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HomeMy WebLinkAbout02/23/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA FEBRUARY 23, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. CLOSED SESSION a. Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator William Avery. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; Bakersfield Fireman Labor Organization v. City, et al. RECONVENED MEETING - 6:30 p.m. 4. ROLL CALL 5. INVOCATION by Reverend Dr. Gregory C. Horn, Westminster Presbyterian Church. 6. PLEDGE OF ALLEGIANCE by Adanna O'Neil, 1st Grade Student at Franklin Elementary School. 7. CLOSED SESSION ACTION 8. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to representatives from 6 local Rotary Clubs, proclaiming February 23, 2005, as Rotary International Day. b. Presentation by Mayor Hall of Proclamation to Arin D. Resnicke, Race Director of Golden Empire Race Management, proclaiming March 11-13, 2005, as 17th Annual Keyesville Classic Weekend. c. Presentation by Vice - Mayor Maggard of Council Proclamation to Allen Newsome in recognition of his generous donation for the Specific Parks and Trails Plan for Northeast Bakersfield. 9. PUBLIC STATEMENTS '10. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 9, 2005 Council Meeting. Payments: b. Approval of department payments from January 28, 2005 to February 10, 2005 in the amount of $7,694,579.83 and self insurance payments from January 28, 2005 to February 10, 2005 in the amount of $321,303.26. 10. CONSENT CALENDAR continued 0Nard 4) 0Nard 4) (Ward 3) Ordinances: First Reading of Ordinance adopting the Negative Declaration and Title 17 of the Municipal Code and Zoning Map No. 102-21 from R-S-5A (Residential Suburban - 5 acre minimum) to M-2 (General Manufacturing) zone on approximately three acres, located at the southeast corner of Coffee Road and Downing Road. (ZC03-1349) (Applicant: City of Bakersfield) First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-21 from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7+ acres, located on the southwest corner of Meany Avenue and Patton Way. (Applicant: Marino and Associates) (ZC04-1430) First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-21 from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7 acres, located on the south side of Columbus Street, and on the east side of Haley Street. (Applicant: Michael Dhanens) (ZC04-1473) Resolutions: 0Nard 1,2,5,6,7) f. 0Nard 7) g. (Ward 4) h. (ward 4) J. (Ward 1) j. (Ward 3) k. (Ward 4) I. Resolution revising route and boundaries to previously approved Expansion No. 20 of the Southeast Metropolitan Bakersfield Enterprise Zone. Sewer Connection Fee Assessment: Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Kuldip S. and Avtar K. Sidhu, 1804 Faxon Avenue, to pay sewer connection fee in installments and notice of special assessment lien. Resolution adding territory, Area 1-47 (Jewetta, Rio Bravo Canal SE) 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 Consolidated Public Works Intention No. 1369 to add territory, Area 1-54 (Brimhall, Calloway SW) to the Maintenance District and preliminarily adopting, confirming and approving Director's Report. Resolution of Consolidated Public Works Intention No. 1370 to add territory, Area 5-18 (S. Chester, Geneva SE) to the Maintenance District and preliminarily adopting, confirming and approving Director's Report. Resolution of Consolidated Public Works Intention No. 1371 to add territory, Area 4-35 (Fairfax, Royal Coach 2) to the Maintenance District and preliminarily adopting, confirming and approving Director's Report. Resolution of Consolidated Public Works Intention No. 1373 to add territory, Area 1-56 (Rosedale, Froelich SW) to the Maintenance District and preliminarily adopting, confirming and approving Driector's Report. 10. CONSENT CALENDAR continued 0Nard 3,4,5,7) (Ward 4) 0Nard 6) 0Nard 1) m. Changes to Salary Schedule and Revised Job Specification: Amendment No. 15 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units; and adopting salary schedule and related benefits for Engineering Technician II. 2. Revised job specification for Finance Director. Agreements: n. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Pulte Home Corporation, for Tract 6149 Phase 3 located south of State Route 178 and west of Miramonte Drive. Final Map and Improvement Agreement with Lennar Homes of California, Inc., for Tract 6177 Unit 2 located north of Hosking Avenue and east of South H Street. Final Map and Improvement Agreement with GMAC Model Home Finance, Inc. and Lennar Homes of California, Inc., for Tract 6156 Unit 5 located south of Pacheco Road and east of Buena Vista Road. 4 Final Map and Improvement Agreement with Bakersfield Land Development, LLC, for Tract 6061 Phase 3 located north of Reina Road and east of Allen Road. Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Unit 1, located south of Reina Road and west of Old Farm Road. Final Maps and Improvement Agreements with Ennis Homes, Inc., for Tract 6165 Unit I located south of Harris Road and east of Akers Road. Agreement with Froehlich, Inc. ($150,000.00) to pumhase real property located east of Jenkins Road and north of Brimhall Road for a water well site. Agreement with KB Home Greater Los Angeles, Inc. ($140,000.00) to purchase real property located west of Stine Road and north of Ryzona Drive for a water well site. Agreement with C. A. K. Farms, Inc. to lease City owned real property for farming operations located at the northwest corner of Bear Mountain Boulevard and Fairfax for one (1) year. r. Master Agreement with LAFCO for future annexation indemnity agreements. (Ward 2,4,5,6) S. Agreement with Tite Enterprises ($30,000.00) to provide operated specialized equipment for the removal of hyacinths and tulle from City water facilities. Agreement with Marderosian, Runyon, Cercone, Lehman & Armo (not to exceed $45,000.00) for outside legal services in the matter of Bakersfield Fireman's Labor Organization v. City. Amendment No. I to Agreement No. CA04-042 with Marderosian, Runyon, Cercone, Lehman & Armo ($50,000.00, total contract not to exceed $75,000.00)for outside legal services in the matter of Gary Willis v. City, et al. 3 10. 0Nard 2) 0Nard 1 ) 0Nard 2) 0Nard 6) (Ward 2) 0Nard 1,2) CONSENT CALENDAR continued v. Amendment No. I to Agreement No. 02-361 with San Joaquin Fence & Supply to extend the term of the agreement for a two month period with no increase in compensation. w. Amendment No. 1 to Agreement No. 04-097/RA-005 with Bakersfield Redevelopment Agency for use of Community Development Block Grant Funds for the Old Town Kern- Mixed Use Project. x. Amendment No. 1 to Agreement No. 04-041 with Wilson & Associates (not to exceed $150,000.00) to provide specialized assessment engineering service for various assessment districts. Bids: y. Reject bids for construction of trunk sewer replacement along Planz Road. Miscellaneous: Revised job specification for Network Systems Technician. Proposed HOME and Redevelopment Housing Set-Aside Funded Down Payment Programs and Guidelines. bb. Appropriate $210,000.00 Park Improvement Fund Balance to reimburse Stonecreek Partners, Inc. for Phase II of Stonecreek Park. Appropriate $60,000.00 fund balance to the Southeast Redevelopment Project Area Capital Improvement Budget for the acquisition of property located at 15th and S Streets. (City Place Village-Mixed Use Project) Appropriate $3,000.00 Pacific Gas and Electric grant funds to the Old Town Kern-Pioneer Operating Budget for small business workshops and counseling by the Small Business Development Center. Acceptance of Audit Reports for Fiscal Year ended June 30, 2004: 1. Comprehensive Annual Financial Report (CAFR). 2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures. 3. Independent Auditors Report - Compliance with contractual compliance relative to the Bakersfield Subregional Wastewater Management Plan. 4. Independent Auditors Report - Appropriations Limit Worksheet (GANN Limit). 5. Independent Auditors Report - Bakersfield Centennial Garden, Convention Center & Ice Sports Center. cc. dd. ee. 10. 11. 12. 13. (Ward 3) CONSENT CALENDAR continued ff. Commercial Refuse Compactor Service Levels: 1, Addition of two (2) Heavy Equipment Operator positions within the Refuse Enterprise Operation for two (2) added refuse collection routes. 2, Appropriate $68,992.00 additional revenue to the Public Works operating budget in the Refuse Fund for staff and related equipment operating costs for the remainder of 2004-05 fiscal year. 3. Transfer and appropriate $240,000.00 Refuse Fund balance to the Public Works operating budget in the Equipment Management Fund to purchase two (2) additional roll off refuse trucks. Staff recommends adoption of Consent Calendar items a through ff. CONSENT CALENDAR HEARINGS a. Public hearing to consider Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Staff recommends adoption of resolution. REPORTS a. Resolution adopting Council Policy on audit reporting practices and rotation of audit firms. Budget and Finance Committee recommends adoption of resolution approving Council policy. NEW BUSINESS a. Resolution designating Queretaro, Mexico, as a Sister City of the City of Bakersfield. Staff recommends adoption of resolution. b. State Route 178 Shoulder Widening Project: 1. Cooperative Agreement with State of California Department of Transportation ($580,000.00) for construction of shoulder widening on State Route 178 from approximately Fairfax Road to the mouth of the Kern River Canyon. 2. Appropriate $580,000.00 Transportation Development Fund Balance to the Capital Improvement Budget, Staff recommends approval of agreement and appropriation. 13. 14. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectively submitted, Alan Tandy City Manager pi 02/16/05 3:20pm 6 AGENDA HIGHLIGHTS FEBRUARY 23, 2005 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be a conference with the labor negotiator and a conference with legal counsel regarding one case of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. CONSENT CALENDAR Ordinances Item 10c. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq on Approximately Three Acres, Located at the Southeast Corner of Coffee and Downinq Roads. The City is proposing a change in the zoning designation from Residential Suburban-5A to L~eneral Manufacturing zone to allow for the development of industrial uses on the site and as a condition requested by the property owners to annex the property to the City. There were no agencies or public testimony in opposition to the request. The Planning Commission recommended approval to the City Council on November 4, 2004. Item 1Od. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq on Approximately Seven Acres, Located at the Southwest Corner of Mean,/Avenue and Patton Way. Madno and Associates is proposing a zone change from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7+_ acres to allow for commercial, industrial and manufacturing uses, which is consistent with the General Plan designation. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission recommended approval on January 6, 2005. Item lOe. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq on 7.7 Acres, Located at the South Side of Columbus Street and the East Side of Hale¥ Street. Michael Dhanens is proposing a zone change from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7 acres to provide for infill development, which is depicted as General Commercial on the General Plan. The zone change is consistent with the General Plan designation. The project site is located within an older commercial shopping center known as the College Center. The proposed area of the buildings would not exceed the 189,000 square feet originally constructed for the College Center. Staff recommends that the landscape area west of the main entrance on Columbus and along Haley comply with existing ordinances with lO-feet of landscaping behind property line. This will result in about 20-22 feet of landscaping behind the sidewalk. Because no landscaped median exists, staff recommends larger trees in this area. Larger trees will also be required east of the Columbus Street main entrance. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission recommended approval on January 6, 2005. Agenda Highlights February 23, 2005 Page 2 Resolutions Item 1Of. Resolution Revisinq Route and Boundaries to Previously Approved Expansion No. 20 of the Southeast Metropolitan Bakersfield Enterprise Zone. On May 12, 2004, Council approved Expansion #20 of the Enterprise Zone to benefit Dreyers' plans for expanding its existing facility at 7301 District Boulevard. In late 2003, the State Enterprise Zone program oversight was transferred to the State Housing and Community Development Division under the California Business, Transportation and Housing Agency (State HCD). This Agency administratively imposed a moratorium on all expansions due to lack of staffing to process them. Staff continued to work with Dreyers, Dreyers' lobbyist, Kern Economic Development Corporation, and State legislators to get this expansion approved. HCD staff recently agreed to a "conditional approval" of the expansion that would include Dreyers within the Bakersfield Enterprise Zone immediately. However, as part of the approval, State HCD is requiring the City revise the route to the Dreyers facility, and to include the entire Dreyers parcels in the expansion. The original route required 64.28 acres of the City's 71.02 acres of expansion acreage available. The revised route requires 98.26 acres. Kern County Community Development staff has agreed to assist with the revised expansion route by requesting approval from the Board to provide enough acreage to accomplish the expansion. The County will be processing a resolution aIIowing for the City to use 27.24 acres for the expansion, and approving the route which passes through a small portion of unincorporated area. When this revised expansion is approved by the State, the City will have no remaining acreage for future enterprise zone expansions. It seems unlikely that the State will allow for any further extensions. Staff is willing to use all our expansion acreage to assist Dreyers rather than to hold it until our zone expires on October 14, 2006 and not use it at all. Aqreements Item 1Or. Master Aqreement with LAFCO for Future Annexation Indemnity Aqreements. Staff regularly requests initiations of LAFCO proceedings for changes of organization or reorganization that include annexations. As a condition of approval, LAFCO requires the City to execute indemnification agreements for each annexation, in order to streamline the process, LAFCO and the City have agreed to execute a master agreement which will satisfy the indemnity aspect of ail future annexations approved by LAFCO. Items lot and u. Aqreements with Marderosian, Runyon, Cercone, Lehman & Armo for Outside Leqal Services. The first agreement is in an amount not to exceed $45,000 in the matter of the City vs. Bakersfield Firemen's Labor Organization, which reimburses the firm for their attorneys fees over the past 14 months. The second matter is an Amendment to Agreement No. CA04-042 in the amount of $50,000, for a total contract amount not to exceed $75,000. This is for continuing legal services in the matter of the City vs. Gary Willis. Item lOw. Amendment No. 1 to Aqreement No. 04-097/RA-005 with Bakersfield Redevelooment Aqency for Use of Community Development Block Grant Funds for the Old Town Kern - Mixed Use Project. This amendment will increase the amount of Acquisition/Demolition CDBG funds being used for the Old Town Kern - Mixed Use Project. All other terms of the original agreement remain in full force and effect. These funds have been approved by the City Council for this purpose through the budget process and the HUD action plan amendment process. The Agency approved this agreement at their February 14, 2005 meeting. Agenda Highlights February 23, 2005 Page 3 Bids Item lOy. Reiect Bids for Construction of Trunk Sewer Replacement Alonq Planz Road. This project consists of reconstructing 10,750 lineal feet of an existing deteriorated sewer line along Ptanz Road between South Chester Avenue and Waste Water Treatment Plant #2. The City pre-qualified thirteen bidders for the project and received bids from four. All bids were significantly higher that the engineer's estimate of $7,348,075. The Public Works Department will re-evaluate and revise the method of construction for the project in order to reduce construction costs. The project will be rebid in the near future. Miscellaneous Item lOcc. Appropriate $60,000 Fund Balance to the Southeast Redevelopment Proiect Area Capital Improvement Budqet for the Acquisition of Property Located at 15th and S Streets. (City Place Villaqe-Mixed Use Proiect). The property being acquired consists of 14,320 square feet of M-2 zoned land. On November 16, 2000, the Planning Commission found the acquisition of this property consistent with the 2010 General Plan. Item lOft. Increase in Commercial Refuse Compactor Service Levels. Due to unprecedented commercial development and expansion of the Dreyers Ice Cream Plant in tSakersfield, it is necessary to add two refuse compactor service routes to meet the demand for services. The increased demand for service has resulted in service revenues significantly over the original revenue projection for FY 2004-05. To handle the surge in hauling activity, staff has temporarily retained two older roll off trucks which were due to be auctioned. These units will be operated until the additional units can be purchased. Two drivers will be hired from an existing eligibility list. Operating costs of $68,992 to cover the personnel and equipment operating cost for the remainder of FY 2004-05 are covered by the new revenue. The new revenue and service levels are being included in the FY 2005-06 operating budget. CONSENT CALENDAR HEARINGS Item 11a. Public Hearinq to Consider Resolution Makinq Findinqs and Updatinq the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Developers pay a $1,240 per-acre fee at grading plan approval stage to compensate for direct and indirect impacts on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change in the fee is recommended at this time because we have been able to acquire land at very good prices, we have not yet purchased much specialty preserve property, which is more expensive, and urban conversion of natural lands has been minimal As a result, increases in State charges can be absorbed while holding down the fee. The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. The Capital Improvement Plan involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. This report provides the basis for an annual update of the capital improvement plan. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also Agenda Highlights February 23, 2005 Page 4 continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Kern County Board of Supervisors approved a similar resolution on December 14, 2004. Staff is recommending adoption of the resolution. REPORTS Item 12a. Resolution Adoptinq Councit Policy Requirinq Rotation of Audit Firms. At the September, 2004 Budget and Finance Committee meeting, staff reported that the City has been audited by the same firm for the past 15 years; and while there have been no problems or concerns, staff recommended implementation of a rotation policy as it is considered "best practice" by many other cities. Chairman Maggard suggested rotating auditing firms every five years. Staff submitted a draft policy to the Committee in February, 2005. The Committee recommended forwarding it to the full Council for consideration. NEW BUSINESS Item 13a. Resolution Desiqnatinq Queretarol Mexico as a Sister City. In December, 2004, Mayor Hall and several members of the Bakersfield Sister City Project Corporation traveled to Queretaro and met with their Mayor. Officials from both cities would like to pursue a sister city relationship. If the resolution is adopted, there will be a formal Partnership Agreement signing at a Sister city Luncheon on Friday, March 4, 2005. Item 13b. State Route 178 Shoulder Wideninq Proiect. Caltrans has been working for several years on a project to install and widen shoulders along State Route 178 from approximately Fair[ax Road to the Mouth of the Kern River Canyon. When Caltrans constructs shoulders, the pavement is thinner than a roadway since shoulders only receive occasional traffic loading. However, this segment of State Route 178 will eventually be widened for additional traffic lanes by area developers and/or the City. Aisc, much of the segment will become a City maintained street when the new adopted freeway alignment for State Route 178 is constructed. Staff proposed to Caltrans that the City pay for upgrading the shoulder pavement to full traffic lane thickness now. This agreement will accomplish this upgrading, allowing the shoulder pavement to remain in-place and become part of the traffic lane in the future when the roadway is widened. This segment of State Route 178 is on the facilities list for the Metropolitan Bakersfield Traffic Impact Fee, SO this agreement will actually end up saving this program some costs. The Caltrans estimate for the entire shoulder construction project including design and project administration is $8,935,000, and the City's contribution to the project to upgrade the shoulders is $580,000. The latest schedule received from Caltrans indicates that construction would start in the fall of 2005. Approved: John W. Stinson, Assistant City Manager cc: Department Heads Rhonda Smiley, Administrator / PR City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Closed Session ITEM: TO: Honorable Mayor and City Council FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD ('~.~-~ DATE: February 10, 2005 CITY ATTORNEY APPROVED CITY MANAGER ~,~ SUBJECT: Closed session pursuant to Government Code 54957.6; Conference with Labor Negotiator William Avery RECOMMENDATION: BACKGROUND: Februa~J 10, 2005, 10:32AM S:~ADMINRPT~Closed Session Feb 23, 05,dot ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Closed Session IITEM: ,~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 14, 2005 APPROVED DEPARTMENT HEAD ~ ClTY ATTORNEY ~ CITY MANAGER ~ Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Bakersfield Firemen Labor Organization v. City of Bakersfield, et al. United States District Court Case No. CIV-F-03-5645 REC TAG VG:do S:\COU NCIL\Cl S ess~Admins\04-05~2005\02-23-05ExJstlit. B FLO.doc.dot Februa~ 14, 2005. 9:45AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Presentations ITEM: ~.O.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 10, 2005 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to representatives from 6 local Rotary clubs, proclaiming February 23, 2005, as Rotary International Day. RECOMMENDATION: BACKGROUND: ndw February 10, 2005, 5:04PM S:\MAYOR~ADMIN\ROTARY.dot ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 IAGENDA SECTION: Presentations ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 10, 2005 j~PROVED DEPARTMENT HEAD_.~ CITY ATTORNEY CITYMANAGER Presentation by Mayor Hall of Proclamation to Arin D. Resnicke, Race Director of Golden Empire Race Management, proclaiming March 11 - 13, 2005, as 17th Annual Keyesville Classic Weekend. RECOMMENDATION: BACKGROUND: ndw February 10, 2005, 4:55PM S:\MAYOR~ADMIN~KEYESVILLE CLASSIC.dot ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Presentation ITEM: ~, 0... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Vice - Mayor Mike Maggard February 11, 2005 APPROVED DEPARTMENT HEAI~J ~ ~'~ CITY ATTORNEY CITY MANAGER Presentation by Vice-Mayor Maggard of a Council Proclamation to Allen Newsom in recognition of his generous donation for the Specific Parks and Trails Plan for Northeast Bakersfield. RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk February 11, 2005 AGENDA SECTION: Consent Calendar TEM: APPROVED SUBJECT: CITY ATTORNEY c,TY MA.^GE. Approval of minutes of the February 9, 2005 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt MEETING DATE: ADMINISTRATIVE REPORT February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: [0. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 10, 2005 APPROVED DEPARTMENT HEAD · CITY ATTORNEY/ CITY MANAGER Approval of department payments from January 28, 2005 to February 10, 2005 in the amount of $7,694,579.83 and self insurance payments from January 28, 2005 to February 10, 2005 in the amount of $321,303.26. RECOMMENDATION: Staff recommends approval of payments totaling $8,015,883.09. BACKGROUND: klg February 10, 2005, 1:48PM S:',KimG~Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent ITEM: (0.0.,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services February 15, 2005 APPROVED DEPARTMENT HEAD ~ CI'I'YATIORNEY~ CITY MANAGER An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-21 from R-S-5A (Residential Suburban 5 Acres Minimun~) to M-2 (General Manufacturing) zone on approximately three acres, located at the southeast corner of Coffee Road and Downing Road. (Applicant: City of Bakersfield). (ZC 04-1349). (Ward 4). RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: The proposal is a change in the zoning designation from Residential Suburban-5A to General Manufacturing zone on 3+ acres. This proposal will remove the residential zoning that is surrounded by industrial and commercia~ zones. The property owner, as a condition to annex the property to the city wanted the city to process the zone change to industrial, to match the land south of the site. This change will allow for the development of industrial uses on the site. There were no agencies or public testimony in opposition to the request. The Planning Commission conducted public hearing(s) on this Zone Change and recommended approval to the City Council on November 4, 2004. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on October 5, 2004, in accordance with CEQA. MO:pjt Admin\feb',.2-23-1349 ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 8, 2005 APPROVED DEPARTMENT HEAD ~ CITYATTORNEY,~Y~'~ CITY MANAGER ~ Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-21 from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7_+ acres, located on the southwest corner of Meany Avenue'and Patton Way (Applicant: Marino and Associates). (ZC 04-1430) (Ward 4). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 6, 2005 the Planning Commission adopted Resolution No. 4-05 recommending approval of a Zone Change from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7+ acres. The zone change would allow for commercial, industrial and manufacturing uses, and is consistent with the general plan designation. At the public hearing held before the Planning Commission, no one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. No significant environmental impacts related to this project were identified and a Negative Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving the zone change. ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent ITEM: lO, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 8, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY~//~f ClTY MANAGER ~ Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-21 from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7 acres, located on the south side of Columbus Street, and on the east side of Haley Street (Applicant: Michael Dhanens). (ZC 04-1473) (Ward 3). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 6, 2005, the Planning Commission adopted Resolution No. 5-05 recommending approval of a Zone Change from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7 acres. The project site represents infill development and is depicted as General Commercial on the General Plan. The change along the street frontages would allow commercial buildings in this area, which is similar to how other shopping centers or currently designed. The zone change is consistent with the general plan designation. The subject area was originally zoned P (Parking) in 1969. The project site is located within an older commercial shopping center known as the College Center. These 52,000 square feet of new building along Columbus Street would replace the 52,000 square feet of building area removed during the shopping center's renovation over the last few years. The applicant also states that the aggregate area of the buildings proposed for the project site, including the buildings along Columbus Street would not exceed the 189,000 square feet originally constructed for the College Center. Staff recommends that west of the main entrance on Columbus and along Haley, the landscape area must comply with existing ordinances and supply 10-feet of landscaping behind property line. This will result in about 20-22 feet of landscaping behind sidewalk. Because no landscaped median exists, staff recommends larger trees in this area. East of the Columbus Street main entrance, staff is not requiring wider landscaping than exists due to the existing retaining walls. Larger trees will also be required in this area At the public hearing held before the Planning Commission, no one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. ADMINISTRATIVE REPORT Page 2 No significant environmental impacts related to this project were identified and a Negative Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving the zone change. Jeng/ S:lZoneChange~O4-1473~CC~admin. doc February 8, 2005 ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: (0.t~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 9, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~,JZ~'~'~ CITY MANAGER ~ Resolution revising route and boundaries to previously approved Expansion No. 20 of the Southeast Metropolitan Bakersfield Enterprise Zone. 0Nard 1, 2, 5, 6, 7) RECOMMENDATION: Staff recommends approval. BACKGROUND: On May 12, 2004 the City Council approved Expansion #20 of the Enterprise Zone to benefit Dreyers plans for expanding its existing facility at 7301 District Boulevard. Dreyers, (which merged with Nestle) is currently constructing an additional 250,000 sf manufacturing and distribution facility. The company anticipates hiring an additional 250 employees, and expending over $100M on new equipment and construction. With the expansion, the facility would employ about 850 workers and become the world's largest ice cream manufacturing plant. The state hiring and equipment purchase tax credits will assist Dreyers with their competitiveness in keeping its operations in Bakersfield. The expansion the City approved was in keeping with the procedures followed in the past, and approved by the Trade and Commerce Agency. Between the initial discussions with Dreyers and the State regarding this expansion in late 2003, the State Enterprise Zone program oversight was transferred to the State Housing and Community Development Division under the California Business, Transportation and Housing Agency (State HCD). This Agency administratively imposed a moratorium on all expansions due to lack of staffing to process them. Since the expansion request was sent to the State, staff has been working with Dreyers, Dreyers lobbyist, Kern Economic Development Corporation and State legislators to get this expansion approved due to its importance to Dreyers and the City. The State HCD staff recently agreed to a "conditional approval" of the expansion that would include Dreyers within the Bakersfield Enterprise Zone immediately. However as part of the approval, State HCD is requiring the City revise the route to the Dreyers facility, and to include the entire Dreyers parcels in the expansion. The original route required 64.28 acres of the Cityls 71.02 acres of expansion acreage available. The revised route requires 98.26 acres, as such, the City would not have enough acreage to accomplish the expansion. The County of Kern, as joint Zone participant, also has expansion acreage available for expansions. Staff has discussed the situation and need for this expansion with the County of Kern staff. In an atmosphere of cooperation, County Community Development staff has graciously agreed to assist the City with the revised expansion route. County staff will request approval from the Board to provide S:~Admins~City Counci~Revised EZ Expansion #20.doc 2J9/2005 8:56 AM ADMINISTRATIVE REPORT Page 2 enough County acreage to accomplish the expansion, understanding the importance of Dreyers to the City and in turn, the County. The County will be processing a resolution allowing for the City to use 27.24 acres to accomplish the expansion, and approving the route which passes through a small portion of unincorporated County. When this revised expansion is approved by the State, the City will have no remaining acreage for future enterprise zone expansions. However, our Enterprise Zone designation is due to sunset on October 14, 2006. It seems unlikely that the State will allow for any further extensions. (In 2001, the City/County successfully applied to extend the zone life by five years). As such, staff is willing to use all our expansion acreage to assist Dreyers rather than to hold it until our zone expires and not use it at all. City staff is also very appreciative of the cooperation of the County, and willingness to offer their assistance for this expansion. With the Council's approval of this revised expansion request, the resolution will be forwarded to the California Business, Transportation and Housing Agency for final acceptance to their "conditional approval" of Expansion #20. S:~Admins\City Council\Revised EZ Expansion #20.doc 2J9/20058:56 AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: I0.~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 9, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Sewer Connection Fee Assessments (Ward 7) 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Kuldip S. and Avtar K. Sidhu, 1804 Faxon Avenue, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owner of property at 1804 Faxon Avenue has connected his property to the City sewer system. The owner has claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owner to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. dc February 9, 2005, 9:44AM G:\G ROU PDAT~ADMINRPT~2005\02-23\1804_Faxon.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: (O.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 2, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Resolution adding territory, Area 1-47 (Jewetta, Rio Bravo Canal SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 26, 2005 the Council adopted Resolution of Intention No. 1332 to add territory, Area 1-47 (Jewetta, Rio Bravo Canal SE), 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 street landscaping for Tract No. 6127, Units 1 and 2 and Tract No. 6128 Unit 1. Area 1-47 is generally bounded by Jewetta Avenue on the north, the east line of Section 36, T29S, R26E, on the east, the Cross Valley Canal on the south and the Rosedale-Rio Bravo Canal on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been recorded with the subdivision maps. mr G: \GROUPDAT\ADMINRPT\2005 \02-23 \MD1 47est.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: iD. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 2, 2005 APPROVED DEPARTMENT HEAD~ ClTY ATTORNEY C MANAGER Resolution of Intention No. 1369 to add territory, Area 1-54 (Brimhall, Calloway SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel Map No. 11051 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 street landscaping. Area 1-54 is generally bounded by Brimhall Road on the north, Calloway Drive on the east, a line approximately 660 feet south of Brimhall Road on the south and a line approximately 540 feet west of Calloway Drive on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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 equivaleht dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr February 2, 2005, 10:01AM MD1-54Ri05 ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: IO.j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 4, 2005 DEPARTMENT HEAD .,,~ROVED CITY ATTORNEY .~/'/~ '.?~ CITY MANAGER _('~_,4 ,~ Resolution of Intention No. 1370 to add territory, Area 5-18 (S. Chester, Geneva SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of the property at 2900 S. Chester Avenue 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 5-18 is generally bounded by Geneva Avenue on the north, a line approximately 320 feet east of S. Chester Avenue on the east, a line approximately 120 feet south of Geneva Avenue on the south and S. Chester Avenue 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. 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. A copy of this covenant is attached for reference. mr February 4, 2005, 1:22PM MD5-18Ri05 ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM:lo. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 8, 2005 APPROVED CITY ATTORNEY ~ CITY MANAGER ~ Resolution of Intention No. 1371 to add territory, Area 4-35 (Fairfax, Royal Coach 2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 04-1030 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 4-35 is generally bounded by Royal Coach Circle on the north and east, a line approximately 250 feet south of the intersection of Royal Coach Circle and Fairfax Road on the south and Fairfax Road 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 inclusior/ 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 waiver. A copy of this covenant is attached for reference. mr February 8, 2005, 12:57PM MD4-35Ri05 ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: lO.(. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 15, 2005 .~PPROVED DEPARTMENT HEAD /'/'//'~_..- , CITY ATTORNEY ~ CITY MANAGER ~'~ Resolution of Intention No. 1373 to add territory, Area 1-56 (Rosedale, Froehlich SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6230 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 street landscaping. Area 1-56 is generally bounded by Rosedale Highway on the north, Froehlich Street on the east, a line approximately 1500 feet south of Rosedale Highway on the south and a line approximately 490 feet east of Jenkins Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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 subdivision map. A copy of this covenant is attached for reference. Mr las February 15, 2005, 10:27AM Document2 ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar TEM: 10, TO: Honorable Mayor and City Council (~.)k~ APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: February 9, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Changes to Salary Schedule and Revised Job Specification 1. Amendment No. 15 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police supervisory and Management Units and adopting salary schedule and related benefits for Engineering Technician II 2. Revised Job Specification: Finance Director RECOMMENDATION: Staff recommends adoption of the resolution and approval of the revised job specification. BACKGROUND: The Engineering Technician II classification is no longer in use; therefore, it is being deleted from the salary schedule. In light of the pending retirement of the Finance Director, the City Manager is taking the opportunity to update the job specification prior to posting a recruitment for his replacement. The job specification has been updated to reflect current standards. There is no budgetary impact as the salary will remain the same. The revised job specification will be presented to the Miscellaneous Civil Service Board at their February 15, 2005 meeting. (jm) 2/912005 3:09 PM S:~ADMINRPT~Finance Director.dot ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: tO. ~. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 8, 2005 Tract Maps and Improvement Agreements APPROVED DEPARTMENT HEAD CITY ATTORNEY /~F CITY MANAGER ~ Final Map and Improvement Agreement with Pulte Home Corporation, for Tract 6149 Phase 3 located south of State Route 178 and west of Miramonte Drive. (Ward 3) Final Map and Improvement Agreement with Lennar Homes of California, Inc., for Tract 6177 Unit 2 Hosking Avenue and east of South H Street. (Ward 7) Final Map and Improvement Agreement with GMAC Model Home Finance, Inc. and Lennar Homes Of California, Inc., for Tract 6156 Unit 5 located south of Pacheco Road and east of Buena Vista Road. 0Nard 5) Final Map and Improvement Agreement with Bakersfield Land Development, LLC, for Tract 6061 Phase 3 located north of Reina Road and east of Allen Road. (Ward 4) Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Unit 1, located south of Reina Road and west of Old Farm Road. (Ward 4) Final Maps and Improvement Agreements with Ennis Homes, Inc., for Tract 6165 Units 1 located South of Harris Road and east of Akers Road. (Ward 7) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: td 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. February 8, 2005, 11:16AM G:\GROUPDAT\ADMINRPT\2005\02-23\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 10, 2005 APPROVED DEPARTMENTHEAD.,,'f,~r~- CITY A'I-I'ORNEY ClTY MANAGER SUBJECT: Agreement with Froehlich, Inc. to purchase real property located east of Jenkins Road and north of Brimhall Road for $150,000 for a water well site. 0Nard 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring one large single family lot to construct a domestic water well site. The purchase price of $150,000 is a product of negotiations based on appraisals of comparable properties in the area. A Phase I Environmental Site Assessment has been completed by the City's Environmental Services Division. Also, the Planning Commission will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan on March 3, 2005. February 10, 2005, 1:07PM P:\MyFiles~Adrnin Reports\Froehlich .doc DMNs ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: ~.p. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 10, 2005 APPROVED DEPARTMENTHEAD,,C~c~b?~ CITY ATTORNEY ~ ClTY MANAGER ~ SUBJECT: Agreement with KB Home Greater Los Angeles, Inc. to purchase real property located west of Stine Road and north of Ryzona Drive for $140,000 for a water well site. 0Nard 6) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring two single family lots to construct a domestic water well site. The purchase price of $140,000 represents the property fair market value as determined by an appraisal prepared by Launer & Associates. A Phase I Environmental Site Assessment has been completed by the City's Environmental Services Division. Also, the Planning Commission will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan on March 3, 2005. February 10, 2005, 1:06PM P:\Myfiles~Admin Reports\KB Home.doc DMNs ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calender ITEM: 10, ~ TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 3, 2005 APPROVED DEPARTMENT HEAD CITY ATTOR CITY MANAGER SUBJECT: Agreement with C. A. K. Farms, Inc. to lease City owned real property for farming operations located at the northwest corner of Bear Mountain Boulevard and Fairfax for 1 year. ( Ward 1 ) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On November 6, 1996, the City entered into Agreement No. 96-304 with the State of California to provide financing for the expansion of Waste Water Treatment Plant No. 2. As a condition of the loan the City acquired an additional farmland to accommodate future expansion of the effluent spreading operations resulting from the increased capacity. However, this farmland is not currently needed to spread effluent and is not projected to be needed for 3 to 5 years at current expansion rates. In the meantime, Scott Kirschenmann of C.A.K. Farms, Inc. requested the City lease him 480 acres of the aformentioned land for fresh water farming operations for the balance of 2005. This lease reflects the agreement resulting from negotiation between the parties arising from his offer. The rent is Forty-Five Thousand ($45,000) payable in advance. Their rent is calculated on 300 farmabte acres due to limited water availability. The balance of the acreage will be maintained by the tenant as additional consideration. This rent is consistent with other leases in the area for similar ground and farming operations. DM.Als 2/4/20059:35:28 AM P:\MyFiles~Admin Reports\Kirschenmann admin. DOC ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: 10. MEETING DATE: February 23, 2005 TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD //'~' DATE: February 7, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Master agreement with Kern County Local Agency Formation Commission (LAFCO) for future annexation Indemnity Agreements RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: City Staff regularly requests the initiation of LAFCO proceedings for changes of organization or reorganization that include annexations. As a condition for LAFCO's approval of each annexation, LAFCO requires the City to execute an agreement to defend and indemnify LAFCO under certain terms and conditions. This requires a separate agreement and City Council approval of each and every indemnity agreement. In order to streamline the process, LAFCO and the City have agreed to execute a master agreement which will satisfy the indemnity aspect of all future annexations hereinafter approved by LAFCO, and thus, eliminate the need for City Council approval of each and every indemnity agreement. S:\COUNClL~Admins\04-05 Admins\LAFCO-02-23-05.doc ADMINISTRATIVE REPORT MEETING DATE February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: IO. TO: APPROVED FROM: DEPARTMENT HEAD DATE: CITY ATTORNEY ///~" CITY MANAGER SUBJECT: Agreement with Tite Enterprises in the amount of $30,000.00 to provide operated specialized equipment for the removal of Hyacinths and Tule from City water facilities. (Ward Numbers 2, 4, 5 & 6) Honorable Mayor and City Council FIorn Core, Water Resources Manager February 11, 2005 RECOMMENDATION: Staff recommends approvar of the agreement. BACKGROUND: A major infestation of water hyacinth and tule has rapidly developed along stretches of the river channel and within many of our storm drainage basins. Staff has found under current conditions that our normal methods of maintenance (pesticide/herbicide application and city heavy equipment) for many of our storm drainage basins to be ineffective. In working and consultation with the Kern Mosquito and Vector Control District the thick mats of vegetation inside the drainage basins and with standing water provides breeding sites for mosquitoes and impedes effective mosquito control, Routine maintenance of our storm drainage basins is vital in our efforts to reduce the threat posed by West Nile Virus to our city residents. After researching this matter, staff determined that Tite Enterprises has the experienced operators and specialized equipment (aquatic harvester and spider excavator) to remove the invasive weeds from the storm basins in the most cost effective manner, The funding for this project is currently available within the Water Resources Department FY 2004-05 Operating Budget. S:~2005 ADMIN REPORTS~admin022305cont.