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HomeMy WebLinkAbout06/23/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS JUNE 23, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. WORKSHOP Representatives from Shell Oil Company will give a short presentation regarding the future plans of the Bakersfield Shell Oil Refinery. APPOINTMENTS There will be one appointment to the Keep Bakersfield Beautiful Committee by Mayor Hall, and one appointment to the Solid Waste Management Advisory Committee Local Task Force by Vice Mayor Couch. CONSENT CALENDAR Resolutions: Item 5e. Resolution reqardinq Use of Bioxide for Sewer Odor Control and Reduction of Sulfide Gas Levels in an amount not to exceed $325.000 AnnualIv. Some areas of southwest Bakersfield have been experiencing continuous sewer odor problems from the Buena Vista Trunk Line. These odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine. The City uses Bioxide as recommended by our consulting engineers to control the odors. Bioxide is a proprietary product, patented by U.S. Filters, and is therefore a sole-source product. Item 5f. Resolution Orderinq Chanqe of Proceedinqs to Reduce Assessments to $21895~000 for Parcels Located in Assessment District 03-1 (Briohton Place/Silver Creek II). Subsequent to the adoption of the resolution levying the assessments, the actual amount of bonds issued for the District was $185,000 less than estimated. This resolution authorizes an amended assessment lien be recorded. Item 5i. Sewer Connection Fee Assessments. During the past few months, more than 20 property owners have connected their properties to the City sewer system. Each has claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist them, the City has contracted with each property owner to spread the connection fee over a three-year period to be collected with their property taxes. Aqreements: Item 51. Aqreement with Habitat for Humanity for Construction of Affordable Sinale-Familv Homes in the amount of $100,000 in HOME CHDO Funds. Habitat is requesting $100,000 in HOME CHDO funds to be used for the acquisition of land, construction supervision and related construction soft costs in the construction of five single-family affordable homes. Habitat will initially have access to $50,000, and if they are successful in expending this amount within 18 months from the date of the agreement, they will have access to an additional $50,000. If any new homebuyer sells their home, the City's assistance will be due and payable, it will not be a forgivable loan. Item 5n. Aqreement with Shell Oil Company related to the Allen Road Sewer Proiect in the amount of $80.000. The City is extending an 18-inch diameter sewer line along Allen Road from Rosedale Highway to Noriega Road, which will cross a 10-inch diameter oil line in the vicinity of Hageman Road. This Agenda Highlights June 23, 2004 Page 2 agreement will authorize Shell Oil to relocate their existing oil line, which will allow the City's future contractor to install the new sewer line. Sufficient funds are budgeted to cover this agreement's costs. Per the agreement, the cost of the relocation is the actual itemized cost, which will be provided to the City upon completion of their work. An estimated cost list is attached to the administrative report. Item 5p. Amendment No. I to Aqreement No. 02-184 with Abate-A-Weed, Inc. Extendinq the Terms until July 22.2004 and Addin(~ $10.000 for Contract Use (for a revised not to exceed comoensation amount of $70.000~. This contract is used by the Water and Parks Departments to provide for the application of weed and rodent control chemicals on City-owned canal banks and reservoirs. The annual contract is currently out for bids; however, a time extension and additional funds are requested to continue the service until a new contract is awarded. Items 5q. and 5r. Amendments to Aqreements for Janitorial Supplies with San Joa(3uin Supply Corporation and P & R Paper SuDolv in an amount not to exceed $60,000 each. Both firms were awarded annual contracts in July of 2003. The current agreement allows for a 12-month extension, if the parties agree. The City and contractors wish to extend the contract with no increase in total compensation. Item 5s. Contract Chanae Order No. I to Aareement No. 03-240 with Bowman Asphalt for the Kern River Bike Path Improvements and Riparian Restoration Proiect from Stockdale Hiahwav to Manor Street in the amount of $73,209.03 (for a revised contract amount of $1,154,987.02~. Several contract item quantities had to be increased, decreased, or deleted during the course of this project. Further, other adjustments needed to be made for extra work, delay costs, City-furnished equipment, and equipment substitutions. This change order will be funded with State Proposition 12 and 13 funds. Item 5t. Contract Chanqe Order No. 5 to Aqreement No. 03-018 with S.C. Anderson Inc. for the Bakersfield Ice Center Project in the amount of $61,730.49 (for a revised contract amount of $5,607,300.12). The most notable item in this change order is the heat exchange system which was installed in order to use the heat generated from the chiller unit in the Ice Center to heat the water in the Aquatic Center's pools. As a result, energy savings will be realized for the Aquatic Center. Sufficient funds are budgeted to cover this contract change order. Bids: Item 5v. Award Annual Contracts to Ar(3o Chemical. Inc.. and Los Anqeles Chemical Co. for Chemicals for the City's Swimminq Pools in an amount not to exceed $109.000. Three acceptable bids were received. Staff recommends splitting the award to take advantage of the best prices. Item 5w. Award Contract to New Imaae Commercial FIoorina to Re-carpet the Bakersfield Convention Center in the amount of $141,269.67. In several locations, the carpet is torn and stretched. With this project, new carpet will be installed in the Concert Hall Lobby including the Main Staircase and Upper Lobby; the Orchestra Section and Terrace Section of the Concert Hall; and in these meeting rooms - Grape Room, Potato Room, Cotton Room, and Carrot Room. The project is funded with Capital Outlay Funds. Two acceptable bids were received. Staff recommends award to New Image Commercial Flooring. ~ Item 5v. Award Contract to Loop Electric for Construction of a Traffic Siqnal and Liahtina Installation on Brimhall Road at Windsonq Street in the amount of $87.741.75. The project consists of installing a traffic signal, lighting system, handicap ramp, pavement markings, and striping and signage. The project is funded entirely with Gas Tax Funds. Agenda Highligh~ June 23,2004 Page 3 CONSENT CALENDAR HEARINGS Items 6a. Public Hearinq to Consider Resolution Orderinq the Vacation of the South 126 feet of the 30- foot Wide Allev between Oak Street and Olive Street Extending3 from Palm Street to Dracena Street. The Safe-1 Credit Union owns property on both sides of the public alley at 400 Oak Street (Palm and Oak Streets) and are requesting vacation of the south 126 feet of the alley as part of their building expansion and site development plan. This request is a revision of a prior application for vacation of the entire length of the alley, which was denied because the proposal did not provide adequate access for City refuse collection. Public Works requires that the applicant provide for a 25-foot wide public access lane connecting the remainder portion of the alley to Olive Street. A public utility easement must also be reserved over the entire vacating area to protect utility facilities. The proposed vacation was heard by the Planning Commission at its meeting of May 6, 2004, and was found to be consistent with the 2010 General Plan. Items 6b. and 6c. Protest Hearinqs reQardin(3 Street and Park Landscapin(~ Assessments for the Consolidated Maintenance District. These protest hearings are required by a resolution adopted on June 9, 2004 which preliminarily adopted the budget for the District. The hearings will hear protests on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the landscaping assessment on any parcel of property to be assessed, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. The landscaping assessments were not increased for FY 2004-05. Item 6d. Protest Hearinq Reqardinq the Assessment for Nine Traffic Siqnal Maintenance Districts. These protest hearings are required by a resolution adopted on June 9, 2004 which preliminarily adopted the budget for the Districts. The hearings will hear protests on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. The assessment rates were not increased for FY 2004-05. Item 6e. Continued Public Hearinq to Consider an Increase in the Monthly Readiness-to-Serve Charc~e and Quantity Rate for the City of Bakersfield Water System. This hearing was continued from the Council meeting of May 26, 2004. To date, the City Clerk has received only one protest letter. CLOSED SESSION There will be a conference with legal counsel regarding potential litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m. HEARINGS Item 14a. Protest Hearinq Proposinq to Add Territory (Baker Street II) to the Consolidated Maintenance District. The City is proposing to install street landscaping in an area generally bounded by Sumner Street on the north, King Street on the east, Truxtun Avenue on the south and Kern Street on the west. This hearing is to hear protests to adding Baker Street II to the Consolidated Maintenance District. As of May 3, 2004, six ballots have been returned, all in favor of adding this area to the Consolidated Maintenance District. Agenda Highlights June 23, 2004 Page 4 DEFERRED BUSINESS Item 15a. Fiscal Year 2004-05 Budqet. Staff recommends that Council approve resolutions adopting the Fiscal Year 2004-05 City of Bakersfield and Bakersfield Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets inclusive of adjustments proposed during the budget workshops, as well as technical changes arising from new information. The total Budget is $314,034,819 with the Operating Budget totaling $259,305,156, the Capital Improvement Program Budget totaling $46,950,100, the BRDA Operating $7,779,563. Also included in this item is the resolution adopting the Fiscal Year 2004-05 Appropriations Limit of $189,173,478. NEW BUSINESS Item 16a. Resolution Callina for November 2. 2004 Election. This resolution calls for a General Municipal Election for the seats in Wards 2, 5 and 6. Additionally, a letter of "Intent to Vacate Council Sear' was received from Councilmember Salvaggio, who intends to resign at the time the elected Councilmembers are sworn in. Therefore, this resolution also calls for the election to fill the unexpired terms for the seat in Ward 7. Approved: John W. Stinson, Assistant City Manager cc: Department Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL AGENDA JUNE 23, 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 (10 min) 2. WORKSHOP Presentation by representatives from Shell Oil Company regarding the Bakersfield Shell Oil Refinery. 3. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee, term to expire January, 2009. Staff recommends Council determination. b. Appointment to Solid Waste Management Local Task Force by Vice-Mayor Couch. Staff recommends Council determination. 