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BAKERSFIELD CITY COUNCIL
AGENDA
OCTOBER 6, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. REPORTS/WORKSHOPS
a. Overview of Keep America Beautiful Activities. (Presentation by G. Raymond Empson, President,
Keep America Beautiful)
b. Presentation by Mr. Bob Beehler, President, San Joaquin Community Hospital, regarding
Hospital update.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9; City of Bakersfield v. City of Shafter.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
5. INVOCATION by Pastor Charles R. Cournyea, Unity Church.
6. PLEDGE OF ALLEGIANCE by Kylie Weldin, 7t~ Grade Student at Norris Middle School.
7. CLOSED SESSION ACTION
8. PUBLIC STATEMENTS
9. APPOINTMENTS
10. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 22, 2004 Council Meeting.
Payments:
b. Approval of department payments from September 10, 2004 to September 23, 2004 in the
amount of $9,810,529.48 and self insurance payments from September 10, 2004 to
September 23, 2004 in the amount of $159,042.69.
Ordinances:
c. Adoption of Ordinances amending Chapters 5.14, 5.50 and 5.56 of the Municipal Code
relating to cabarets, taxicabs and transient outdoor businesses. (First Reading 9/8/04)
10. CONSENT CALENDAR continued
(Ward 4) e.
(Ward 1) f.
(Ward 1,2,3,5,7) g.
(Ward 1) i.
(Ward 1) j.
(Wards 1,4)
Resolutions:
d. Changes to Salary Schedule and New Job Specification:
Amendment No. 8 to Resolution No. 046-02 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting salary
schedule and related benefits for Aquatics Maintenance Technician.
2. New Job Specification for Aquatics Maintenance Technician.
Resolution dedicating right of way for a right turn lane at Jewetta Avenue and the 40 acre
recreation/open space/water recharge area at Jewetta and Stockdale.
Resolution confirming the approval by the Assistant City Manager of the report of the Chief
Code Enfomement Officer regarding assessments of certain properties for which dangerous
buildings have been demolished and authorize collection of the assessments by the Kern
County Tax Collector.
Resolution confirming the approval by the Assistant City Manager of the report of the Chief
Code Enforcement Officer regarding assessments of certain properties for which structures
have been secured against entry or for the abatement of certain weeds, debris and waste
matter and authorize collection of the assessments by the Kern County Tax Collector.
Resolution in Support of the Great Valley Center Route 99 Corddor Improvement Guide.
Resolution adding territory, Area 4-31 (Hwy. 58, Quantico NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1348 to add territory, Area 5-13 (E.Belle Terrace, S. Oswell NW)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Agreements:
k. Tract Maps and Improvement Agreements:
Final Maps and Improvement Agreements with Centex Homes for Tract 6118 Units
3, 4 and 5 located north of Olive Drive and west of Old Farm Road.
Final Maps and Improvement Agreements with Centex Homes for Tract 6195 Units
1, 2, 3 and 4 located north of Olive Drive and east of Allen Road.
Final Maps with ADH Corporation for Tract 6140 Phases 6 and 7 located south of
State Route 58 and west of South Sterling Road.
Amendment No. 1 to Agreement No. 03-314 with Muxlow Construction to extend agreement
for twelve (12) months ($55,000.00 increase, for a revised not to exceed compensation
amount of $110,000.00) for the Economic and Community Development Department Home
Accessibility Program.
Amendment No. I to Agreement No. 03-377 with Jim Alfter Cement Contractor to extend
agreement for twelve (12) months ($700,000.00 increase, for a revised not to exceed
compensation amount of $1,059,000.00) for the Public Works Department HUD Curb, Gutter
and Sidewalks.
10.
(Ward 2)
(Ward 2)
(Ward 4)
(Ward 1)
(Ward 5)
(Ward 4)
CONSENT CALENDAR continued
Amendment No. 2 to Agreement No. 03-182 with Krazan & Associates, inc., ($301,078.75
for total not to exceed compensation clause of $550,000.00) for matedal testing services for
various construction projects for Fiscal Years 2003-04 and 2004-05.
Amendment No. 4 to Agreement No. 00-174 ($40,000.00 for a revised total compensation
clause of $215,000.00) with T. W. Collins Associates for On-call Inspection Services for
various construction projects.
Amendment No. 2 to Agreement No. 03-154 with Naffa International ($50,000.00 for a
revised contract amount of $160,000.00) for commercial plan check services.
Amendment No. 4 to Agreement No. 01-166 with Delta Micro imaging ($30,000.00, for a
total contract amount of $420,000.00) for document file conversion to Laser Fiche or Micro
Fiche formats.
Amendment No. 1 to Agreement No. 99-9 with Jerry Randall, sole proprietor dba Noriega
House, regarding repayment of economic development loan.
Amendment No. 1 to Agreement No. 03-189 ($13,650.00, for a revised not to exceed
compensation clause of $224,750.00) with Aquatic Design Services, Inc. for Jefferson Park
Wet Play Area.
Bids:
t. Accept bid from HPS Mechanical, Inc. ($162,743.84) for construction of the Coffee Road
Waterline Tie-in for the Water Resources Department.
u. Accept bid to award annual contract to Granite Construction Company (not to exceed
budgeted amount of $1,500,000.00) for street materials.
v. Accept bid from Jim Burke Ford ($112,669.34) for one (1) replacement water truck for the
Solid Waste Division of Public Works.
w. Accept bid from Jim Burke Ford ($614,020.74) for twenty-seven (27) replacement Police
Special Sedans.
x. Accept bid from Jim Burke Ford ($39,651.21) for three (3) replacement Mid Size Sedans (2
for Development Services and I for Code Enforcement).
y. Canal Culvert Improvements (S. Chester Avenue at Kern Island Canal):
1. Accept bid to award contract to Affholder, Inc. ($359,860.00).
2. Transfer $290,000.00 savings from completed culvert projects to this project within
the Capital Outlay Fund.
3. Appropriate $36,000.00 Gas Tax Fund Balance to the Capital Improvement Budget.
z. Accept bid to award contract to A-C Electric ($74,498.50) for traffic signal and lighting
installation at Buck Owens Boulevard and Rio Mirada Drive.
aa. Accept bid to award contract to Griffith Company ($1,919,732.00) to construct sewer line in
Stockdale Highway between Renfro Road and Allen Road.
10. CONSENT CALENDAR continued
11.
(Ward 4)
(Ward 4)
(Ward 3)
(Ward 6)
12.
(Ward 3)
Miscellaneous:
bb.
Transfer and appropriate $3,469,373.00 Sewer Connection Fund balance to Sewer Plant 3
Fund operating budget to call outstanding 1997 sewer revenue bonds.
cc. Maintenance District Services and Costs. Refer to Budget & Finance Committee.
Staff recommends adoption of Consent Calendar items a through cc.
HEARINGS
Protest Hearing for proposed Assessment District No. 04-1 (Countryside/The
Homestead/Cherry Hill/Olive Park III).
Staff recommends hearing be opened and continued to the October 20, 2004 meeting.
Appeal Hearing to consider Resolution upholding the decision of the Planning Commission,
denying the appeal, amending the condition concerning right-turn lanes, adopting the
Negative Declaration and approving Vesting Tentative Parcel Map 11052 generally located
on the north side of Stockdale Highway between the Kern River Canal and Arvin-Edison
Canal alignments. (AppellantJEngineer: Mclntosh and Associates/Subdivider: Castle &
Cooke CA Inc.)
Staff recommends adoption of resolution and deny the appeal.
Appeal Hearing to consider Resolution upholding the decision of the Planning Commission,
denying the appeal, adopting the Negative Declaration and approving Vesting Tentative
Tract Map 6347 north of Highway 178 along the west side of Alfred Harrell Highway.
(Appellant: Sierra Club/Engineer: Porter Robertson/Subdivider: Gaskill Homes)
Staff recommends adoption of resolution and deny the appeal
Appeal Hearing to consider Resolution upholding the decision of the Planning Commission,
denying the appeal, adopting the Negative Declaration and approving Vesting Tentative
Tract Map 6351 located on the southeast corner of Panama Lane and Ashe Road.
(Appellant: Sierra Club/Engineer: Maurice Etchechury/Subdivider: G.L. Vanherweg & Old
River Land Co.)
Staff recommends adoption of resolution and deny the appeal.
DEFERRED BUSINESS
Resolution upholding the decision of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative Tract Map 6318 generally located
south of Chase Avenue and east of Kern Canyon Road (State Route 184). (Appellant:
Sierra Club/Engineer: Cornerstone Engineering/Subdivider: Arnold & Vicki Young) (Hearing
closed at 9/8/04 meeting and item continued from 9/8/04 and 9/22/04 meetings)
Staff recommends upholding the Planning Commission's decision to approve and adopt the negative
declaration and Vesting Tentative Tract Map 6318 and deny the appeal.
4
13.
14.
15.
NEW BUSINESS
a. Fiscal Year 2004-05 Budget Restoration; Road Maintenance and Workers Compensation
Budget Adjustments.
1. Appropriate $1,500,000.00 ongoing General Fund revenues to restore previous
operating budget reductions and positions.
2. Transfer and appropriate $280,350.00 one-time General Fund balance to the
Equipment Management Fund, Public Works operating budget for police vehicles.
3. Transfer and appropriate $1,500,000.00 Transient Occupancy Tax Fund resources
to the Capital Outlay Fund, Capital Improvement Budget for road maintenance.
4. Transfer $1,875,000.00 General Fund balance and $1,700,000.00 other Fund
balances to the Self Insurance Fund for workers compensation unfunded liability.
5. Approve policy to set aside future one-time eligible monies as a priority for Street
Maintenance as they become available.
Staff recommends approval of appropriations and transfers; and adoption of policy to set aside
future one-time eligible monies as a priority for Street Maintenance as they become available.
b. Additional Fee Supported Positions for Development Services Department:
1. Approval of six (6) fee supported positions (One (1) Associate Planner, one (1)
Building Inspector position and four (4) Building Inspector positions) for the
Development Services Department.
2. Appropriate $657,425.00 additional Development Services revenues to the
Development Services operating budget and transfer $100,000.00 to the Equipment
Fund for vehicles.
