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HomeMy WebLinkAbout07/06/05_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA JULY 6, 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 lIem(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Steven Shepard v. City 2. Lloyd Killebrew v. City, et al. 3. Steven David Rupe v. City, et al 4. John Nelson, et al v. City, et al 5. Pratt/Scudder v. City, et al b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (2 cases). RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Reverend Eddie Ellis, St. Peter Restoration Community Christian Ministries. 7. PLEDGE OF ALLEGIANCE by Vanessa Bravo, 4th Grade Student at Rio Bravo Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS 10. PUBLIC STATEMENTS 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 22, 2005 Regular Council Meeting. Payments: b. Approval of department payments from June 10, 2005 to June 23, 2005 in the amount of $12,755,687.88 and self insurance payments from June 10, 2005 to June 23, 2005 in the amount of $206,052.44. Ordinances: c. First Reading of Ordinance amending Chapter 15.32 of the Municipal Code relating to the 2004 California State Electrical Code. ._."._.--_.__.._-~' .~_._..~._,,,~_._--,,--,,,"-_._._--_.,-----.- (Ward 6) (Ward 1,2.3) (Ward 5) (Ward 1) (Ward 7) (Ward 4) (Ward 5) (Ward 6) (Ward 3) 11. CONSENT CALENDAR continued d. Adoption of Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-22) of the Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to a C-2 (Regional Commercial) zone on 11,965 square feet, and from a C-2 zone to an R-2 zone on 13,030 square feet generally located north of Panama Ln., east of Ashe Rd. (File No. 05-0099). (FR 06/22/05) Resolutions: e. Resolution levyin9 amended assessment amounts for parcels located in Assessment District 04-3 (Solera/Rio Vista). f. Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-33 (Harris, Old River NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-19 (Casa Loma, Lotus 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 Intention No. 1367 to add territory, Area 5-17 (Berkshire, Hayden Hill) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1390 to add territory, Area 1-55 (Allen, Noriega NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1391 to add territory, Area 3-34 (Harris, Mountain Vista NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1392 to add territory, Area 3-31 (Stine, McKee NW #2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. g. h. i. j. k. I. Agreements: m. Final Tract Maps and Improvement Agreements with McMillin Tuscany, LLC, for Tract 6000 Phases 4 and 6 located north of State Route 178 and east of Alfred Harrell Highway. n. Agreement with Clifford & Brown for outside legal services concernin9 the Highway 99 and White Lane Interchange. o. Workers' Compensation Cost Containment Agreements: 1. Agreement with ComplQ (not to exceed $150,000.00) for bill review services. 2. Agreement with Monitor Case Management (not to exceed $70,000.00) for utilization review services. 3. Agreement with Monitor Case Management (not to exceed $35,000.00) for nurse case management services. 2 _.__.~___,_.___._....-_ _".'~_'___-T 11. CONSENT CALENDAR continued (Ward 6) (Ward 3) (Ward 6) (Ward 6) p. On-call Engineering and Surveying Services for non-federally funded Capital Improvement Projects during Fiscal Years 2005-06 and 2006-07: 1. Agreement with Boyle Engineering (not to exceed $300,000.00). 2. Agreement with DMJM Harris (not to exceed $300,000.00). 3. Agreement with Harris & Associates (not to exceed $300,000.00). 4. Agreement with Meyer Civil Engineering (not to exceed $300,000.00). 5. Agreement with Parsons (not to exceed $300,000.00). 6. Agreement with T Y Lin (not to exceed $300,000.00). 7. Agreement with Willdan (not to exceed $300,000.00) q. Improvement Plan Checking Engineering Services: 1. Design Consultant Agreement with Meyer Civil Engineering, Inc. (not to exceed $100,000.00) for improvement plan checking engineering services. 2. Appropriate $60,000.00 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. Environmental Impact Report for General Plan Amendment/Zone Change 05-0519 (Ashe NO.4 Annexation) (Santa Barbara Capital): r. s. 1. Agreement with Santa Barbara Capital for the preparation of an Environmental Impact Report (EIR) and appropriate $137,318.00 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($137,318.00) to prepare an EIR for General Plan Amendment/Zone Change 05-0519. Environmental Impact Report for General Plan Amendment/Zone Change 04-0668/Parcel Map No. 11322 Project (Sky 19 Development): 1. Agreement with S & J Alfalfa, Inc. for the preparation of an EIR and appropriate $184,715.00 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with Michael Brandman Associates ($184,715.00) to prepare an EIR for General Plan Amendment/Zone Change 05-0668. Agreement with Quad Knopf (not to exceed $232,963.00) for the development of an environmental assessment and preparation of an Environmental Impact Report for the expansion and upgrade of Wastewater Treatment Plant NO.3 project. Design Services for Wastewater Treatment Plant NO.3 - 2007 Expansion Project: 1. Amendment NO.2 to Agreement No. 04-214 with Parsons Water and Infrastructure ($4,319,682.00, total not to exceed $8,016,248.00) to provide additional design services for the project. 2. Appropriate $4,000,000.00 Sewer Enterprise Fund Balance to the Capital Improvement Budget. t. u. 3 . - ._..___..__._"..__...._.__._~__._____.,_._._,..,__. I 11. CONSENT CALENDAR continued v. Agreement with Mobile Ag & Industrial Supply (not to exceed $26,130.00) for equipment testing of Fire Department SCBA (self-contained breathing apparatus) and fit testing of face masks. w. Amendment NO.1 to Agreement No. 03-183 with County of Kern (extend term 3 years, $6,240,000.00, for a total amount not to exceed $8,540,000.00) for the City to process the County's greenwaste material. Bids: Accept bid to award contract to Soil Enterprises, Inc. ($191,140.00) for demolition of improvements at 709,711 & 713 Lake Street. y. Accept bid to award annual contract to Kern Sprinkler Landscaping, Inc. (not to exceed budgeted amount of $135,750.00) for irrigation and landscaping services within the City. (Ward 2) x. z. Accept bid to award annual contract to Jim Alfter Cement Contractor (not to exceed budgeted amount of $900,000.00) for concrete work within the City. aa. Extend bid from Gibbs International ($173,160.49) for one (1) additional sewer cleaner truck for the Streets Sewer Division of Public Works. bb. Reject all bids for annual contract for janitorial supplies for various City departments. Miscellaneous: cc. Revised job specification for Assistant City Attorney. dd. Revision to Miscellaneous Civil Service Rules & Regulations. Appropriate $2,500.00 contribution from Kern Schools Federal Credit Union to the Recreation and Parks Department Operating Budget within the General Fund to be used for the MLK Center Camp King Program. ff. 2005 Legislative Platform. (Ward 1) ee. (Ward 1,2) gg. Transfer Section 108 Loan Savings (approx. $120,000.00) and appropriate $49,230.00 Section 108 Loan Interest Earnings to the Municipal Debt Service Fund for payment on outstanding principal and interest balances for Fiscal year 2005-06. hh. Authorize Finance Director to forward to a collection agency, account receivable in various funds totaling $106,188.18. Staff recommends adoption of Consent Calendar items a through hh. 12. CONSENT CALENDAR HEARINGS (Ward 2) a. Hearing to consider Resolution ordering the vacation of the alley between H and Eye Streets between 27'h and 28th Streets. (Ward 2) b. Staff recommends adoption of resolution. Hearing to consider Resolution ordering the vacation of the excess street right of way at southwest corner of Truxtun Avenue and Commercial Way. Staff recommends adoption of resolution 4 .- -..- ._-,---_..~,..,_..,--_.._--,------._~,-'_._~. , 13. HEARINGS a. Hearing to receive comments on the Negative Declaration for the proposed application to LAFCO for an amendment to the City's Sphere of Influence. Staff recommends Council receive public comments. 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT R~'""'" ¢" t' ~ ~a~n;: , ~ City Manager pi 06/29/05 11 :30am 5 AGENDA HIGHLIGHTS JULY 6, 2005 COUNCIL MEETING REGULAR MEETING 5:15 D.m. CLOSED SESSION There will be a conference legal counsel regarding five items of existing litigation, and two items of potential litigation. CONTINUATION OF REGULAR MEETING - 6:30 D.m. CONSENT CALENDAR Ordinances Item 11e. First Readina of an Ordinance Amendina the Municipal Code relatina to the 2004 California State Electrical Code. The current Buildings and Construction Code is based on the 2001 California Electrical Code. This Ordinance will adopt the 2004 Code Electrical Code, which has recently been adopted by the State. City Building staff has met with the County's Building Department to coordinate consistency in code enforcement and scheduling of joint training for the industry. Aareements Item 11n. Aareement with Clifford & Brown for Leaal Services Concernina the Hiahwav 99 and White Lane Interchanae. The City Attorney's Office desires to retain the services of this firm regarding alleged faulty design work performed by URS Corporation on the project. Clifford & Brown has agreed to handle the matter on a contingency fee basis. This means their compensation will be based on a percentage of the net recovery from URS Corporation. Item 110. Workers' Compensation Cost Containment Aareements. Eighteen companies submitted proposals in response to a request for proposal bill review, and seventeen companies submitted proposals for utilization review and nurse case management. After a through review of the proposals, oral interviews were held. The potential providers were assessed on their knowledge and experience in providing workers' compensation cost containment services, with a special focus on providing services to municipalities. Other pertinent factors were considered such as cost savings to the City, fee structure, staffing and computer and reporting capabilities. Staff recommends entering into an annual agreement with ComplQ for bill review services in an amount not to exceed $150,000 per year. Staff also recommends entering into annual contracts with Monitor Case Management for utilization review services in an amount not to exceed $70,000 per year, and for nurse case management services in an amount not to exceed $35,000 per year. Item 11p. On-Call Enaineerina and Survevina Services for Non-Federallv Funded Capital Improvement Proiects durina Fiscal Years 2005-06 and 2006-07. Out of the 30 firms that submitted proposals, 7 were selected. Those firms are: Boyle Engineering (Bakersfield); DMJM Harris (Los Angeles); Harris & Associates (Fresno); Meyer Civil Engineering (Bakersfield); Parsons (Pasadena); T Y Lin (San Ramon); and Willdan (Ventura). Since specific scopes of work have not Agenda Highlights July 6, 2005 Page 2 yet been determined, the compensation amount for each firm is set at a not-to-exceed amount of $300,000 each for a 2-year period. Project assignments will be based on the firm's experience and expertise, and on a rotational basis. Item 11q. Desian Consultant Contract with Mever Civil Enaineerina. Inc. for Imorovement Plan Checkina Enaineerina Services in an amount not to exceed $100.000. The Subdivision Section of the Public Works Department currently has a four-week backlog in improvement plan check. In order to maintain an acceptable service level for the development community, staff recommends hiring an outside consultant firm to provide plan checking services during peak times. Items 111. and u. Aareements for Preoaration of an Environmental Imoact Reoort and Desian Services for the Exoansion and Uoarade of Wastewater Treatment Plant No.3 Proiect. Recent growth has caused the existing Wastewater Treatment Plant No. 3 to rapidly approach its maximum treatment capacity. Additionally, Plant No.3 will need to be expanded