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HomeMy WebLinkAbout04/26/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA APRIL 26, 2006 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 l!em(s) only during this portion of tha meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Labor Negotiator, Bill Avery; Closed Session pursuant to Government Code Section 54957.6. b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case) d. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Glenn Porter. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Reverend Gabriela Perla, Trinity United Methodist Church. 7. PLEDGE OF ALLEGIANCE by Christopher Bura, 5th Grade Student at Standard Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Mickey Sturdevant and Shirley Harris, Mothers Against Senseless Killings, proclaiming May, 2006, as "Let No Mother Lose a Child Month". b. Presentation by Mayor Hall of Proclamation to Brian Keegan, Executive Director, Bike Bakersfield, proclaiming May, 2006, as "Bakersfield Bike Month". 10. PUBLIC STATEMENTS 11. APPOINTMENTS (Ward 2.4) a. Two (2) appointments to the Planning Commission due to the expiration of terms of Edward Blockley (Ward 2) and Thomas McGinnis (Ward 4), whose terms expire April 30, 2006. Staff recommends Council determination. b. One (1) appointment to the Bakersfield Redevelopment Agency due to the expiration of term of Thomas P. Mishoe, term expired April 22, 2006. Staff recommends Council determination. 12. CONSENT CALENDAR (Ward 7) (Ward 1,4)" (Ward 1,2,3,5) h. (Ward 2) i. * - upon annexation Minutes: a. Approval of minutes of the April 5, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from March 24, 2006 to April 13, 2006 in the amount of $15,423,722.56 and self insurance payments from March 24,2006 to April 13, 2006 in the amount of $374,672.14. Ordinances: c. Adoption of Ordinance deleting Chapter 1.12 of the Municipal Code in its entirety and adding a new Chapter 1.12 relating to the establishment of ward boundaries. (FR 04105/06) d. Adoption of Ordinance amending Chapter 10.76 of the Municipal Code relating to parades. (Legislative & LitIgation Committee) (FR 04105/06) Resolutions: e. Resolution adopting an alternate retirement system, Public Agency Retirement System (PARS), for part-time employees in lieu of Social Security. Resolution, pursuant to Court Order, rescinding approval of General Plan Amendment/Zone Change No. 04-1704 for property located on the east side of Wible Road, approximately 200 feet south of Berkshire Road. (OrIgInally approved by Resolution No. 233-05 and OrdInance No. 4277, adopted on 09128105 and 10112/05, respectively.) Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 504 consisting of 1.08 acres located at the northwest corner of Verdugo Lane and Snow Road. 2. Annexation No. 524 containing 0.24 acres located east of Hughes Lane, south of Highway 58. Resolution confirming approval by the Assistant City Manager of Chief Code Enforcement Officer's report 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. Purchase of LED ribbon board for Rabobank Arena: 1. Resolution determining that the ribbon board for Rabobank Arena cannot be obtained through the usual bidding procedure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $1 ,210,000.00. 2. Agreement with Daktronics, Inc. ($1,209,272.46) to furnish and install 1 ProAd Video Plus Display LED ribbon board with 1 Venus 7000 rack-mount control system. j. Resolution in support of the Sexual Predator Punishment and Control Act of 2006, known as "Jessica's Law". f. g. 2 (Ward 1) (Ward 6) (Ward 6) (Ward 2) (Ward 1) (Ward 1) (Ward 1) (Ward 4) (Ward 2) 12. CONSENT CALENDAR continued k. Resolution amending Resolution No. 003-06 dispensing with bidding procedures due to emergency replacement of engine/generator at Wastewater Treatment Plant No.2, not to exceed $500,000.00. I. Change to salary schedule and new job specification: 1. Amendment NO.2 to Resolution No. 049-06 approving Memorandum of Understanding for employees of the Blue and White Collar Units, and adopting salary schedule and related benefits for Development Specialist. 2. New job specification for Development Specialist. 3. Conversion of vacant Development Associate to Development Specialist. m. Changes to salary schedule, revised job specifications and title change: 1. Amendment NO.1 to Resolution No. 078-06 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units, and adopting salary schedule and related benefits for Purchasing Officer and Public Information Officer. 2. Revised job specifications for Purchasing Officer and Office Administrator - Public Relations. n. 3. Title change for Office Administrator - Public Relations to Public Information Officer. Resolution adding territory Area 2-32 (District, Stine Canal NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1445 to add territory Area 3-47 (McCutchen, Mountain Ridge SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1446 to add territory, Area 4-54 (36th, Q N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. p. q. Resolution of Intention No. 1447 to add territory, Area 4-53 (Brundage, Chester SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1448 to add territory, Area 5-24 (Cottonwood, Planz NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1450 to add territory, Area 5-25 (Cottonwood, White SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1452 to add territory, Area 1-63 (Allen, Snow NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1449 to order the vacation of the entire alley between Lake Street and Kentucky Street, from King Street to Baker Street, and portion of the alley between Lake Street and Kentucky Street, from Baker Street to Kern Street. r. s. t. u. 3 ~ .__..._.,,__. __...... .~..._·~_·_·_m_'-_. ..._ ._.____..__~_ (Ward 3) (Ward 4) (Ward 4) (Ward 3) (Ward 2) (Ward 5) 12. CONSENT CALENDAR continued Agreements: v. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreement with Pulte Homes Corporation for Tract 5997 located south of State Route 178 and east of Alfred Harrell Highway. 2. Final Map and Improvement Agreement with McMillin Tuscany, LLC for Tract 6000 Phase 5 located north of State Route 178 and east of Alfred Harrell Highway. 3. Final Map and Improvement Agreement with Centex Homes for Tract 6148 Phase 1 located north of State Route 178 and east of Alfred Harrell Highway. Amendment No. 1 to Improvement Agreement No. 05-308 with Lennar Homes of California, Inc. for Tract 6289 Unit 1 located east of Allen Road and north of Noriega Road. Purchase real property located at 3120 Hosking Road for future Hosking RoadlWible Road Intersection: w. x. 1. Agreement with Roger D. & Peggy L. Whitaker for purchase of the property. 2. Appropriate $500,000 additional traffic impact fee revenue to the Capital Improvement Budget within the Transportation Development Fund. y. Agreement with WRA Engineering, Inc. (not to exceed $50,000.00) for design engineering assistance in updating City standards, specifications and ordinances. z. Agreement with M. Green & Company LLC ($45,605) for a full scope annual audit of the 2005-06 fiscal year. (Budget & FInance Committee) aa. Agreement with Kern River Valley Cemetery District to purchase Kern River water from the City for irrigation of cemetery grounds. bb. Amendment NO.2 to Agreement No. CA05-013 with Clifford & Brown ($110,000.00, total not to exceed $150,000.00) for outside legal services in the matter of Elizabeth Ann Peel, et al v City, et al. cc. Amendment NO.1 to Agreement No. 05-216 with Quality Team, Inc. to extend agreement for twelve (12) months for sale of surplus computers and related equipment. dd. Amendment No.1 to Agreement No. 05-261 with Kern Sprinkler Landscaping, Inc. ($75,000.00 revised not to exceed $210,750.00) for irrigation and landscaping services. Bids: ee. Reject all bids for one (1) motor grader. ff. Accept bid and award annual contract to Safeway Sign Co. (not to exceed $65,000.00) for traffic signs. Accept bid and award contract to Graham Prewett, Inc. ($85,350.00) for Police Station roof replacement. hh. Accept bid from Municipal Maintenance Equipment, Inc. ($79,983.33) for one (1) additional vacuum sweeper for the Public Works Department. gg. ii. Accept bid and award contract to Loop Electric, Inc. ($207,876.40) for traffic signal install on Camino Media at Scarlet Oak Drive and Camino Media at Roadrunner Drive, and interconnect synchronization on Camino Media to Haggin Oaks Boulevard to Ming Avenue. 4 12. CONSENT CALENDAR continued (Ward 5) jj. Accept bid and award contract to Hobbs Construction (not to exceed $115,308.00) to remove, furnish and install Westwold Park playground equipment. (Ward 2) kk. Rosedale Highway (State Rte. 58) widening project, between Gibson Street and Highway 99: 1. Accept low bid and award contract to Griffith Company ($2,133,538.00) for construction of the project. 2. Appropriate $2,000,000 additional traffic impact fees to the Capital Improvement Budget within the Transportation Development Fund. (Ward 4) II. Accept bid and award contract to Brown and Fowler Construction ($470,692.00) for CBK Interface Facility Phase 4 located at 1000 Buena Vista Road. (Wards 2-6) mm. 2004/2005 Federally Funded Project for Reconstruction of Various Streets: 1. Accept bid and award contract to AC Materials Inc. ($4,445,297.00) for construction of project. 2. Appropriate $115,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No.2) to the Capital Improvement Budget to fund the storm drain improvement portion of project. (Ward 1,5,6.7) nn. Accept bid and award contract to Griffith Company ($965,965.00) to construct shoulder paving, various streets, Federal Fiscal Year 2004-2005. (Ward 1,2,4-7) 00. Install Traffic Signal Interconnect - Part 3: 1. Accept base bid and additive alternate no. 1 and award contract to AC Electric Company ($493,960.00) for construction of project. 2. Appropriate $520,556 Congestion Management Air Quality funds to the Capital Improvement Budget within the ISTEA Fund. Miscellaneous: pp. Assessment District and related Public Financing Authority (PFA) Bond Call: 1. Appropriate $600,103 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA Bonds. qq. Appropriate $5,000 General Plan Maintenance Trust Revenues and $5,000 County share project costs to the Planning Department Operating budget within the Development Services Fund for consulting services for proving a work program and subsequent Request for Proposal for the update to the Metropolitan Bakersfield General Plan. rr. Miscellaneous Appropriations: 1. Appropriate $2,300,000 additional revenue to the Public Works Department operating budget within the Equipment Management Fund for increased fuel and materials costs associated with maintaining fleet equipment. 2. Appropriate $370,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No.3) to the Public Works Department operating budget for increased operating costs associated with emergency repairs and odor control. 3. Appropriate $20,000 General Aviation Fund Balance to the Public Works Department operating budget for professional consultant services and demolition of restaurant. Staff recommends adoption of Consent Calendar items a through rr. 5 13. CONSENT CALENDAR HEARINGS 14. HEARINGS a. Public Hearing to consider Resolution establishing industrial and commercial sewer service user surcharges for Fiscal Year 2006-07. Staff recommends adoption of resolution. 15. REPORTS a. Budget and Finance Committee Majority Report No. 1-06 and Minority Report No. 1-06 regarding FY 06/07 Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) annual spending plan. Budget and Finance Committee recommends acceptance of reports and Council determination. 16. DEFERRED BUSINESS (Ward 2) a. Mill Creek Linear Park: 1. Agreement with Royston Hanamoto Alley & Abey, Inc. (RHAA) ($347,025.00) for preliminary design of project. 2. Appropriate $100,000 Old Town Kern Redevelopment Fund balance to the Capital Improvement Budget within the Old Town Kern Operating Fund. 3. Appropriate $150,000 Domestic Water Retained Earnings to the Capital Improvement Budget within the Domestic Water Fund. 4. Appropriate and transfer $100,000 additional Vehicle License Fee revenues from the General Fund to the Capital Improvement Budget within the Capital Outlay Fund. Staff recommends approval of agreement, appropriations and transfer. (Ward 1) Construction of McDonald Way Sewer and Lift Station Project: 1. Accept bid and award contract to HPS Mechanical, Inc. ($2,187,512.40) for project. 2. Appropriate $1,350,000 Sewer Enterprise Fund Balance to the Capital Improvement Budget for construction project. Staff recommends acceptance of base bid and additive altemate no. 1, award contract and approval of appropriation. b. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, /i~ )(¡an Tandy # ,fI7 City Manager 4/19/064:5Opm 6 AGENDA HIGHLIGHTS APRIL 26, 2006 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be a conference with the labor negotiator, a continuation of the City Manager's performance evaluation, and conferences legal counsel regarding two cases of potential litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. APPOINTMENTS There will be two appointments to the Planning Commission made by Councilmembers of Wards 2 and 4. There will also be one appointment to the Bakersfield Redevelopment Agency. CONSENT CALENDAR Resolutions Item 12e. Resolution AdoptinQ an Alternate Retirement Svstem for Part-Time Employees in Lieu of Social Security. Public agencies are allowed to participate in a Qualifying Retirement System in lieu of Social Security for part-time, seasonal and temporary employees. Public Agency Retirement Services (PARS) provides such a plan. Currently, the City pays 6.2% of payroll for all temporary employees into Social Security and the employees pays 6.2% of wages into Social Security. The PARS plan offers a 457-defined contribution plan whereby the City pays 0% and the employee will pay 7.5%. The employees' benefits are that the deductions are pre-tax, providing them with a slightly higher wage, and they will have a few options available to them when it is time for distribution. The projected savings to the City is $1,300,000 over 10 years. Item 12f. Resolution Pursuant to Court Order RescindinQ Approval of a General Plan Amendment for Propertv Located on the East Side of Wible Road. approximatelv 200-feet South of Berkshire Road. In September and October of 2005, Council adopted a General Plan Amendment and Zone Change for this property. Subsequent to this action, a lawsuit was filed against the City and developer alleging, among other things, that approval of the GPAlZC violated provisions of CEQA. After extensive negotiations, the lawsuit has been settled. The developer is agreeable to the proposal. Pursuant to the court order, Council must rescind approval of the GPAlZC; thus, all conditions existing prior to the approval will be reinstated. Item 12i. Resolution AuthorizinQ the Finance Director to Dispense with the BiddinQ Procedure to Purchase a Ribbon Board for the Rabobank Arena in an amount not to exceed $1.210,000. The Arena is currently sold out of advertising space within the arena bowl. In an effort to increase space and, thus, advertising revenue, staff is proposing the purchase and installation of an LED ribbon board. This ribbon board will also be able to provide graphics, animations, text and real time game information, providing an interactive medium to keep fans engaged when action stops on the field. Staff recommends purchasing a Daktronics ribbon board, which will integrate with the existing Daktronics video and scoring system. Maintenance would also be provided by the same supplier. Part of the savings from the refinancing of the Arena Bonds will be used for this purchase. Agenda Highlights April 26, 2006 Page 2 Item 12k. Amendment to Resolution No. 003-06 DispensinQ with BiddinQ Procedures due to Emerqencv Replacement of EnQine/Generator at Wastewater Treatment