Staff recommends approval of additional positions and appropriation; and direct staff to schedule
a public hearing to consider amending the Master Fee Schedule for planning services fees.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
City Manager
pi
9/30/04 2:45pm
AGENDA HIGHLIGHTS
OCTOBER 6, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
There will be two workshops: 1) A brief overview of Keep America Beautiful activities by President,
G. Raymond Empson; and 2) An update on the activities of San Joaquin Community Hospital by
Bob Beehler, President of the Hospital.
CLOSED SESSION
There will be a conference with legal counsel regarding existing litigation (City of Bakersfield vs
City of Shafter).
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
Resolutions
Item 10h. Resolution in Support of the Great Valley Center Route 99 Corridor Improvement Guide.
Highway 99 has been declining in recent decades. The Highway 99 Task Force, which is
comprised of business, community, and government leaders from jurisdictions throughout the San
Joaquin Valley, is developing a cohesive approach to improve 280 miles of the Highway. The
Route 99 Corridor Guide provides practical guidance with the goal of cleaning every mile along the
corridor regularly every three years.
Aqreements
Item 10m. Amendment No. I to Aqreement No. 03-377 with Jim Alfter Cement Contractor for
Public Works HUD Curb, Gutter and Sidewalks in the amount of $700,000 (for a revised not to
exceed compensation of $1,059.000). In December, 2003, Council awarded the annual contract to
Jim Alfter Cement Contractor. The contract allows for a 12-month extension if both parties agree.
Public Works Street Maintenance staff has advised that this contractor has provided excellent
service, and requests the extension of the agreement with no price increase.
Item 10n. Amendment No. 2 to Aqreement No. 03-182 with Krazan & Associates, Inc., for Material
Testinq Services for Various Construction Proiects in the amount of $301,078.75 (for a total not-to-
exceed compensation of $550,000). In FY 2003-04, the Wastewater Treatment Plant No.2
Improvements project required significantly more soils testing than what was budgeted due to the
oversight testing requirements of the State Safety of Dams Division. In addition, the FY 2003-04
Resurfacing project was not anticipated to be constructed this fiscal year, and was not included in
the Material Testing Services estimate. These occurrences and additional testing requirements of
other projects will result in the depletion of the contract compensation well before the expiration of
the agreement. Funding for this amendment will be from budgeted Capital Improvement Projects.
Agenda Highlights
October 6, 2004
Page 2
Bids
Item 10u. Award Annual Contract to Granite Construction Company for Street Materials in an
amount not to exceed $1,500,000. This contract is used to provide asphalt material for repair of
streets. Three acceptable bids were received. Staff recommends award to Granite Construction
Company.
Item 10w. Accept Bid from Jim Burke Ford for 27 Replacement Police Special Sedans in the
amount of $614,020.74. The replacement of 27 Police special sedans was approved in the FY
2004-05 budget. Four acceptable bids were received. Staff recommends award to Jim Burke
Ford.
Item 10y. Award Contract to Affholder, Inc. for Canal Culvert Improvements, So. Chester Ave. at
Kern Island Canal in the amount of $359.860. The CIP Budget for this project was based on
applying a coating to the entire surface at an estimated construction cost of $106,000. The coating
would only protect the interior of the culvert and provide only a 20-year manufacturer's warranty.
Research shows that a cast-in-place liner with rebar and gunite has a typical life span of 50 to 70
years. This option would require additional appropriations of $326,000.
Based upon the analysis, staff recommends that the City move forward with the reinforced
concrete design. As additional funds will be needed, staff recommends transferring $290,000 of
remaining budgeted funds for completed culvert projects and appropriating $36,000 Gas Tax Fund
balance for the remainder. Transfer of the $290,000 takes almost all of the funds carried over into
this Fiscal Year for the culverts within the Capital Outlay Fund. A small amount of the carryover
was left in this Fund in case the City received late invoices for prior culvert work. Five acceptable
bids were received. Staff recommends award to Affholder, Inc.
Item 10aa. Award Contract to Griffith Company to Construct a Sewer Line in Stockdale Hi(~hwav
Between Renfro Road and Allen Road in the amount of $1,919,732. The Stockdale Highway
Sewer Improvement Project will install new sanitary sewer mains in Stockdale Highway between
Renfro Road and Alien Road, replace approximately 3,000 feet of existing sewer force main, and
relieve the pumping cycles at the Boca Del Rio Lift Station. The pump station will run more
efficiently, thereby reducing operating costs and maintenance calls, and problems with odor
control near Allen Road will be improved. Four acceptable bids were received. Staff recommends
award to Griffith Company.
Miscellaneous
Item 10bb. Transfer and Appropriate $3,469,373 Sewer Connection Fund Balance to Sewer Plant
3 Fund Operatinq Budqet to Call Outstandin(3 1997 Sewer Revenue Bonds. In December, 1997,
the City issued $13,590,000 Sewer Revenue Bonds for an expansion of Wastewater Treatment
Plant No. 3, which were set to mature over 9 years. Due to the rapid growth of the City, the
revenue for connection fees has been higher than expected. Staff proposes to call the outstanding
bonds on November 30, 2004.
HEARINGS
Item 1 la. Protest Hearinq for Proposed Assessment District No. 04-1 (AD 04-1, Countryside/The
Homestead/Cherry Hill/Olive Park III). While the hearing was scheduled for this meeting, City-
required back-up documents (improvement bonds) received were insufficient. The City Council will
open the hearing and continue it to October 20.
Agenda Highlights
October 6. 2004
Page 3
Item 11b. Resolution Upholdinq the Decision of the Planninq Commission, Denyinq the Appeal.
Adoptinq the Neqative Declaration, and Aoorovino Vestin(3 Tentative Parcel Map 11052 Generallv
Located on the North Side of Stockdale Hiqhway between the Kern River Canal and Arvin-Edison
Canal Aliqnments. The subdivision consists of 6 parcels for commercial office development on
4.06 acres zoned C-O (Professional and Administrative Office) and A (Agriculture). The site is the
former Cooper's Nursery.
The Planning Commission was concerned about traffic being impeded by turning movements, so
they required turn lanes as a condition of approval. Although City staff did not originally require
right turn deceleration lanes for this project, the Traffic Engineer stated that the deceleration lane
would be beneficial because it would reduce potential conflicts and make the road safer. Mclntosh
and Associates is appealing the decision. Staff recommends upholding the Planning
Commission's decision to adopt the Negative Declaration, conditionally approve the tentative
parcel map, and deny the appeal. In addition, staff recommends an amendment to Section 1.1.6,
which provides for the developer to provide an engineering study to show that the deceleration
lanes are not necessary. If no such study is done and approved, the deceleration lanes will be
installed.
Item 11c. Resolution Upholdinq the Decision of the Planninq Commission, Den¥inq the a~3oeal.
Adoptinq the Neqative Declaration, and Approvinq Vestinq Tentative Tract Map 6347, Generally
Located on the West Side of Alfred Harrell Hi(~hwav, ADproximatelv One-half Mile North of Hiqhway
178. The subdivision consists of 36 lots for purposes of a gated, private street, single-family
development and a lot for a private park, including a request for alternate lot and street design, on
18.96 acres zoned R-1 (One Family Dwelling) and R-1 HD (One Family Dwelling Hillside
Development). The subdivision was approved by the Planning Commission in August, 2004. The
Sierra Club filed their usual appeal. Staff recommends upholding the Planning Commission's
decision to adopt the negative declaration, conditionally approve the tentative tract map, and deny
the appeal.
Item 11d. Resolution Upholdinq the Decision of the Planninq Commission, Denyinq the Appeal,
Adoptinq the Neqative Declaration. and ADorovin(~ VestinQ Tentative Tract Map 6351 Located on
the Southeast Corner of Panama Lane and Ashe Road. The subdivision consists of 256 lots for
purposes of single family development and a sump lot on 82.22 acres zoned R-1 (One Family
Dwelling) including a request for alternate lot and street design. The subdivision was approved by
the Planning Commission in August, 2004. The Sierra Club filed their usual appeal. Staff
recommends upholding the Planning Commission's decision to adopt the negative declaration,
conditionally approve the tentative tract map, and deny the appeal.
DEFERRED BUSINESS
Item 12a. Resolution Upholdinq the Decision of the Planninq Commission, Den¥inq the Appeal,
and Adoptinq the Neqative Declaration for Vestinq Tentative Tract Map 6318, Generally Located
South of Chase Avenue and East of Kern Canyon Road. This item was continued from the
September 8th and September 22'~ Council meetings to allow further review of the applicant's
proposal to have a condition added to this project which would mitigate potential air quality
impacts. Staff is recommending approval of the subdivision.
Agenda Highlights
October 6, 2004
Page 4
NEW BUSINESS
Item 13a. Fiscal Year 2004-05 Budqet Restoration; Road Maintenance and Workem
Compensation Budoet Adiustments. In the City Manager's budget message he indicated there
was a possibility City revenues could gradually rebound in steps if the State left the City alone. An
analysis of recent budget trends is detailed in the administrative report. Based upon that
information, we recommend restoration of seven Police Officers, one Fire Engineer, six Street
Division workers, five Park Maintainers, a Code Enforcement Officer, and the other adjustments as
detailed in the administrative report. In addition, $1.5 million in one-time Transient Occupancy Tax
proceeds would be dedicated to street repair.
Finally, a policy is proposed as discussed at a recent Budget and Finance Committee meeting that
would set aside future one-time revenues for street repairs.
Staff is pleased to be able to bring good budget news forward and hopes e can do so again in
three to four months.
Item 13b. Additional Fee Suooorted Positions for Development Services Department.
Development Services continues to experience a steady increase in construction activity and
needs additional staffing to meet the demand. In order to meet the demand, staff proposes the
addition of four Building Inspectors and one Supervisor to the Building Division, and the restoration
of an Associate Planner to the Planning Division. The costs of these positions are fully supported
by fees and therefore would not adversely impact the General Fund.
Planning will also be bringing forth a proposal for fee adjustments to address costs that are not
currently being recovered by the current application fees. Staff met with the Building Industry
Association (BIA), and they recommend approval.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION: Workshop
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 29, 2004
Overview of Keep America Beautiful Activities
APPROVED
DEPARTMENT HEAD
c,~^~OR.E~
RECOMMENDATION:
BACKGROUND:
G. Raymond Empson, President of Keep America Beautiful will give a brief overview of the activities of the
organization.