4. PUBLIC STATEMENTS 5. CONSENT CALENDAR Minutes: a. Approval of minutes of the meetings of June 7, 2004 and June 9, 2004. Payments: Approval of department payments from May 28, 2004 to June 10, 2004 in the amount of $8,111,249.55 and self insurance payments from May 28, 2004 to June 10, 2004 in the amount of $498,075.77. Ordinances: Adoption of Ordinance amending Section 10.40.010 of the Municipal Code relating to the removal of vehicles. Adoption of Ordinance requiring automatic gate opening devices on access roads requiring emergency services. Resolutions: Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $325,000.00 annually. (Wards 4,5,6) f. Resolution ordering change of proceedings to reduce assessments to $2,895,000.00 for parcels located in Assessment District 03-1 (Brighton Place/Silver Creek II). (Ward 4) (Wards 4,7 (Wards 4,6 (Ward 1) (Ward 4) (Ward 4) (Ward 4) CONSENT CALENDAR continued Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 465 located generally west of Calloway Drive, north of Snow Road. h. Changes to Salary Schedule and New Specifications: Amendment No. 13 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 Animal Control Supervisor. 2. New Job Specification for Animal Control Supervisor. i. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreements with property owners to pay sewer connection fee in installments and notice of special assessment lien. Agreements: j. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with McKee Road Partners, Inc., for Tract 6178 Phase 2 located north of McKee Road and west of Akers Road. Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 7 located south of Snow Road and west of Calloway Drive. Ground Lease Agreement with Robert J. Bohn and Katherine Bohn Trust for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. Agreement between Habitat for Humanity, Golden Empire and the City for the construction of affordable single-family homes in the amount of $100,000.00 in HOME CHDO Funds. Agreement with Calloway Associates for reimbursement and first right of refusal for property along Calloway Drive and Olive Drive. Agreement with Shell Oil Company for $80,000.00 to allow the City to construct the Allen Road Sewer Project where it crosses the Shell Oil line near Allen Road and Hageman Road. Agreement with Southern California Gas Company for relocation of gas line at intersection of Calloway Drive and Olive Drive. Amendment No. 1 to Agreement No. 02-184 with Abate-A-Weed, Inc. extending the term until July 22, 2004 and adding $10,000.00 additional funds for contract use (for a revised not to exceed compensation amount of $70,000.00). Amendment No. I to Agreement No. 03-241 with San Joaquin Supply Corporation to extend agreement for twelve (12) months (no increase in total compensation of not to exceed $60,000.00) for janitorial supplies. 2 (Wards 2,3,4) (Ward 2) (Ward 2) (Ward 4) (Ward 5) (Wards 2,4) CONSENT CALENDAR continued Amendment No. I to Agreement No. 03-242 with P & R Paper Supply to extend agreement for twelve (12) months (no increase in total compensation of not to exceed $60,000.00) for janitorial supplies. Contract Change Order No. 1 to Agreement No. 03-240 with Bowman Asphalt ($73,209.02, for a revised contract amount of $1,154,987.02) for the Kern River Bike Path Improvements and Riparian Restoration Project from Stockdale Highway to Manor Street. Contract Change Order No. 5 to Agreement No. 03-018 with S.C. Anderson Inc. ($61,730.49, for a revised contract amount of $5,607,300.12) for the Bakersfield Ice Center Project. Bids: Accept bid to award annual contract to Battery Systems, Inc. (not to exceed budgeted amount of $60,000.00) to furnish automotive batteries. Accept bids to award annual contracts to Argo Chemical, Inc., and Los Angeles Chemical Co., not to exceed $109,000.00, for chemicals for the City's swimming pools. Accept bid to award contract to New Image Commercial Flooring ($141,269.67) for re-carpet of Bakersfield Convention Center. x. Reject all bids for restoration of concrete decks at the Police Department building. y. Traffic signal and lighting installation on Brimhall Road at Windsong Street: 1. Accept bid to award contract to Loop Electric for $87,741.75 for project. Appropriate $90,000.00 Gas Tax Fund Balance to the Capital Improvement Budget for the construction phase of the project. Miscellaneous: Dedication of Property: Two minimal width strips of road right-of-way on the west side of Old River Road between Campus Park Drive and Pacheco Road. Quitclaim Deed from the City to GMAC Model Home Finance, Inc., quitclaiming two obsolete portions of road right-of-way (right turn lanes) in exchange for right-of-way for an adopted right turn lane in the same general direction. aa. Appropriate funds to the Capital Improvement Budget for previously approved property acquisitions: Appropriate $801,000.00 Sewer Enterprise Fund balance and $1,424,000.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at 24th and Oak Streets for a future interchange and drainage facilities. Appropriate $521,080.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at the southeast corner of Johnson Road and Manon Drive for the Westside Parkway. Staff recommends adoption of Consent Calendar items a through aa. (Ward 2) (Wards 1,3,4,5) (Wards 4,5,6,7) CONSENT CALENDAR HEARINGS a. Public Hearing to consider resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. (Staff recommends adoption of resolution.) b. Protest hearing as required by Resolution of intention No. 1333 regarding the street landscaping assessments for the Consolidated Maintenance District. (Staff recommends overriding protests and adoption of resolution.) 1. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. c. Protest hearing as required by Resolution of Intention No. 1334 regarding the park landscaping assessments for the Consolidated Maintenance District. (Staff recommends overriding protests and adoption of resolution.) 1. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. d. Protest hearing as required by Resolution of Intention No. 1335 regarding the assessment for nine (9) Traffic Signal Maintenance Districts. (Staff recommends overriding protests and adoption of resolution.) 1. Resolution approving and adopting the Public Works Director's report for nine (9) Traffic Signal Maintenance Districts and the 2004-2005 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. e. Continued public hearing to consider an increase in the monthly readiness-to-serve charge and quantity rate for the City of Bakersfield Water System. (Staff recommends adoption of resolution.) 1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. Staff recommends adoption of Consent Calendar Hearing items a through e. 7. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. RECONVENED MEETING - 7:00 p.m. 9. 10. 11. ROLL CALL INVOCATION by Pastor Bob Johnson, Christ's Church of the Valley. PLEDGE OF ALLEGIANCE by Lena Clair Wilson, 1st Grade Student at Stockdale Elementary School. CLOSED SESSION ACTION 4 12. 13. 14. (Ward 2) 15. 16. 17. 18. PRESENTATIONS a. Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Joe Moesta, Jr. PUBLIC STATEMENTS HEARINGS - Council may hear Consent hearing items listed but not heard at 5:15 pm portion of meeting a. Protest hearing as required by Resolution of Intention No. 1327 proposing to add territory, Area 4-29 (Baker Street II) to the Consolidated Maintenance District. 1. Resolution adding territory, Area 4-29 (Baker Street II), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Staff recommends overriding protests and adopting the resolution. DEFERRED BUSINESS a. Fiscal Year 2004-05 Budget: 1. Resolution approving and adopting the Operating and Capital Improvement Budget as amended. 2. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency as amended. 3. Resolution establishing the appropriations limit. Staff recommends adoption of the resolutions. NEW BUSINESS a. Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 2, 5, & 6, a Special Election to elect a Councilmember for Ward 7 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 2, 2004. Staff recommends adoption of the resolution. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 6/17/04 11:25 am ADMINISTI: 4TIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: WORKSHOP ITEM: o~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall June 11, 2004 ~;;~VED DEPARTMENT HEAD.~ ATTORNEY CITY MANAGER Presentation by representatives from Shell Oil Company regarding the Bakersfield Shell Oil Refinery. RECOMMENDATION: BACKGROUND: ndw June 11, 2004, 4:13PM S:\MAYOR~ADMIN\SHELL OIL REFINERY.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Appointments ITEM: ~. 0,.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk June 11, 2004 ,,~ APPROVED DEPARTMENT H E A~./"~"~ CITY ATrORNEY ~ cl'rY MANAGER ~ One appointment to the Keep Bakersfield Beautiful Committee, term to expire January, 2009. (Mayor) RECOMMENDATION: Staff recommends Council determination. BACKGROUND: On April 28, 2004, the City Council adopted Ordinance No. 4185 amending the Municipal Code and increasing the seven member Keep Bakersfield Beautiful Committee to eight members. This amendment authorized the Mayor to nominate a resident of the City to serve on the KBBC. Applications have been received from the following individual: · Patrick Douglas Frase · Sheryl Lynn Graab · Ron Yale Langworth · Merry Hyde McCalley · Dorothea Susan Mosby The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee, now comprised of eight appointed members, takes on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or her nominating Mayor/Councilmember, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. June 11, 2004, 9:22AM S:\Bds&Comm\KBBC~Admin June 2004.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 IAGENDA SECTION: Appointments ITEM: ,~,-,~. b. TO: Honorable Mayor and City Cou~il, APPROVED FROM: Pamela A. McCarthy, City Clerk J'~t DEPARTMENT HEAD (~_ DATE: June 14, 2004 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Appointment to the Solid Waste Management Local Task Force by Vice-Mayor Couch. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: In accordance with Section 2.02.020 of the Municipal Code, the appointments to Council Committees and other special Boards are made by the Vice-Mayor with confirmation by the Council. The Vice-Mayor has requested this issue be placed on the agenda for a change in the appointment to this Committee. The Solid Waste Management Advisory Committee/Local Task Force is composed of nine (9) members and three (3) alternate members. Members are representatives from the disposal and recycling industries, the public at large, Kern County, the Kern Association of Cities, and the City of Bakersfield. Currently, Councilmember Maggard is the City's representative and Councilmember Hanson is the Alternate member. No terms are specified. The Committee, as the Local Task Force, exercises its authority pursuant to State law (Public Resources Code 40950) to ensure safe management of all solid waste; coordinates a cost-effective regional recycling system; coordinates the development of city source reduction and recycling elements; and makes adequate provision for solid waste handling. Meetings of are held on a quarterly basis. June 15, 2004, 1:50PM S ' · ,Bds&Comm\Sol d Was e Mgmt Advls~Adm n June 04.