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HomeMy WebLinkAbout06/20/07_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA JUNE 20, 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. PUBLIC STATEMENTS (Regarding Workshop & Closed Session Item(s) only during this portion ofthe meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Three issues) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Canyons, LLC and OKS Investments, LLC v City and DOES 1 through 50, inclusive. Kern County Superior Court Case No. S-1500-CV-260175-AEW 2. OKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino; Canyons, LLC; General Holding, Inc. v City; City Council; DOES 1 through 50, inclusive. Kern County Superior Court Case No. S-1500-CV-259731-LPE 3. John M. Tarabino and Joseph A. Tarabino; OKS Investments, LLC v City KCSC Case No. S-1500-CV-257620-SPC RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Reverend Steven J. Hunt, First Assembly of God Church. 7. PLEDGE OF ALLEGIANCE by Jordan January, 7th Grade Student at Rosedale Middle School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 14, 2007 and June 4, 2007 Budget Meetings and the June 6, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from May 25, 2007 to June 7, 2007 in the amount of $9,306,474.41 and self-insurance payments from May 25,2007 to June 7, 2007 in the amount of $350,626.59. Ordinances: c. First Reading of Ordinance amending Chapters 5.48, 12.16 and 12.20 of the Municipal Code regarding video service providers. (Legislative and Litigation Committee) 12. CONSENT CALENDAR continued 0Nard 1,2) 0Nard 6) 0Nard 6) 0Nard 5) 0Nard 2) 0Nard 1) 0Nard 1,5) 0Nard 1) 0Nard 2,4,5) d. First Reading of Ordinance amending Chapter 5.14 of the Municipal Code regarding cabaret permits. (Legislative and Litigation Committee) Adoption of Ordinances regarding Redevelopment Legislation - SB 53 and SB 1809: 1. Downtown Redevelopment Project Area (FR 06106/07) 2. Old Town Kern - Pioneer Redevelopment Project Area (FR 06106/07) 3. Southeast Bakersfield Redevelopment Project Area (FR 06106/07) Resolutions: e. f. Resolution designating certain City personnel as certifying officers authorized to execute Environmental Review Record pursuant to Federal law. Proposed Assessment District No. 07-1 (Vista View Estates): 1. Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving boundary map. 3. Resolution of Intention No. 1540 Resolution 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 3-69 (Ashe, McCutchen NE) 2. Area 3-70 (McCutchen, Mountain Ridge NE) Resolution of Intention No. 1541 to add territory, Area 3-71 (Mountain Vista, Panama SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1542 to add territory, Area 4-78 (King, Kentucky NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1543 to add territory, Area 5-38 (Cottonwood, Casa Loma SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: g. h. i. j. k. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Old River Road, LLC for Tract 6359 Phases 1 & 2 located south of Panama Lane on Old River Road. 2. Final Map and Improvement Agreements with Stuart Thomas, Inc. dba Lenox Homes for Tract 6520 Phase 1 located east of S. Union Avenue on E. Berkshire Road. Assignment of Agreement No. 94-131 with Harry Hackner to John Harmon for ground lease of hangar space 0-4. n. Agreement with County of Kern to collect special assessment and district fees. I. m. o. Agreement with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $100,000) to provide legal services for acquisition of right of way for construction of Westside Parkway. 2 City Council Meeting of 06/20/2007 12. CONSENT CALENDAR continued p. Property Insurance: 1. Joint Powers Agreement with the California State Association of Counties Excess Insurance Authority (CSAC EIA). 2. California Public Entity Insurance Authority Property Program Memorandum of Understanding. q. Workers' Compensation Utilization Review and Nurse Case Management: 1. Agreement with Professional Dynamics, Inc. <not to exceed $75,000 annually) to provide utilization review services for Self-Insured Workers' Compensation Program. 2. Agreement with Comprehensive Care Systems (not to exceed $50,000 annually) to provide nurse case management services for Self-Insured Workers' Compensation Program. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 02-0193 (Panama Lane Shopping Center): 0Nard 7) 0Nard 5) 0Nard 6) 0Nard 3) 0Nard 2) r. 1. Amendment No. 1 to Agreement No. 05-118 with Michael Brandman and Associates ($475,000) for preparation of the EIR. 2. Appropriate $475,000 (developer's contribution) to the Development Services operating budget in the General Fund for the EIR consultant. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 02-0300 (Gosford Village): 1. Amendment No. 1 to Agreement No. 05-117 with Michael Brandman and Associates ($478,500) for preparation of the EIR. 2. Appropriate $478,500 (developer's contribution) to the Development Services operating budget in the General Fund for the EIR consultant. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1052 located at the southwest corner of Panama Lane and Ashe Road: 1. Agreement with Maurice J. Etchechury, representing the John M. Antongiovani Trust, Inc. ($186,773) for preparation of the EIR. 2. Agreement with Jones and Stokes Associates, Inc. ($139,800) to prepare the EIR. 3. Appropriate $139,800 (developer's contribution) to the Development Services Operating Budget in the General Fund. Cooperative Agreement with the State of California Department of Transportation for control of storm water run-off at the new interchange on State Route 178 at Fairfax Road. Agreement with Meyer Civil Engineering, Inc. ($106,640) for the preparation of plans, specifications and estimate in accordance with City requirements for the primary channel elements of the Mill Creek Project along the Kern Island Canal. w. Amendment No.1 to Agreement No. 07-016 with County of Kern for County jail booking and processing services. s. t. u. v. 3 City Council Meeting of 06/20/2007 0Nard 2) 0Nard 5) 0N ard 7) 0Nard 4) 12. CONSENT CALENDAR continued Senior Housing Project located at 24th and R Streets: 1. Amendment No. 1 to Agreement No. 06-172 with the Housing Authority of the County of Kern ($500,000; revised total $2,000,000 HOME Investment Partnership funds) to construct 60 affordable senior apartments. 2. Appropriate $100,000 prior year HOME Investment Partnership Program Income to the Economic and Community Development Operating budget within the HOME Investment Partnership Fund. y. Amendment No.1 to Agreement No. 06-158 with Target Specialty Products ($245,000; revised not exceed $490,000 and extending term for one (1) year) for insecticides and herbicides. x. Z. Amendment No.1 to Agreement No. 06-179 with Kern Turf Supply ($210,000; revised not to exceed $420,000 and extending the term for one (1) year) for irrigation parts and supplies. aa. Amendment NO.3 to Agreement No. 05-065 with San Joaquin Fence and Supply ($100,000; revised not to exceed $600,000) for fencing. bb. Amendment NO.1 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc. ($175,000; revised not to exceed $350,000 and extending term for one (1) year) for irrigation and landscaping services. cc. Amendment No.1 to Agreement No. 06-221 with Pestmaster Services, Inc. ($118,300; revised not to exceed $236,600 and extending term for one (1) year) for chemical application. dd. Contract Change Order No. 1 to Agreement No. 06-259 with Griffith Company ($24,455.56; revised not to exceed $919,349.56) for the Mountain Vista Drive At Grade Crossing Project. Bids: White Lane at State Route 99 eastbound to southbound on-ramp reconstruction project: 1. Accept bid and award contract to Griffith Company ($1,828,105). 2. Award contract to Lim & Nascimento Engineering Corporation ($219,303) for construction management services. 3. Appropriate $400,000 Transportation Development Fund balance to the Capital Improvement Budget within the Transportation Development Fund to fund this project. ff. Pre-Employment Background Investigations for the Police Department: 1. Accept proposal and award annual contract to B& T Investigations (not to exceed $80,000). ee. 2. Accept proposal and award annual contract to US Investigations Services, LLC (not to exceed $20,000) for investigations of out-of-state applicants. gg. Accept bid and award annual contract to Jim Alfter Cement Contractor (not to exceed $2,000,000) for concrete construction. hh. Accept proposal and award annual contract to KSS Systems, Inc. dba Kern Security Patrol (not to exceed $70,000) for park security services. ii. Accept bid and award annual contract to Zim Industries, Inc. dba Bakersfield Well and Pump Company (not to exceed $100,000) for maintenance and repair of Olcese wells. 4 City Council Meeting of 06/20/2007 0Nard 1) 12. CONSENT CALENDAR continued jj. Accept bid from Flo-Systems, Inc. ($101,244) for self cleaning lift station for Fire Station 5. Miscellaneous: kk. Revised job specifications (Personnel Committee) 1. Blue & White Collar Unit - Administrative Analyst II; Development Assistant; Development Associate; Fire Plans Examiner; and, HR Analyst I and II. 2. General Supervisory Unit - Administrative Analyst III and HR Supervisor. 3. Management Unit - Assistant to the City Manager; Fleet Superintendent; General Services Superintendent; Solid Waste Superintendent; Street Maintenance Superintendent; and Wastewater Treatment Superintendent. II. 2007 Recreation and Parks Master Plan. (Refer to Community Services Committee.) Staff recommends adoption of Consent Calendar items a through II. 13. CONSENT CALENDAR HEARINGS 0Nard 4) 0Nard 6) 0Nard 3) a. Public Hearing to consider Resolution approving the issuance of California Statewide Communities Development Authority Insured Revenue Bonds for National Health Services, Inc. for the purpose of financing and refinancing the acquisition, construction, renovation, improvement and equipping of certain medical and health facilities and certain other matters relating thereto located at 3409 Calloway Drive #300. (Staff recommends adoption of resolution.) Public Hearing to consider Resolution establishing Underground Utility District No.2, Division 31 (Sports Village) as required by Resolution of Intention No. 1537. (Staff recommends overriding protests and adoption of resolution.) Public Hearing for Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area as required by Resolution of Intention No. 1536 (Staff recommends ove"'d'ng protests and adoption of resolution and ordinance.) 1. Resolution adopting the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to bridge crossings and major thoroughfares. (FR 06106/07) b. c. 0Nard 1) 14. HEARINGS a. Public Hearing to consider an appeal by Timothy A. Chandler of Planning Commission approval of Tentative Parcel Map 11473 located at the northwest corner of E. Pacheco Road and Cottonwood Road. (Engineer: Jerry Hendricks) 1. Resolution upholding the Planning Commission decision, denying the appeal and approving Tentative Parcel Map 11473. Staff recommends adoption of resolution. 15. REPORTS 5 City Council Meeting of 06/20/2007 16. DEFERRED BUSINESS a. Fiscal Year 2007-2008 Budget: 1. Resolution approving and adopting the City's Operating and Capital Improvement Budget. 2. Resolution approving and adopting the Bakersfield Redevelopment Agency Operating and Capital Improvement Budget. 3. Resolution establishing the City's appropriations limit. Staff recommends adoption of resolutions. b. Accept bid from Quinn Company ($295,004) for one (1) hydraulic excavator. Staff recommends acceptance of bid. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT 6/14/07 1 0:35am 6 City Council Meeting of 06/20/2007 "" C;\..l'.".,.,~",.~'f' ~ ' _I '. ~v,. ~.': ,~ . ,_, ;i'~,"\ AGENDA HIGHLIGHTS JUNE 20, 2007 COUNCIL MEETING REGULAR MEETING - 5:15 D.I1J. CLOSED SESSION There will be a conference with legal counsel regarding three cases of potential litigation and three cases of existing litigation. CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m. CONSENT CALENDAR Ordinances Item 12c. First Readlno of an Ordinance amending the Municioal Code regarding Video Service Providers. The Charter sets forth that the City can grant cable television franchises. In late 2006, the California Legislature enacted Assembly Bill 2987 which eliminated cities' and counties' ability to grant local video franchises and transferred that power to the State Public Utilities Commission. Any entity desiring to provide video service in California, and not already operating under an existing franchise, must apply to the PUC for a State franchise. AB 2987 requires local entities to enforce regulations regarding the video programming providers, to adopt penalties for violation of these regulations, and have an appeal mechanism in place. The Legisiative and Litigation Committee recommends first reading of the ordinance. Item 12d. First Readino of an Ordinance amendino the Municioal Code reaardino Cabaret Permits. The current ordinance requires the Police Chief to Immediately revoke a oabaret permit under certain conditions, whether major or minor.. Since there are varying degrees of severity of permit violations, it would be beneficial for the Chief to have the ability to Impose varying degrees of punishment. The amendments will give the Chief the discretion to not only revoke a cabaret permit, but to suspend the permit for up to 180 days. The Legislative and Litigation Committee reviewed the changes and recommends first reading of the ordinance. Aareements Item 12p. Joint Powers Aoreement and Memorandum of Understandino regarding prooerty Insurance. The City insures its real and personal property, along with business income interruption and extra expense exposures. This year, the coverage was marketed and three proposals were received. Staff recommends entering into an MOU with the California State Association of Counties Excess Insurance Authority (CSAC EIA) as their proposal was deemed most favorable to the City. CSAC EIA is a public entity risk sharing pool comprised of California Counties, Cities and Joint Powers Authorities. Item 12q. Aoreements for Workers' Comoensation Utilization Review and Nurse Case Manaoement. SB 899 provides for employers, through their workers' compensation administrators, to review medical procedures prescribed by treators of injured workers for appropriateness and medical necessity. The law also allows the City to . engage the services of Nurse Case Managers who stay in . contact with injured workers, and monitor their treatment and progress toward returning to work. The contract with the current provider of both utilization review and nurse case management services, Monitor Integrated Healthcare Services, expires on June 30, 2007. Numerous responses were received in response to a Request for Proposals. The top four firms were interviewed. Staff recommends entering into an agreement with Professional Dynamics, Inc. for utilization review services, and Comprehensive Care Systems for nurse case management services, both for a two- year period and an optional third year. Both firms are recommended as they met the City's criteria on experience, price, knowledge of Workers' Compensation law and the Bakersfield medical community. '.r Items 12r. and 12s. Environmentallmoact Reoorts for the Panama Lane ShoooinQ Center and Gosford Villaae. As a result of the 'Walmart" Appellate decision in 2005, the City proceeded to prepare a new Environmental Impact Report (EIR) for each project site, the Panama Lane Shopping Center and Gosford Village. Because extraordinary effort and time is being incurred in preparation for the EIR for each project site to comply with Court orders, additional funds are needed. Panama 99 LLC deposited an additional amount of $475,000 for the EIR consultant for the Panama Lane Shopping Center project. Castle and Cooke deposited $478,500 for the EIR consultant for Gosford Village. No City funding is required for either of these contracts. Item 12t. Environmentallmoact Reoort for Prooertv Located at the Southwest Comer of Panama Lane and Ashe Road. Maurice J. Etchechury, representing the John M. Antongiovani Trust is proposing a General Plan Amendment, a concurrent Zone Change, and approval of commercial development plans on an approximately 18.7 acre site. The project would consist of approximately 146,000 square feet of gross leasable retail space which will consist of 10 buildings containing a grocery store and a second major tenant, five drlve-thru restaurants and three single- or multiple-tenant retail and/or restaurant buildings. The first agreement acknowledges that Maurice J. Etehechury, representing