September 29, 2004, 11:31AM
S:~Admin Rpts~004\KAB wrkshp 100604.dot
AT:al
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Presentations
TEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 29, 200
DEPARTMENT HEAD~
ATTORNEY~ ~
MANAGER
Presentation by Mr. Bob Beehler, President of San Joaquin Community Hospital, regarding
Hospital update.
RECOMMENDATION:
BACKGROUND:
ndw
September 29, 2004, 2:55PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Closed Session
ITEM: ,~, 0~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 30, 2004
DEPARTMENT HEAD_,
CITY ATTORNEY
APPROVED
CITY MANAGER ~///
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield v. City of Shafter, KCSC Case No. S-1500-CV 253303 NFT
VG:do
S:\COUNCIL\CI Sess~Admins\04-05\10-06~04 ExJstl.doc.dot
September 30, 2004, 2:31PM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~0, (1.
TO:
FROM:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
APPROVED
DEPARTMENT HEAD~--/
DATE:
SUBJECT:
September 24, 2004 CITY ATTORNEY
CITY MANAGER
Approval of minutes of the September 22, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: October 5, 2004 AGENDA SECTION: Consent Calendar
ITEM: [0. ID.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council AP, PROVED
Gregory J. Klimko, Finance Director DEPARTMENT HEAD
September 23, 2004 CITY ATTORN~Y.~/~
CITY MANAGER
a A P JoruO~/tal c~f ~; ,Ps~ rt0 ,m5e2n9t. 4p~yamnedn t ss ef [fo ~ sSl~ ap tnecl~ b; ar ;m0 ~ n2t0s0 ~r toOJ esPet; ~e bjl~E ~r 3'102 ,0P;0 ~n4 t~
September 23, 2004 in the amount of $159,042.69.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,969,572.17
BACKGROUND:
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September 23, 2004, 1:40PM
S:\KimG~Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
IMEETING DATE: October 6, 2004
IAGENDA SECTION: Consent Calendar
ITEM: 15. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 23, 2004 CITY ATTORNEY
CITY MANAGER
Ordinances amending Chapters 5.14, 5.50, and 5.56 of the Bakersfi6J~
Municipal Code relating to cabarets, taxicabs and transient outdoor
businesses.
APPROVED
DEPARTMENTHEAD /~
RECOMMENDATION:
Staff recommends adoption of these ordinances.
BACKGROUND:
These ordinances received first reading at the City Council meeting on September 22, 2004.
Title 5 of the Bakersfield Municipal Code deals with the licensing of numerous types of businesses.
In most cases, these businesses are granted permits, if they meet certain qualifications, by the City
Manager. Any appeal of a denial of a permit is to the City Council.
With regard to cabarets (Bakersfield Municipal Code Chapter 5.14), taxicabs (Chapter 5.50) and
transient outdoor businesses (Chapter 5.56), the proposed ordinances would provide that the Police Chief
(in the case of cabarets and taxicabs) and the Finance Director (in the case of transient outdoor
businesses) would be the party to grant or deny permit applications with appeals, in all three instances,
going to the City Manager.
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S:/COUNCIL~dmins/04-05 Admins\5 l~t 5 50&5.56CabaretsTaxis OutdC~rBusinesses2nd doc
September 23, 2004 - 1:14 PM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council /'1 ~.~ ~AP~ROVEDw
Carroll Hayden, Human Resources Managert-y~ DEPARTMENT HEAD (~/~' '~
September 16, 2004 CITY ATTORNEY
OI MA.AGER
Changes to Salary Schedule and New Job Specification /
1. Amendment No. 8 to Resolution No. 046-02 approving Memorandum of Uno ;rstanding
for employees of the Blue and White Collar Units and adopting salary schedule and
related benefits for Aquatics Maintenance Technician
2. New Job Specification: Aquatics Maintenance Technician
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the new job specification.
BACKGROUND:
The Recreation & Parks Department is requesting the creation of the new Aquatics Maintenance
Technician job classification because of the opening of the McMurtrey Aquatics Center and the Wayside
Wet Playground. In addition, thers are several more wet playgrounds scheduled to be completed within
the next year at Jefferson and Planz Parks. The type of equipment at these new aquatics facilities has
advanced technology which requires specialized skills to maintain.
The salary range established for this position is consistent with other craftworker positions throughout the
City with similar minimum qualifications. There is no budgetary impact as the department will convert an
FTE for an existing Maintenance Craftworker I vacancy to Aquatics Maintenance Technician at the same
salary level.
The new job specification will be presented to the Miscellaneous Civil Service Board at their September
21, 2004 meeting. C.C.A.P.E concurs with the proposed recommendation.
9/16/2004 11:11 AM
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ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION Consent
ITEM: 10.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council A.P~OVED
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
September 21, 2004 CITY ATTORNEY ,~_...~-'"
CITY MANAGER
Resolution Dedicating Right-Of-Way For A Right Turn Lane At Jewetta Aveff~e ,~ f~d The 40
Acre Recreation/Open Space/Water Recharge Area At Jewetta And Stockdale. Ward 4)
RECOMMENDATION: Staff recommends approval of the Resolution.
BACKGROUND The City of Bakersfield owns approximately 40 acres of property at the northeast
corner of Jewetta Avenue and Stockdale Highway. This property is planned to be used for recreation,
open space and water recharge. Castle & Cooke is developing Tract 6250 on the north side of Jewetta
Avenue and will be installing a traffic signal at the intersection of Jewetta and Wincantor Avenue. The
main entrance to the City's facility will be at this signal, so it is desirable to have a right turn lane from
Jewetta into the facility. This dedication requires Council action. Approval of this resolution will allow the
right turn lane to be a part of the dedicated street right-of-way.
mps
September 21, 2004, 2:09PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent
ITEM IO.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council _ __Z~_ _
Development Services - Building DEPARTMENT t./IEAI
September 24, 2004 CITY ATTO~E~
CITY MANAGF-.J
A Resolution of the Council of the City of Bakersfield confirming th a~,.pCoval ~y the
Assistant City Manager of the report of the Chief Code Enforcemen Officer regarding
assessments of certain properties in the City of Bakersfield for which dangerous buildings
have been demolished and authorize collection of the assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on September 13, 2004, by the Assistant City
Manager and all proposed charges were confirmed. The subject properties listed below were
determined by the Building Director to pose an imminent threat to the health and safety of the citizens
of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal
Code Chapter 8.80. The property owners were notified and failed to comply with the Notice of
Summary Abatement. The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 900 E. Planz Road
170-150-04-01-5 $12,179
As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisance listed above
was demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the
City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal
Code. Property owners had been given notice of their right to appear at the hearing on this matter
before the City Manager or his designee and to object to the correctness of the costs incurred by the
City to remove the public nuisance. The Assistant City Manager has approved the assessments
associated with the above mentioned properties
The Council wilt need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
Septelnber 13,B1D HRG
September 24, 2004, 7:46AM
P:~ADMIN. DEMO,Ocb6bld.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION: Consent
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
September 24, 2004
A Resolution of the Council of the City of Bakersfield confirming the appr~/al by the
Assistant City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1, 2, 3,5and7)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on September 13, 2004, by the Assistant City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION
Ward l/Councilmember Carson
APN COST
1. 1906 Brook Street 172-053-24 $ 539.00
2. 1510 S. Chester Avenue 011-391-18 $ 370.00
3. 122 Clyde Street 018-340-07 $ 294.00
4. 3320 Elda Avenue 172-122-27 $ 329.00
5. 811 Hacienda Drive 170-240-35 $ 370.00
6. North of 3610 Hale Street 172-052-08 $ 589.00
7. North of 3415 Horne Street 172-092-08 $ 520.00
8. 3500 Lotus Lane 172-092-34 $ 490.00
9. 3320 Madison Avenue 172-121~26 $ 823.00
September 24, 2004, 7:45AM
P:\ad min repod oct6 bll.doc
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
10. 1008 Maitland Drive
11. 900 Melwood Street
12. 216 & 218 S Owens Street
13. 905 P Street
14. Behind 909 P Street
15. Behind 915 P Street
16. Behind 903 & 909 P Street
17. 1117 E. Planz Road
18. 221 Rodman Street
19. 3415 Shellmacher Avenue
20. 101 S. Union Avenue
21. 701 Union Avenue
22. 903 Watts Ddve
23. 1205 3rd Street
24. 214 ½ E. 5th Street
APN
011-191-08
170-142-21
018-230-08
009-162-13
009-162-12
009-162-10
009-162-11
172-123-03
139-341-10
172-122-13
011-202-29
009-471-14
170-142-04
101-230-31
139-240-12
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
COST
513.00
390.00
419.00
589.00
494.OO
494.00
494.00
444.00
893.00
229.00
393.00
1,039.00
839.00
395.00
490.00
Ward 2/Councilmember Benham
25.
26.
1700 Baker Street
1315 Robinson Street
013-120-11
015-170-17
293.00
429.00
Ward 3/Councilmember MaR.qard
27.
28.
29.
30.
31.
921 Acacia Avenue
3216 Annapolis Ddve
2708 Baylor Street
2408 Eric Way
5805 Fairfax Road
021-232-04
021-241-09
021-402-12
383-290-05
439-090-08
$
$
$
$
$
238.50
445.00
265.00
270.00
644.00
Ward 5/Councilmember Hanson
32. 700 Hogan Way
194-264-09
$ 345.OO
Ward 7/Councilmember Salva,qqio
33, 2400 Marshall Street
023-124-01
$ 583.00
September 24, 2004, 7:45AM
P:\admin repot1 oct6 bi1 doc
ADMINISTRATIVE REPORT Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
September 24, 2004, 7:45AM
P:\adrnin report oct6.bll.doc
ADMINISTRATIVE REPORT
MEETING DATE: October ~, 2004
IAGENDA SECTION:
ITEM: 10.¼,
Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager
September 28, 2004
DEPARTMENT HEAD
ClTY A'I-rORNEY ~
CITY MANAGER
I
Resolution in Support of the Great Valley Center Route 99 Corridor Improvement Guide
RECOMMENDATION: Staff recommends approval of the Resolution.