Plant No.2, in an amount not to exceed $500,000. In January, 2006, based on staff's recommendation, Council entered into an agreement with Caterpillar Company to purchase an engine/generator on a sole source basis. Subsequently, the Caterpillar supplier informed staff that their proposed Caterpillar engine/generator suitably sized for Plant 2 would not meet the new, stricter San Joaquin Valley Air Pollution Control Board's emission requirements. Based on the criteria of price, delivery time, local references by operators of these engines, and manufacturer guarantee in meeting strict emission requirements, staff has determined that Deutz Corporation manufactures an engine/generator that will be able to meet all of the requirements. The manufacturer will guarantee performance to local air emission standards and will repair the engine, if required, to maintain this performance. The total cost of the engine/generator, shipping, installation, spare parts, and startup assistance is estimated to be $500,000. Aqreements Item 12x. Purchase AQreement with ROQer D. and PeQQv L. Whitaker for Property Located at 3120 HoskinQ Road in the amount of $500.000 The City is acquiring this property for the future Hosking Road/Wible Road intersection. The price includes the fair market value plus escrow closing costs and relocation assistance. Staff recommends appropriating $500,000 additional Traffic Impact Fee revenue to the Capital Improvement Budget within the Transportation Development Fund to accomplish this purchase. This acquisition is consistent with the 2010 General Plan. Bids Item 12ii. Award Contract to Loop Electric, Inc. for Traffic SiQnallnstallation on Camino Media at Scarlet Oak Drive and Camino Media at Roadrunner Drive, and Interconnect Svnchronization on Camino Media at HaQQin Oaks Boulevard to MinQ Avenue in the amount of $207.876. This project consists of installing traffic signals, lighting systems, pavement markings, and signage at the intersections of Camino Media at Scarlet Oak Boulevard and Camino Media at Roadrunner Drive. The project also includes installing interconnect conduit to include the two above referenced new signals, as well as the existing signal at Camino Media at Haggin Oaks Boulevard into the City's Intelligent Transportation System. The majority of this project (88.53%) is funded with federal Congestion Management Air Quality funds This project is also included on the Traffic Facilities List; therefore, staff recommends using traffic impact fee revenue to fund the local match. Three acceptable bids were received. Staff recommends award to Loop Electric, Inc. Item 12kk. Award Contract to Griffith Company for Construction of the Rosedale HiQhwav WideninQ Proiect between Gibson Street and HiQhwav 99 in the amount of $2.133.538. Several years ago, the City and State entered into a cooperative agreement whereby the City would act as the lead agency for the widening of Rosedale Highway. The City worked with the developers of Costco to widen the north side of the road, which included a third westbound lane, as well as a left turn lane at Camino Del Rio Court. The current project consists of adding an additional lane in each direction between Gibson Street and Highway 99, dual left turn lanes, an additional turn lane from eastbound Rosedale Highway to southbound Highway 99, and signal modifications at Gibson Street, Rosedale Plaza and Camino Del Rio Court. Trees will be removed on the south side of Rosedale Highway, and additional trees will be planted on completion as required per the Municipal Code. Lane closures on Rosedale Highway will only be allowed at night. The City received $400,000 from CalTrans for their portion of the agreement. The City proceeded with their responsibilities set by the cooperative agreement, which included project outlay, right-of-way acquisition and environmental documentation. Delays in acquiring right-of-way from the individual property owners were encountered which consumed a considerable amount time and funds. Three years passed and construction costs skyrocketed before each of these tasks was accomplished. Staff reviewed other options to perform this widening project at a lower cost, including the use of smaller contracts for the traffic signals and asphalt concrete work, annual contractors and City forces. Unfortunately, the City cannot afford to tie Agenda Highlights April 26, 2006 Page 3 up the resources required for this project at this time. Two bids were received. The total bid amount of both of these bids exceeded the Engineer's Estimate for this project, which was approximately $1,500,000. Staff recommends acceptance of low bid and award the contract to Griffith Company. Due to additional right-of-way costs and increases in the cost of construction, the project will need additional funds in the amount of $2,000,000, which staff recommends be appropriated. Item 12/1. Award Contract to Brown and Fowler Construction for CBK Interface Facilitv Phase 4 in the amount of $470,692. This project will bring four new domestic water booster pumps into operation, adding needed capacity and pressure to the expanding southwest side of town. Six acceptable bids were received. Staff recommends award to Brown and Fowler Construction. Item 12mm. Award Contract to AC Materials, Inc. for Construction of the 2004/05 Federally Funded Reconstruct Various Streets Proiect in the amount of $4.445.297. This project consists of reconstruction of the following streets: Oswell Street from City Limit to Columbus Street ('Nard 3); Coffee Road from Stockdale Highway to Arvin Edison Canal ('Nards 2, 5); Coffee Road from Rosedale Highway to Friant Kern Canal (Wards 2, 4); and White Lane from Wilson Road to Ashe Road ('Nard 6). In addition, this project will improve the operation of the intersection at Oswell Street and Mallview Road by removing the existing cross gutters and constructing of a new storm drain collection system. A list of previously approved projects for Wards 1 and 7 are attached to the administrative report. This project is partially funded by Federal Surface Transportation Program (STPL) funds. The appropriation request is for storm drain improvements portion of the project. Three acceptable bids were received. Staff recommends award to AC Materials, Inc. Item 12nn. Award Contract to Griffith Companv to Construct Shoulder Pavino. Various Streets. FY 2004-05 in the amount of $965.965. This project will construct seven-foot wide shoulders on portions of Stine Road from McKee Road to Poppyseed Street; Wible Road from Berkshire Road to Panama Lane; East Brundage Lane from Washington Street to Oswell Street; South Mt. Vernon Avenue from Planz Road to East Belle Terrace, and Buena Vista Road from Pensinger Road to Railroad right-of-way. The goal of this project is to construct paved shoulders where none exist to help minimize the generation of dust. Funding for this project is from a Federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) Federai FY 2004-05 grant. Three acceptable bids were received. Staff recommends award to Griffith Company. Item 1200. Award Contract for Base Bid and Additive Alternate No. 1 to AC Electric Companv for Construction of the Install Traffic Sional Interconnect - Part 3 Proiect in the amount of $493.960. This project will install traffic signal interconnect conduit and wiring along Buena Vista Road between Stockdale Highway and Ming Avenue; California Avenue between "L" and "N" Streets; Coffee Road between Brimhall Road and Stockdale Highway; Old River RoadlWhite Lane between Ridge Oak Drive and Mountain Vista; Planz Road between Wilson Road and Union Avenue; and Truxtun Avenue between Oak and "N" Streets. This project will be predominantly funded with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The Federal portion of this project is 88.53% with Gas Tax Funds covering the local match. The appropriation request is to budget for the federal funds available for this project. Funds for the local match are already budgeted. Funds will be used for award of this bid, design engineering, construction inspection services, potential change orders, and other miscellaneous costs. Two acceptable bids were received. Staff recommends award to AC Electric Company. Agenda Highlights April 2S, 200S Page 4 Miscellaneous Item 12pp. Assessment District and Related Public FinancinG Authoritv (PFA) Bond Call. Various bond calls have been processed during the fiscal year that were not anticipated nor planned for in the budget. This action aligns budgetary approvals with actions taken to maintain compliance with staff fiduciary responsibilities. Staff recommends appropriating $600,103 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA bonds. Item 12rr. Miscellaneous Appropriations. The first appropriation is $2,300,000 of additional revenue to the Public Works Department's operating budget within the Equipment Management Fund for increased fuel and materials costs associated with maintaining fleet equipment. The unforeseen spike in fuel costs was not incorporated in the current year budget estimates, and there has been a large increase in steel prices, impacting several items used in the repair and maintenance of the City's fleet. This appropriation is offset by internal rental revenue charged to the various departments based upon actual costs incurred for the equipment. Appropriation #2 is $370,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No.3) to the Public Works Department's operating budget for increased operating costs associated with emergency repairs and odor control. This involves various operating line item accounts, such as in the overtime, chemicals, and repair and maintenance accounts. This year there have been several unforeseen emergency repairs at various sewer lift stations and a sewer line failure at Mount Vernon/Brundage. In addition, staff is projecting to be over-expended in the chemicals account due to having to inject more chemicals in the sewer system to control odor problems. Appropriation #3 is $20,000 General Aviation Fund Balance to the Public Works Department's operating budget for professional consultant services to develop an estimate for construction of a new airport and to obtain an appraisal for the property, and demolition of the existing restaurant at the Bakersfield Municipal Airport. There is no General Fund impact associated with any of the appropriation requests. HEARINGS Item 14a. Public HearinG to Resolution EstablishinG Industrial and Commercial Sewer Service User SurcharGes for FY 2006-07. Sewer user charges and fees are established annually and collected with property taxes by the Kern County Tax Collector pursuant to the Municipal Code. These fees cover the cost of operation and maintenance for the sewer treatment plants and for the existing sewer collection system. A monthly surcharge is also assessed jf the flow and sewer strength exceed the baseline amount. City staff is recommending an approximate 8% increase in the surcharge schedule for commercial and industrial sewer service users for FY 2006-07. REPORTS Item 15a. BudGet and Finance Committee Majoritv and Minoritv Reports reGardinG FY 2006-07 Communitv Development Block Grant (CDBG). HOME Investment Partnership (HOME), and EmerGencv Shelter Grant (ESG) Annual SpendinG Plan. The Budget and Finance Committee met on March 8, 2006 to review and consider the Annual HUD Action Plan for FY 2006-07. The total amount available is $5,669,124, which represents $3,541,309 of CDBG funds, $1,983,770 of HOME funds, and $144,045 of ESG funds. A public meeting was held on April 4, 2006, during which no public comments were received. The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for FY 2006-07. The Committee also considered a request from Bethany Services for $25,000 to be used toward facility improvements, which resulted in a majority and minority report. Agenda Highlights April 26. 2006 Page 5 The Majority Report supported by Councilmembers Carson and Maggard recommends that staff include a one-time funding of $25,000 for facility repairs for the Bethany Center by reducing the CDBG funding from the Central Park Project by $25,000. The Minority Report supported by Councilmember Hanson recommends that staff not include a one-time funding of $25,000 for facility repairs for the Bethany Center by reducing the CDBG funding from the Central Park Project by $25,000. The approved Action Plan must be submitted to HUD by May 15, 2006. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. The HUD funds will be released to the City July 1, 2006. DEFERRED BUSINESS Item 16a. Aqreement with Royston, Hanamoto. Alley & Abev.lnc. (RHAA) for Preliminarv DesiGn of the Mill Creek Linear Park in the amount of $347.025. Twelve responses were received to the Request for Qualifications. A selection committee comprised of staff from Economic and Community Development, Planning, Recreation and Parks, Water Resources and Public Works determined that six of those firms should be invited to interview. Based on the presentations and cost proposals, the committee found the firm of Royston, Hanamoto, Alley & Abey (RHAA) to have the combination of high qualifications and reasonable fee proposal most favorable to the City. This agreement provides for preliminary design and detailed project cost estimate, with a Master Plan for fully implementing the project over time as full funding becomes available. Economic Development Director, Donna Kunz will give a report on the item, as well as an update of the Mill Creek Project overall. Item 16b. Award Contract to HPS Mechanical. Inc for the Construction of the McDonald Way Sewer and Lift Station Proiect in the amount of $2.287.512. This project consists of the construction of sewer mains, laterals, and a sewer lift station bounded by Stockdale Highway on the south, McDonald Way on the west, Joseph Drive on the north, and Stine Road to the east, and will service 256 existing residences. The project is funded entirely with Sewer Enterprise Funds, which will be reimbursed by property owner fees at the time the owner connects to the sewer service. The Economic and Community Development Department has also made HUD grants available for qualified property owners to use for payment of their fees. Four acceptable bids were received. Staff recommends award to HPS Mechanical, Inc. Approved: Alan Christensen, Assistant City Manager ~ cc: Department Heads Rhonda Smiley, Public Relations City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Closed Session ITEM: Lj,o... TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 18. 2006 SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code 54957.6 VG:do S:ICOUNCILICI SesslAdminsIOS-06104-26-Q6 LaborNegdol.dot APPROVED ¡¿.. ADMINISTRATIVE REPORT· MEETING DATE: April 26, 2006 AGENDA SECTION: Closed Session ITEM: 4. b. TO: Honorable Mayor and City Council Virginia Gennaro, City Attorney FROM: DATE: March 30, 2006 DEP"RTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED t/t: ~ k ,. SUBJECT: Public Employee Perfom1ance Evaluation - City Manager Closed session pursuant to Government Code section 54957(b)(1) VG:do S:\COUNCIL\CI SesslAdmins\05-06\04-26-06 EVAL-CM.dot March 30. 2006. 2: 15PM -_._---_.__.._._-_._---,--_._._-~-~_..-._- ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Closed Session ITEM: L.j. c.. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 4 ~ April 18,2006 SUBJECT: Conference with Legal Counsel- Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54 56.9. (one case) VG:do S:\COUNCIL\CI Sess\Admins\05-06\04-26-06 Potenlial.dot April 18. 2006. 11 :40AM ADMINISTRATIVE REPORT MEETING DATE: April 14, 2006 AGENDA SECTION: Closed Session ITEM: Lj.d. . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY APPROVED VG, {/.~ April 14, 2006 CITY MANAGER SUBJECT: Conference with Legal Counsel- Potential Litigation Closed session pursuant to subsection (b)(1)(3)(C) of Govemment Code section 54956.9. Claim submitted by Glenn Porter VG:do S:\CQUNCJL\CI Sess\Admjns\05-o6\04~26-()6 Potential-claim.dot April 14. 