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HomeMy WebLinkAbout03/28/07_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MARCH 28, 2007 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PU BLIC STATEMENTS (Regarding Workshop and Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Wanda Grant, et al v City, et al Kern Countv Suoerior Court Case No. S-1500-CV-257611-SPC 2. Anthony Campbell, et al v City, et al USDC Central District Case No. CIV-F-04-5585 AWl TAG 3. Thomas Teagarden v City, Bakersfield Police Department, et al USDC. Eastern District. Case NO.1 :07-CV-00054-AWI-TAG 4. Robert Pratt v City, et al KCSC Case No. S-1500-CV-256401, KCSC Case No. S-1500-CV-253264. RJA, and KCSC Case No. S-1500-CV-259414-AEW b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9 regarding appeal of personnel action in the matter of Robert Pratt. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Victor Perez, Believers In Jesus Ministries. 7. PLEDGE OF ALLEGIANCE by Karyssa Martinez, 6th Grade Student at Bessie Owens Intermediate School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 2-8, 2007 as Public Health Week. b. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for OneLegacyand President, Kern Area Transplant Support Group, proclaiming April, 2007, as National Donate Life Month. 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 14, 2007 Regular City Council Meeting. 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from March 2, 2007 to March 15, 2007 in the amount of $15,836,328.68 and self-insurance payments from March 2, 2007 to March 15, 2007 in the amount of $216,130.23. Ordinances: (Ward 4)* (Ward 1) (Ward 3,4,5) e. (Ward 1,2,6,7) f. (Ward 3)* g. (Ward 1,3,5) h. * - upon annexation First Reading of Ordinance amending Municipal Code Section 1.12.040 by adding Annexation No. 486 consisting of 106.66 acres located north of Snow Road, west of Allen Road; Annexation No. 495 consisting of 60.88 acres located north of Reina Road to Kratzmeyer Road, west of Allen Road; and, Annexation No. 535 consisting of 82.25 acres located south of Snow Road, west of Allen Road to Ward 4. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 123-2) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-O PCD (Professional and Administrative Office-Planned Commercial Development) on .86 acres located at the northwest corner of S. Real Road and Elcia Drive. (ZC 06-2038) (Applicant: Stephen Hawkins P.E.I Property Owner: Gartner Family Trust) (FR 03114/07) Resolutions: c. d. Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution determining assessments remaining unpaid. 2. Resolution authorizing issuance of bonds. 3. Resolution approving form and substance of preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and actions. 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 weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 510 consisting of 126.68 net acres located south of Olive Drive, west of State Freeway 99. Resolutions adding the following territories 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. 1. Area 1-68 (Patton, Meany SW) 2. Area 3-45 (Panama, Buena Vista SE) 3. Area 4-48 (College, Vineland SW) 4. Area 4-72 (Paladino, Vineland SW) 5. Area 4-73 (Miramonte, 178 SE) 6. Area 4-74 (Mt. Vernon, Columbus SW) 7. Area 5-34 (Panama, Madison S) 2 City Council Meeting of 03/28/2007 (Ward 3) 12. CONSENT CALENDAR continued i. Resolution of Intention No. 1521 to add territory, Area 4-75 (Miramonte, 178 NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1525 to add territory, Area 4-76 (Morning, Madarin N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1526 to add territory, Area 5-35 (Planz, Coy S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Allen Road II Planned Sewer Area: 1. Resolution of Intention No. 1471 to establish the sewer plan for the Allen Road II Planned Sewer Area and preliminarily approving the cost and fee schedule and the boundaries of the area. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. Panama and Union Planned Sewer Area: (Ward 3) (Ward 1) (Ward 4) (Ward 1) (Ward 3) (Ward 3,4,5,6) O. (Ward 1) p. * - upon annexation j. k. I. m. n. 1. Resolution of Intention No. 1527 to establish the sewer plan for the Panama and Union Planned Sewer Area and preliminarily approving the cost and fee schedule and the boundaries of the area. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. Resolution of Intention No. 1523 to establish the drainage plan for the Revised Pioneer Planned Drainage Area and preliminarily approving the cost and fee schedule and the boundaries of the area. Agreements: Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Rio Bravo Heights, LLC for Tract 5516 Phases 1 & 2 located at the southeast corner of Vista Grande Drive and De La Guerra Terrace. 2. Final Map and Improvement Agreements with KB South Bay, Inc. for Tract 6338 Phase 1 located at the southwest corner of Paladino Drive and Vineland Road. 3. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6363 Unit 1 located north off Harris Road and east of Old River Road. 4. Final Map and Improvement Agreements with Norris Road, LLC for Tract 6480 located at the southeast corner of Etchart Road and Verdugo Lane. 5. Final Map and Improvement Agreements with Centex Homes for Tract 6491 Phase 1 located north off Taft Highway (Hwy 119) east of Ashe Road. Agreement with Kern Sanitation Authority granting the City an easement at the northwest corner of E. Planz Road and S. Oswell Street for the Northeast Bakersfield Sewer Trunk Line. 3 City Council Meeting of 03/28/2007 (Ward 1) (Ward 2) (Ward 7) (Ward 3) (Ward 4) (Ward 5) (Ward 5) (Ward 2) (Ward 2) 12. CONSENT CALENDAR continued Agreement granting the County of Kern an easement on the north side of Planz Road west of Mt. Vernon Avenue for the Rexland Acres Sewer Project. r. Agreement with Gregory B. Bragg & Associates, Inc. (total not to exceed $405,000 over three years) for liability claim adjustment services. q. Centennial Freeway (future): 1. Agreement with Bakersfield Redevelopment Agency ($1,000,000) for City to purchase Agency owned property located to the east of P and Q Streets and south of the B.N.S.F. railroad tracks for freeway right of way requirements. 2. Appropriate $1,000,000 proceeds from the sale of land to the Southeast Redevelopment Project Area, Low-Mod Housing Fund for future land acquisition. City v. North Kern Water Storage District, et al; City v. Oildale Mutual Water Company; and, City v. City of Shatter: 1. Agreement with Duane Morris, LLP, ($250,000) for outside legal services. 2. Agreement with Clifford & Brown ($250,000) for outside legal services. 3. Appropriate $250,000 Ag Water Fund balance and $250,000 Domestic Water Fund balance to the Ag and Domestic Water operating budgets. Cooperative Agreement with California Department of Transportation (Caltrans) to reconstruct the eastbound White Lane to the southbound State Route 99 on-ramp. Cooperative Agreement with California Department of Transportation (Caltrans) ($15,000,000) to construct a new interchange on State Route 178 at Fairfax Road and extend State Route 178 to a four lane freeway for 1 .75 miles. Agreement with Lennar Homes of California, Inc. (estimated traffic impact fee credit $5,717,648) for improvements on Snow Road. Agreement with Centex Homes to dedicate 1.70 net acres of real property for Buena Vista Ranch Park located at S. Allen Road and Hawksmoor Street. Tradewinds Park located on Tropicana Drive and Beach Rose Drive: 1. Agreement with Lennar Homes of California, Inc. to dedicate 2.08 net acres for park purposes, acquisition ($549,100) and development ($610,000). 2. Appropriate $549,100 Park Acquisition Fund Balance from the Southwest Acquisition - Zone 1 to the Recreation and Parks Capital Improvement Project Budget. z. Agreement with Northcutt and Associate ($50,000) for consulting services for developing a final work program, preparing the Request for Proposal for the environmental document, and coordinating the update to the Metropolitan Bakersfield General Plan. s. t. u. v. w. x. y. aa. Amendment NO.2 to Agreement No. 03-099 with Aramark regarding concession services at the Convention Center and Arena. Contract Change Order NO.1 to Agreement No. 07-023 with Masonry Contractor Installers, Inc. ($22,351; revised not to exceed $341,351) for improvements of thin brick exterior fascia at 1600 Truxtun Avenue. bb. . - upon annexation 4 City Council Meeting of 03/28/2007 12. CONSENT CALENDAR continued Bids: cc. Water Meters: 1. Accept bid and award annual contract to Badger Meters (not to exceed $130,000) for water meters. 2. Accept bid and award annual contract to Measurement Control Systems (not to exceed $350,000) for water meters. dd. Accept bid and award annual contract to Pavement Recycling Systems, Inc. (not to exceed $1,200,000) for cold planing. Miscellaneous: ee, Adopt letter from the City Manager to the Kern Council of Governments Board of Directors regarding State Transportation Improvement Program (STIP) Augmentation Funds as Council Policy. ff. Reclassification of Secretary II to Deputy City Clerk in the City Clerk's Office. Staff recommends adoption of Consent Calendar items a through ft. 13. CONSENT CALENDAR HEARINGS 14. HEARINGS a. Public Hearing to consider Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City (proposed 3.3% increase based upon Construction Cost Index). Staff recommends adoption of resolution. b. Public Hearing to consider Resolution adopting fees pursuant to the Cost Recovery System. Staff recommends adoption. 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, (~rl1.r. Alan Tandy City Manager 3/22/078:10am 5 City Council Meeting of 03/28/2007 -/ AGENDA HIGHLIGHTS MARCH 28, 2007 COUNCIL MEETING REGULAR MEETING - 5:15 D.m. CLOSED SESSION There will be a conference with legal counsel regarding two cases of existing litigation and one case of potential litigation. CONTINUATION OF REGULAR MEETING - 6:30 D.m. CONSENT CALENDAR Resolutions Item 121. Resolution Establishinc the Sewer Plan for the Allen Road II Planned Sewer Area (PSA). The Allen Road trunk sewer line is being extended from Rosedale Highway to Noriega Road. This area is generally bounded by Reina Road on the north, Old Farm Road on the east, Rosedale Highway on the south and Pharfield StreeVJenkins Road on the west. This Resolution approves the boundaries of the area, the cost of the improvements, and the assessment fee schedule. Up front construction costs were covered by Sewer Enterprise funds. As new and existing parcels develop within this area, the PSA fee will be collected with the building permits. The fees will then be used to reimburse the Sewer Enterprise Fund, and to either construct the remainder of the system or to reimburse any developer that builds a portion of the system. The developer will only be reimbursed for that portion of the cost that is over their proportionate share of the cost of the system. Council is also asked to give first reading to an Ordinance amending the Municipal Code adding this PSA to the list of sewer areas. This will allow the City to collects PSA fees from developers and residents to pay the proportionate share of constructing sewer facilities. Item 12m. Resolution Establishinc the Sewer Plan for the Panama and Union Planned Sewer Area (PSAl. This PSA is generally bounded by Panama Lane on the north, % mile east of Cottonwood Road on the east, Union Ave on the west, and Hosking Ave on the south. A developer constructed this system to provide sewer service to his development. The funds collected as new and existing parcels develop within the area will be used to reimburse this developer for costs over the proportionate share of the system's costs. A reimbursement agreement between the City and the developer will be submitted for Council consideration at a future meeting. Council is also asked to give first reading to an Ordinance amending the Municipal Code adding this PSA to the list of sewer areas. This will allow the City to collects PSA fees from developers and residents to pay the proportionate share of constructing sewer facilities. Aareements Item 12r. Acreement with Grecorv B. Bracc & Associates. Inc. for Liabilitv Claim Adiustment Services in an amount not to exceed $405.000 over three Years. For the past ten years, the City has contracted with Acclimation Insurance Management Services, Inc. (AIMS) to adjust liability claims filed against the City. In June 2005, the City contracted with Gregory B. Bragg & Associates, Inc. (Bragg) to handle the more complex liability claims. The AIMS contract expired in February 2007, and an RFP was subsequently issued. Bragg and AIMS submitted the only responses. Based on interviews held with these firms, staff recommends awarding the contract to Bragg. AIMS agreed to handle any open claims to their conclusion on a month-to- month basis at the expiring rates in their existing contract. This agreement is for a three-year term with not-to- exceed fees in the first year of $130,000, $135,000 in the second year, and $140,000 in the third year. Agenda Highlights March 28, 2007 . \ Page 2 Item 12s. Aareement with the Bakersfield Redevelooment Aaencv to Purchase Prooertv Located to the East of p/a Streets and South of the B.N.S.F. Railroad Tracks for Centennial Freewav (Future) Riaht-of-Wav Reauirements in the amount of $1.0 Million. The Agency holds fee simple title to approximately 5.5 acres of real property located to the east of P/Q Streets and south of the B.N.S.F. railroad tracks. This property was acquired by the Agency in May 2006, for the development of affordable multi-family housing units in the South Mill Creek project. In order to construct the future Centennial Freeway, a 1.95-acre linear strip of this property is needed for right-of-way. The funds to purchase the land will come from the Thomas Roads Improvement' Program (TRIP) Transportation Development Local Match Fund. The funds received from the sale of this property in the amount of $1.0 million will be used towards the purchase of adjacent replacement property required for the project. The $1.0 million will be appropriated from the sale of the land to the Southeast Redevelopment Project Area, Low-Mod Housing Fund for future land acquisition. The Agency approved this agreement at their March 12, 2007 meeting. Item 12t. Aareements with Duane Morris. LLP and Clifford & Brown for Outside Leaal Services in the amount of $250.000 each. This item relates to the Council directed lawsuits that were filed against the North Kern Water Storage District, et ai, Oildale Mutual Water Company and City of Shatter. The law firm of Duane Morris has successfully represented the City in water related litigation for many years. Clifford & Brown has recently been assisting the City in water related matters and provides a local presence. Item 12w. Traffic Imoact Fee Aareement with Lennar Homes of California. . Inc. for Imorovements on Snow Road (estimated imoact fee credit is $5.717.648.) Lennar Homes of California is constructing several improvements on Snow Road between Jewetta and Norris that are eligible for Transportation Impact Fee Credit. These include road improvements on Snow Road plus two bridges, one being over the canal at the Friant Kern Canal and the other at the Calloway Canal. This agreement will apply the Transportation Impact Fee credit available from these improvements to impact fees due on various tracts in the area. Item 12z. Acreement with Northcutt and Associates for Consultinc Services to Develoo a Final Work Proaram. Preoare the Reauest for Prooosal (RFP) for the Environmental Document. and Coordinate the Uodate to the Metrooolitan Bakersfield General Plan (MBGP) in the amount of $50.000. In April, 2006, an agreement was approved with Northcutt and Associates to prepare a work program and RFP for the MBGP update. This work is almost complete; however, additional assistance will be required to coordinate the next phase of the process. To continue to move forward, numerous activities are still necessary, as listed in the administrative report. The FY 2006/07 Capital Improvement Budget includes funding of $1 million for updating the Plan. This is a joint effort of the City and County, and is funded by collecting developer fees to offset the cost. Item 12aa. Amendment No. 2 to Acreement No. 03-099 with Aramark recardinc Concessions Services at the Convention Center and Arena. To be consistent with the recent extension of the SMG Agreement, this Amendment will extend the term of the Aramark Agreement to June 30, 2013. In exchange for the extension, Aramark agreed to provide a full-time, on-site general manager. Currently, Aramark pays the City 30% of the gross concessions receipts from the Convention Center and 35-40% of the gross concessions receipts from the Arena. This amendment will increase the percentage to 45%, which will exceed $2 million. Item 12bb. Contract Chance Order No.1 to Acreement 07-023 with Masonarv Contractor Installers. Inc. for 1600 Truxtun Avenue Imorovements of Thin Brick Exterior Fascia ($22.351 increase, for a revised not to exceed amount of $341.351.) During the brick repair process, it was discovered that caulking around the windows on the first floor had deteriorated. This deterioration is allowing moisture and other elements to enter the building. The contractor agreed to remove and replace this caulking for the lump sum price of $22,351. Agenda Highlights March 28. 2007 Page 3 Bids Item 12cc. Annual Contract for Water Meters. The first contract is with Badger Meters in an amount not to exceed $130,000, and the second is with Measurement Control Systems in an amount not to exceed $350,000. Staff recommends splitting the award based on providing small water meters (2" or less) for single- family residential and large water meters (3" or greater). The contract is renewable for four consecutive one- year periods at the City's option and upon mutually agreeable terms. Item 12dd. Award Annual Contract to Pavement Recvclino systems. Inc. for Citywide Cold Planina in an amount not to exceed $1.2 Million. One bid was received from over 100 invitations sent. The contract is renewable for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Miscellaneous Item 12ee. Adoot as Council Policva Letter from the City Manaoer to the Kern Council of Governments Board of Directors reoardino STIP Auomentation Funds. The State Transportation Improvement Program (STIP) has more money than is normal this year due to the passage of the State bond issues. At the Kern Council" of Governments (Kern COG) meeting of March 15, 2007, the Board of Directors approved submittal to the CTC (California Transportation Commission) a package of projects that includes $170 million for the Westside Parkway. Because the increase in funds is an advance which comes out of future STIP allocations, it was necessary to provide assurance of cooperation with the Kern COG members about future allocations in order to bring about approval of the plan. The letter attached to the administrative report was a product of negotiations that was formulated and assisted by Vice Mayor Hanson and Council member Scrivner. For $114 million more than the City would normally receive, staff committed to moving $22.5 million in TRIP funds to the 7th Standard Road project. A pledge was also made to be fair in future. STIP cycles by cooperating with other Kern COG members to phase their projects with the final stages of the Westside Parkway, where applicable. HEARINGS Item 148. Hearino to Consider a Resolution Aoorovino and Adootino an Adiusted Fee for the Develooment and Imorovement of Parks. Attached to the administrative report is the Public Works Director's annual report with updated, new, or additional information regarding the fee amount collected for the development of parks. Staff recommends increasing the current $1,510 per dwelling unit fee to $1,560 per dwelling unit, which is a 3.3% increase. This increase is based entirely on the rise in the Construction Cost Index (CCI). Parks staff has reviewed the cost components of the park development fee, and other than the CCI, no other changes are recommended. The park development fee was last adjusted in March, 2006. Item 14b. Public Hearino to Consider a Resolution Adootino Fees Pursuant to the Cost Recovery System. Every other year, staff proposes fees to be increased by a standard Consumer price Index (CPI) factor. During the last review process in July 2005, staff identified 11 fees warranting an increase greater than the CPI factor. Comments were received by the Building Industry Association regarding these fees. After reviewing these fees, the Budget and Finance Committee recommended to leave 6 fees at their current level. These fees, plus those where increases are recommended, are listed in the administrative report. The proposed increases are 4% greater than the CPI. Approved: ;'"\ Christine Butterfield ( ) II J:2--.. Assistant City Manager ~ cc: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Closed Session ITEM: ~. Q..~ b. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY Ve- CITY MANAGER Cfb Virginia Gennaro, City Attorney March 16,2007 SUBJECT: 1. Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Wanda Grant, et al v. City of Bakersfield, et al. Kern County Superior Court Case No. S-1500-CV-257611-SPC · Anthony Campbell, et al v. City of Bakersfield, et al. USDC Central District Case No. CIV-F-04-5585 AWl TAG · Thomas Teagarden v. City of Bakersfield, Bakersfield Police Dept., et al. USDC. Eastern District. Case NO.1 :07-CV-00054-AWI-TAG · Robert Pratt v. City of Bakersfield, et al. KCSC Case No. S-1500-CV-256401 KCSC Case No. S-1500-CV-253264. RJA KCSC Case No. S-1500-CV-259414-AEW 2. Conference with Legal Counsel- Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(8) of Government Code section 54956.9 re: Appeal of Personnel Action in the matter of Robert Pratt. VG:vl S:\COUNCIL \CI Sess\Admins\06-07\3-16-07Existlit-Potlit.doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Presentations ITEM:q. fL. FROM: Mayor Harvey L. Hall March 15, 2007 TO: Honorable Mayor and City Council DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_fib SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 2-8, 2007, as "Public Health Week". DATE: RECOMMENDATION: BACKGROUND: ndw March 15,2007, 2:12PM S:\MA YORIAOMIN\2007\PUBLlC HEALTH WEEK. dot ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Presentations ITEM: q. b . TO: Honorable Mayor and City Council FROM: DATE: Mayor Harvey L. Hall March 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~b SUBJECT: Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for OneLegacy and President of the Kern Area Transplant Support group, proclaiming April, 2007, as "National Donate Life Month". RECOMMENDATION: BACKGROUND: ndw March 15,2007, 2:38PM S:\MAYORIADMIN\2007\NATlONAL DONATE LIFE MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: \J. t1 . TO: Honorable Mayor and City Council Pamela McCarthy, City ClerO-- APPROVED DEPARTMENT HEAo1n, ,k,/v AT CITY AlTORNEY CITY MANAGER f12fJ SUBJECT: Approval of minutes of the March 14, 2007 Regular Council Meeting. FROM: DATE: March 15, 2007 RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I~. b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED March 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from March 02, 2007 to March 15, 2007 in the amount of $15,836,328.68 and self insurance payments from March 02, 2007 to March 15, 2007 in the amount of $216,130.23. RECOMMENDATION: Staff recommends approval of payments totaling $16,052,458.91. BACKGROUND: RAR March 15, 2007, 4:39PM S:\RichardIAPIADMIN-AP .doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: Id. c. APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY 1JrnA-- CllY MANAGERJ ii!J SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section ~ 1.12.040 by adding Annexation No. 486 consisting of 106.66 acres, located north of Snow Road, west of Allen Road, Annexation No. 495 consisting of 60.88 acres, located north of Reina Road to Kratzmeyer Road, west of Allen Road, and Annexation No. 535 consisting of 82.25 acres, located south of Snow Road, west of Allen Road to Ward 4. (yVard 4) TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 13, 2007 RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 486, 495 and 535 into corresponding Council ward. These annexations were approved by LAFCO recently. Annexation No. 486 is located north of Snow Road, west of Allen Road. The 106.66 acre site is undeveloped. The property owner proposes the development of 198 single family homes on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 495 is located north of Reina Road to Kertzmeyer Road, west of Allen Road. The property consists of 60.88 acres. The property owner proposes to develop approximately 200 single family residences on the 40 acre portion of the site and approximately 150 multi family residential units are proposed for the 20 acre portion of the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 535 is located south of Snow Road, west of Allen Road. The 82.25 acre site is undeveloped. The property owner proposes the development of 285 single family residential units on the project site. The property owner requested annexation for development purposes and to receive city services. S:\Annexation\Ordinances\Admin Draft 3-28-07 486, 495 & 535.DOC ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I~. Ii TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD February 13, 2007 CITY ATTORNEY CITY MANAGER VED l&Jf~ Mb SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-2) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling) and R-3 (Multiple-Family Dwelling) to C-O PCD (Professional and Administrative Office - Planned Commercial Development) on 0.86 acres located at the northwest corner of South Real Road and Elcia Drive (ZC # 06- 2038 - Stephen Hawkins P.E. representing Gartner Family Trust) (Ward 1). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on March 14, 2007. On January 18, 2007, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the existing zoning from R-1 (One-Family Dwelling) and R-3 (Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 0.86 acres. Due to opposition received at the hearing regarding traffic concerns, staff recommended the PCD (Planned Commercial Development) overlay zone which would require further review by the Planning Commission at the time of development. The applicant was in agreement with staff's recommendation. The reason for the request is to bring the zoning into conformance with the General Commercial General Plan Land Use designation on the subject property. The original request was for C-1 (Neighborhood Commercial) zoning to be in compliance with the existing zoning in the adjacent Wild West Shopping Center. During the processing of this zone change, the applicant amended the application to request C-O (Professional and Administrative Office) zoning on the subject parcels. This request took place after the hearing notice was mailed; however, renoticing the project was not required because the C-O zone is more restrictive than the originally requested C-1 zone. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. No mitigation measures were proposed. Staff recommends approval of the zone change. March 12, 2007, 3:31PM rwp S:\Danaladmin\2007\Mar\3-28-2038 2.doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \d-,. t-. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DEPARTMENT HEAD IV7 CITY ATTORNEY /fJ!!i,/ CITY MANAGER ttlb DATE March 9, 2007 SUBJECT: Resolutions for the proposed Assessment District No. 06-1, (Etcheverry/Linll/University Park). Wards 3,4 & 5 1. Resolution Determining Assessments Remaining Unpaid. 2. Resolution Authorizing Issuance of Bonds. 3. Resolution approving form and substance of preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and actions. RECOMMENDATION: Staff recommends approval of resolutions. BACKGROUND: On August 16, 2006 council approved the resolution of intention No. 1473 for the formation of Assessment District 06-1 (Etcheverry/Linll/University Park). On August 30, 2006, Council adopted the Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto and Execution Thereof. On January 17, 2007, Council approved the Preliminary Engineer's Report for this Assessment District. On March 14, 2007, Council approved the Final Engineer's Report, Levying Assessments, Ordering Improvements, and Authorizing and Directing Related Actions. Approval of the above resolutions and related documents will allow the Finance Director to proceed with the pre-marketing and pricing of the Assessment District Bonds, not to exceed $5,070,000, to fund the public improvements proposed to be constructed within the District boundaries. Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners (Castle & Cooke, LO Land Assets & Lennar Homes) of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. The Final Engineer's Report, the Preliminary Official Statement, and Bond Purchase Contract are on file in the City Clerk's Office for review. The City of Bakersfield is not obligated to repay any of the Assessment Bonds issued as a result of the formation of this District. ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent ITEM \.;;). .-f. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD >c,.-- March 16, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Property Abatements 1 . 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 weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on March 12, 2007, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 1. 2. 3. 4. 910 Bank St. 901 Caroline Ct. 905 Karma Ct. 11 Milham Dr. 010-221-15-00-8 412-080-30-00-4 171-223-11-00-4 139-432-21-00-1 $ 995.00 $ 945.00 $ 320.00 $ 345.00 March 7,2007, 12:30PM C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report Feb. 7.doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 5. 905 Pacheco Rd. 412-080-09-00-4 $ 254.77 6. 913 Pacheco Rd. 412-080-07-00-8 $ 254.77 7. 917 Pacheco Rd. 412-080-06-00-5 $ 220.00 8. 241 Union Ave. 010-090-02-00-6 $ 620.00 9. 1 206 11 th St. 009-031-08-00-3 $ 334.77 10. 1216 11th St. 009-031-09-00-6 $ 334.77 Ward 2/Councllmember Sue Benham 11 239 Bernard St. 012-310-10-00-6 $ 288.16 12 720 Eye St. 009-252-05-00-5 $ 1,295.00 13. 3100 Jewett Ave. 002-061-28-00-1 $ 320.00 14. 3525 Jewett Ave. 120-130-02-00-9 $ 667.94 15. 911 Quincy St. 013-250-03-00-6 $ 445.00 16. 1315 Robinson St. 015-170-17-00-8 $ 344.99 17. 815 31st St. 002-072-03-00-8 $ 274.98 Ward 6/Councllmember JacCluie Sullivan 18. 5808 Spring Blossom St. 499-361-01-00-1 $ 345.00 19. 5906 Spring Blossom St. 499-241-02-00-9 $ 545.00 Ward 7/Councilmember Zack Scrivner 20. 1420 Kristina Ct. 148-300-13-00-2 $ 620.00 21. 1420 Kristina Ct. 148-300-13-00-2 $ 645.00 March 7,2007, 12:30PM C:IDocuments and SettingslbbrownlDesktoplADMINladmin report Feb. 7.doc ADMINISTRATIVE REPORT Page 2 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. March 7,2007, 12:30PM C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report Feb. 7.doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: \~.a. U TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 26, 2007 APPROVED CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 510 consisting of 126.68 net acres located south of Olive Drive, west of State Freeway 99. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexation identified as Annexation No. 510 consists of 126.68 acres of land. This annexation was heard and approved by City Council July 19, 2005; however a property tax agreement was not adopted by the Board of Supervisor's in the allotted time. Adoption of a new resolution of application is required and the application will be resubmitted to LAFCO. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has 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 Kern. 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:dc S:\Annexation\Res of AppliclAdmin Draft 3-28-07510.doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \:). h. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD PPROVED h" , I \" i .....~ { .-/ March 15, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions adding the following territories 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. (Wards 1,3,5) 1. Area 1-68 (Patton, Meany SW) 2. Area 3-45 (Panama, Buena Vista SE) 3. Area 4-48 (College, Vineland SW) 4. Area 4-72 (Paladino, Vineland SW) 5. Area 4-73 (Mira Monte, 178 SE) 6. Area 4-74 (Mt.Vernon, Columbus SW) 7. Area 5-34 (Panama, Madison S) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On March 14,2007 the Council adopted Resolution of Intention No's. 1513, 1514, 1517 through 1520 and 1522 to add the above territories 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 parks and street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or 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 letters from the owners of the properties described above which waive 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 owners also have submitted Proposition 218 ballots indicating their 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, covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. March28_Est.dot ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: Id. i, TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director March 12, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1521 to add territory, Area 4-75 (Miramonte, 178 NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6569 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 4-75 is generally bounded by a line approximately 600 feet north of Highway 178 on the north, a line approximately 1,900 feet east of Miramonte Drive on the east, Highway 178 on the south and a line approximately 1,600 feet east of Miramonte 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 this covenant is attached for reference. mr March 12,2007, 12:07PM MD4-75Ri05.dot "ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: 1.1" . :..L... 10 TO: FROM: DATE: Honorable Mayor and City Council SUBJECT: APPROVED 1/1 ft/i DEPARTMENT HEAD(;/ C CITY ATTORNEY J}j;u, CITYMANAGER~ Resolution of Intention No. 1525 to add territory, Area 4-76 (Morning, Madarin N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). Raul M. Rojas, Public Works Director March 12, 2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 7056 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 4-76 is generally bounded by a line approximately 2,600 feet north of Paladino Drive on the north, a line approximately 1,500 feet east of Mandarin Avenue on the east, a line approximately 1,300 feet north of Paladino Drive on the south and a line approximately 200 feet east of Mandarin Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process 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 March 12,2007, 12:06PM MD4-76Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: Q .I~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 12,2007 SUBJECT: Resolution of Intention No. 1526 to add territory, Area 5-35 (Planz, Coy S) 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 Parcel Map No. 11592 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 5-35 is generally bounded by a line approximately 1,320 feet south of Planz Road on the north, a line approximately 300 feet east of Coy Avenue on the east, and the Kern Island Canal Central Branch on the south and 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 this covenant is attached for reference. mr March 12,2007, 12:42PM MD5-35Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: 1;1. I. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director March 7, 2007 DEPARTMENT HEAD , CITY ATTORNEY CITY MANAGER DATE: SUBJECT: Allen Road II Planned Sewer Area (Ward 4): 1. Resolution of Intention No.1471 to establish the Sewer Plan for the Allen Road II Planned Sewer Area and preliminarily approving the cost and fee schedule and the boundaries of the area. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first reading of the Ordinance. BACKGROUND: The City is extending the Allen Road trunk sewer line from Rosedale Highway to Noriega Road. The City prepared a master sewer study and designed the "backbone" sewer system for this area. This area is generally bounded by Reina Road on the north, Old Farm Road on the east, Rosedale Highway on the south and Pharfield Street/Jenkins Road on the west. This sewer trunk line project is currently under construction. Sewer Enterprise funds provided the upfront costs. Establishing the Allen Road II Planned Sewer Area (PSA) allows the City to recoup the actual cost of constructing this sewer line. As new and existing parcels develop within this area, the PSA fee will be collected with the building permits. The fees collected will be used to reimburse the Sewer Enterprise fund and will also be used to either construct the remainder of the system or to reimburse any developer that builds a portion of the system. The developer will only be reimbursed for that portion of the cost that is over their proportionate share of the cost of the system. This Resolution approves the boundaries of the area, the cost of the improvements, and the assessment fee schedule. This amendment to the Ordinance adds the Allen Road II Planned Sewer Area to the list of sewer areas. This allows the City to collect PSA fees from developers and residents at either the time of development or connection to the City sewer system to pay their proportionate share of constructing sewer facilities. mps March 15, 2007, 2:47PM G:\GROUPDAT\ADMINRPT\2007\03-28\Allen II PSA roLDOC ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \d.. m. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED '"r 'IJ .' DEPARTMENT HEAD ,If " CITY ATTORNEY CITY MANAGER March 14, 2007 SUBJECT: Panama and Union Planned Sewer Area (Ward 1): 1. Resolution of Intention No. 1527 to establish the Sewer Plan for the Panama and Union Planned Sewer Area and preliminarily approving the cost and fee schedule and the boundaries of the area. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first reading of the Ordinance. BACKGROUND: The City has prepared a master sewer study for an area generally bounded by Panama Lane on the north, % mile east of Cottonwood Road on the east, Union Ave on the west, and Hosking Ave on the south. As part of this study, the City has preliminarily designed the "backbone" sewer system to serve this area and prepared a cost estimate for the construction of the system. The Subdivision Map Act allows the formation of a Planned Sewer Area as a means of collecting fees for purposes of defraying the actual or estimated cost of constructing these planned facilities. The cost of the system is fairly apportioned to the property on an "Equivalent Dwelling Unit" (EDU) basis for residential property and on a per acre basis for commercial property. This fee is collected at the time of issuance of the building permit. A developer has constructed this "backbone" system to provide sewer service to his development. The funds collected as new and existing parcels develop within the area will be used to reimburse this developer for his costs over his proportionate share of the system's costs. A reimbursement agreement between the City and the developer will be submitted for Council consideration at a future meeting. This Resolution preliminarily approves the boundaries of the area, the cost of the improvements and the assessment fee schedule. This amendment to the Ordinance adds the Panama and Union Planned Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. mps March 14, 2007, 3:41PM G:\GROUPDA nADMINRPT\2007\03-28\Panama&UnionPSAroi.DOC =I' '; ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I a.,n . TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD / DATE: March 15, 2007 CITY ATTORNEY /L/lii CITY MANAGER SUBJECT: Resolution of Intention No. 1523 to establish the Drainage Plan for the Revised Pioneer Planned Drainage Area and preliminarily approving the cost and fee schedule and the boundaries of the area (Ward 3). RECOMMENDATION: Staff recommends approval of the Resolution of Intention. BACKGROUND: The original Pioneer Planned Drainage Area (PDA)was adopted by the City of Bakersfield on July 19, 1981. This PDA is currently part of Ordinance Section 16.32.060 of the Bakersfield Municipal Code relating to Drainage Facilities. Rapid development in the area has brought a need to update this study. Furthermore, the original fee was adopted in 1981 and has never been increased to reflect present costs. This proposed increase is based upon the Construction Cost Index. The City has prepared a master drainage study for an area generally bounded by Morning Drive on the east, a Southern California Edison easement on the west, Highland Knolls Drive on the north and Niles Street to the south. As part of this study, the City has preliminarily designed the "backbone" storm drain system which consists of a pipeline and multiple drainage basins that will drain water to a central basin to serve this area. This City has also prepared a cost estimate for the construction of the system. Funding for this project would be through a Planned Drainage Area (PDA). Future developments in this area would pay their proportionate share of the cost of this project. The fees collected as new and existing parcels develop within the area will be used to either construct the remainder of the system or to reimburse any developer that builds a portion of the system. The costs of the improvements have been apportioned on a per acreage basis. This Resolution preliminarily approves the boundaries of the area, the cost of the improvements and the assessment fee schedule. mb 3/15/07 G:blob\SHARED\PROJECTS\PSA.PDA Admin\Pioneer PDA-Admin Res of Int.DOC ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \.:>.. o. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER March 9, 2007 SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with Rio Bravo Heights, LLC, for Tract 5516 Phases 1 & 2 located at the southeast corner of Vista Grande Drive and De La Guerra Ter. (Ward 3) 2. Final Map and Improvement Agreements with KB South Bay, INC., for Tract 6338 Phase 1 located at the southwest corner of Paladino Drive and Vineland Road. (Ward 3) 3. Final Map and Improvement Agreements with Lennar Homes of California, INC., for Tract 6363 Unit 1 located north off Harris Road and east of Old River Road. (Ward 5) 4. Final Map and Improvement Agreements with Norris Road, LLC, for Tract 6480 located at the southeast corner of Etchart Road and Verdugo Lane. (Ward 4) 5. Final Map and Improvement Agreements with Centex Homes for Tract 6491 Phase 1 located north off Taft Highway (Hwy 119) east of Ashe Road. (Ward 6) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs March 9, 2007, 9:15AM G:\GROUPDAnADMINRPT\2007\03-28\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \~. l\. I TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director March 7, 2007 RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City is constructing a new 72" diameter sewer trunk line to convey wastewater flows from Northeast Bakersfield to the City's Waste Water Treatment Plant #2 on South Mt Vernon Avenue. The Kern Sanitation Authority will be granting the City a permanent and temporary construction easement for placement and maintenance of the new sewer trunk line. This agreement outlines the responsibilities of the City during construction. ENS/s KSA Sewer Ease Agreement.doc March 7,2007 ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: 10. ct....: V TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED March 9, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement granting the County of Kern an easement on the north side of Planz Road west of Mount Vernon Avenue for the Rexland Acres Sewer Project. (Ward 1) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The County of Kern is proposing to construct a five mile 8" forced sewer main from Rexland Acres to the Kern Sanitation Authority's wastewater treatment plant at State Route 58 and Oswell Street. The County has asked the City to grant County a permanent and temporary construction easement over a portion of the City's Sewer Farm located on Planz Road and Mount Vernon Avenue to allow construction on the County's project. The attached agreement outlines the responsibilities of the County during construction. In consideration for granting the easement, the Kern Sanitation Authority will be granting the City a similar easement through property owned by Kern Sanitation Authority at the northwest corner of East Planz Road and South Oswell Street for the City's Northeast Sewer Trunk Line Project. ENB/s Sewer Ease Agreement Rexland.doc March 7, 2007 ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \0).. ('. TO: FROM: DATE: Honorable Mayor and City Council John W. Stinson, Assistant City Manager APPROVED March 12, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Claim Adjusting Firm of Gregory. B. Bragg & Associates, Inc. (total not to exceed $405,000 over three years) to Adjust Liability Claims Filed Against the City of Bakersfield. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: For the past ten (10) years, the City has contracted with Acclimation Insurance Management Services, Inc. (AIMS) to adjust liability claims filed against the City. In June 2005, the City contracted with Gregory B. Bragg & Associates, Inc. (Bragg) to handle the more complex liability claims against the City. These claims include Police liability, Employment liability and Discrimination claims. AIMS continued to handle the more routine claims such as potholes, minor auto accidents and trip and fall claims. The AIMS contract expired on February 5, 2007 and the City issued a RFP for adjusting services to handle the routine claims. AIMS and Bragg were the only positive responders to the RFP. Frontier Adjusters did not respond and TRISTAR Management declined to respond. Both Bragg and AIMS were asked to participate in the oral review process. The City's oral board consisted of the following staff: Virginia Gennaro, City Attorney, John W. Stinson, Assistant City Manager, Michael Connor, Street Superintendent, Jena Covey, Risk Management Administrative Analyst and Ralph Korn, Risk Manager. The potential providers were assessed on their knowledge and experience in claim management as well as their practices in resolving liability claims. The review committee recommended that Bragg be awarded the contract. The Bragg proposal is the most economical of the two ~2) responses. Bragg proposes a three (3) year contract with not-to-exceed professional fees in the 1 S year of One Hundred Thirty thousand dollars ($130,000); in the 2nd year not-to-exceed fees are One Hundred Thirty-five thousand dollars ($135,000); and in the 3rd year, not-to-exceed fees are One Hundred Forty thousand dollars ($140,000). March 20, 2007, 8:59AM S:\Ralph\Contracts\Bragg Admin Report--2007.doc ADMINISTRATIVE REPORT AIMS' proposed contract fees ranged from One Hundred Fifty-five thousand dollars ($155,000) in the first year to One Hundred Sixty-five thousand dollars ($165,000) in the third year of the contract. It is also in the City's best interest to combine liability claim adjusting services with a single provider. AIMS has agreed to handle the open claims to their conclusion on a month-to-month basis at the expiring rates in the existing AIMS contract. RAK March 20, 2007, 8:59AM S:\Ralph\Contracts\Bragg Admin Report--2007.doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: l~. $. TO: Honorable Mayor and City Council FROM: DATE: Donna L. Kunz, Economic Development Director March 20,2007 CITY MANAGER SUBJECT: Centennial Freeway (future): 1) Agreement with the Bakersfield Redevelopment Agency for $1.0 million to purchase Agency owned property located to the east of P/Q Streets and south of the B.N.S.F. railroad tracks for future City freeway right of way requirements. 2) Appropriate $1,000,000 proceeds from the sale of the land to the Southeast Redevelopment Project Area, Low-Mod Housing Fund for future land acquisition. (Ward 2) RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: The Redevelopment Agency holds fee simple title to approximately 5.5 acres of real property located to the east of P/Q Streets and south of the B.N.S.F. railroad tracks. The City has determined a need for a 1.95 acre linear strip portion of this property as right of way for the purpose of constructing the future Centennial Freeway. This property was acquired by the Agency in May, 2006 for the development of affordable multi-family housing units in the South Mill creek project. The funds to purchase the land will come from the Thomas Roads Improvement Program (TRIP) Transportation Development Local Match fund. The funds received from the sale of this property in the amount of $1.0 million will be used towards the purchase of adjacent replacement property required for the project. The purchase price of $1.0 million represents the fair market value by appraisal of the property and includes any and all claims by the Agency for compensation under this transaction. The Bakersfield Redevelopment Agency approved this agreement at their March 12, 2007 meeting. S:\Admins\City Council\City Council Admins 2007\City Purchase P.QStreets.doc 3/20/2007 3:08 PM ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: l~.+. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED vG V~ fJRIQ March 15, 2007 SUBJECT: City of Bakersfield v. North Kern Water Storage District, et al., City of Bakersfield v. Oi/dale Mutual Water Company, and City of Bakersfield v. City of Shatter. 1. Agreement with Duane Morris, LLP ($250,000) for outside legal services; 2. Agreement Clifford & Brown ($250,000) for outside legal services; 3. Appropriate $250,000 Ag Water Fund balance and $250,000 Domestic Water Fund balance to the Ag and Domestic Water operating budgets. RECOMMENDATION: Earlier this month, and at the direction of the City Council, the City Attorney filed three lawsuits at the Kern County Superior Court. The first lawsuit is against the City of Shatter, Oildale Mutual and several developers and alleges that the water supply assessment and verification approved by the Shatter City Council are deficient and do not comply with the California Environmental Quality Act. The 2nd lawsuit is against Oildale Mutual Water Company for processing, submitting and approving an insufficient water supply assessment and verification. The 3rd lawsuit is against North Kern Water Storage District, the City of Shatter and Oildale Mutual. It is a comprehensive lawsuit that seeks a binding judicial conclusion in order to resolve the fundamental question as to whether the 1952 Agreement allows agriculture water to be used for urban or residential purposes. The law firm of Duane Morris has represented the City of Bakersfield successfully in water related litigation for several years. Clifford & Brown has recently been assisting the City in water related matters and provides a local presence. Both firms are necessary to assist the City in pursuing the above captioned matters to a successful conclusion. GG:dllllsc S:\COUNCILlAdmins\06-07 AdminslAllyRtnrAg r.C&B&DuaneMorrisNKernOildale&Shafter.dot March 21 , 2007, 1 :57PM ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: 1.:1. Lt.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director DEPARTMENT HEAD i/rL. March 15, 2007 CITY ATTORNEY ~ CITY MANAGER U r:tb Cooperative Agreement with California Department of Transportation (Caltrans) to reconstruct the White Lane eastbound to State Route 99 southbound on-ramp (Ward 7). SUBJECT: RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: During the recent construction of the White Lane at State Route 99 Overcrossing Widening and Interchange Improvement project, it was discovered that some of the improvements could not be built to meet current Caltrans standards without modifications to the eastbound to southbound on-ramp. It is Caltrans' policy to reconstruct the entire on-ramp to meet current Caltrans standards if the ramp is modified by an improvement project. In late 2004, Caltrans agreed to an interim solution to allow a one year postponement of improvements to this ramp so that a proper design could be prepared. The City of Bakersfield adopted a resolution in December 2004 stating that the City would prepare a Capital Improvement Program project to reconstruct the southbound on-ramp. The City contracted T.Y. Lin International to prepare Plans, Specification and Estimates (PS&E) for the White Lane eastbound to State Route 99 southbound on-ramp. Now, the PS&E work for this project is complete and has been submitted to Caltrans for approval. This cooperative agreement outlines the responsibilities of the City and Caltrans regarding construction of the project. This agreement also provides initial documentation that is necessary to obtain an encroachment permit from Caltrans and to receive their approval to move forward with construction of the project. Staff has developed the following project schedule: Advertise for construction bids - Award Construction Contract - Construct Project - April - May 2007 June 2007 Fall 2007 Ngf-design March 19, 2007, 1:19PM G:\GROUPDAT\ADMINRPT\2007\03-28\White Lane at SR 99 Coop Agr.doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: I~.v. TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER March 13, 2007 SUBJECT: Cooperative Agreement with the State of California Department of Transportation ($15,000,000) to construct a new interchange on State Route 178 at Fairfax Road and extend State Route 178 to a four-lane freeway for 1.75 miles (Ward 3). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The State of California Department of Transportation (Caltrans) and the City of Bakersfield have been working together to prepare documents for the construction of a new interchange along State Route (SR) 178 at Fairfax Road. Included in this project is the extension of SR 178 to a four-lane freeway from 1.0 miles west to 0.75 miles east of Fairfax Road. Estimated construction and support costs for this project total $43,577,883. Caltrans will contribute the lump sum amount of $15,000,000 in State Transportation Improvement Program - Regional Improvement Program (STIP-RIP) funds towards the construction capital costs. The remaining balance will be funded by federal TRIP funds totaling $25,300,000 with the local match of $3,277,883 funded by traffic impact fees. This agreement outlines the responsibilities of both the City and Caltrans regarding construction of the project and is necessary to bid and award the project. Staff has developed the following project schedule: Advertise for construction bids- Award Construction Contract - Construct Project - April - May 2007 June 2007 August 2007 March 15, 2007, 2:01PM Tdw:C:\DOCUME-1 \glorenzi\LOCALS-1 \Temp\XPgrpwise\178 Fairfax Cooperative Agr(3).doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I~.w. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED /;..!/./< /' DEPARTMENT HEAD / J! t March 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Traffic Impact Fee Agreement with Lennar Homes of California, Inc. for improvements on Snow Road (estimated impact fee credit is $5,717,648.00). (Ward 4) RECOMMENDATION: Staff recommends approval of the agreement BACKGROUND: Lennar Homes of California is constructing several improvements on Snow Road between Jewetta and Norris that are eligible for Transportation Impact Fee credit: canal crossings at the Friant Kern Canal and at the Calloway Canal, and road improvements on Snow Road. The developer has requested that the transportation impact fee credit available from this improvement be applied to impact fees due on various tracts they are constructing as outlined in Exhibit "C". The available credit is estimated at $5,717,648.00. mps March 14, 2007, 4:07PM G:\GROUPDAl\ADMINRPT\2007\03-28\T6184 TIF Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \~.)(. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD D (, ff Dianne Hoover Director of Recreation & Parks DATE: March 12, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Buena Vista Ranch on South Allen Road and Hawksmoor Street. 0Nard 5) 1. Agreement with Centex Homes, A Nevada General Partnership, to Dedicate 1.70 net acres of real property, identified as Lot D, in Vesting Tentative Tract Map 6578, to the City for park purposes. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On October 5,2006 the Planning Commission approved Revised Vesting Tentative Tract 6578 located at the southeast corner of Allen Road and Pesinger Road. The tract approval generated a park land requirement of 1.70 net acres. Therefore, staff is requesting the approval of the agreement. March 15, 2007, 4:30PM S:\Park Tech Files\Admins 07\Dedication Buena Vista Ranch.doc ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \:l . \J . J TO: FROM: Honorable Mayor and City Council APPROVED Dianne Hoover Director of Recreation & Parks DATE: DEPARTMENT HEAD D L f+ CITY ATTORNEY ~ CITY MANAGER CIv!J Tradewinds Park on Tropicana Drive and Beach Rose Drive. (Ward 5) March 19, 2007 SUBJECT: 1. Agreement with Lennar Homes of California, Inc., to dedicate 2.08 net acres of property in Vesting Tentative Tract Map 6363-1 to the City for park purposes - acquisition ($549,100) and development ($610,000) of Tradewinds Park. 2. Appropriate $549,100 Park Development Fund balance from the Southwest Acquisition - Zone 1 to the Recreation and Parks Capital Improvement Project budget. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: On March 3, 2005, the Planning Commission approved Vesting Tentative Tract No. 6363, located on the north side of Harris Road approximately % mile east of Old River Road. The tract approval generated a park dedication of 2.08 net acres, and a reservation of 5.78 net acres to be purchased at $549,100, from the Park Improvement Fund for a total of 7.86 net acres of park land. The development agreement specifies that a sum not to exceed $610,000 be reimbursed to Lennar Homes from future park development fees collected within Vesting Tentative Tract No. 6363, 6167 and 6685 for development of the park site. Improvements will include amenities such as a child's playground, basketball court, turf and trees, and barbecues surrounded by a meandering sidewalk. Lennar Homes is developing homes near Tradewinds Park and will develop the park site. March 20, 2007,11:39AM S:\Park Tech Files\Admins 07\Dev&Acquisition of Tradewinds Park. doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: \:\ '2.. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED March 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Northcutt and Associates ($50,000) for consulting services for developing a final work program, preparing the Request for Proposal for the environmental document, and coordinating the update to the Metropolitan Bakersfield General Plan. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In April. 2006, Northcutt and Associates was contracted to prepare a work program and a Request for Proposals (RFPs) for the Metropolitan Bakersfield General Plan (MBGP) update. This work is almost completed and additional assistance will be required to coordinate the next phase of the process to update the Metropolitan Bakersfield General Plan. To continue to move forward, numerous activities are still necessary, including coordination of the citizen participation and outreach process, consultant selection for the MBGP, preparation of the RFP for the environmental document, and on-going coordination between the General Plan/EIR consultants and City and County staffs. Because of the complexity and sensitivity of these activities, expertise not available on staff is required. The Fiscal Year 2006/07 Capital Improvement Budget includes funding of $1,000,000 for updating the Metropolitan Bakersfield General Plan. This is a joint effort of the City of Bakersfield and Kern County and is funded by collecting developer fees to offset the cost of updating and maintaining the Metropolitan Bakersfield General Plan. March 15.2007, 2:11PM S:\Dana\admin\2007\Mar\3-28-Northcutt MBGP Update. doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: I~. a.(l. . TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager March 16, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No.2 to Agreement No. 03-099 with Aramark regarding con services at Convention Center and Arena. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: At the same time the City entered into the Management agreement for the Arena and Convention Center with SMG, the City entered into Agreement No. 03-099 with Aramark. That agreement involved the concessions service for the Arena. The agreement was amended in July, 2004, to allow Aramark to provide concession services at the Convention Center. To be consistent with the extension of the SMG agreement, this Amendment NO.2 will extend the term of the agreement with Aramark to June 30, 2013. In exchange for the contract extension, Aramark has agreed to provide a full-time, on-site general manager. Currently, Aramark pays the City 30% of the Gross Concessions Receipts from the Convention Center and 35 to 40% of the Gross Concessions Receipts from the Arena. This amendment will increase the percentage to 45% of the Gross Concessions Receipts which exceed $2 million. March 16. 2007, 11 :47AM S:\COUNCIL \Admins\06-07 Admins\aramarkextension.doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: Id. bb- Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Iii !Jm4 CI!b TO: FROM: Honorable Mayor and City Council DATE: March 15, 2007 SUBJECT: Contract Change Order NO.1 to Agreement 07-023 with Masonary contractor Installers, Inc. ($22,351.00 increase for a revised not to exceed amount of $341,351.00) for 1600 Truxtun Avenue Improvements of Thin Brick Exterior Fascia (Ward 1). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the repair of the thin brick fascia at 1600 Truxtun Avenue. During the brick repair process, it was discovered that caulking around the windows on the first floor has deteriorated. This deterioration is allowing moisture and other elements to enter the building. The contractor has agreed to remove and replace this calking for the lump sum price of $22,351.00. This is the First contract change order to be submitted for this project. This change order will increase the project total by $22,351.00 (which is an increase of 7% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $319,000.00 $341,351.00 $ 22,351.00 . = = Sufficient funds are budgeted to cover this contract change order. G:\GAOUPDAT\ADMINAP1\2007\03-28\CCO 1 -1600 Truxtun Brick Fascia.doc AM ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \c;}. c.c.... TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED March 16, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Annual Contract for Water Meters. (Citywide) 1. Accept bid and award contract to Badger Meters (not to exceed $130,000) for the annual contract - water meters. 2. Accept bid and award contract to Measurement Control Systems (not to exceed $350,000) for the annual contract - water meters. RECOMMENDATION: Staff recommends acceptance of the bids, award of the contracts and authorization for staff to renew the agreements annually for four (4) consecutive one year periods upon mutually agreeable terms. BACKGROUND: Invitations to Bid were sent to forty-three (43) suppliers for the Annual Contract for Water Meters for the Water Resources Department. Three (3) bids were received in response to solicitation. The bids submitted by the suppliers are based on the City's estimated quantity of items to be purchased multiplied by the supplier's unit prices. The actual budget available for the work is $480,000. Recommendation for award has been split between the suppliers based on providing small water meters (2" or less) for single-family residential and large water meters (3" or greater). The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split based on unit pricing as follows: Badger Meters Milwaukee, Wisconsin AMOUNT $573,981.62 ITEMS AWARDED BIDDER Water meters 3" or greater in size Water meter strainers Measurement Control Systems Santa Ana, California $586,936.94 Water meters 2" or less in size Hersey Meters Company, LLC Cleveland, North Carolina $726,116.50 (Bid Abstract Attached) Purchasing Division OW S:\PURCH\ADMIN\AC Water Meters. Badger Meters and Measurement Control Systems, 06-07-74, March 28, 2007.doc Created on 3/16/2007 9:49:00 AM ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: lJ .dd. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ;I"V'~ CITY ATTORNEY 91- CITY MANAGER (7 ~ Nelson K. Smith, Finance Director March 16, 2007 SUBJECT: Accept bid and award contract to Pavement Recycling Systems, Inc. (not to exceed $1,200,000) for the annual contract for cold planing. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid, award of contract and authorization for staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms. BACKGROUND: Invitations to bid were sent to over one hundred (100) contractors for the Annual Contract for Cold Planing for the Public Works Department Streets Division. One (1) bid in the amount of $862,500 was received from Pavement Recycling Systems, Inc. The bid is based on an estimated quantity of work to be done multiplied by the contractor's unit prices. The actual budget available for the work is $1,200,000. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Purchasing Division staff contacted the prospective contractors to determine why they did not submit a bid and the memo is attached for review. Staff finds the bid to be acceptable and recommends award to Pavement Recycling Systems, Inc. (Memo Attached) Purchasing Division OW S:\PURCHIADMINIAC Cold Planing, 06-07-75, Pavement Recycling Systems, Inc., March 28, 2007.doc Created on 3/16/20079:09:00 AM ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Consent Calendar ITEM: IJ. ee... DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adopt as Council Policy a Letter from the City Manager to the Kern Council of Gov6rnments Board of Directors Regarding STIP Augmentation Funds TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager March 16, 2007 APPROVED RECOMMENDATION: Staff recommends adoption of the attached letter as Council policy. BACKGROUND: The State Transportation Improvement Program (STIP) has more money than is normal this year due to the passage of the State bond issues. It is possible that projects with environmental approval, such as the Westside Parkway, can get more money that the normal funding cycle allows. At the Kern Council of Governments (Kern COG) meeting of March 15, 2007, the Board of Directors approved submittal to the CTC (California Transportation Commission) of a package of projects that includes $170 million for the Westside Parkway. Combined with what has already been reserved, that is full funding. Because the increase in funds, or potential windfall, is an advance which comes out of future STIP allocations, it was necessary to provide assurance of cooperation with the Kern COG members about future allocations in order to bring about approval of the plan to go after the $170 million. The attached letter from the City Manager to the Kern COG Board was a product of negotiations that was formulated and assisted by Vice Mayor Hanson and Council member Scrivner. For $114 million more than we would normally receive, we needed to commit to moving $22.5 million in TRIP funds to the ih Standard Road project. We also pledged to be fair in future STIP cycles by cooperating with other Kern COG members to phase their projects with the final stages of the Westside Parkway, where applicable. Reallocating the $22.5 million to obtain $114 million is a deal staff would recommend anytime! If the windfall is not received, the $22.5 million does not require reallocation. This is a great effort to get full funding and a very strong act of cooperation among all Kern COG members. After this action, we need to dedicate our efforts to obtaining CTC approval. March 16. 