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 11, 2005 APPROVED DEPARTMENTHEAD-~)~:T~J/'~ ^TTO..E¥7 CITY MANAGER Agreement with outside counsel, Marderosian, Runyon, Cercone, Lehman & Armo for legal services in the matter of Bakersfield Firemen's Labor Organization v. City of Bakersfield, USDC Eastern District Court Case No. CV-F-03-5645 REC L JO, in an amount not to exceed $45,000.00. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City acquired the services of the firm of Marderosian, Runyon, Cercone, Lehman & Armo to handle the above-entitled case. Since it was a labor-law case, it was handled outside the cap. Jacob Rivas was the associate primarily responsible for defending the City. Trial was held on January 25, 2005 before the Judge Wanger from the USDC Eastern District Court. It was a one week bench trail (no jury) and we are expecting the court's ruling shortly. This Agreement reimburses the Mardersoian firm for their attorneys fees over the past 14 months in a total not to exceed $45,000.00. GG:dll February 16, 2005, 2:10PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: (0. cC. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 11, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Amendment No. 1 to Agreement No. CA04-042 with outside counsel, Marderosian, Runyon, Cercone, Lehman & Armo for legal services in the matter of Gary Willis v. City of Bakersfield, et al, USDC Eastern District Court Case No. CIV-04-6542 AWl L JO, in the amount Of $50,000, with a total contract amount not to exceed $75,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: The City acquired the services of the firm of Marderosian, Runyon, Cercone, Lehman & Armo to handle the above-entitled complex case outside the cap. The first step was to change venue from the USDC Central District Court to the USDC Eastern District Court. This was successful. The next priority is to file appropriate motions to have individual counsel members dismissed from the lawsuit. This Amendment No. 1 to Agreement No. CA04-042 would add $50,000 to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $75,000. S:\CO U NCI[.~Ad mins\04-05 Admins~ttyRetainerAgrAmdl .Marderosian Wilris.dot February 14, 2005, 10:41AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: lO. V. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 11, 2005 APPROVED CITY ATTORNEY ~ CITY MANAGER ~ Amendment No. 1 to Agreement 02-361 with San Joaquin Fence & Supply to extend the term of the agreement for a two month period with no increase in compensation. RECOMMENDATION: Staff recommends approval of the contract amendment. BACKGROUND: On December 11, 2002 the City Council approved. Agreement No. 02-361 as an annual contract for fencing materials, supplies and installation services. In accordance with the terms of the agreement, the contract was extended for a second year. This contract term extension expired on December 10, 2004. The City began the bidding process for a new annual contract for fencing work in November 2004. Bids were opened on November 29, 2004. Only one bid was received (from the current vendor) for this annual contract. However, due to delays in obtaining bonding and insurance information from the vendor, the new annual contract did not reach the City Council for approval until the February 9, 2005 meeting date. During the interim, some work was ordered by City departments and this work was performed by the vendor. We are therefore asking to extend the term of the previous contract to cover the timing gap between agreements from December 10, 2004 through February 9, 2005. Sufficient funds were remaining on the previous annual contract so this extension requires no increase in compensation. kgearhar 2/11/2005 S:~KirnG~Forms & Lables~Admin~Agrmnt02-361Extension.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: 10.~O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 9, 2005 Old-Town Kern - Mixed Use Project: APPROVED DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER 1. Amendment #1 to Agreement #RA04-005 and 04-097 for Use of Community Development Block Grant Funds for the Old Town Kern - Mixed Use Project. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In September, 2003, the Agency agreed to receive Federal Section 108 and Brownfields Economic Development funds for the Baker Street Mixed Use Project. In addition, in December, 2003, Agreement #RA-04-005 & 04-097 between the City of Bakersfield and the Bakersfield Redevelopment Agency was executed to grant the agency the authority to expend Community Development Block Grant Funds for the Baker Street mixed-use project. As a subrecipient of federal funds, Agency agreed that the proceeds of Community Development Block Grants may only be used for cedain eligible activities. The proceeds are being used for the acquisition of property, relocation of residents and tenants and for the demolition of structures on the acquired properties to enable the agency to complete the project. Under HUD regulations, the Agency is required to assume the responsibility for administering the CDBG funds. This amendment will increase the amount of Acquisition/Demolition CDBG funds being used for this purpose. All other terms of the original agreement remain in full force and effect. These funds have been approved by the City Council for this purpose through the budget process and the HUD action plan amendment process. The Agency approved this agreement at their February 14, 2005 meeting. S:~Admins\City Co~ncil\cdb<:j use admin amend.doc 2/9/2005 9:02 AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: [0.X. TO: Honorable Mayor and City Council APPROVED FROM: Raut M. Rojas, Public Works Director DEPARTMENT HEAD ~f~--_-~ DATE: February 3, 2005 CITY ATTORNEY ~--'~ CITY MANAGER SUBJECT: Amendment No. One to Agreement No. 04-041 with Wilson & Associates, not to exceed $150,000.00, to provide specialized assessment engineering service for various assessment districts. (All Wards) RECOMMENDATION: Staff recommends adoption of the Agreement. BACKGROUND: On February 14, 2001 the City Council approved Agreement No. 01-041 with Wilson and Associates to provide specialized assessment engineering services for processing of developers' acquisition payment requests for various City Assessment Districts. The City desires to continue to use consultant's service and the consultant is nearing the end of the original compensation amount and the parties wish to amend the agreement to provide for additional compensation. The City currently has 26 active Assessment Districts, with a total bond indebtedness of $ 62,485,000.00. All of the Assessment District Acquisition agreements with developers' require that the City make payment to the developer within 30 days after the receipt of the request. These acquisition agreements allow for multiple phased payments to the developer. Due to the number of districts and the timing of the developer's request for payment, staff has been unable to process these requests within the required time period. This agreement will allow the use of a consultant to process these requests and meet the deadline imposed by the acquisition agreements. All costs paid to the consultant under the agreement and this amendment will be funded with Assessment District funds only. Jas G: \ GROUPDAT \ADMINRPT \ 2005 / 02 - 23 \Wil so~U%Dagr ee, doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent calendar ITEM: (0.~, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Department February 10, 2005 /A~/PROVED DEPARTMENT HEAD CITY ATTORNEY ~'~ CITY MANAGER SUBJECT: Reject bids for the Construction of Trunk Sewer Replacement Along Planz Road (Ward 1). RECOMMENDATION: Staff recommends the rejection of bids, re-evaluation of the project's construction methods and rebidding of the project. BACKGROUND: This project consists of reconstructing 10,750 lineal feet of an existing deteriorated sewer line, various sizes, located along Planz Road between South Chester Avenue and Waste Water Treatment Plant #2. The City pre-qualified thirteen bidders for the project and received bids from four pre- qualified bidders, as indicated below. All bids were significantly higher that the engineer's estimate of $7,348,075. The Public Works Department will re-evaluate and revise the method of construction for the project in order to reduce construction costs. The project will then be rebid in the near future. Four bids were received on January 11, 2005 as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (County) In the amount of $11,039,144 Floyd Johnston Construction 2301 Herndon Avenue Clovis, CA 93600 (Out of town) In the amount of $11,362,750 Don Kelley Construction 18550 S. La Canada, #5 Sahuarita, AZ 85629 (Out of town) In the amount of $12,049,850 ARB, Inc. 26000 Commercenter Drive Lake Forest, CA 92630 (Out of town) In the amount of $12,649,085 CMW February 10, 2005, 11:52AM G :\GROUP DAT~ADMIN RPT~2005\02-23\PlanzRdSewerRejectbids.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: (0, J TO: Honorable Mayor and City Council k~[,~ APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: February 1, 2005 CITY ATTORNEY CITY MANAGER Revised Job Specification: Network Systems Technician SUBJECT: RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: Alan Christensen, Assistant City Manager is taking the opportunity to update the job specification prior to filling the current vacancies. Changes have been made to broaden the minimum qualifications to provide a better applicant pool. There is no budgetary impact as the salary will remain the same. CCAPE concurs with the proposed recommendation. The revised job specification will be presented to the Miscellaneous Civil Service Board at their February 15, 2005 meeting. (jm) 1/27/2005 4:18 PM S:~ADMINRP'~'~etwork Systems Technician.dot ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar TEM: TO: Honorable Mayer and City Council APPF[OVED FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD DATE: February 9, 2005 CITY ATTORNEY Cra'MANAGER SUBJECT: Approval of proposed HOME and Redevelopment Housing Set-Aside funded Downpayment Programs and Guidelines. 