BACKGROUND: The Highway 99 Task Fome is a collaborative effort focused on the improvement of
the Route 99 Corridor from Kern to San Joaquin Counties, and is comprised of business, community, and
government leaders from jurisdictions throughout the San Joaquin Valley. The Route 99 Corridor Guide
provides practical guidance with the goal of cleaning every mile along the corridor regularly every three
years.
While Highway 99 has been the key economic and transportation corridor of the San Joaquin Valley, it
also represents a common thread of history and culture to the people and communities of the region.
However, in recent decades, it has gradually become more like the Valley's "back alley" than its "main
street."
The Highway 99 Task Force is developing a cohesive approach to transform 280 miles of the Highway 99
corridor into a "Main Street of the San Joaquin Valley." By working together, we can showcase the
unique history and innovative economics of each community, while creating an overall image of the Valley
as an attractive place to live and work, and one with a promising future.
September 28, 2004, 11:39AM
S:',Admin Rpts~2004\Rte 99 Reso 102004.dot
AT:al
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Consent Calendar
ITEM: {0..~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 9, 2004
DEPARTMENTHEAD
CITY ATTORNEY
CITY MANAGER
(Hwy 58, Quantico NE)to~e
Resolution adding territory, Area 4-31
Maintenance District and confirming the assessments, approving the ~-
Director's Report and authorizing collection of assessments by the Kerb
Collector. (Ward 1)
APPROVED
2.onsolidated
'ublic Works
County Tax
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 22, 2004 the Council adopted Resolution of Intention No. 1347 to add
territory, Area 4-31 (Hwy 58, Quantico NE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Parcel Map No. 10949. Area 4-31 is generally
bounded by East Brundage Lane on the north, a line approximately 1320 feet east of Quantico Avenue on
the east, Hwy 58 on the south and the mid-section line of Section 3, T30S, R28E, M.D.B. & M. on the
west. This area will be under the park and streetscape zones of benefit and will be assigned the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the properly described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded with the development of
the property. A copy of this covenant is attached for reference.
dc
September 9, 2004, 2:08PM
S:\PROJECTS\MAINDIST~ADMINRPT~MD4-31_Est 10~6-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA ,SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 9, 2004
Resolution of Intention No. 1348 to add territory, Area 5-13 (E. Belle TerrAce,
NW) to the Consolidated Maintenance District and preliminarily adopting, con!
approving Public Works Director's Report. (VVard 1).
~A~'PROVED
DEPARTMENT HEAD /~...,,/
CITY ATTORNEY.,~.._/, /~//
CITYMANAGER ~/ /
~. Oswell
ming and
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Parcel Map No. 6132 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 5-13 is generally bounded by a line
approximately 1005 feet north of E. Belie Terrace on the north, S. Oswell Street on the east, E. Belle
Terrace on the south and a line approximately 1325 feet west of S. Oswell Street on the west. This area
will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a
park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map. A copy of this covenant is attached for reference.
dc
September 9, 2004, 4:03PM
S:\PROJ ECTS\MAtN DIST~,DMINRPT~MD5-13RiO5,dot
dc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
TEM: t0.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 16, 2004
DEPARTMENT HEAD /~PROVED
CITY ATTORNEY ~-"~
Tract Maps and Improvement Agreements
Final Maps and Improvement Agreements with Centex Homes for Tract 6118
and 5 located north of Olive Drive and west of Old Farm Road. (Ward 4)
CITY MANAGER
Inits 3, 4,
Final Maps and Improvement Agreements with Centex Homes for Tract 6195 Units 1, 2, 3.
and 4 located north of Olive Drive and east of Allen Road. (Ward 4)
Final Maps with ADH Corporation for Tract 6140 Phases 6 and 7 located south of State
Route 58 and west of South Sterling Road. (Ward 1)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
September 16, 2004, 2:55PM
G:\GROUPDAT~ADMINRPT~2004\10-06\MAP AND IMPROVEMENT AGR,doI
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Consent Calendar
ITEM: 10.[,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Gregory J. Klimko, Finance Director DEPARTMENT HEAD~a~'~
CIT ATTOR.E ,: ·
September 21, 2004
CITY MANAGER///~ ~
Amendment No. 1 to Agreement No. 03-314 with Muxlow Construction to extend
agreement for twelve (12) months ($55,000.00 increase, for a revised not to exceed
compensation amount of $110,000.00) for the Economic and Community Development
Department home accessibility program.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: On October 22, 2003, Council awarded the annual contract for the Home Accessibility
Program to Muxlow Construction. The contract allows for a twelve (12) month extension if both parties
agree. Economic and Community Development Department staff has advised that Muxlow Construction
has provided excellent service and is familiar with the City standards and requirements and requests the
extension of the agreement with no price increase.
Funding for the program is provided through the U.S. Department of Housing and Urban Development.
Purchasing Division / Annual Contract - Home Accessibility Program
DW:Ijm
P:~ADMIN~2004 ADMIN\C04_1006_D_Amendment 1_To Agreement 03-314 Extensior~Muxlow Construction.doc
September 22, 2004, 10:04AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM: (0. fY,,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
September 23, 2004
APPROVED
DEPARTMENT HEAD~~:'~,/~-
CITY ATTORNEY
Amendment No. 1 to Agreement No. 03-377 with Jim Alffer Cement Co ~ra~
3r to extend
agreement for twelve (12) months ($700,000.00 increase, for a revised not to exceed
compensation amount of $1,059,000.00) for the Public Works Department HUD Curb,
Gutter and Sidewalks.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: On December 10, 2003, Council awarded the annual contract for HUD Curb, Gutter and
Sidewalks to Jim Alffer Cement Contractor. The contract allows for a twelve (12) month extension if both
parties agree. Public Works Street Maintenance Division staff has advised that Jim Alfter Cement
Contractor has provided excellent service, is familiar with the City standards and requirements, and
requests the extension of the agreement with no price increase.
Funding for the program is provided through the U.S. Department of Housing and Urban Development.
Purchasing Division / Annual Contract - HUD CURS, GUTTER & SIDEWALK
DW:ljm
P:~ADMIN~004 ADMIN\C04_1006_F_Amendment 1 _To Agreement 03-377 Extension-Jim Alffer Cement Contractor.doc
September 23, 2004, 10:05AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION: Consent Calendar
ITEM: JO. I~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 20, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~.
Amendment No. 2 to Agreement No. 03-182 with Krazan & Associates, I
for a total not-to-exceed compensation clause of $550,000) for Material Testin<
Various Construction Projects, Fiscal Years 2003-04 and 2004-05.
AP ,~OVE D
~01,078.75
;ervices for
RECOMMENDATION: Staff recommends approval of amendment
BACKGROUND: Agreement No. 03-182 with Krazan & Associates, Inc. was approved by the City
Council on June 25, 2003 with a not to exceed compensation clause of $258,075. The amount of
compensation was estimated based upon 1) previous years' contracts for testing, 2) projected amount of
testing needed for the CIP budget years covered, and 3) current and projected hourly rates of the
laboratories and technicians.
Amendment No. 1 to this agreement was approved by Council on January 28, 2004. Because of the City's
budget crisis at the time, Krazan & Associates voluntarily offered to lower their hourly rate for field
technicians from $65/hour to $63/hour. This resulted in a revised lower total compensation of $248,921.25.
In fiscal year 2003-04, the Wastewater Treatment Plant No. 2 Effluent Storage Pond Improvements project
required significantly more soils testing than what was budgeted due to the oversight testing requirements
of the State Safety of Dams Division. In addition, the Resurfacing Various Streets Fiscal Year 2003-04
project was not anticipated to be constructed this fiscal year and was not included in the Material Testing
Services estimate. These occurrences and additional testing requirements of other projects will result in
the depletion of the contract compensation well before the expiration of the agreement.
This amendment adjusts the total compensation to $550,000. Funding for this amendment will be from
budgeted Capital Improvement Projects.
September 20, 2004, 9:11AM
G:\GROUPDA'nADMINRPT~2004\10-06~'nend 2 Ag 03-182.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
TEM: 10. O,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
September 20, 2004 CITY ATTORNEY :/~
CITY MANAGER
Amendment No. 4 to Agreement No. 00-174, $40,000 (for a revised to~/coml
clause of $215,000) with T. W. Collins Associates for On-call Inspection Se.t
Various Construction Projects (All Wards).
APPROVED
DEPARTMENT HEAD ,/~
~n~sation
vices for
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Throughout the year, the demand for Public Works construction inspection services,
both for subdivisions and Capital Improvement Projects, exceeds staff resources. Agreement No. 00-174
with T. W. Collins Associates was approved by Council on June 28, 2000. This agreement was for the
consultant to provide construction inspection services for Public Works projects for the following two fiscal
years.
Amendment No. 1 to Agreement 00-174 was approved by Council on June 26, 2002 which extended the
period of the agreement six months and provided for an increased hourly rate. Amendment No.2 extended
the period of the contract to December 31, 2003. The extension was needed due to the poor response to
a May, 2002 Request for Qualifications for On-call inspection services. The hourly rate increase reflected
cost-of-living increases, inflation, and current market conditions since June, 2000. Amendment No.3
extended the period of the agreement to December 31, 2004.
Mr. Collins is currently providing supplemental inspection services to Parsons Brinckerhoff, the
Construction management firm for the White Lane and SR99 widening Project. Since this project will
exceed the original schedule and since it is advantageous for the City to maintain the same inspection
personnel to an on-going construction project, this amendment will increase the compensation by
$40,000.00 (revised total contract amount $215,000.00). It should be noted that the reason for the delay to
the construction schedule is in part due to the errors and omissions in the plans by the design consultant
(URS Corp). Based on this, it is the intent of Staff to recoup those inspection costs in this amendment
required by the portion of the delay caused by the designer's mistake(s).
Funding for this agreement will be paid by the White Lane and SR99 Bridge Widening Project, and no
additional appropriations are anticipated.
sip
September 22, 2004, 3:21PM
G:\GROUPDA'IAADMIN RPT~2.004\10-06~Amend 4 agree 00-174.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent
ITEM: II~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ~~pROVED
/ //~'
Development Services - Planning DEPARTMENT H~AD .~,/_~
~mendment ~o 2 to A~roemant 03-~54 with ~affa Intomational for $50,000 f~ commercial
plan check se~ices for a rovised contract amount of $~0,000.