to accommodate new housing developments on the west side and the growth of the Dreyer's Grand Ice Cream Plant. Staff received responses from two environmental planning firms to prepare the EIR, who were then interviewed by a selection committee and ranked on their qualifications, ability to perform the work, and understanding of the project requirements. Quad Knopf was selected because of their highly qualified team of environmental planners, experience with wastewater treatment facilities, and extensive environmental planning background on projects in and around the City, and they provided the best value to the City. Although WZI, Inc. was the low bidder, they have less experience with environmental planning and EIR development for public agencies, and had not developed an EIR for a large municipal wastewater treatment plant. A fixed fee of $232,963 was negotiated after a final refinement of the scope of work. The City and Parsons Water and Infrastructure, Inc. entered into an agreement on July 21, 2004 for design consulting services for the expansion of Wastewater Treatment Plant 3. At that time, the proposed design was based on an increase in capacity from 16 million gallons per day to 24 million gallons per day, and included the disposal of secondary treated effluent for irrigation of non-food crops on farmland similar to the current plant effluent disposal operation. Considering the rapid and unanticipated growth in the service area, staff is now recommending an enlarged expansion of the treatment capacity to 32 million gallons per day. Parsons recommends the addition of a tertiary treatment facility and sludge dewatering facilities to the enlarged secondary facilities. The expanded scope of work for design and construction of Wastewater Treatment Plant 3 would enable the City to sell tertiary treated wastewater in lieu of purchasing additional costly farmland. The contract amendment includes the changes in scope of work, and increases the compensation by $4,319,682, for a total contract amount of $8,016,248. Item 11w. Amendment NO.1 to Aoreement No. 03-183 with Kern County to Extend the Term for the Citv to Process the Countv's Greenwaste Material in an amount not to exceed $8.540,000. The Agreement provides for the City's facility to accept and process recyclable greenwaste from County areas. Under the agreement, the County pays a prorated share of the facility expenses, according to the percentage of their greenwaste. The current agreement expires June 30, 2005. The amendment continues the program another three years and adjusts the amount of compensation to reflect budgeted amounts for the coming year. It also makes a few other minor changes, which are listed in the administrative report. Bids Item 11x. Award Contract to Soil Enterorises, Inc. for Demolition of Imorovements at 709-711-713 Lake Street in the amount of $191,140. The Baker Street Redevelopment Project requires the clearing of the block between Baker and King Streets, and Kentucky and Lake Streets for redevelopment. This project will complete the demolition of the north half of this block. Previous Agenda Highlights July 6, 2005 Page 3 demolitions were completed last year and the remainder will be demolished next year to complete this project. Funding was provided by HUD grants. Five acceptable bids were received. Staff recommends award to Soil Enterprises, Inc. Item 11z. Award Annual Contract to Jim Alfter Cement Contractor for Concrete Work in an amount not to exceed $900.000. This contract provides for concrete work and repairs on curbs, gutters, sidewalks, etc. One acceptable bid was received. The budgeted amount reflects a 5% increase over last year's unit prices. Jim Alfter Cement Contractor has satisfactorily performed this service for eight years. Item 11bb. Reiect all Bids for Annual Contract for Janitorial Supplies for Various Departments. Out of the 34 invitations to bid that were sent, 8 firms responded; however all 8 were incomplete. Staff will review the needs of the departments and either rebid or implement other procedures to secure the supply items generally purchased on this contract. Miscellaneous Item 11cc. Revised Job Specification for Assistant City Attorney. This position was added to the FY 2005-06 budget at the request of Council. The primary responsibilities will be to develop, maintain and monitor a Community Prosecution Program. This revision was approved by the Miscellaneous Civil Service Board. Item 11 dd. Revision to Miscellaneous Civil Service Rules & Reaulations. The Miscellaneous Civil Service Rules and Regulations have been revised to streamline the hiring process and clarify the language to be consistent with actual practice. Specifically, administrative functions have been delegated to the Human Resources Manager to reduce cycle time recognizing that the Board's primary function is that of an appeal body. The revisions are endorsed by the Central California Association of Public Employees and were approved by the Miscellaneous Civil Service Board. Item 11ft. Leaislative Platform. The Legislative and Litigation Committee met on June 13, 2005 to review the 2005 Platform for possible changes. The Committee recommended two paragraphs under General Government with obsolete language regarding legislation on the 2004 ballot be deleted. It was noted if new legislative issues should emerge during the year, the Platform could be updated to reflect current trends. Item 11gg. Transfer Section 108 Loan Savin as (approximatelY $120.000) and Appropriate $49.230 Section 108 Loan Interest Earninas to the Municipal Debt Service Fund for Payment on Outstandina Principal and Interest Balances for FY 2005-06. In August 2003, the City received Section 108 loan funds for various public facility improvements, which are now complete. There are minor balances remaining, which staff proposes to apply to outstanding principal and interest on the loans. Due to expenditure limits, these funds cannot be transferred or reprogrammed for a future project. Should they not be used for the recommended purpose, the City would be required to return the funds to HUD. Item 11hh. Authorize Finance Director to Forward Account Receivables in Various Funds Totalina $106.188.18 to a Collection Aaencv. Staff has exhausted all possible means to collect the past due amounts. Further collection efforts would result in excessive cost. Historically, 5-7% of City accounts forwarded to a collection agency are eventually recovered. The accounts are detailed in the administrative report. Agenda Highlights July 6, 2005 Page 4 CONSENT CALENDAR HEARINGS Item 12a. Hearina to Consider a Resolution ADDrovina Vacation of Allevs between H and Eve Streets and 27'h and 28th Streets. This vacation will enable San Joaquin Community Hospital to move ahead with the planning and construction of a parking structure related to the expansion. The new parking structure will eliminate the need to have a variance to the off-street parking requirements. No objections have been received from any City department, utility companies or adjacent property owners. The Planning Commission found the vacation to be consistent with the 2010 General Plan. Item 12b. Hearina to Consider a Resolution ADDrovina the Vacation of the Southwest Corner of Truxtun Avenue and Commercial Wav. A right-turn deceleration lane was recently constructed on eastbound Truxtun Avenue at Commercial Way. The property at this corner had more right-of-way than was necessary to complete the project. It is this additional right-of-way that the City wishes to abandon. No objections have been received from any City department, utility companies or adjacent property owners. The Planning Commission found the vacation to be consistent with the 2010 General Plan. HEARINGS Item 13a. Hearina to Receive Public Comment on the Neaative Declaration ProDosed for the SDhere of Influence (SOl) Amendment to LAFCO. Because of Bakersfield's unprecedented growth, it is necessary to amend the SOl in order to provide adequate area for future expansion. The last revision was August 2004. The proposed amendment would take in most of the Metropolitan Bakersfield planning area. No annexations are proposed with this request. The Negative Declaration is a result of a study to assess the potential environmental impacts and identify any appropriate mitigation measures associated with the proposal. LAFCO will rely upon this document in approving the request. The public will also have an opportunity to comment on the Municipal Services Review. This document analyzes the City's ability to provide urban services. This hearing is to receive input on the adequacy of the negative declaration. Comments are to be referred to staff for response and preparation of a final negative declaration for subsequent adoption. Approved: John W. Stinson, /7 Assistant City Manager (1 ÚJ7 cc: Department Heads Rhonda Smiley, Public Relations City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Closed Session ITEM: I.j a.. TO: FROM: Honorable Mayor and City Council CITY MANAGER APPROVED ¡/~ I/&- ól57 Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: June 28, 2005 CITY ATTORNEY SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Steven Shepard v. City of Bakersfield USDC Case No. CIV-F-02-6113 OWW LJO · Lloyd Killebrew v. City of Bakersfield, et al US DC Case No. CIV-F-04-5208 CWW TAG · Steven David Rupe v. City of Bakersfield, et al USDC Case No. CIV-F-04-5885 · John Nelson, et al v. City of Bakersfield, et al KCSC Case No. S1500 2503507 AEW · Pratt/Scudder v. City of Bakersfield, et al KCSC Case No. 253264/253265 RJA June 28. 2005. 3:34PM ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 TO: Honorable Mayor and City Council AGENDA SECTION: Closed Session ITEM: L . b. CITY MANAGER APPROVED tÆ t/(; &u7 FROM: DATE: Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY June 23, 2005 SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (2 cases) June 23, 2005, 10:49AM ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II.C!. TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk DEPARTMENT HEA6lJ. d CITY ATTORNEY CITY MANAGER 67¡JS APPROVED /" DATE: June 24, 2005 SUBJECT: Approval of minutes of the June 22, 2005 Council meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ~ __..." ,_._..__._...~>,_.. M..__~.. _"'_'.."_~._'." _.__.____.-,._.___..._~.__. .___ ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: Il.b. TO: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD ..f- ~ CITY ATTOR~ ~ Þ R-Itll> CITY MANAGER C'\li57 FROM: DATE: June 23, 2005 SUBJECT: Approval of department payments from June 10, 2005 to June 23, 2005 in the amount of $12,755,687.88 and self insurance payments from June 10, 2005 to June 23, 2005 in the amount of $206,052.44. RECOMMENDATION: Staff recommends approval of payments totaling $12,961,740.32. BACKGROUND: klg June 23, 2005, 3:09PM S:\KimGlFonns & LablesIADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: eonsW Co..Ie.hdoY ITEM: II. c." , TO: Honorable Mayor and City Council Stanley Grady, Development Services Director DEPARTMENT HEAD FROM: DATE: June 16, 2005 CITY ATTORNEY CITY MANAGER a. "5) SUBJECT: An ordinance amending Chapter 15.32 of the Bakersfield Municipal Code relating to the 2004 California State Electrical Code. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The current Buildings and Construction Code is based on the 2001 California Electrical Code. The 2004 edition of the California Electrical Code has been adopted by the state requiring the amendment of the Municipal Code to reflect the adoption. The proposed ordinance repeals the former ordinance in order to adopt the California Electrical Code as amended, copies of the proposed ordinance is attached to this report. The Building Department staff has reviewed the provisions of this ordinance with the Building Industry Association of Kern County. Building Department staff has also met with the Kern County Building Department to coordinate consistency in code enforcement and scheduling of joint training for the industry. iw June 16, 2005. 