2006. 3:22PM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Presentations ITEM: q.o.. FROM: DATE: Mayor Harvey L. Hall DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council April 14, 2006 IV , ~ SUBJECT: Presentation by Mayor Hall of Proclamation to Mickey Sturdevant and Shirley Harris from Mothers Against Senseless Killings, proclaiming May, 2006, as "Let No Mother Lose A Child Month". RECOMMENDATION: BACKGROUND: ndw April 13. 2006. 4:16PM S:\MAYORlADMIN\2OO6\LET NO MOTHER LOSE A CHILD MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Presentations ITEM: (l b. . TO: Honorable Mayor and City Council FROM: DATE: Mayor Harvey L. Hall DEPARTMENT HEAD April 14,2006 CITY ATTORNEY CITY MANAGER Iì7 . SUBJECT: Presentation by Mayor Hall of Proclamation to Brian Keegan, Executive Director of Bike Bakersfield, proclaiming May, 2006, as "Bakersfield Bike Month". RECOMMENDATION: BACKGROUND: ndw April 13. 2006. 4:19PM S:\MAYORlADMIN\2OO61BAKERSFIELD BIKE MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Appointments ITEM: II. a,. APPROVED DEPARTMENT HEA&J "- IYf CITY ATTORNEY 94- CITY MANAGER f/--e. SUBJECT: Two appointments to the Planning Commission due to the expiration of terms of Edward Blockley (Ward 2) and Thomas McGinnis (Ward 4), whose terms expire April 30, 2006. . TO: FROM: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk DATE: April 14, 2006 RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Planning Commission due to the expiration of terms of Edward Blockley and Thomas McGinnis. The news release for this recruitment was posted on March 13, 2006. Applications for appointment have been received from the following: · Edward Blockley · Thomas McGinnis · Anthony Pallitto · David Pitcher On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. In accordance with this ordinance, the appointment shall be made by the Council members of Wards 2 and 4. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four year terms, but not of a specific ward of the nominating Councilmember. April 14, 2006, 11:12AM S:\Bds&CommIPLANNINGIAOMIN ApriI2006.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Appointments ITEM: II. b . APPROVED DEPARTMENTHE~ CITY ATTORNEY 1'd CITY MANAGER ./fr' SUBJECT: One appointment to the Bakersfield Redevelopment Agency due to the expiration of term of Thomas P. Mishoe, term expired April 22, 2006. TO: FROM: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk DATE: April 14, 2006 RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Bakersfield Redevelopment Agency, due to the expiration of term of Thomas P. Misheo, term expiring April 22, 2006. The news release for this recruitment was posted on March 13,2006. Mr. Thomas Mishoe has submitted an application for reappointment to the Agency. The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the remainder of their term. The agency transacts business and exercises its powers under community redevelopment law. Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. April 14, 2006, 11:28AM S:\Bds&CommIBRDAlAdmin Apr 06.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ.lt. APPROVED DEPARTMENTHEAoR~ CITY ATTORNEY CITY MANAGER j~ SUBJECT: Approval of minutes of the April 5, 2006 Council Meeting. Honorable Mayor and City Council TO: FROM: Pamela McCarthy, City Clerk DATE: April 14, 2006 RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.h. DATE: April 13, 2006 CITY ATTORNEY CITY MANAGER APPROVED ~ /1c TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD SUBJECT: Approval of department payments from March 24, 2006 to April 13, 2006 in the amount of $15,423,722.56 and self insurance payments from March 24, 2006 to April 13, 2006 in the amount of $374,672.14. RECOMMENDATION: Staff recommends approval of payments totaling $15,798,394.70. BACKGROUND: RAR April 13, 2D06. 3:25PM S:\KimGIForms & lablesIADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.c... TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD April 10, 2006 CITY ATTORNEY CITY MANAGER APPROVED ~- ;?/1l4 ~ SUBJECT: Ordinance deleting Chapter 1.12 of the Bakersfield Municipal Code in its entirety and adding thereto a new Chapter 1.12 relating to the establishment of ward boundaries. (All wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on April 5, 2006. The City Council approved new ward boundaries on January 25, 2006. Maps showing the new boundaries were then used to prepare legal descriptions of each ward. They were merged with the draft ordinance presented here for first reading and adoption by the City Council. SD Admin\4-26-wb ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ. n. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney April 14, 2006 CITY MANAGER SUBJECT: Adoption of an Ordinance Amending Chapter 10.76 of the Bakersfield Municipal Code Relating to Parades. RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: Through the years there have been many requests for parade permits in the City. A good deal of those requests involved holding parades on residential streets. Accommodating those requests became a major undertaking for the police department and public works, and negatively impacted the neighborhoods themselves. At the same time, many requests were made to hold parades off of major streets, such as White Lane. resulting in closures of large thoroughfares during the parade. As a result of these concerns, the Legislative and Litigation Committee directed staff to look into amending the parade ordinance and setting forth specific "corridors" which are available for parade routes. Staff determined that five "corridors" would serve the City's parade needs well. Those five corridors are: Baker Street corridor, "F" Street corridor, "L" Street corridor, East California Avenue corridor and the Truxtun Avenue corridor. Instead of defining the exact parameters of those corridors in the ordinance, the Police Department has created a parade manual which shows the parameters of each corridor. A parade route does not have to consume an entire corridor; but these corridors are now the only areas where parades can be held. The current ordinance allows parade permit applications to be submitted as little as two days before the event. This puts tremendous pressure on staff to review the permit and, if it was granted, to make sure the requisite city departments were notified in time. This ordinance sets forth that applications must be submitted at least ten days before the parade is scheduled. The current ordinance has no requirement that businesses along the proposed routes get any notification regarding upcoming parades. This ordinance adds a section which requires organizers of parades to attempt to notify business owners on parade routes at least three days prior to a parade to allow the business owners to make any necessary adjustments for the parade. First reading of the ordinance occurred on April 5, 2006. April 14, 2006, 11 :32AM S:ICOUNCILlAdmlnsI05-06 AdmlnslParade Route Revlsed2nd.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: .2.f. TO: Honorable Mayor and City Council FROM: DATE: Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ ¡Ç &/ . April 18, 2006 SUBJECT: Resolution pursuant to Court Order rescinding approval of General Plan AmendmenVZone Change No. 04-1704 for property located on the east side of Wible Road, approximately 200 feet south of Berkshire Road. (Originally approved by Resolution No. 233-05 and Ordinance No. 4277, adopting on 09128/05 and 10/12/05, respectively.) (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In September and October of 2005, the City Council adopted a General Plan Amendment and accompanying Zone Change (No. 04-1704) for property located on the east side of Wible Road, approximately 200 feet south of Berkshire Road. In November of 2005, a lawsuit was filed (Wible Road Action Group v. City of Bakersfield, et al.) against the City and the developer (Gerald Almgrem of Kern Delta Land Development Corporation) alleging, among other things, that approval of this GPA/ZC violated provisions of CEQA. After extensive negotiations, the parties have agreed to settle the lawsuit. The terms of the settlement have been approved and ordered by the court. One of the conditions of settlement is that the Council rescind approval of the GPA and ZC so that the General Plan designations and zoning that existed on the property prior to approval of the GPA and ZC are reinstated. The developer is agreeable to this proposal, as it still allows him to develop the property, subject to certain conditions and restrictions. In order to comply with the terms of the stipulation and court order, this action rescinding the GPA and ZC approved last fall must be passed by the City Council. RMS:tsc S:ICOUNCIL IAdmins\05-06 AdminsIGPAZC04.1704RescindApp.dot April 18, 2006, 4:24PM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: !;;>.lÃ. J TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ¡¡JJrt4 CITY MANAGER ~ April 10, 2006 SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 504, consisting of 1.08 acres of uninhabited land at the northwest comer of Verdugo Lane and Snow Road. (Ward 4). 2. Annexation No. 524, containing 0.24 acres of uninhabited land located east of Hughes Lane, south of Highway 58. (Ward 1). RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexations are identified as Annexation No. 504 consisting of 1.08 acres and Annexation No. 524 consisting of 0.24 acres. Each annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owners of each area have consented to annexation. The proposal is to annex the land to receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of Kem. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL S:\Admin 4-26-504 & 524 Ann.doc ---------_.. .---...--.-..-----. -- .._.,_.._,._--_._-~._-,.~._- ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent ITEM I~. h. April 14,2006 CITY ATTORNEY CITY MANAGER APPROVED )?--- ~ 4e/ TO: FROM: DATE: Honorable Mayor and City Council Stanley G. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report 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. RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on April 10, 2006, 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 £Q§! Ward 1/Councllmember Carson 1. 408 Bill Avenue 2. 'UNASSIGNED -1812 Filson St. 3. 1213 Murdock Street 4. 915 Watts Drive 010-061-18 172-041-38 018-112-09 170-132-09 $ 740.00 $ 2,594.00 $ 1,100.00 $ 620.00 April 19, 2006, 9:17AM P:\admin report apriI14.06.doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION ð!!!'! £Q!! Ward 2ICouncllmember Sue Benham 5. 1104 Gage Street 015-350-11 $ 850.00 6. 'UNASSIGNED - 800 Jackson SI. 014-300-15 $ 745.00 7. 1113 E 21"' Street 017-110-04 $ 1,693.00 Ward 3ICouncllmember Mike Maaaard 8. 3015 Bucknell Street 021-051-26 $ 1,044.00 9. 3815 K Street 120-060-08 $ 610.00 Ward 5ICouncllrnember Harold Hanson 10. 7400 EI Verano Drive 339-191-14 $ 1,612.00 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 Bakersfieid 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. Apli113, 2006. 2:06PM P:\admin report apliI14.06.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ,¡. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED April 10, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Jjt¡ ~. SUBJECT: Purchase of LED ribbon board for the Rabobank Arena 1. Resolution determining that the ribbon board for the Rabobank Arena cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $1,210,000. 2. Agreement with Daktronics, Incorporated ($1,209,272.46) to furnish and install one (1) ProAd Video Plus Display LED ribbon board with one (1) Venus 7000 rack- mount control system. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the Agreement. BACKGROUND: The arena bowl within the Rabobank Arena is the highest revenue producing advertising space offered to sponsors; however, the Arena is currently sold out of advertising space within the arena bowl. In an effort to increase advertising space and thus advertising revenues, staff is proposing the purchase and installation of an LED ribbon board. Installation of a ribbon board would provide an opportunity to double the Arena's advertising revenues. Additionally, the ribbon board can be changed quickly, providing layered graphics, animations, text and real time game information for fans, thereby offering an interactive medium for fans that will keep them engaged when action stops on the field. The Daktronics ribbon board will integrate with the Daktronics video and scoring systems purchased in 2005. Additionally, the control systems for the ribbon board and the video and scoring systems would be fully integrated and utilize the same software. Maintenance and repair of both systems would be accomplished through a single supplier. Part of the savings from the refinancing of the Arena Bonds will be used for the purchase of the ribbon board. Purchasing Division DW S:\PURCHIADMIMAd Ribbon for Rabobank Arena, April 26, 2006.doc April 11 , 2006, 3:28PM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: l.;2.j. v DATE: Honorable Mayor and City Council Alan Tandy, City Manager April 19, 2006 APPROVED TO: FROM: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution in support of the Sexual Predator Punishment and Control A as "Jessica's Law" RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Jessica's Law has qualified for the November, 2006 General Election ballot. As proposed, it will be the most comprehensive sex offender punishment and control reform that will be the toughest sex offender law in the nation. Key provisions of the law will: · Ensure that all child molesters who molest children under the age of 14 are put into a prison with a mandatory minimum sentence of 15 years or 25 years to life. Closes all loopholes in California's "one-strike" laws. · Eliminate all "good-time" credits for sex offenders, ensuring that these sex offenders are required to serve their entire sentence and will not be released for good behavior. · Electronically monitor convicted sex offenders for life, if they are ever released form prison, through GSP tracking. · Create a 2,000 foot "predator-free" zone around schools and parks to prevent sex offenders from living near where children learn and play. Jessica's Law is intended to equip both law enforcement and local governments with more tools to protect local communities from sexual predators. Beyond the many penalty enhancements Jessica's Law adds, and in addition to the creation of a 2,000 foot predator-free zone previously mentioned, it provides for local control and allows cities to designate other predator-free zones where children may congregate, such as children's museums or water parks. Staff has confirmed that the California Police Chiefs' Association is in support of Jessica's Law. April 19. 2006, 9:18AM S:\Admin Rpts\2OO61JessicasLawAdmin-D42606.doc AT:RS:al .~ ____.··~_~·__..___·_._u.. ,.,_.,_______,"'.__,..