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City C~u,ncil Pamela McCarthy, City Clerk June 11, 2004 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAGER SUBJECT: Approval of minutes of the June 7 and June 9, 2004 Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~.1o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD June 10, 2004 CITY ATTO R~YL.~/~ CITY MANAGER Approval of department payments from May 28, 2004 to June 10, 2004 in the amount of $8,111,249.55 and self insurance payments from May 28, 2004 to June 10, 2004 in the amount of $498,075.77 RECOMMENDATION: Staff recommends approval of payments totaling $8,609,325.32 BACKGROUND: k19 June 10, 2004, 11:27AM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. O... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 10, 2004 APPROVED DEPARTMENT HEAD ¢ , CITY ATTORNEY.~-~O~ CITY MANAGER, ~ An Ordinance amending Section 10.40.010 ofthe Bakersfield MunicipalCoderelatingto removalofvehicles. RECOMMENDATION: Staff recommends adoption 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 recommended first reading. This Ordinance received first reading at the City Council meeting on June 9, 2004. AMS:Isc June t0, 2004, 2:13PM S :\COU NCIL~Admins\VehicleRemoval 10.40.010.2nddot. dot ADMINISTRATIVE REPORT t MEETING DATE: June 9,2004 AGENDA SECTION: Consent calendar TEM: 5. CL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief June 14, 2004 DEPARTMENT HEAD ~'~ CITY ATTORNEY /~---/~ CITY MANAGER , ~ Adoption of ordinance requiring automatic gate opening devices on access roads requiring emergency services. RECOMMENDATION: Staff recommends adoption 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 communifies. 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:/SUSANLAdmin Repod Word\Ralph gates.doc 6/14/2004 4:59 PM ADMINISTRATIVE REPORT I MEETING DATE: June 23, 2004 I AGENDA SECTION: Consent Calendar ITEM: ~. ¢_. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 4, 2004 .~OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $325,000 annuarly. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Some areas of southwest Bakersfield have been experiencing continuous sewer odor problems from the Buena Vista Trunk Line which is becoming a nuisance to residents and businesses. Nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine. The City has already received a warning to alleviate the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine. The Public Works Engineering Department contracted with CaroJlo Engineers to establish an odor alleviation program, which recommends the continuous injection of Bioxide. Bioxide is a proprietary product, patented by U.S. Filters, and is therefore a sole-source product. The Finance Director has determined that Bioxide can only be reasonably obtained from one vendor, U.S. Filters, because of patent restrictions and the need to continually inject the product to control odors in the Buena Vista sewer line. PW_Streets:LAP-mt -. 6/4/2004 12:17:17 PM G:\GROUPDAT~DMIN RPT~2004\06-23~Bioxide_Admin.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. ~c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 10, 2004 APPROVED DEPA.TMENT.E^O CITY MANAGER Resolution ordering change of proceedings to reduce assessments to $2,895,000.00 for parcels located in City of Bakersfield Assessment District 03-1(Brighton Place/Silver Creek Il). (Ward 4, 5 & 6) RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On September 24, 2003, Council approved the Resolution 178-03 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield Assessment District 03-1 (Brighton Place/Silver Creek II). The Bond issue amount was estimated to be $3,080,000. Subsequent to the adoption of Resolution 178-03, the actual amount of bonds issued for the district was $2,895,000 ($185,000 less than originally estimated). This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The amended levy amounts are lower than the original levy amounts and they more accurately reflect the actual amount of unpaid principal bonds outstanding. June 14, 2004, 11:16AM S:\KimG\Forms & Lables~Admin~AssmtDist03-1.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent ITEM: _-.fi. 9' TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning June 10, 2004 /,~_ )_PPBOVE D DEPARTMENT HE~/' ~ CITY A'I-FORNEY~/~'~ CITY MANAGER ~ SUBJECT: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Ann~.×ation NO. 465 located generally west of Calloway Drive, north of Snow Road. (Hard 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 465 to the City of Bakersfield. The proposed annexation consists of 80 acres of uninhabited land located generally west of Calloway Drive, north of Snow Road. The property owner has consented to annexation. The owner wants to receive city services. MO p:adm in\june\6-23-465 ADMINISTRATIVE REPORT I MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar TEM: .~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager June 16, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORN EY~_~ ~/-~-~ CITY MANAGER ~ Changes to Salary Schedule and New Job Specification 1. Amendment No. 13 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 Animal Control Supervisor 2. New Job Specification: Animal Control Supervisor RECOMMENDATION: Staff recommends adoption of the resolution and approval of the new job specification. BACKGROUND: On June 9, 2004 the City and County reached an agreement to consolidate animal control services. Therefore, the City has permanently taken over providing animal control services and a supervisor position is necessary for planning and supervising the work of animal control services staff. The salary range established for this position is consistent with other supervisor positions throughout the city with similar minimum qualifications. The new job specification was presented and approved by the Police Civil Service Board at their December 3, 2003 meeting. June 16, 2004, 9:14AM S:~ADMrNRP'r~AnimaI Control Supervisor. dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~0. [. TO: Honorable Mayor and City Council ~P,,~ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 15, 2004 CITY A'I-rORNEY.. CITY MANAGER SUBJECT: Sewer Connection Fee Assessments (Wards 7 and 4): 1. Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreements with property owners to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution approval of agreements. BACKGROUND: During the past few months, more than twenty property owners have connected their properties to the City sewer system. Each has claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with each property owner to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. All the agreements are on file in the City Clerk's office. One blank copy of the agreement is attached herewith for reference. PROPERTY LOCATION Ward 4/Councilmember Couch 1. 11500 Jenlee Avenue ASSESSMENT $2,400 Ward 7/Councilmember Salva~qio 1. 2501 Clara Court 2. 5101 Debby Street 3. 5105 Debby Street 4. 5109 Debby Street 5. 5209 Debby Street 6. 4917 Elysium Street 7. 5104 Elysium Street $2,400 $2,4OO $2,4OO $2,400 $2,400 $2,4OO $2,400 dc June 16, 2004, 8:31AM G:\G ROU PDAT~A D MIN R PT~2.004\06-23~Agr- Resol_04,doc ADMINISTRATIVE REPORT PROPERTY LOCATION 8. 5204 Elysium Street 9. 5208 Elysium Street 10. 5209 Elysium Street 11. 5112 Elysium Street 12. 1812 Faxon Avenue 13. 1824 Faxon Avenue 14. 5617 Gwendolyn Street 15. 4912 Pandora Place 16. 4916 Penelope Place 17. 4920 Penelope Place 18. 4925 Penelope Place 19. 7654 Stine Road 20. 1805 Wade Avenue 21. 1821 Wade Avenue 22. 1909 Wade Avenue ASSESSMENT $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $2,4O0 $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 dc June 16, 2004, 8:31AM G:\G ROU PDA'~ADMIN R PT~2004~36-23~Agr-Resol_04.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 8, 2004 APPROVED DEPARTMENT HEAD //~ CITY ATTORNEY CITY MANAGER Tract Maps and Improvement Agreements Final Map and Improvement Agreements with McKee Road Partners, Inc., for Tract 6178 Phase 2 located north of McKee Road and west of Akers Road. (Ward 6) Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 7 located south of Snow Road and west of Calloway Drive. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE td FOR REVfEW. June 8, 2004, 8:50AM G:/GROUPOAT~ADMINRPT\2004\06-23/MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT I MEETING DATE: June 23, 2004 AG~ SECTION: Consent Calendar J ITEM: ~. I/.., TO: Honorable Mayor and City Council A__~_PPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD _ DATE: June 10, 2004 SUBJECT: CITY ATI'ORNEY ... ~7~).-~-~ CITY MANAGER ~ Ground Lease Agreement with Robert J. Bohn and Katherine Bohn Trust for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. 0Nard 1) RECOMMENDATION: Staff recommends approval of Agreement. 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 sixteen 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. G:\GROUPDAT~DMINRPT~2004\06.23~ohn Ground Lease doc ADMINISTRATIVE REPORT f MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. [. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director June 10, 2004 .APPROVED DEPARTMENT HEAD ~ CITY ATTORN EY~,...~~ CITY MANAGER ~ Agreement between Habitat for Humanity, Golden Empire and the City of Bakersfield for the construction of affordable single-family homes in the amount of $100,000 in HOME CHDO Funds. (WARDS All) RECOMMENDATION: Staff recommends approval. BACKGROUND: Habitat for Humanity, Golden Empire (Habitat) is a qualified Community Housing Development Organization (CHDO) and is requesting $100,000 in HOME CHDO funds to aid in the construction of single-family affordable homes. As a CHDO, Habitat has access to the 15% CHDO set-aside from the HOME program funding. In addition, as a CHDO, Habitat is eligible for technical assistance and other assistance to cover customary and reasonable construction project costs for HOME eligible projects. The City ultimately determines the type of assistance to be provided to the CHDO. Habitat is requesting $100,000 in HOME CHDO funds to be used for the acquisition of land, construction supervision and related construction soft costs in the construction of the single-family affordable homes. Specifically, the funds would be used to assist with acquisition costs, paying for such construction costs as school fees, building permits, appraisal fees and for construction supervision. Habitat will initially have access to $50,000 and if they are successful in expending this amount within 18 months from the date of the agreement, they will have access to an additional $50,000. Habitat has been constructing single-family affordable homes since 1991. Habitat is continually striving to increase their construction of new affordable homes. With their current request, Habitat plans to construct five single-family homes. The newly constructed homes will be sold to families whose income is between 30% and 50% of the area's median income. The selected Habitat family and volunteers provide the needed sweat equity labor to construct the homes. If the new homebuyer sells their home, the City's assistance will be due and payable. It will not be a forgivable loan. S vAdmms C~ y Councrl\Hab tat.doc 10:32 AM ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: 3. r~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 7, 2004 APPROVED DEPARTMENT HEAD ,~,.