RECOMMENDATION:
Staff recommends the City Council approve the contract amendment.
BACKGROUND:
On November 19, 2003, Council approved amendment number one to agreement No. 03-154 with
Naffa International to plan check commercial and residential plans. Building activity continues at
record levels and the outsourcing of a portion of commercial plans is necessary in order to
maintain minimum service levels.
MAD
P:\Building\plan checking\Naffa Admin No 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION: Consent
ITEM: ID,
U
TO:
FROM:
DATE:
SUBJECT:
for document file conversion to Laser Fiche or Micro Fiche Formats for a total cot
amount of $420,000.
Honorable Mayor and City Council //..~,~VED
Development Services - Planning DEPARTMENT HE~__~.~
September 27, 2004 CITY ATTORNE"~'""~j~2~)~
CITY MANAGER ~-
Micro I " '~
Amendment no. 4 to agreement 01-166 with Delta maging n the amo,~'nt o 30,000
tract
RECOMMENDATION:
Staff recommends approval of the amendment of the agreement.
BACKGROUND:
The Building Division has funds budgeted for the on going conversion of building plans and specs
into Laser Fiche file format. The back file conversion of existing materials has been completed and
these funds are to address the conversion of new materials related to the ongoing construction
activity That are submitted as part of the building permit process.
MAD
Admin\oct\10-6-dmiagree
ADMINISTRATIVE REPORT
I MEETING DATE: October 6, 2004 AGENDA SECTION: Consent
TEM: [0. ~',
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
September 24, 2004 CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 99-9 between the City of Bakersfield §nd
Randall, a sole proprietor doing business as Noreiga House regarding repaym
economic development loan. (Ward 2)
A_EREOVED
DEPARTMENT HEA~.~.
Jen3t
nt of
RECOMMENDATION:.
Budget and Finance Committee recommends approval.
BACKGROUND:
On September 20, 2004 the Budget and Finance Committee recommended restructuring the remaining
loan balance of $11,400 which was to be repaid at 0% interest no later than January 13, 2004, to a fully
amortized loan to be repaid in four annual installments at 5% interest on the outstanding balance, with the
first annual payment to be made on January 13, 2005.
Agreement 99~9 between the City of Bakersfield and Noriega House provided a $22,800 loan to the
Noriega House. The loan was structured in two tiers. Tier One, $11,400 would be forgiven when the
Noriega House complied with the terms of the agreement, including specific hiring requirements, for each
of the loan's five years. In June of 2004, the Noriega House provided the City with the verification of their
specific hiring accomplishments. Staff determined the Noriega House exceeded the hiring requirements
under Tier One for the loan's five year term and staff initiated a ministerial action to forgive the Tier One
portion of the loan on July 8, 2004.
Tier Two comprised of the remaining $11,400, would be repaid at 0% interest no later than January 13,
2004. In February 2004, the Noriega House requested the Tier Two remaining balance be forgiven due to
unanticipated expenses incurred in the rehabilitation of the structure and the limited current operating cash
flow of the business to support the refinancing of this loan. The City staff evaluated the request and
recommended to the Budget and Finance Committee an option that will allow for total repayment of the
remaining debt of $11,400 in four annual installments with interest accruing at 5% per annum on the
outstanding balance. The Budget and Finance Committee unanimously approved staff's recommendation.
J:~Admins\City Council\NodegaHouseamendment.doc
9/24/2004 11:46 AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION Consent Calendar
ITEM: 10,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
CITY ATTORNEY "~' --
September 24, 2004
CITY MANAGER ~
Amendment No. 1 to Agreement No. 03-189 ($13,650, for a revisE~d" not to exceed
compensation clause of $224,750) with Aquatic Design Services, Inc. (Ward 2).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND On June 25, 2003 the Council awarded the design contract for Jefferson Park Pool and
Martin Luther King Jr. Park Pool Rehabilitation to Aquatic Design Group, Inc. Their work included the
design of Wet Play Areas adjacent to each pool. After building Wayside Park Wet Play Area, Public Works
Design Engineering reviewed the plans submitted for Jefferson Wet Play. Staff found they were not in
conformity with the desires of Recreation and Parks to have one manufactured system that was
interchangeable with all future wet play area designs. Therefore staff has requested Aquatic Design
Group, Inc. to modify their plans to incorporate the Vortex Splashpad equipment.
Sufficient funds are budgeted to cover the cost of this Amendment.
WGM PW/ENG R
September 27. 2004, 11:29AM
G:\GROUPDAT~.DMINRPT',2004\10-06',Amend No. 1 Ag. 03-189 (Aquatic Design Group).doc
ADMINISTRATIVE REPORT
MEETING DATE October 6, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: September 15, 2004 CITY ATTORNEY
#//
SUBJECT: Accept bid from HP_S. Mechanical, Inc: in the amount of $162,743.84 for//c/onsCuction
the" Coffee Road Waterline Tie-in for the Water Resources Department, (Ward Numbe~' 4)
of
RECOMMENDATION: Staff recommends acceptance of Iow bid.
BACKGROUND: This project will tie together two existing dead end water main lines on Coffee Road
at the Friant Kern Canal Bridge crossing in order to boost the water supply to northwest Bakersfield.
A bid protest was received from a non-bidder. The protest had allegations as to the Iow bidder not
being a "responsible contractor". However, there was no evidence or information to substantiate the
claim. The Iow bidder, HPS Mechanical, Inc., provided a response to the protest letter, stating that
the representations made by the protest letter are unfounded. HPS Mechanical, Inc. has been
awarded several contracts with the City, and has performed in a satisfactory manner.
Five bids were received on September 15, 2004 for this project, as follows:
HPS Mechanical Inc.
3100 East Belle Terrace
Bakersfield CA 93307 ............................................................. in the amount of: $162,743.84
W. M. Lyles Company
P.O. Box 1477
Fresno CA 93744 (Out of County) ............................................. in the amount of: $192,489.00
Griffith Company
1898 South Union Ave
Bakersfield CA 93307 ............................................................. in the amount of: $193,192.00
September 24! 2004, 9:20AM
ADMINISTRATIVE REPORT
Nicholas Construction Inc
1975 Airport Drive
Bakersfield, CA 93308 ............................................................ in the amount of: $244,201.00
Becka Construction Inc.
5400 Rosedale Hwy. Suite 7B
Bakersfield, CA 93308 ............................................................ in the amount of: $331,330.00
September 24~, 2004, 9:20AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM:
r
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
APPROVED
September 13, 2004
CITY MANAGER
Accept bid to award annual contract to Granite Construction Company, not to
budgeted amount of $1,500,000, for street materials.
DEPARTMENT HEAD ~
CITY ATTORNEY
/
xceed the
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract is used to provide asphalt material for repair of city streets. Invitations to
bid were sent to ten (10) vendors. Three (3) bids were received. Departments estimate quantities and
types of supplies that may be required for the contract year. Staff requests the award be made to Granite
Construction, the Iow bidder, as shown on the attached bid recap.
Purchasing Division
DW:pjd
P:~ADMIN~004 ADMIN\C04_1006_E_Street Materials.doc
September 22. 2004.9:59AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
September 20, 2004
APPROVED
DEPARTMENT HEAD ,,,'~5 ~,~ ,~'~--*
CITY ATTORNEY
CITY MANAGE~-~' ~/
/
SUBJECT: Accept bid from Jim Burke Ford $112,669.34, for one (1) replacement ~a'ter tr~'ck for the
Solid Waste Division of Public Works.
/
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to forty-three (43) vendors. Seven (7) bids were received,
as follows:
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
Sterling/
McLellan
(City) in the amount of $112,669.34
Gibbs International
3525 Buck Owens Boulevard
Bakersfield, CA 93308
International/
McLellan Equipment
(City) in the amount of $113,680.71
Gibbs International
3525 Buck Owens Boulevard
Bakersfield, CA 93308
International/
Klein
(City) in the amount of $115,864.32
Bakersfield Truck Center
8140 Golden State Avenue
Bakersfield, CA 93380
Freightliner/
McLellan Equipment
(County) in the amount of $116,165.41
Carmenita Truck Center
1 3443 East Freeway Drive
Santa Fe Springs, CA 90670
Steding/
Klein
in the amount of
$118,853.38
Gibbs international
3525 Buck Owens Boulevard
Bakersfield, CA 93308
International/
T & B Sales
(City) in the amount of $123,328.92
Carmenita Truck Center
13443 East Freeway Drive
Santa Fe Springs, CA 90670
Sterling/
T & B Sales
in the amount of
$123,357.88
Purchasing Division
DW:Ijm
P:~ADMIN',2004 ADMIN\C04_1006_A_Water Truck. doc
September 2I, 2004, 9:33AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
TEM: ID. u3.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Gregory J. Klimko, Finance Director DEPARTMENT HEAD....C~5' ~,J~
September 21, 2004 CITY ATTORNEY/~-~'~ ~_~ ~-~" ~
CITYMANAGER ,/~/~////
Accept bid from Jim Burke Ford $614,020,74 for twenty-seven (27) replacement Police
Special Sedans.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: In FY 2004-2005 budget, the replacement of twenty-seven (27) police special sedans
was approved in the Equipment Replacement Fund.
Invitations to bid were sent to seventeen (17) dealers. Four (4) bids were received, as follows:
Police SpecialSedans
Black &White
24 each
Police Special Sedans
Administrative
3 each
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
With 1% Sales Tax consideration
Barber Ford
3440 East Main Street
Venture, CA 93003
Ramsey Street Ford
1585 West Ramsey Street
Banning, CA 92220
Wondries Fleet Group
1247 West Main Street
Alhambra, CA 91801
(City) 545,318.88]
$545,662.32
$557,047.44
$569,025.60
$68,468.40
$70,663.77
$71,893.95
Purchasing Division
DW:Ijm
P:~ADMIN~004 ADMtN\C04_1006_C_Police Special Sedans.doc
September 21, 2004. 10:23AM
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM: [O,Y.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Gregory J. Klimko, Finance Director DEPARTMENT HEAD~~.
September 21, 2004 CITY ATTORNE<Yjr-~/).~_~__ /
ClTYMANAGER ~/,///
Accept bid from Jim Burke Ford $39,651.21 for three (3) replacement Mid'Size ~edans (2
for Development Services, 1 for Code Enforcement).
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: In FY 2004-2005 budget, the replacement of three (3) mid size sedans was approved in
the Equipment Replacement Fund.
Invitations to bid were sent to seventeen (17) dealers. Four (4) bids were received, as follows:
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
Barber Ford
3440 East Main Street
Venture, CA 93003
Ramsey Street Ford
1585 West Ramsey Street
Banning, CA 92220
Motor City Commemial
Truck Center
5800 Wible Road
Bakersfield, CA 93313
(City) in the amount of ~
in the amount of
$45,038.58
in the amount of
$45,294.87
(City) in the amount of $47,797.95
Purchasing Division
DW:Ijm
P:~ADMIN~004 ADMIN\C04_1006_B_Mid Size Sedans,doc
September 21, 2004, 10:27AM
ADMINISTRATIVE REPORT
IMEETING DATE: October 6,2004
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 23, 2004
SUBJECT:
AGENDA SECTION Consent Calendar
ITEM: [0, 4'
DEPARTMENT HEAD )~_~P~.ROVED
CITY ATTORNEY .~
CITY MANAGER
Canal Culvert Improvements, So. Chester Ave. at Kern Island Canal 0Nard 1):
1. Accept bid to award contract to Affholder, Inc ($359,860)
2. Transfer $290,000 savings from completed culvert projects to this project within the
Capital Outlay Fund.
3. Appropriate $36,000 Gas Tax Fund Balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of
transfer and appropriation.
BACKGROUND: In November 2003 this culvert was inspected and immediate repairs were made as
follows:
The northerly of the two arch culverts had rebar and gunite applied to approximately the first 20 feet of
the inlet side of the culvert. The remainders of both culverts were sand blasted and painted with a rust
resistant paint.
The CIP Budget for this project was based on applying an elastomeric polyurethane coating to the entire
surface of both barrels at an estimated construction cost of $106,000. From research on elastomeric
polyurethane coatings, the coating would only protect the interior of the culvert and provide only a 20 year
manufacturer's warranty using a 60 mil coating.
Staff has also investigated installing a cast-in-place liner with rebar and gunite. Using a 9" reinforced
concrete design the City could expect a typical life span for this liner of 50 to 70 years. This option would
require additional appropriations of $326,000.
Based upon the analysis, staff recommends that the City move forward with the reinforced concrete
design. As additional funds will be needed, staff recommends transferring $290,000 of remaining
budgeted funds for completed culvert projects and appropriating $36,000 Gas Tax Fund balance for the
remainder. Transfer of the $290,000 takes almost all of the funds carried over into this Fiscal Year for the
culverts within the Capital Outlay Fund. A small amount of the carryover was left in this Fund in case the
City received late invoices for prior culvert work.
The Engineer's Estimate for construction cost for this project is $437,000.
September 27, 2004, 12:04PM
G:\GROUPOAT~ADMINRPT~2004H0-06\Canal Culvert Improvements.doc
ADMINISTRATIVE REPORT
Five acceptable bids were received on September 23, 2004 as follows:
Affholder, Inc.
12458 Gladstone Avenue
Lakeview Terrace, CA 91342
(out of town)
in amount of
Granite Construction Company
James Road
Bakersfield, CA 93308
$359,860.00
Griffith Company
1896 So. Union Avenue
Bakersfield, CA 93307
(County) in amount of $362,600.00
Superior Gunite Company
12306 Van Nuys Blvd.
Lakeview Terrace, CA 91342
(City) in amount of $375,870.00
in amount of
Southwest General Engineering
3625 Placentia Lane
Riverside, CA 92501
(out of town)
in amount of
(out of town)
$409,986.00
$469,000.00
September 27, 2004, 12:04PM
G:\GROUPDAT'~ADMINRPT~2004\10-06\Canal Culvert [mprovements,dcc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM: [0.7...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ~
,tV
Raul Rojas, Public Works Director DEPARTMENT HEAD~
September 23, 2004 CITY ATTORNEY /'/~,-~'"'
CITY MANAGER
Accept bid to award contract to A-C Electric for $74,498.50 for Traffic Signal and ~ighting
Installation at Buck Owens Boulevard and Rio Mirada Drive. (Ward 5)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The project consists of installing a traffic signal, lighting system, pavement markings,
striping and signage at the intersection of Buck Owens Boulevard at Rio Mirada Drive. The project is
funded entirely with Gas Tax Funds.
On September 22, 2004, two acceptable bids were received as follows:
A-C Electric Company
315 30th Street
Bakersfield, California 93303 (City)
in the amount of
$74,498.50
Loop Electric
7040 Downing Ave
Bakersfield, California 93308 (County)
in the amount of
$75,O49.35
RLT - PW/Engineering
September 23, 2004, 2:09PM
G:\GROUPDAT'tADMINRPT'~2004\I0-06\Buck Owens Rio Mirada.doca
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Consent Calendar
ITEM: [I;). e.&,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
September 23, 2004 CITY A'FrORNEY ~/~')'"-
Accept bid to award contract to Gdffith Company ($1,919,732) to construcf'-~ewe/line in
Stockdale Highway between Renfro Road and Allen Road. (Ward 4)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The Stockdale Highway Sewer Improvement Project will install new 18 inch diameter
and 24 inch diameter sanitary sewer mains in Stockdale Highway between Renfro Road and Allen
Road. The project will replace approximately 3000 feet of existing sewer fome main and relieve the
pumping cycles at the Boca Del Rio Lift Station. The pump station will run more efficiently, thereby
reducing operating costs and maintenance calls, and problems with odor control near Allen Road will
be improved with this project. The Engineers Estimate for this project is $2,197,808. The amount of
project funds available in the Sewer Enterprise Fund for this project is $2,452,678. The City held a
General Contractor Pre-Qualification process in May and June of this year. Twelve (12) General
Contractor firms were certified as Final Bidders for this project.
Four acceptable bids were received on September 21,2004 as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307
(City) in amount of $1,919,732.00
Floyd Johnston Construction Co.
2301 Herndon
Clovis, CA 93611
in amount of
$2,287,463.50
HPS Mechanical, Inc.
3100 E. Belie Terrace
Bakersfield, CA 93307
(City) in amount of $2,423,361.35
Vadnais Corporation
9164 Rehco Road
San Diego, CA 92121
in amount of
$2,963,098.00
REB - PW/Engineering
September 23, 2004, 9:02AM
G:\GROUPDAT'~DMINRPT'~.004\10-06\Stockdale Hwy Sewer Project.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Consent Calendar
ITEM: [0. t~lo.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Gregory J. Klimko, Finance Depadment DEPARTMENT HEAD
September 17, 2004 CITY ATTORI~Y
CITY M ANAGE~"~'''
/
Transfer and appropriate $3,469,373 Sewer Connection Fund balance to Server Plant 3
Fund operating budget to call outstanding 1997 sewer revenue bonds.
RECOMMENDATION:
Staff recommends the transfer and appropriation to call revenue bonds.
BACKGROUND:
On December 18, 1997 the City issued $13,590,000 Sewer Revenue Bonds for a 4 MGD expansion of
Wastewater Treatment Plant No. 3. The bonds were set to mature over nine years with approximately
½ MGD capacity to be absorbed annually through community growth. The City has received connection
fee revenue higher than anticipated due to accelerated growth. Staff proposes to call the outstanding
bonds on November 30, 2004. The principal outstanding is $1,700,000 @ 4.45% due 9/15/05 and
$1,780,000 @ 4.50% due 9/15/06 plus a 1% call premium of $34,800 less $45,424 interest savings from
December 1, 2004 to March 15, 2005 and $157,975 interest savings thereafter.
klg
S:\KimG\Gregory~Admin-TransAppropSewConnFund.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~0,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 29, 2004
Maintenance Districts - Service and Costs
APPROVED
DEPARTMENT HEAD
c,~ A~OR. ~E~_~,
C,~ MA. ACER ~.~ ~
RECOMMENDATION:
Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
Staff has initiated an analysis of the fee structure for park and landscape maintenance districts to identify
possible options for easing the City's increased cost burden. Staff recommends that this issue be further
discussed at the Committee level.
September 29, 2004, 12:28PM
EIA Awards
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Hearings
ITEM: I~. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 17, 2004
CITY MANAGER
Protest Hearing for proposed Assessment District No. 04-1 (AD 04-1,
Homestead/Cherry Hill/Olive Park III): (VVard 4)
DEPARTMENT HEAD ~.OVED
C, ATTORNE¥ r
~side/The
RECOMMENDATION: Staff recommends opening hearing and continuing it to October 20, 2004.
BACKGROUND: On August 18, 2004, Council approved the Preliminary Engineer's Report and
scheduled the hearing for October 6, 2004 at 5:15 P.M. to hear public protest. The Final Engineer's
Report is adopted after the hearing, but Castle & Cooke California Inc. requested additional time since
Tract No. 6118 (Phase 3, 4 and 5) and Tract No. 6195 (Phases 1, 2, 3 and 4) were not put on the City
Council agenda for September 22. This was due to insufficient back-up documentation (improvement
bonds) required by the City. Actually, since the hearing has been scheduled for October 6, the City
Council will open the hearing on October 6 and continue it to October 20. Bond Counsel said this could be
done by continuance of the hearing so the developer could get their maps recorded by the October 6,
Council meeting. The hearing will reconvene October 20, 2004.
September 17, 2004, 9:02AM
G:\GRQUPDAT~ADMINRPT~2004\10-06\ad04-1hrgcont.dot
JAS
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION: Hearings
ITEM: ii. b"
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Development Services - Planning DEPARTMENT HEAD
September 20, 2004 CITY ATTORNEY
CITY MANAGER
Resolution upholding the decision of the Planning Commission, amen~in, g'/the ;ondition
concerning right-turn lanes, adopting the Negative Declaration and approvin Vesting
Tentative Parcel Map 11052 generally located on the north side of Stockdale Highway
between the Kern River Canal and Arvin-Edison Canal alignments. (AppellantJEngineer:
Mclntosh and Associates / Subdivider: Castle and Cooke CA, Inc.) (Ward 4)
RECOMMENDATION:
Staff recommends upholding the Planning Commission's decision to approve with an amendment to
condition 1.1.6, adopt the negative declaration and Vesting Tentative Parcel Map 11052, and deny
the appeal.
BACKGROUND:
On August 5, 2004, the Planning Commission conditionally approved Vesting Tentative Parcel Map
11052. The subdivision consists of 6 parcels for commercial office development on 4.06 acres
zoned C-O (Professional and Administrative Office) and A (Agriculture). The project site is
generally located on the north side of Stockdale Highway between the Kern River Canal and Arvin-
Edison Canal alignments. The site is the former Cooper's Nursery.
Mclntosh and Associates appealed the Planning Commission's decision to require right turn
deceleration lanes along Stockdale Highway for Parcels 3 and 4 and Parcels 5 and 6 of this
subdivision. Stockdale Highway is classified as an arterial street. Arterials are used primarily by
through traffic, with a minimal function to provide access to abutting property. For that reason, the
number of driveways were limited on this property.
For this project, the original conditions of approval, recommended by City staff, did not contain a
requirement for right turn deceleration lanes. Right turn deceleration lanes are required by policy
unless an analysis of development shows they are not needed because of very Iow trip generation.
No such analysis was available for Planning Commission review so to assure that disruption to
Stockdale Highway traffic would be minimized, the Commission made it clear its approval would
ADMINISTRATIVE REPORT Page 2
require deceleration lanes. The Planning Commission added the requirement at the public hearing.
Steve Walker, City Traffic Engineer indicated that the criteria for requiring a right deceleration lane
from an arterial or collector relates to threshold numbers for the number of trips generated by the
site during peak hours. The City's Traffic Engineer stated that the deceleration lane would be
beneficial to the driving public because it will reduce potential conflicts and make the road safer.
In addition to the deceleration lanes being desirable from a safety standpoint, the General Plan
policies support provision of deceleration lanes at this location. General Plan, Circulation Element -
Design Policy No. 6 requires that a developer, "Design and locate site access driveways to
minimize traffic disruption where possible considering items such as topography, past parcelization
and other factors." In this instance, the amount of traffic experienced on Stockdale Highway is an
"other factor" which should be considered in the determination of whether to require the
deceleration lane. The standards used by the City's Traffic division in determining whether
deceleration lanes are necessary are based on expected traffic generated by the proposed use.
General Plan, Circulation Element - Design Policy No. 7 states that a developer shall, "Minimize
direct and uncontrolled property access from arterials." The requirement for deceleration provides
controlled access from this arterial street.
Staff recommends upholding the Planning Commission's decision by amending condition 1.1.6 to
reflect the policy that the right-turn deceleration lanes shall be required unless a traffic study of
development proposed for the mapped area demonstrates to the satisfaction of the traffic engineer
that they are not warranted, to adopt the Negative Declaration, conditionally approve the tentative
parcel map and deny the appeal.
LP
Admin\oct\10-6-11052
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: Hearings
ITEM: II. 4.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
September 29, 2004 CITY ATTORNEY
CITY MANAGER
Resolution upholding the decision of the Planning Commission, denying the
adopting the Negative Declaration and approving Vesting Tentative Tract Map 63 ~.7
north of Highway 178 along the west side of Alfred Harrell Highway.(Appeltant: Sierra
Club / Engineer: Porter Robertson / Subdivider: Gaskill Homes) (Ward 3)
APPROVED
DEPARTMENT HEAD ~
RECOMMENDATION:
Staff recommends upholding the Planning Commission's decision to approve and adopt the
negative declaration and Vesting Tentative Tract Map 6347, and deny the appeal.
BACKGROUND:
On August 19, 2004, the Planning Commission conditionally approved Vesting Tentative Tract Map
6290. The subdivision consists of 36 lots for purposes of a gated private street single family
development and a lot for a private park, including a request for alternate lot and street design, on
18.96 acres zoned R-1 (One Family Dwelling) and R-1 HD (One Family Dwelling Hillside
Development). The project site is located on the west side of Alfred Harrell Highway, approximately
one-half mile north of Highway 178.
The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision stating
the biological report is insufficient relative to the blunt-nosed leopard lizard (BNLL), cumulative
impacts on traffic and air quality were not adequately addressed and an Environmental Impact
Report should be prepared. See Background Material Attachment # 1.
Mr. Nipp spoke at the Commission meeting in opposition to the project, and submitted a letter to
the Planning Commission. Staff prepared a response to Mr. Nipp's letter to the Planning
Commission. These items are included in the Background Material as Attachment # 2. There were
no other speakers in opposition.
A consultant with expertise in biota prepared the "Biological Assessment" in accordance with
professional standards. The field survey done for BNLL was in accordance with accepted protocol
of the California Fish and Game. No BNLL were seen on the project site during the surveys.
The 36 lot project is well below the 152 lot threshold for Reactive Organic Gas (ROG) and Nitrogen
Oxides (NOx) as listed in the San Joaquin Valley Air Quality Pollution Control District's (APCD)
"Guide for Assessing and Mitigating Air Quality Impacts" (Guide) that triggers preparation of an air
ADMINISTRATIVE REPORT Page 2
quality study. The District has indicated that it is reasonable that if a project does not meet the
threshold, there would also be no cumulative impacts. Pollution from this project was taken into
consideration in previous environmental analysis which took into account that this area would be
urban. This analysis was completed for the Metropolitan Bakersfield General Plan Final
Environmental Impact Report which identified the amount of urbanization and resultant air pollution
which would be generated within the general plan area.
Cumulative traffic impacts have been addressed with the adoption of the Regional Transportation
Impact Fee, which this project will pay. The 36 lot tract will generate approximately 344 total trip
ends which will have limited impact onto Alfred Harrell Highway. Street improvements along Alfred
Harrell Highway and the turning movements in/out of the tract shall be constructed to City
standards. Staff is of the opinion that, the cumulative traffic impact is less than significant.
Conclusion:
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Initial Study/Negative Declaration (Background Attachment #3) recommended
for approval for this project. Staff recommends upholding the Planning Commission's decision to
adopt the negative declaration, conditionally approve the tentative tract map and deny the appeal.
JE
Admin\oct\10-6-6347
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Hearings
ITEM: Il.&.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council .....~PP~ROVED
Development Services - Planning DEPARTMENT HE.,AO'" ,~"
September 20, 2004 oIN A
CITY MANAGER///~/
Resolution upholding the decision of the Planning Commission, denying the'a~peal~
adopting the Negative Declaration and approving Vesting Tentative Tract Map 635~1
located on the southeast corner of Panama Lane and Ashe Road. (Appellant: Sierra
Club / Engineer: Maurice Etchechury / Subdivider: G.L Vanherweg & Old River Land
Co.) (Ward 6)
RECOMMENDATION:
Staff recommends upholding the Planning Commission's decision to approve and adopt the
negative declaration and Vesting Tentative Tract Map 6351, and deny the appeal.
BACKGROUND:
On August 19, 2004, the Planning Commission conditionally approved Vesting Tentative Tract Map
6290. The subdivision consists of 256 lots for purposes of single family development and I sump
lot on 82.22 acres zoned R-1 (One Family Dwelling) including a request for alternate lot and street
design. The project site is located on the southeast corner of Panama Lane and Ashe Road
The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision stating
the cumulative impacts to air quality, biological resources and traffic are significant. Mr. Nipp is of
the opinion the air quality study is flawed in its cumulative analysis, and that the conversion of land
from agricultural uses is incorrectly used in the air quality model. In addition, he suggests a traffic
study be prepared to evaluate cumulative traffic impacts and that an Environmental Impact Report
should be prepared. See Attached Letter.
Mr. Nipp spoke at the Planning Commission hearing in opposition to the project. The applicant
spoke in favor of the project and agreed to the conditions of approval. There were no other
speakers.
The San Joaquin Valley Unified Air Pollution Control District submitted correspondence that
concurred with the conclusions of the air quality study (CD Background Material). The District
submitted an additional letter clarifying their position that it is correct to consider the emissions of
the existing use (in this case, agriculture) in the air quality study. Thus, Mr. Nipp's opinion that the
study was incorrectly prepared is not substantiated.
ADMINISTRATIVE REPORT Page 2
WZl, Inc., consultant, prepared the "Air Quality Impact Study for Tentative Tract Map 6351," (July
2004) (CD Background Material, included in the Initial Study) in accordance with the Southern San
Joaquin Valley Unified Air Pollution Control District's (APCD) "Guide to Assessing and Reducing
Air Quality Impacts, (GAMAQI) January 10, 2002 version." The study included analysis of
construction-related, project-related mobile source, and area source emissions. Total project
emissions are 5.82 tons/year for Reactive Organic Gases (ROG) and for 4.83 tons/year Nitrogen
Oxides (NOx). These levels are less than the APCD's 10 tons per year threshold. Mitigation
measures for construction equipment exhaust, fugitive dust, and mobile source emissions were
incorporated into the project as conditions of approval.
JE
Admin\oct\10-6-6351
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004 AGENDA SECTION: Deferred Business
ITEM: 17... ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Development Services - Planning DEPARTMENT HEAD
September 29, 2004 CITY ATTORNEY
CITY MANAGER
Resolution upholding the decision of the Planning Commission, denying th)'lapl:
adopting the Negative Declaration and approving Vesting Tentative Tract Map~ 315
generally located south of Chase Avenue and east of Kern Canyon Road (Stale Route 184).
(Appellant: Sierra Club/Engineer: Cornerstone Engineering / Subdivider: Arnold & Vicki
Young) (Ward 3)
RECOMMENDATION:
Staff recommends upholding the Planning Commission's decision to approve and adopt the
negative declaration and Vesting Tentative Tract Map 6318, and deny the appeal.
BACKGROUND:
This item was continued from the September 8, 2004 and September 22, 2004 City Council
meetings to allow further review of the applicant's proposal to have a condition added to this
project which would mitigate potential air quality impacts.
Although the project falls below the threshold for requiring an air quality impact study established
by the San Joaquin Valley Air Quality Control District, for single family residential units (152 units),
an air quality impact study prepared by W.Z.I., Inc. (dated September 2004), indicates that the
impacts of this project fall significantly below all air quality standards.