4:49PM T:\ClerklAgendaIAOMINFORM.dot ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent ITEM: II. d. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services APPROVED DEPARTMENT HEAD~kS67 CITY ATTORNEY ¡JJJ¡,,4- . 6k55 CITY MANAGER June 22, 2005 SUBJECT: An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to a C-2 (Regional Commercial) zone on 11,965 square feet, and from a C-2 (Regional Commercial) zone to an R-2 (Limited Multiple Family Dwelling) zone on 13,030 square feet generally located north of Panama Lane, east of Ashe Road (File No. 05-0099). (Ward 6) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was held June 22, 2005. The applicant states the zone change is to facilitate the processing for Vesting Tentative Tract 6475. The existing irregular shape property line is being altered slightly to allow for uniformity in lot depth. The proposed minor adjustment to the zone boundaries is consistent with the General Plan. The General Plan identifies the land uses "generally" and the adoption of a zone change is based on actual legal descriptions. The proposed zone change promotes orderly development by providing adequate land configuration for subdividing related Vesting Tentative Tract 6475. Staff has no objection to the zone change request. JE Admin\7-6-0099 _ __ _.____d_'____~_...__,,~_.___.._._·__".~._·_··__ ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: II. e.. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ,,4/5' CITY ATTORNEY fJìr¿J CITY MANAGER &...'ß FROM: Gregory J. l<Jimko, Finance Director DATE June 21,2005 SUBJECT: Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 04-3(Solera/Rio Vista). RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On May 25, 2005, Council approved the Resolution 111-05 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield Assessment District 04-3(Solera/Rio Vista). The Bond issue amount was estimated to be $3,430,000. Subsequent to the adoption of Resolution 111-05, the actual amount of bonds issued for the district was $3,380,000 ($50,000 less than originally estimated). This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The amended levy amounts are lower than the original levy amounts and they more accurately reflect the actual amount of unpaid principal bonds outstanding. S:\CORE\ ìADMI:'>-REDUCTIONLIEN.DOC ADMINISTRATIVE REPORT AGENDA SECTION: Consent ITEM II. f. MEETING DATE: June 24,2005 TO: Honorable Mayor and City Council APPROVED DEPARTMENTHEAD~~ $61 CITY ATTORNEY;:J5r1.4 FROM: DATE: Development Services - Building June 24, 2005 CITY MANAGER ~ SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1,2 and 3) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on June 13, 2005, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. June 20. 2005, 2:38PM P:\admin report oct6bl1.doc 205 Bliss St. 924 Chester PI. 607 S. Haley St. Lot N of 901 L St. 1003 - 1005 L St. 121 Milham Dr. 132 Milham Dr. 9100 St. 818 Q St. 220 Rodman St. 221 Rodman St. 205 E. 3rd St. 1104 2nd St. 139-341-03 010-211-16 019-102-16 009-142-09 009-112-09 139-422-06 139-421-06 009-162-18 009-202-03 139-341-12 139-341-10 139-322-10 010-240-14 $ 339.00 $ 1,895.00 $ 2,120.00 $ 695.00 $ 1,895.00 $ 339.00 $ 339.00 $ 520.00 $ 695.00 $ 789.00 $ 489.00 $ 293.00 $ 570.00 ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 14. 1620 Alta Vista Dr. 012-231-04 $ 269.00 Ward 3/Councilmember Maaaard 15. 16. 17. 18. 3204 Bucknell St. 3712 K St. 3815 K St. 2806 La Costa St. 021-243-07 120-110-23 120-060-08 146-432-17 $ 1,034.00 $ 243.00 $ 1,303.00 $ 294.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. June 20. 2005, 2:38PM P:\admin report oct6bI1.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: . . FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director E:ROVED DEPARTMENT HEAD ~ CITY ATTORNEY v;G7rb4 CITY MANAGER ~ TO: DATE: June 9. 2005 SUBJECT: Resolution adding territory, Area 3-33 (Harris, Old River NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On June 8,2005 the Council adopted Resolution of Intention No. 1388 to add territory, Area 3-33 (Harris, Old River NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6323. Area 3-33 is generally bounded by a line approximately 1320 feet north of Harris Road on the north, a line approximately 1330 feet east of Old River Road on the east, Harris Road on the south and Old River Road on the west. This area will be under the park and streets cape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the 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 subdividerldeveloper to be recorded with the subdivision map. mr MD3-33_Est ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: (I.h. TO: Honorable Mayor and City Council DATE: June 9, 2005 CITY ATTORNEY CITY MANAGER APL.-VED ffiru xlJ? FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution adding territory, Area 5-19 (Casa Loma, Lotus 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 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On June 8, 2005 the Council adopted Resolution of Intention No. 1387 to add territory, Area 5-19 (Casa Loma, Lotus 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 a park and street landscaping for the property described as Site Plan Review #02-0551. Area 5-19 is generally bounded by Casa Loma Drive on the north, a line approximately 650 feet east of Lotus Lane on the east, a line approximately 660 feet south of Casa Loma Drive on the south and Lotus Lane on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the 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 subdividerldeveloper to be recorded. mr MDS-19_Est ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II. ¡, TO: Honorable Mayor and City Council June 22, 2005 CITY ATTORNEY CITY MANAGER tSk5s FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution of Intention No. 1367 to add territory, Area 5-17 (Berkshire, Hayden Hill) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6210 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 5-17 is generally bounded by a line approximately 1320 feet north of Berkshire Road on the north, a line approximately 2120 feet east of South "H" Street on the east, Berkshire Road on the south and a line approximately 1470 feet east of South "H" Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr June 22. 2005. 3:13PM MD5-17Ri05 ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II. i. v TO: FROM: DATE: Honorable Mayor and City Council PROVED June 22, 2005 CITY ATTORNEY CITY MANAGER Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution of Intention No. 1390 to add territory, Area 1-55 (Allen, Noriega NW) 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 Tentative Tract No's. 6289, 6453 and 6364 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 1-55 is generally bounded by Kratzmeyer Road on the north, Allen Road on the east, Noriega Road on the south and Renfro 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 subdividerldeveloper to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr June 22. 2005, 2:56PM MD1-55Ri05 ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II.k. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER X1vS DATE: June 22, 2005 SUBJECT: Resolution of Intention No. 1391 to add territory, Area 3-34 (Harris, Mountain Vista NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6303 and Tentative Parcel Map No. 11089 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 3-34 is generally bounded by a line approximately 1,250 feet north of Harris Road on the north, Old River Road on the east, Harris Road on the south and Mountain Vista Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. A copy of this covenant is attached for reference. mr June 22, 2005, 3:08PM MD3-34Ri05 ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II. I. TO: FROM: DATE: Honorable Mayor and City Council June 23, 2005 CITY ATTORNEY CITY MANAGER t\I;JS Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution of Intention No. 1392 to add territory, Area 3-31 (Stine, McKee NW #2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6283 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 3-31 is generally bounded by a line approximately 515 feet north of McKee Road on the north, Stine Road on the east, McKee Road on the south and a line approximately 1365 feet west of Stine 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 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 subdividerldeveloper to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr June 23, 2005, 9:52AM M03-31 Ri05 ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: ll.m. DATE: June 16, 2005 CITY ATTORNEY CITY MANAGER r ¡fþzj óN7 TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Tract Maps and Improvement Agreements (1) Final Maps and Improvement Agreements with McMillin Tuscany, LLC, for Tract 6000 Phases 4 and 6 located north of State Route 178 and east of Alfred Harrell Highway. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. June 16, 2005. 9:28AM G:\GROUPOAT\ADMINRPT\2005\07-06\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: II. n, TO: FROM: Honorable Mayor and City Council CITY MANAGER APPROVED ¿/~ t/(; ~ Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY DATE: June 24, 2005 SUBJECT: Agreement with outside counsel, Clifford & Brown for legal services concerning the Highway 99 and White Lane Interchange. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City Attorney's Office desires to retain the legal services of Clifford & Brown as it concerns the alleged faulty design work performed on the Highway 99 and White Lane Interchange Project by URS Corporation. Clifford & Brown has agreed to handle the matter on a contingency fee basis. This means that compensation to Clifford & Brown will be based on a percentage of the net recovery from URS Corporation. GG:dll S:~COUNCIL\Admins\04-o5 Admins\AttyRetainerAgr .C&B.HolI'man.dot June 15, 2005, 11 :42AM ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Committee Reports ITEM: I\.v. TO: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER @1S> SUBJECT: Workers' Compensation Cost Containment Agreements 1) Agreement with ComplQ for bill review services not to exceed $150,000 per year 2) Agreement with Monitor Case Management for utilization review services not to exceed $70,000 per year 3) Agreement with Monitor Case Management for nurse case management services not to exceed $35,000 per year Honorable Mayor and City Council FROM: John Stinson, Assistant City Manager DATE: June 22, 2005 RECOMMENDATION: Staff recommends approval BACKGROUND: On March 4, 2005, a request for proposal to provide workers' compensation cost containment services to include bill review, utilization review and nurse case management, was sent to 25 companies. Eighteen companies submitted responses for bill review and seventeen companies submitted responses for utilization review and nurse case management. After a thorough review of the proposals submitted, the following companies were selected to participate in the oral interview process for biil review: ComplQ, Genex, Tristar, Total Healthcare Management, and CompPartners. The following companies were selected for utilization review: Genex, Tristar, Corvel, Total HealthCare Management, and Monitor Case Management. The following companies were selected for nurse case management: Genex, Tristar, Corvel, Total HealthCare Management and Monitor Case Management. Corvel declined to participate in the oral interviews. On May 27, 2005, oral interviews were held. The City's oral board consisted of the foil owing staff: Ginny Gennaro, City Attorney; Carroil Hayden, Human Resources Manager: Cheryl Perkins, Treasurer: and Pat Flaherty, Risk Manager. The potential providers were assessed on their knowledge and experience in providing workers' compensation cost containment services, with a special focus on providing services to municipalities. Other pertinent factors were considered such as cost savings to the city, fee structure, staffing and computer and reporting capabilities. June 27, 2005. 10:54AM S:IMeglAgreements\RFPIWC-Claims Admin12005IADMI N-RPT. DOC ADMINISTRATIVE REPORT Based on the proposals submitted and the results of the oral interviews, staff recommends awarding contracts to ComplQ for bill review services and Monitor Case Management for utilization review and nurse case management services. The ComplQ contract provides for a flat fee in the amount of $7 per bill and a maximum of 20% of savings for Preferred Provider Organization discounts. This fee is comparable to that quoted by other companies interviewed. ComplQ has provided bill review services to the City for the past seven years resulting in excellent cost savings. Monitor Case Management has extensive experience with cities in California and was lowest bidder for utilization review services ($180 flat fee per claim and $200 per hour for peer review) and the lowest bidder of those interviewed for nurse case management services ($80 per hour). The annual not to exceed amounts are based on our recent claims experience; however, due to the nature of worker's compensation claims, the number of claims submitted, the severity of injuries, etc., the not to exceed amount may need to be adjusted in the future. The actual charges for these services will vary based upon our actual claims and will be offset to some degree by the amount of savings resulting from these contracts. The term of the agreements are for (2) years, the City may extend the contract for one additional year under the same terms and conditions. Sufficient funds have been budgeted in the Risk Management budget for these services. June 28. 2005. 1:59PM S:IMegICONTRACTS\RFP\WC-Claims Admin\2005\ADMIN-RPT.DOC ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II'D. , TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEA~ ~ CITY ATTORNEY (¿It 12fV1$.-.. CITY MANAGER éZß DATE: June 23, 2005 SUBJECT: Award of seven separate Consultant Agreements to seven engineering firms (each agreement not to exceed $300,000) for providing on-call engineering and surveying services for non-federally funded Capital Improvement Projects during Fiscal Years 2005- 06 and 2005-07. (All Wards): Boyle Engineering; DMJM Harris; Harris & Associates; Meyer Civil Engineering; Parsons; T Y Lin; and Willdan RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an on-call engineering and surveying services contracts with selected engineering firms in 1996. This on call program provides staff surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be effective for providing timely design and surveying services to the City to maintain CIP project delivery. These agreements will allow the on call program to continue for Fiscal Years 2005-06 and 2006-07. On April 18, 2005, staff sent out a notice about this program to 134 local and out of town engineering firms. A total of 30 firms responded to that notice by obtaining a copy of the City's Request for Qualifications. On May 13, 2005, the following seventeen firms submitted a Statement of Qualifications, along with their Hourly Billing Rate Schedule. Boyle Engineering (Bakersfield) CRC Enterprises (Bakersfield) Harris & Associates (Fresno) Mcintosh & Associates( Bakersfield) Omni-Means (Visalia) Psomas (Bakersfield) Ruettgers & Schuler, Civil Engineers (Bakersfield) TetraTech (Irvine) Willdan (Ventura) Cannon Associates (Bakersfield) DMJM Harris (Los Angeles) Katz, Okitsu & Associates (Monterey Park) Meyer Civil Engineering (Bakersfield) Parsons (Pasadena) Quad-Knopf (Bakersfield) T Y Un (San Ramon) The Keith Companies (Bakersfield) ADMINISTRATIVE REPORT Based upon the selection committee's review of the Statements of Qualifications that were submitted by those firms, the committee recommends award of consultant agreements to the following seven firms: Boyle Engineering (Bakersfield); DMJM Harris (Los Angeles); Harris & Associates (Fresno); Meyer Civil Engineering (Bakersfield); Parsons (Pasadena); T Y Lin (San Ramon); and Willdan (Ventura). Since specific scopes of work have not yet been determined, the compensation amount for each firm is set at a not-to-exceed aggregate total of $300,000 for a two-year period. Project assignments will be based on the firm's experience and expertise and on a rotational basis. Funding for these agreements will be paid for through the actual budgeted project. No additional appropriations are anticipated at this time. To reduce paper usage, the backup documents attached to this administrative report are limited to a copy of each of the seven contracts (eight pages each), and one copy of the City's Request for Qualification which is included as Exhibit A in each of the seven original contracts. Each original contract also includes the consultant's submitted Statement of Qualifications and billing schedule as Exhibit B. Those Exhibit B's are available in the City Clerk's Office for review. ADMINISTRATIVE REPORT MEETING DATE: July 7, 2005 AGENDA SECTION: Consent Calendar ITEM: . . TO: FROM: Honorable Mayor and City Council A~PROVED DEPARTMENT HEAD ~ CITY ATTORNEY /3!Jt4 , Raul Rojas, Public Works Director DATE: June 15, 2005 CITY MANAGER tf1iJ3 SUBJECT: Improvement Plan Checking Engineering Services: 1. Design Consultant Contract with Meyer Civil Engineering, Inc. (not to exceed $100,000) for improvement plan checking engineering services. 2. Appropriate $60,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: The Subdivision Section of the Public Works Department currently has a 4 week back log in improvement plan check. The goal is to review plans within 2 weeks of submittal. In order to maintain an acceptable service level for the development community, staff recommends hiring an outside consultant firm to provide plan checking services during peak times. Additionally, one of the obligations of the City of Bakersfield has taken on in an agreement with McAllister Ranch is to provide a guaranteed 3- week turn around time. This agreement will provide those services, and McAllister Ranch will be paying for these services. Revenue higher than originally estimated will be realized in the current fiscal year because of the increased activity. An additional appropriation of $60,000 is needed to fund this agreement. mps June 23. 2005, 11 :56AM G:\GROUPDA T\ADMINRPT\2005\07 -06\MeyerCE Contract.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENïDA SECTION: Consent ITEM: l. r . TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services APPROVED DEPARTMENT HEAD~ k567 CITY ATTORNEY 12ìY14- CITY MANAGER n¿1? DATE: June 22, 2005 SUBJECT: Agreement for the preparation of an Environmental Impact Report for General Plan Amendment/Zone Change No. 05-0519 (Ashe NO.4 Annexation) (Santa Barbara Capital). 1. Agreement between Santa Barbara Capital and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $137,318.00, the developer's contribution, to the Development Services operating Budget in the General Fund. 2. Agreement between RBF Consulting and the City of Bakersfield for $137,318.00 to prepare an Environmental Impact Report for General Plan Amendment/Zone Change (EIR) for General Plan Amendment No. 05-0519. (Ward 6). RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: Santa Barbara Capital is proposing a 466.83 acre project, which will be located south of Taft Highway, between Y:. mile west of Ashe Road and Stine Road to the east, in Sections 3 and 4, Township 31 South, Range 27 East, Mount Diablo Base and Meridian (MDB&M). Applicant - City Agreement: This agreement acknowledges that Santa Barbara Capital will pay for all costs associated with the preparation of the Environmental Impact Report. The total cost of the EIR is $172,514.00, which consists of $137,318.00 for consulting services and $35,196.00 to reimburse the City for its costs in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 05-0519 (Ashe NO.4 Annexation). MO Admin\7-9-0519agree ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent ITEM: II. S. TO: FROM: Honorable Mayor and City Council Development Services - Planning APPROVED DEPARTMENT HEAD<~ CITY ATTORNEY J¡!)n4' CITY MANAGER ðf;:rs DATE: June 21, 2005 SUBJECT: Agreements for preparation of Amendment/Zone Change No. Development). (Ward 3) 1. Agreement between S & J Alfalfa, Inc. and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $184,715.00, the developer's contribution, to the Development Services operating Budget in the General Fund. an Environmental Impact Report for General Plan 05-0668/Parcel Map No. 11322 project (Sky 19 2. Agreement between Michael Brandman Associates and the City of Bakersfield for $184,715.00 to prepare an Environmental Impact Report for General Plan Amendment/Zone Change (EIR) for General Plan Amendment No. 05-0668 RECOMMENDATION: Staff recommends approval of the agreements and the appropriation. BACKGROUND: S & J Alfalfa, Inc is proposing a 600± acre project which will be located south of State Highway 178, east of Morning Drive, in Section 19, Township 29 South, Range 29 East, Mount Diablo Base and Meridian (MDBM). Applicant - City Agreement: This agreement acknowledges that S & J Alfalfa, Inc. will pay for all costs associated with the preparation and completion of the Environmental Impact Report. The total cost of the EIR is $240,130.00, which consists of $184,715.00 for consulting services and $55,415.00 to reimburse the City for its costs in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 05-0668 (Sky 19 Development). MAD SKY 19 EIR Admin.doc #05-0668 ADMINISTRATIVE REPORT I MEETING DATE: July 6,2005 AGENDA SECTION Consent Calendar ITEM: II.t. TO: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD FROM: DATE: June 23, 2005 CITY ATTORNEY CITY MANAGER IP~OVED ';;mw ~ SUBJECT: Agreement with Quad Knopf (not to exceed $232,963) for the development of an environmental assessment and preparation of an Environmental Impact Report for the Expansion and Upgrade of Wastewater Treatment Plant NO.3 Project (Ward 6). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The recent growth on the west side of Bakersfield has caused the existing Wastewater Treatment Plant No. 3 to rapidly approach its maximum treatment capacity. The current capacity of the Plant is 16 million gallons per day (MGD). Plant No.3 will be expanded to 32 MGD to accommodate new housing developments on the west side of Bakersfield and the growth of the Dreyer's Grand Ice Cream Plant. City staff issued a Request for Proposal (RFP) and received responses from 2 environmental planning firms, WZI, Inc and Quad Knopf. These firms were interviewed by a selection committee and ranked on their qualifications, ability to perform the work, and understanding of the project requirements. The selection committee ranked the two firms prior to reviewing the Fee Proposals. The top ranked firm was Quad Knopf because of their highly qualified team of environmental planners, their experience with wastewater treatment facilities and their extensive environmental planning background on projects in and around the City of Bakersfield. The second firm, WZI, Inc, has worked extensively in the Kern County area, but had a background primarily on private industrial projects, had less experience with environmental planning and EIR development for public agencies, and had not developed an EIR for a large municipal wastewater treatment plant. Due to the critical nature and timing of this project, the City staff believes that it is in the best interests of the City to use the environmental planning consultant with the most extensive experience with municipal wastewater treatment projects. Therefore, the City staff recommends approval of the Consultant Agreement with Quad Knopf. After a review of the Fee Proposals, it was decided that Quad Knopf provided the best value to the City despite the lower fee proposed by WZI, Inc. A fixed fee of $232,963 was negotiated after a final refinement of the scope of work. Sufficient funds are budgeted to award this contract. To reduce paper usage, the backup documents attached to this administrative report do not include the Consultant's Proposal. The Consultant's Proposal is available in the City Clerk's Office for review. WWTP OWhitten - June 23, 2005, 2:48PM G:\GRÕUPOAT\AOMINRPT\200S\07.Q6IAdmin Report for Quad Knopf Contract Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: II. lÅ. CITY MANAGER APP~ED /It ßtt¡J ()7J:> FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD TO: June 23, 2005 CITY ATTORNEY SUBJECT: Design Services for the Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6): 1. Amendment NO.2 to Design Consultant Contract No. 04-214 with Parsons Water and Infrastructure to increase compensation to the Consultant by $4,319,682, (for a total contract amount of $8,016,248), to provide additional design services for Project. 