~' ~ CITY ATTO R N E y ~..,,~'Z~'~~-- CITY MANAGER _,~,~ Agreement with Calloway Associates for reimbursement and First Right of Refusal for prope~y along CaJloway Drive and Olive Drive. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Last year, the City completed construction of the Calloway Drive at Olive Drive box culvert project. This major project realigned the Friant-Kern Canal and allowed Olive Drive to be extended westerly to serve a growing development area. As part of the project, the City will acquire a remnant piece of property from the Bureau of Reclamation, located at the southwest corner of Calloway Drive and Olive Drive. Calloway Associates owns property adjacent to this remnant piece along Calloway Drive south of Olive Drive. The City had to work with Calloway Associates to acquire a small sliver of land for the large construction project and constructed street frontage improvements along Calloway Drive to facilitate a fully developed road section. For their part in assisting the City with the necessary right-of-way, the City has agreed in principle to allow Calloway Associates to be given a "first right of refusal" to purchase the remnant piece of land at appraised value. This agreement sets forth the condition of that ''first right of refusal" as well as reimbursement along Calloway Associates' frontage for the work the City performed. PW_JRL:mrp June 7, 2004, 11 G \GROUPDAT~ADMiNRPT~2004/06-23\CalIoway_Reimb Agr doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, I'~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 9, 2004 APPROVED DEPARTMENT HEAD ~.~: CITY ATTORNEY~__...~ CITY MANAGER ~ Agreement with Shell Oil Company for $80,000 to allow the City to construct the Allen Road Sewer Project where it crosses the Shell Oil line near Alien Road and Hageman Road (Ward 4). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City is extending an 18 inch diameter sewer line along Alien Road from Rosedale Highway to Noriega Road. This sewer line extension will cross a ten inch (10") diameter oil line in the vicinity of Hageman Road. This agreement will authorize Shell Oil to relocate their existing oil line, which will allow the City's future contractor to install the new sewer line per the required design. Sufficient funds are budgeted to cover this agreement's costs. Per the agreement, the cost of the relocation is the actual itemized cost. That itemized cost will be provided to the City upon completion of their work. REB - Design Engineering, Public Works June 9, 2004, 10:32AM G:\GROUPDA'F~ADMfNRPT~2004\06-23\SheiI Oil Relocation Agr.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council __~PROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,.'~ ~_.~ : June 15, 2004 CITY A'i-I'ORNEY~/ ~~ CITY MANAGER //~ ~/ Agreement with Southern California Gas Company for relocation of gas line at intersection of Calloway Drive and Olive Drive. (~Nard 4) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Construction of the large box culvert at the intersection of Calloway Drive and Olive Drive required a 24" gas main be relocated. Due to the nature of improvements, the gas line had to be relocated in two different phases; the first of which was completed in the public right of way at the expense of Southern California Gas Company. The second phase must now be completed which includes undergrounding the portion that currently bridges the old canal alignment. At the August 27, 2003, Council Meeting, an appropriation of $360,000 was approved, which included a $160,000 deposit with Southern California Gas Company which was to be used for design of the project and to pay for materials. The design work was completed earlier this year with two options. One with developer participation and the second with the City relocating only that portion of the gas line needed to widen Olive Drive, west of Calloway Road. The developer opted out of the relocation due to cost. This Collectible Work Authorization and payment of $290,100 will allow Southern California Gas Company to complete the relocation of the 24" pipeline during the summer which corresponds with Iow usage. It is recommended that City Council approve the Agreement so the balance of the relocation cost can be paid to Southern California Gas to initiate construction. JRL/dns June 15, 2004, I0:16AM G:\G ROUPDAT'~ADMINRPT~2.004t06-23\SoCaJGas Calloway_Olive.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar 'TEM: ,5. p. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 14, 2004 APPflOVED DEPARTMENT HEAD ~'///~ j SUBJECT: Amendment No. 1 to Agreement No. 02-184 with Abate-A-Weed, Incorporated, Extend agreement until July 22, 2004 Add $10,000.00 additional funds for contract use, for a revised not to exceed compensation amount of $70,000.00 RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: This contract is used by the Water and Parks departments to provide for the application of weed and rodent control chemicals on City owned canal banks and reservoirs. The annual contract is currently out for bids, however, a time extension and additional funds are requested to continue the service until a new contract is awarded. Purchasing Division DW:ljm P:~ADMIN~2004 ADMIN\C04_0623_F_Amendment 1 _To Agreement 02-184 Extension&Funds Abate-A-Weed.doc June 15, 2004, 2:48PM ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 IAGENDA SECTION: Consent Calendar ITEM: ~. ~,~ TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 10, 2004 APPROVED DEPARTMENTHEAD .~,//~ CITY MANAGER ~ SUBJECT: Amendment No. I to Agreement No. 03-241 with San Joaquin Supply Corporation to extend agreement for twelve (12) months (no increase in total compensation of not to exceed $60,000.00) for janitorial supplies. RECOMMENDATION: Staff recommends extension of contract. BACKGROUND: On July 30, 2003, Council awarded an annual contract for janitorial supplies to San Joaquin Supply Corporation, to provide janitorial supplies to 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. General Services division of Public Works has advised that San Joaquin Supply Corporation has provided excellent service. Purchasing Division DW:ljm P:'~ADMIN~2004 ADMIN\C04_0623_C_Amendment 1_To Agreement 03-241 Extension San Joaquin Supply.doc June 10, 2004, 9:24AM ADMINISTRATIVE REPORT IMEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 10, 2004 AEPROVED DEPARTMENT HEAD>~~ CITY ATTO RI~Y~::~''~'- CITY MANAGER SUBJECT: Amendment No. I to Agreement No. 03-242 with P & R Paper Supply to extend agreement for twelve (12) months (no increase in total compensation of not to exceed $60,000.00) for janitorial supplies. RECOMMENDATION: Staff recommends extension of contract. BACKGROUND: On July 30, 2003, Council awarded an annual contract for janitorial supplies to P & R Paper Supply, to provide janitorial supplies to 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. General Services division of Public Works has advised that P & R Paper Supply has provided excellent service. Purchasing Division DW:ljm P:\ADMIN~2004 ADMIN\C04 0623_B Amendment 1 To Agreement 03-242 Extension P&R Paper Supply.doc June 10, 2004, 9:41AM ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar TEM: r'3. ,5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 7, 2004 APPROVED DEPARTMENT HEAD u./~ CITYATTORNEY ~ C, MA. AGER Contract Change Order No. 1 to Agreement No. 03-240 with Bowman Asphalt for $73,209.02 (for a revised contract amount of $1,154,987.02) for the Kern River Bike Path Improvements and Riparian Restoration Project from Stockdale Highway to Manor Street (Wards 2,3, and 4). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: During the construction of this project, it was discovered that the existing underground boxes that hold the irrigation valves were not traffic rated. An upgrade to a traffic rated box is needed because these boxes are located in the paved area of the bike path. The contactor has agreed to upgrade eleven (11) boxes for the lump sum price of $1,677.50. A "fog seal" needs to be applied to the new pavement in order to lengthen the service life of the bike path. The contractor has agreed to apply this seal for the lump sum price of $11,404. During the course of construction, a "Maxicom" irrigation communications cable was discovered. This cable is in conflict with the new bike path and must be replaced. The contractor has agreed to replace this cable for the lump sum price of $4,137.83. A water line which was supposed to service the new irrigation system does not exist. As such, an additional water line must be laid to provide irrigation service for the landscaping along the bike path. The contractor has agreed to install this additional water line for the lump sum price of $16,647.28. Several contract item quantities had to be increased, decreased, or deleted during the course of this project. Further, other adjustments needed to be made for delay costs, City furnished equipment, and equipment substitutions. The total cost of these adjustments is $39,342.41. This change order will be funded with State Proposition 12 and 13 funds. Rick M @ Construction 6/9/2004 9:46:31 AM G:\GROUPDAT~ADMINRP~2.004\06-23~,Kern River Bike Path CCC1 doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council /A/~PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 8, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 5 to Agreement No. 03-018 with S.C. Anderson Inc. for $61,730.49 (for a revised contract amount of $5,607,300.12) for the Bakersfield Ice Center Project. (Ward 2) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Construction of the Ice Sports Center was awarded to SC Anderson, Inc., at the January 29, 2003 Council meeting. The awarded contract amount was $5,490,000. This is the fifth and final contract change order to be submitted for the project. This change order will increase the project total by $61,730.49 as summarized on the attached contract change order. The net increase of all the contract change orders is $117,300.12, which is 2.1% of the original contract amount. The item of most note in this change order is the heat exchange system which was installed in order to use the heat generated from the chiller unit in the Ice Center to heat the water in the Aquatic Center's pools. As a result, energy savings will be realized for the Aquatic Center. The cumulative change orders to date on this project reflect a net increase of $117,300.12 as illustrated below: · Original Contract Amount = $5,490,000.00 · Amended Contract Amt after All Change Orders = $5,607,300.12 · Net Increase = $ 117,300.12 Sufficient funds are budgeted to cover this contract change order. Rick_M @ Construction 6/11/2004 9:54:49 AM G:\GROUPDAT~ADMINRPT~.004\06-23~Bakersfield Ice Center - CCO 5doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, U., TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD ,,/~/~- DATE: June 10, 2004 CITY A'I-rORI~Y '¢/ /;~--"~ ,..._./, - CITY MANAGER SUBJECT: Accept bid to award annual contract to Battery Systems, Incorporated, not to exceed budgeted amount of $60,000.00, to furnish automotive batteries. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides automotive batteries as needed. Departments estimate quantities and types of batteries that may be required for the contract year. Invitations to bid were sent to nine (9) vendors. Two (2) complete bids were received, as follows: Battery Systems, Incorporated 2800 Pegasus Drive #B Bakersfield CA 93301 (County) in the amount of $58,859.87 Powerstride Battery 1700 - 24th Street Bakersfield CA 93301 (City) in the amount of $64,157.94 With 1% Sales Tax Consideration $63,559.73 Purchasing Division DW:Ijm P:~ADMIN~2004 ADMIN\C04 0623 D Automotive Batteries.doc June 10, 2004, 9:17AM ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, V. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 11, 2004 APPROVED DEPARTMENT HEAD~ ClTY ATTORNEY -,~ ~ CITYMANAGE" SUBJECT: Accept bids to award annual contracts to Argo Chemical, Incorporated, and Los Angeles Chemical Company, not to exceed the budgeted amount of $109,000.00, for chemicals for the City's swimming pools. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: These contracts will be used by the Recreation and Parks Departments to provide chemicals to the local swimming pools. Three (3) bids were received. Departments estimate quantities and types of supplies that may be required for the contract year. The unit prices of the three (3) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Argo Chemical, Incorporated and Los Angeles Chemical Company. Splitting the award provides a lower overall total cost over the previous year's prices. Purchasing Division DW:ljm P:~ADMIN~004 ADMIN\C04_0623_E_Pool Chemicals.doc June 11,2004, 10:18AM MEETING DATE: ADMINISTRATIVE REPORT June 23,2004 AGENDA SECTION: Consent Calendar ITEM: 5. ~0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director June 15, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Accept bid to award contract to New Image Commercial Flooring ($141,269.67) for Re- carpet Bakersfield Convention Center. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and award of agreement. BACKGROUND: The existing carpet in the Convention Center is over 15 years old. In several locations throughout the facility, the carpet is torn and stretched. With this project, the existing carpet will be removed and new carpet will be installed in the Concert Hall Lobby including the Main Staircase and Upper Lobby; the Orchestra Section and Terrace Section of the Concert Hall; and in these meeting rooms - Grape Room, Potato Room, Cotton Room, and Carrot Room. The project is funded with Capital Outlay Funds that were appropriated for the project in FY2002-03. On June 15, 2004, 2 acceptable bids were received as follows: New Image Commercial Flooring 2225 E. Cooley Drive Colton, CA 92324 (Out of town) Mohawk Industries 443 Nathaniel Drive East Dublin, GA 31027 (Out of town) in the amount of in the amount of $141,269.67 $170,543.96 ADR P3C042 June 15, 2004, 12:56PM G:\GROUPDAT~ADMINRPT~2004\06-23\Recarpet Convention Center.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION Consent Calendar ITEM: .5. ×. TO: Honorable Mayor and City Council API~ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 16, 2004 CITY ATTORNEY.~/~-)~-'''~ CITY MANAGER SUBJECT: Reject all bids for restoration of concrete decks at the Bakersfield Police Department building. (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: The work to be performed was to consist of, in general, of power washing the decks outside the parapet walls on the roof and the decks outside the second floor, and coating both decks with new waterproofing material. Current funds budgeted for the project is $40,000. Both bids received were in excess of the budget. In addition, three unopened bids were received after the closing of bids. Staff recommends readvertising this project. On June 10, 2004, two bids were received as follows: Robison-Prezioso, Inc. 10114 Shoemaker Ave. Santa Fe Springs, CA 90670 in the amount of $47,450.00 Graham Prewett, Inc. 1220 E. North Ave. Fresno, CA 93725 in the amount of $55,000.00 WGM/PW-ENGR -- June16,2004,8:11AM G:\GROUPDAT~ADMINRPT~.004\06-23\Restoratlon of Concrete Decks BPD Building -new doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: 5.~. TO: Honorable Mayor and City Council APEEIOVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: June 15, 2004 CITY ATTORNEY SUBJECT: CITY MANAGER ~ Traffic Signal and Lighting Installation on Brimhall Road at Windsong Street (Ward 4): 1. Accept bid to award contract to Loop Electric for $87,741.75 for Project. 2. Appropriate $90,000 Gas Tax Fund Balance to the Capital Improvement Budget for the construction phase of the project. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: The project consists of installing a traffic signal, lighting system, handicap ramp, pavement markings, and striping and signage at the intersection of Brimhall Road at Windsong Street. The project is funded entirely with Gas Tax Funds. On June 2, 2004, two acceptable bids were received, as follows: Loop Electric 1516 E. 19th Street Bakersfield, California 93305 (City) in the amount of $87,741.75 A-C Electric Company 315 30th Street Bakersfield, California 93303 (City) in the amount of $98,527.50 PE: Robert Tablit G:\GROUPDAT~ADMINRPT~04\06-23~drnhaII Rd_Wlndsong St.doc Rev. 6/15/2004 11:34 AM ADMINISTRATIVE REPORT MEETING DATE June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 10, 2004 APPROVED DEPARTMENT HEAD~4~& CITY ATTORNEY CITY MANAGER Dedication Of Property: Two minimal width strips of road right-of-way on the west side of Old River Road between Campus Park Drive and Pacheco Road. 0Nard 5) A Quitclaim Deed from the City of Bakersfield to GMAC Model Home Finance, Inc., a Virginia corporation, quitclaiming two obsolete portions of road right-of-way (right turn lanes) in exchange for right-of-way for an adopted right turn lane in the same general area. RECOMMENDATION: Staff recommends approval of the quitclaim. BACKGROUND: The original subdivision development at the northwest corner of Old River Road and Pacheco Road was designed for two road crossings of the Buena Vista Canal along the west side of Old River Road. Tentative Tract No. 6082, approved January 17, 2002, provides for just one road crossing over the Buena Vista Canal in the same general area. The dedicated right-of-way for Old River Road provides right turn lanes for the two obsolete original canal crossings. Kern Delta Water District has dedicated the road right-of-way for the approved canal crossing and will subsequently dedicate the right-of way for a new right turn lane at the approved crossing. The District will dedicate the new right turn lane in exchange for the City's quitclaim of the two obsolete right turn lanes. GMAC Model Home Finance, Inc. will subsequently convey the obsolete right turn parcels to the District for use as canal right-of-way. G:\GROUPDAT~ADMINRPT\2004\06-23\Ded of Property-Old River Rd at BVC.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar TEM: ,5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD //// ~ June 14, 2004 CITY ATTORNEY ~//~:~ CITY MANAGER Appropriate funds to the Capital Improvement Budget for previously a property acquisitions: a. Appropriate $ 801,000.00 Sewer Enterprise Fund balance and $1,424,000.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at 24th and Oak Street for a future interchange and drainage facilities. (VVard 2) b. Appropriate $ 521,080.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at the southeast corner of Johnson Road and Manon Drive for the Westside Parkway. (Ward 4) RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: The City of Bakersfield is acquiring properties at the 24th and Oak Street intersection (item a.) for future drainage facilities and a future interchange. The acquisition agreement for this property (04-131 for $2,220,000) was approved by the City Council at their May 26, 2004 meeting. The City of Bakersfield is also acquiring properties for the Westside Parkway (item b.). The acquisition agreement for this property (04-141 for $516,080.00) was approved by the City Council at their June 9, 2004 meeting. Staff should have included the appropriation requests with the acquisition agreements, but a miscommunication between Departments resulted in the requests being delayed. The appropriation requests include an additional $5,000.00 for each agreement for closing costs. Staff recommends appropriating the $801,000.00 Sewer Enterprise and $1,945,080.00 Transportation Development funds. TDW June 14, 2004, 11:52AM G:\GROUPDAT~ADMINRP'R2004\06-23\Sewer Fund and Transpoctation Development Fund Appro~,.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Hearings TEM: ~,~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director June 7, 2004 APPROVED DEPARTMENT HEAD //[,/J __ CITY ATTORNEY ,~' CITY MANAGER ~ Resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Safe-1 Credit Union is planning to expand their building and facilities at the northeast corner of Palm and Oak Streets. The Credit Union owns property on both sides of the public alley at 400 Oak Street. They are requesting vacation of the south 126 feet of the alley as part of their building expansion and site development plan. This request is a revision of a prior application by Safe-1 for vacation of the entire length of the alley (from Palm Street to Dracena Street). The prior request was denied by Public Works because the proposal did not provide adequate access for City refuse collection. The revised development plan provides adequate access for municipal services. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes that no City sewer or storm drain facilities are in the vacating area. Public Works requires that the applicant provides for a 25 foot wide (min.) public access lane connecting the remainder portion of the alley to Olive Street (see attached plat). The access lane shall be constructed with a pavement thickness equivalent to a City standard commercial alley. The utility companies serving the area have been notified by mail and the utility companies have indicated they have facilities in the vacating area that will need to be protected by reservation of an easement. Public Works notes that a public utility easement must be reserved over the entire vacating area to serve this purpose. On April 20, 2004, all property owners within a radius of 300 feet of the vacating area were mailed preliminary notice of the project and none have indicated any objections as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of May 6, 2004, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. Resolution of Intention No. 1337 declaring intention to order said proposed alley vacation was adopted by G:\GROUPDAT~ADMINRPT~2004\06-23\OrderVacSafe-1CUAIleyROI 1337 Admin,rtf I ADMINISTRATIVE REPORT City Council at the regular meeting of May 26, 2004. Notice of this public hearing has been duly advertised and posted as required by law. G:\GROUPDAT~ADMINRPT~2004\06-23\OrderVacSafe-lCUAIleyRO11337 Admin.r~f 2 ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Hearings ITEM: (_o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 1, 2004 PPROVED DEPARTMENT HEAD t~-~ _ CITY ATTORNEY~'~ cra' M^.AGER Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1333 regarding the street landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1333 on June 9, 2004, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2004-2005 street landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 23, 2004. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. Street landscaping assessment rates were not increased for the 2004-2005 fiscal year. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the street landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2004-2005 Consolidated Maintenance District street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of intention No. 1333 is on file in the City Clerk's office. dc June 1, 2004, 12:02PM S:\PROJ ECTS\MAINDIST~,DMINRPT~CMD04HrgSt.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Hearings ITEM: ~..o. 0_. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June t, 2004 DEPARTMENT HEAD .~ROVED_ CITY ATTORNEY CITY MANAGER ~ Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1334 regarding the park landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1334 on June 9, 2004, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2004-2005 park landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 23, 2004. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. Park landscaping assessment rates were not increased for the 2004-2005 fiscal year. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2004-2005 Consolidated Maintenance District park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1334 is on file in the City Clerk's office. dc June 'l, 2004, 12:16PM S:\PROJECTS\MAINDIST~ADMINRPT~CMD04HrgPk,dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Hearings ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 27, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER Traffic Signal Maintenance Districts. 1. Protest hearing as required by Resolution of Intention No. 1335 regarding the assessments for nine (9) Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's report for nine (9) Traffic Signal Maintenance Districts and the 2004-2005 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Wards 1, 3, 4 and 5) RECOMMENDATION Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1335 on June 9, 2004, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2004-2005 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 23, 2004. Traffic signal assessment rates were not increased for the 2004-2005 fiscal year. Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2004-2005 Traffic Signal Maintenance District assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1335 is on file in the City Clerk's office. dc May 27, 2004, 5:22PM S:\PROJ ECTS\MAIN DIS'RTRAFSIG~Admin\TS04_H rg-AII.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Hearings ITEM: ~.~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Florn Core, Water Resources Manager June 8, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY...._./ CITY MANAGER ('~,~"~ Continued public hearing to consider an increase in the monthly readiness-to-serve charge and quantity rate for the City of Bakersfield Domestic Water system. (Portions of Wards No. 4,5,6&7) Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: California state law under Proposition 218, requires that increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing on a proposed increase in the readiness-to-serve charge and the quantity rate on the City of Bakersfield Domestic Water System was mailed to each of the customers and/or property owners that receive City water service. The mailing occurred during April 2004. As of June 8, 2004, the City Clerk had received 1 written letter(s) protesting or commenting on the fee increase. The readiness-to-serve charge and quantity rate are proposed to be increased. The current readiness-to- serve charge for a typical residential customer is $7.95 per month. The proposed monthly service charge is $8.90, which reflects a total increase of $0.95 per month. The readiness-to-serve charge for larger services will be assessed by a service-size ratio relative to a typical residential customer. The quantity rate is currently $0.56 per hundred cubic foot unit. The proposed rate will increase by $0.03 to $0.59 per unit. A typical residential customer will see a total increase of $1.79 per month. Due to new water supply programs, the cost of meeting water quality standards and addressing security issues of the federal Homeland Security Act, overall expenditures have increased 7.5%. According to Proposition 218, if written protests against the proposed fee increase are presented by a majority of the customers and/or property owners that are receiving water service from the City, the City shall not charge the additional readiness-to-serve fee or the additional quantity rate. If written protests against the proposed increased fee and charges are not presented by a majority of the customers and/or property owners that are receiving water service from the City, the City Council may adopt the proposed fees and charges. The increased readiness-to-serve charge and quantity rate would become effective October 1,2004. This hearing was continued from the Council meeting of May 26, 2004 FC:bz S:~004 ADMIN RPTS\JN23WT01HRG,.dot ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Closed Session ITEM: "t. CL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 17, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Potential Litigation APPROVED Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: VG:~s S:\COUNCIL\CI Sess~Admins~2004\06-23-04 Potential.doc 6/17/2004 ADMINISTRATIVE REPORT IMEETING DATE: June 23, 2004 IAGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council /~ ~, APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD ~ DATE: May 9, 2004 CITY MANAGER ~ SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Joe Moesta, Jr. RECOMMENDATION: BACKGROUND: Mayor Hall will make presentation to: Joe Moesta, Jr., Police Lieutenant, Bakersfield Police Department, for 33.75 years of service to the City of Bakersfield. 5/5/2004 S:\ADMINRPT\Retiree Presentations - Moesta.doc ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Hearings TEM: [~,Cl., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 27, 2004 CITY MANAGER Protest hearing as required by Resolution of Intention No. 1327 proposing to add territory, Area 4-29 (Baker Street II) to the Consolidated Maintenance District. 1. Resolution adding territory, Area 4-29 (Baker Street II), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City is proposing to install street landscaping in Baker Street between Sumner Street and Truxtun Avenue. To provide for the maintenance for the street landscaping this resolution proposes to add territory (Area 4-29, Baker Street II) to the Consolidated Maintenance District. This hearing is to hear protests to adding Baker Street II to the Consolidated Maintenance District. The resolution proposes to add territory (Area 4-29, Baker Street II) to the Consolidated Maintenance District. Area 4-29 is generally bounded by Sumner Street on the north, King Street on the east, Truxtun Avenue on the south and Kern Street on the west. Notices were sent out to each property owner within the area. As of May 3, 2004, six ballots have been returned, all in favor of adding this area to the Consolidated Maintenance District. Ballots may be received up to the close of the protest hearing. This area will be under the streetscape zone of benefit and when street landscaping and lighting improvements have been installed, assessed an amount for street tier 2. The addition of this territory to the Consolidated Maintenance District complies with the requirements of Proposition 218. Jas May 27, 2004, 1:31PM G:\GROUPDAT~ADMINRPT~2004~06-23\MD4~29Est04.dot ADMINISTRATIVE REPORT I MEETING DATE: June 23, 2004 I AGENDA SECTION: Deferred Business I ITEM: [~. O,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager June 10, 2004 Fiscal Year 2004-05 Budget DEPARTMENTHEAD L/~,,~, ClTY ATTORNEY ~ CITY MANAGER 1. Resolution Approving and Adopting the City of Bakersfield Operating and Capital Improvement Budget as amended. 2. Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency as amended. 3. Resolution Establishing the City of Bakersfield Appropriations Limit. RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: Based on the input received at the budget workshops from Council members as well as technical changes arising from new information, staff is recommending the following changes to the proposed FY 2004-05 Budget. Technical Chan.qes Increase Transportation Development Fund (TDF) appropriations by $140,000 in the Public Works Operating Budget for an additional Engineer I and Engineering Technician I position to work exclusively on the TDF funded capital improvement program. Subsequent to the preparation of the FY 2004-05 Proposed Budget, staff was reviewing the long range plan for TDF projects and a determination was made that the TDF fund balance should be utilized to construct additional projects now instead of being carded forward into future years. The justification for that determination was based in part on the continued growth rate of the City. Both positions will be funded with TDF funds and were included in the Public Works Department budget presentation to the Council On June 7, 2004. Increase Transportation Development Fund (TDF) appropriations by $5,022,000 in the Public Works Department Capital Improvement Budget for additional TDF funded capital improvement projects listed below which were added subsequent to the preparation of the FY2004-05 Proposed Budget. Each of ADMINISTRATIVE REPORT Page 2 these projects will improve the capacity of our street system and help our citizens get to their destinations quicker than if the projects were not built. New Signal at Ashe Road at Panama Lane Installation of this signal will provide right-of-way control for the safe ordedy flow of traffic and will be capable of future coordination. $ 200,000 New Signal at Ming and Grand Lakes New Signal at Olive Drive and Riverlakes Drive New Signal at Fairfax and Highland Knolls The above projects are proposed to be designed in FY 2004-05 with construction occurring in the following year. $ 20,000 $ 20,000 $ 20,000 _ Seismic Retrofit at North Chester Avenue This project is to replace the existing north Chester Avenue southbound bridge and improve structural elements required for future bddge widening to accommodate three lanes. $1,300,000 Ming Avenue at Ashe Widening This project is to provide for additional turn lanes and signal modifications at the intersection of Ming Avenue and Ashe Road. $ 500,000 Ming Avenue at New Stine Widening This project is to provide for additional turn lanes and signal modifications at the intersection of Ming Avenue and New Stine Road. $ 500,000 Old River Road at San Joaquin Railroad at-Grade Crossing This project is for an at-grade roadway crossing and includes construction of the paved crossing and installation of crossing guards and warning devices. $1,536,000 Mountain Vista Drive at San Joaquin Railroad at-Grade Crossing This project is for an at-grade roadway crossing and includes construction of the paved crossing and installation of crossing guards and warning devices. $ 926,000 Attached are the resolutions adopting the Fiscal Year 2004-05 City of Bakersfield and Bakersfield Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets inclusive of the proposed adjustments. The total Budget is $314,034,819 with the Operating Budget totaling $259,305,156, the Capital Improvement Program Budget totaling $46,950,100, the BRDA Operating $7,779,563. Also, the resolution adopting the Fiscal Year 2004- 05 Appropriations Limit of $189,173,478 and Exhibits "A" and "B" are included. S:0405budpro:0405budgetadoptionadmin6232004 ADMINISTRATIVE REPORT MEETING DATE: June 23, 2004 AGENDA SECTION: Consent Calendar ITEM: (~.a.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Pamela McCarthy, City June 16, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 2, 5 & 6, a Special Election to elect a Councilmember for Ward 7 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 2, 2004. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution calls for the General Municipal Election, a Special Election and requests consolidation with Kern County Elections with a standard indemnity provision, to be approved by the Board of Supervisors, in accordance with State election laws and City Charter {}67. The General election, to be held on November 2, 2004, is for the following Councilmember seats: Ward 2 - Sue Benham Ward 5 - Harold Hanson Ward 6 - Jacquie Sullivan Additionally, a letter of "Intent to Vacate Council Seat" was received from Councilmember Salvaggio. The letter states that he will resign at the time the elected Councilmembers are sworn in, which will be December 15, 2004. Therefore, the Resolution also calls for the Election to fill the unexpired term, for the following Councilmember seat: Ward 7 - Mark Salvaggio Filing period for all seats, is July 12, 2004 through August 6, 2004. In the event an incumbent does not file, the Candidate extension period is from August 9, 2004 through August 11, 2004. proc S:lELECTlON~,dminslCallingNov2OO4.DOT MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JUNE 7, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Department Budget Presentation Meeting - 12:00 Noon BUDGET MEETING ROLL CALL Present: Mayor Hall, Vice-Mayor Couch (seated at 12:22), Councilmembers Carson (seated at 12:15), Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None ACTION TAKEN DEPARTMENT BUDGET PRESENTATIONS a. Economic Development Economic and Community Development Director Kunz made a computer presentation and provided handouts. Councilmember Hanson requested an update on the Parkview Cottages project. Economic and Community Development Director Kunz responded. Councilmember Benham requested information regarding eligible sites for street reconstruction. Economic and Community Development Director Kunz responded. Councilmember Carson requested information regarding the opening of the new McDonald's at Chester Ave. and Brundage Ln.; an update on the Dean project; information regarding the old Chateau Basque building; the length of life of the Enterprise Zone and the boundaries thereof; the availability of Home Funds in the Southeast Project Area and the relating tax increment; staff meet with her to review the feasibility of revising/reviving the Southeast PAC; an update on the fire station for the Southeast and information regarding use of CDGB funds to hire fire and police personnel. Economic and Community Development Director Kurtz and George Gonzales, Community Development Coordinator, responded. Councilmember Sullivan expressed appreciation for Economic and Community Development accomplishments. NAT Bakersfield, Califomia June 7, 200 - Page 2 DEPARTMENT BUDGET PRESENTATIONS Item 2.a. continued Councilmember Salvaggio requested information regarding the construction of Saigon Plaza and the location of the six street reconstruction sites. Donna Kurtz, Economic and Community Development Director, and George Gonzales, Community Development Coordinator, responded. Councilmember Salvaggio emphasized federal monies are being used to fund community projects/improvements, however City staffing levels remain critically Iow and result in work/service delays. Councilmember Maggard requested staff input regarding creative use of funds for the abatement of graffiti. Economic and Community Development Director Kunz responded. Recreation and Parks Department Interim Recreation and Parks Director Christensen made an introductory computer presentation and provided an overview of the Department, Assistant Recreation and Parks Director Abe made a computer presentation for the Recreation division of the Department. Director of Operations Cronk made a computer presentation for the Parks division of the Department. Interim Recreation and Parks Director Christensen made concluding remarks. Councilmember Maggard expressed appreciation for staff efforts in these difficult financial times. Councilmember Maggard requested information regarding the water rate increase. City Manager Tandy and Interim Recreation and Parks Director Christensen responded. Councilmember Maggard requested an update regarding utilization of volunteers in providing capital projects for the Parks Department. City Attorney Gennaro responded. Councilmember Maggard requested information regarding the tree maintenance position and how those duties will be handled since the vacancy has occurred. Director of Operations Cronk responded. Councilmember Carson requested an update regarding wet spray parks. Recreation and Parks Director Christensen and City Manager Tandy responded. ACTION TAKEN NAT Bakersfield, California June 7, 200 - Page 3 DEPARTMENT BUDGET PRESENTATIONS Item 2.b. continued Councilmember Carson requested an update on programs at Lowell and Wayside Parks. Recreation and Parks Director Christensen responded. Councilmember Salvaggio requested staff assure every effort is made to make spray parks operational. Recreation and Parks Director Christensen responded. Councilmember Salvaggio requested an update regarding staffing for the McMurtrey Aquatics Facility. Recreation and Parks Director Christensen responded. Councilmember Hanson requested an update regarding actual income generated by Maintenance Districts. Recreation and Parks Director Christensen and City Manager Tandy responded. Vice-Mayor Couch requested information regarding elements for River Oaks Park and update regarding hiring outside gardeners in Maintenance Districts. Recreation and Parks Director Christensen responded. Vice-Mayor Couch requested clarification regarding construction and operational funding for spray parks. City Manager Tandy responded. Councilmember Sullivan requested clarification regarding the Ellis Award; information regarding the scheduled opening of Beale Pool and additional information regarding the transportation of swimmers from closed pool areas to open pools. Recreation and Parks Director Christensen responded. Councilmember Sullivan requested staff provide information regarding pool closures and reaffirm pools were not closed to enable the City to construct the McMurtrey Aquatics Center. City Manager Tandy responded. Councilmember Maggard requested information regarding feasibility of offering free swimming in conjunction with transportation for the opening of the McMurtrey Aquatics Center and long range plans for Siemon, Planz and Jastro Parks. Recreation and Parks Director Christensen responded. Councilmember Benham announced the Grand Opening for the McMurtrey Aquatics Center will be June 9 at 11:00 a.m. Recreation and Parks Director Christensen provided information regarding the fund raiser for the McMurtrey Aquatics Center, during the evening of June 10, 2004, featuring former Olympic gold medalist Janet Evans. ACTION TAKEN Bakersfield, California June 7, 200 - Page 4 DEPARTMENT BUDGET PRESENTATIONS c. Water Resources Water Resources Manager Core made a computer presentation and provided a Department overview. Vice-Mayor Couch requested clarification regarding the Master Plan as it relates to the Kern County organization addressing groundwater issues. Water Resources Manager Core responded. Councilmember Maggard requested information regarding the regulation of water wells. Water Resources Manager Core responded. Councilmember Maggard requested information regarding possible reimbursement of improvements recommended by the Office Homeland Security. City Manager Tandy responded. Councilmember Maggard requested staff analyze efforts to justify the water rate increase to the public or possibly advocate a reduction in the proposed rate increase. Water Resources Manager Core responded. Councilmember Salvaggio requested an update on the construction of the last phase of the bike path. Water Resources Manager Core responded. Councilmember Sullivan requested clarification regarding charging for water services, fiat rate versus metered. Water Resources Manager Core responded. Councilmember Maggard requested information regarding the cost of the mural on the tank and the possibility of obtaining community sponsorships to fund further artwork. Water Resources Manager Core responded. Councilmember Sullivan requested information regarding property on the south side of the railroad track near the Amtrak Station. City Manager Tandy responded. Councilmembers Carson and Benham left the meeting at 2:30 p.m. d. Public Works Department Public Works Director Rojas made a computer presentation and gave departmental overview. Assistant Public Works Director LaRochelle made a computer presentation and gave an overview of the Engineering Division. ACTION TAKEN NAT NAT Bakersfield, California June 7, 200 - Page 5 DEPARTMENT BUDGET PRESENTATIONS Item 2.d. continued Wastewater Manager Whitten made a computer presentation and gave an overview of the Wastewater Division. Civil Engineer IV Arnold Ramming made a computer presentation and gave an overview of the proposed Capital Improvement Projects. Counciimember Maggard requested staff review temporary off ramp conditions at Hwy. 99 South at the White Ln. exit for possible hazardous condition; requested an update regarding the start date for the Hwy. 178/Fairfax Interchange Project; requested clarification regarding proposed rehiring of two employees and specifics of duties to be performed by those employees. Public Works Director Rojas responded. Vice-Mayor Couch requested information regarding City assumption of HWY. 204 and an update regarding HWY. 58 and Seventh Standard Rd. Assistant Public Works Director LaRochelle responded. Vice-Mayor Couch requested information regarding planning for future major repairs, such as canal culvert failures, in advance. City Manager Tandy responded. Vice-Mayor Couch requested information regarding status of signal installation at Windsong St. and Brimhall Rd. Pubilic Works Director Rojas responded. Councilmember Salvaggio expressed appreciation to all City employees for perseverance under difficult fiscal circumstances. Councilmember Salvaggio requested clarification regarding use of refuse rate increase fees; clarification regarding staffing issues; an update regarding warranted traffic signal installation and an update regarding hiring of temporary employees and training issues. Public Works Director Rojas responded. Councilmember Salvaggio requested an explanation regarding special funding and general funds. City Manager Tandy responded. Councilmember Salvaggio requested an update on the Akers Rd. Extension. Assistant Public Works Director LaRochelle responded. ACTION TAKEN o Bakersfield, California June 7, 200 - Page 6 DEPARTMENT BUDGET PRESENTATIONS Item 2.d. continued Councilmember Salvaggio requested an update on installation of curbing on Ming between Hughes Ln. and So. H St.; an update regarding floor problems at the ice center and an update regarding the Interchange at Hwy. 99 and White Ln. Public Works Director Rojas responded. Councilmember Salvaggio requested staff endeavor to hold design consultant, URS, accountable for difficulties encountered with the Hwy. 99/White Ln. Interchange Project. Councilmember Sullivan requested information regarding refuse fee rates and requested staff reevaluate the pricing structure for refuse removal. Public Works Director Rojas responded. ADJOURNMENT Mayor Hall adjourned the meeting at 3:58 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JUNE 9, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. ACTION TAKEN 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. Department Budget Presentations. 