the John M. Antongiovanl Trust, will pay for all costs associated with the preparation of the EIR. The total cost of the EIR is $186,n3, which consists of $139,800 for the consulting services and $46,973 to reimburse the City for its costs and staff time In managing the project. The second agreement is with Jones and Stokes Associates, Inc. to prepare the report. Item 12w. Amendment NO.1 to Agreement No. 07-016 with Kern County for Jail Booking and Processino Services. The current agreement with the County provided for the City to pay $1,080,429 for jail booking and processing services rendered In FY 2006-07. This amount was calculated at 50% of the number of chargeable bookings (13,598) multiplied by the per booking charge ($158,91). The number of chargeable bookings is actually 10,965, which results in a decrease of $209,205. The actual amount owed to the County Is $871,224. Item 12x. Amendment NO.1 to AQreement No. 06-172 with the Housing Authority of the County of Kern {HACKl to Construct 60 Affordable Senior Aoartments in the amount of $500.000 for a revised total 9f $2.000.000 in HOME Investment Partnershio Funds. On June 6, 2006, Council approved an agreement with HACK for $1,500,000 in HOME funds to construct the housing units. The project will be built adjacent to Phase I of the Park Place Senior Housing Project, and will cost approximately $12 million. HACK formed a Umited Partnership with Golden Empire Affordable Housing Inc. II, a California nonprofit public benefit corporation, in order to develop the project and be able to apply to the State for low income tax credit (L1TC) financing. HACK has applied twice for competitive L1TC financing, without success. They recently requested an additional $500,000 for a total of $2 million in HOME New Construction monies from the City for application to the State in July (2007). Based on the evidence they provided regarding their recent scoring and position last round, it appears they have a reasonably good chance of being funded in July assuming they are able to receive the additional HOME contribution from the City in June. Bids Item 12... Agreement with Lim & Nascimento Engineerino COrD. for Construction Manaoement Services for the White Lane at SR 99 Eastbound to Southbound On-Ramo Reconstruction Proiect in the amount of $219.303. Because there is no available staff with expertise in freeway ramp construction management, an outside consultant needs to be hired for both preconstructlon coordination as well as the Construction Management (CM) services. A Request for Proposals was sent to two construction management firms: Urn & Nascimento (LAN Engineering) and PARSONS. These two firms were invited to submit proposals because of the specialized nature of this work involving freeway on-ramp reconstruction, coordination with Caltrans under an June 20, 2007 Agenda Highlights PaQe 2 / encroachment permit, and thorough knowledge of Caltrans standards, specifications, and construction policies. In addition, both of these firms are currently performing satisfactory CM work for the City, and other local firms do not have staff with this type of experience. Based on the proposals received, the Selection Committee recommends awarding the contract to Lim and Nascimento Engineering Corporation based on their combination of qualifications and fee proposal being the most favorable to the City. Item 120. Award Annual Contract to Jim Alfter Cement Contactor for Concrete Construction in an amount not to exceed $2.000.000. Invitations to bid were sent to over 100 contractors. One bid was received and staff finds It to be acceptable. Staff recommends award to Jim Alfter Cement Contractor. Miscellaneous Item 12/1. 2007 Recreation and Parks Master Plan. The scope of work is now ready for Council to review. Based on extensive public input, recommendations for planning for the next five years are included in the document. Staff recommends referring this matter to the Community Services Committee. CONSENT CALENDAR HEARINGS Item 1311. Resolution Aoorovino the Issuance of California Statewide Communities Dev~looment Authority Insured Revenue Bonds for National Health Services. Inc. for the Puroose of Financlna and Refinancina the Acaulsition. Construction. Renovation. Imorovement and Eauiooina of a Health Related Facility at 3409 Callowav Drive. #300. The City is being asked to adopt a resolution approving tax-exempt revenue bonds In an aggregate principal amount not to exceed $20 million, to assist National Health Services, Inc. for the purchase and rehabilitation of the facility. The Bonds would be tax-exempt private activity bonds, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. There is no direct or Indirect financial impact to the City, and the City will not be under any obligation to r~pay the Bond indebtedness. Item 13c. Public Hearino to Consider a Resolution Adootlna the Mlramonte Drive-Chase Avenue Planned Maior Thorouahfare Area. The City proposes to extend Miramonte Drive south to Chase Avenue, and to extend Chase Avenue west to Comanche Drive. These extensions will provide the residents of the Rio Bravo Area with a connection to Comanche Road and State Highway 58. Construction of this road connection was a requirement of the property owner (Arnold Pettit) and the subdivider of Tentative Tracts 6839 through 6844 (GFC Properties LLC). Other properties being developed in the Rio Bravo area are required to participate or contribute to the cost of construction of this thoroughfare. As a part of the condition of the GPA/ZC, the City agreed to reimburse the owner for the cost of acquiring right-of-way, design of improvement plans, and construction of Miramonte Drive and Chase Avenue. The Bridge and Thoroughfare District will require payment of the proportionate share of cost of the road of all undeveloped properties within the benefited area upon their development. HEARINGS Item 148. Public Hearing to Consider an Aooeal bv Timothv A. Chandler of the Aooroval bv the Plannina Commission of Tentative Parcel Mao 11473 Located at the Northwest Corner of East Pacheco Road and Cottonwood Road. The Tentative Parcel Map (TPM) consists of two parcels on 39.88 acres, including one 22.21 acre parcel for multiple-family residential purposes zoned R-2 (Parcel 1) and one 17.67 acre parcel for industrial purposes zoned M-1 (Parcel 2). Proposed TPM 11473 is the latest of several actions taken on the property, beginning in November, 2005. On April 19, 2007, the Planning Commission approved the Tentative Parcel Map with conditions as recommended by staff. During the hearing, Mr. Chandler voiced concerns over what he believes is a piecemeal plan. On April 30, 2007, Mr. Chandler submitted a letter requesting an appeal of TPM 11473 citing concerns such as noticing, environmental issues, incompatibility, and Commission Rules and Regulations. June 20, 2007 Agenda Highlights PaQe 3 It is staff's opinion that a considerable amount of environmental analysis has taken place with regard to the project's suitability and impact on the surrounding area. Therefore, staff recommends denial of the appeal, upholding the Planning Commission's decision, and approving the Tentative Parcel Map subject to conditions of approval. DEFERRED BUSINESS Item16s. Resolutions Adootina the Fiscal Year 2007-08 Budaet. The City's Operating and Capital Improvements Budgets total $740,616,813. The Bakersfield Redevelopment Agency's Operating and Capital Improvement Budgets total $19,057,453. The resolution adopting the FY 2007-08 Appropriations Umit of $249,728,547 is also included. The budgets reflect 41 additional positions and the funding of various capital improvements including street and road resurfacing, park and recreational facilities, and the expansion of Wastewater Treatment Plant No. 3. The proposed Capital Improvement Budget reflects several changes from the Proposed Budget submitted to Council on May 9, 2007: 1) Modification for the Westside Parkway project to add $16.7 million in additional STJP Augmentation funds for design and preparation of construction documents and right-of-way acquisition, and $54.3 million for the construction of the Mohawk portion of the project, as recommended by the CTC; 2) Allocation of $25.3 million of federal TRIP funds and $4.0 million of non-federal matching TDF funds for construction of the SR 178 at Fairfax Road Interchange project; 3) Three additional traffic signals at a total amount of $600,000 (Brimhall Road at Verdugo Road) (Noriega Road at Verdugo Road) (Panorama Drive at Meadow Vista Street); and 4) Transfer of $6,500 from Council Contingency to the Council budget to allow for three Council members to participate in an upcoming Sister City visit to Bucheon, South Korea. Item 16b. Award Contract to Quinn Comoanv for one Hvdraulic Excavator in the amount of $295.004. Although invitations to bid were sent to 45 suppliers, only two vendors submitted bids. One of those was removed from consideration because it did not comply with the specification requirement to provide for a service facility within a 50 mile radius. ' This item was brought before Council on June 6, 2007 with a recommendation to award the contract to Quinn Company. Western Traction II, who had submitted the other bid, submitted a written protest and spoke before Council that night. Their protest is based on the fact that staff requested a demonstration even though It was known that the service facility was outside of the 50 mile radius. Staff explains the ' importance of the 50-mile radius requirement In documents attached to the administrative report. It explains further that staff voiced concerns about this requirement right away, but Western Traction II was still willing to provide a demonstration. Given their response, staff was hopeful that the vendor would provide for a service facility within the stipulated 50-mile radius. This did not happen. Councilmember Carson requested that the item be removed from the agenda and deferred to the June 20, 2007 meeting. There is a memo attached to the Administrative Report that analyzes why staff believes the higher capital cost is more than offset by the ongoing maintenance cost. -IZ Approved: ' Alan Tandy, City Manager .,' 00: Department Heads Rhonda Smiley. Public Information Officer City Manager's File City Clerk's Office News Media File June 20, 2007 Agenda Highlights Paae 4 ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Closed Session ITEM: 4 . a. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED June 12, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (Three issues). VG:dll S:\CQUNCILICI S...\AdminsI06-07I06-2()'()7poILn3.dol June 12.2007, 3:28PM ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Closed Session ITEM: Lt. b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /? t/~ if? June 12,2007 SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. (3 cases): · CANYONS, LLC, a California limited liability company, and OKS INVESTMENTS, LLC, a California limited liability company v. THE CITY OF BAKERSFIELD, and DOES 1 through 50, inclusive Kern County Superior Court Case No. S-1500-CV-260175-AEW · OKS INVESTMENTS, LLC, a California limited liability company; JOHN M. TARABINO and JOSEPH A. TARABINO, individuals; CANYONS, LLC, a California limited liability company; and GENERAL HOLDING, INC., a California corporation v. THE CITY OF BAKERSFIELD; BAKERSFIELD CITY COUNCIL; and DOES 1 through 50, inclusive Kern County Superior Court Case No. S-1500-CV- 259731-LPE · JOHN M. TARASINO and JOSEPH A. TARASINO, individuals; and OKS INVESTMENTS, LLC, a California limited liability company v. THE CITY OF BAKERSFIELD, a California municipal corporation KCSC Case No. S-1500-CV-257620-SPC VG:dll S:ICQUNCIL ICI SesslAdminsI06-07106-20-07Existlit3cases.doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: IJ.fA. TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Cler~ June 8, 2007 APPROVED DEPARTMENT HEA~ ~ ,vr CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the June 6, 2007 Regular Council Meeting and th and June 4, 2007 Budget Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: IJ. b. FROM: DATE: Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council June 7,2007 SUBJECT: Approval of department payments from May 25, 2007 to June 7, 2007 in the mount of $9,306,474.41. and self insurance payments from May 25, 2007 to June 7, 2007 in the amount of $350,626.59. RECOMMENDATION: Staff recommends approval of payments totaling $9,657,101.00. BACKGROUND: RAR June 8, 2007, 8:05AM S:\Richard\AP\ADMI N-AP .doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: l~. e-. June 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney SUBJECT: First reading of an Ordinance Amending Chapters 5.48, 12.16 and 12.20 of the Municipal Code regarding video service providers. RECOMMENDATION: The Legislative and Litigation Committee recommends first reading of the ordinance. BACKGROUND: The City Charter sets forth that the City can grant cable television franchises. The City has entered into franchise agreements with two cable television providers, although Brighthouse is in the process of purchasing Cebridge/Suddenlink. In late 2006, the California Legislature enacted Assembly Bill 2987 (AB 2987) which eliminated cities' and counties' ability to grant local video franchises and transferred that power to the state Public Utilities Commission. Any entity desiring to provide video service in California and not already operating under an existing franchise, must apply to the Public Utilities Commission for a state franchise. The state franchise application must indicate where the entity plans on providing such service. A state franchise lasts for 10 years. Current cable service providers can retain their local franchises or negotiate an early termination of the local franchise agreements and apply to the state for a franchise. The City's current franchise agreements will both expire in 2015. In March, 2007, AT&T informed the City that it had applied for a state franchise to operate in Bakersfield. In April, 2007, the franchise was granted. AT&T is required to let the City know at least 10 days and no more than 60 days before it will begin offering cable service in the City. To date, the City has not received any such notification. AB 2987 requires local entities to enforce regulations regarding the video programming providers and to adopt penalties for violations of these regulations. Additionally, the bill requires local entities to have a mechanism in place to appeal the decision to deny either an encroachment permit or a permit allowing work in city streets or rights-of-way to the City Council. This ordinance amends the sections of the municipal code dealing with cable television franchises, street cutting permits and encroachment permits to comply with the requirements of AB 2987. JS:js June 8,2007, 10:17AM S:ICQUNCIL \AdminsIOG.O? Admins\AB298? .Fnl.dot ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: I~.d. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an Ordinance Amending Chapter 5.14 of the Bakersfield Mun cipal Code regarding cabaret permits. . RECOMMENDATION: The Legislative and Litigation Committee recommends first reading of the ordinance. BACKGROUND: Currently, the City's cabaret ordinance (Chapter 5.14) requires the police chief to immediately revoke a cabaret permit if he finds: A. That misrepresentations were made on the application; or B. That the owner or a manager has in the past three (3) years been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the owner or a manager has in the past three (3) years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated or that the business has been operated in violation of a local, state or federal law; or E. That the operation of the cabaret is interfering with the peace and quiet of the neighborhood. The way the ordinance currently reads, if a violation is found, whether major or minor, the chief must revoke the permit. Since there are varying degrees of severity of permit violations, if would be beneficial for the chief to have the ability to impose varying degrees of punishment to bring the permit holders into compliance. These amendments will give the chief the discretion to not only revoke a cabaret permit, but to suspend the permit for up to one hundred and eighty days. JS:js June 8,2007, 10:17AM S:ICQUNCIL IAdminsl06-07 Adminslcabarelpermilamend .dol ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: ,~. e,. FROM: DATE: Donna L. Kunz, Economic Development Director DEPARTMENT HEA CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council June 7, 2007 SUBJECT: Adoption of ordinances regarding Redevelopment Legislation - SB 53 and SB 1 & 2). (First Reading 6/6/2007) 1) Downtown Redevelopment Project Area 2) Old Town Kern - Pioneer Redevelopment Project Area 3) Southeast Bakersfield Redevelopment Project Area RECOMMENDATION: Staff recommends adoption of ordinances. BACKGROUND: In January, 2005, the Legislature adopted Senate Bill 53. SB53 requires that, prior to July 1, 2007, the legislative body adopt an ordinance reiterating the redevelopment agency's program regarding the use of eminent domain. This bill applies to all redevelopment plans adopted prior to January 1, 2007 including those that have no or limited use of eminent domain. The use of eminent domain is set forth in each redevelopment plan. No new or expanded powers are granted to the redevelopment agency. Related to SB 53, Senate Bill 1809 requires that redevelopment agencies, upon approval by the legislative body, record with the county recorder the project area description and a statement that proceedings for the redevelopment of the project area have been instituted following the law. For existing redevelopment plans which authorize the use of eminent domain and were adopted prior to December 31, 2006 this notice must be filed with the county recorder prior to December 31, 2007. The adoption of the ordinances satisfies the requirements under SB 53 and authorizes the recordation of the notice required under SB 1809. In addition, these specific legislative actions have no impact on the Redevelopment Agency because each ordinance reiterates what is already contained in the various redevelopment plans. S:\Admlns\City Councll\City Council Admlns 2007\SB530rdlnanceSecondReading6.20.2007.doc 6/7/20079:10 AM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: IJ. .f. TO: FROM: Honorable Mayor and City Council DATE: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY V&- CITY MANAGER --m- A Resolution of the Council of the City of Bakersfield designating certain city ~ certifying officers authorized to execute Environmental Review Record pursuant to Federal Law. (Wards All) Donna L. Kunz, Economic Development Director May 25, 2007 SUBJECT: RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In accordance with the National Environmental Policy Act (NEPA) and 24 CFR Part 58, a unit of general local government (responsible entity) who annually executes a HUD grant agreement for funds assumes responsibility for complying with NEPA laws and regulations. Under NEPA laws and regulations, only the responsible entity's certifying officer has the authority to execute documents concerning federal environmental review, decision-making and environmental action. In order to streamline the administrative and procedural implementation of future environmental review responsibilities, the attached resolution authorizes city officials in addition to the City Manager who can execute certain federal environmental assessments. Beginning FY 2007-08, this resolution would allow HUD to accept staff signatures in addition to the City Manager's, as Certifying Officer for projects requiring HUD environmental review. By federal regulation, the Certifying Officer is responsible for ensuring that any conditions, procedures and requirements resulting from the environmental review process are incorporated into project plans and become implemented. The resolution states that the City Manager or Assistant City Manager be the Certifying Officer for all environmental assessments (EAs) requiring publication and submission to HUD for authority to use grant funds. In addition, the resolution also states it is the City's intent to have the Economic Development Director or the Assistant Economic Development Director be the Certifying Officer for the simpler EAs, which do not require such publication and submission. S:\Admins\City Council\City Council Admins 2007\HUD Cartyifying Raso.doc 5/25/2007 9:25 AM ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: Ia.. CA . v TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 30, 2007 APPROVED DEPARTMENT HEAD ~G:N",t./L-- CITY ATTORNEf CITY MANAGER SUBJECT: Proposed Assessment District No. 07-1, (Vista View Estates). 1. Resolution Accepting Petition and Oeterming to Undertake Special Assessment Proceedings. (Ward 6) 2. Resolution Approving Boundary Map 3. Resolution of Intention 1540 RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: The appropriate application with petitions were submitted to staff and the Agreements for Assessment Engineer, Bond Counsel and Disclosure Counsel, were approved at the Council Meeting on June 6, 2007. The City has a deposit from the developer to pay for the initial cost to start the assessment district. The proposed assessment district is named Vista View Estates and is located east of Gosford Road, south of Berkshire Road, west of Reliance Drive and north of McCutchen Road and is planned for new residential development. The applicant Petrini Bakersfield 5 Ventures, LLC plans to sell a portion of the property to merchant builders who will construct residential units, with acquisition of the improvements occurring upon completion. The improvements include road construction of McCutchen Road, Gosford Road and Berkshire Road. Other improvements will be street signs, street lights, survey monuments, curbs, gutters, sidewalks and storm drains, block walls, grading and paving improvements. Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the Preliminary Engineer's Report and a formal boundary Map. May 30,2007, 1:07PM G:\GROUPDA1\ADMINRPT\2007\06-20\AD07-1 ROI map assments.doc /'. ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: I~. h. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 7, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding the following territory to the Consolidated Maintenan istric and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) 1. Area 3-69 (Ashe, McCutchen NE) 2. Area 3-70 (McCutchen, Mountain Ridge NE) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On June 6, 2007 the Council adopted Resolution of Intention Nos. 1538 and 1539 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 a Proposition 218 ballot 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, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. Jun20_Est.dot ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: \J-. . ; . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 6, 2007 SUBJECT: Resolution of Intention No. 1541 to add territory, Area 3-71 (Mountain Vi a, Pan ma SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6824 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-71 is generally bounded by Panama Lane on the north, a line approximately 1,320 feet east of Mountain Vista Drive on the east, a line approximately 1,320 feet south of Panama Lane on the south and Mountain Vista Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr June 6,2007, 12:20PM MD3-71 RiOS.dot ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: lJ.-. i u TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 6, 2007 CITY MANAGER SUBJECT: Resolution of Intention No. 1542 to add territory, Area 4-78 (King, Ken ky ) to the Consolidated Maintenance District and preliminarily adopting, confirming and! approving Public Works Director's Report. (Ward 2). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 07-0937 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 4-78 is generally bounded by Lake Street on the north, King Street on the east, Kentucky Street on the south and a line approximately 100 feet east of Baker Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the publiC hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr June 6. 2007. 12:17PM MD4-78Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: Il.K. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director June 7, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1543 to add territory, Area 5-38 (Cottonwood Cas Loma SW) 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. 11670 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 5-38 is generally bounded by a line approximately 410 feet south of Casa Loma Drive on the north, Cottonwood Road on the east, a line approximately 660 feet south of Casa Loma Drive on the south and Patino 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 June 7.2007, 8:50AM MD5-38Rl05.dot ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: I;)... t . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director June 1, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Tract Maps and. Improvement Agreements I 1. Final Map and Improvement Agreements with OLD RIVER ROAD, LLC, for Tract 6359 Phases 1 & 2 located south of Panama Lane on Old River Road. (Ward 5) 2. Final Map and Improvement Agreements with STUART THOMAS, INC dba LENEX HOMES, for Tract 6520 Phase 1 located east of South Union Avenue on East Berkshire Road. (Ward 1) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs June 1, 2007, 2:51PM G:\GROUPDAnAOMINRPN007\06-20\Map and Improvement AGR .doc I, ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: I;)... m. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director ffPROVED DEPARTMENT HEAD ,~ ( if - CITY ATTORNEY''- CITY MANAGER May 31,2007 SUBJECT: Assignment of Ground Lease Agreement #94-131 at the Bakersfield Mu For Hangar space 0-4. (Ward 1) RECOMMENDATION: Staff recommends approval of the Assignment of Ground Lease Agreement. BACKGROUND: The Ground Lease Agreement for hangar space 0-4 is currently with Harry Hackney. Mr. Hackney desires to sell his hangar and assign his interest in the ground lease to John Harmon. The ground lease allows for this assignment and the $200 processing fee. The assignment will transfer all terms of the ground lease to John Harmon, including the monthly rent of $60.00. BU:elp May 31. 2007. 1 :02PM G:\GROUPDAT\ADMINRPT\2007\06-20\HANGAR ASSIGNMENT OF D-4,dot ADMINISlRA liVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: I d.. . Y'\ . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED June 7, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement to collect special assessment and district fees by the County of RECOMMENDATION: Staff recommends approval of agreement BACKGROUND: The City and County have been operating under Agreement No. #95-179 executed June 28, 1995 regarding compensation for collection of fees related to special assessments placed on the tax roll. Pursuant to Section 29304 of the Government Code the County currently collects an administrative fee for each special assessment per parcel placed by the City on the County tax roll. The County has requested an updated agreement for an amount not to exceed $1.00 per parcel per year. The actual County charge for the 2007-08 fiscal year will be $0.18 per parcel. The "not to exceed" figure is intended to allow this agreement to remain functional for several years. June 8, 20070 7:24AM S:\Admin\Admin Reports\Admin-AgrmntCoIISpecAssmntFee.doc ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: la.o. TO: Honorable Mayor and City Council May 22, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER FROM: DATE: Virginia Gennaro, City Attorney SUBJECT: Agreement between Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. and City f Ba ersfield to provide legal services for acquisition of right-of-way for the construction of th Wests ide Parkway, in an amount not to exceed $100,000. (Wards 2,4, and 5) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The Westside Parkway is part of the circulation element of the Metropolitan Bakersfield General Plan. It is a projected east-west transportation corridor through the City of Bakersfield, starting approximately east of Heath Road and Stockdale Highway, continuing for approximately eight miles and terminating just west of Freeway 99. There are approximately nine (9) parcels of real property necessary for the City of Bakersfield to acquire for construction of the Westside Parkway. At this time, the City wishes to retain outside legal services to handle the right-of-way/eminent domain cases associated with six (6) of said properties. The law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. has expertise in this area and utilizing the services of this law firm is in the best interests of the City. This arrangement will benefit the City by allowing us to better predict our financial obligations and hopefully achieve a cost savings while retaining experienced legal counsel in this specialized area. RMS:lsc May 23. 2007. 9:40AM S:\COUNCI L\Admins\06-07 Admins\AttyRtnrAgr .GriswoldLaSaUe. WSParkway.dot ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: . . June 7,2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council FROM: DATE: John W. Stinson, Assistant City Manager SUBJECT: Property Insurance Joint Powers Agreement 1. JOINT POWERS AGREEMENT WITH THE CSAC EXCESS INSURANCE AUTHORITY; 2. CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY PROPERTY PROGRAM MEMORANDUM OF UNDERSTANDING RECOMMENDATION: Staff recommends approval of the Agreement and the Memorandum of Understanding. BACKGROUND: The City of Bakersfield has insured its real and personal property along with business income interruption and extra expense exposures subject to a $25,000 deductible per occurrence. This insures the City against monetary loss as a result of most perils, excluding earthquake. For many years, the City has purchased this insurance through a local insurance broker, Clifford & Bradford. This year the Risk Management Division marketed this insurance coverage and received proposals from additional providers including Walter Mortensen & Company and the California State Association of Counties Excess Insurance Authority (CSAC EIA). CSAC EIA is a public entity risk sharing pool comprised of California Counties, Cities and Joint Powers Authorities. A list of the participating public agencies that are insured in the Pool is attached. The pool is similar to the ACCEL pool that the City belongs to for our liability insurance. The proposal from CSAC EIA is far superior to the other two proposals. The limits of coverage provided by the CSAC EIA pool range from 2-3 times the amount of coverage provided by the other proposers. The premium for the CSAC EIA program is' $111,616 annually compared to $148,866 and $190,150 for the other two programs. The CSAC EIA program deductible is $5,000 per occurrence compared to $25,000 for the other programs. A memorandum is attached that explains the details of the three proposals as well as a copy of the CSAC EIA indication upon which our recommendation is based. It is necessary that the City join the CSAC EIA JPA to participate in the CSAC EIA Property Pool. Participation is ongoing subject to sixty (60) days written notice prior to April 1 of any year of our intention to withdraw. We recommend that the City place its Property insurance with the CSAC EIA pool ~tfJ!f.~3a'P.1 f:M>~ 1, 2007. S:\Ralph\Property Ins\2007 Property Renewal.doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Agenda ITEM: TO: FROM: DATE: Honorable Mayor and City Council John W. Stinson, Assistant City Manager APPROVED June 8, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Workers' Compensation Utilization Review and Nurse Case Management 1. Agreement with Professional Dynamics, Inc. to provide Utilization Review Services in the Self-Insured Workers' Compensation program in an amount not to exceed $75,000, annually. 2. Agreement with Comprehensive Care Systems to provide Nurse Case Management Services for Self-Insured Workers' Compensation Program in an amount not to exceed $50,000, annually. RECOMMENDATION: Staff recommends approval of the agreements BACKGROUND: As a result of the passage in 2004 of SB 899, employers, through their workers' compensation administrators, are allowed to review medical procedures prescribed by treators of injured workers for appropriateness as well as medical necessity. The law also allows the City to engage the services of Nurse Case Managers who stay in contact with injured workers and monitor their treatment and progress toward returning to work. The contract with the current provider of both utilization review and nurse case management services, Monitor Integrated Healthcare Services, expires on June 30, 2007. Risk Management Division issued a request for proposal to firms that provide these services. We have received numerous responses. A fter careful review, including panel interviews with the top four (4) responders, staff recommends that the City contract with Professional Dynamics, Inc. for utilization review services for a two (2) year period (with an optional third year) and with Comprehensive Care Systems for nurse case management services for a two (2) year period (with an optional third year). The interview panel consisted of Ralph Korn, Risk Manager, Jena Covey, Administrative Assistant, Risk Management, John Stinson, Assistant City Manager and Nelson Smith, Finance Director. Professional Dynamics, Inc. has performed these services for other local public entities, including Self- Insured Schools of California (SISC), as well as the County of Kern for many years with very satisfactory results. June 12, 2007. 9:02AM S:\Ralph\Workers Comp\UR and NCM Renewal.doc ADMINISTRATIVE REPORT Comprehensive Care Systems is a Bakersfield company that does nurse case management services for the County of Kern as well as numerous other California cities and public entities. Both Professional Dynamics, Inc. and Comprehensive Care Systems best met the City of Bakersfield's criteria on experience, price, knowledge of Workers' Compensation law and the Bakersfield medical community. June 12, 2007, 9:02AM S:\Ralph\Workers Comp\UR and NCM Renewal.doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: I~L r. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ June 11, 2007 CITY ATTORNEY VG CITY MANAGER SUBJECT: Amendments to agreement and appropriation of funds to prepare Environme Reports for General Plan Amendment! Zone Change No. 02-0193 (pa Shopping Center). (Ward 7) 1. Amendment No.1 to Agreement No. 05-118 with Michael Brandman and Associates for $475,000.00 for preparation of an Environmental Impact Report for Panama Lane Shopping Center. 2. Appropriate $475,000.00, the developer's contribution to the Development Services operating budget in the General Fund for the EIR consultant. RECOMMENDATION: Staff recommends approval of amendment to the agreement and appropriation of funds. BACKGROUND: As a result of the "Walmart" Appellate decision in 2005, the City proceeded to prepare a new Environmental Impact Report (EIR) for each project site, Gosford Village and Panama Lane. Because extraordinary effort and time is being incurred in preparation for the EIR for the Panama Lane Shopping Center to comply with court orders, additional funds are needed as described in the attached contract augment letter. As with all EIRs, the funds to by the consultant costs and staff's time and materials to process the EIR come from the project applicant. This additional amount of $475,000.00 for the EIR consultant has been deposited by the applicant, Panama 99 LLC. There is money already on deposit to cover staff administrative costs. No City funding is required for this contract. The 37.5-acre project is located on the north side of Panama Lane, via Colony Street, and east of Highway 99. Jeng I S:\p-99\contract\2adm rept amend to agreements.doc June 11, 2007 ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ-. 5. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ June 11, 2007 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Amendment to agreement and appropriation of funds to prepare Enviro en I Impact Reports for General Plan AmendmenU Zone Change No. 02-0030 (Gosford Village) (Ward 5) 1. Amendment NO.1 to Agreement No. 05-117 with Michael Brandman and Associates for $478,500.00 for preparation of an Environmental Impact Report for Gosford Village. 2. Appropriate $478,500.00 the developers' contribution to the Development Services operating budget in the General Fund for the EIR consultant. RECOMMENDATION: Staff recommends approval of amendment to the agreement and appropriation of funds. BACKGROUND: As a result of the "Walmart" Appellate decision in 2005, the City proceeded to prepare a new Environmental Impact Report (EIR) for each project site, Gosford Village and Panama Lane. Because extraordinary effort and time is being incurred in preparation for the EIR for the Gosford Village Shopping Center to comply with court orders, additional funds are needed as described in the attached contract augment letter. As with all EIRs, the funds to by the consultant costs and staff's time and materials to process the EIR come from the project applicant. This additional amount of $478,500.00 for the EIR consultant has been deposited by the applicant, Castle and Cooke. There is money already on deposit to cover staff administrative costs. No City funding is required for this contract. The 73.5-acre project site is located on the northwest corner of Gosford Road and Harris Road. Jeng I S:\GV\contract\2adm rept amend to agreements.doc June 11, 2007 ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: Ia.. t- TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ May 31, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Agreements for preparation of Environmental Impact Report (EIR) for the Pana a1Ashe EIR, General Plan Amendment/Zone Change No. 06-1052 located at the southwest corner of Panama Lane and Ashe Road in southwest Bakersfield. (Ward 6). 1. Agreement with Maurice J. Etchechury, representing the John M. Antongiovani Trust, Inc. ($186,773.00) for the preparation of an Environmental Impact Report (EIR). 2. Agreement with Jones and Stokes Associates, Inc. ($139,800.00) to prepare Environmental Impact Report. 3. Appropriate $139,800.00, (developer's contribution) to the Development Services Operating budget in the General Fund. RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: Maurice J. Etchechury, representing the John M. Antongiovani Trust is proposing a general plan amendment, a concurrent zone change, and approval of commercial development plans on an approximately 18.7 acre site. The project would consist of approximately 146,000 square feet of gross leasable retail space which will consist of 10 buildings containing a grocery store and a second major tenant, five drive-thru restaurants and three single or multiple tenant retail and/or restaurant buildings. The project is located at the southwest corner of Panama Lane and Ashe Road in southwest Bakersfield. Applicant - City Agreement: This agreement acknowledges that Maurice J. Etchechury, representing the John M. Antongiovani Trust will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $186,773.00, which consists of $139,800.00 for the consulting services and $46,973.00 to reimburse the City for its costs and staff time in managing the project. ADMINISTRATIVE REPORT Page' 2 Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 06-1052 by Jones and Stokes Consulting. CG: S:\GPA 111 2008\06-1052 Panama_Ashe\Contracts\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ,. lA, . TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED y/L May 29, 2007 SUBJECT: State Route 178 at Fairfax Road Interchange. (Ward 3) Cooperative Agreement with the State of California Department of Transportation for control of storm water run-off at the new interchange on State Route 178 at Fairfax Road. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The State of California Department of Transportation (Caltrans) and the City of Bakersfield entered into a Cooperative Agreement (No. 06-1354) on March 28, 2007 which addressed the construction responsibilities of the 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 for approximately one mile, from the current end of the freeway east of Oswell Street to east of Fairfax Road. The purpose of this new agreement is to specify terms and conditions for the City and Caltrans regarding the handling of storm water run-off from the new freeway interchange. This project has been designed for the storm water run-off from the interchange to be diverted into an existing City basin. This existing City basin is adequately sized to accept this run-off. A similar type of arrangement for handling storm water run-off along SR 178 west of Fairfax Road currently exists between the City and Caltrans. June 6, 2007, 12:45PM G:\GROUPDAT\ADMINRPT\2007\06-20\178 Fairfax Storm Water Cooperative Agr(3).doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: IJ.. V. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director June 7, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /1/" J <.-..-/. SUBJECT: Design Consultant Contract ($106,640.00) with Meyer Civil Engineerin , Inc. for the preparation of plans, specifications and estimate in accordance with City requirements for the primary channel elements of the Mill Creek Project along the Kern Island Canal (Ward 2). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: A conceptual plan for a 1.5 mile linear park along the Kern Island Canal in downtown Bakersfield, known as the Mill Creek Project, was approved by the City Council in December 2003. Community recommendations for such improvements were generated during the Bakersfield 2020 process. Those ideas were further refined in City sponsored Design Charrettes, where community members recommended extending park improvements along the Kern Island Canal. The Mill Creek Linear Park Project would transform a 1.5 mile portion of the Kern Island Canal, from Golden State Avenue to California Avenue, into a "natural" creek with a walking path, public art, street furniture, lighting, decorative fencing, landscaping, creation of a pond in Central Park, and a new pedestrian plaza at 17th Street and "R" Street intersection. The first phase includes enhanced pedestrian crossing at both 19th and 21st streets as well as work within Central Park. This work will be constructed this fall during the normal canal shut-down. Meyer Civil Engineering has been an integral part of the Mill Creek Project Development. All of the channel improvements and hydraulics were performed by Richard Meyer. Because of this extensive knowledge of the project, staff requested Meyer Civil Engineering to submit a proposal on the first phase. June 8, 2007, 10:46AM RES - PW Engineering G:\GROUPDAliADMINRPT\2007\06-20\Meyer-MiII Creek Design.doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: \.1. "". TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD FROM: William R. Rector, Chief of Police DATE: June 8, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment NO.1 to Agreement 07-016 with Kern County for County Jail Booki Processing Services RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On January 17, 2007 the City and County entered into an agreement in which the City agreed to pay the County $1,080,429 for County Jail Booking and Processing Services rendered in FY2006-07. The total sum was calculated to be 50% of the number of chargeable bookings (13,598) multiplied by the per booking charge ($158.91), per statute. An error has been discovered in the data set used to calculate the chargeable bookings. The correct amount of chargeable bookings is 10,965. This decrease in bookings applied to the formula above results in a decrease of $209,205. The total amount owed to the County from the City for County jail booking and processing services for FY2006-07 should be $871,224. The nature of the error had to do with how the data was filtered and counted. The data set uses one record for every charge, opposed to one record for every booking. Therefore, if a person is booked with multiple charges, then multiple records are generated. When the data was counted, the multiple charges were not filtered out, resulting in a higher count of bookings. This amendment will correct the error and decrease the amount owed to the County. \\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07IADMIN RPT - Amendment to Booking Fee Agt (07-016).doc June 8, 2007, 11 :22AM ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: l.;t. . TO: Honorable Mayor and City Council 6B~VED DEPARTMENT HEAD "Cp CITY ATTORNEY n FROM: Donna L. Kunz, Economic Development Director DATE: June 12, 2007 CITY MANAGER SUBJECT: Senior Housing Project located at 24th and R Streets: 1. Amendment No. 1 to Agreement No. 06-172 with the Housing Authority of the County of Kern ($500,000; revised total $2,000,000 HOME Investment Partnership funds) to construct 60 affordable senior apartments. 2. Appropriate $100,000 prior year Program Income to the Economic and Community Development operating budget with the HOME Investment Partnership Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: On June 6, 2006, the City Council approved an agreement with HACK for $1,500,000 in HOME funds to construct affordable housing units for 60 units of senior housing in the Downtown Redevelopment Project Area, at the corner of 24th and R Streets. The project consists of 56 one-bedroom units and 4 two- bedroom units and will be rented to persons at or below 60% of the area median income. The total cost for the project is approximately $12 million and will be built adjacent to Phase I of the Park Place Senior Housing Project, 80 units of senior housing. HACK has formed a Limited Partnership with Golden Empire Affordable Housing Inc. II, a California nonprofit public benefit corporation for the purpose of developing the senior affordable housing project and applying to the State for low income tax credit (L1TC) financing. HACK has applied twice to the State for competitive L1TC financing and has not been successful. They recently requested an additional $500,000 for a total of $2 million in HOME New Construction monies from the City of Bakersfield for application to the State in July (2007). Based on the evidence they provided us regarding their recent scoring and position last round, it appears they have a reasonably good chance of being funded in July assuming they are able to receive the additional HOME contribution from the City in June. This additional contribution needs to be in the form of a legal commitment from the City. The original agreement of $1.5 M stipulates a loan to HACK at 3% interest and the loan is to be repaid from residual receipts with a promissory note secured by a Deed of Trust on the property for a term of 20 years. The additional commitment of $500,000 will also be a loan with similar underwriting terms and is available from FY 2005-06 New Construction (HOME) program funds and prior year program income. S:\Admins\City Council\City Council Admins 2007\HACK AmendHoAgrmt06-172.doc 6/12/2007 11 :22 AM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 4, 2007 SUBJECT: Amendment NO.1 to Agreement No. 06-158 with Target Specialty Products ( 45,000.00, revised not to exceed $490,000.00 and extending the term for one (1) year) for the Annual Contract for Insecticides and Herbicides. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On June 7,2006, Council awarded the Annual Contract for Insecticides and Herbicides to Target Specialty Products, Fresno, CA, in the amount of $245,000.00. The Agreement includes provisions for extension for four additional one-year terms and price escalation based on the Consumer Price Index or Producer Price Index, whichever is lower. City staff and Target Specialty Products agree to an extension of Agreement with a 2.8% price escalation based on the Consumer Price Index. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment. Purchasing Division OW S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-158, Target Specialty Products, AC Insecticides and Herbicides, June 20, 2007.doc June 7, 2007, 12:45PM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: \;). 'Z- . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 4, 2007 SUBJECT: Amendment No. 1 to Agreement No. 06-179 with Kern Turf Supply ($210,000.00, revised not to exceed $420,000.00 and extending the term for one (1) year) for the Annual Contract for Irrigation Parts and Supplies. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On June 21, 2006, Council awarded the Annual Contract for Irrigation Parts and Supplies to Kern Turf Supply, Bakersfield, in the amount of $210,000.00. The Agreement allows for a one (1) year extension if all parties agree. City staff and Kern Turf Supply agree to an extension of Agreement with a 2.8% price escalation based on the Consumer Price Index. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment. Purchasing Division OW S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-179, Kern Turf Supply, AC Irrigation Parts and Supplies, June 20, 2007.doc June 7, 2007, 2:31PM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: 1.l.C\A,. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 4, 2007 SUBJECT: Amendment No. 3 to Agreement No. 05-065 with San Joaquin Fence and Supply ($100,000.00, revised not to exceed $600,000.00) for the annual contract for fencing. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On February 9, 2005, Council awarded the Annual Contract for Fencing to San Joaquin Fence and Supply, Bakersfield, in the amount of $150,000.00. On March 8, 2006, Council approved Amendment NO.1 adding $150,000.00 and extending the agreement for an additional year. On February 28, 2007, Council approved Amendment NO.2 adding $200,000 and extending the agreement for an additional year. Amendment NO.3 will add $100,000.00 to allow continuation of services until the contract is re-bid in 2008. Sufficient funds are budgeted within the various City departments to cover this contract amendment. Purchasing Division OW S:\PURCHIADMINlAmendments\San Joaquin Fence and Supply, Agreement No. 05-065 AC Fencing, June 20, 2007, #3.doc June 7, 2007, 1:00PM ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: \l.bb. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 4, 2007 SUBJECT: Amendment No. 1 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc. ($175,000.00, revised not to exceed $350,000.00 and extending the term for one (1) year) for the Annual Contract for Irrigation and Landscaping Services. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Irrigation and Landscaping Services to Kern Sprinkler Landscaping, Bakersfield, in the amount of $175,000.00. The Agreement allows for a one (1) year extension if all parties agree. City staff and Kern Sprinkler Landscaping, Inc. agree to the extension of Agreement under the same terms and conditions. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment. Purchasing Division DW S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 06-220. Kern Sprinkler Landscaping, Inc., AC Irrigation and Landscaping Services, June 20, 2007.doc June 7, 2007. 12:49PM ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: lel. (,,0. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED June 4, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No.1 to Agreement No. 06-221 with Pestmaster Services, Inc. ($118,300.00, revised not to exceed $236,600.00 and extending the term for one (1) year) for the annual contract for chemical application. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Chemical Application to Pestmaster Services, Inc., Bakersfield, CA, in the amount of $118,300.00. The Agreement includes provisions for extension for four additional one-year terms and price escalation based on the Consumer Price Index or the Producer Price Index, whichever is lower. City staff and Pestmaster Services, Inc. agree to an extension of Agreement with a 2.8% price escalation based on the Consumer Price Index. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment. Purchasing Division DW S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 06-221, Pestmaster Services, Inc.. AC Chemical Application, June 20, 2007.doc June 7. 2007, 12:58PM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: la.dd. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED June 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 1 to Agreement 06-259 with Griffith Company ( 4,4 5.56 for a revised not to exceed amount of $919,349.56) for the Mountain Vista Drive At Grade Crossing Project (Ward 5) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for construction of a portion of Mountain Vista Drive and installation of a Railroad Crossing. When construction of this project began, it was discovered that a portion of Mountain Vista Drive which was supposed to be constructed by the adjacent development had not been completed. This section of Mountain Vista Drive must be constructed in conjunction with this project in order to provide for a safe roadway. As such, several contract Items must be either increased or decreased to accomplish this work. The net cost of these increased and decreased quantities is $24,455.56. This is the first change order to be submitted for this project. This change order will increase the project total by $24,455.56 (which is an increase of 2.7% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $894,894.00 $919,349.56 $ 24,455.56 . = = Sufficient funds are budgeted to cover this contract change order. G:\GROUPDAliADMINRPT\2007\06-20\CCO 1 Mountain Vista At Grade Crossing.doc SP ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: \a. ee... TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 11, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED //11/ / . SUBJECT: White Lane at State Route 99 Eastbound to Southbound On-ramp Reconstruction (Ward 7): 1. Accept bid and award contract to Griffith Company, ($1,828,105.00). 2. Award Construction Management Agreement with Lim & Nascimento Engineering Corporation ($219,303.00). 3. Appropriate $400,000.00 Transportation Development Fund balance to the Capital Improvement Budget within the Transportation Development Fund to fund this project. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, award of agreement and approval of appropriation. 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. Caltrans has agreed to an interim solution to allow a one year postponement of improvements to this ramp so that a proper design could be prepared. This project will reconstruct the Eastbound to Southbound on-ramp to meet current Caltrans standards. Because there is no available Staff with expertise in freeway ramp construction management, an outside consultant would need to be hired for both preconstruction coordination as well as the Construction Management (CM) services. In May, 2007, a Request for Proposal (RFP) was sent out to two construction management firms: Lim & Nascimento (LAN Engineering) and PARSONS. These two firms were invited to submit proposals because of the specialized nature of this work involving freeway on-ramp reconstruction, coordination with CalTrans under an encroachment permit, and thorough knowledge of CalTrans standards, specifications, and construction policies. In addition, both of these firms are currently performing satisfactory CM work for the City and other local firms do not have staff with this type of experience. On May 31, 2007, the City reviewed the proposal submittals of the two qualified firms. These firms were then ranked according to their qualifications, availability and technical proposals. The Selection June 11, 2007, 10:50AM G:\GROUPDAnADMINRPT\2007\06-20\White Lane at SR 99 on-ramp re write.doc ADMINISTRATIVE REPORT Committee, consisting of three Public Works staff, recommends award to Urn and Nascimento Engineering Corporation based on their .combination of qualifications and fee proposal being the most favorable to the City. On May 23,2007, two acceptable bids were received as follows: Griffith Company 1898 S. Union Avenue. Bakersfield, California 93307 (City) in the amount of $1 ,828,105.00 Granite Construction 3000 James Road Bakersfield, California 93308 (County) in the amount of $2,066,260.00 (Typist's Initials lower case) June 11, 2007, 10:50AM G:\GROUPDAl\ADMINRPT\2007\06-20\White Lane at SR 99 on-ramp re write.doc ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: \~.~. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED June 7, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Annual Contracts for Pre-Employment Background Investigations for the Police Department (Citywide) 1. Accept proposal and award contract to B& T Investigations (not to exceed $80,000.00) for the annual contract for pre-employment background investigations (in-state applicants) for the Police Department. 2. Accept proposal and award contract to US Investigations Services, LLC (not to exceed $20,000.00) for the annual contract for pre-employment background investigations (out- of-state applicants) for the Police Department. RECOMMENDATION: Staff recommends acceptance of the proposals and award of contracts with the option to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms. BACKGROUND: A public hearing was conducted at the City Council meeting on October 25, 2006 to consider the proposed budget for the 2006 Supplemental Law Enforcement Services Funding (SLESF) monies awarded to the Bakersfield Police Department. The budget was approved by Council, and the monies were appropriated into the SLESF Operating Budget. Of the monies budgeted in this grant, $100,000 was earmarked for contracted pre-employment background investigations. Requests for Proposals were sent to over one hundred (100) companies for providing an Annual Contract for Pre-Employment Background Investigations for the Police Department. The scope of work for this project includes providing pre-employment background investigations for police officer applicants and other Police Department positions. Five proposals were received in response to solicitation. The proposals submitted by B&T Investigations, Bakersfield, CA and US Investigations Services, LLC, (USIS) Falls Church, VA, provide the most comprehensive solutions and best value to the City. B&T Investigations will primarily be used for in-state applicants and USIS will be used primarily for out-of-state applicants. The contracts are renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Purchasing Division OW S:\PURCH\ADMIN\AC for Pre-Employment Background Investigations for the Police Department, 06-07-96, June 20, 2007.doc Created on 6/7/2007 4:34 PM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: la. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED June 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Jim Alfter Cement Contractor (not to exceed $2,000,000) for the annual contract for concrete construction. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract with the option 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 Concrete Construction. Jim Alfter Cement Contractor, Bakersfield, submitted the sole bid in the amount of $3,804,000. Pricing submitted is approximately 14% greater than the prices bid for the last contract which was awarded in July 2005. In the time since the contract was last bid, prevailing wage rates have increased approximately $4.00 per hour and cement has increased from $50/yard to $80/yard. As such, staff finds the bid to be acceptable. The bid submitted by the contractor is based on the City's estimate of work to be completed multiplied by contractor's unit prices. The actual budget available for the work is $2,000,000. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Memo attached. Purchasing Division OW S:\PURCH\ADMIN\AC for Concrete Construction, 06-07-104, Jim Alfter Cement, June 20, 2007.doc June 13, 2007, 11:51AM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: lJ... h h. TO: Honorable Mayor and City Council FROM: DATE: Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 7, 2007 7/ l/ SUBJECT: Accept proposal and award contract to KSS Systems, Inc. dba Kern Security atrol (not to exceed $70,000.00) for the annual contract for park security services. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract and with the option to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable terms. BACKGROUND: Requests for Proposals were sent to twenty-one (21) security services companies for providing security and patrol services for designated City parks. The scope of work for this project includes providing the uniformed security guard patrol services for designated city parks. Six proposals were received in response to solicitation. The proposal submitted by KSS Systems, Inc, dba Kern Security Patrol, Bakersfield, provides the most comprehensive solution and best value to the City. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Purchasing Division DW S:\PURCHIADMIN\AC for Park Security Services, 06-07-34, June 20, 2007.doc Created on 6/7/2007 4:41 PM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: I~. j i. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER June 6, 2007 SUBJECT: Accept bid and award contract to Zim Industries, Inc, dba Bakersfield Wel and Pump Company (not to exceed $100,000) for the annual contract for maintenance and repair of the Olcese wells. (Ward 4) RECOMMENDATION: Staff recommends acceptance of bid and award of contract with the option 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 sixty (160) contractors for the Annual Contract for Maintenance and Repair of the City's Olcese Wells. Two acceptable bids were received and are as follows. In order to evaluate bids, two repair scenarios were included in the bid specifications. Additionally, contractors were required to provide hourly rates for various services related to the repair and maintenance of the wells. The bid prices provided below are based on the repair scenarios; however the actual budget available for the on-call, as-needed work is $100,000. BIDDER AMOUNT $47,155.95 Zim Industries, Inc. Dba Bakersfield Well & Pump Co. Bakersfield, CA S.A. Camp Pump Company Bakersfield, CA $84,379.65 Staff finds the low bid submitted by Zim Industries dba Bakersfield Well and Pump Company to be acceptable. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Purchasing Division OW S:\PURCH\ADMIN\AC for Maintenance and Repair of Olcese Wells, 06-07-95, Zim Industries, June 20, 2007.doc June 7. 2007, 4:35PM ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Consent Calendar ITEM: IJ... \(l(, TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED June 6, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Flo-Systems, Inc. ($101,244.00) for a self cleaning Station NO.5. (Ward 1) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to Bid were sent to over two-hundred suppliers and contractors for providing a self-cleaning lift station for installation by the City at the new location for Fire Station No. 5 on East White Lane. Flo-Systems, Inc. submitted the sole bid and staff finds the bid to be acceptable. Memo attached. Purchasing Division OW S:\PURCHIADMIN\Self-Cleaning Lift Station for Fire Station No.5, 06-07-107, June 20, 2007.doc Created on 6/7/2007 2:25 PM 'C-.- -~ ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Consent Calendar ITEM: lel. I \. TO: FROM: DATE: Honorable Mayor and City Council \. ) Javier Lozano, Human Resources Manage'\Yi'oEPARTMENT HEAD June 7, 2007 CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Revised Job Specifications: Blue & White Collar: General Supervisory: Management: Administrative Analyst II Development Assistant Development Associate Fire Plans Examiner HR Analyst I and II Administrative Analyst III HR Supervisor Assistant to the City Manager Fleet Superintendent General Services Superintendent Solid Waste Superintendent Street Maintenance Superintendent Wastewater Treatment Superintendent RECOMMENDATION: Staff recommends approval. BACKGROUND: As part of the Recruitment and Retention Strategy, all department heads have reviewed the job specifications in their respective departments to determine if allowing the substitution of experience for education in the minimum qualifications for the job would assist in recruitment efforts. This has been conducted to address the recruitment, retention and succession planning challenges facing the City. Allowing the substitution of qualified experience for education will increase the number of qualified applicants for vacant positions, provide career ladders for existing employees, and reduce the difficulties the City has experienced in recruiting and retaining good employees. The City has met with the SEIU representatives and they concur with the proposed revisions for the Blue & White Collar job specifications. There is no budgetary impact as the salaries will remain the same. All of the revised job specifications, except Fire Plans Examiner, will be presented to the Miscellaneous Civil Service Board at their June 19, 2007 meeting. The Fire Plans Examiner job specification will be presented to the Fire Civil Service Board at their June 11, 2007 meeting. The Personnel Committee has reviewed and approved the concept. Om.) June 7, 2007, 3:36PM S:\Admin Reports - 2007\Education-Experience Substitution ProjectlAdmin Report - Education Experience Substitution.dot ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGEND1A SECTION: Consent Calendar ITEM: 1,1. mm . TO: FROM: DATE: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks APPROVED June 8, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Recreation and Parks Master Plan RECOMMENDATION: Staff recommends that the draft 2007 Recreation and Parks Master Plan be referred to the Community Services Committee for review prior to City Council approval. BACKGROUND: The consultants for the Recreation and Parks Master Plan began work in 2006. Their scope of work has now been completed and is ready for City Council review. Public input included two public meetings, an extensive city wide survey, interviews with staff, stakeholders, interest groups, and sports groups. The result is a 181-page document consisting of six chapters which analyze existing programs and facilities. It provides recommendations for planning for the next five years based on the public input. In addition, the document includes a twenty five page executive summary, a glossary of terms, and appendices of the public input process. June 