2007. 11:10AM S:\Admin Rpts\2007\STIP Augmentation 032807.dot AT:al ADMINISTRATIVE REPORT MEETING DATE: March 28, 2007 TO: FROM: DATE: Honorable Mayor and City Council APPROVED Javier Lozano, Human Resources Manager~' DEPARTMENT HEAD March 13,2007 CITY ATTORNEY CITY MANAGER SUBJECT: Reclassification of Secretary II to Deputy City Clerk in the City Clerk's Office RECOMMENDATION: Staff recommends approval. BACKGROUND: Pam McCarthy, City Clerk has requested the reclassification of the Secretary II position in her office to Deputy City Clerk Historically, this position has been classified as a Deputy City Clerk. However, due to staffing changes, this position was filled with a Secretary II. The incumbent has been performing Deputy City Clerk duties for the past two years. These duties include preparation of City Council hearings, City Council referrals, and City Council agendas and minutes. This Secretary 1\ also attends City Council meetings and administrative hearings when assigned. In addition, the incumbent is currently attending technical training/education classes as a public official in order to obtain a Certified Municipal Clerk (CMC) certification. There will be no budgetary impact as the Secretary II salary level is equivalent to Deputy City Clerk. Alan Tandy, City Manager and Javier Lozano, Human Resources Manager both have approved this action. The reclassification will be presented to the Miscellaneous Civil Service Board at their March 20, 2007 meeting. (mp) S:\Admin Reports - 2007\Deputy City Clerk\Reclass - See II to Deputy City Clerk_1.doc ADMINISTRATIVE REPORT MEETING DATE: March 28,2007 AGENDA SECTION: Hearings ITEM: I~.f]. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED March 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (Proposed 3.3% increase based upon Construction Cost Index) (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following is the Public Works Director's annual report to the City Council with updated, new, or additional information regarding the fee amount collected for the development of parks within the City. Staff recommends increasing the current $1,510 per dwelling unit fee to $1,560 per dwelling unit (3.3% increase). This increase is based entirely on the rise in the Construction Cost Index (CCI). Parks staff has reviewed the cost components of the park development fee, and other than the CCI, no other changes are recommended. The park development fee was last adjusted in March, 2006. Informational notices were mailed to the Building Industry Association (BIA), American Institute of Architects, and North Bakersfield Recreation and Parks District. G:\GROUPDA T\Georgina\Park Development Fees\2007\Park Dev Fee Admin.doc REPORT MEETING DATE: March 28, 2007 AGENDA SECTION: Hearings ITEM: ILt. b. APPROVED TO: Honorable Mayor and City Council DATE March 16, 2007 CITY ATTORNEY CITY MANAGER DEPARTMENT HEAD FROM: Nelson Smith, Finance Director SUBJECT: Public Hearing to Consider Fees & Charges Pursuant to the Cost Recovery System. RECOMMENDATION: Staff recommends adoption of the Resolution following the Public Hearing. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code. The City's review process includes a complete and thorough review of all fees every two years to check assumptions for labor costs, materials usage, etc. Every other year staff proposes fees to be increased by a standard Consumer Price Index (CPI) factor. Staff last performed the complete review in 2005 and Council adopted the recommended fee changes at the July 20, 2005 Council meeting. During the last comprehensive review process (July 2005), Public Works staff identified eleven fees warranting a fee increase greater than the CPI factor. Comments were received by the Building Industry Association regarding these fees. After reviewing each of the eleven fees individually, the Budget and Finance Committee recommended to leave the following six fees at their current level until further analysis: Final Tract Maps, Grading Plan Review, Lot Line Adjustment I Owner Initiated Parcel Merger, Parcel Map Wavier, Right of Way Vacation, and Street Encroachment Permit. Increases to the six fees listed above are included in this proposed Master Fee Schedule. Development related fees have been reviewed by the Home Builder's Association, formerly know as the Building Industry Association (BIA), and they have taken a neutral position on the proposed fee increases. The Development Services Department is proposing some new fees to recover costs for services currently funded by the General Fund. The following is a summary of restructured fees, adjustments to existing fees over the CPI Index for 2006 (4%), and new fees being proposed. 2007 Cost Recovery Proaram Update Exhibit "A" Proposed Master Fee Schedule for 2007: The attached schedule is a comprehensive list of all fees authorized under the cost recovery program. Exhibit "B" Proposed Master Fee Schedule for 2007: Changes Only: The attached schedule is a summary list of services that staff is proposing to be changed or modified to recover the actual cost of providing the service. Page 2 ADMINISTRATIVE RESTRUCTURED FEES REPORT A - INSPECTION FEES & SERVICES A-4 Special Residential and Commercial Construction (DVS) - Expedite Plan Review Fee - Residential $ 60/hr A-4 Special Residential and Commercial Construction (DVS) - Expedite Plan Review Fee - Commercial $ 70/hr The current fee is $45/hr. The Expedite Plan Review Fee is proposed to change from one fee into two separate fees; Residential and Commercial. Expedited Residential plans require a minimum of six hours and involve a Residential Plan Checker. Expedited Commercial plans generally involve a Civil Engineer, a Plumbing & Mechanical Specialist, and an Electrical Specialist. 8 - LAND USE REVIEW / PERMITS 8-23 Fire Suppression - Permit Processing and Plan Review (FIRE) - Plan Reviews - Sprinkler Systems Minimum Fee of $140 + 1.4% per sq ft in excess of 10,000 sq ft - Re-inspection Fee $ 96/hr The current fee is based on a 40% of the Planned Inspection Value (P.I.) for Sprinkler Systems. The fee proposed is a new method for the Sprinkler Plan Reviews to recover actual costs for providing the service. - Plan Reviews - Fire Alarm Systems Minimum Fee of $140 + 1.4% per sq ft in excess of 10,000 sq ft - Re-inspection Fee $ 96/hr The current fee is based on a 75% of the Planned Inspection Value (P.I.) for Fire Alarm Systems. The fee proposed is a new method for the Fire Alarm System Plan Reviews to recover actual costs for providing the service. - Plan Reviews - Commercial Hood Vent Minimum Fee of $ 235 - Each additional hood vent inspection $ 58 - Re-inspection Fee $ 96/hr The current fee is based on a 125% of the Planned Inspection Value (P.I.) for Commercial Hood Vent. The fee proposed is a new method for Commercial Hood Vent to recover actual costs for providing the service. - Plan Reviews - Standpipe System Inspection Fee of $ 96 The current fee is based on a 40% of the Planned Inspection Value (P.I.) for Sprinkler Systems. The fee proposed is a new method for the Sprinkler Plan Reviews to recover actual costs for providing the service. 8-26 Minor Land Division Review (PW) - Right of Way Vacation (Non-Summary Vacation) $ 1,380 The current fee is a Base Fee of $1,235, plus time and materials over the Base Fee to supply this service. The proposed fee is a flat fee. Although the base fee is increasing by $145, it includes a Public Hearing Notice Fee of $285. Instead of charging the Notice Fee as a separate fee, it is being included in the base fee, so the total charge for the service is decreasing by $140. - Right of Way Vacation (Summary Vacation Only) $ 850 The current fee is $1,235. The process to provide this service has been streamlined thus decreasing the amount of the fee by $385. Page 3 ADMINISTRATIVE REPORT B-32 Appeal Processing (DVS) - Legal Advertising Fee $ 285 The current fee is $338. The process to provide this service has been streamlined thus decreasing the amount of the fee by $53. B-37 Map & Improvement Plan Checking (PW) - Final Parcel Maps $ 690 + $ 31/ Lot The current fee is a flat fee of $1,460. The proposed fee is to be charged the same as Final Tract Maps. Since the basic process to provide the service for Parcel Maps is the same as Tract Maps, staff recommends the fees be consistent. - Final Tract Maps $ 690 + $ 31 / Lot The current fee is $600 + $29/lot. The process for providing this service has only a minimal increase of $2110t. Although the base fee is increasing by $90, it includes a Substantial Conformity Review fee of $110. Instead of charging the Review fee as a separate fee, it is being included in the base fee, thus the overall cost is decreasing by $20. - Maintenance District Fees Staff is proposing to move Maintenance District Fees from Cost Center A-6 Public Improvement Inspection to 8-37 Map & Improvement Plan Checking to better match the purpose of the fee with the structure of the fee schedule. C - PUBLIC INFORMATION SERVICES C-53 Police Photograph Copy (PD) - First Print $ 10 - Additional Prints (4x5), (5x7), (8x10) $ 0.50 The current fee is for the First Print $7, additional4x5 are $5, additional5x7 are $6, and additional 8x10 are $7. The reason for the decrease in the fee is because the Police Department purchased a Digital Photo Printing Center. There is increased time in the initial finding of the first print, which is the reason for the increase; however, all additional prints are only $0.50. D - PUBLIC SAFETY D-61 Business Regulation (PD) - Retail Sales of Firearms Permit $ 41 The current fee is $57. The fee is decreasing by $16 as a result of streamlining the process and utilizing more civilian employees to complete these services rather than Sworn Police Officers. - Motion Picture Permit $ 72 The current fee is $170. The fee is decreasing by $98 as a result of streamlining the process and utilizing more civilian employees to complete these services rather than Sworn Police Officers. F - MISCELLANEOUS FEES F-90 Hearings and Appeals (CITY CLERK) - Appeal with Mailed Notice & Publication $ 0 The current fee is $334. This fee is no longer being charged. Any Mailed Notice, Publication, or Advertising costs will be recovered by charging the Legal Advertising Fee of $285 from the 8-32 service center. Page 4 ADMINISTRA TIVE INCREASES TO FEES OVER THE CPIINDEX FOR 2006 REPORT A - INSPECTION FEES & SERVICES A-1 New Residential and Commercial Construction (DVS) - Minimum Fee $ 50 A-2 Residential Addition, Alteration, Remodel or Repair (DVS) - Minimum Fee $ 50 A-3 Commercial Addition, Alteration, Remodel or Repair (DVS) - Minimum Fee $ 50 The current minimum fee is $40. This fee is proposed to recover the actual costs of providing this service of the plan check and inspection process. These fees have not been increased since the late 90's. These fees generally apply to remodel or repairs as opposed to new home construction. A-7 Street Encroachment Inspection (PW) - Street Encroachment Permit $ 200 The current fee is $150. The fee is proposed to recover the actual costs of providing this service. This fee has not been increased in the last two years. A-8 State-Mandated Fire Inspection (FIRE) -Inspection Fees $ 96/hr A-9 Oil Well Inspection (Annual) (FIRE) - Inspection Fees $ 96/hr A-10 Fire Safety Review /Inspection (FIRE) -Inspection Fees $ 96/hr The current inspection fee is $93/hr. The fee is proposed to recover the actual costs of providing this service. B - LAND USE REVIEW / PERMITS B-26 Minor Land Division Review (PW) - Lot Line Adjustment $ 1,000 The current fee is $902. The fee is proposed to recover the actual costs of providing this service. - Parcel Map Waiver $ 1,600 The current fee is $902. A Parcel Map Waiver is used to create new lots on property which have previously installed improvements. In reviewing the historical costs to provide this service, actual costs were not being recovered. However, the proposed fee for the waiver process is only 37% of the total costs for the complete Parcel Map process. - Owner Initiated Parcel Merger $ 1,000 The current fee is $902. The fee is proposed to recover the actual costs of providing this service. - Certificates of Compliance $ 1,000 The current fee is $970. The fee is proposed to recover the actual costs of providing this service. B-37 Map & Improvement Plan Checking (PW) - Maintenance District Fees - No Computer Disc Provided $2,270 + $16.30 / Lot The current fee is $1,700 + $13.65/lot. The fee is proposed to recover the actual costs of providing this service. This fee includes a County Clerk Filing Fee of $50 which is included in the base fee. - Computer Disc Provided $1,740 + $3.20/ Lot The current fee is $1,575 + $3. 15/lot. The fee is proposed to recover the actual costs of providing this service. This fee includes a County Clerk Filing Fee of $50 which is included in the base fee. When the applicant provides a CD with the necessary information, less staff time is needed for verification. Page 5 ADMINISTRATIVE REPORT D - PUBLIC SAFETY D-61 Business Regulation (PD) - Adult Entertainment - New Application $ 664 - Annual Renewal Permit $1,925 The current fees are $487 for a New Application and $1,388 for the Annual Renewal Permit. The fee is proposed to recover the actual costs of providing this service. The increase is caused by the rise in costs of enforcement and personnel involved in the regulation of these activities. - Escort I Dating Services - New Application $ 362 - Annual Renewal Permit $ 173 The current fees are $282 for a New Application and $135 for the Annual Renewal Permit. The fee is proposed to recover the actual costs of providing this service. The increase is caused by the rise in costs of enforcement and personnel involved in the regulation of these activities. - Card Rooms - New Application $ 889 - Annual Renewal Permit $1,840 The current fees are $666 for a New Application and $1,388 for the Annual Renewal Permit. The fee is proposed to recover the actual costs of providing this service. The increase is caused by the rise in costs of enforcement and personnel involved in the regulation of these activities. E - RECREATION I CULTURAL E-82 Park Facility Rental (P&R) - Miscellaneous Park Services - Resident - Alcohol Permits - With Facility Reservation (Non Refundable) $ 15 - Without Facility Reservation (Non Refundable) $ 25 The current fee is $4 for with and $10 without a Facility Reservation. The fee is proposed to recover the actual costs of providing this service. - Miscellaneous Park Services - Non-Resident - Alcohol Permits - With Facility Reservation (Non Refundable) $ 15 - Without Facility Reservation (Non Refundable) $ 25 The current fee is $4 for with and $12 without a Facility Reservation. The fee is proposed to recover the actual costs of providing this service. E-83 Recreation Center Rental (P&R) - MLK Park - Large Room Rental - Non-Profit $ 35 The current fee is $21. The fee is proposed to recover the actual costs of providing this service. Both meeting rooms (Small and Large) are currently being charged the Small Room Rental rate; however, the costs for prep and clean-up for the Large Room is substantially higher than the Small Room. - Large Room Rental - Private $ 50 The current fee is $31. The fee is proposed to recover the actual costs of providing this service. Both meeting rooms (Small and Large) are currently being charged the Small Room Rental rate; however, the costs for prep and clean-up for the Large Room is substantially higher than the Small Room. Page 6 ADMINISTRA TIVE REPORT - Silver Creek Park - Table and Chair Setup - Non-Profit $ 50 The current fee is $37. The fee is proposed to recover the actual costs of providing this service, when requested. - Table and Chair Setup - Private $ 75 The current fee is $52. The fee is proposed to recover the actual costs of providing this service, when requested. E-84 City Adult Programs and Activities (P&R) - Adult Basketball wi Officials - City League - Charge per Team $ 495 The current fee is $361. The fee is proposed to recover the actual costs of providing this service. The increase is due to the rising cost of officials. - Adult Indoor Volleyball wi Officials $ 300 The current fee is $206. This program has not been actively used for several years and the fee has not been reviewed for awhile. Staff has received requests to reactivate this program so adults can play organized indoor volleyball. - Adult Outdoor Volleyball wi Officials $ 300 The current fee is $206. This program has not been actively used for several years and the fee has not been reviewed for awhile. Staff has received requests to reactivate this program so adults can play organized outdoor sand volleyball. E-85 City Youth Programs and Activities (P&R) - Youth Flag Football $ 40 The current fee is $26. The fee is proposed to recover approximately 50% of actual costs. - Youth Softball $ 40 The current fee is $21. The fee is proposed to recover approximately 50% of actual costs. - Youth Tee Ball $ 45 The current fee is $31. The fee is proposed to recover approximately 50% of actual costs. - Pee Wee Sports $ 35 The current fee is $21. The fee is proposed to recover approximately 50% of actual costs. F - MISCELLANEOUS FEES F-90 Hearings and Appeals (CITY CLERK) - Appeal (Other than Planning) $ 390 The current fee is $101. The fee is proposed to recover the actual costs of providing this service. These fees have not been increased since the late 90's. NEW FEES A - INSPECTION FEES & SERVICES A-5 Street Cut Inspection (PW) - Cancellation Fee $ 85 Staff recommends the establishment of a new fee. The Cancellation Fee of $85 is for recovering actual costs incurred when an applicant cancels the Street Cut Permit process after work has already begun. - Amendment I Rider Fee $ 20 Staff recommends the establishment of a new fee. The Amendment I Rider Fee is to record any changes to an existing permit in adding or increasing work to be performed. The fee of $20 is recovering actual costs associated with amending or changing Street Permits. Page 7 ADMINISTRATIVE REPORT B - lAND USE REVIEW / PERMITS B-20 Conditions of Approval/Compliance Fee (DVS) - Phase I - Planning Permit Process $ 330 - Phase II - Building Permit Process $ 40 Staff recommends the creation of a new Cost Service Center. This Service Center will recover actual costs associated with developments that have special approval conditions which are unique to particular projects, Le. Specific Plans, PUDs, and PCDs. Costs associated with these projects were not recovered in previous years. Staff must verify compliance with the conditions of the project in both the Planning and Building Divisions. B-37 Map & Improvement Plan Checking (PW) - Specific Plan Conformance $ 235 Staff recommends the establishment of a new fee. The Specific Plan Conformance Fee of $235 is for recovering actual costs associated with the verification of conformity to Specific Plan Standards. B-45 Public Hearing Notice Requirements (DVS) - Project Site Sign Posting $ 70 Staff recommends the establishment of a new fee. The Inspecting Project Site Sign Posting of $70 is to recover the actual inspection costs of sign posted on a construction site which informs the public what is being constructed. E - RECREATION / CULTURAL E-83 Recreation Center Rental (P&R) - MlK Park - Table and Chair Setup - Non-Profit $ 50 - Table and Chair Setup - Private $ 75 Staff recommends the establishment of a new fee. The Table and Chair Setup fee of $50 for Non- Profit and $75 for Private is to recover the actual costs of providing this service. This service is already established and being charged/performed at the Silver Creek Park. A number of requests have been submitted to provide this service to the MLK Park. E-86 Aquatic Programs - Recreational Swimming (P&R) - Swim Clinic $ 100 Staff recommends the establishment of a new fee. The Swim Clinic fee of $100 is to recover actual costs in providing classes which are open to high school students to get a jump start on the competition season by getting in shape and working on their stroke techniques before the official season begins. F - MISCEllANEOUS FEES F-92 Document Imaging (DVS) - large Document Imaging (Planning) - 00 thru 50 Pages - 51 thru 100 Pages - 101 thru 200 Pages - 201 thru 300 Pages - 301 and Greater Pages No charge $15 $ 30 $45 $ 60 Staff recommends the establishment of a new fee. The Large Document Imaging fee is to recover actual costs in providing the service of scanning, imaging, and indexing large documents associated with development activities. Page 8 ADMINISTRATIVE REPORT The Master Fee Schedule is to be adopted by resolution following a public hearing. Non- development related fees are proposed to be effective on April 1 , 2007, while Parks and Recreation fees would be effective on April 30, 2007. Development Services fees require a sixty day waiting period and would become effective on June 1, 2007. BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 14,2007 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 Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS a. Michael Turnipseed spoke regarding the T.R.I.P. Project and funding of the project in light of the failure of the ~ Cent Sales Tax Initiative to pass in the November election. 3. WORKSHOPS a. Status Report on Thomas Roads Improvement Program (TRIP). City Manger Tandy, Public Works Director Rojas and T.R.I.P. Manager Wright gave a computer presentation and provided written material. Councilmember Couch requested staff provide a letter to the members of KernCOG reassuring them that the City of Bakersfield is interested in procuring as much money as possible for our region, but not at the expense of other KernCOG communities, and that the City is willing to work with the other members to achieve that end. Councilmember Weir requested a narrative of the process involved in the awarding of the T. R.I. P. funds; what the local obligation is to the federal government due to these proceeds, and how the City has obligated itself to the federal government in order to receive the funds. Bakersfield, California, March 14, 2007 - Page 2 4. CLOSED SESSION ACTION TAKEN a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Wanda Grant, et al v City, et al. Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 6:00 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:14 p.m. APPROVED RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Scrivner Absent: Sullivan, Couch 6. INVOCATION by Chaplain Gary Bashor, Rosewood Retirement Community. 7. PLEDGE OF ALLEGIANCE by Benjamin Klein, 5th Grade Student at Columbia Elementary School. Mayor Hall acknowledged Bakersfield College and Ridgeview High School government classes in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Wanda Grant, et al v City, et al. 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. Wilbur Suesberry, President of Kern County Medical Society, and Mrs. Joel Cohen, President of Kern County Medical Society Alliance, proclaiming March 30, 2007, as Doctor's Day. Dr. Suesberry accepted the Proclamation and made comments. Bakersfield, California, March 14, 2007 - Page 3 9. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 12-16, 2007, as Adult Education Week. Nancy Williams, Program Administrator, accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS a. Nick Northrop, Paige Tucker and Alexandra Maxwell spoke regarding the Mayor's Youth Council. b. Marvin Dean spoke regarding the T.R.I.P. Project, small business and minority contractors, and provided written material. Councilmember Carson requested staff arrange informational meetings with T.R.I.P. and the Kern County Minority Contractors Association. 11. APPOINTMENTS a. Vice-Mayor Appointments to Kern Economic Development Corporation (KEDC), Local Agency Formation Commission (LAFCO) Alternate and Kern COG for 2007-2008. Motion by Vice-Mayor Hanson to appoint EDCD Director Kunz to serve as the City representative on the Kern Economic Development Corporation. APPROVED AS COUCH, SULLIVAN Motion y Vice-Mayor Hanson to appoint himself as the alternate to LAFCO. APPROVED AS COUCH, SULLIVAN Motion by Vice-Mayor Hanson to appoint himself as the alternate to KernCOG and to move the effective date of Councilmember Scrivner's appointment to KernCOG to March 15, 2007. APPROVED AS COUCH, SULLIVAN 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 28, 2007 Regular City Council Meeting. 12. Bakersfield, California, March 14, 2007 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Payments: b. Approval of department payments from February 16, 2007 to March 1, 2007 in the amount of $11,139,682.08 and self-insurance payments from February 16, 2007 to March 1, 2007 in the amount of $208,850.08. ASS WEIR Ordinances: c. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 123-2) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-O PCD (Professional and Administrative Office-Planned Commercial Development) on .86 acres located at the northwest corner of S. Real Road & Elcia Drive. (ZC 06-2038) (Applicant: Stephen Hawkins P.E.I Property Owner: Gartner Family Trust) Adoption of Ordinance amending Section 17.06.020 (Zone Map 124-16) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40 acres located on the northwest corner of E. White Lane & Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner: Cottonwood Villas) ORD 4410 FR d. e. Adoption of Ordinance amending Section 17.06.020 (Zone Map 103-13) of the Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling-Church Overlay) to R-1 (One Family Dwelling) on .66 acre located on the south side of Paladino Avenue approximately % mile west of Morning Drive. (ZC 06-1931) (Applicant: Thomas D. Sholin/Property Owner: Paladino West, LLC) ORD 4411 12. Bakersfield, California, March 14, 2007 - Page 5 CONSENT CALENDAR continued f. Adoption of Ordinance amending Municipal Code Sections 1.12.010, 1.12.030, 1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 481 consisting of 127.39 acres located south of Panama Lane, east of S. Union Avenue and Annexation No. 524 consisting of .24 acres located east of Hughes Lane, south of Highway 58 to Ward 1; Annexation No. 541 consisting of 6.67 acres located near entrance to Kern River Golf Course, near Lake Ming Road & Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres located south of Panama Lane, generally east & west of Buena Vista Road, Annexation No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation No. 518 consisting of 2081.80 acres located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation No. 527 consisting of 81.06 acres located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation No. 534 consisting of .72 acres located north of Belle Terrace, south of Blomquist, east of McDonald Way to Ward 6. g. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 124-16 & 124-28) by changing the zoning from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres located at the southwest corner of E. Planz Road & Washington Street (future) and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres located at the southeast corner of Cottonwood Road & E. Berkshire Road (future). (GPA/ZC 06-2022) (Applicant: Mel Heinemann/Property Owners: Mel Heinemann, Jack & Nuha Haddad, City) ACTION TAKEN ORD4412 ASS WEIR ORD 4413 Bakersfield, California, March 14, 2007 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN h. Adoption of Ordinance approving the Negative ORD 4414 Declaration and amending Title 17 of the Municipal Code (Zone Map 122-24) by changing zoning from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres located at the northeast corner of Panama Lane & S. Allen Road (GPA/ZC 06-0925) (Applicant: Mcintosh & Assoc/Property Owners: John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr. Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr.) i. Adoption of Ordinance approving the Negative ORD 4415 Declaration and amending Title 17 of the Municipal Code (Zone Map Nos. 104-17 & 104-20) by changing the zoning from C-2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 37.74 acres and R-1 (One Family Dwelling) to R-2/PUD on 9.51 acres located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive & west of Canteria Drive. (GPA/ZC 06-0940) (Applicant: Mcintosh & Assoc/Property Owner: Mountain View Bravo, LLC) j. Adoption of Ordinance approving the Negative ORD4416 Declaration and amending Title 17 of the Municipal Code (Zone Map 103-22) by changing the zoning from PUD (Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 5 acres and R-1-CH (One Family Dwelling/Church Combining) to R-2 on one acre located along the north side of Bernard Street approximately 900 feet west of Oswell Street. (GPA/ZC 06-0668) (Applicant: Joseph Gergen/Property Owner: Church of Christ of East Bakersfield) k. Adoption of Ordinance approving the Negative ORD 4417 Declaration and amending Title 17 of the Municipal Code (Zone Map 104-18) by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 10 acres located on the west side of Vineland Road, north & south of Panorama Drive. (GPA/ZC 06-0544) (Applicant: Third Day Investments Group/Property Owners: Third Day Investments Group, Roger C. Alfred, Michael Hawkins, Iva Hawkins, Dark Investments, LLC, RAM Financial Services, Inc.) Bakersfield, California, March 14, 2007 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN I. Adoption of Ordinance amending Title 17 of the ORD4418 Municipal Code (Zone Map 104-21) by changing the zoning from RH (Residential Holding) to R-1/PUD (One Family Dwelling/ Planned Unit Development) on 217 acres, R-2/PUD (One Family Dwelling/Planned Unit Development) on 326 acres and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 91 acres located east of Kern Canyon Road (Highway 184), approximately 1 V:1 miles north of Breckenridge Road, between the future extension of Edison Road on the west and Comanche Drive to the east. (GPA/ZC 06-0961) (Applicant: Sikand Engineering/ Property Owners: Sky 21, LLC and Northeast 21 Ventures, LLC) m. Adoption of Ordinance approving the Negative ORD4419 Declaration and amending Title 17 of the Municipal Code (Zone Map 104-07) by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture- Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 20.5 acres located on the north side of Morning Drive approximately ;4 mile north of the Paladino Drive/Morning Drive intersection. (GPA/ZC 06-1018) (Applicant/Property Owner: Cal-Kern Development III, LLC) n. Adoption of Ordinance approving the Negative ORD 4420 Declaration and amending Title 17 of the Municipal Code (Zone Map 102-05) by changing the zoning from E (Estate Residential) to R-1 (One Family Dwelling) on 39.41 acres located on the north side of Etchart Road, between Calloway Drive and Coffee Road. (GPA/ZC 06-1692) (Applicant: Adavco, Inc./Property Owner: Bidart Brothers, LLC) o. Adoption of Ordinance approving the Negative ORD 4421 Declaration and amending Title 17 of the Municipal Code (Zone Map 123-31) by changing the zoning from A (Exclusive Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 16.5 acres and C-O (Professional and Administrative Office) on 5 acres generally located at the northeast corner of Taft Highway and Buena Vista Road. (GPA/ZC 06-0535) (Applicant: Dave Dmohowski/Property Owner: John Bianchi) 12. Bakersfield, California, March 14, 2007 - Page 8 CONSENT CALENDAR continued p. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 142-03) by changing the zoning from R-S-20A (Residential Suburban-20 acres minimum) to R-2 (Limited Multiple Family Dwelling) on 20 acres located at the southeast corner of Taft Highway and Ashe Road. (GPA/ZC 06-0938) (Applicant: Mcintosh & Assoc for Centex Homes/Property Owner: Tommye Joe Baroncini) q. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 101-23) by changing the zoning from County A (Agriculture) to E (Estate) on 11.54 acres and R-1-CH (One Family Dwelling/Church) on 8.46 acres located along the north side of Rosedale Hwy. approximately 660 feet west of Allen Road. (GPA/ZC 06-1037) (Applicant: Cornerstone Engineering/Property Owner: Christ Cathedral Church) r. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 123-29) by changing the zoning from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 99.5 acres generally located north of McCutchen Rd. between Old River Rd, to the west & Progress Rd. to the east. (GPA/ZC 06- 1014) (Applicant: Lusich Company/Property Owner: Old River Road, LLC) Resolutions: s. Resolution appointing Agent to represent the City in filing claims with the California Office of Emergency Services. t. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 565 consisting of 91.65 acres located north of Etchart Road, west of the Beardsley Canal. ACTION TAKEN ORD 4422 ORD 4423 ORD 4424 RES 047-07 RES 048-07 Bakersfield, California, March 14, 2007 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN u. Resolutions adding the following territories 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. 1. Area 3-64 (Panama, Buena Vista SW) RES 049-07 2. Area 3-65 (Hughes, McKee SW) RES 050-07 3. Area 4-71 (Edison, Chase) RES 051-07 4. Area 5-33 (Belle Terrace, Madison SE) RES 052-07 v. Resolution of Intention No. 1513 to add territory, ROl1513 Area 3-45 (Panama, Buena Vista SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1514 to add territory, ROl1514 Area 1-68 (Patton, Meany SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1517 to add territory, ROl1517 x. Area 4-48 (College, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. y. Resolution of Intention No. 1518 to add territory, ROl1518 Area 4-72 (Paladino, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. z. Resolution of Intention No. 1519 to add territory, ROl1519 Area 4-73 (Mira Monte, 178 SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. aa. Resolution of Intention No. 1520 to add territory, ROl1520 Area 4-74 (Mt. Vernon, Columbus SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Bakersfield, California, March 14, 2007 - Page 10 ACTION TAKEN 12. CONSENT CALENDAR continued Resolution of Intention No. 1522 to add territory, Area 5-34 (Panama, Madison S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. cc. Revised Job Specification and change to Salary Schedule: bb. Agreements: RO/1522 Amendment NO.5 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 Special Projects Manager. 2. Revised job specification and title change from Special Events Manager to Special Projects Manager. RES 078-06(5) 1. dd. Tract Maps and Improvement Agreements: ee. Final Map and Improvement Agreements with Centex Homes for Tract 6578 Units 1 & 2 located at the southeast corner of Pensinger Road and S. Allen Road. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6685 located at the southeast corner of Harris Road and Old River Road. Agreement with Lim & Nascimento Engineering Corporation ($992,050) for construction management of the Allen Road Bridge over the Kern River construction project. AGR 07-072 AGR 07-073 AGR 07-074 AGR 07-075 1. 2. AGR 07-076 AGR 07-077 AGR 07-078 ff. Voice Communication System: Agreement with Plan Net Consulting, LLC ($194,130) for consulting services for a voice communication system to replace the current phone system. 2. Transfer $195,000 from Public Works Department Capital Improvement Project (Corporation Yard Building C Addition) within the Capital Outlay Fund to fund this agreement. AGR 07-079 1. Bakersfield, California, March 14, 2007 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN gg. Agreement with Avetik and Nazeli Cholakian AGR 07-080 ($65,600) to purchase real property located at DEED 6642 the northeast corner of Fairfax Road and Auburn DEED 6643 Drive for the Fairfax Interchange Project at State Route 178. hh. Agreement with Bakersfield Redevelopment Agency AGR 07-081 and University of La Verne ($60,000) for purchase of the lease option from the University to facilitate consolidation of City and Agency operations located at 1600 Truxtun Avenue and relocate the University to 24th & M Streets. ii. Agreement with DMJM Harris ($6,491,588) for AGR 07-082 design consultant services for Phase 2 of the Wests ide Parkway Project. Bids: jj. Accept bid and award contract to San Joaquin AGR 07-083 Interiors (not to exceed $120,554) for installation of carpet and flooring at the Police Department and City Hall Annex. kk. Accept bid and award annual contract to Jim Alfter AGR 07-084 Cement Contractor (not to exceed $150,000) for canal liner repair. II. Accept bid and award contract to Stinson's AGR 07-085 Stationers, Inc. (not to exceed $350,000 per year for 5 year term) for office supplies. Miscellaneous: mm. Quitclaim Deed to Bolthouse Properties, LLC, removing Temporary and Permanent Sewer Line Easements, along the Allen Road trunkline sewer. DEED 6644 nn. Assessment District 94-3 Bond Call: 1. Appropriate $227,250 fund balances to the operating budgets within the 94-3 special assessment fund to facilitate advance redemption of Assessment Bonds. 00. Acceptance of Financial Audit Reports. Bakersfield, California, March 14, 2007 - Page 12 12. CONSENT CALENDAR continued pp. Appropriate $91,330 State Grant Revenue for the 2005/2006 Tire Derived Product Grant for rubber sidewalk at various locations throughout the City to the Public Works Capital Improvement Budget within the Capital Outlay Fund. qq. Earth Day 2007 to be held on April 21, 2007 at Beach Park: 1. Appropriate $2,998 grant from California State Parks Foundation to the Recreation and Parks Department Operating Budget within the General Fund to provide trees and supplies for Earth Day 2007. 2. Appropriate $1,540 from builder to the Recreation and Parks Department Operating Budget within the General Fund to provide trees along the bike path for Earth Day 2007. Councilmember Weir announced he would abstain due to conflicts of interest on items 12.b. and 12.f. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.gg. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS a. Protest Hearing for proposed Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. Public Works Director Rojas made staff comments. Hearing opened at 7:16 p.m. No one spoke. Hearing closed at 7:16 p.m. ACTION TAKEN APPROVED AS COUCH, SULLIVAN Bakersfield, California, March 14, 2007 - Page 13 14. HEARINGS continued ACTION TAKEN Motion by Vice-Mayor Hanson to approve the Resolution. APPROVED AS COUCH, SULLIVAN 15. REPORTS a. Resolution establishing economic incentives for participation in the City's Voluntary Curbside Recycling Program. RES 054-07 Public Works Director Rojas made staff comments. Motion by Councilmember Weir to adopt the Resolution and implement the Committee recommendations. APPROVED AS COUCH, SULLIVAN 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham encouraged citizens to participate in the recycling program. Councilmember Benham requested Police Chief Rector or Assistant Police Chief Lynn call her. Councilmember Carson reminded everyone of the Joint City/County Meeting Monday evening, March 19th, at which time information will be provided regarding the Anti-Gang Action Plan . Council member Carson reminded everyone of the Safe Neighborhoods Committee Meeting tomorrow, March 15th, at 11 :45 a.m. in the City Manager's Conference Room. Councilmember Carson made comments regarding Fire Station NO.5 and thanked staff for moving the project toward fruition. Councilmember Scrivner congratulated Council member Carson and staff for implementing the construction of Fire Station No.5. Bakersfield, California, March 14, 2007 - Page 14 18. MAYOR AND COUNCIL STATEMENTS Councilmember Scrivner requested staff respond/forward correspondence from a citizen regarding a County employee to the appropriate recipient. Councilmember Scrivner requested the Planning and Development Committee review policy regarding signs and analyze the need to update the policy in light of new technology. Councilmember Scrivner requested staff respond to correspondence regarding the Americans With Disabilities Act as it applies to access of Wilson Road and Wible, and Wilson Road and South Real Road. Vice-Mayor Hanson congratulated Councilmember Carson on the groundbreaking of Station No.5. Vice-Mayor Hanson thanked the Budget and Finance Committee for work on the curbside recycling issue. Vice-Mayor Hanson made remarks regarding the April 6th City Job Fair and encouraged job seekers to attend. Mayor Hall encouraged the public to participate in the April 21st Great American Clean-Up. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:31 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