On July 1, 2004, the Planning Commission conditionally approved Vesting Tentative Tract Map
6318. The subdivision consists of 100 lots for purposes of single family development on 29.87 acres
zoned R-1 (One Family Dwelling) zone. The project site is generally located south of Chase
Avenue and east of Kern Canyon Road.
The Sierra Club filed an appeal obiecting to the Planning Commission's approval of the zone
change and Negative Declaration (Background Attachment #1), requesting an Environmental
Impact Report (EIR) be prepared. The Sierra Club's appeal letter (Background Attachment #2)
states that cumulative impacts to air quality, biological resources and traffic have not been
ADMINISTRATIVE REPORT Page2
adequately addressed. The Sierra Club is of the opinion that the General Plan Update EIR contains
little specific information on cumulative impacts. The Sierra Club is requesting a full EIR containing
further biological studies and a traffic study to analyze these impacts.
During the Planning Commission's June 3, 2004 public hearing, the Sierra Club presented a letter
addressing several issues including those which are contained in their appeal letter to the City
council. The project was continued to the July 1, 2004 Planning Commission meeting to allow the
developer and staff to address neighborhood concerns regarding traffic circulation. Prior to bringing
the project back before the Planning Commission for the July 1, 2004 Planning Commission
meeting, these traffic circulation issues were resolved to the satisfaction of the residents of the
adjoining neighborhood.
For the June 3, 2004 public hearing, The City's Traffic Engineer provided responses to the Sierra
Club's concerns. The traffic engineer's written response was made part of the record for
consideration of the Planning Commission's recommended approval of the Negative Declaration for
this project. Responses to the Sierra Club concerns prepared by the City's Traffic Engineer are
included as Background Attachment #3.
The Sierra Club contends the protocol used to determine the presence of Blunt-nosed Leopard
Lizard (BNLL) by the biological consultant was not the correct protocol. The protocol referred to by
the Sierra Club is a draft protocol and not mandatory procedure. It is only a suggestion. The
protocol used by Paul Preutt, biological consultant, is also an acceptable protocol, and has been
used in previous studies to determine whether BNLL is on a property or if the project site is habitat
for BNLL. The study indicates that the protocol used was in accordance with the State Department
of Fish and Game guidelines. The State Department of Fish and Game has reviewed studies
prepared using the protocol employed by Paul Preutt and has found these studies to be both
appropriate and adequate. Staff is confident that the consultant properly and adequately evaluated
the property, arriving at the conclusion that no BNLL were sighted on the property, and that the
property is not suitable habitat.
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Negative Declaration (Background Attachment #1) recommended for approval
for this project. Staff recommends upholding the Planning Commission's decision to adopt the
negative declaration, conditionally approve the tentative tract map and deny the appeal.
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
IAGENDA SECTION: New Business
ITEM: J
TO:
FROM:
DATE:
SUBJECT:
1.
2.
3.
4.
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
September 24, 2004 CITY ATI'ORNEY
CITY MANAGER
Fiscal Year 2004-05 Budget Restoration; Road Maintenance and Workers Compensation
Budget Adjustments
Appropriate $1,500,000 ongoing General Fund revenues to restore previous operating
budget reductions and positions.
Transfer and appropriate $280,350 one-time General Fund balance to the Equipment
Management Fund, Public Works operating budget for police vehicles.
Transfer and appropriate $1,500,000 Transient Occupancy Tax Fund resources to the
Capital Outlay Fund, Capital Improvement Budget for road maintenance.
Transfer $1,875,000 General Fund balance and $1,700,000 other Fund balances to the
Setf Insurance Fund for workers compensation unfunded liability.
Approve policy to set aside future one-time eligible monies as a priority for Street
Maintenance as they become available.
RECOMMENDATION:
Staff recommends approval of appropriations and transfers; and adoption of policy to set aside future one-
time eligible monies as a priority for Street Maintenance as they become available.
BACKGROUND:
In the City Manager's budget message he indicated there was a possibility City revenues could gradually
rebound in steps if the state left us alone. Staff has been closely monitoring major financial trends and we
are generally on that track. We have received both some good and some negative news regarding city
revenues to date. First, the state budget included the backfill of booking fees at the same level as
previous years. Also the state has limited the amount of booking fees to what was charged last year so
the County charges to us had to remain the same. Therefore, we should receive about $714,000 we were
not counting on. This should be considered one-time monies since the state budget legislation eliminated
the backfill of booking fees in the future.
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ADMINISTRATIVE REPORT
We have had positive news for both Sales Tax and Property Tax. Sales Tax numbers received this week
indicate a more positive trend than anticipated in the budget assumptions. You may recall we have had
some rather wild quarterly distributions lately, some good, some not, so staff is proposing to adjust our
sales tax estimates somewhat conservatively up from 4% to 6%. Property Tax assessed valuations are
also up but we will not receive final Property Tax revenue numbers until December. However, staff is
proposing to adjust Property Tax revenue estimate upward from 4% to 10% reflect a higher amount than
originally estimated based upon this positive trend and preliminary assessed value information.
The Council may recall we had a large unfunded workers compensation liability to address last fiscal year
of approximately $8.6 million. The Council took significant steps to address this item in last year's budget.
The recently received workers compensation actuarial shows the City's liability has increased by about
$1.4 million. Although our number of claims is down, the cost per claim (which is driven by increased
medical costs and disability payment amounts increased by state law) is up. According to the recent
actuarial report, the current unfunded liability projected at the end of this fiscal year is $3,575,000. Staff is
recommending a transfer of $1,875,000 from the General Fund and a transfer of $1,700,000 from
enterprise and other funds to address this unfunded liability.
Additionally, it appears that the year end General Fund balance will be higher than estimated when the
budget was prepared due to budget actions taken last fiscal year. The actual amount won't be certain until
the annual audit is completed. These monies would also be one-time funds.
Based on this information, staff is recommending the following budget adjustments:
Restoration of $1,500,000 to departmental operating budgets utilizing the financial equity plan.
This would restore a portion of the reductions experienced by departments during the past two
years and provide some relief by providing staffing for fundamental and basic service areas. The
following are items to be restored for various City Departments. They include: Police: 7 restored
police officer positions; Fire: 1 restored Fire Engineer position to provide full staffing for the squad
at Station 1, replacement of defibrillators, replacement of firefighter SCBA's and turnouts; Public
Works/Streets: restoration of 1 Heavy Equipment Operator, 2 Light Equipment Operators and 3
Service Maintenance Workers to provide staff to operate the asphalt pulverizer and perform Street
maintenance; Recreation and Parks: restoration of 4 Facility Workers and 1 Service Maintenance
Worker - for park and landscape maintenance, and 1 Program Coordinator in Recreation, and
funds for temporary park Laborer positions; Development Services/Code Enforcement: 1 Code
Enforcement Officer; Executive/Information Technology: restoration of 2 Computer Technicians
to maintain city computer systems; Finance: restoration of 1 Accountant I position; City Attorney:
restoration of funds for outside legal services; Economic and Community Development:
restoration of the E-Civis grants software service to assist with grant funding opportunities.
Staff recommends a transfer of $280,350 in one-time monies to the Equipment Fund for acquisition
of vehicles necessary for the restored positions in the Police Department.
In order to address the unfunded worker's compensation liability staff proposes a transfer of
$1,875,000 from the General Fund and $1,700,000 from enterprise and other funds to the Self
Insurance Fund. This would address the current expected unfunded liability for Workers
Compensation.
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ADMINISTRATIVE REPORT
4. A transfer of $1,500,000 in Transient Occupancy Fund monies to the Capital Outlay fund for street
maintenance. The $1.5 million is comprised of $1.2 million in one-time funds and $300,000
increased Transient Occupancy Tax estimates for the current year.
These proposals would impact all council priorities, Police, Fire, Public Works, Recreation and Parks, and
provide one-time money for street repair and maintenance.
In addition to the above budget adjustments, staff met with the Budget and Finance Committee to discuss
concepts for setting aside future one-time monies we would receive to fund street maintenance. Staff
briefed the Committee with the conceptual framework for setting aside funds prior to the finalization of the
budget numbers and the Committee was in agreement with the conceptual plan and asked staff to bring
forward a recommendation to the Council at the October 6th meeting.
Staff will continue to monitor our financial situation and we will return quarterly or so with updates for the
Council. We are hopeful the positive trends will continue so further budget restoration actions may be
considered by Council.
jws
September 24, 2004, 9:53AM
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Page 3
ADMINISTRATIVE REPORT
MEETING DATE: October 6, 2004
AGENDA SECTION: New Business
TEM: l;~.b.
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
APPROVED
Development Services - Planning DEPARTMENT HEAD
September 29, 2004 CITY ATTORNEY
CITY MANAGER
Inspector position and four (4) Building Inspector positions) for the Development Services
Department.
Appropriate $657,42500 additional Development Services revenues to the Development
Services operating budget and transfer $100,000.00 to the Equipment Fund for vehicles.
RECOMMENDATION:
Staff recommends approval of additional positions and appropriation; and direct staff to schedule a
public hearing to consider amending the Master Fee Schedule for planning services fees.
BACKGROUND:
Development Services has experienced a dramatic increase in demands for service and these
positions are needed in order to provide the service paid for by the development community. The
costs of these positions are fully supported by fees and therefore would not adversely impact the
general fund.
The Planning Division is requesting the restoration of an Associate Planner position for Current
Planning. Current Planning has had two Associate Planners and one Supervisor since 1995. The case
load in Current Planning increased from 25 to 30 tract maps per year to an average of 55 cases. Not
only is there an increased workload, but the issues associated with the cases are expanding in scope
and controversy.
Planning will be bringing forth a proposal for fee adjustments to address costs that are not currently
being recovered by the current application fees.
The Building Division continues to experience a steady increase in construction activity and needs
additional staffing to meet the demand. Requests for building inspections have increased from an
average of 4,525 per month in FY 02/03 to over 6,000 a month. In order to meet the demand, the
Building Division is proposing the addition of four Building Inspectors and one Supervisor. The fee for a
building permit already includes all costs associated with the building process (plan checking,
inspection, and administration). These new positions will not cause any burden on the general fund.
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