2. Appropriate $4,000,000 Sewer Enterprise Fund Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Amendment and appropriation. BACKGROUND: The City of Bakersfield and Parsons Water and Infrastructure, Inc. entered into an agreement on July 21, 2004 for design consulting services for the expansion of Wastewater Treatment Plant 3. Expansion of Plant 3 is required to accommodate the increase in wastewater flows from new grow1h areas in Plant 3 service area. The original proposed design was based on an 8 million gallons per day increase in capacity and included the disposal of secondary treated effluent for irrigation of non-food crops on farmland similar to the current plant effluent disposal operation. After commencing development of a Pre-design Study in September 2004 to evaluate the City's wastewater treatment options, City staff concluded that the rapid grow1h in the Plant 3 service area necessitated a re-evaluation of the timing and scope of the plant expansion. Currently, Wastewater Treatment Plant 3 is approaching its maximum treatment capacity and projections of future grow1h in the Plant 3 service area indicate that planning for a second plant expansion would have to commence prior to completion of this 8 million gallon per day treatment plant expansion. City staff is now recommending an enlarged expansion of the treatment capacity for Wastewater Treatment Plant 3 to 16 million gallons per day (for a total treatment capacity of 32 million gallons per day) to meet the unanticipated, rapid grow1h in the Plant 3 service area. Parsons Water and Infrastructure, the City's design consultant has evaluated cost/treatment options jointly with City staff and recommends the addition of a tertiary treatment facility and sludge dewatering facilities to the enlarged secondary facilities. The expanded scope of work for design and construction of Wastewater Treatment Plant 3 would enable the City to sell tertiary treated wastewater in lieu of purchasing additional costly farmland. The contract amendment includes the following major changes In scope of work: 1) Revise expansion from 8 million gallons per day to 16 million gallons per day. Total treatment capacity of plant after expansion will then be 32 million gallons per day, 2) Increase size of power cogeneration facility, pw·W'NTP. ac June 23. 2005, 4:05PM G:\GROUPDAT\AOMINRPT\2005\07-06\Adm Report for Amendemt no.2 for Parsons. doc ADMINISTRATIVE REPORT 3) Design influent sewer pipe line including abandonment of McCutcheon/Gosford sewer lift station, 4) Sludge dewatering facilities which enables removal of current sludge drying beds which frees up land space and removes potential for odors, and 5) Design of wastewater Administration Building which includes laboratory and design of shop expansion. PHASE II DESIGN TASKS 6) Design for tertiary treatment facilities. This will create saleable effluent clean enough to discharge in local canal and eliminate costly purchase of farmland. and 7) Design for tertiary treatment effluent pipe line. Note: Phase II Design Tasks (tertiary treatment) are being budgeted in this amendment. The design for Phase II shall not commence until the DESIGN CONSULTANT has been given written authorization from the CITY. P'N-WWTP: ac June 23. 2005, 4:05PM G:\GROUPDA T\ADMINRPT\2005\07"()6\Adm Report for Amendemt no.2 for Parsons.doc ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: I .". TO: FROM: Honorable Mayor and City Council Ron Fraze, Fire Chief APPROVED DEPARTMENT HEAD?:P -!J ~ CITY ATTORNEV11Ð K1iP. Am.5- CITY MANAGER 61..J3> DATE: June 27, 2005 SUBJECT: Fire Department Equipment testing 1. Contract with Mobile Ag & Industrial Supply for equipment testing of Fire Department SCBA's (self-contained breathing apparatus) and fit testing of face masks not to exceed $26,130. RECOMMENDATION: Approval of Contract. BACKGROUND: This contract with Mobile Ag & Industrial Supply is for Posi checks for SCBA equipment and fit testing of face masks. The Fire Department's life safety equipment testing has fallen behind and it is mandatory to contract with an outside agency in order to complete the testing in a timely manner. June 28, 2005, 2:53PM S:\SUSANlAdmin Report WordlMobile Ag.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent ITEM: Il.w. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director ROVED June 14, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Amendment NO.1 to Agreement No. 03-183 for Processing of Greenwaste Material for the County of Kern by the City of Bakersfield, to Extend the Agreement for a Term of Three Years, With a Total Compensation of Not to Exceed $8,540,000. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Agreement No. 03-183 between the City and County provides for the City's greenwaste facility to accept and process recyclable greenwaste from County areas. Under the agreement, the County pays a prorated share of the facility expenses, according to the percentage of County greenwaste. Agreements for this cost sharing arrangement have been in place since the beginning of the green waste recycling program in 1994. The current agreement is for $2,300,000 over two years, and expires June 30, 2005. This amendment continues the program another three years and adjusts the overall amount of compensation to $8,540,000 over the entire five year period. The FY 2005-06 facility budget is $6,126,803. This includes $1,150,201 in capital expenditures for new equipment and facility improvements, and $4,976,602 for operating expenses. The facility offsets a small portion of its cost ($120,000) with revenue from the sale of compost and wood chips. The remaining net cost of $6,006,803 is then shared by the County and City. The County's share for FY 2005-06 is estimated at $1,982,245, leaving $4,024,558 to be funded from the refuse enterprise fund. The amendment also makes a few minor administrative changes, including: A reduction in the number of vehicle weight surveys to save staff time. The use of new permanent truck scales in place of portable ones for weight surveys. Separate tracking of costs and revenues for wood fuel versus compostable material. An earlier annual budget planning cycle to coordinate between City and County. The greenwaste facility has been a very important part of Bakersfield and Kern County's success in complying with the state's 50% recycling mandate. The amount of greenwaste recycled at the facility has doubled since 2000, and has tripled since 1995. kb June 30. 2005, 8:48AM G:\GROUPDA lìADMINRPT\2005\07 -06\Greenwasta Ageement Amendment No. 1.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: 11.)(. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ¡¡1 /' CITY ATTORNEÿZ)b /íJ72 EmS- CITY MANAGER---.DZùS DATE: June 16, 2005 SUBJECT: Accept bid to award contract to Soil Enterprises, Inc. ($191,140.00) for Demolition of Improvements at 709-711-713 Lake Street (Ward 2). RECOMMENDATION: Staff recommends acceptance of low acceptable bid and award of contract. BACKGROUND: The Baker Street Redevelopment Project of the Economic and Community Development Department requires the clearing of the block between Baker and King Streets, and Kentucky and Lake Streets for redevelopment. This project will complete the demolition of the north half of this block. Previous demolitions of buildings on Baker Street and Kentucky were completed last year. The remainder of this block will be demolished next year to complete this project. Funding for this demolition project was provided by HUD grants. The Engineer's Estimate was $225,000 and sufficient funds are available for this project. Five acceptable bids were received on May 3, 2005 for this project as follows: Soil Enterprises, Inc. P.O. Box 733 Brentwood, CA 94513 (Out of Town) in amount of $191,140.00 Valley Tree & Construction 4233 Quinn Road Bakersfield, CA 93308 (Local) in amount of $197,685.01 Gilliam & Sons, Inc. 9831 Rosedale Hwy. Bakersfield, CA 93312 (Local) in amount of $205,056.00 U.S. Construction, Inc. 10418 Boca Cyn. Drive Santa Ana, CA 92705 (Out of Town) in amount of $219,212.00 Vortex 320 Butte Street Bakersfield, CA 93305 (City) in amount of $224,670.27 June 16, 2005, 8:31AM G:\GROUPDA T\ADMINRPT\2005\07-06\ADMINFORM.dot ADMINISTRATIVE REPORT In addition, three bids were received on May 3, 2005 which were deemed "Non-Résponsive" as follows: Midwest Environmental Control 4919 Contractor Road, Trailer "M" Edwards, AFB, CA 93523 (County) in amount of Failed to perform "Good Faith Effort" as required by HUD funding. $163,420.00 Bowen Engineering & Environmental 4664 S. Cedar Avenue Fresno, CA 93725 (Out ofTown) in amount of $174,000.00 Failed to provide insurance and bonding as required by Special Provisions. Elam Woods Construction Co. 8720 Morrow Road Atascadero, CA 93422 (Out of Town) in amount of $329,839.00 Subcontracted more than 50% of work in violation of the "State of California, Standard Specifications for Construction of Local Streets and Roads" requirements. WGMlPWÆNGR June 16, 2005, 8:31AM G:\GROUPOA T\AOMINRPT\2005\07 '()6IADMINFORM.dot ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: ".lJ. J TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /f/j /J)114 ðÛJS June 23, 2005 SUBJECT: Accept bid to award annual contract to Kern Sprinkler Landscaping, Incorporated, not to exceed the budgeted amount of $135,750.00, for irrigation and landscaping services within the City. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract will be used primarily by the Recreation and Parks Department for improvements to median islands throughout the City of Bakersfield. Invitations to bid were sent to thirty- five (35) vendors. One (1) bid, from the current local contractor, was received. It reflects a 6% increase in unit prices over last year's contract prices. Kern Sprinkler Landscaping, Incorporated has satisfactorily performed this service for the City for the last four (4) years and staff recommends award of the contract to this proven vendor. Purchasing Division KB S:\PURCHIADMINlC05_0706_AC Irrigation&Landscaping.doc June 23. 2005, 12:43PM "'_"r~_' .._'.."_' ....~_·.m".· ,,_._ _ ,,".'·~__,_._'~.m._·_,'__'___~___ .._.___,."__~_____._,~_.__._._ ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II."L. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD /\/5 CITY ATTORNEY /t!)Jz4 . CITY MANAGER óZus June 22, 2005 SUBJECT: Accept bid to award annual contract to Jim Alfter Cement Contractor, not to exceed the budgeted amount of $900,000.00, for concrete work within the City. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides for concrete work and repairs on curbs, gutters, sidewalks, etc., throughout the City. Departments estimate quantities and types of repair that may be required for the upcoming year. Invitations to bid were sent to nineteen (19) vendors and advertised in the newspaper. One (1) bid, from the current local contract holder, was received. It reflects a 5% increase in unit prices over last year's contract prices. Jim Alfter Cement Contractor has satisfactorily performed this service for the City for eight (8) years and City staff recommends award of the contract to this proven vendor. Purchasing Division KB S:\PURCHIADMINlC05_0706_AC ConcreleConst.doc June 23, 2005, 12:41 PM ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: 1\. aa.. DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 23, 2005 APPROVED TO: FROM: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /V5 ß)J2J ~ SUBJECT: Extend bid from Gibbs International $173,160.49, for one (1) additional Sewer Cleaner Truck for the Streets Sewer Division of Public Works. RECOMMENDATION: Staff recommends extension of bid. BACKGROUND: At the Council meeting of March 30, 2005, Gibbs International was awarded the bid for the purchase of a Sewer Cleaner Truck. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Gibbs International has indicated their approval of extending the same per unit cost for this purchase. In FY 2005-2006 budget, one (1) additional Sewer Cleaner Truck was approved in the Equipment Replacement Fund. The truck will be used by the Streets Sewer Division of Public Works. Purchasing Division KB S:\PURCHIADMINlC05_0706_SewerCleanerTruckext.doc June 23, 2005 ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: II. bb. TO: FROM: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD ,...v-=) CITY ATTORNEY jJfJ¿.t CITY MANAGER ~ DATE: June 23, 2005 SUBJECT: Reject all bids for Annual Contract for Janitorial Supplies for various City departments. RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent to thirty-four (34) bidders. Eight (8) incomplete bids were received. Staff will review the needs of the departments and either rebid or implement other available purchasing procedures to secure the Janitorial supply items generally purchased on this contract. Purchasing Division KB S:\PURCHlADMINlC05_0706_AC Jan~orial Sup Reject.doc June 23, 2005, 4:46PM ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGEN~A SECTION: Consent Calendar ITEM: II. C1'.. TO: FROM: Honorable Mayor and City Council ~ Carroll Hayden, Human Resources Manager DEPARTMENT HEAD June 22, 2005 CITY ATTORNEY CITY MANAGER APPROVED ~ t/¿f- (ÍΡJ7 DATE: SUBJECT: Revised Job Specification: Assistant City Attorney RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: This position of Assistant City Attorney was added to the 2005-06 budget at the request of the City Council. The primary responsibilities of the new position will be to develop, maintain and monitor a Community Prosecution Program (CPP) under the direction of the City Attorney's Office. The CPP will focus on quality-of-life issues such as criminal prosecution of City misdemeanors and civil restitution for crimes such as graffiti. Therefore, the City Attorney, Virginia Gennaro, is taking the opportunity to update the job specification prior to conducting the recruitment to fill this position. The revised job specification was approved by the Miscellaneous Civil Service Board at their June 21, 2005 meeting. Om) 6/312005 3:27 PM S:\ADMINRP11Assistant City Attomey.dot - ---_._-_.._-_..._._-----~._..-_.._.... --.'-.'-- . . _0' ___.~_.__.,_ ._.__~'._ -____t ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA ~EpTION: Consent Calendar ITEM: I/. d(] . TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager APPROVED DEPARTMENT HEAD /þ; CITY ATTORNEY ~ CITY MANAGER XlùS June 22, 2005 SUBJECT: Revision to Miscellaneous Civil Service Rules & Regulations RECOMMENDATION: Staff recommends approval of the revisions. BACKGROUND: The Miscellaneous Civil Service Rules and Regulations have been revised to streamline the hiring process and clarify the language to be consistent with actual practice. Specifically, administrative functions have been delegated to the Human Resources Manager to reduce cycle time recognizing that the Board's primary function is that of an appeal body. Revisions to the rules are proposed in the following categories: 1) Rule 3.01 - The Board 2) Rule 3.06 - Rules of Order 3) Rule 3.11 - Human Resources Manager 4) Rule 6.07 - Termination of Eligible List 5) Rule 7.03 - Nepotism 6) Rule 10.02 - Specifications The Central California Association of Public Employees endorses the revisions. The Miscellaneous Civil Service Board approved the revisions at their June 21, 2005 meeting. Um) 6/23/2005 11 :32 AM S:\Admin Rpts\2005\civj service rule changes 7-6-05.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: Honorable Mayor and City Council DATE: June 20, 2005 CITY ATTORNEY CITY MANAGER APPROVED b i- 1-1-- 10M ~ Dianne Hoover Director of Recreation and Parks DEPARTMENT HEAD SUBJECT: Appropriate a $2,500 contribution from Kern Schools Federal Credit Union to the Recreation and Parks Department Operating Budget within the General Fund to be used for the MLK Camp King program. (Ward 1) RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Department recently received a contribution from Kern Schools Federal Credit Union (KSFCU) to be used for the Camp King program during FY 2005-06 and offered at the Dr. Martin Luther King, Jr. Center, located at 1000 South Owens Street. The program will operate this summer for six weeks from June 20, 2005 through July 29, 2005. The program provides children with a safe, structured program including arts & crafts, sports, storytelling, special events, games, and swimming activities. The funds will be used for supplies, excursion transportation, and equipment. June 20. 2005. 2:53PM: RW S:\2005 AdminsIMLK_KSFCU Contri Admin.doc ADMINISTRATIVE REPORT MEETING DATE: July 6, 2005 AGENDA SECTION: Consent Calendar ITEM: 11..ff. TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager June 20, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED .~ ¡/.ç ()/J7 SUBJECT: 2005 Legislative Platform RECOMMENDATION: Legislative and Litigation Committee recommends approval. BACKGROUND: Current legislative concerns are captured in the City's Legislative Platform, which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and Litigation Committee met on June 13, 2005 to review the 2005 Platform for possible changes. The Committee recommended two paragraphs under General Government with obsolete language regarding legislation on the 2004 ballot be deleted. It was noted if new legislative issues should emerge during the year, the Platform could be updated to reflect current trends. With the proposed change, the Committee feels the Platform reflects the City's current legislative concerns. Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed 2005 Legislative Platform. June 20, 2005, 8:55AM S:IACI05 Legislative&LitigationIAOM05July06LegislativePlatlonn.doc ~ ~~;'j ADMINISTRATIVE --;-',f- ....,;,.,',..~ "-..' ---:l/.:FO'[~>\ .~::::;..~ REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: I/. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD @ CITY ATTORNEY ~ CITY MANAGER ~ FROM: Donna L. Kunz, Economic Development Director DATE: June 22, 2005 SUBJECT: Transfer Section 108 Loan Savings (approximately $120,000) and Appropriate $49,230 Section 108 Loan Interest Earnings to the Municipal Debt Service Fund for Payment on Outstanding Principal and Interest Balances for Fiscal Year 2005-06. (WARDS 1 & 2) RECOMMENDATION: Staff recommends approval BACKGROUND: In August, 2003, the City received Section 108 loan funds for various public facility improvements. These projects are now complete and there are minor balances remaining. The deadline to expend the Section 108 funds for the projects is June 30, 2005. Staff is proposing to apply these balances to the outstanding principle and interest on the loans. The Dept. of Housing and Urban Development has authorized the City to use these funds for this purpose. Because the City has reached the expenditure time limits on these projects, these funds cannot be transferred or reprogrammed for a future project. According to HUD representatives, the only other option would be to return the unused funds to HUD. There is approximately $120,000 in project savings from the Section 108 Loans and $49,230 in interest earned. Staff is proposing to apply these balances to the August, 2005 Section 108 principal and interest payment. S :\Admins\City Council\Section 1 OaSavings 7605. doc 6/22/20051 :33 PM ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Consent Calendar ITEM: I\. hh, TO: FROM: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD ~--< CITY AHORNE: ßìn<L_ CITY MANAGER Q1;J7 DATE: June 23, 2005 SUBJECT: Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $106,188.18. RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) Risk Management (Property Damage Claims) Police (Alarm Violations & Misc. Activity) Fire & Fire Safety (Environmental Services) Other $ 6,491.80 300.70 SUB-TOTAL 6,792.50 32,608.90 13,865.00 5,747.00 89.80 SUB-TOTAL 59,103.20 47,084.98 Economic & Community Development TOTAL $10618818 The recommended write off amount is about .30% of total billing, or less than 1 %. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 11.46% or $12,171.49 and Judgments make up 7.00% or $7,460.08 of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. klg June 24, 2005. 11 :32AM P:\FORMSlAdmin - Writeoffs03Revised.doc ADMINISTRATIVE REPORT The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. klg June 24. 2005. 11 :32AM P:\FORMSlAdmin - Writeoffs03Revised.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Hearings ITEM: 1.1.IÂ. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENTHEAD~~ CITY ATTORNEY '* CITY MANAGER ~ Raul M. Rojas, Public Works Director DATE: June 27, 2005 SUBJECT: Resolution ordering the vacation of the alley between "H" Street and Eye Street I between 27th Street and 28'" Street within Section 19, T.29S., R.28E., M.D.M. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: San Joaquin Community Hospital is moving ahead with the planning and construction of a parking structure related to the expansion of the hospital to better meet the growing health care needs of Bakersfield. This new parking structure will eliminate the need to have a variance to the off street parking requirements of the City of Bakersfield, and will give them enough additional parking for medical building on the corner of Chester and 26th Street. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail and Public Works notes that utility lines located within the area shall be realigned by the developer. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of May 5, 2005, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1382 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of June 8, 2005. Notice of this public hearing has been duly advertised and posted as required by law. June 28, 2005. 8:00AM S:\Street VacationslSAN JOAQUIN AT BLOCK 5161ROl1382 Admin-final hearingdoc.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Hearings ITEM: la, b. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD 9;?/~ßf1 CITY ATTORNEYf' f/f': CITY MANAGER (\J,., 1:S FROM: DATE: Raul M. Rojas, Public Works Director June 27, 2005 SUBJECT: Resolution ordering the vacation of the excess street right of way at southwest corner of Truxtun Avenue and Commercial Way within Section 34, T.29S., R.27E., M.D.M. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield is constructing a right turn deceleration lane on Truxtun Avenue eastbound at Commercial Way. The property located on the southwest corner of Truxtun Avenue at Commercial Way had dedicated street right of way beyond the right of way necessary to expand the intersection to ultimate width. The City desires to abandon additional right of way beyond what is required. This activity is permitted and consistent with the General Plan Designation for the site, Office Commercial. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail and Public Works notes adequate easements shall be reserved for any existing public utilities located in the vacating area. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of May 5, 2005, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1383 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of June 8, 2005. Notice of this public hearing has been duly advertised and posted as required by law. June 27. 2005, 2:54PM S:ISlreet VacationslCOMMERCIAL WAY-TRUXTUN AVE\ROI1383 Admin-final hearingdoc.doc ADMINISTRATIVE REPORT MEETING DATE: July 6,2005 AGENDA SECTION: Hearing ITEM: /3.0.. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services DEPARTMENT HEAD CITY ATTORNEYW(ð?¿ ~ APPROVED %- June 29, 2005 CITY MANAGER Xl;:J2;, SUBJECT: A hearing to receive comments on the Negative Declaration for the proposed application to LAFCO for an amendment of the City of Bakersfield Sphere of Influence. RECOMMENDATION: Receive comments. BACKGROUND: This hearing is to receive public comment on the proposed negative declaration for the proposed Sphere of Influence Amendment and Municipal Services Review. The Cortese/Knox/Hertzberg Local Government Act of 2000 requires LAFCO to update Sphere of Influence (SOl) for all applicable jurisdictions. Because of Bakersfield's unprecedented growth, it is necessary to amend the SOl in order to provide adequate area for future expansion. It is required for LAFCO to review the SOl every five years. The last revision was August 2004. LAFCO requires that the City submit the analytical work with an application to amend its sphere to be placed on its agenda for review and amendment. SOl PROPOSAL: The proposed amendment to the SOl would take in most of the Metropolitan Bakersfield planning area. For annexation to occur, a property must be contiguous to existing city limits and within the SOl. No annexations are proposed with this request. THE MUNICIPAL SERVICE REVIEW: Any change to the SOl requires a Municipal Service Review (MSR) document which analyzes the City's ability to provide urban services. LAFCO must evaluate the service-related information and make written determinations for nine factors. These factors cover evaluations of Infrastructure Needs and Deficiencies, Growth and Population, Finance Constraints and Opportunities, Opportunities for Cost Avoidance, Rate Restructuring, Shared Facilities, Government Structure, Accountability, Governance and Management. ...~. -+--.,., .-......,..-.-.-.. "'-"-~" ADMINISTRATIVE REPORT Page 2 THE NEGATIVE DECLARATION: The City conducted an Initial Study to assess the potential environmental impacts and identify any appropriate mitigation measures associated with the proposal. The result of that work is a proposed Negative Declaration. The Negative Declaration was distributed for pUblic and agency review on June 20, 2005. The 30 day review period runs from June 20, 2005 to July 20, 2005. The City of Bakersfield is both project proponent as well as the Lead Agency for the proposed project. LAFCO will rely upon this document in approving the request. This hearing is to receive input on the adequacy of the negative declaration. Comments are to be referred to staff for response and preparation of a final negative declaration for adoption. MG Admin\7-6-soi BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 22, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None 2. PUBLIC STATEMENTS 3. WORKSHOP 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Eugene Jackson v. City, et al. 2. Greg Moore v. City, et al. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (2 cases). Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:18 p.m. APPROVED Motion by Councilmember Couch to adjourn from Closed Session at 6:25 p.m. APPROVED Bakersfield, California, June 22, 2005 - Page 2 RECONVENED MEETING - 6:20 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None 6. INVOCATION by Reverend Jose Guerra, Living Hope Baptist Church. 7. PLEDGE OF ALLEGIANCE by Lorena Salinas, 5th Grade Student at Berkshire Elementary School. 8. CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Eugene Jackson v. City, et al. 2. Greg Moore v. City, et al. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (2 cases). 9. PRESENTATIONS a. b. a. Presentation by Mayor Hall of Certificates to Number 1 Ranked Graduates in the Kern High School District. Mayor Hall recognized the following students and presented them with certificates: · Kelly Hodges, Daniel Lau and Emily Sayles - Bakersfield High School · Colin Haynes, Tommy Lewis and Paul Ricketts - Centennial High School · Niles A. Dhanens, Michael D. King, Jr. and Zachary M. Smith - East High School · Kerri Munn - Foothill High School · Kassondra Guerra - Highland High School · Heather Keldgord, Kevin Okarski, Guido Pellegrini, Caroline Schrodt, Breananna Sheahan and Christopher Smith - Liberty High School - "------ --'---------,-.-.-- .---.--..-----...., -'.- ._..__.~._-"'"._,----"_._- ACTION TAKEN NO REPORTABLE ACTION NO REPORTABLE ACTION Bakersfield, California, June 22, 2005 - Page 3 9. PRESENTATIONS Item 9.a. continued ACTION TAKEN · Jennifer Berry - North High School · Daniela Sakamoto - Ridgeview High School · Inderbir Singh - South High School · Ryan Newbrough, Margaret Oran, Claudia Shim, Jennifer Shuler, William Tran and Eric Won - Stockdale High School · Jennifer Heath - Vista West High School · Jennifer Hart and Malori Musselman - West High School 10. PUBLIC STATEMENTS a. Michael Turnipseed, Kern County Taxpayers Association, spoke regarding pension reform and provided written material. 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 16, 2005 and June 6, 2005 Budget Meetings, and June 8, 2005 Regular Council Meeting. Payments: b. Approval of department payments from May 27, 2005 to June 9, 2005 in the amount of $6,577,293.85 and self insurance payments from May 27, 2005 to June 9, 2005 in the amount of $198,673.21. Ordinances: c. Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123- 22) of the Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to a C-2 (Regional Commercial) zone on 11,965 square feet, and from a C-2 zone to an R-2 zone on 13,030 square feet generally located north of Panama Ln., east of Ashe Rd. (File No. 05-0099). FR Bakersfield, California, June 22, 2005 - Page 4 11. CONSENT CALENDAR continued Resolutions: d. Resolution determining that Police mobile data radio equipment cannot be obtained through usual bidding procedures due to the need to integrate into the existing radio system infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $72,000.00. e. Compactinglwashing equipment at Wastewater Treatment Plant 2: 1. Resolution determining that appropriate compactinglwashing equipment to process grease from waste haulers at Wastewater Treatment Plant 2 cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase the "Vulcan Screenings Washing Press model EWP 400/1200" from The Coombs-Hopkins Company, not to exceed $76,700. 2. Appropriate $8,500 Sewer Enterprise Fund Balance to the Public Works Department's Operating Budget. f. Resolution authorizing submission of application to the U.S. Department of Housing and Urban Development (HUD) for FY 2005 Economic Development Initiative - Special Projects Grant for $277,760.00. g. Sewer Connection Fee Assessment: 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Irene Gallegos, 5200 Elysium Street, to pay sewer connection fee in installments and notice of special assessment lien. ACTION TAKEN RES 132-05 RES 133-05 RES 134-05 RES 135-05 AGR 05·220 Bakersfield, California, June 22, 2005 - Page 5 11. CONSENT CALENDAR continued ACTION TAKEN h. Resolution adopting the revised Breckenridge RES 136-05 Planned Drainage Area, approving the new fee schedule, and making findings thereto. i. Resolutions for Annexation Applications proposing proceedings for annexation of territory to the City identified as: 1. Annexation No. 473, consisting of 60.71 RES 137-05 acres of uninhabited land located west of Calloway Drive, generally north of Snow Road. (Ward 4 upon annexation) 2. Annexation No. 478, containing 97.35 acres RES 138-05 of uninhabited land located east of Calloway Drive, generally north of Snow Road. (Ward 4 upon annexation) 3. Annexation No. 481, containing RES 139-05 approximately 127 acres of uninhabited land located east of South Union Avenue, and south of East Panama Lane. (Ward 1upon annexation) 4. Annexation No. 488, consisting of 16.70 RES 140-05 acres of uninhabited land located generally at the northwest corner of State Highway 99 and Taft Highway. (Ward 6 upon annexation) 5. Annexation No. 489, consisting of 1.68 acres RES 141-05 of uninhabited land located along the south side of Rosedale Highway, west of EI Toro Viejo Road, between Coffee Road and Calloway Drive. (Ward 4 upon annexation) 6. Annexation No. 490, consisting of 1.90 acres RES 142-05 of uninhabited land located north of Brimhall Road, generally between Verdugo Road and Jewetta Avenue. (Ward 4 upon annexation) j. Resolution in support of SB 34 which would prohibit RES 143-05 sex offenders from legally removing themselves from the "Megan's Law" Sex Offender Website. -- ._~._..~ ---.', ..~.,-.-_._..- - - ~._--_._._-,_._...~---_._._,.__.,~~-_._--- Bakersfield, California, June 22, 2005 - Page 6 11. CONSENT CALENDAR continued k. Vantagecare Retiree Health Savings Plan: 1. Resolution approving the Vantagecare Retirement Health Savings Program for employees in the Blue and White Collar Employee Groups. Resolution approving the Vantagecare Retirement Health Savings Program for employees in the Management Group. 2. Agreements: I. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6323 Unit 1 located north of Harris Road and east of Old River Road. m. Agreement with M. Green & Company LLC ($43,268.00) to perform full scope annual audit of the 2004-05 Fiscal Year. n. Agreements with U. S. Department of the Interior, Bureau of Reclamation for grant of easement to operate and maintain a sewer line across the Friant- Kern Canal at Coffee RoadlRosedale Highway and Brimhall Road east of Coffee Road o. Agreement with Castle & Cooke Commercial - CA, Inc., to exchange real property located at the southwest corner of Pacheco Road and Young Street. p. Agreement with Praise Tabernacle Community Family Center ($10,000.00 of CDBG funds) for the design and construction of a wheelchair ramp and ramp cover at 3540 L Street. q. Agreement with Kern Affordable Housing, Inc. (KAH) ($300,000.00 HOME Investment Partnership funds) for the rehabilitation of the Park Real Apartment complex located at 414 Real Road. ACTION TAKEN RES 144-05 RES 145-05 AGR 05-221 AGR 05-222 AGR 05-223 AGR 05-224 AGR 05-225 AGR 05-226 DEED 6257 DEED 6259 AGR 05-227 AGR 05-228 Bakersfield, California, June 22, 2005 - Page 7 11. CONSENT CALENDAR continued ACTION TAKEN r. Allen Road Sewer Project: 1. Cooperative Agreement with County of Kern AGR 05-229 for street improvements in conjunction with Allen Road Sewer Project. 2. Appropriate $500,000.00 County share to the Capital Improvement Budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No.3). s. On-call civil engineering and survey agreement amendments (extend contract periods): 1. Amendment NO.2 to Agreement No. 03-176 AGR 03-176(2) with Mcintosh & Associates. 2. Amendment NO.2 to Agreement No. 03-177 AGR 03-177(2) with Meyer Civil Engineering, Inc. 3. Amendment NO.2 to Agreement No. 03-178 AGR 03-178(2) with QUAD KNOPF, Inc. 4. Amendment NO.2 to Agreement No. 03-179 AGR 03-179(2) with Ruettgers & Schuler, Civil Engineers. t. Outside Legal Services for Prosecution of Misdemeanor Crimes Committed in the City: 1. Agreement with Kronick Moskovitz AGR 05-230 Tiedemann & Girard (not to exceed $79,560.00) for legal services. 2. Agreement with Klein, DeNatale, Goldner, AGR 05-231 Cooper, Rosenlieb & Kimball (not to exceed $79,560.00) for legal services. u. Agreement with Kern Refuse Disposal (KRD) for AGR 05-232 collection of household bulky items (compensation of $25.00 per call-in per household, limit of one call per quarter). v. Amendment NO.3 to Agreement No. 03-182 with AGR 03-182(3) Krazan & Associates, Inc. to extend the period for material testing services for various construction projects (no change in not to exceed compensation amounts). Bakersfield, California, June 22, 2005 - Page 8 11. CONSENT CALENDAR continued ACTION TAKEN w. Amendment NO.1 to Agreement No. 04-136 with AGR 04-136(1) Kern Turf Supply Inc. to extend agreement for twelve (12) months ($65,000.00 increase, for a revised not to exceed compensation amount of $130,000.00) for Irrigation Parts & Supplies for the Recreation and Parks Department. x. Environmental Impact Report (EIR) Preparation for West Ming Project. 1. Amendment NO.1 to Agreement No. 04-085 AGR 04-085(1) with Michael Brandman & Associates in the amount of $35,993.00 to prepare an EIR for General Plan Amendment/Zone Change No. 03-1544. 2. Appropriate $35,993.00 developer's contribution to the development fund for the Development Services operating budget. y. Amendment No. 1 to Agreement No. 02-076 with AGR 02-076(1) the Greater Bakersfield Convention and Visitors Bureau (extends existing contractual conditions for a period up to one year, on a month to month basis) to provide convention and promotional services. Amendment No. 1 to Agreement No. RP04-058 with AGR 05-233 z. Valley Printers (not to exceed $30,000.00) for printing of additional brochures. Contract Change Order NO.1 to Agreement No. 04- CC01 AGR 04-268 aa. 268 with Kern County Construction Inc., ($37,307.00 for a total contract amount of $883,078.00) for construction of (3) concrete block pump houses, installation of three deep well turbine pumps and motors, three electrical panel boards, one generator, one fuel tank and miscellaneous piping and appurtenances for Ashe Water wells L-210, L-211, and CBK-44 for the Water Resources Department. bb. Contract Change Order No.1 to Agreement No. 04- CC01 AGR 04-338 338 with S.C. Anderson, Inc. ($4,177.05, for a revised amount of $2,799,177.05) for the Park at River Walk (Building Improvement Contract). cc. Contract Change Order NO.2 to Agreement No. 04- CC02 AGR 04-339 339 with S.C. Anderson, Inc. ($20,091.17, for a revised amount of $5,685,003.01) for the Park at River Walk (Site Improvement Contract). Bakersfield, California, June 22, 2005 - Page 9 11. CONSENT CALENDAR continued ACTION TAKEN Bids: dd. Traffic Signal and Lighting System Installation: 1. Accept bid to award contract to A-C Electric AGR 05-234 Company ($96,097.00) for traffic signal and lighting system installation at intersection of Stockdale Hwy. at McDonald Way. 2. Transfer $25,000.00 Capital Improvement Program Budget to this project within the Gas Tax Fund. ee. Traffic Signal Interconnect Installation - Part 2: 1. Accept bid to award contract for base bid AGR 05-235 and additive alternate no. 1 to Loop Electric ($345,158.00) for project. 2. Appropriate $401,925.00 Congestion Mitigation and Air Quality Program funds to the Capital Improvement Program within the ISTEA Fund. 3. Transfer $52,075.00 Capital Improvement Program Budget to this project within the Gas Tax Fund. ff. Mount Vernon Recycling Facility Loading Dock Structure: 1. Accept bid and award contract to Granite AGR 05-236 Construction Co. ($265,880.00). 2. Transfer $200,000.00 various capital improvement project savings to this project within the Refuse Fund. gg. Accept bid from Gibbs International ($230,455.48) for two (2) additional dump trucks for the Streets Division of Public Works. hh. Accept bids from Lenovo Inc. ($245,495.25) and Zones Corporate Solutions Inc. ($87,837.50) for IBM ThinkCentre PC's and Monitors for the Information Technology Division (total of bids, $333,332.75). ii. Accept bids from Emergency Vehicle Solutions Inc. ($46,936.29) and Adamson Police Products ($673.69) for lightbars and sirens for the Police Department (total of bids $47,609.98). Bakersfield, California, June 22, 2005 - Page 10 11. CONSENT CALENDAR continued jj. Accept bid to award annual contract to Kay Automotive (not to exceed $55,000.00) for Automotive Batteries. Award contracts to Tri-State Auction Systems and C.H.P. Enterprises, Inc. dba Ken Porter Auctions to sell surplus City personal property. kk. Miscellaneous: II. Appropriate $59,000.00 from Office of Emergency Services Revenue to the General Fund Fire Department Operating Budget for reimbursement of overtime and purchase of firefighter turnouts. mm. Quitclaim of construction easement with David Burns Finlinson, Harriet Ann Finlinson, and Edith Zoe Finlinson, at Brimhall Road and Calloway Drive. nn. Authorize implementation of hotline for reporting pothole locations. Motion by Vice-Mayor Maggard to approve Consent Calendar Items 11.a. through 11.nn. 12. CONSENT CALENDAR HEARINGS a. Consolidated hearing to consider appeals by the City Public Works Department of the Planning Commission decision to approve extensions of vesting rights for Tract 6087 Phase D, located south of Ming Avenue, east of S. Allen Road (Developer: Castle & Cooke) and Tract 6104, Phases 1 & 5, located north of Panama Lane and east of Buena Vista Road (Developer: Centex) and adoption of resolution overturning the Planning Commission's decision. (Engineer: Mcintosh & Associates). b. Hearing to consider Resolution authorizing the Housing Authority of the County of Kern to issue rental housing bonds (not to exceed $6.5 million) for the construction of the Greenfield Home Development within the City. Hearings opened at 6:50 p.m.. No one spoke. Hearings closed at 6:51 p.m. ACTION TAKEN AGR 05-237 AGR 05-238 AGR 05-239 DEED 6258 APPROVED RES 146-05 RES 147-05 Bakersfield, California, June 22, 2005 - Page 11 12. CONSENT CALENDAR HEARINGS continued Item 12.b. continued Motion by Vice-Maggard to approve Consent Calendar Hearings 12.a. and 12.b. 13. HEARINGS a. Hearing to consider Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes service areas in the City Domestic Water System for Fiscal Year 2005-06. City Clerk McCarthy announced there were no protests received. Water Resources Manager Core made staff comments. Hearing opened at 6:54 p.m. No one spoke. Hearing closed at 6:54 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution. b. Protest Hearing as required by Resolution of I ntention No. 1378 regarding the street landscaping assessments for the Consolidated Maintenance District. 1. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2005-06 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Rates increase only for new developments) City Clerk McCarthy announced there were no protests received. Public Works Director Rojas made staff comments. ACTION TAKEN APPROVED RES 148-05 APPROVED RES 149-05 Bakersfield, California, June 22, 2005 - Page 12 13. HEARINGS continued Item 13.b. continued Hearing opened at 6:56 p.m. No one spoke. Hearing closed at 6:56 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution. c. Protest Hearing as required by Resolution of Intention No. 1379 regarding the park landscaping assessments for the Consolidated Maintenance District. 1. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2005-06 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Rates increase only for new developments) City Clerk McCarthy announced there were no protests received. Public Works Director Rojas made staff comments. Hearing opened at 6:58 p.m. No one spoke. Hearing closed at 6:59 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution. d. Protest Hearing as required by Resolution of Intention No. 1380 regarding the assessments for nine (9) Traffic Signal Maintenance Districts. 1. Resolution approving and adopting the Public Works Director's report for nine (9) Traffic Signal Maintenance Districts and the 2005-06 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN APPROVED RES 150-05 APPROVED RES 151-05 Bakersfield, California, June 22, 2005 - Page 13 13. HEARINGS continued Item 13.d. continued City Clerk McCarthy announced there were no protests received. Public Works Director Rojas made staff comments. Hearing opened at 7:00 p.m. No one spoke. Hearing closed at 7:00 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution. e. Fiscal Year 2005-06 Budget: 1. Public Hearing to consider Resolutions approving and adopting the FY 2005-06 Operating, Bakersfield Redevelopment Agency and Capital Improvement Budgets. Resolution approving and adopting the FY 2005-06 Operating and Capital Improvement Budget for the City. Resolution approving and adopting the FY 2005-06 Operating and Capital Improvement Budget for the Bakersfield Redevelopment Agency. Resolution establishing the City appropriations limit. 2. Budget Amendments: a. b. c. a. Request by the Bakersfield Symphony for contribution ($50,000.00 from Council Contingency). b. Funding of the broadcast of Planning Commission meetings ($36,000.00 from Council Contingency). ACTION TAKEN APPROVED RES 152-05 RES 153-05 RES 154-05 Bakersfield, California, June 22, 2005 - Page 14 13. HEARINGS continued Item 13.e. continued Staff comments by City Manager Tandy. Hearing opened at 7:03 p.m. No one spoke. Hearing closed at 7:04 p.m. Motion by Vice-Mayor Maggard to adopt Hearing item 13.e.1. Motion by Vice-Mayor Maggard to approve funding for Hearing item 13.e.2. 14. DEFERRED BUSINESS a. Council Goals and Objectives. Assistant City Manager provided an updated overview. Motion by Councilmember Couch to approve the Council Goals and Objectives with amended language to the guiding principals "to best utilize taxpayer dollars, conduct good faith negotiations with all the bargaining groups on all areas of personnel costs (salaries and benefits) in an effort, over time to achieve employee compensation packages with elements similar to those found in the private sector. " Amended motion by Councilmember Couch to approve the Council Goals and Objectives with the additional inclusion of the word "pensions" in the wording for the guiding principals. Amended by Councilmember Couch to approve the Goals and Objectives with the exclusion of goal seven, the inclusion of the words "pension and benefits costs" in the guiding principals and bring goal seven back to Council at the earliest possible time. ACTION TAKEN APPROVED APPROVED NO ACTION TAKEN NO ACTION TAKEN FAILED NS CARSON, HANSON, SULLIVAN, SCRIVNER Bakersfield, California, June 22, 2005 - Page 15 15. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Couch requested Mayor, Council and staff reserve Saturday, November 19, 2005, to attend a KernCOG conference of all County Supervisors and members of all City Councils within the County in an effort to arrive at unanimous position in support of the Safe Roads initiative next year. Councilmember Couch requested staff invite Mr. Turnipseed, from Kern Taxpayers Association to discuss the process of setting of water rates and Consolidated Maintenance Districts fees. Councilmember Couch requested staff review the need for a crosswalk at Brimhall and Reddick or suggest an alternative way for pedestrian traffic to cross from the north to the south side of Brimhall at Liberty Park. Councilmember Couch requested staff evaluate traffic at the intersections of Hageman and Allen Roads and Truxtun Avenue and Coffee Road and take steps to improve traffic flow during peak use hours. Additionally staff to provide an update regarding the grade separation project at Rosedale Highway over the railroad tracks near Landco Drive. Councilmember Couch thanked Steve Walker for work on traffic signals on Brimhall Road. Councilmember Scrivner requested staff check the feasibility of producing bi-lingual brochures for the Neighborhood Watch and Adopt-a-Wall Programs. Coucilmember Carson thanked the Recreation and Parks Department staff for assistance in opening the MLK spray park. Vice-Mayor Maggard asked when the Pothole Hotline will become operational. City Manager Tandy responded. Vice-Mayor Maggard requested staff bring to Council at the July 2fJ'h meeting, wording for Council Goal number seven that captures the consensus of Council and also indicates to employee groups that the entire Council is eager and willing to work with the employee groups. Bakersfield, California, June 22,2005 - Page 16 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Council member Sullivan requested information on how to access the Pothole Hotline. Brad Underwood, Public Works Operations Manager, responded. Councilmember Sullivan congratulated Councilmember Scrivner on his marriage last Saturday to Christina. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:33 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield