvaggio complimented Assistant to the City Manager Haynes on the General Government presentation. NAT Bakersfield, Califomia May 17, 200 - Page 2 DEPARTMENT BUDGET PRESENTATIONS continued Item 2.a. continued Councilmember Salvaggio requested information regarding Council Goals. City Manager Tandy responded Councilmember Salvaggio requested information regarding the permanence of transfers for Assistant City Manager Christensen and Assistant to the City Manager Haynes. City Manager Tandy responded. Councilmember Salvaggio expressed appreciation for the City Clerk's staff. Vice*Mayor Couch requested Council review and revise stated Council Goals. Vice*Mayor Couch requested staff provide line item information regarding operating costs for the City Council and Mayor's offices. Vice*Mayor Couch requested Council seek means to reduce the Council operating budget. Councilmember Maggard requested information regarding the purchase of mobile computer equipment in 2002/2003. Director of Information Technology Trammell responded. Councilmember Maggard requested information regarding capabilities of the City to provide service to the public via the internet, Director of Information Technology Trammell responded. Councilmember Maggard requested staff not cancel anymore Joint City/County meetings. Councilmember Sullivan requested information regarding the opening of the Aquatics Center. City Manger Tandy responded. Councilmember Sullivan requested staff invite the McMurtreys to the opening of the Aquatics Center. Councilmember Sullivan requested information regarding transportation provided by the City to open City pools. Interim Recreation and Parks Director Christensen responded. Councilmember Sullivan requested information regarding Animal Control services. City Manager Tandy responded. Vice-Mayor Couch re-emphasized the necessity of economic restraint during the McMurtrey Aquatic Center Grand Opening. ACTION TAKEN Bakersfield, California May 17, 200 - Page 3 DEPARTMENT BUDGET PRESENTATIONS b. Fire Department Fire Chief Fraze made a computer presentation and provided written material. Councilmember Maggard requested information regarding staffing issues. Chief Fraze and City Manager Tandy responded. Councilmember Maggard requested information regarding the Joint Powers Agreement. Chief Fraze responded. Councilmember Carson requested information regarding staffing of Station 5. Chief Fraze responded. Councilmember Carson requested information regarding a plan for implementation of developer fees in the future for the purpose of providing Fire services. Chief Fraze responded. Councilmember Carson requested information regarding the use of fire stations for 'Safe Havens' for children and unwanted newborns. Chief Fraze responded. Councilmember Carson requested information regarding regulations for use of Homeland Security Funds for staffing. Chief Fraze responded. Councilmember Carson requested information regarding the joint City/County training facility. Chief Fraze responded. Councilmember Sullivan complimented the presentation. Councilmember Sullivan requested information regarding developers meeting Fire Code requirements and cleanup of contaminated sites. Chief Fraze responded. Councilmember Sullivan requested information regarding fire hydrants. Chief Fraze responded. Vice-Mayor Couch requested the Fire Department coordinate with the County to automatically dispatch a second responding truck to situations that meet pre.determined specifications. ACTION TAKEN NAT Bakersfield, California May 17, 200 - Page 4 DEPARTMENT BUDGET PRESENTATIONS continued Item 2.b. continued Councilmember Benham requested an analysis to determine if the level of fire and police service are keeping pace with the population growth; if warranted raise development fees to cover costs of providing the necessary level of service in new areas. Councilmember Maggard requested application of development fees be analyzed. City Clerk McCarthy announced item 2.d. would be heard before item 2.c. d. Police Department Chief Matlock introduced Captain Lynn and Assistant Chief Rector, who made a computer presentation and provided written material. Councilmember Maggard requested information regarding staffing levels of the gang unit. Chief Matlock responded. Councilmember Maggard requested information pertaining to net revenue levels and changes in County administrative costs that are passed on to the City. Councilmember Carson requested information regarding use of Homeland Secudty Funds. Chief Matlock responded. Councilmember Salvaggio congratulated Chief Matlock on his impending retirement and complimented Captain Lynn and Assistant Chief Matlock on the presentation. Councilmember Salvaggio requested information regarding increase of jail booking fees. Chief Matlock and City Manager Tandy responded. Councilmember Salvaggio requested information regarding graffiti. Chief Matlock responded. Councilmember Salvaggio requested information regarding an increase in crime statistics. Chief Matlock responded. Councilmember Hanson requested information regarding quality of life crimes. Chief Matlock responded. Councilmember Hanson made comments regarding Iow staffing levels. ACTION TAKEN NAT Bakersfield, California May 17, 200 - Page 5 DEPARTMENT BUDGET PRESENTATIONS continued Item 2.d. continued Councilmember Sullivan requested Chief Matlock contact her requested staff investigate establishing community committees to perform immediate abatement of graffiti and providing them with paint color coordinated to the particular area. Vice-Mayor Couch congratulated Chief Matlock on his upcoming retirement. Councilmember Maggard requested staff provide figures regarding the amount of State spending last year versus this year and the amount of purported cuts made; contrast the figures with the amount of spending for the City in the same time frame. Councilmember Maggard requested information regarding the prosecution of taggers; staff to solicit aide from the District Attorney's office and the presiding judge in impressing upon offenders and the public the severity of the graffiti problem. Councilmember Maggard requested staff reevaluate punitive action measures against taggers and requested staff provide cost analysis regarding strengthening the anti-graffiti program. Councilmember Benham requested information regarding rates of apprehension for graffiti offenders. Chief Matlock responded. Councilmember Benham requested information regarding obtaining grants for the purpose of graffiti removal. Councilmember Benham complimented Chief Matlock on his leadership of the Police Department. c. Development Services Department Development Services Director Hardisty made comments, introduced Planning Director Grady and acting Building Director Leonard who made a computer presentation and provided handouts. Councilmember Maggard requested information on the feasibility of performing ama-wide EIRs. Development Services Director Hardisty responded. Vice-Mayor Couch complimented the Planning Department for performing their services in an excellent manner. ACTION TAKEN NAT Bakersfield, California May 17, 200 - Page 6 ADJOURNMENT Vice-Mayor Couch adjourned the meeting at 3:00 p.m. ACTION TAKEN MAYOR ~the Ci~ ~ Bakemfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MAY 26, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard (seated at 5:18 p.m.), Hanson, Sullivan, Salvaggio Absent: None 2. WORKSHOP a. Budget Presentations. 1. City Attorney City Attorney Gennaro made a computer presentation and provided handouts. Councilmember Hanson requested information regarding savings through contracting with outside counsel. City Attorney Gennaro responded. Councilmember Benham complimented City Attorney Gennaro on the Attorney's Office presentation. Vice-Mayor Couch expressed appreciation to City Attorney Gennaro for the budget presentation and requested information regarding outside counsel contracts. City Attorney Gennaro responded. Vice-Mayor Couch congratulated staff on the recent decision and looks forward to a positive conclusion to the power plant issue. Councilmember Sullivan complimented CityAttorney Gennaro on the Attorney's Office presentation. Councilmember Salvaggio made comments regarding staff's handling of the WalMart lawsuit. ACTION TAKEN Bakersfield, California May 26, 2004 - Page 2 WORKSHOP continued 2. Finance Department and Revenue Overview Finance Director Klimko introduced Assistant Finance Director Nelson Smith, who made a computer presentation and presented handouts. Vice-Mayor Couch made comments regarding GASB compliance. Councilmember Hanson made comments regarding salary increases. Councilmember Sullivan made comments regarding the GASB issue. Finance Director Klimko gave a revenue overview. Councilmember Sullivan made comments regarding the presentation. Finance Director Klimko responded. Vice-Mayor Couch made comments regarding the Movies in the Parks program. PUBLIC STATEMENTS a. Daniel Schaar spoke regarding stolen property. Councilmember Benham requested Mr. Schaar meet with Assistant Chief Rector regarding police response time. b. Trudy Unger spoke regarding cede enforcement. Vice-Mayor Couch requested the City Attorney contact Ms. Unger. ACTION TAKEN CONSENT CALENDAR a. Approval of minutes of the meeting of May 12, 2004. Bakersfield, California May 26, 2004 - Page 3 CONSENT CALENDAR continued Payment: Approval of department payments from April 30, 2004 to May 13, 2004 in the amount of $6,157,704.18 and self insurance payments from April 30, 2004 to May 13, 2004 in the amount of $103,090.42. Ordinances: First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 102-23) fo Title 17 of the Municipal Code by changing the zoning from a Planned Commercial Development (PCD) zone to a Revised Planned Commercial Development (PCD) zone to allow a Recreational Vehicle Park with 227 spaces and related uses on 16.32 acres located on the southwest corner of Pacheco and Wible Roads. (ZC 04-0220) First Reading of Ordinance amending Section 12.44.031 of the Municipal Code relating to special permits for downtown promotions. e4 Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-07 to change the zoning district from A-20A (Agriculture- 20 Acre Minimum) to R-1 (One-Family Dwelling) on 60 +/- acres located along the north side of Panama Lane approximately one-fourth mile west of Buena Vista Road, (ZC 03-1473) Adoption of Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 123-26 to change the zoning from R-2 (Limited Multiple-Family Dwelling) to PCD (Planned Commercial Development) on 15 acres located 570 feet south of Panama Lane, adjacent on the west side of Wible Road and upholding the appeal of the applicant, as revised. (ZC 03-1537) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION FR ORD 4187 ORD 4188 Bakersfield, California May 26, 2004 - Page 4 CONSENT CALENDAR continued Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to R-l/CH (One Family Dwelling-Church) on 7.28 + acres, located south of Panama Lane, east of Stine Road, north of the Arvin-Edison Canal (Ridgeview Family Worship Center). (ZC 03-1540) Adoption of Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 103-13 to change the zoning from R-l(One Family Dwelling) to R-2-CH (Limited Multiple-Family Dwelling-Church) on 29.56 acres located adjacent on the south side of Paladino Drive, approximately a quarter mile west of Morning Drive and upholding the appeal of the Development Services Director. (ZC 03-1545) Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-30) of Title 17 of the Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone on 9.97 acres to allow development of 68 multiple family units (17 four-plex buildings) and a private recreational area located on the north side of Brimhall Road, 1,000 feet east of Jewetta Avenue. (Engineer: Mclntosh & Associates/Developer: Lakshmana Arasu) (ZC O4-0158) Resolutions: Resolution ordering Change of Proceeding and authorizing additional improvement work for Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial). ACTION TAKEN ORD 4189 ORD 4f90 ORD 4191 RES 188-04 Bakersfield, California May 26, 2004 - Page 5 CONSENT CALENDAR continued k. Assessment District No. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III): Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution of Intention No. 1336. 3. Resolution approving boundary map. Agreement with Wilson & Associates for assessment engineering services. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Pillsbury Winthrop, LLP, Disclosure Counsel, for legal services. Resolution of Intention No. 1337 ordering the vacation of the south 126 feet of the the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. m. Bakersfield Police Activities League "Pass Through" Grant: Resolution authorizing the City to act as the unit of local government to "pass-through" funding, not to exceed $172,000.00, to the Bakersfield Police Activities League in compliance with Title V Grant funding. Appropriate $172,000.00 in Title V Grant funding to the Police Department General Fund Operating Budget for "pass through" to the Bakersfield Police Activities League. Resolutions of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 463 located on the south side of McKee Road, between Wible Road and State Highway 99, and, Annexation No. 464 located south of McCutchen Road generally east of Ashe Road. ACTION TAKEN RES18~ ROI 1336 RES 190-04 AGR 04-120 AGRO~121 AGRO~I~ R01'1~7 RES 19'1-04 RES '192-04 RES 193-04 Bakersfield, California May 26, 2004 - Page 6 CONSENT CALENDAR continued Changes to Salary Schedule, New Job Specification and Position Reclassification: Amendment No. 12 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 Utilities Manager. 2. New Job Specification for Utilities Manager Reclassification of Wastewater Manager position to Utilities Manager position. Amendment no. 10 to Resolution No. 44-93 setting salades and related benefits for the Temporary Unit (Service Maintenance Worker-Temp) Resolution approving a grant application by the Police Department for receipt of the State of California Off Highway Motor Vehicle Recreation Trust Funds for off-highway vehicle enforcement funding and equipment purchase. q. Sale of Real Property: Resolution declaring real property located north of 8400 Stockdale Highway surplus to the needs of the City. Agreement with Bakersfield University Partners, a California limited partnership to purchase property located north of 8400 Stockdale Highway for $200,000.00. Amendment No. 1 to Resolution No. 198-03 changing the July and August meeting dates of Regular City Council Meetings for 2004. ACTION TAKEN RES 122-01(12) RES44-9~f~ RES f94-04 REMOVEDFOR SEPARATE CONSIDERA~ON RES 198-03('1) Bakersfield, California May 26, 2004 - Page 7 CONSENT CALENDAR continued Agreements: s. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc., Tract 6077 Unit 11 located north Pacheco Road and east Mountain Vista Drive. Final Map for Tract 6140 Phase 8 and Improvement Agreements with ADH Corporation for Tract 6140 Phases 7 & 8 located south of State Route 58 and east of Oswell Street. Final Map and Improvement Agreements with Bakersfield Land Development for Tract 6061 located north of Reina Road and east of Allen Road. Final Map and Improvement Agreement with Granite Pointe, LLC, for Tract 6095 Phase 3 located south of Berkshire Road and east of Wible Road. Pipeline License Agreement with Burlington Northern and Santa Fe Railway Company ($3,500.00) to allow the City to construct the Allen Road Sewer Project where it crosses the railroad tracks near Allen Road and Hageman Road. Agreement with Berkshire Properties, Inc. to purchase real property at the southeast corner of 24t~ and Oak Streets for $2,220,000.00 for a future interchange realignment and drainage. Agreement with Greenfield County Water District for street cut repairs. w. Goland and Roy v. Wright, City, et al case: Agreement with Michael G. Marderosian, Marderosian, Runyon, Cercone, Lehman & Armo to provide outside legal services (not to exceed $50,000.00) Agreement with Larry F. Peake, Wall, Wall & Peake, to provide outside legal services for Landon Wright (not to exceed $50,000.00) ACTION TAKEN AGR 04-124 AGR 04-125 AGR 04-126 AGR 04-127 AGR 04-128 AGR 04-129 AGR 04-130 REMOVED FOR SEPARATE CONSIDERATION AGR 04-132 AGR 04-133 AGR 04-134 Bakersfield, California May 26, 2004 - Page 8 CONSENT CALENDAR continued Amendment No. 2 to Traffic Impact Fee Agreement No. 02- 354 with Stuart Thomas, Inc., dba Lennox Homes, increasing impact fee credit by $431,367.00 for a total credit of $1,000,000.00 and including additional tract eligible to receive credit. Amendment No. 2 to Agreement No. 02-258 increasing compensation by $800,000.00 (for a revised not to exceed compensation of $3,800,000.00) with Granite Construction Company for street materials in the Streets Division. Amendment No. 2 to Agreement No. 01-166 with Delta Micro Imaging for Development Services Department document file conversion to Laser Fiche or Micro Fiche formats. aa. Amendment No. 1 to Agreement No. 03-260, Transportation Impact Fee Agreement with Castle & Cooke California, inc., for tracts located on Buena Vista Road and Allen Road increasing Impact Fee Credit by $231,319.00 for a total credit of $559,405.00. Bids: bb. Accept bid from Three Way Chevrolet ($34,490.97) for one replacement utility vehicle for the Fire Department. CC. Accept bid to award annual contract to Jim Alfter Cement Contractor, not to exceed the budgeted amount of $800,000.00 for concrete work within the City. dd. Accept bid to award annual contract to Kern Turf Supply, Inc., not to exceed budgeted amount of $65,000.00 for irrigation parts and supplies for Parks Department. ee. ThinkCentre PC's and Monitors (375): Accept bid from Insight Public Sector ($201,040.00) for 150 replacement computers and monitors. Authorize purchase of 225 replacement computers and monitors ($301,560.75) from Insight Public Sector if funds are approved in FY 2004-2005 Budget. ACTION TAKEN AGR 02-354(2) A GR 02-258(2) REMOVED FOR SEPARATE CONSIDERATION AGR 03-260(I) REMOVED FOR SEPARATE CONSIDERATION AGR 04-136 Bakersfield, California May 26, 2004 - Page 9 CONSENT CALENDAR continued Miscellaneous: ff. Assistance League of Bakersfield: Appropriate $1,050.00 US Environmental Protection Agency, Brownfield Revolving Loan Program Funds to the Old Town Kern Operating Budget to address environmental cleanup issues associated with a commercial building located at 1924 Q Street. Appropriate $10,000.00 Old Town Kern Project Area Operating Fund Balance to the Economic and Community Development Operating Budget for escrow closing costs and final environmental testing for 1924 Q Street. gg. Appropriate $170,000.00 Sewer Enterprise Fund balance to the Public Works Department's operating budget for unanticipated operational expenses. hh. Appropriate $176,500.00 from Office of Emergency Services Revenue to the General Fund Fire Department Operating Budget to reimburse expenditures. ii. Authorization for City Manager to submit a Community Voice Opinion regarding Governor Schwarzenegger's budget proposal. Motion by Vice Mayor Couch to adopt Consent Calendar items 4.ao through 4.ii., with the removal of items 4.c., 4. q., 4. u., 4.z., 4. cc., 4.ff. and 4.ii for separate consideration. First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 102-23) fo Title 17 of the Municipal Code by changing the zoning from a Planned Commercial Development (PCD) zone to a Revised Planned Commemial Development (PCD) zone to allow a Recreational Vehicle Park with 227 spaces and related uses on 16.32 acres located on the southwest corner of Pacheco and Wible Roads. (ZC 04-0220) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION APPROVED FR Bakersfield, California May 26, 2004 - Page 10 CONSENT CALENDAR continued q. Sale of Real Property: Resolution declaring real property located north of 8400 Stockdale Highway surplus to the needs of the City. Agreement with Bakersfield University Partners, a California limited partnership to purchase property located north of 8400 Stockdale Highway for $200,000.00. Motion by Vice-Mayor Couch to adopt the Resolution and approve the Agreement. Agreement with Berkshire Properties, Inc. to purchase real property at the southeast corner of 24th and Oak Streets for $2,220,000.00 for a future interchange realignment and drainage. Motion by Councilmember Benham to approve the Agreement. Amendment No. 2 to Agreement No. 01-166 with Delta Micro Imaging for Development Services Department document file conversion to Laser Fiche or Micro Fiche formats. Motion by Councilmember Hanson to approve the Amendment. CC. Accept bid to award annual contract to Jim Alfter Cement Contractor, not to exceed the budgeted amount of $800,000.00 for concrete work within the City. Motion by Councilmember Hanson to award the Contract. ff. Assistance League of Bakersfield: Appropriate $1,050.00 US Environmental Protection Agency, Brownfield Revolving Loan Program Funds to the Old Town Kern Operating Budget to address environmental cleanup issues associated with a commercial building located at 1924 Q Street. ACTION TAKEN RES f95-04 AGR 04-f23 DEED 6084 APPROVED AGR 04-131 DEED 6085 APPROVED AGR 01-166(2) APPROVED AGR 04-135 APPROVED Bakersfield, California May 26, 2004 - Page 11 CONSENT CALENDAR continued Item 4.ff. continued Appropriate $10,000.00 Old Town Kern Project Area Operating Fund Balance to the Economic and Community Development Operating Budget for escrow closing costs and final environmental testing for 1924 Q Street. Motion by Vice-Mayor Couch to appropriate funds. ii. Authorization for City Manager to submit a Community Voice Opinion regarding Governor Schwarzenegger's budget proposal. Vice-Mayor Couch requested the City Manager's assistance in obtaining an exception from the Bakersfield Californian regarding the policy of none publication of submissions with multiple authors to the Community Voice Opinion; additionally he requested all Councilmembers make a point to sign the Community Voice Opinion submission. Motion by Vice-Mayor Couch to authorize the submission. CONSENT CALENDAR HEARINGS Public Hearing to consider an increase in the monthly readiness to serve charge and quantity rate for the City Domestic Water system. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Domestic Water System. City Clerk McCarthy announced correspondence had been received from one citizen opposing the increase in water rates. ACTION TAKEN APPROVED APPROVED Hearing opened at 6:19 p.m. Motion by Vice-Mayor Couch to continue the hearing to the June 23, 2004 Council meeting. CLOSED SESSION a. Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator. APPROVED Bakersfield, California May 26, 2004 - Page 12 6. CLOSED SESSION continued Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. 1) Melanie Billings v City, et al and, 2) Goland and Roy v Wright, City, et al. Motion by Vice-Mayor Couch to recess to Closed Session at 6:20 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 7:02 p.m. RECONVENED MEETING - 7:10 p.m. 7. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Hanson, Sullivan, Salvaggio Absent: Benham 8. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church. PLEDGE OF ALLEGIANCE by Andrew Hudson, 5t~ Grade Student at Olive Drive Elementary School. 10. CLOSED SESSION ACTION ACTION TAKEN APPROVED APPROVED NO Closed Session pursuant to Government Code Section REPORTABLE 54957.6; Conference with Labor Negotiator. ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. 1) Melanie Billings v City, et al and, 2) Goland and Roy v Wright, City, et al. 11. PRESENTATIONS Presentation by Debra Smith, Director, Emerging Markets and Public Programs, for HealthNet, of a HealthNet grant in the amount of $25,000.00 for the MLK Afterschool Program. Interim Recreation and Parks Director Christensen introduced Debra Smith. NO REPORTABLE ACTION Debra Smith made comments. 12. 13. 14. Bakersfield, California May 26, 2004 - Page 13 PUBLIC STATEMENTS None. HEARINGS a. Public Hearing to consider Resolution making application to LAFCO to amend the City's Sphere of Influence and approval and adoption of a Negative Declaration. City Clerk McCarthy announced correspondence was received from Jeremy T. Tobias, City of Shafter, in opposition to staff's recommendation. Staff comments by Development Services Director Hardisty. Hearing opened at 7:33 p.m. Lorraine Unger, representing the Sierra Club, spoke in opposition to the staff recommendation. Hearing closed at 7:37 p.m. Motion by Vice Mayor. Couch to adopt the Resolution, approved the Negative Declaration and direct staff to make application to I_AFCO to expand the sphere of influence. Councilmember Maggard requested staff develop a strategy and report to Council, regarding development of joint boundaries with Shafter, how to interface commercial areas, and how to coordinate Route 15 funding. Councilmember Benham returned. DEFERRED BUSINESS a. Correction of construction financing timeline detail for Agreement No. 04-002(1) with D.W. Sivers Company to sell real property. City Clerk McCarthy announced a correction to page 2 of the submitted material, to include the following language, "with no free standing fast food pads." City Manager Tandy made staff comments. Motion by Councilmember Carson to approved the correction with the amended wording included. ACTION TAKEN APPROVED AB BENHAM AGR 04-002('1) APPROVED 15. Bakersfield, California May 26, 2004 - Page 14 MAYOR AND COUNCIL STATEMENTS Councilmember Carson requested an update regarding cell phone bill boards. Assistant City Manager Stinson responded. Councilmember Salvaggio requested staff remove graffiti on masonry walls on the west side, near Ming Ave. of South H Street. Councilmember Salvaggio commended Jack Turman for purchasing an anti-graffiti unit. Councilmember Salvaggio congratulated Bill Rector on his promotion to Police Chief. Councilmember Salvaggio requested staff repair the end of a cement median on White Ln. just west of Wible Rd. Councilmember Salvaggio requested staff contact a citizen regarding purported drug dealing in an apartment complex on Castleford and supplied contact information. Councilmember Salvaggio requested staff investigate crowing roosters on Laurel Drive and determine acceptability according to the Municipal Code. Councilmember Benham requested graffiti abatement on Union Ave. between Hwy. 178 and Columbus Ave. Councilmember Benham requested staff replace a citizen's Toter which has been defaced by graffiti and provided contact information. Councilmember Benham requested the City Attorney explore obtaining grants for the purpose of community prosecutions for graffiti and property crimes. Councilmember Hanson recognized Sing Lum sixth grade student Eliza Esprito, who placed first in the Junior Division of the State Science Fair. Councilmember Hanson requested staff check for dead trees in Campus Park. Councilmember Hanson requested staff investigate a citizen in Haggin Oaks rasing dogs in violation of the Municipal Code. ACTION TAKEN 15. Bakersfield, California May 26, 2004 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Councilmember Hanson requested an update regarding non- profit license fees. Councilmember Hanson thanked Cheryl Perkins for assistance in contacting Mr. Scales. Councilmember Sullivan congratulated Bill Rector on his selection as the next Chief of Police. Councilmember Sullivan requested Assistant Chief Rector contact her regarding efforts to develop new anti-graffiti measures/programs. Councilmember Sullivan requested staff fill a pothole on the west side of Ashe Rd. in the right hand lane near White Ln. Councilmember Sullivan requested staff fill potholes in the alley behind Reader Ave. Councilmember Sullivan requested community help in the effort to eliminate County islands. Councilmember Maggard requested information regarding the referral process. City Manager Tandy responded. Councilmember Maggard requested information regarding maintenance ofjunction boxes and mailboxes, which have been defaced with graffiti. Councilmember Maggard requested staff contact GET regarding maintaining and upgrading roadway conditions in bus stop areas and report back to Council. Vice-Mayor Couch made comments regarding the natural gas vehicle which has been loaned to the City. Vice-Mayor Couch congratulated Bill Rector on his selection as the new Police Chief. Vice-Mayor Couch thanked Police Captain Lynn on his service to the City, Vice-Mayor Couch thank the City Attorney for the memo regarding maintenance of railroad crossings, requested staff prepare a Resolution implementing process and bring forward for Council approval. ACTION TAKEN 15. 16. Bakersfield, California May 26, 2004 - Page 16 MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Couch requested staff assure Eagle Scouts are recognized; additionally recognized Nathan Campbell on attaining Eagle Scout status. ADJOURNMENT Mayor Hall adjourned the meeting at 8:50 p.m. ACTION TAKEN MAYOR ofthe CityofBakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California