1. Centennial Garden. Centennial Garden General Manager Jim Foss made a computer presentation and provided handouts. Councilmember Carson noted Bakersfield ice sport teams no longer have to travel out of town to practice. Councilmember Sullivan complimented staff on the Centennial Garden facility. Councilmember Hanson congratulated staff for the enrichment Centennial Garden provides the community. 2. Greater Bakersfield Convention and Visitors' Bureau. Don Jaeger, President of the Greater Bakersfield Convention and Visitors' Bureau, made a computer presentation and provided handouts. Councilmember Hanson requested a more detailed breakdown of Bureau expenses. Mr. Jaeger responded. Councilmember Sullivan expressed appreciation for the presentation and the work of the bureau. Bakersfield, California June 9, 2004 - Page 2 WORKSHOP continued Vice-Mayor Couch requested information regarding calculation of figures. Mr. Jaeger responded. PUBLIC STATEMENTS David Dowdy spoke regarding leaded paint coating light poles in Jastro Park. Councilmember Benham requested staff investigate the situation and report and findings to Council. Milt Younger, President of the Bakersfield Symphony Omhestra, spoke requesting City support in funding the orchestra and provided handouts. Councilmember Sullivan requested staff again review funding for the Bakersfield Symphony. CONSENT CALENDAR Minutes: 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. 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. (ZC 04- 0220) ACTION TAKEN FR FR ORD 4192 Bakersfield, California June 9, 2004 - Page 3 CONSENT CALENDAR continued 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. 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 Il/Fairway Oaks South): 1. Resolution determining assessments remaining unpaid. Resolution approving form and substance of preliminary official statement and bond purchase contract. ACTION TAKEN ORD 4193 ROI 1333 ROI 1334 ROI t335 RES 196-04 RES 197-04 AGR 04-137 3. Resolution authorizing issuance of bonds. RES 198-04 Bakersfield, California June 9, 2004 - Page 4 CONSENT CALENDAR continued Agreements: k. Tract Maps and Improvement Agreements: 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. I. Improvement Plan Checking Engineering Services: Design Consultant Contract with Ruettgers and Schuler Civil Engineers (not to exceed $50,000.00) for improvement plan checking engineering services. 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 ~ mile east of Galloway 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. o. Bakersfield Municipal Airport Ground Leases: Ground Lease Agreement with Bob Hooper for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. 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. ACTION TAKEN AGR 04-138 AGR 04-139 AGR 04-140 DEED 6069 AGR 04-141 DEED 6097 AGR 04-142 AGR 04-143 AGR 04-'144 Bakersfield, California June 9, 2004 - Page 5 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. 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. Bids: 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. Motion by Vice Mayor Couch to adopt Consent Calendar items 4.a. through 4. v., with the removal of item 4. v. for separate consideration. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $150,360.21. Motion by Councilmember Hanson to authorize collection. Councilmember Maggard requested staff explore additional ways to collect debt owed the City. Councilmember Hanson amended his motion to defer the item to a later date. ACTION TAKEN AGR 04-t45 AGR 03-207(~t) AGR 04-146 AGR 04-147 AGR 04-148 APPROVED NAT APPROVED Bakersfield, California June 9, 2004 - Page 6 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). 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). 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). Hearings opened at 6:05 p.m. Motion by Maggard to open the hearings and continue to July 7, 2004. 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. Motion by Vice-Mayor Couch to recess to Closed Session at 6:06 p.m. Motion by Vice. Mayor Couch to recess from Closed Session at 7:20 p.m. ACTION TAKEN CONTINUED TO 7-7-04 CONTINUED TO ~04 CONTINUED TO 7-7-04 APPROVED APPROVED APPROVED Bakersfield, California June 9, 2004 - Page 7 RECONVENED MEETING - 7:25 p.m. 7. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. Mayor Hall requested a moment of silence to honor the passing of Ronald Reagan, 40th President of the United States. 8. INVOCATION by Reverend Elizabeth Price, Acts of Worship Ministries. PLEDGE OF ALLEGIANCE by Haresha Clark, 5t~ Grade Student at Evergreen Elementary School. 10. CLOSED SESSION ACTION 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. 11. PRESENTATIONS a. Presentation of an Appreciation Plaque to Castle & Cooke. Fire Chief Fraze made comments and presented the plaque to Castle & Cooke on behalf of the Fire Department. Darlene Mulkey and Steve DeBranch accepted the plaque on behalf of Castle & Cooke. Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Eric W. Matlock. Mayor Hall made the presentation of a plaque and gift certificate. Children from the PAL Program and Officer Weston presented an Eagle Trophy to Chief Matlock. ACTION TAKEN NAT CONTINUED TO THE END OF THE MEETING 11. 12. 13. Bakersfield, California June 9, 2004 - Page 8 PRESENTATIONS Chief Matlock made comments and acknowledged the PAL Program. PUBLIC STATEMENTS Sandy Garrigan spoke on behalf of the Keep Bakersfield Beautiful Committee and presented suggestions for improvement of the City recycling program. Councilmember Benham requested the Budget and Finance Committee evaluate the suggestions. HEARINGS Public Hearing to consider commercial refuse rate increase for fiscal year 2004/05 (4.8% proposed rate increase). Public Works Director Rojas made staff comments. Hearing opened at 7:49 p.m. No one spoke. Hearing closed at 7:49 p.m. Motion by Vice-Mayor Couch to approve the increase and adopt the Resolution. Public Hearing to consider residential refuse rate increase for fiscal year 2004/05 (4.8% proposed rate increase). City Clerk McCarthy announced the City mailed over 70,000 hearing notices regarding the proposed increase. Correspondence was received from two residents in support of the fee increase and from twenty residents opposed to the fee increase. Public Works Director Rojas made staff comments. Hearing opened at 7:50 p.m. Pam Bradford spoke in opposition to the staff recommendation. No one spoke in support of the staff recommendation. Hearing closed at 7:53 p.m. ACTION TAKEN APPROVED 13. 14. 10. Bakersfield, California June 9, 2004 - Page 9 HEARINGS continued Item 13.b. continued Motion by Vice-Mayor Couch to approve the increase and adopt APPROVED the Resolution. c. Public Hearing for the FY 2004-05 Operating, Bakersfield NAT Redevelopment Agency and Capital Improvement Program Budgets. Assistant City Manager Stinson made staff comments. Hearing opened at 8:02 p.m. No one spoke. Hearing closed at 8:03 p.m. NEW BUSINESS a. Agreement for Animal Care Services (County - City of Bakersfield). City Manager Tandy made staff comments and introduced Dave Price, Kern County Resource Management Agency Director, who made comments on behalf of the County. Motion by Councilmember Carson to approve the Agreement. Council adjourned to Closed Session for continued discussion APPROVED on item 6.b. at 8:49 p.m. AB COUCH CLOSED SESSION ACTION b. Conference with Legal Counsel - Potential Litigation; Closed NAT Session pursuant to subdivision (c) of Government Code Section 54956.9; One (1) potential case. Council reconvened at 10:00 p.m. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff trim a large olive tree at the northwest corner of 19~ and Eye Streets. Councilmember Benham thanked staff for the Grand Opening of the McMurtrey Aquatic Center, encouraged the community to visit the facility and noted events associated with the opening. ACTION TAKEN 15. Bakersfield, California June 9, 2004 - Page 10 MAYOR AND COUNCIL STATEMENTS continued Councilmember Hanson requested an update on property acquisition for Fire Station 17. Assistant City Manager/Interim Recreation and Parks Director Christensen responded. Councilmember Hanson requested an update regarding cost- effectiveness of tax exempt license fees for non-profit groups. Councilmember Maggard requested the Legislation and Litigation Committee address the issue of compelling utility companies to maintain junction boxes. Councilmember Maggard requested staff pursue compelling Golden Empire Transit to repair road damage a bus stops caused by GET vehicles. Councilmember Salvaggio requested staff provide the Bakersfield Symphony with information regarding City assistance to other non-profit organizations. Councilmember Salvaggio requested he be informed regarding cement pouring at the White Lane Interchange. Councilmember Salvaggio requested staff respond to a previous referral and provide traffic study information regarding the feasibility ora pedestrian crossing and four-way-stop at Fremont and Wilson Roads. Councilmember Sullivan requested Police provide extra patrol/enforcement in the area of Ming and Valhalla to mitigate drag racing and noise in the evenings and on weekends. Councilmember Sullivan requested graffiti abatement on the amphitheater at Beale Park. Councilmember Sullivan made comments regarding the passing of former President Reagan and announced a memorial breakfast Friday morning, June 1 1. Vice-Mayor Couch congratulated retiring Police Chief Matlock on his outstanding career. Vice-Mayor Couch provided an update on Abby Duncan, who recently received a new heart, and encouraged the community members attend fund-raising activities on her behalf. Mayor Hall made comments regarding the passing of former President Reagan. ACTION TAKEN 15. 16. Bakersfield, California June 9, 2004 - Page 11 MAYOR AND COUNCIL STATEMENTS continued Mayor Hall announced his office had received correspondence from the Governor's office requesting facilitation of participation in a citizen's condolence book which will be provided to the Reagan Library. Forms will be available in the Mayor's office June 14 through June 18. ADJOURNMENT Mayor Hall adjourned the meeting at 10:20 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California