0NARD 2) RECOMMENDATION: Adoption of the down payment program guidelines and authorization for the City Manager or his designee to implement the down payment program and execute any and all documents and make minor revisions if necessary. BACKGROUND: Approximately two years ago, the Redevelopment Agency developed a housing plan to attract a mix of single family, condominium and multi-family housing opportunities to our Downtown and Southeast redevelopment project areas. Many of these units were planned as affordable. Several of these types of housing redevelopment projects are being designed and some are currently under construction. Examples under construction include the "Cottages" in downtown and various single lot scattered site developments in the Southeast. Over this same time period, Bakersfield has experienced a dramatic increase in costs associated with housing construction and development. This has significantly impacted the economics of these planned affordable projects. For example, the "Cottages" project under development at 21st and "R" streets had original planned sale prices between $130,000 - $150,000. Due to the extraordinary construction cost increases described above, sales prices are now required to be between $170,000 and $200,000. The same experience can be demonstrated in the ~outheast as new home sales prices begin at $'165,000. A recent article published in the Bakersfield Californian comments "new construction costs have shot up 30.1 percent since 2003". Bakersfield's busy housing market will continue to climb unless there's an unexpected "shock" to the overall economy. Given the current population growth and current housing market demand for our area, this "shock" however is not expected in the near future. While this is good news for attracting housing development, it is depressing news for Iow to moderate income families trying to buy a home and redevelopment and housing agencies trying to create affordable housing opportunities. At the same time our home prices have climbed, median income increases in Bakersfield have not kept pace. This has created an even greater housing affordability gap for households of Iow to moderate incomes. For example, in Bakersfield, the average family of four with two incomes, earning $39,000 annually or less, can currently afford to finance an entry level home in the price range of $130K to $140K. S:~,Admins~City Council~co~age dow~payment documentation,doc 2/9/2005 9:08 AM ADMINISTRATIVE REPORT Page 2 Unfortunately, homes throughout Bakersfield in this price range are in very short supply and often require substantial rehabilitation. The City and Redevelopment Agency previously allocated federal HOME funds and Downtown Redevelopment Housing Funds to establish a special down payment assistance program that qualified homebuyers can access to purchase affordable homes that are constructed under our Housing Urban Bakersfield plan. This original down payment program approved last year by the City Council and the Redevelopment Agency provided down payment financial assistance up to $30,000 for qualified families whose incomes did not exceed 120% of median income. However, due to the current housing prices, it is necessary to modify this program limits. The HOME funded down payment program limit must now be increased to $40,000 to qualified homebuyers whose incomes do not exceed 80% of median income and the Redevelopment funded program limit must be increased to $35,000 for homebuyers whose incomes do not exceed 120% of median income. Even at these amounts, it will still be necessary for many of the qualified Iow and moderate income homebuyers to provide a minimum of 3% of their own funds to purchase homes in our programs. Two distinct programs based on the above funding sources have now been developed. Federal Home funds have specific requirements regarding the income limits and terms which differ from the Low and Moderate Income Housing Funds. Beth programs have incorporated the necessary legal requirements. Copies of the program documents, reviewed by legal and approved as to form are attached. A summary sheet for each program and the specific parameters is attached for information purposes. The HOME program and Redevelopment housing funds must be used to further the housing opportunities for Iow and moderate income families. These funds can be used in several ways to achieve this such as; construction assistance to developers, land purchase and contribution, rental subsidy and homebuyer down payment assistance. The down payment program proposed is one of several programs and tools utilized by the City and Redevelopment Agency to create affordable housing opportunities. Staff recommends adoption of the proposed program guidelines and authorization to implement the program immediately. Funds for the proposed programs have been allocated in previous years HOME and Redevelopment Affordable Housing budgets. Additional funds for these down payment programs will be added through the annual budget process in future years depending on homebuyer demand. SSAdmin$~City Cou~:~f~coltage dow~paymenl documentaticn.doc 2J9120059:08 AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 IAGENDA SECTION: Consent Calendar ITEM: (0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen Interim Director of Recreation and Parks February 11,2005 APPROVED DEPARTMENT HEAD ,~.~ CITY ATFORNEY ~ CITY MANAGER ~ Appropriate $210,000 Park Improvement Fund Balance to reimburse Stonecreek Partners, Inc. for Phase II of Stonecreek Park (Ward 6). RECOMMENDATION: Staff recommends authorizing the appropriation. BACKGROUND: On August 30, 1995, the City acquired a six-acre park site located at the northwest corner of Akers Road and Whitegate Avenue. On May 7, 1997, the council entered into an agreement, (97-106), which provided for the construction of Stonecreek Park in two Phases. Phase I of Stonecreek Park is complete and fully reimbursed from development fees collected from specific tracts within the South/Southwest Park Improvement Zone. Stonecreek Partners, Inc. has recently completed construction of Phase II of Stonecreek Park. Agreement #03-253 specifies the completion of Phase II to be paid from development fees collected in an amount not to exceed $310,000. Stonecreek Partners, Inc. has already been paid $100,000. Per the agreement, the balanced owed to Stonecreek Partners, Inc. is to be paid upon a Notice of Completion, acceptance of the Phase II improvements, and collection of sufficient developer fees from specific tracts in the development. A notice of completion and acceptance for Stone Creek Park Phase II improvements was recorded on July 1, 2004 and the sum of $100,000 was paid to the developer on August 12, 2004. Recently, development activity has been heavier than anticipated resulting in the balance due of $210,000. Therefore, staff is requesting appropriation of funds in the amount of $210,000. February 11, 2005, 10:44AM S:~Admin Rpts~2005~stonecreek partners approp 2-23-05,doc AC:al ~[--~~'~ ~Jr~ ~'ii ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 ITEM: (O. cc. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 14, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~-~ Appropriate $60,000 Fund Balance to the Southeast Redevelopment Project Area, Capital Improvement Budget for the acquisition of property located at 15th and "S" streets (City Place Village - Mixed Use Project). (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located at the northeast corner of 15~h & S Streets and consists of 14,320 square feet of M-2 zoned land. The purchase price of $60,000.00 is a product of negotiations based on appraisals prepared by Kern Appraisal Company, Dallas Higdon & Associates, and Kem Fisher Merriman, Inc. A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services Manager. Also, on November 16, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bal~ersfield 2010 General Plan. S:~Admins\City CounciAS Slreet appcoP~ation.doc ~ 2/14/2005 10:26 AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: Consent Calendar ITEM: [0 ,ci¢t., TO: FROM: DATE: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 9, 2005 A -' OVED CITY ATTORNEY CITY MANAGER SUBJECT: Pacific Gas & Electric Grant - Small Business Development 1) Appropriate $3,000 of Pacific Gas and Electric grant funds to the Old Town Kern- Pioneer Operating Budget for small business workshops and counseling by the Small Business Development Center. (WARDS 1 & 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: Annually, Pacific Gas and Electric (PG&E) provides a small grant program for local economic development throughout California. This year, staff submitted a grant request for funding business workshops and assistance for the Old Town Kern Redevelopment Project Area (OTK). PG&E selected our grant proposal and delivered a $3,000 check to fund the program. Staff committed to providing certain in-kind services and funding some of the workshop incidentals such as flyer mailings and refreshments. (There were 147 applications, requesting over $1.3M in funding, that competed for the $200,000 in available grant funds.) The City will contract with the Small Business Development Center (SBDC) to provide business instructors and counselors for approximately 6-8 workshops and to provide individual assistance to small businesses and individuals wanting to start businesses in the OTK area. Workshops should begin sometime in January. Staff will work with the SBDC to develop information flyers to do mailings and a press release to draw participants to the business workshops. These workshops and business counseling should continue to energize the commercial revitalization of the OTK area. Staff received a similar grant from PG&E in 2003, in which business workshops and counseling was provided to the Southeast Project Area. S:~Admins~Cib/CounciAPGE grant appropdaticn to OTK.doc : 2J9/2005 10:45 AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 11, 2005 SUBJECT: 1. 2. AGENDA SECTION: Consent Calendar TEM: 10.~.. APPROVED DEPARTMENT HEAD/~~ CITY ATTORNEY CITY MANAGER Acceptance of Audit Reports for the Fiscal Year ended June 30, 2004: Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2004. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2004. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2004. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2004. Independent Auditors Report - Bakersfield Centennial Garden, Convention Center & Ice Sports Center for the fiscal year ended June 30, 2004. RECOMMENDATION: The Budget and Finance Committee recommends acceptance of the audit reports for the Fiscal Year ended June 30, 2004. BACKGROUND: The various audit reports (listed above) were submitted to the City Council on January 12, 2005 and referred to the Budget & Finance Committee for review. The Budget and Finance Committee reviewed the reports at their February 9, 2005 meeting. All of the audit opinions were unqualified opinions with no significant reportable actions found. The Budget and Finance Committee voted to return the reports to the City Council and are recommending the reports be accepted. nks S:'~KirnG~Forms & Lables~,dmin~Cafr2004bud&fln.doc February 11, 2005, 8:09AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: consent calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director February 9, 2005 APPROVED DEPARTMENT HEAD /~P _ CITY A'I-I'O RN EY~/~ CITY MANAGER ~ SUBJECT: Increase in Refuse Compactor Service Levels Due to Rapid Commercial Development: 1. Addition of two (2) Heavy Equipment Operator positions within the Refuse Enterprise Operation for two (2) added refuse collection reutes. 2. Appropriate $68,992.00 additional revenue to the Public Works operating budget in the Refuse Fund for staff and related equipment operating costs for the remainder of the 2004-05 fiscal year. 3. Transfer and appropriate $240,000.00 Refuse Fund balance to the Public Works operating budget in the Equipment Management Fund to purchase two (2) additional roll off refuse trucks. RECOMMENDATION: Staff recommends approval of the additional positions, appropriation of the additional service revenue for operating expenses, and transfer and appropriation of funds for the purchase of two additional trucks. BACKGROUND: Due to unprecedented commercial development in Bakersfield, it is necessary to add two refuse compactor service routes to meet the demand for services. The increased demand for service has resulted in service revenues significantly over the original revenue projection for FY 2004-05. The need for one new route is due to rapid development of new businesses, along with increased frequency of service for many existing businesses. The other route is needed due to new service for the expansion of the Dreyer's ice cream plant. Staff understood that the Dreyer's plant expansion was not going to need additional hauling service, because Dreyer's intended to haul their own food waste recycling loads. However, staff has recently been notified that additional hauling service is needed. This notification came at a time when staff was preparing to add one additional route for the city,vide growth. The Dreyer's expansion will occupy one full time route alone. To handle the surge in hauling activity, staff has temporarily retained two older roll off trucks which were due to be auctioned. These units will be operated until the additional units can be purchased. Two drivers will be hired from an existing eligible list. Operating costs of $68,992 to cover the personnel and equipment operating cost for the remainder of the 2004-05 fiscal year are covered by the new revenue. The new revenue and service levels are being included in the FY 2005-06 operating budget. kb February 15, 2005, 10:37AM C:'~DOCUME~lVskinner~LOCALS~l\Temp\lncrease in Refuse Compactor Service Levels.doc ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: HEARINGS TEM: ~ [.0.