8, 2007, 11 :20AM:saf S:\2007 Admins\Rec & Parks Dept. Master Plan 07.doc c"l ~ 0 ADMINISTRATIVE REPORT " MEETING DATE: June 20, 2007 Hearings TO: Honorable Mayor and City Council DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving the issuance of California Statewide Communities ~el pment Authority Insured Revenue Bonds for National Health Services, Inc. for the purpose of financing and refinancing the acquisition, construction, renovation, improvement and equipping of certain medical and health related facilities and certain other matters relating thereto located at 3409 Calloway Drive, #300. (Ward 4) FROM: DATE: Donna L. Kunz, Economic Development Director May 21,2007 RECOMMENDATION: Staff recommends adoption. BACKGROUND: The City of Bakersfield is being asked to adopt a resolution approving of tax-exempt revenue bonds by California Statewide Communities Development Authority (Authority) in an aggregate principal amount not to exceed $20.0 million, to assist National Health Services, Inc. for the purchase and rehabilitation of a facility in the City of Bakersfield. Such approval is required for compliance with the federal tax laws under the Tax and Equity Fiscal Responsibility Act of 1982 ("TEFRA"), as well as Section 9 of the Authority's Amended and Restated Joint Powers Agreement (the" Agreemenr). National Health Services, Inc. has been providing healthcare services to the people of Kern County for more than 29 years. Through their 11 facilities in Kern County, National Health Services, Inc. provided healthcare and dental care to more than 46,000 individuals in the 2006 calendar year. The proceeds from the bonds will be used to finance the acquisition and rehabilitation of the Rosedale Community Health Center. National Health Services, Inc. will purchase an existing 4,200 square foot facility and perform interior upgrades to be completed by the end of July in 2007. The address for the new facility in the City of Bakersfield is 3409 Calloway Drive #300, Bakersfield. Additionally, National Health Services, Inc. will use the funds from this bond issuance to refinance a facility in the City of Wasco, refinance and construct 3 facilities in Shatter, and enable the construction of a new facility in the City of Ridgecrest. The City of Bakersfield is not being asked to approve the financing with regards to the facilities located outside the City of Bakersfield. Separate TEFRA Hearings are scheduled with the cities of Ridgecrest, Shatter, and Wasco to cover those facilities. S:\Admins\Clty Councll\City Council Admins 2oo7\TEFRA Natlonal.doc 5/21/20071:18 PM ADMINISTRATIVE REPORT Page 2 The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. The City will not be under anv obliaation to repay the Bond indebtedness. In order for the Authority to issue such Bonds, the City must (1) conduct a public hearing allowing members of the public to comment on the proposed Project, and (2) approve of the Authority's issuance of Bonds on behalf of the proposed financing. Although the Authority (not the City) will be the issuer of the tax-exempt revenue bonds for the Project, the financing cannot proceed without the City becoming a member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the Authority's issuance of indebtedness. The Authority is a California joint exercise of powers authority, organized and existing under the laws of the State of California (specifically, California Government Code Section 6500 and following), and is sponsored by the League of California Cities and the California State Association of Counties. Under the California Government Code, cities and counties are authorized to form by agreement a governmental entity that combines the powers of such entities to perform certain governmental functions specifically outlined in the Agreement. With respect to the Authority, over 460 California cities, counties and special districts have entered into and executed the Agreement to become a member of the Authority, including the City of Bakersfield. The Authority is authorized to assist in the financing of 501 (c)(3) nonprofit projects. There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt revenue bonds are payable solely out of the revenues derived by the Borrower from the applicable Project. No financial obligations are placed on the City for project financing costs or debt repayment. S:\Admins\City Councll\City Council Admins 2007\TEFRA Natlonal.doc 5/21120071:18 PM ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Hearing ITEM: 12. b. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD May 15, 2007 CITY ATTORNEY CITY MANAGER APPROVED ItIJ / L "--"'- ti ........ SUBJECT: Public hearing as required by Resolution of Intention No. 1537 declaring t Cit 's intention to order the establishment of Underground Utility District No.2, Division 3 (Sports Village). 1. Resolution establishing Underground Utility District No.2, Division 31 (Sports Village ). RECOMMENDATION: Staff recommends overriding protests and adopting Resolution establishing Underground Utility District No.2, Division 31 (Sports Village). BACKGROUND: The City Council approved Resolution of Intention No. 1537 on June 6, 2007 which set the public hearing for June 20, 2007. The hearing has been duly advertised and the property owners notified as required by law. This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. All overhead lines in the area bounded by McCutchen Road on the north, Ashe Road on the east, Taft Highway on the south, and Old River Road on the west shall be removed and relocated underground. The district will be constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be used, if necessary, to pay for private panel conversions. mps June 12, 2007, 2:29PM G:\GROUPDAT\ADMfNRPT\2007\06-20\Sports Village Underground Estab.doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Hearings ITEM: IQ. c... . TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD ," J May 24, 2007 CITY ATTORNEY CITY MANAGER I SUBJECT: Hearing as required by Resolution of Intention No. 1536 regarding the Miramont~ Dr, ve Chase Planned Major Thoroughfare Area (Ward 3). ' 1. Resolution of the City of Bakersfield Adopting the Miramonte Drive-Chase Planned Major Thoroughfare Area and Making Findings Thereto. 2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. (Second reading) RECOMMENDATION: Staff recommends overriding protests and adoption of Resolution and Ordinance. BACKGROUND: First reading of the ordinance was given on June 6, 2007. The City proposes to extend Miramonte Drive south to Chase Avenue and to extend Chase Avenue west to Comanche Drive. These extensions will provide the residents of the Rio Bravo Area with a much needed connection to Comanche Road and State Highway 58. Construction of this road connection was a requirement of the property owner (Arnold Pettit) of Section 23, T.29 S., R.29 E., M.D.M., and the subdivider of Tentative Tracts 6839 through 6844 (GFC Properties LLC). Other properties being developed in the Rio Bravo area have been required to participate or contribute to the cost of construction of this thoroughfare. As a part of the condition of GPA/ZC 05-0875 on Section 23, the City agreed to assist the owner in a method to reimburse him for the cost of acquiring right of way, design of improvement plans and construction of Miramonte Drive and Chase Avenue as outlined above. A Bridge and Thoroughfare District is the method which will accomplish this goal. The Bridge and Thoroughfare District will require payment of the proportionate share of cost of the road of all undeveloped properties within the benefited area upon their development. A summary of the subject items follows: Subject NO.1: The hearing is in regard to the adoption of the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area. Subject NO.2: The Resolution Adopts the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area. Subject No.3: The Ordinance adds the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area to Section 16.32060 of the Bakersfield Municipal Code. mps June 12, 2007, 2:30PM G:\GROUPDA l\ADMINRPT\2007\06-20\Miramonte-Chase Adopt.doc ADMINISTRATIVE REPORT MEETING DATE: June 20,2007 AGENDA SECTION: Hearings ITEM: ILt.lA. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD May 31,2007 CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider an appeal by Timothy A Chandler of approval y PI Commission of Tentative Parcel Map 11473 located at the northwest corner East Pacheco Road and Cottonwood Road. (Appellant: Timothy A Chandler; Engineer: Jerry Hendricks) (Ward 1) 1. Resolution upholding the decision of the Planning Commission, denying the appeal, and approving Tentative Parcel Map 11473. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: On April 30, 2007, Timothy A Chandler submitted a letter requesting an appeal of TPM 11473 citing concerns such as noticing, environmental issues, incompatibility, and Commission Rules and Regulations. On April 19, 2007, the Planning Commission approved Tentative Parcel Map 11473 which is located at the northwest corner of East Pacheco Road and Cottonwood Road. The tentative parcel map consists of two parcels on 39.88 acres, including one 22.21 acre parcel for multiple family residential purposes zoned R-2 (Limited Multiple Family Dwelling) (Parcel 1) and one 17.67 acre parcel for industrial purposes zoned M-1 (Light Industrial) (Parcel 2). Proposed Tentative Parcel Map 11473 is the latest of several actions taken on the subject property. On March 15, 2007, GPAlZC 05-1561 was approved amending the land use from HI (Heavy Industrial) to LI (Light Industrial) and changing the zone from M-3 (Heavy Industrial) to M-1 (Light Manufacturing) on Parcel 2 of TPM 11473, which is the western 17.67 acres of the project site. On February 2, 2006, Vesting Tentative Tract 6514 was approved containing 111 lots for single family residential purposes, a sump lot on 22.12 acres, and a designated remainder on 17.6 acres (total 39.88 acres) zoned R-2 (Limited Multiple Family Dwelling). On November 16, 2005, GPAlZC 05- 0412 was approved amending the land use from HI (Heavy Industrial) to LMR (LbW Medium Density Residential) on 17.1 acres and from P (Public Facilities) to LMR on 5.5 acres and changing the zone from M-3 (Heavy Industrial) to R 2 (Limited Multiple Family Dwelling) on the 22 acres comprising Parcel 1 of TPM 11473. Prepared by m.adams \ S:\Dana\ADMINS\2007IJune\6-20 appeal. doc 5/15107 Page 1 ADMINISTRATIVE REPORT During the Planning Commission hearing on April 19, 2007, the appellant stated he felt this project was piecemeal and lacked a coherent plan. Mr. Chandler stated joint coordination between County and City should exist to address development in this area. The project's engineer, Jerry Hendricks, spoke and stated Tentative Parcel Map 11473 does not involve changing the zone. Mr. Hendricks explained the odd shaped parcels are due to the proximity to the Bakersfield Municipal Airport, part of which (Parcel 2) does not permit residential development. Mr. Hendricks further stated a future sewer main along Cottonwood Road would provide sewer forr this development and would help improve the area. The Planning Commission voted to approve proposed Tentative Parcel Map 11473 with conditions as recommended by staff. ENVIRONMENTAL REVIEW AND DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original projects (GPAlZC 05-1561 and GPAlZC 05-0412) of the subject property and a Negative Declaration was adopted on March 15,2007, and November 16, 2005, respectively. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. It is staffs opinion that a considerable amount of environmental analysis has taken place with regard to the project's suitability and impact on the surrounding area during the processing of the above referenced approvals for the project site, including Tentative Parcel Map 11473. Therefore, staff recommends approval of Tentative Parcel Map 11473 subject to conditions of approval contained in Exhibit "1". CONCLUSION: Staff recommends City Council deny the appeal, uphold the Planning Commission's decision, and approve Tentative Parcel Map 11473. Prepared by m.adams \ S:\DanaIADMINS\2007Uune\6-20 appeal. doc 5/15107 Page 2 e ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Deferred Business ITEM: Ilt. 0... TO: Honorable Mayor and City Council APPROVED DATE: June 14, 2007 CITY ATTORNEY FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD CITY MANAGER SUBJECT: Fiscal Year 2007-08 Budget: 1. Resolution Approving and Adopting the City of Bakersfield Operating and Capital Improvement Budget. 2. Resolution Approving and Adopting the Operating and Capital Improvement Budget for the Bakersfield Redevelopment Agency. 3. Resolution Establishing the City of Bakersfield Appropriations Limit. RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: Attached are the resolutions adopting the Fiscal Year 2007-08 City of Bakersfield and Bakersfield Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets which total $759,674,266. The proposed budgets reflect the operating and capital expenditures for the 2007-08 fiscal year. They include the addition of 41 positions to address community growth and the funding of various capital improvements including street and road resurfacing, park and recreational facilities, and the expansion of Wastewater Treatment Plant No.3. The City of Bakersfield budgets total $740,616,813, with the Operating Budget including transfers totaling $365,491,726, and the Capital Improvement Budget totaling $375,125,087. The Bakersfield Redevelopment Agency budgets total $19,057,453 with the Operating Budget totaling $17,657,453, and the Capital Improvement Budget totaling $1,400,000. The proposed Capital Improvement Budget reflects several changes from the Proposed Fiscal Year 2007- 08 budget presented to the City Council on May 9, 2007. The first is a modification for the Westside Parkway project which currently includes no additional funding for FY 2007-08. The CTC has recommended STIP Augmentation funds be used for the Westside Parkway in the amount of: $10.5 million for design and preparation of construction documents; $6.2 million for right-of-way acquisition; and, $54.3 million for JWS:rk 6/14/2007 9:37 AM S:\07-08BUDFINAL\Resolutions\07-08 Budget Adoption Admin - 062007.doc ADMINISTRATIVE REPORT Page 2 construction of the Mohawk portion of the project. Staff has recommended these funds be included in the City's proposed FY 2007-08 CIP bUdget. The second is a modification for the SR178 at Fairfax Road Interchange project. Staff has recommended that $25.3 million of federal TRIP funds and $4.0 million of non-federal matching TDF funds be allocated in the proposed FY 2007-08 CIP budget for construction of this project. The project is currently advertising for bids, which are due the end of June. The third is the addition of three traffic signals, which are on the most recent Signal Warrant Study prepared by the Traffic Engineer's office, at a total amount of $600,000. The proposed funding sources for these three signals are as follows: $200,000 in Transportation Impact Fee funds for Brimhall Road at Verdugo Road; $200,000 in Transportation Impact Fee funds for Noriega Road at Verdugo Road; and, $200,000 in Capital Outlay Funds for Panorama Drive at Meadow Vista Street. Additionally, Councilmember Sullivan requested that staff consider funding for several Councilmembers to visit Sister City Bucheon, South Korea. The final budget recommended above includes the transfer of $6,500 from Council Contingency to the City Council budget sufficient for three Councilmembers to participate in the upcoming Sister City visit. The resolution adopting the Fiscal Year 2007-08 Appropriations Limit of $249,728,547 is also included with this administrative report, for Council consideration and adoption as required by State law. The City's appropriations which are subject to the limit total $144,718,280. Therefore, the proposed appropriations are significantly below the maximum limit allowed by State law. ADMINISTRATIVE REPORT MEETING DATE: June 20, 2007 AGENDA SECTION: Defer (ed EusifllSS ITEM: g". b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED June 11, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER f. SUBJECT: Accept bid from Quinn Company in the amount of $295,004.00 for ~ excavator. (Citywide) .. RECOMMENDATION: Staff recommends acceptance of bid from Quinn Company. BACKGROUND: Invitations to bid were sent to forty five (45) suppliers for one (1) hydraulic excavator to be used by the Public Works and Water departments. Two bids were received, but one of the bidders was remov~d from consideration because they did not comply with the bid specification requirement to provide for a service facility within a fifty (50) mile radius. On June 6, 2007, this item was brought before Council recommending acceptance of the bid from Quinn Company, Bakersfield for one (1) hydraulic excavator. Western Traction II, who had submitted the other bid for the excavator, submitted a written protest of the award to Quinn Company and spoke before the City Council during the public comment section of that meeting. Councilmember Carson requested that the item be removed from the agenda and deferred to the June 20, 2007 Council meeting for consideration at that time. The written objection filed by Western Traction II (copy attached) questions the importance of the service facility location and questions why they were requested to provide a demonstration of the machine when staff knew that their service facility was outside the 50 mile radius. A written response to the bidders objection letter was provided to the Council by Public Works just prior to the June 6 meeting. The Public Works memo (copy attached) explains the importance of having a service facility within a certain radius to expedite equipment repairs, especially if the equipment were being used to respond to an emergency situation such as a canal or sewer repair. The memo also explains that staff verbally expressed their concerns regarding the location of Western Traction II's service facility, but after such warning the vendor was still willing to provide a demonstration of the equipment. Given the vendors response, staff was hopeful that the vendor would provide for a maintenance facility within the stipulated 50 mile radius. Copies of the vendor objection letter and the response from Public Works are attached for your review and consideration. Purchasing Division OW S:lAdminlAdmin Reports\Hydraulic Excavator, 06-07-83, Quinn Company, June 6 & 20, 2007.doc MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MAY 14,2007 City Council Chambers 1501 Truxtun Avenue Department Budget Presentation Meeting - 12:00 noon BUDGET MEETING ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice Mayor Hanson, Councilmembers Carson, Benham (seated at 1 :23 p.m.), Weir, Couch, Scrivner Absent: Councilmember Sullivan 2. DEPARTMENT BUDGET PRESENTATIONS a. General Government Assistant City Manager Stinson gave a computer presentation and provided handouts. Vice-Mayor Hanson requested information regarding Risk Management staffing, Operating Budget and IT staffing. Assistant City Manager Stinson responded. Councilmember Carson requested staff explore avenues to provide shared staffing for the City Council. Councilmember Couch requested information regarding disposal of used City computers. IT Director Trammell responded. Councilmember Couch requested a line-item breakdown for League of California Cities dues. Councilmember Couch requested an update regarding movement towards occupying the Borton Petrini Building and the proposed configuration of offices within the building. Bakersfield, California, May 14, 2006 - Page 2 2. DEPARTMENT BUDGET PRESENTATIONS continued b. Fire Department Fire Chief Fraze gave a computer presentation and provided handouts. Councilmember Carson requested information regarding equipment and staffing standards being met. Fire Chief Fraze responded. Councilmember Weir requested information regarding the reason for a substantial payroll budget increase when only one person is being added to the staff. City Manager Tandy responded. Councilmember Couch requested elaboration regarding the Council promise that staffing levels would be restored to the full compliment as soon as possible. Fire Chief Fraze responded. Councilmember Couch requested he be apprised of changes in disaster preparedness procedures when they occur. Councilmember Couch requested information regarding the NIMS Program. Fire Chief Fraze responded. c. Economic and Community Development Department Economic and Community Development Director Kunz and Assistant Development Director Barnhard gave a computer presentation and provided handouts. Councilmember Carson requested information regarding down payment assistance for buyers at The Cottages. EDCD Director Kunz responded. Councilmember Carson requested information regarding General Funds allocated to EDCD and debt service for Section 108. EDCD Director Kunz and Assistant EDCD Director Barnhard responded. Councilmember Carson requested information regarding areas where HOME Assistance Funds may be used. EDCD Director Kunz responded. ACTION TAKEN Bakersfield, California, May 14, 2006 - Page 3 2. DEPARTMENT BUDGET PRESENTATIONS continued Item 2.c. continued Vice-Mayor Hanson requested information regarding the slow-down in the housing market and the effect on The Cottages project. EDCD Director Kunz responded. Councilmember Couch inquired whether any programs would be available for use in Ward 4. EDCD Director Kunz and City Manager Tandy responded. d. Finance Department Finance Director Smith gave a computer presentation and provided handouts. e. Police Department Police Chief Rector gave a computer presentation and provided handouts. Captain Taylor and Assistant Chief Lynn provided additional comments. Councilmember Carson regarding additional PSTs. responded. requested information Police Chief Rector Councilmember Carson made comments regarding funding of anti-gang efforts. Police Chief Rector responded. 3. PUBLIC STATEMENTS None. 4. ADJOURNMENT Meeting was adjourned by Mayor Hall at 1:54 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 MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JUNE 4, 2007 City Council Chambers 1501 Truxtun Avenue Department Budget Presentation Meeting - 12:00 noon BUDGET MEETING ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Weir (seated at 12:01 p.m.), Couch (seated at 12:05 p.m.), Sullivan (seated at 12:01 p.m.), Scrivner Absent: Vice-Mayor Hanson 2. DEPARTMENT BUDGET PRESENTATIONS a. City Attorney City Attorney Gennaro provided handouts, gave a computer presentation and introduced Andrew Cadriel, the new Accounting Clerk in the City Attorney's office. b. Recreation and Parks Recreation and Parks Director Hoover gave a computer presentation and provided handouts. Councilmember Couch requested information regarding Aera Park and the relationship of the North of the River Recreation and Parks District to the park. Recreation and Parks Director Hoover responded. Councilmember Couch requested information regarding landscaping maintenance. Recreation and Parks Director Hoover responded. Bakersfield, California, June 4, 2007 - Page 2 2. DEPARTMENT BUDGET PRESENTATIONS continued Item 2.b. continued Councilmember Couch made comments regarding informational meetings for the purpose of receiving neighborhood input on the topic of design, layout, lighting, parking, landscaping, etc. for the new Aera Park. Councilmember Sullivan requested information regarding tree placement. Recreation and Parks Director Hoover responded. Councilmember Weir requested information regarding the breakdown in personnel costs from last year to this year. Recreation and Parks Director Hoover will provide the information. Councilmember Carson requested information regarding the Movies in the Park Program. Recreation and Parks Director Hoover responded. Councilmember Carson requested information regarding the roller facility at Saunders Park. Recreation and Parks Director Hoover responded. Councilmember Carson requested a report on the feasibility of negotiating with the County to take over Casa Loma Park. Councilmember Benham requested an update regarding the proposed expansion of the skate park at Beach Park. Recreation and Parks Director Hoover responded. Councilmember Benham requested information regarding the status of the pool in Jastro Park. Recreation and Parks Director Hoover responded. Councilmember Couch made comments regarding the 1.5 million dollar increase in the Recreation and Parks budget and the relationship to development fees. Mayor Hall requested information regarding the highlights of the survey conducted by the Recreation and Parks Department. Recreation and Parks Director Hoover responded. ACTION TAKEN 2. Bakersfield, California, June 4, 2007 - Page 3 DEPARTMENT BUDGET PRESENTATIONS c. Public Works Public Works Director Rojas provided a computer overview and furnished handouts. Engineer Arnold Ramming gave the CI P presentation. Councilmember Couch requested information regarding the following issues: . Location of the Ming Ave. and River Run signal . Location of the Allen Rd. Bridge . The feasibility of right hand turn pockets westbound Stockdale Hwy. to northbound Coffee Rd. . The feasibility of routing the Mohawk Bridge to Coffee Rd and Coffee to Calloway . Grade Separation over Rosedale Hwy. at Landco . Design and construction of signal at Brimhall and Verdugo Public Works Director Rojas and City Manager Tandy responded. Councilmember Carson requested information regarding the source of the 1.3 million dollars for the airport. Public Works Director Rojas responded. Councilmember Carson requested information regarding hangars at the airport. Public Works Operations Manager Underwood responded. Councilmember Benham requested information regarding the current construction on Coffee Rd. and access to the Frugatti's shopping center. Public Works Director Rojas responded. Councilmember Benham requested information regarding egress toward the downtown area from the shopping center at the northwest corner of Stockdale Hwy. and Coffee Rd., informational signage regarding the project and communicating with affected business owners regarding the progress of the project. Public Works Director Rojas responded. ACTION TAKEN Bakersfield, California, June 4, 2007 - Page 4 2. DEPARTMENT BUDGET PRESENTATIONS continued Item 2.c. continued Councilmember Benham requested information regarding the railroad Quiet Zones as it relates to the Public Works street improvement projects and any potential liability. City Attorney Gennaro will explore the issue and provide an opinion. Mayor Hall requested information regarding the finished size of the roadway near the old Mesa Marin site and need for possible property acquisition action. Engineer Ramming responded. d. Water Resources Water Resources Manager Core gave a computer presentation, provided handouts and distributed bottled water. Business Manager Randall provided and overview of the Domestic Water Division budget. Councilmember Couch requested information regarding use of revenues derived from agricultural water. Water Resources Manager Core responded. Councilmember Carson requested rate information. Water Resources Manager Core and City Manger Tandy responded. Councilmember Benham requested information regarding the level of water in the river necessary to assure river water flow through the City during the summer months. Water Resources Manager Core responded. Councilmember Sullivan requested information regarding flat rate water charges and metered water charges. Water Resources Manager Core responded. e. Development Services Development Services Director Grady gave a computer presentation and provided handouts. Planning Director Movius gave a computer presentation on the Planning Division budget. ACTION TAKEN Bakersfield, California, June 4, 2007 - Page 5 2. DEPARTMENT BUDGET PRESENTATIONS continued Item 2.e. continued Building Director Burns gave a computer presentation on the Building Division budget. Development Services Director Grady summarized the Development Services presentation. Councilmember Couch requested information regarding the handling of code enforcement violations when the offending property is held by a financial institution, at what point a property is deemed in need of abatement and if there is a way to fast track those properties. Building Director Burns responded and Development Services Director Grady responded. Councilmember Couch requested information regarding implementation of new Park and Trails Plans spurring off the existing bikepath. Development Services Director Grady, City Manager Tandy and City Attorney Gennaro responded. Councilmember Couch requested the Planning and Development Committee address implementing new Park and Trails Plans spurring off the existing bikepath. Councilmember Benham requested information regarding establishing Code Enforcement standards for properties in possession of financial institutions. Councilmember Benham requested the Legislation and Litigation Committee address the issue of establishing Code Enforcement standards applying to properties owned by financial institutions. Councilmember Benham requested information regarding efforts to achieve Council Goals relating to strategies to reduce consumption of prime agricultural land and development of policies for specific incentives for residential infill in blighted areas. Development Services Director Grady responded and will provide further information. Councilmember Carson requested information regarding limiting the number of group homes. Development Services Director Grady responded and will provide more information at a later date. ACTION TAKEN Bakersfield, California, June 4, 2007 - Page 6 3. PUBLIC STATEMENTS None. 4. ADJOURNMENT Meeting was adjourned by Mayor Hall at 2:49 p.m. MA VOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 6, 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, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: Vice-Mayor Hanson 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Budget Presentation for Rabobank Arena, Theater and Convention Center. Rabobank Arena, Theater and Convention Center and Ice Sports Center General Manager Womack made a computer presentation and provided handouts. 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Two cases) Bakersfield, California, June 6, 2007 - Page 2 4. CLOSED SESSION continued b. Conference with Legal Council- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v City of Shatter, et al Kern County Superior Court Case No. S- 1500-CV-260277 -RJO 2. City v North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW 3. City v Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384-LPE 4. Thomas Teagarden v City, Bakersfield Police, et al USDC, Eastern District, Case NO.1 :07-CV-00054-AWI-TAG Motion by Councilmember Couch to adjourn to Closed Session at 5:26 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6:44 p.m. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Weir, Sullivan, Scrivner Absent: Vice-Mayor Hanson 6. INVOCATION by Pastor Curtis Richardson, Open Door Church of God in Christ. 7. PLEDGE OF ALLEGIANCE by Evie Enderle, 5th Grade Student at Leo B. Hart Elementary School. Mayor Hall acknowledged Boy Scout Troup 44 in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Two cases) ACTION TAKEN APPROVED APPROVED CITY MANAGER GIVEN DIRECTION Bakersfield, California, June 6, 2007 - Page 3 8. CLOSED SESSION ACTION continued b. Conference with Legal Council- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v City of Shatter, et al Kern County Superior Court Case No. S- 1500-CV-260277-RJO 2. City v North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW City v Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384-LPE 3. 4. Thomas Teagarden v City, Bakersfield Police, et al USDC, Eastern District, Case NO.1 :07-CV-00054-AWI-TAG Regarding item 4.b.4., City Attorney Gennaro announced that on March 28, 2007, Council unanimously authorized the City Attorney to settle the matter for $250,000. 9. PRESENTATIONS None. 10. PUBLIC STATEMENTS a. Mark Trainor on behalf of Western Traction II, to protest the bid award for a hydraulic excavator. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 23, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from May 11 , 2007 to May 24, 2007 in the amount of $11,062,420.23 and self-insurance payments from May 11, 2007 to May 24, 2007 in the amount of $320,537.13. ACTION TAKEN CITY MANAGER AND CITY A TTORNEY GIVEN DIRECTION NO REPORTABLE ACTION NO REPORTABLE ACTION SETTLEMENT ANNOUNCED ABS WEIR 12. Bakersfield, California, June 6, 2007 - Page 4 CONSENT CALENDAR continued Ordinances: c. First Reading of Ordinances regarding Redevelopment Legislation - SB 53 and SB 1809: 1. Downtown Redevelopment Project Area 2. Old Town Kern - Pioneer Redevelopment Project Area 3. Southeast Bakersfield Redevelopment Project Area Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-02) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on .87 acres generally located on the north side of Elcia Drive, immediately west of the Highway 99 on-ramp. (ZC 06-1099) (Applicant: John Thomsen/Property Owners: John A. & Terry Thomsen and Howard & Betty Lamond) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 124-17) of the Municipal Code by changing the zoning from M-3 (Planned Unit Development) to M-1 (Light Manufacturing) on 17.7 acres located along the north side of E. Pacheco Road, generally west of Cottonwood Road. (ZC 05-1561) (Applicant: Jerry Hendricks/Property Owner: Eagle Meadows of Bakersfield III) d. e. f. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 103-25) of the Municipal Code by changing the zoning from PUD (Planned Unit Development) to R- 2 (Limited Multiple Family Dwelling) on 11.18 acres located north of Niles Street, west of Park Drive. (ZC 06-2198) (Applicant: Mike Nelson/Property Owner: Danco Development) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 101-34) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 4.4 acres generally located at the northwest corner of Stockdale Highway and Claudia Autumn Drive. (ZC 06-1688) (Applicant: Marino & Associates/Property Owner: Raul Ridenour) g. ACTION TAKEN FR FR FR ORD 4434 ORD 4435 ORD 4436 ORD 4437 12. Bakersfield, California, June 6, 2007 - Page 5 CONSENT CALENDAR continued h. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-06) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.45 acres and from C-1 (Neighborhood Commercial) to C-2/PCD on 15.3 acres generally located on the southwest corner of Seventh Standard Road and Calloway Drive. (ZC 06-1699) (Applicant: Adavco, Inc/Property Owner: Michel & Margaret Etcheverry Family) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 142-03) of the Municipal Code by changing the zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 19.55 acres generally located on the north side of Engle Road, between Ashe and Stine Roads. (ZC 06-1039) (Applicant: Mcintosh & Associates/Property Owner: Bakersfield 19, LLC) i. j. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 142-03) of the Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 10.02 acres, R-1 (One Family Dwelling) on 24.74 acres, and R-2 (Limited Multiple Family Dwelling) on 3.72 acres generally located on the northeast corner of Ashe and Engle Roads. (ZC 06-1031) (Applicant: Dominique Minaberrigarai/Property Owner: Minaberri Family Trust) Resolutions: k. Resolution adopting a policy establishing standards for development of Seventh Standard Road. I. Adding delinquent sewer user charges to County Tax Bill: 1. Resolution providing for the collection of delinquent sewer charges by the Kern County Tax Collector. Resolution authorizing the Kern County Tax Collector to establish two special accounts to track collection of Plant Nos. 2 and 3 delinquent sewer charges. 2. ACTION TAKEN ORD 4438 ORD 4439 ORD 4440 REMOVED FOR SEPARATE CONSIDERA TION RES 113-07 RES 114-07 Bakersfield, California, June 6, 2007 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN m. Adding delinquent refuse user charges to the County Tax Bill: 1. Resolution providing for the collection of RES 115-07 delinquent refuse charges by the Kern County Tax Collector. 2. Resolution authorizing the Kern County Tax RES 116-07 Collector to establish a special account to track collection of delinquent refuse charges. Resolution supporting State Assembly Bill 802 RES 117-06 n. (Salas) concerning criminal gang activity. o. Resolution confirming approval by the Assistant City RES 118-07 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 adding Area 1-71 (Renfro, Brimhall W) to RES 119-07 p. 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. q. Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area: 1. Resolution of Intention No. 1536 to establish ROl1536 the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First Reading of Ordinance amending FR Section 16.32.060 of the Municipal Code relating to bridge crossings and major thoroughfares. r. Resolution of Intention No. 1537 calling a public ROl1537 hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No.2, Division 31 (Sports Village). Bakersfield, California, June 6, 2007 - Page 7 12. CONSENT CALENDAR continued Resolution of Intention No. 1538 to add territory, Area 3-70 (McCutchen, Mountain Ridge NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1539 to add territory, Area 3-69 (Ashe, McCutchen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. u. Permanent Pump Station Construction at Wastewater Treatment Plant NO.3: s. t. 1. Amendment No. 1 to Resolution No. 076-06 dispensing with bidding procedures for construction of a permanent pump station for Wastewater Treatment Plant No.3, increasing the amount from $8,000,000 to $10,800,000. Appropriate $2,800,000 from the Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Budget for construction of project. Amendment No. 1 to Agreement No. 06-136 with Floyd Johnston Construction Company, Inc. ($3,500,000; revised not to exceed $10,000,000) for construction of project. 2. 3. Agreements: v. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC, and Lennar Homes of California, Inc. for Tract 6328 Unit 2 located at the southwest intersection of Panama Lane and Mountain Vista Drive. Final Map and Improvement Agreements with McMillin Arlington Park, LLC for Tract 6331 Unit 1 located east of S. Union Avenue off Hosking Avenue. 2. ACTION TAKEN ROl1538 ROl1539 RES 076-06(1) AGR 06-136(1) AGR 07-157 AGR 07-158 AGR 07-159 AGR 07-160 Bakersfield, California, June 6, 2007 - Page 8 12. CONSENT CALENDAR continued Item 12.v. continued ACTION TAKEN 3. Final Map and Improvement Agreements AGR 07-161 with Lo Land Assets, LP and Lennar AGR 07-162 Homes of California, Inc. for Tract 6343 AGR 07-163 Phases 1 & 2 located at the northwest AGR 07-164 intersection of Etchart Road and Calloway Drive. 4. Final Map and Improvement Agreements AGR 07-165 with Standard Pacific Corp. for Tract 6387 AGR 07-166 Phase 2 located at the northeast intersection of McCutchen Road and Mountain Ridge Drive. w. Agreement with Griswold, LaSalle, Cobb, Dowd & REMOVED Gin, LLP (not to exceed $100,000) to provide legal services for acquisition of right-of-way for construction of Westside Parkway. x. Agreement with Performance Electric AGR 07-167 ($1,182,587.66) for design and construction of on-site electrical distribution system at the City's Greenwaste Recycling Facility. y. Agreement with Wilson & Associates (not to exceed AGR 07-168 $111,000) to provide continuing disclosure services for various Special Assessment Districts. z. Proposed Assessment District No. 07-1 (Vista View Estates) : 1. Agreement with Wilson & Associates for AGR 07-169 assessment engineering services. 2. Agreement with Orrick, Herrington & Sutcliffe AGR 07-170 (bond counsel) for legal services. 3. Agreement with Goodwin Procter, LLP AGR 07-171 (disclosure counsel) for legal services. aa. Agreement with Mead & Hunt, Inc. ($231,000) for AGR 07-172 design of airport taxi lane and apron expansion. Bakersfield, California, June 6, 2007 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN bb. Amendments to the following Agreements ($150,000 each; total not to exceed $450,000 each) to extend the period for on-call civil engineering and surveying services: 1. Amendment No. 1 to Agreement No. 05-246 AGR 05-246(1) with Boyle Engineering Corp. 2. Amendment NO.1 to Agreement No. 05-247 AGR 05-247(1) with DMJM Harris, Inc. 3. Amendment No. 1 to Agreement No. 05-248 AGR 05-248(1) with Harris & Associates, Inc. 4. Amendment No. 1 to Agreement No. 05-249 AGR 05-249(1) with Meyer Civil Engineering, Inc. 5. Amendment No. 1 to Agreement No. 05-250 AGR 05-250(1) with Parsons Transportation Group. 6. Amendment NO.1 to Agreement No. 05-251 AGR 05-251(1) with T. Y. Lin International. 7. Amendment No. 1 to Agreement No. 05-252 AGR 05-252(1) with Willdan. cc. Amendment No.1 to Agreement No. 06-159 with AGR 06-159(1) Gilliam and Sons, Inc. ($1,000,000; revised not to exceed $2,000,000) and extending the term for one (1) year for the earthmoving and hauling annual contract. dd. ee. Amendment No.2 to Agreement No. 05-285 with Mountain View Bravo, LLC to allow assignment of rights to the acquisition price of certain public improvements in Assessment District No. 05-1 (City in the Hills). AGR 05-285(2) General Plan Amendment/Zone Change NO.06- 1722 generally located to the east of Alfred Harrell Highway, west of the City's eastern boundary and encompasses both sides of Highway 178: 1. Agreement with Nickel Family LLC ($257,000) for the preparation of an Environmental Impact Report (EIR). 2. Agreement with RBF Consulting ($192,222) to prepare EIR. 3. Appropriate $192,222 (developer's contribution) to the Development Services operating budget in the General Fund. AGR 07-173 AGR 07-174 12. Bakersfield, California, June 6, 2007 - Page 10 CONSENT CALENDAR continued Bids: ff. Reject all bids for one (1) three axle dump truck. gg. Reject all bids for one (1) self-contained patch truck. hh. Reject all bids for one (1) knuckle-boom trash loader truck. ii. Accept bid from Quinn Company ($295,004) for one (1) hydraulic excavator. Accept bid and award annual contract to HPS Mechanical (not to exceed $205,000) for sewer connection and septic tank abandonment for the McDonald Way/Stockdale Area Sewer Assessment Project. jj. Miscellaneous: kk. Authorize the Finance Director to write off accounts receivable in various funds totaling $84,367.19 and forward non bankrupt accounts to a collection agency for additional collection efforts. II. Appropriate $300,000 Sewer Enterprise Fund balance to the Public Works Department operating budget for increased costs associated with storm and sewer maintenance. Assistant City Clerk Gafford announced the deletion of item 12.w. and correction to the backup for items 12.ee. and 12.ii. Additionally correspondence was received from staff addressing a letter of objection from Western Traction II regarding item 12.ii. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion by Councilmember Couch to approve Consent Calendar items 12.a. through 12./1., with correction to backup for items 12.ee. and 12.;;., the deletion of 12.w., and removal of items 12.k. and 12.ii. for separate consideration. ACTION TAKEN REMOVED FOR SEPARATE CONSIDER A TION AGR07-175 APPROVED AS HANSON 12. Bakersfield, California, June 6, 2007 - Page 11 CONSENT CALENDAR continued Resolution adopting a policy establishing standards for development of Seventh Standard Road. Councilmember Couch requested staff explore establishing similar standards on Taft Highway and report back to Council. k. Motion by Councilmember Couch to approve the Resolution. ii. Accept bid from Quinn Company ($295,004) for one (1) hydraulic excavator. Motion by Councilmember Carson to defer the item to the next Council meeting and requested staff provide a report. 13. CONSENT CALENDAR HEARINGS a. County of Kern General Plan Amendment NO.6 - Kern River Plan Element Referral; Herb Family Enterprises has applied to Kern County for a General Plan Amendment to the Kern River Plan Element on 8.36 acres located south of Roberts Lane and approximately 1,000 feet west of N. Chester Avenue. 1. Resolution recommending the Board of Supervisors approve a general plan amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan, changing the land use designation from Map Code 5.5 (Residential-Maximum 1 Unit/Acre) to Map Code 5.3 (Residential- Maximum 10 Units/Net Acre) on 8.36 acres. b. Public Hearing to consider Resolution adopting proposed commercial refuse rate increase (3.2%) for Fiscal Year 2007-08 c. Protest Hearing to consider Resolution approving and adopting the Public Works Director's report for twelve (12) Traffic Signal Maintenance Districts and the 2007-08 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN RES 112-07 APPROVED AS HANSON APPROVED AS HANSON RES 120-07 RES 121-07 RES 122-07 Bakersfield, California, June 6, 2007 - Page 12 13. CONSENT CALENDAR HEARINGS continued d. Protest Hearing to consider Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2007-08 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector (rates increase for new developments only). Protest Hearing approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2007-08 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector (rates increase for new developments only). f. Public Hearing to consider Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. (Increase in quantity rate) e. Hearings opened at 7:05 p.m. No one spoke. Hearings closed at 7:05 p.m. Motion by Councilmember Couch to approve Consent Calendar Hearings 13.a. through 13.f. 14. HEARINGS a. Public Hearing for the FY 2007-08 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Assistant City Manager Stinson made staff comments. Hearing opened at 7:08 p.m. No one spoke. Hearing closed at 7:09 p.m. Motion by Councilmember Couch to approve the staff recommendation. ACTION TAKEN RES 123-07 RES 124-07 RES 125-07 APPROVED AS HANSON APPROVED AS HANSON Bakersfield, California, June 6, 2007 - Page 13 14. HEARINGS continued b. Public Hearing to consider Resolution adopting proposed sewer rate increase (14.8%) for Fiscal Year 2007-08. Staff comments by Assistant Public Works Director LaRochelle. Assistant City Clerk Gafford announced six letters were received opposing the rate increase. Additionally one letter making comments was received. Hearing opened at 7: 11 p.m. Silvestra Urquide spoke in opposition to the increase in sewer fees and residential refuse fees. Hearing closed at 7:15 p.m. Motion by Councilmember Couch to adopt the Resolution. c. Public Hearing to consider Resolution adopting proposed residential refuse rate increase (3.2%) for Fiscal Year 2007-08. Staff comments by Assistant Public Works Director LaRochelle. Hearing opened at 7:18 p.m. No one spoke. Hearing closed at 7:18 p.m. Motion by Councilmember Couch to adopt the Resolution. 15. REPORTS a. Overview of Wastewater Expansion Project Financing Plan and Sewer Rate Survey. Finance Director Smith introduced Doug Howston, Senior Vice-President of Public Finance, George K. Baum and Associates, who made a presentation and provided handouts. ACTION TAKEN RES 126-07 APPROVED AS HANSON RES 127-07 APPROVED AS HANSON Bakersfield, California, June 6, 2007 - Page 14 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff investigate conditions on Kentucky Street that need abatement and provided correspondence regarding the matter. Councilmember Benham requested staff respond to a constituent regarding the feasibility of a toll road and report back to her. Councilmember Weir requested the issue of licensing realtors be referred to the Budget and Finance Committee for further analysis. Councilmember Carson thanked Councilmember Weir and Mayor Hall for attending the welcome festivities for Major Spencer. Councilmember Carson requested staff include a comparison chart when future notices for hearings regarding fee increases are mailed; additionally staff to address concerns regarding leaves and debris from a citizen. Councilmember Carson requested an update from Chief Rector regarding calls from a resident on EI Rancho Drive. Councilmember Couch requested staff include additional information regarding future rate increases in the hearing notices and on the website. Councilmember Couch provided a report from KERNcog and requested staff determine what actions would be necessary for the west end of the bikepath to be extended to the Buena Vista/Taft area. Councilmember thanked staff for the informational meeting regarding annexation in the Olive Drive area, requested staff follow up with residents and provide information regarding the next step in the process. ACTION TAKEN Bakersfield, California, June 6, 2007 - Page 15 18. MAYOR AND COUNCIL STATEMENTS Councilmember Sullivan made comments regarding the cost comparison for Bakersfield municipal services and other municipalities. Councilmember Sullivan made comments regarding a town meeting in Kern City. Councilmember Sullivan made comments regarding the Mayor's trip to Bucheon South Korea and requested staff allocate funds to send City representatives to the dedication of the park next spring. Mayor Hall made comments regarding planned improvements for East Hills Mall and the appreciation expressed by the property owner, Jerry Schulman, for City staff's business friendly demeanor. Mayor Hall made comments regarding the graffiti defacement of the EMS mural and expressed appreciation for the two off-duty police officers who removed the graffiti. Mayor Hall made comments regarding the budget process, the excellence exhibited in the budget presentations and thanked staff for their efforts in providing such information for Council and the public. 19. ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 7:55 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:\CounciI\MINUTES\2007\June 6.doc ACTION TAKEN