~_~~,,__._ ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~!. k. TO: ~OVED DEPARTMENT HEAD ;l;'1í . " CITY ATTORNEY ¿A- ~ J5 / ?jL CITY MANAGER /1 ¿.... SUBJECT: A Resolution Amending Resolution No. 003-06 Dispensing with Bidding Procedures Due to Emergency Replacement of Engine/Generator at Wastewater Treatment Plant 2, not to 500,000 (Ward 1). FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 10, 2006 DATE: RECOMMENDATION: Staff recommends approval of amendment to resolution (5 affirmative votes required. ) BACKGROUND: Due to a catastrophic mechanical failure of one of the two engine/generators which serve Plant No.2, the Plant staff can operate only one engine/generator and must purchase additional electrical power from PG&E to compensate for the loss of the broken engine/generator. On January 11, 2006, the staff presented to the City Council a recommendation that the City enter into a contract with Caterpillar Company to purchase an engine/generator on a sole source basis. The staff recommendation was based on the availability of the Caterpillar engine/generator, the cost of not replacing the broken engine/generator quickly, the reliability of the Caterpillar engine/generator, and the slow response for parts delivery by other engine/generator suppliers. Subsequently, the supplier of the Caterpillar engine/generator informed the Plant staff that their proposed Caterpillar engine/generator suitably sized for Plant 2 would not meet the new, stricter San Joaquin Valley Air Pollution Control Board's (Air Board) emission requirements. Staff has exhaustively evaluated all of the options for replacing the broken engine/generator. Based on the criteria of price, delivery time, local references by operators of these engines, and manufacturer guarantee in meeting strict emission requirements, staff has determined that Deutz Corporation manufactures an engine/generator that will be able to meet all of the City of Bakersfield's requirements. This engine has had good references from other operators in Califomia. The engine adjusts itself to ensure compliance with local emission standards 24-hours per day, and the manufacturer will guarantee performance to local air emission standards and will repair the engine if required to maintain this performance. Total cost of the engine/generator, shipping, installation, spare parts, and startup I ssistance is estimated to be $500,000. Staff has amended the resolution removing the Caterpillar requirement for the engine/generator. The basis of the resolution remains unchanged; however, the dollar amount required is reduced from $700,000 to $500,000. Ap¡t119, 2006, 7;45AU G:\GROUPDAT\ADMINRPT\2006\()4.26\Englne-Genenltor replacement WWTP 2_Admln Amend to ResoIutIon.doc: .~_". '__.".,,_.. ,'_"_m.. __ __._'___'~'__'_"~"_'~___'___'~.__'.__.___ ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;1.1. TO: FROM: DATE: Honorable Mayor and City Council \v Q¡\' Carroll Hayden, Human Resources Manager APPROVED DEPARTMENT HEAD t<Jð7 CITY ATTORNE~~ 'fvG-6- CITY MANAGER Jq..ú Apri17,2006 SUBJECT: Change to Salary Schedule and New Job Specification 1. Amendment No.2 to Resolution NO.049-06 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Development Specialist 2. New Job Specification: Development Specialist #25020 3. Conversion of vacant Development Associate to Development Specialist RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the Economic Development Director, a new Development Specialist classification is being created to assist with the complex escrow, real estate and loan-related activities associated with the housing down payment assistance programs. A Development Associate position recently vacated through retirement will be converted to the new Development Specialist classification. This will provide for more effective and efficient utilization of department personnel resources and assist in meeting department goals and objectives. The salary will be set equivalent to Audio Visual Specialist which is at a lower salary range than Development Associate. Approximately $30,000 savings in salary and benefits will result. CCAPE concurs with the proposed recommendation. The new job specification will be presented by the Miscellaneous Civil Service Board at their April 18, 2006 meeting. Om) S:\ADMINRP1\Development Speci81isl.doc 41712006 2:52 PM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: J.m. TO: Honorable Mayor and City Council ~,\1 vT APP~ DEPARTMENT HEAD CITY ATTORNEY £, ~ (;6- ~ CITY MANAGER FROM: DATE: Carroll Hayden, Human Resources Manager April 6, 2006 SUBJECT: Changes to Salary Schedule, Title Change and Revised Job Specifications 1. Amendment No. 1 to Resolution NO.078-06 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and Adopting Salary Schedule and Related Benefits for Purchasing Officer and Public Information Officer 2. Revised Job Specifications: Purchasing Officer and Office Administrator - Public Relations 3. Title Change: Office Administrator - Public Relations to Public Information Officer RECOMMENDATION: Staff recommends approval of the revised job specifications, title change and adoption ofthe resolution. BACKGROUND: At the request of the Finance Director, the job specification for Purchasing Officer has been updated to reflect current responsibilities and minimum qualifications. The purchasing function has a much higher level of responsibility since 1975 when the job specification was last revised. Attracting and retaining an experience and knowledgeable employee requires a commensurate salary grade. Understanding government regulations and compliance issues is more complex than it was thirty years ago. Things such as formal bidding requirements, federal and state regulations and minority business bidding guidelines require a person with skills and abilities that were not mandatory in the past. Meeting this challenge requires both a formal educational background and supervisory skills. It is recommended that the salary range for this position be elevated to that of Accounting Supervisor. Raising the Purchasing Officer salary grade would both improve the City's ability to attract and retain qualified people and address a matter of inequity that currently exists within the Finance Department. The increased cost will be covered through salary savings. The position of Office Administrator - Public Relations in the office of the City Manager was established in 2001 as the Council recognized a need to strengthen and improve the public face of the information coming from the City Manager's area. Since that time, the position has evolved, growing in scope of S:\ADMINRPT\PIO and PO.doc 41612006 4:42 PM ADMINISTRATIVE REPORT Page 2 duties and becoming much more strategic in direction. The position has become very responsive to Council needs and requests and has allowed the City Manager to focus on other forms of community outreach. Therefore, at this time, it is appropriate to have a title for the position which better reflects the actual duties and effect a pay grade change to reflect the increase in outreach duties. The revised job specifications will be presented by the Miscellaneous Civil Service Board at their April 18, 2006 meeting. Om) S:\AOMINRPTlPIO and PO.doc 416120064:42 PM _______~._.~h____."._,_ __.,_.____~.__._".____ ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: ,.;t. n. TO: FROM: DATE: Honorable Mayor and City Council ~PROVED DEPARTMENT HEAD IÆ ~ CITY ATTORNEY IJ1Jú CITY MANAGER ~ . Raul M. Rojas, Public Works Director April 6, 2006 SUBJECT: Resolution adding territory, Area 2-32 (District, Stine Canal 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. CNard 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On April 5, 2006 the Council adopted Resolution of Intention No. 1443 to add territory, Area 2-32 (District, Stine Canal NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map Waiver No. 05-1325. Area 2-32 is generally bounded by a line approximately 410 feet north of District Boulevard on the north, a line approximately 1,460 feet west of Grissom Street on the east, District Boulevard on the south and a line approximately 1,690 feet west of Grissom Street 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 sUbdivider(s)/developer(s) to be recorded with the parcel map waiver. mr MD2-32_Est.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1Ø'¡.o. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 30. 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 12 (J1n4 /90 SUBJECT: Resolution of Intention No. 1445 to add territory, Area 3-47 (McCutchen, Mountain Ridge SW) 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 owner of Tentative Tract No. 6332 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 3-47 is generally bounded by McCutchen Road on the north, Mountain Ridge Drive on the east, McKee Road on the south and a line approximately 1,320 feet west of Mountain Ridge 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/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. mr March 30, 2006. 11:53AM MD3-47Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: \.;1.0. , TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENTHEAD~ CITY ATTORNEY ~ CITY MANAGER ì9c- , March 31, 2006 SUBJECT: Resolution of Intention No. 1446 to add territory, Area 4-54 (36"', "Q" N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (yVard 2). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract Nos. 6537 and 6538 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-54 is generally bounded by 38'" Street on the north, a line approximately 350 feet east of "Q" Street on the east, 36th Street on the south and a line approximately 350 feet west of "Q" 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. Copies of these covenants are attaèhed for reference. mr April 3. 2006, 9:40AM MD4-54Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: '.:l.Q. D TO: APPROVED DEPARTMENT HEAD Ifl-. CITY ATTORNEY IJ1i?A CITY MANAGER fiJv SUBJECT: Resolution of Intention No. 1447 to add territory, Area 4-53 (Brundage, Chester SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 0Nard 1). Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 31,2006 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of McDonald's to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-53 is generally bounded by Brundage Lane on the north, S. Chester Avenue on the east, a line approximately 180 feet south of Brundage Lane on the south and a line approximately 280 feet west of S. Chester Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing conceming 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. A copy of this covenant is attached for reference. mr March 31, 2006, 11:26AM MD4-53Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1ó1. r. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /fL ¡J¡;u k, March 30, 2006 SUBJECT: Resolution of Intention No. 1448 to add territory, Area 5-24 (Cottonwood, Planz NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6503 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 5-24 is generally bounded by a line approximately 660 feet north of East Planz Road on the north, a line approximately 1,444 feet east of Cottonwood Road on the east. East Planz Road on the south and Cottonwood 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. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr March 30, 2006, 9:01AM MD5-24Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I';>.:). TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD /r¡~ CITY ATTORNEY MnJ. CITY MANAGER fJe April 6. 2006 SUBJECT: Resolution of Intention No. 1450 to add territory, Area 5-25 (Cottonwood, White SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6519 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 5-25 is generally bounded by White Lane on the north, a line approximately 1,330 feet east of Cottonwood Road on the east, a line approximately 660 feet south of White Lane on the south and Cottonwood 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 conceming inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit. a covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr April 6,2006. 9:06AM MD5-25Ri05.dot .,",-.----------- ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. T. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER :0/< . April 7, 2006 SUBJECT: Resolution of Intention No. 1452 to add territory, Area 1-63 (Allen, Snow NE) 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 th~ City Engineer from the owner of Parcel Map No. 11386 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 1-63 is generally bounded by a line approximately 630 feet north of Snow Road on the north, a line approximately 520 feet east of Allen Road on the east, Snow Road on the south and Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr April?, 2006, 10:10AM MD1-63Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: April 26 2006 AGENDA SECTION: Consent Calendar ITEM: I~.u. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED IJIl -/ I/G" ffv April 17,2006 SUBJECT: Resolution of Intention No. 1449 to order the vacation of the entire alley between Lake Street and Kentucky Street, from King Street to Baker Street, and portion of the alley between Lake Street and Kentucky Street, from Baker Street to Kern Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: General Plan Amendment/Zone Change No. 05-1930 to change the land use designation from GC (General Commercial) to MUC (Mixed Use Commercial) on 6.61 acres and a Zone Change from C-2 (Regional Commercial Zone) to P.C.D. (Planned Commercial Development Zone) on the same 6.61 acres. The proposal includes the vacation of the portion of the alley between Kentucky Street and Lake Street within the project site; this area is proposed to be utilized for vehicular access to on-site parking and for pedestrian access and landscaping. A disposition and development agreement (DDA) between the City, Redevelopment Agency, and The Triumph Companies will assure the type, character and quality of the development and will establish the development requirements and financial commitments of the respective parties. The project would allow for the development of approximately 84 multi-family residential units and approximately 54,084 square feet of retail space, in addition to the renovation and reuse of an existing commercial building on the west side of Baker Street for retail and office uses. Quad Knopf, on behalf of the City Bakersfield Economic Development, atelier V, and The Triumph Companies, requests that the City to vacate the alley between Lake Street and Kentucky Street, from King Street to Baker Street, and a portion of that alley between Lake Street and Kentucky Street, from Baker Street to Kern 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. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. 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. April 18. 2006, 1 :28PM G:\GROUPDA TlADMINRPT\20Q6\04-261AOI 1449 ADMINISTRATIVE REPORT The City of Bakersfield Planning Department has completed an initial study (attached) of the possible environmental effects of the described project and has determined that a Negative Declaration is appropriate. 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. This Resolution sets the Public Hearing date for the regular Council meeting of May 24, 2006, on the proposed vacation. April 18, 2006, 1 :28PM G:\GAOUPDA1\AOMINAPT\2006104·26\AOI1449 ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;1 .11. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 3, 2006 þ SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreement with Pulte Homes Corporation, for Tract 5997 located south of State Route 178 and east of Miramonte Drive. (Ward 3) (2) Final Map and Improvement Agreement with McMillin Tuscany, LLC, for Tract 6000 Phase 5, located north of State Route 178 and east of Alfred Harrell Highway. (Ward 3) (3) Final Map and Improvement Agreement with Centex Homes for Tract 6148 Phase 1 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. April 3, 2006, 2:32PM G:\GROUPDAT\ADMINRPT\2006\04-26\MAP AND IMPROVEMENT AGR.dot _._.__._-~_.~-_._.__..._-- ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I":>.w. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ /It: April 3, 2006 SUBJECT: Amendment NO.1 to Agreement NO. 05-308 with Lennar Homes of California, Inc., for Tract 6289 Unit 1 located east of Allen Road and north of Noriega Road. (Ward 4) RECOMMENDATION: Staff Recommends approval of the amendment to agreement. BACKGROUND: The construction of Vega Meadows Road within Tract 6289 Unit 1 has been delayed because of the discovery of a kit fox din with 100 feet of the center line of the street. All other improvements required for the subdivision have been completed. The Subdivider has requested that the City accept the completed improvements and allow for occupancy of homes. This amendment allows for the acceptance of the completed improvements and provides security for the completion of Vega Meadows Road as required by Agreement No. 05-308. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. April 3, 2006, 2:30PM G:\GAOUPDA1\ADMINAPT\2006\04-26\Amendment to Agreement No. 05-308.dot ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: ló)' x. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~ "'" tfI):5 CITY ATTORNEY r G- I CITY MANAGER FROM: Nelson K. Smith, Finance Director DATE: April 19, 2006 SUBJECT: Purchase real property located at 3120 Hosking Road for the future Hosking Road/Wible Road Intersection. (Ward 7) 1. Agreement with Roger D. & Peggy L. Whitaker for the purchase of said property. 2. Appropriate $500,000 additional traffic impact fee revenue to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The City is acquiring a single family residence situated on approximately one acre of land from Roger D. & Peggy L. Whitaker for the future Hosking Road/Wible Road Intersection. The purchase price of $450,000 represents the property's fair market value as determined by an appraisal prepared by Kent Snelling, an independent fee appraiser. The additional $50,000 is for escrow closing costs and relocation assistance. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. April 19, 2006, 1 :55PM P:\MyFileslAdmin ReportslHosklng Road.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.V. I TO: FROM: DATE: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director March 21, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ ~ SUBJECT: Design Consultant Contract with WRA Engineering, Inc. (not to exceed $50,000) for design engineering assistance in the updating of City standards, specifications and ordinances. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Subdivision Section of the Public Works Department is working on updating the standards, policies and specifications with respect to development in the hillside areas. As a resource in this endeavor, the Public Works Department had entered into an agreement with CRC Enterprises. Inc., an engineering firm with extensive experience in the development of hillside areas. Additionally, the Planning Department is working on updating the Hillside Development ordinance, and needs to use CRC's experience as well. However, recently the key engineer from CRC Enterprises relocated to an engineering firm called WRA Engineering, Inc. This agreement will enable the City to continue to work with the key personnel as we refine both the Hillside Development ordinance and the Public Works standards. Sufficient funds are budgeted to cover this agreement. mps March 24, 2006, 2:52PM G:\GROUPDA 1\ADMINRPT\2006\04-05\WRA Hillside Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;).2.. TO: FROM: DATE: Honorable Mayor and City Council Nelson, K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /Vj M1W tdt/ , Apri107,2006 SUBJECT: Agreement with M. Green & Company LLC ($45,605) for a full scope annual audit of the 2005-06 fiscal year. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In March 2005, inquiries were sent to approximately 40 local CPA firms, with six firms expressing an interest in the City Audit. Requests for Proposals were sent to the interested audit firms. Five of the firms attended a mandatory pre-proposal conference. Two firms submitted proposals which were reviewed by the Finance department. Both proposals were sent to the Budget and Finance Committee with a recommendation to interview each firm. The Budget and Finance Committee interviewed both firms on May 11, 2005. The Budget and Finance Committee recommended the selection of M. Green and Company to perform the annual audit work for the 2004-05 fiscal year with the option of up to four (4) one year extensions. The Request for Proposal issued in March 2005 contemplated a five year commitment with the selected firm, with the 2004-05 fiscal year being year 1 of 5. During the Budget and Finance Committee meeting the Finance Director recommended a cost of living factor be built into the contract so that future year costs do not exceed Consumer Price Index (Cpr) inflation measures, assuming no change in the scope of the audit and assuming no significant change in the audit workload as a result of Governmental Accounting Standards Board (GASB) actions that might take place in the future. M. Green and Company was agreeable to this additional contract language. The agreement referenced above is related to the audit for year 2 of 5. The difference in cost from year 1 to year 2 (based on the January 2006 cpr index) represents a 5.4% increase. Mard121, 2006, 5:47PM S:\KimGlFonns & Lables\Admin-AudltMGreenAgnnnt05-06.doc ADMINISTRATIVE REPORT MEETING DATE April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.act. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY 9f CITY MANAGER k...... FROM: Florn Core, Water Resources Manager DATE: April 11 , 2006 SUBJECT: Water Service Agreement with Kern River Valley Cemetery District to purchase Kern River water for irrigation of cemetery grounds. RECOMMENDATION: Water Board recommends approval of agreement. BACKGROUND: The Kern River Valley Cemetery District facilities are located in the Wofford Heights area of the Kern River Valley adjacent to the Kern River and Lake Isabella. Previously, the Districfs irrigation water supply was derived from a nearby well that was located on US Army Corps of Engineers property. The well became contaminated with extreme high levels of arsenic and the Corps disallowed the District to continue pumping. The District has no rights to Kern River water or water from Isabella Reservoir. A temporary arrangement with the City of Bakersfield has allowed the District to draw City water from Isabella ReseNoir to maintain the grounds of the cemetery. The District requests that the City enter into a longer term agreement for the sale of City Kern River water. Such agreement will allow the District to seek funding and financing for a permanent diversion and pumping facility. City staff has determined that due to the relatively minor amounts of water needed by the District, the City has water available. This agreement shall commence upon the date of execution and terminate on December 31, 2036. The agreement provides for an automatic renewal period of an additional twenty (20) years, unless either party provides written termination. The District shall pay to City the amount of fifty-five dollars ($55.00) per acre foot (subject to adjustment based on Producer Price Index) and not to exceed fifty (50) acre-feet annually unless authorized by City. The City of Bakersfield Water Board approved this agreement and recommended approval by the City Council. FC:bz S:\2006 ADMIN REPORTSlApr2606KerRiverCemeleryDlst.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.bb. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attomey DEPARTMENT HEAD April 7, 2006 CITY ATTORNEY CITY MANAGER APPROVED t/? t/ð ~ . SUBJECT: Amendment No.2 to Agreement No. CA05-013 with outside counsel, Clifford & Brown for legal services in the matter of Elizabeth Ann Peel, et al v. City of Bakersfield, et aI, KCSC Case No. S-1500-CV-254827-SPC, in the amount of $110,000, with a total contract amount not to exceed $150,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: This is a wrongful death lawsuit alleging a dangerous condition of public property, negligence, products liability, and breach of warranty arising out of the motor vehicle collision which occurred on Alfred Harrell Highway. The decedent was struck head-on by a 2001 Toyota MR2. We started with a contract not to exceed $25,000, then amended it when Council approved the $40,000 expenditure limit. Since this is a complex/serious matter, we expect to exceed $40,000. Therefore, we are seeking additional funds. It should be noted that we are not seeking additional appropriations of funds. In other words, the amount below was budgeted and approved in the 05-06 fiscal year. We are requesting an increment of $110,000 to be approved in this case. This Amendment NO.2 to Agreement No. CA05-013 would add $110,000 to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $150,000. GG:dll S:\COUNCILlAdmina\05-06 Admlns\AttyAgrArnd2.Clifford&Brown.PeeI.dot April 7, 2006, 3:56PM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. c.c.,. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 6 April 1 0, 2006 SUBJECT: Amendment NO.1 to Agreement No. 05-216 with Quality Team, Inc. to extend agreement for twelve (12) months for sale of surplus computers and related equipment. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On May 17, 2004, Council awarded a contract to Quality Team, Inc. for broker services for the sale of CITY-designated surplus personal property, namely computers and related equipment. The Agreement included a provision whereby the Agreement may be extended for two (2) one-year increments under the same terms and conditions, upon the mutual written consent of the City and Broker. Amendment NO.1 approved by Council on June 8, 2005 extended the Agreement for twelve (12) months. Amendment NO.2 will extend the Agreement for an additional twelve (12) months. Purchasing Division OW S:\PURCHIADMINIQuality Team. Inc., Amendment #2.doc April 11 ,2006, 10:04AM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: \.;1, dd. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ./If".s CITY ATTORNEY Il/rlJ CITY MANAGER ,~ Nelson Smith, Finance Director April 10, 2006 SUBJECT: Amendment NO.1 to Agreement No. 05-261 with Kern Sprinkler Landscaping, Inc., ($75,000.00, revised not to exceed $210,750.00) for irrigation and landscaping services. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 6, 2005, Council awarded the annual contract for irrigation and landscaping services to Kern Sprinkler Landscaping, Inc. The Agreement must be amended to reflect an increase in compensation to allow continuance of the contract. Amendment #1 will add $75,000 to the contract for a revised not to exceed contract amount of $210,750.00 Purchasing Division DW S:\PURCHIADMINlKem SprinklerLandscaping.lnc.. 05-261, #1.doc April 11. 2006. 12:ooPM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;1. ee... TO: Honorable Mayor and City Council APPROVED April 14, 2006 CITY ATTORNEY CITY MANAGER ~ FROM: DATE: Nelson K. Smith, Finance Director DEPARTMENT HEAD SUBJECT: Reject all bids for One (1) motor grader. (City Wide) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to fourteen (14) suppliers for one (1) replacement motor grader. Subsequent to the opening of bids it was determined that the specifications for the motor grader contained a mistake related to engine size. Staff will correct the specifications and re-advertise for bids. Purchasing Division OW 5:\PURCHIAOMINlReject Bids - Motor Grader, 05-06-17, April 26. 2006.doc April 14. 2006 ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: I.J. ff. TO: Honorable Mayor and City Council FROM: DATE: Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER April 7, 2006 SUBJECT: Accept bid to award the Annual Contract for Traffic Signs to Safeway Sign Company, Adelanto, Califomia, in the not to exceed budgeted amount of $65,000.00. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to eight (8) suppliers for the Annual Contract for Traffic Signs for the Public Works Department. Four (4) bids were received. The lowest overall bid based on unit prices was submitted by Safeway Sign Company, Adelanto, California. Staff finds the bid to be acceptable and recommends award of the bid to, Safeway Sign Company. (Spreadsheet attached) Purchasing Division DW S:\PURCHIAOMINIAC Traffic Signs. Sataway Sign Company. April 26. 20OS.doc Created on 4f712006 10:43:00 AM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: la. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD ,/1/j CITY ATTORNEY ;é)'}nJ CITY MANAGER fJ.¿ April 10,2006 SUBJECT: Accept bid and award contract to Graham Prewett, Inc., in the amount of $85,350.00 for Police Station roof replacement. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to Bid for replacing portions of the Police Station roof were sent to nineteen (19) contractors. Two (2) bids were received in response to solicitation and are as follows: BIDDER AMOUNT $85,350.00 Graham Prewett, Inc. Fresno, CA Best Contracting Services Gardena, CA $135,757.00 Staff finds the low bid to be acceptable and recommends award of the bid to Graham Prewett, Fresno, CA in the amount of $85,350.00. Funds for the work are in the FY 2005-2006 Adopted Budget. Purchasing Division DW S:\PURCHIADMINlPolice Station Roof Replacement, Sections D, F & G, ITB 05-06-24, April 26. 2006.doc Created on 411012006 9:42:00 AM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: .;1.hh. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ßÎ# CITY MANAGER Q Nelson K. Smith, Finance Director DATE: April 12, 2006 SUBJECT: Accept bid from Municipal Maintenance Equipment, Inc., in the amount of $79,983.33 for One (1) Additional Vacuum Sweeper for the Public Works Department. (City-wide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to Bid for one (1) vacuum sweeper were sent to approximately twenty (20) suppliers. Two (2) acceptable bids were received in response to solicitation and are as follows: BIDDER AMOUNT $79,983.33 Municipal Maintenance Equipment Sacramento, CA Total Clean dba Haaker Equipment LaVerne, CA $90,835.39 Staff finds the low bid to be acceptable and recommends award of the bid to Municipal Maintenance Equipment, Sacramento, CA in the amount of $79,983.33. Funds for the purchase are in the FY 2005- 2006 Adopted Budget. The equipment will be used by the Public Works Department Streets Division. Purchasing Division ow S:\PURCHIAOMINlVacuum Swaeper, 05-06-22. April 26, 2006.doc Created on 4/121200612:59:00 PM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.1.ií. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director CITY MANAGER ì March 28,2006 SUBJECT: Accept bid to award contract to Loop Electric Inc for $207,876.40 for the Installation of Traffic Signals on Camino Media at Scarlet Oak Drive; Camino Media at Roadrunner Drive; and, Interconnect Synchronization on Camino Media to Haggin Oaks Boulevard to Ming Avenue (Ward 5). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of installing traffic signals, lighting systems, pavement markings, and signage at the intersections of Camino Media at Scarlet Oak Boulevard and Camino Media at Roadrunner Drive. The project also includes installing interconnect conduit to include the two above referenced new signals as well as the existing signal at Camino Media at Haggin Oaks Boulevard into the City's Intelligent Transportation System. The majority of this project (88.53%) is funded with federal Congestion Management Air Quality funds. This project is also included on the Traffic Facilities List; therefore, staff recommends using traffic impact fee revenue to fund the local match. On April 26, 2006, three acceptable bids were received as follows: Loop Electric 7040 Downing Ave Bakersfield, CA 93308 (City) in the amount of $207,876.40 TES Electric 5306 Aldrin Court Bakersfield, California 93303 (City) in the amount of $222,000.00 A-C Electric Company 315 30th Street Bakersfield, Califomia 93303 (City) in the amount of $231,542.50 April 4. 2006. 1 :05PM G:\GROUPDA nADMINRPT\2006104-261AdmlnRplCaminoMedla.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1éJ..ii. UU TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENTHEAD~ Dianne Hoover Director of Recreation and Parks DATE: April 5, 2006 CITY ATTORNEY CITY MANAGER ~ /Þ../ SUBJECT: Accept bid to award contract to Hobbs Construction in an amount not to exceed $115,308, to remove, fumish and install Westwold Park Playground Equipment. (Ward 5). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: The project consists of removing, fumishing and installing new playground equipment and sand at Westwold Park. Bid packets were sent out to nine (9) contractors. Four (4) bids were received. The lowest responsible base bid for Westwold Park Playground Replacement Project was submitted by Hobbs Construction (Fresno) and totaled $75,400.00. The Recreation and Parks Department has also chosen to add three alternatives to this bid so the Contractor shall be responsible for demolition of existing equipment, providing temporary construction fencing, and removing and installing new sand at an additional cost of $39,908.00. The project is budgeted within the Park Improvement Fund - Central Zone 2. The contractor is certified by the manufacturer to appropriately install playground equipment. Four (4) bids were received as follows: Vendor Amount Bid Hobbs Construction, Fresno Brown and Fowter Construction, Bakersfield $75,400.00 80,979.00 84,900.00 88,188.00 Casron Services, Los Angeles Gospich Construction, Bakersfield ApriIS,2006,12:19PM S:\2006 AdmlnalW"\wo1d Playgrd Rehab 4-26-06.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.:1. k.~. TO: FROM: APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY d)Þ '6-8'\ ,';'1 CITY MANAGER ~/ SUBJECT: Rosedale Highway (State Route 58) Widening Project, between Gibson Street and Highway 99 (Ward 2): Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 6, 2006 DATE: 1. Accept low bid to award contract to Griffith Company ($2,133,538.00) for construction of the project. 2. Appropriate $2,000,000 additional traffic impact fees to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: BACKGROUND: HISTORY Several years ago, the City worked with the developers of Costco to widen Rosedale Highway to reduce traffic congestion within this area. At the same time. the State was experiencing operational difficulties within Rosedale Highway, from Gibson Street to Highway 99. The City and State entered into a cooperative agreement where the City would act as the lead agency to perform the work required for the widening of Rosedale Highway. The City received $400,000 from CalTrans for their portion of the agreement. Costco completed their portion of the widening along the north side of Rosedale Highway which included a third westbound lane as well as a left turn lane at Camino Del Rio Court. The City proceeded with their responsibilities set by the cooperative agreement, which included project outlay, right of way acquisition and environmental documentation. The City encountered delays in acquiring right of way from the individual property owners which consumed a considerable amount time and funds for this project. Once all documentation was approved by City and State, construction design plans were prepared, and right of way had been acquired, three years had passed, and construction costs had skyrocketed. Staff recommends acceptance of low bid, award of contract, and approval of appropriation. PROJECT DESCRIPTION The current project consists of adding an additional lane in each direction of travel for Rosedale Highway between Gibson Street and Highway 99. With the roadway widening and median modification, Rosedale Highway will have a total of six travel lanes. This project will also provide dual left turn lanes, an additional turn lane from eastbound Rosedale Highway to southbound Highway 99, and signal modifications at Gibson Street, Rosedale Plaza and Camino Del Rio Court. Trees will be removed on the south side of Rosedale Highway along Rosedale Plaza to accommodate widening. Upon completion of the project. additional trees will be planted as required per the Municipal Code; other landscaping will also be restored. Lane closures on Rosedale Highway will only be allowed at night to minimize the impact on traffic. April 19. 2006. 2:00PM G:\GROUPOA T\ADMINRPT\2006\04-26\Admin Rosedale Widening.doc ADMINISTRATIVE REPORT CURRENT STATUS This project went out to bid on February 22, 2006 and two bids were received. The total bid amount of both of these bids exceeded our expectations. The lowest bid was substantially higher than the original Engineer's Estimate. The Engineer's Estimate for this project was approximately $1,500,000. The two bids received on February 22, 2006, were as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of Total Bid $2,133,538.00 Granite Construction Company Watsonville, California in the amount of Total Bid $2,468,162.50 Public Works has reviewed other options to perform this widening project at a lower cost. One option involved the use of smaller contracts for the traffic signals and asphalt concrete work, annual contractors and City forces. Unfortunately, the City cannot afford to tie up the resources required for this project at this time. Staff recommends acceptance of low bid and award the contract to Griffith Company. Due to additional right of way cost and increases in the cost of construction, the project will need additional funds. Staff also recommends approval of appropriation of funds. cv PWEgr April 19, 2006, 2:00PM G:\GROUPDAJ\ADMINRPT\2006\04-26\Admin Rosedale Widening.doc ADMINISTRATIVE REPORT MEETING DATE April 26, 2006 AGENDA SECTION: ITEM: ¡J.tl. Consent Calendar TO: Honorable Mayor and City Council FROM: APPROVED DEPARTMENT HEAD~. CITY ATTORNEY I/~ CITY MANAGER k:- Accept bid and award contract to Brown and Fowler Construction in the amount of $470,692.00 for CBK Interface Facility Phase 4, located at 1000 Buena Vista Road. (Ward 4) Flom Core, Water Resources Manager DATE: March 31, 2006 SUBJECT: RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project will bring four new domestic water booster pumps into operational status adding needed capacity and pressure to the City of Bakersfield's expanding southwest side of town. The project will include supplying and installing four 75 HP vertical turbine booster pumps and all associated electric, motor control center, starters, switches, PLC and SCADA, modifications, piping, conduit, concrete, and appurtenant equipment and materials needed for a fully operational system addition, as well as installing five pump canisters, piping, conduit and concrete to provide for future vertical turbine booster pump additions to the existing CBK Interface Facility. 6 bids were received on January 31, 2006 for this project, as follows: Brown and Fowler 3008 Antonio Ave Bakersfield CA 93308....................................................................... in the amount of: $470,692.00 Kern County Construction, Inc. 309 Kampa St Bakersfield, CA 93307....................................................................... in the amount of: $476,750.00 W. M. Lyles Company P.O. Box 1477 Fresno CA 93744 (Out of County) ....................................................... in the amount of: $495,739.00 Nicholas Construction, Inc. 1975 Airport Drive Bakersfield, CA 93308...................................................................... in the amount of $598,613.00 Special Service Contractors, Inc. 3580 Airport Road Paso Robles, CA 93446.................................................................... in the amount of: $674,748.00 HPS Mechanical, Inc. 3100 East Belle Terrace Bakersfield CA 93307........................................................................ in the amount of: $757,084.00 April 18, 2006, 1:10PM S:\2006 ADMIN REPORTSlApr2606BrownFowlerdoc.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ.mm. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 5, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER if"0VED ~ ----/ SUBJECT: 2004/2005 Federally Funded Project for Reconstruction of Various Streets (Wards 2, 3, 4, 5, &6): 1. Accept bid and award contract to AC Materials Inc. ($4,445,297.00) for construction of project. 2. Appropriate $115,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No.2) to the Capital Improvement Budget to fund the stOm1 drain improvements portion of project. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriation. BACKGROUND: This project consists of reconstruction of the following streets: Oswell Street from City Limit to Columbus Street (Ward 3), Coffee Road from Stockdale Highway to Arvin Edison Canal (Wards 2, 5), Coffee Road from Rosedale Highway to Friant Kern Canal (Wards 2, 4), and White Lane from Wilson Road to Ashe Road (Ward 6). In addition. this project will improve the operation of the intersection at Oswell Street and Mallview Road by removing the existing cross gutters and constructing of a new stOm1 drain collection system. This project is partially funded by Federal Surface Transportation Program (STPL) funds. The appropriation request is to budget funds for stOm1 drain improvements portion of the project. Staff recommends award of low bid and appropriate additional funds. A list of projects for Wards 1 and 7 are attached. Some of the listed projects have been completed and others are in process or scheduled to be completed in the near future. Three acceptable bids were received on March 30, 2006, as follows: (Ics. PWEngr) Ap~119, 2006, 2:23PM G:\GROUPOA"T\ADMINRPTI2006\04-26\2004-2005 PAVEMENT RECONSTRUCT VARIOUS STREETS.doc _m'·._T._~,__,_,_._,~~.._..,.··.·.._,____._.__. ADMINISTRATIVE REPORT AC Materials Inc. 3527 Brian Way Bakersfield, CA 93308 (City) Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) Granite Construction Company 3000 James Road Bakersfield, CA 93308 (County) in the amount of in the amount of in the amount of (Ics. PWEngr) Apri119. 2006. 8:25AM G:\GROUPDAÏ\ADMINRP1ì2006\04-26\2004-2005 PAVEMENT RECONSTRUCT VARIOUS STREETS.doc $4,445,297.00 $5,393,773.00 $5,449,123.00 ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: ¡J. nn. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: April 10, 2006 SUBJECT: Accept bid to award contract to Griffith Company ($965,965.00) to construct Shoulder Paving, Various Streets, Federal Fiscal Year 2004-2005 (Wards 1, 5,6 & 7). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project will construct seven-foot wide shoulders on portions of Stine Road from McKee Road to Poppyseed Street; Wible Road from Berkshire Road to Panama Lane; East Brundage Lane from Washington Street to Oswell Street; South Mt. Vemon Avenue from Planz Road to East Belle Terrace, and Buena Vista Road from Pensinger Road to Railroad right-of-way. The goal of this project is to construct paved shoulders where none exist to help minimize the generation of dust (PM 10). Funding for this project is from a Federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) Federal Fiscal Year 2004-2005 grant. The Engineer's Estimate for this project was $1,518,900. Three acceptable bids were received on March 23, 2006 as follows; Griffith Company 1898 So. Union Ave. Bakersfield, CA 93307 (City) in amount of $965,965.00 AIC Materials, Inc. 3527 Brian Way Bakersfield, CA 93308 (County) in amount of $1,338,385.80 Granite Construction Company 300 James Rd., P. O. Box 5127 Bakersfield, CA 93388 (County) in amount of $1,529,590.00 Wgm I PW-Engr April 11, 2006, 5:01PM G:\GROUPDA1iADMINRPT\2006\04-261Shoulder Paving Various Streets FFY 2004-05.001 --.---.----.--.----.-. ...~. -_._--_.- ADMINISTRATIVE REPORT MEETING DATE: April 26, 2005 AGENDA SECTION: Consent Calendar ITEM: ¡a.DO. TO: Honorable Mayor and City Council ffPROVED If¡ DEPARTMENT HEAD {/ _ CITY ATTORNEY k- :f:-v J 5> / "'KJ ,'> CITY MANAGER / T"é.-- SUBJECT: Install Traffic Signal Interconnect - Part 3 (Wards 1, 2, 4, 5, 6, and 7): FROM: Raul Rojas, Public Works Director DATE: April 13,2006 1) Accept base bid and additive alternate No. 1 and award contract to AC Electric Company ($493,960) for construction of project. 2) Appropriate $520,556 Congestion Management Air Quality funds to the Capital Improvement Budget within the ISTEA Fund. RECOMMENDATION: Staff recommends acceptance of low base bid plus additive alternate no.1, award of contract, and approval of appropriation. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along: 1) Buena Vista Road between Stockdale Highway and Ming Avenue, 2) Califomia Avenue between "L" Street and "N" Street, 3) Coffee Road between Brimhall Road and Stockdale Highway, 4) Old River RoadlWhite Lane between Ridge Oak Drive and Mountain Vista, 5) Planz Road between Wilson Road and Union Avenue, and 6) Truxtun Avenue between Oak Street and "N" Street. With this new interconnect installed, the traffic signal timing along these street segments can be optimized to improve traffic flow and reduce waiting times. This traffic signal interconnect project will be predominantly funded with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The Federal portion of this project is 88.53% with Gas Tax Funds covering the local match. The appropriation request is to budget for the federal funds available for this project. Funds for the local match are already budgeted. Funds will be used for award of this bid, design engineering, construction inspection services, potential change orders, and other miscellaneous costs. The Engineer's Estimate for the Base Bid plus Additive Altemate NO.1 is $540,000. Two (2) acceptable bids were received on Friday, March 31, 2006, as listed below: 1. A-C Electric Company P.O. Box 999 Bakersfield, CA 93302 (City) Loop Electric 7040 Downing Ave Bakersfield, CA 93308 (City) Base Bid Additive Alternate No.1 Project Total $465,105.00 $28,855.00 $493,960.00 $498,595.00 $36,305.00 $534,900.00 2. Base Bid Additive Alternate NO.1 Project Total April 18. 2006, 12:27PM G:IGROUPDAnAOMINRPT\2006104-26IAdmln_RpL T5K152.doc ADMINISTRATIVE REPORT MEETING DATE: April 26,2006 AGENDA SECTION: Consent Calendar ITEM: la. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /V..5 ~þ~ April 5, 2004 SUBJECT: Assessment District and related Public Financing Authority (PFA) Bond Call 1. Appropriate $600,103 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA Bonds. RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: During the year owners may pay the assessment lien balance on their property. The City, as Trustee, is required to use these additional amounts to "call" outstanding special assessment bonds. The principal and any premium amounts are forwarded to the City's paying agent to retire bonds in advance of their normal maturity in accordance with the respective bond indentures. Some of the assessment bonds were issued using the Bakersfield Public Financing Authority (PFA) as a conduit. A like amount of PFA bonds are called when certain assessment bonds are called. Various bond calls have been processed during the fiscal year that were not anticipated nor planned for in the budget. This action aligns budgetary approvals with actions taken to maintain compliance with staff fiduciary responsibilities. clw P:\ADlAdmin-AssmntDistBondCaII.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: Id. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD April 4, 2006 CITY ATTORNEY CITY MANAGER APPROVED :7fr- ,em,{ ;;1,p/ . SUBJECT: Appropriate $5,000 General Plan Maintenance Trust Revenues and $5,000 county share project costs to the Planning Department operating budget within the Development Services Fund for consulting services for providing a work program and subsequent Request for Proposal for the update to the Metropolitan Bakersfield General Plan. RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: This action will fund a consultant to prepare a work program and a Request for Proposals (RFPs) for the Metropolitan Bakersfield General Plan Update. At a joint meeting of the City CounciVBoard of Supervisors, City and County staff was directed to bring back a work program for their next meeting in September, 2006. After approval of the work program, an RFP would be released to hire a consulting team to prepare the General Plan Update and associated environmental documents. MD Admin\4-26 ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;1.. rr. TO: FROM: DATE: Honorable Mayor and City Council ~ROVED DEPARTMENT HEAD ,i , CllYATTORNEY/TJ5 CllY MANAGER _ Raul Rojas, Public Works Director April 19,2006 SUBJECT: Miscellaneous Appropriations: 1. Appropriate $2,300,000 additional revenue to the Public Works Department's operating budget within the Equipment Management Fund for increased fuel and materials costs associated with maintaining fleet equipment. 2. Appropriate $370,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No.3) to the Public Works Department's operating budget for incraased operating costs associated with emergency repairs and odor control. 3. Appropriate $20,000 General Aviation Fund Balance to the Public Works Department's operating budget for professional consultant services and demolition of restaurant. RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: This Administrative Report appropriates funds for several operating budget line items. There is no General Fund impact associated with any of the appropriation requests. Following is a justification for each item. Subject 1 - Additional funds are needed to cover increases in several expenditure line items incurred for the city's fleet equipment, such as fuel and equipment parts. Fuel prices have consistently escalated. The unforeseen spike in fuel costs was not incorporated in the current year budget estimates. Additional funds are needed in the fuel line item to cover this cost. In addition, there has been a large increase in steal prices which impacts several items used in the repair and maintenance of the City's fleet. There is over 1,500 pieces of equipment maintained by Fleet. Therefore, any increases in steel prices would have a significant impact on the Fleet Division's budget. This appropriation is offset by intemal rental revenue charged to the various departments based upon actual costs incurred for the fleet equipment. Subject 2 - This appropriation involves various operating line item accounts, such as in the overtime, chemicals, and repair and maintenance accounts. This year thera have been several unforeseen emergency repairs. Examples include the sewer lift stations at McCutchen/Gosford, Hageman/Allen, Bank/Oakdale, and Fairfax. There was a sewer line failure at Mount Vemon/Brundage. In addition, staff is projecting to be over-expended in the chemicals account due to having to inject more chemicals in the sewer system to control odor problems. Subject 3 - This appropriation request is to increase funding for the Bakersfield Municipal Airport. Unanticipated costs were incurred to develop an estimate for construction of a new airport and to obtain an appraisal for the property. In addition, one-time costs were incurred in the current year for demolition of the restaurant damaged by fire some time ago. G:\GROUPOA T\ADMINRPT\2006\04-26\MIsc ApPropriations.doc GL ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Hearings ITEM: L. .a... TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public WorKs Director DEPARTMENT HEAD April 7, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Hearing to consider a resolution establishing industrial and commercial sewer service user surcharges for Fiscal Year 2006-07 (Wards 1-7). RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code to cover the cost of operation and maintenance for the sewer treatment plants and for the existing sewer collection system. Commercial and industrial users represent manufacturing and most business entities. An annual flat rate sewer fee is collected with property taxes by the Kem County Tax Collector pursuant to the Bakersfield Municipal Code. In addition, a monthly surcharge is assessed if their flow and sewer strength exceed the baseline amount. City staff is recommending approximately an 8% increase in the surcharge schedule for commercial and industrial sewer service users for Fiscal Year 2006-07. If approved, the surcharge rate for industrial and commercial users will increase according to the following schedule. Surcharae Schedule - Commercial and Industrial This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. The surcharge for the excesses shall be as follows: Flow Biochemical Oxygen Demand (BOD) Total Suspended Solids (TSS) $985.00/million gallons/year. $72.00/1000 pound. $76.00/1000 pound. Note - Flow will be estimated based on water consumpüon records during the three (3) winter months from December to February. This is to adjust for water used for irrigation that will not flow into the sewer system. G:\GROUPDAnADMINRPn2006\04-26\Admin Rpt 06-07lndustrial-Commerclal Users.doc ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Reports ITEM: 15.ct· TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER Æ Donna L. Kunz, Economic Development Director DATE: April 13,2006 SUBJECT: Budget and Finance Committee Majority Report 1-06 and Minority Report 1-06 regarding FY 06/07 Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant (ESG) Annual Spending Plan. (ALL WARDS) RECOMMENDATION: The Budget and Finance Committee recommends acceptance of the reports, Council determination and authorize the City Manager to execute all necessary HUD documents. BACKGROUND: The Budget and Finance Committee met on March 8, 2006 to review and consider the Annual HUD Action Plan for fiscal year 2006-2007. The proposed 2006/2007 Annual Action Plan of the Consolidated Plan 2010 represents the activities for the upcoming Community Development Block Grant (CDBG), the HOME Investment Partnership Program (HOME), and the Emergency Shelter Grant (ESG). The total funds available for FY 06/07 is $5,669,124 which represents $3,541,309 of CDBG funds, $1,983,770 of HOME funds, and $144,045 of ESG funds. On March 15, 2006, a public notice was published concerning the availability of the draft annual action plan for a HUD required 30-day citizen review and comment period. As part of the 30-day citizen review and comment process, a public meeting was held on April 4, 2006. No public comments were received on the proposed use of the funds for FY 06/07. Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to address community development and housing needs identified in the five-year Consolidated Plan adopted by City Council in May 2005. The approved Action Plan must be submitted to HUD by May 15, 2006. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. The HUD funds will be released to the City July 1, 2006. A copy of the public notice detailing the proposed funding, by project/program is attached. Staff presented the proposed Action Plan to the Budget and Finance Committee for consideration in addition to a recent request from Bethany Services for $25,000 to be used toward facility improvements. After Committee discussion of the plan a majority and minority report resulted in relationship to the request for one time funding in the amount of $25,000 for Bethany Services. C:\DOCUME-1 IdscanlanILOCALS-1\ remplAction plen FY06-07.doc 4/131200611:22 AM ADMINISTRATIVE REPORT Page 2 MaloritY Reøort The Majority Report supported by Councilmembers Carson and Maggard recommends that staff include a one-time funding of $25,000 for facility repairs for the Bethany Center by reducing the CDBG funding from the Central Park Project by $25,000 Minority ReDOrt The Minority Report supported by Councilmember Hanson recommends that staff not include a one-time funding of $25,000 for facility repairs for the Bethany Center by reducing the CDBG funding from the Central Park Project by $25,000. Committee Recommendation The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for fiscal year 2006-07 and recommended staff to proceed with the public notice and forward the fiscal year 2006/07 CDBG, HOME and ESG annual spending plan to the City Council. C:\DOCUME-1\dscanlanILOCALS-1\TemplAction plan FY06-o7.doc 4/131200611:22 AM ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Deferred Business ITEM: 1(,.0... TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director March 22, 2006 ~ROVED DEPARTMENT HEAD ¡I( ,~ CITY ATTORNEV-.:?n Ji.rl:-..JS- CITY MANAGER ~/ SUBJECT: Mill Creek Linear Park (Ward 2): 1. Design Consultant Contract ($347,025) with Royston Hanamoto Alley & Abey, Inc. (RHAA) for Preliminary Design of the Mill Creek Linear Park Project. 2. Appropriate $100,000 Old Town Kern Redevelopment Fund balance to the Capital Improvement Budget within the Old Town Kern Operating Fund. 3. Appropriate $150,000 Domestic Water Retained Eamings to the Capital Improvement Budget within the Domestic Water Fund. 4. Appropriate and transfer $100,000 additional Vehicle License Fee revenues from the General Fund to the Capital Improvement Budget within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of agreement, appropriations and transfer. BACKGROUND: A conceptual plan for a 1.5 mile linear park along the Kern Island Canal in downtown Bakersfield, known as the Mill Creek Project, was approved by the City Council in December 2003. Community recommendations for such improvements were generated during the Bakersfield 2020 process. Those ideas were further refined in City sponsored Design Charrettes, where community members recommended extending park improvements along the Kern Island Canal. The Mill Creek Linear Park Project would transform a 1.5 mile portion of the Kern Island Canal, from Golden State Avenue to California Avenue, into a "natural" creek with a walking path, public art, street furniture, lighting, decorative fencing, landscaping, creation of a pond in Central Park, and a new pedestrian plaza at 17th Street and "R" Street intersection. In November 2005, staff began the Qualifications Based Selection (QBS) process to select a design firm to design the project and to prepare construction documents for the Mill Creek Project. A Request for Qualifications (RFQ) was sent out to interested firms. On December 22, 2005, the City received twelve (12) responses. The selection committee to review the responses of the firms was comprised of staff from the following City Departments; Economic and Community Development, Planning, Recreation and Parks, Water Resources, and Public Works. The selection committee determined that six (6) firms should be invited to interview with the Committee. The interview consists of making a presentation on performing the work of the project and also submitting a fee proposal to do the work. The firms invited to the interview were: RRM Design Group; SWA Group; Royston Hanamoto Alley & Abey; Gruen Associates; Wallace Roberts & Todd; and Pacific Coast Land Design. April 6,2006, 9:50AM REB - PW Engineering G:IGROUPOAnADMINRPTl2006104·261RHAA Mill Creek Prelim Design.doc _._,..._.~--~~--'~----~.. '--'-"---"~-'-"--"--'~---'.._-~-,- ADMINISTRATIVE REPORT The interviews of the six firms were conducted on February 1, 2006. The Selection Committee rated and ranked each of the six firms. The Selection Committee then also reviewed the cost proposals that were submitted by the firms. The Selection Committee found the firm of Royston Hanamoto Alley & Abey (RHAA) to have the combination of high qualifications and reasonable fee proposal which is favorable to the City. The RHAA team also projects more than 60% of the fee will go to team members that are based in the City of Bakersfield. Therefore, the Selection Committee recommends that the City enter into a contract with RHAA. This agreement provides for Preliminary Design and detailed Project Cost Estimate, with a Master Plan for fully implementing the Project over time as full funding becomes available. April 6. 2006, 9:50AM RES - PW Engineering G:\GROUPOATlAOMINRPT\2006\04-05\RHAA Mill Creek Prelim Design.doc ~ '-""""--~-"-~'-"----". -'.'~ '"--------~ ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 AGENDA SECTION: Deferred Business ITEM: II...b. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD APRROVED ¡Y( CITY ATTORNEY]à) ÚJf., fJrIS CITY MANAGER ~ SUBJECT: Construction of McDonald Way Sewer and Lift Station Project (Ward 1): April6,2006 1. Accept bid to award contract to HPS Mechanical, Inc for $2,187,512.40 for project. 2. Appropriate $1,350,000 Sewer Enterprise Fund Balance to the Capital Improvement Budget for construction of project. RECOMMENDATION: Staff recommends acceptance of low bid and award of contract, and approval of appropriation. BACKGROUND: This project consists of the construction of sewer mains, laterals, and a sewer lift station bounded by Stockdale Highway on the south, McDonald Way on the west, Joseph Drive on the north, and Stine Road to the east. The project will service 256 existing residences within these boundaries. The project is funded entirely with Sewer Enterprise Funds which will be reimbursed by property owner fees at the time the owner connects to the sewer service. The City of Bakersfield's Economic and Community Development Department has also made HUD grants availabie for qualified property owners to use for payment of their fees. On March 1, 2006, four acceptable bids were received as follows: HPS Mechanical, Inc. 3100 E. Belle Terrace Bakersfield, CA 93307 (City) in the amount of $2,187,512.40 Griffith Company 1898 S. Union Avenue Bakersfield, Califomia 93307 (City) in the amount of $2,802,208.00 W.M. Lyles 1210 W. Olive Avenue Fresno, Califomia 93728 Nicholas Construction Inc. 1975 Airport Dr. Bakersfield, California (County) in the amount of $3,167,963.60 in the amount of $3,800,650.00 April 12, 2006. 11:15AM G:IGROUPOAT\ADMINRPTI2006104-26IAdminRptMcDonalds-e2K012.dOC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 5, 2006 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 (seated at 5:27 p.m.) Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One case) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Wible Road Action Group, et al v City, et al. 2. City v HW. Lakeshore Pines Joint Venture (Cross). DELETED City Clerk McCarthy announced item 4.b.1. was being removed at the request of the City Attorney. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:17 p.m. APPROVED Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:02 p.m. APPROVED Bakersfield, California, April 5, 2006 - Page 2 RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Couch, Hanson, Sullivan, Scrivner Absent: Benham 6. INVOCATION by Pastor Daren Pitcher, Ridgeview Church. 7. PLEDGE OF ALLEGIANCE by Claryce Lazerson, 4th Grade Student at St. John Lutheran. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One case) Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: b. 1. 2. Wible Road Action Group, et al v City, et al. City v H.W. Lakeshore Pines Joint Venture (Cross). City Attorney Gennaro announced concerning item 4.b.2.: "The City Attorney and the City Manager were directed to prepare the necessary financial documents and take appropriate steps to finalize and enforce the mediation agreement concerning this matter. " 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for OneLegacy, proclaiming April, 2006, as "National Donate Life Month". Ms. Normoyle accepted the proclamation and made comments. ACTION TAKEN CITY ATTORNEY GIVEN DIRECTION DELETED CITY ATTORNEY GIVEN DIRECTION Bakersfield, California, April 5, 2006 - Page 3 9. PRESENTATIONS continued b. Presentation by Mayor Hall of Proclamation to Lorena Giambo, Bakersfield Association of Realtors, and Maribel Reyna, City's Economic & Community Development Department, proclaiming April, 2006, as "Fair Housing Month". Ms. Giambo accepted the proclamation and made comments. 10. PUBLIC STATEMENTS a. Bob Bell, Treble LLC spoke in support of the Downtown PBID and provided written material. b. Brian Holle spoke regarding alley parking control and provided written material. c. Paul Press spoke regarding the Bakersfield Blitz. d. Edward Gonzales and Jonathan Webster spoke regarding neighborhood crime and suggested possible seizure of houses hosting criminal activities. Councilmember Carson requested the Legislation and Litigation Committee access the feasibility of establishing an Ordinance to authorize the seizure of drug/gang houses. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 22, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from March 10, 2006 to March 23, 2006 in the amount of $7,619,627.19 and self insurance payments from March 10, 2006 to March 23, 2006 in the amount of $154,531.67. ._-~~..............---~~_.-.-_.._._~.---,-- ACTION TAKEN 12. Bakersfield, California, April 5, 2006 - Page 4 CONSENT CALENDAR continued Ordinances: c. First Reading of Ordinance deleting Chapter 1.12 of the Municipal Code in its entirety and adding a new Chapter 1.12 relating to the establishment of ward boundaries. d. First Reading of Ordinance amending Chapter 10.76 of the Municipal Code relating to parades. Adoption of Ordinance amending Municipal Code Section 1.12.050 by adding Annexation No. 483, located south of Panama Lane, east and west of Old River Road, to Ward 5. e. f. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map NO.1 02-05) of the Municipal Code by changing the zoning, upon annexation to the City, from A (Agriculture) to E (Estate) on 43.13 acres located on both sides of Etchart Road approximately Y2 mile west of Coffee Road. (ZC 05-1082) (SmithTech/USA representing Oak Tree Development Co., Inc.) Adoption of Ordinance amending Section 17.060.020 (Zone Map No. 123-29) of the Municipal Code by changing zoning from MH (Mobile Home) to R-1 (One Family Dwelling) on 2.4 acres and from MH to R-2 (Limited Multiple Family Dwelling) on 26.41 acres generally located on the east side of Progress Road approximately Y2 mile south of Panama Lane. (File #05-1686) (Quad-Knopf, Inc. representing Gosford-Panama Partners) g. Resolutions: h. Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 466 consisting of 83.47 net acres located north of Snow Road, generally between Allen Road and Calloway Drive. ì. Resolution adopting revised land based financial policy. ..,-.- - .__.~.._._..._~~-,-----,,_._",.,~-,- ACTION TAKEN FR FR ORD 4339 ORD 4340 ORD 4341 RES 101-06 RES 102-06 Bakersfield, California, April 5, 2006 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN j. Resolution authorizing the filing of an application RES 092-06 with Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2006-07 to be utilized for the maintenance of the Bakersfield Amtrak Station. k. Resolution consenting to the transfer of a cable RES 093-06 television franchise from CoxCom, Inc. to Cebridge Acquisitions, L.P. I. Resolution adopting Kern County California Multi- RES 094-06 Hazard Mitigation Plan. m. Sewer Connection Fee Assessments for 2601 Carlita Court: 1. Resolution confirming assessments for RES 095-06 sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Mario Meza Garcia & Ronda AGR 06-082 2. Meza to pay sewer connection fee in installments and notice of special assessment lien. n. Assessment District No. 06-1 (Etcheverry/Lin II): 1. Resolution accepting petition and RES 096-06 determining to undertake special assessment proceedings. 2. Agreement with Wilson & Associates for AGR 06-083 assessment engineering services. 3. Agreement with Orrick, Herrington & Sutcliffe AGR 06-084 for bond counsel services. 4. Agreement with Pillsbury Winthrop, LLP for AGR 06-085 disclosure counsel services. o. Group home at 5809 Dorset Drive: 1. Resolution requesting the State Legislature RES 097-06 amend state law pertaining to group homes. 2. Letter to the Community Care Licensing Division of the State of California, from the City Council, requesting action regarding the group home. Bakersfield, California, April 5, 2006 - Page 6 12. CONSENT CALENDAR continued p. Resolution establishing Traffic Signal Maintenance District TS-14 (Ming, South Allen SE) confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. q. Resolution of Intention No. 1436 to add territory, Area 4-44 (Chester Avenue, 24th to Garces Circle) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. Resolution of Intention No. 1443 to add territory, Area 2-32 (District, Stine Canal NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. r. Agreements: s. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Morningstar Estates, LLC, for Tract 5667 located north of Campus Park Drive and east of Mountain Vista Drive. 2. Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 2 located west of Buena Vista Road and north of Panama Lane. t. Amendment NO.2 to Agreement No. 05-152 with Pavement Recycling Systems, Inc. ($400,000.00, revised not to exceed $1,400,000.00; and, extending term for one (1) year) for cold planing for Streets Division. Bids: u. Accept bid to award contract to Loop Electric, Inc. ($110,194.80) for traffic signal and lighting system installation at Ming Avenue and Grand Lakes Avenue. v. Accept bid to award contract to TES Electric Contractors, Inc. ($105,800.00) for traffic signal and lighting system installation at Olive Drive and Riverlakes Drive. ACTION TAKEN RES 098-06 ROl1436 ROl1433 AGR 06-086 AGR 06-087 AGR 06-088 AGR 06-087 AGR 05-152(2) AGR 06-090 AGR 06-091 Bakersfield, California, April 5, 2006 - Page 7 12. CONSENT CALENDAR continued w. Accept bid to award annual contract to National Waterworks (not to exceed $250,000.00) for water meters for Water Resources Department. Miscellaneous: x. Transfer appropriations of $2,029,640.00 from the debt service budget within the Transient Occupancy Tax Fund to the Capital Improvement Budget within the Capital Outlay Fund for various improvements to the Rabobank Convention Center and Arena facilities in connection with savings generated by the refunding of the 1997 Certificates of Participation. y. Request for conversion of approved position from General Services Coordinator to Maintenance Craft Worker II (General Services Division). Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.y. with the removal of item 12.0. for separate consideration. o. Group home at 5809 Dorset Drive: 1. Resolution requesting the State Legislature amend state law pertaining to group homes. 2. Letter to the Community Care Licensing Division of the State of California, from the City Council, requesting action regarding the group home. Vice-Mayor Maggard requested staff solicit the support of local State representatives for the purpose of changing State regulations regarding group homes. Motion by Vice-Mayor Maggard to approve item 12.0. 13. CONSENT CALENDAR HEARINGS None. ACTION TAKEN AGR 06-092 APPROVED AB BENHAM RES 097-06 Bakersfield, California, April 5, 2006 - Page 8 14. HEARINGS a. Public Hearing to consider appeals by A & E Union, Inc., Fletch Waggoner on behalf of Casa Club Fairways Homeowners Association and Pulte Homes of Planning Commission decision upholding the Development Services Director's approval of a compliance review of a 185 unit multiple family project on 19.07 acres zoned R-2 (Limited Multiple Family Residential) located at 14801 Casa Club Drive. (Owner/Developer: Andy Fuller) (File SPR 05-1641) 1. Resolution upholding the Planning Commission's decision to uphold the Development Services Director's approval and add a condition concerning secondary emergency access, and denying the appeal by A & E Union, Fletch Waggoner and Pulte Homes. City Clerk McCarthy announced correspondence was received from Pillsbury, Winthrop, Shaw, Pittman, on behalf of Pulte Homes, Carolyn Hinds and Mario Valenzuela, A & E Union regarding the item. Development Service Director Grady made staff comments. Hearing opened at 7:10 p.m. Jim Worth, Esq., on behalf of the eight homeowners associations within the Rio Bravo golf course gated area, spoke in opposition to the staff recommendation. Teri Bjorn, Clifford and Brown, on behalf of Andrew Fuller spoke in favor of the staff recommendation. Andrew Fuller and Justin Van Mullin made a presentation supporting the staff recommendation. Hearing closed at 7:34 p.m. Motion by Vice-Mayor Maggard to deny the appeal and approve the staff recommendation. --- ---- _. '~'-'---" ..-, ..,~~--~~ ACTION TAKEN RES 099-06 APPROVED AB BENHAM Bakersfield, California, April 5, 2006 - Page 9 14. HEARINGS continued b. Hearing to receive public comment regarding the costs to maintain call boxes, the need to provide other motorist aid services, or eliminate the system. Hearing opened at 8:05 p.m. No one spoke. Hearing closed at 8:06 p.m. City Clerk McCarthy announced the public can provide input regarding the issue by contacting the City Council via email at citv council@bakersfield.us or by calling the City Clerk's Office at 326-3767. 15. REPORTS None. 16. DEFFERRED BUSINESS a. New Positions in Graffiti and Code Enforcement: 1. Authorize four (4) Maintenance Craftworker I positions in Public Works (Graffiti). 2. Authorize one (1) Community Relations Specialist position in Police (Graffiti). 3. Authorize five (5) Code Enforcement Officer I positions and one (1) Clerk-Typist I position in Development Services. 4. Appropriate $261,000.00 General Fund balance to the Building Department Operating Budget ($138,000.00), Police Operating Budget ($23,000.00), and Public Works General Services Operating Budget ($100,000.00) within the General Fund for salaries and related benefits. ACTION TAKEN Bakersfield, California, April 5, 2006 - Page 10 16. DEFFERRED BUSINESS continued Item 16.a. continued 5. Appropriate and transfer $500,000.00 General Fund balance to the Capital Improvement Budget within the Equipment Management Fund for the purchase of related vehicles and equipment. City Manager Tandy and Assistant City Manager provided an overview and made staff comments. Motion by Vice-Mayor Maggard to approve the positions and appropriate funds. 17. NEW BUSINESS a. Resolution agreeing to the formation of the Downtown Business Improvement District; and authorizing the Mayor to sign the petition on behalf of the City agreeing to be included. Economic and Community Development Director Kunz made staff comments. On behalf of Councilmember Benham Vice-Mayor Maggard read into the record: "The Downtown Business and Properly Owners Association is leading an efforl to create a properly based business improvement district in downtown Bakersfield to provide enhanced special maintenance and security services that will improve the image and utilization of downtown. A committee comprised of over twenty-five area properly and business owners met for several months and through their efforls drafted the Downtown Bakersfield Properly Based Business Improvement District, or PBID the Bakersfield Properly Based Business Improvement District Plan. The Plan outlines the proposed improvements, activities and enhanced services and establishes a proposed budget for these services. The PBID Plan includes safety and maintenance programs. Safety programs proposed include uniformed daytime bicycle and walking security patrol and nighttime security patrol. The maintenance include sidewalk sweeping, pressure washing, graffiti and handbill removal and trash removal. Additional programs include special communication or marketing, new program development and an allowance for administration. These proposed services will not replace any current or future City services but will augment them. ACTION TAKEN APPROVED AB BENHAM Bakersfield, California, April 5, 2006 - Page 11 17. NEW BUSINESS continued Item 17.a continued They will be paid for through a self-taxing method much like a maintenance district. PBIDs are established by those who pay, governed by those who pay, implemented by those who pay and benefited from by those who pay. The district will improve the overall viability of the downtown business district. More than one thousand PBIDs exist in North America with more than seventy in California. Downtowns including Visalia, Stockton, Long Beach and Sacramento have all benefited from a PBID. The petition for City Council asks for the City to support the planned PBID. As a key property owner in downtown the City will participate in the voluntary assessment along with all of the property owners of the PBID boundary. I, Councilmember Benham, encourage the City Council to support this focused effort to strengthen and revitalize downtown Bakersfield and authorize the Mayor to sign the petition. " Motion by Councilmember Hanson to authorize the Mayor to sign the petition on behalf of the City. Councilmember Couch recognized Kevin Bacon and Mimi Audello, with San Joaquin Community Hospital, who made comments regarding the proposed PBID. Councilmember Scrivner requested staff provide specific dates and times regarding when and where the PBID informational meeting will be held. 18. MAYOR AND COUNCIL STATEMENTS City Clerk McCarthy read into the record a referral from Councilmember Benham requesting the Legislation and Litigation Committee address the issue of an Ordinance regarding alley parking. Councilmember Hanson requested information regarding the number of arrests of graffiti vandals made last month. Chief Rector responded. Councilmember Hanson requested information regarding the prosecution of the parents/guardians of graffiti vandals. City Attorney Gennaro responded. _.__'_"__"'_^_'_"__"~' .*_.___"___.~ _.__.__.__..___h.______ ACTION TAKEN APPROVED AB BENHAM Bakersfield, California, April 5, 2006 - Page 12 18. COUNCIL AND MAYOR STATEMENTS continued Councilmember Hanson requested information regarding the utilization of personnel hired to combat graffiti should the proliferation of graffiti be a fad which naturally abates. City Manager Tandy responded. Councilmember Hanson requested information regarding compelling commercial property owners to remove graffiti. City Manager Tandy replied. Councilmember Hanson made comments regarding the recent immigration demonstrations and requested Chief Rector address the need for police services. Chief Rector responded. Councilmember Hanson requested information regarding an overturned railroad car behind Sam's Club. Public Works Director Rojas and Chief Fraze responded. Councilmember Hanson requested staff address Mrs. Williams concern regarding the timing of the traffic signal at Buena Vista and Panama. Councilmember Hanson requested information regarding girls softball facilities. Recreation and Parks Director Hoover responded. Councilmember Carson requested staff remove the abandoned vehicle behind a church near Martin Luther King Jr. Park. Councilmember Carson requested information regarding the seizure of drug/gang houses and requested staff provide a copy of the law providing for seizure at the next Safe Neighborhoods Committee meeting. Councilmember Scrivner requesting information regarding drainage issues. Public Works Director Rojas responded. Councilmember Scrivner requested staff respond to a property owner's questions regarding a senior housing project in the Stine/Berkshire area and provided contact information. Councilmember Scrivner thanked staff for increased enforcement in abating graffiti and code enforcement issues. ACTION TAKEN Bakersfield, California, April 5, 2006 - Page 13 18. COUNCIL AND MAYOR STATEMENTS continued Councilmember Sullivan made positive comments regarding staffing increases in code enforcement and anti- graffiti. Councilmember Sullivan made comments regarding a mission trip. Councilmember Sullivan made comments regarding the passing of Buck Owens. Councilmember Couch requested John Stinson contact him. Councilmember Couch made comments regarding recent traffic deaths and passed along condolences to their family members. Councilmember Couch requested a conversation with Chief Rector regarding measures to slow traffic and racing. Vice-Mayor Maggard requested a report on the cost of police services and property damage related to recent protest marches. Vice-Mayor Maggard stated he is in favor of retaining call boxes. Vice-Mayor Maggard thanked City Clerk McCarthy for providing him replacement documents. Vice-Mayor Maggard requested staff provide Council with a response to the proposal from Big League Dreams. Vice-Mayor Maggard made comments regarding staffing levels in Public Works and Planning, the issue to be addressed during the budget development, and Council be provided a summary of accurate timeframes regarding the subdivision process. Mayor Hall made comments regarding the passing of Buck Owens. __·_________~____,··_"___~_·.__~·c·_.___.·._-,," ACTION TAKEN Bakersfield, California, April 5, 2006 - Page 14 19. ADJOURNMENT Mayor Hall adjourned the meeting in memory of the late Buck Owens at 9:32 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTiON TAKEN