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 9, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY MANAGER Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan. Developers pay a $1,240 per acre fee at grading plan approval stage to compensate for direct and indirect impacts on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the UrnS. Fish and Wildlife Service and California Department of Fish and Game. No change in the fee is recommended at this time. No fee increase is proposed because we have been able to acquire land at very good prices, we have not yet purchased much specialty preserve property which is more expensive and urban conversion of natural lands has been minimal. As a result, increases in State charges can be absorbed while holding down the fee. The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August 25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in August of 1994. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means whereby individuals and the development community in the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts. The program received widespread support from the development community and environmental groups. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is composed of representatives from the City of Bakersfield and Kern County, and includes advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member. ADMINISTRATIVE REPORT Page The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section 66002, the capital improvement plan must be updated annually by the City and County. This report provides the basis for the annual update. Staff has determined that the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (ClP) involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. So far over 10,000 acres of endangered species habitat land have been credited to implementation of the Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and our agreement. Another 2,000 acres of acquisition are in progress. The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at $1,240 per gross acre since the inception of the MBHCP. Non-specialty preserve acquisitions that have been completed are averaging about $350 per acre for the cost of the land. When the cost of very expensive (average $1,547/acre) specialty preserve (Bakersfield cactus and northwest preserve) land is factored in, it raised the average cost to approximately $356 per acre. The program has acquired 547 acres of specialty preserves. A portion of the $1,240 fee is required by wildlife agencies for fencing, enhancement and management of preserve areas. The program is self-supporting and requires no support funds from the city or county. The $1,240 per acre fee has allowed the program to operate adequately and staff does not propose to raise the HMF to compensate for those parts of the HMF that are tied to the automatic raises by the State. The Capital Improvement Plan has operated successfully in meeting the program's obligations under the terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Kern County Board of Supervisors conducted a public hearing on this item on December 14, 2004, and approved a similar resolution. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP. JM (admin\mar\3-9-hcpcip) ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: ITEM: I~..~. Reports TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 11, 2005 APPROVED DEPARTMENT HEAD ,,~.,5' c~ (~r/'~. CITY ATTORNEY C T¥ MA.AGER Resolution adopting Council Policy on Audit Reporting Practices and Rotation of Audit Firms. RECOMMENDATION: The Budget and Finance Committee recommends adoption of a Council Policy regarding audit reporting practices and rotation of audit firms, requiring rotation of audit firms not less than every five years. BACKGROUND: At the September 20, 2004 Budget and Finance Committee meeting staff reported that the City has been audited by the same firm for the past 15 years and while there have been no problems or concerns regarding the work performed, staff recommended implementation of an auditor rotation policy as it is considered "best practice" by many Cities across the nation. Chairman Mike Maggard expressed changing auditing firms every five years would allow for a fresh look and would be a good idea. The committee requested staff to draft a policy to bring back to the committee for review and recommendation to the City Council. Staff submitted a draft policy to the Budget and Finance Committee at their February 9, 2005 meeting. The committee reviewed the draft policy and voted to submit the draft policy to the City Council for their consideration. nks S:~KimG~orms & Lables~Admin-auditor rotation-revision,doc February 15, 2005, 8:37AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2005 AGENDA SECTION: NEW BUSINESS ITEM: t, ~, 0,' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 9, 2005 CITY MANAGER ~ A Resolution Designating Queretaro, Mexico, a Sister city of the City of Bakersfield. RECOMMENDATION: Mayor recommends adoption of the Resolution. BACKGROUND: The Bakersfield Sister City Project Corporation has forwarded a letter requesting a resolution formalizing a sister city relationship between Queretaro and Bakersfield. After much correspondence between the two cities over past several years, in December of 2004, Mayor Hall, Frank Tripicchio and several other Bakersfield Sister City Project Corporation members, traveled to Queretaro as guests of Queretaro, and met with Mayor Armando Rivera. Officials from both cities and the Bakersfield Sister City Project Corporation would like to pursue a sister city relationship. The Bakersfield Sister City Project Corporation has requested the City of Bakersfield designate Queretaro as one of its sister cities. Other sister cities include Wakayama, Japan, the Partisan District of Minsk, Belarus, and Cixi, China. If the resolution is adopted, there will be a formal Partnership Agreement signing at a Sister City Luncheon on Friday, March 4, 2005. RMS:dll S:\CO U NCIL~,d min s/04~ 5 Ad mins\Sis[er C~ t y. Queret ar o ResoAd min.doc February 9, 2005. 10:27AM MEETING DATE: February 23, 2005 ADMINISTRATIVE REPORT I ITEM: I~.b. AGENDA SECTION: New Business TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 14, 2005 APPROVED DEPARTMENT HEAD .//~ _ CITY ATTORNEY ~ c,TY MA.AGER State Route 178 Shoulder Widening Project. (Ward 3) 1. Cooperative Agreement with State of California Department of Transportation ($580,000) for construction of shoulder widening on State Route 178 from approximately Fairfax Road to the mouth of the Kern River Canyon. 2 Appropriate $580,000 Transportation Development Fund Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Agreement and Appropriation. BACKGROUND: Caltrans has been working for several years on a project to install and widen shoulders along State Route 178 from approximately Fairfax Road to the Mouth of the Kern River Canyon. When Caltrans constructs shoulders, they use a reduced pavement thickness in the shoulder area as compared to the roadway itself since shoulders only receive occasional traffic loading. However, the segment of State Route 178 where the shoulder project will be occurring will eventually be widened for additional traffic lanes by area developers and/or the City. Also, much of the segment will become a City maintained street when the new adopted freeway alignment for State Route 178 is constructed. When the future road widening for additional traffic lanes occurs, the Caltrans shoulder would have to be removed and the shoulder area totally reconstructed in order to provide a pavement thickness suitable to support the traffic lane loading. Instead of "throwing away" this shoulder widening and reconstructing the pavement to support traffic lane loading, City staff proposed to Caltrans that the City pay for upgrading the shoulder pavement to full traffic lane thickness now. This agreement will accomplish this upgrading, allowing the shoulder pavement to remain in-place and become part of the traffic lane in the future when the roadway is widened. This segment of State Route 178 is on the facilities list for the Metropolitan Bakersfield Traffic Impact Fee, so this agreement will actually end up saving this program some costs that would have been realized had the shoulders had to have been removed and the shoulder area reconstructed. The Caltrans estimate for the entire shoulder construction project including design and project administration is $8,935,000.00, and the City's contribution to the project to upgrade the shoulders is $580,000.00. The latest schedule received from Caltrans indicates that construction would start in the fall of 2005. PW_Ted Wdght Monday, February 14, 2005 - 2:50:44 PM G:~GROUPDAT~ADMINRP'i~¥~05~02_23\SR 178 Coop Agreement Admin.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 9, 2005 Council Chambers, City Hall, '1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLLCALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson (seated at 5:20 p.m.), Benham, Couch, Hanson, Sullivan (5:17), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator William Avery. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; Bakersfield Fireman Labor Organization v. City, et al. Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:17 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:35 p.m. RECONVENED MEETING - 6:40 p.m. 4. ROLLCALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner ACTION TAKEN APPROVED APPROVED Absent: None. Bakersfield, California, February 9, 2005 - Page 2 INVOCATION by Pastor Wendell Vinson, Canyon Hills Assembly of God PLEDGE OF ALLEGIANCE by Natalie Kobliska, 8th Grade Student, St. Francis School. ACTION TAKEN Motion by Councilmember Sullivan to add an item as 10.b. to Appointments in order to enable the Keep Bakersfield Beautiful Committee to meet with a quorum. APPROVED CLOSED SESSION ACTION Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator William Avery. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; Bakersfield Fireman Labor Organization v. City, et al. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Mark Baumruk, President, American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 21-26, 2005, as "National Engineers Week". Mr. Baumruk made comments. Presentation by Mayor Hall of Proclamation to Barbara Sandrini, President, Assistance League of Bakersfield, proclaiming February 16, 2005, as "Assistance League Day". Ms. Sandrini made comments. Presentation by Councilmember Irma Carson of Mayor's Proclamation to Bernita Jenkins, representing the community, proclaiming February, 2005, as "Black History Month". Ms. Jenkins made comments. 10. 11. Bakersfield, California, February 9, 2005 - Page 3 PUBLIC STATEMENTS ACTION TAKEN Reverend Daniel Gorman, Executive Director of the Bakersfield Rescue Mission provided and update on the facility. Howard Rodgers and Jack Porter spoke regarding the re-naming of Centennial Gardens, and Cheryl Bailey spoke and presented hand-outs. c. Glenn Taplin spoke regarding sidewalks. Vice-Mayor Maggard requested staff contact Mr. Taplin and address his concerns. APPOINTMENTS One appointment to Fire Civil Service Board due to the expiration of term of Jeffrey Vetter, term expired December 31, 2004. City Clerk McCarthy announced applications have been received from Shawn Brandon and Stuart Gentry for the vacancy on the Fire Civil Service Board. Ballots were cast by the City Council as follows: Ward I Brandon Ward 2 Gentry Ward 3 Gentry Ward 4 Gentry Ward 5 Gentry Ward 6 Brandon Ward 7 Brandon Motion by Vice-Mayor Maggard to appoint Stuart Gentry to the Fire Civil Service Board. APPROVED One appointment to the Keep Bakersfield Beautiful Committee due to the expiration of term of John Enriquez 0Nard 6), term expired December 2004. Motion by Councilmember Sulfivan to appoint Pat Frase to the Keep Bakersfield Beautiful Committee. APPROVED CONSENTCALENDAR Minutes: a. Approval of minutes of the January 26, 2005 Council Meeting. 11. Bakersfield, California, February 9, 2005 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Payments: Approval of department payments from January 14, 2005 to January 27, 2005 in the amount of $6,082,679.31 and self insurance payments from January 14, 2005 to January 27, 2005 in the amount of $134,639.58. Ordinances: Resolutions: Agreements: c. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 8 located south of Snow Road and west of Galloway Drive. Final Map and Improvement Agreements with McMillin South San Lauren, LLC, for Tract 6042 Phase 4 located south of Krebs Road and west of Mohawk Street. AGR 05-035 AGR 05-036 AGR 05037 AGR 05038 Final Map and Improvement Agreement with Fairway Oaks South L. P. for Tract 6079 Unit 3 located north of Harris Road and west of Old River Road. AGR 05-039 Final Map and Improvement Agreement with San Joaquin Development Group II, LLC, for Tract 6152 Phase 4 located south of McKee Road and east of Akers Road. AGR 05-040 AGR 05-041 Final Maps and Improvement Agreements with Almond Tree, LLC, for Tract 6155 Phases 1, 2, 3, and 4 located north of Hosking Avenue and west of South Union Avenue. AGR 05-042 AGR 05-043 AGR 05-044 AGR 05-045 AGR 05-046 AGR 05-047 AGR 05-048 Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Units 3 and 4 located north of Noriega Road and west of Old Farm Road. AGR 05-049 AGR 05-049(A) AGR 05-50 AGR 05-50(A) tl. Bakersfield, California, February 9, 2005 - Page 5 CONSENT CALENDAR continued Item 11 .c. continued ACTION TAKEN Final Map and Improvement Agreements with TDB Land, LLC, for Tract 6230 Unit 1 located south of Rosedale Highway and west of Allen Road. AGR 05-051 AGR 05-052 d. Contracts for legal services: Agreement with Clifford & Brown ($280,000.00) for outside legal services. Agreement with Marderosian, Runyan, et al ($485,000.00) for outside legal services. Agreement with Lennar Homes of California, Inc. to purchase real property located west of Allen Road and north of Noriega Road for $120,000.00 for a water well site. Assignment of Lease No. 03-325 from Charles Douglas to Kurt Sickles for Hangar A8. Agreement with Pulte Homes/Del Webb for acquisition of offsite real property interest for property located on the east side of Miramonte Drive near Casa Club Drive. AGR 05-053 A GR 05-054 A GR 05-055 AGR 05-056 AGR 05-057 DEED 6195 Agreement with 5301 Partners, LLC ($13,000.00) for reimbursement for street improvements (right turn deceleration lane) on Truxtun Avenue at Commercial Way. AGR 05-058 i. Environmental Impact Report Processing: Agreement with Northcutt and Associates (not to exceed $100,000.00 for a term of one year) to assist Planning Department staff with the processing of Environmental Impact Reports. AGR 05-059 Appropriate $100,000.00 developer's contribution to the Development Services operating budget. 11. Bakersfield, California, February 9, 2005 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Agreements to Indemnify LAFCO for City Annexations identified as: Annexation No. 467, Proceeding No. 1400 of uninhabited territory consisting of Approximately 640 acres located generally south of State Route 178, east of Miramonte Drive (south of Rio Bravo Development). Annexation No. 459, Proceeding No. 1401 of uninhabited territory consisting of 0.2 acres located south of Brite Street (south of Hwy. 58) generally between South H Street and Oleander Street. AGR05-060 AGR 05-061 Annexation No. 440, Proceeding No. 1403 of uninhabited territory consisting of Approximately 300 acres located at the southwest corner of Gosford Road and Panama Lane. Annexation No. 453, Proceeding No. 1404 of uninhabited territory consisting of 4 acres and 58 acres located in two separate areas as follows: north of Rosedale Highway, generally west of Henry Lane and generally south of Panama Lane, and generally east of Cottonwood Road. Amendment No. 2 to Agreement No. 03-238 with Marden Susco to change contractor's name to Hughes Supply CA LLC. Amendment No. 1 to Contract No. 04-214 with Parsons Water and Infrastructure ($370,790.00, for a total contract amount of $3,696,566.00) to provide additional design services for the Wastewater Treatment Plant 3 - 2007 Expansion, AGR05-062 AGR05-063 AGR 03-238(2) REMOVED FOR SEPARATE CONSIDERATION tt. Bakersfield, California, February 9, 2005 - Page 7 CONSENT CALENDAR continued ACTION TAKEN Bids: Intersection widening and traffic signal modifications on Ming Avenue at Ashe Road and Ming Avenue at New Stine Road: Accept bid and award contract to Granite Construction Company ($1,197,550.60). AGRO~064 Appropriate $365,000.00 Transportation Development Funds to the Capital Improvement Budget within the Transportation Development Fund. Accept bid to award annual contract to San Joaquin Fence & Supply (not to exceed budgeted amount of $150,000.00) to furnish and install fencing around various City properties and canals, Accept bid to award annual contract to Office Depot (not to exceed budgeted amount of $300,000.00) for office supplies. AGR 05-065 AGR 05-066 Miscellaneous: p. Transportation Development Act Funds: Appropriate $115,000.00 Transportation Development Act Article 3 Grant for construction of bicycle lanes on Panorama Drive to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund. Appropriate $2,400.00 Transportation Development Act Article 3 Grant for bicycle storage lockers at the Ice Sports Center to the Capital Improvement Budge within the Bikeway and Pedestrian Pathway Fund. Motion by Vice-Mayor Maggarcl to approve Consent Calendar items 11.a. through 11.p., with the removal of item 11.1. for separate consideration. APPROVED 11. 12. Bakersfield, California, February 9, 2005 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Amendment No. 1 to Contract No. 04-214 with Parsons Water and Infrastructure ($370,790.00, for a total contract amount of $3,696,566.00) to provide additional design services for the Wastewater Treatment Plant 3 - 2007 Expansion. Motion by Councilmember Hanson to approve item 11.L AGR 04-214(t) APPROVED NEW BUSINESS Resolution approving the form of and authorizing the execution and delivery of a pumhase and sale agreement and related documents with respect to the sale of the City's Vehicle License Fee (VLF) Receivable from the State; and directing and authorizing certain other actions in connections therewith. City Manager Tandy and Assistant City Manager Stinson made staff comments. Motion by Vice-Mayor Maggard to adopt the Resolution. APPROVED Naming Rights Agreement with Rabobank, Valley Independent Bank and SMG. City Clerk McCarty announced a correction to the page numbering in the document; and correspondence was received from nineteen citizens, ten in support of the Naming Rights Agreement, and nine opposed to approval of the Agreement. City Manager Tandy introduced Jim Foss, the Private Sector Management Representative of SMG, the firm charged with managing the arena facility, who made comments. City Manager Tandy presented an overview. Councilmember Benham requested assurance that the City would have legal grounds to terminate the agreement should Rabobank violate the law. City Attorney Gennaro responded a revision had been made in order to provide this assurance. Motion by Councilmember Benham to approve the Agreement as amended.. APPROVED 13. Bakersfield, California, February 9, 2005 - Page 9 MAYOR AND COUNCIL STATEMENTS ACTION TAKEN Councilmember Scrivner thanked staff for expeditiously responding to his referral requests and the effort expended on the Vehicle License Fee issue. Councilmember Benham requested the Community Services Committee address the December Report regarding the neighborhood pools. Councilmember Benham thanked Traffic Engineer Steve Walker for his work regarding traffic circulation at the intersections of 244 Street and Oak Street and 244 Street and Elm Street; additionally requested staff proceed with necessary steps to obtain CalTrens approval for an addition right turn lane at the 244 Street and Oak Street intersection. Councilmember Benham requested the appropriate Council Committee follow-up on a prior request regarding cost of additional tan versus parity between the blue refuse containers. Councilmember Benham congratulated Police Lt. Brad Wahl on his award from the Anti-Defamation League for reducing hate crimes in the City. Councilmember Carson thanked Councilmember Scrivner for the Valentine candy and flowers. Councilmamber Carson requested increased police petrol in Dr. Martin Luther King, Jr. Park due to the increased number of transients frequenting the area since the closure of International Park. Councilmember Hanson requested the Legislation and Litigation Committee address the issue of increasing penalties for graffiti vandals. Councilmember Hanson requested the Legislation and Litigation Committee review increasing fines/penalties for illegal signage. Councilmember Hanson requested an update regarding improvements proposed for the Holiday Inn Select. Councilmember Hanson requested staff provide update on the painting of the repaired wall at Mountain Vista and White Lane. Councilmember Couch noted the Ice Center made a profit for the past year. 13. Bakersfield, California, February 9, 2005 - Page 10 MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Couch thanked Police Department and staff for the graffiti reduction program. Councilmember Couch requested staff finalize annexation informational packets for distribution in a neighborhood in the Olive Drive area. Councilmember Couch provided staff information regarding the Hwy. 99 Car Show event. Councilmember Couch requested the Legislation and Litigation Committee add to the prior referral regarding increasing of penalties for graffiti vandals, the issue of increasing penalties for littering and illegal dumping. Councilmember Couch requested staff review policy regarding the price of Neighborhood Watch signs and the feasibility of providing the signs at no cost. Councilmember Couch requested staff evaluate the need for additional staff in the traffic signal area. Councilmember Sullivan thanked Councilmember Scrivner for the Valentine flowers and candy. Councilmember Sullivan expressed appreciation to the Police Department for increasing enforcement of anti-loitering laws and vigilance in reducing drag racing in the Ming Avenue area. Councilmember Sullivan noted Michael Reagan had visited City Hall and is supportive of the City use of the "In God We Trust" motto. Vice-Mayor Maggard requested Assistant City Manager Stinson assist in a response to a citizen. Vice-Mayor Maggard expressed staff and particularly EDCD Director Kunzfor suggesting funding sources for moving Fire Station 5. Vice-Mayor Maggard asked City Attorney Gennaro if City legal staff could prosecute vandals. City Attorney Gennaro responded this is possible. Additionally, Mr. Maggard requested EDCD Director Kunz research funding sources to pay for these special court sessions. 14, Bakersfield, California, February 9, 2005 - Page 11 ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 8:31 p.m. A'FI'EST: MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield