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Home My WebLink About01/15/2003 AGENDA PACKETPREMEETING 1. ROLL CALL AGENDA BAKERSFIELD CITY COUNCIL MEETING OF JANUARY 15, 2003 Council Chambers, City Ha111501 Truxtun Ave. Pre-meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. (30 min.) WORKSHOP a. Capital Improvement Program Update Report for Fiscal Year 2002-2003. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(3)(c)of Government Code section 54956.9. One (1) potential case. Conference with Legal Counsel - Appeal of License/Permit Revocation; Closed Session pursuant to Government Code section 54956.7. One appellant. REGULAR MEETING 1. INVOCATION by Pastor Victor Perez of Believers in Jesus Church. PLEDGE OF ALLEGIANCE by Kristen Hailing, 5~' grade student, Juliet Thorner Elementary School. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hail of Certificates to the Liberty High School Patriots Girls Volleyball ClF Division II State Champions. Presentation by Mayor Hall of Certificates to the Garces High School Rams Football Central Section Sequoia Division Small Schools Champions. 6. PUBLIC STATEMENTS APPOINTMENTS a. One appointment to the Golden Empire Transit District Board due to the expiration of term of David James, term expired January 6, 2003. Staff recommends Council determination. 7. APPOINTMENTS continued b. One appointment to the Bakersfield Redevelopment Agency due to the resignations of Gil Anthony and Manuel S. Arriola. Staff recommends Council determination. c. Appointments to City Council Committees and other Special Committees and Boards by Vice-Mayor Couch. Staff recommends Council determination. (Ward 2) (Ward 2) (Ward 4) (Ward 7) (Ward 1) CONSENT CALENDAR Minutes: a. Minutes of the Council meeting of December 11, 2002 for approval. Payments: Approval of department payments from November 22, 2002 to January 2, 2003 in the amount of $20,696,943.47 and self insurance payments from November 22, 2002 to January 2, 2003 in the amount of $390,034.91. Ordinances: First reading of an Ordinance amending Section 2.24.020 of the Bakersfield Municipal Code Relating to Redevelopment Agency Membership. First reading of an Ordinance amending Chapter 15.64 of the Bakersfield Municipal Code relating to the California Fire Code. Adoption of an Ordinance amending Title 17, concerning regulations for the development and construction of multiple family housing projects such as apartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts. (First reading 12/11/02) Resolutions: Resolution of Intention No. 1288 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within a designated area, District No. 2, Division 30 (Rosedale, Gibson). Resolution of Intention No. 1286 to add territory, Area 4-25 (Wall Street) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1269 to add territory, Area 1-30 (Jewetta, Reddick) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution adding territory, Area 3-19 (Wible, McKee NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. Agreement with property owner to pay sewer connection fee in installments and notice of special assessment lien. (Ward 2) (Ward 7) (Ward 7) (Ward 7) (Ward 7) (Ward 2) (Ward 4) (Ward 2) CONSENT CALENDAR continued Resolution determining that chemical response pharmaceutical supplies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase supplies from Supply Service Center, not to exceed $80,000. I. Sustainable Communities Grant for Old Town Kern: Resolution authorizing the City of Bakersfield's participation in the California Pollution Control Financing Authority's Sustainable Communities Grant and Loan Program. Appropriate $143,600 Sustainable Communities Grant funds to the Economic and Community Development Department, Operating Budget within the General Fund. m. Development Plan Review - 2210 Ming Avenue (Project No. 02-0922); conversion of property from residential use to general office use on a .74+ acre site, within a C-O/PUD (Professional and Administrative Office/Planned Commercial Development) zone district. Agreements: Tract Maps/Improvement Agreements 1. Final Map and Improvement Agreement with Almond Tree Village for Tract 6092 Phase 3, located south of Berkshire Road and west of Union Avenue. 2. Final Map and Improvement Agreement with Almond Tree Village for Tract 6092 Phase 4 located south of Berkshire Road and west of Union Avenue. Approve Contribution Agreement with Department of Transportation to accept reimbursement ($40,000) for requested improvements within City Bridge Widening and Ram Improvements Project of White Lane over State Route 99. Amendment No. 2 to Agreement No. 95-295 with Ernest M. Solano, Ph.D. to perform as Psychologist for the City. Agreement with Kern High School District for use of Aquatics Center Pool for $500,000. Transportation Impact Fee Agreement with Elmer F. Karpe, inc. for Tract 6057 (Estimated Impact Fee Credit - $33,003), located on Brimhall Road, east of Jewetta Avenue. Amendment No. 4. To Agreement No. 98-222 with HTE, inc. for Service Support of Licensed Software in the amount of $135,871.81. Agreement with Guthrie's Alley Cat, downtown business owner, to unlock/lock gates at Wall Street Alley. Amendment No. 1 to Agreement No. 01-018 with United States Escrow Community Services Group. Assignment of all rights and obligations to Amerinational Community Services, Inc. (Ward 1) (Ward 4) (Ward 1) (Ward 4) (Ward 2) CONSENT CALENDAR continued Amendments to Southeast Infill Housing Program Master Agreements; to provide for larger, affordable floor plans and increased flexibility in utilizing $10,000 CDBG Grant funds, per property per contractor. Amendment No. 1 to Agreement 01-272 with T&T Construction. Amendment No. 1 to Agreement 01-273 with D.O.D. Construction. Amendment No. 1 to Agreement 01-274 with Williams Development. Median Landscaping Improvements: Reimbursement Agreement with Ba,kersfield Christian High School Foundation (not to exceed $61,750) for Citys proportionate share of cost to install landscaped medians on Stockdale Highway and a traffic signal at Old Farm Road/Jewetta Avenue. Bids: Transfer $61,750 of appropriations from the Capital Improvement Budget within the Gas Tax Fund to fund this reimbursement agreement. Mount Vernon Sewer Improvement: Contract Change Order No.1 to Agreement No. 02-181 with Nicholas Construction in the amount of $51,321.58 (for a total contract amount of $167,228.58) for the Mount Vernon Sewer Improvement Project. Appropriate $50,000 Sewer Enterprise Fund balance to the Capital Improvement Budget. y. Calloway Canal at Olive Drive: 1. Accept bid to award contract to Vadnais Corporation ($451,090) for the construction of a new box culvert for the Calloway Canal at Olive Drive. 2. Appropriate $452,000 additional traffic impact fee revenue to the Capital Improvement Program budget within the Transportation Development Fund. Accept bids from L.N. Curtis & Sons $24,486.78, FS3 $5,621.40, and AIIstar Fire Equipment Company $3,676.03 for equipment for Fire Truck #15, total $33,784.21. Reject bid for Panasonic Toughbooks and Miscellaneous Equipment for the Building Department. bb. dd. Rescind award to Coalinga Motors, Inc., $111,749.14, for seven (7) midsize sedans and accept bid from Jim Burke Ford, $124,526.51, to provide the vehicles. Accept bids from Jim Burke Ford $344,626.95 and Coalinga Motors $89,638.50* for nineteen (19) pickup trucks and one (1) utility vehicle for Recreation and Parks (6 additional, 2 replacement), Fire (1 additional, 2 replacement), General Services (2 additional), Development Services (2 replacement), Finance (1 additional), Solid Waste (1 additional), Telecommunications (1 replacement), Community Development (1 replacement) and Police (1 additional). Total $434,265.46. Accept bid to award contract to Gilliam & Sons, Inc. ($40,264) for Demolition of Improvements at 515 Truxtun Avenue. Miscellaneous: ee. Conversion of Temporary Employees to Full Time. z! (Ward 3) (Ward 7) (Ward 7) (Ward 2) CONSENT CALENDAR continued ff. General Plan Amendment 02-0623 gg. Mclntosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. ( Staff recommends continuing this matter to January 29, 2003.) Audit Repods: Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2002. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30,2002. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2002. 4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2002. (Staff recommends referral to the Budget and Finance Committee.) Staff recommends adoption of Consent Calendar items a. through gg. HEARINGS An appeal by Ken Porter and Len Turner of the Board of Zoning Adjustment's denial of a conditional use permit (CUP No. 02-0968) to allow a State licensed residential care facility for 14 juveniles, including a maximum of 8 staff members on site at any given time, in an existing single family dwelling in an R-3 (limited Multiple Family) zone district, and a parking modification to allow a reduction in off street parking from 22 spaces (required to 9 spaces (proposed) located at 2510 Wilson Road. (Staff comments by Development Services Director Hardisty.) Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment and denial of the appeal An appeal by Stephanie Lawson of the Board of Zodenial of a zoning modification (MOD No. 02-0870) to allow the retention and enlargement of a tree house at 0(zero) feet in the street side yard where a 10 foot setback is required and at 15 feet in the front yard where a 25 foot setback is required in a R-1 (One Family Dwelling) zone located at 1720 Doolittle Avenue. (Staff comments by Development Services Director Hardisty.) Staff recommends adoption of the Resolution upholding the decision of the Board of Zoning Adjustment and denial of the appeal Protest hearing as required by Resolution of Intention No. 1284 proposing to add territory, Area 4-24 (Baker Street) to the Consolidated Maintenance District. 1. Resolution adding territory, Area 4-24 (Baker Street), 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. Staff recommends overriding protests and adopting the Resolution. 10. REPORTS None. 11. 12. (Ward 1) 13. 14. kd JanuaW 9,2003 DEFERRED BUSINESS None. NEW BUSINESS a. Disposition of 1 13 Acres on Mt. Vernon Avenue. (Staff comments by City Manager Tandy.) Staff recommends the sale of property be placed for competitive bid. COUNCILSTATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 6 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: January 10,2003 HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER,~ . ALAN TANDY, CITY MANAGER /~-~ AGENDA HIGHLIGHTS - JANUARY 15, 2003 COUNCIL MEETING PRE-M EETING There is one workshop: Public Works will provide a Capital Improvement Program Update Repor~ for Fiscal year 2002-2003. There are two closed session items, 1) conference with Legal Counsel regarding anticipated litigation; and, 2) conference with Legal Counsel regarding an appeal of license/permit revocation. PRESENTATIONS There will be two presentations: 1) Mayor Hall to the Liberty High School Girls Volleyball State Champions; and 2) Mayor Hall to the Garces High School Football Sequoia Division Champions. APPOINTMENTS The following appointments are eligible to be made: 1) one appointment to the Keep Bakersfield Beautiful Committee; 2) one appointment to the Golden Empire Transit District Board; 3) two appointments to the Bakersfield Redevelopment Agency; and 4) appointments to the City Council Committees and other Special Committees and Boards. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8k. Resolution determininq that chemical response pharmaceutical supplies for use by the Fire Department cannot be obtained throuqh the usual biddinq procedures. The Fire Department has received a grant to enable first responders to provide medical care to patients resulting from a Weapons of Mass Destruction incident. Perry Point is the sole supplier of chemical response pharmaceutical supplies. HONORABLE MAYOR AND CITY COUNCIL JANUARY 10, 2003 PAGE 2 Item 81. Sustainable Communities Grant for Old Town Kern: The City of Bakersfield has been awarded a $143,600 planning grant to identify opportunities for revitalization and economic development in Old Town Kern. Funding comes from the California Pollution Control Financing Authority. The grant will be used to perform demographic and marketing assessment and analysis; a community visioning charrette; and development of a strategic action plan. The first resolution authorizes the City of Bakersfield's participation in the California Pollution Control Financing Authority's, Sustainable Communities Grant and Loan Program. The second resolution authorizes appropriation of grant funds to the Economic and Community Development Department. Aqreements: Item 8o. Approve Contribution Aqreement with the Department of Transportation to accept $40,000 reimbursement for requested improvements within City Bridqe Wideninq and Ramp Improvement Proiect on White Lane. The Department of Transportation desires to enter into an Agreement with the City for which the Department of Transportation will fund their improvements to be completed with the City's project. The requested improvements consist of adding a methacrylate coating to the existing bridge deck. Item 8p. Amendment No. 2 to Aqreement No. 95-295 with Ernest M. Solano, Ph.D. to perform ac Psycholoqist for the City. Dr. Solano has provided psychological services primarily for the Police Department, but also pre-employment testing for some Fire Department and Development Service employees, for the past 6 years. During this time Dr. Solano has not increased his rates with the City. A rate increase for monthly consultative fees from $2350 to $2500, and for psychological screenings from $300 to $325 is being requested. Item 8q. Aqreement with Kern Hiqh School District for use of Aquatics Center Pool for $500,000. Kern High School District, comprised of nineteen high schools, currently contracts with Bakersfield College to use its pool for swimming practices and meets. According to the agreement, the District will have exclusive use of the 50-meter pool January through May (Monday - Friday only) from 5:30 to 7:30 a.m. and 2 to 6:30 p.m. Additionally, during special meets, the District shall have exclusive use of the recreational pool (for warm ups, etc.). The term of the agreement is twenty years from the date of completion of the 50-meter pool with an option to continue at the rental rate established by the City at the time of the renewal. In the event of termination of the agreement before the term has expired, the City will reimburse the District $25,000 per year for any unexpired portion of the twenty-year term, providing the cause of termination can't be remedied. In addition to the rental fee, the District shall pay $40.00 per hour of use of the pool to help defray the cost of maintenance. Item 8r. Transportation Impact Fee Aqreement with Elmer F. Karpe, Inc. for Tract 6057 (Estimated Impact Fee Credit - $33,003), located on Brimhall Road, east of Jewetta Avenue. Elmer F. Karpe, inc. has constructed a portion of Brimhall Road between Jewetta Avenue and Swashbuckle Lane with their Tract. Transportation Impact Fee credit is available for one southbound Fane on this portion of Jewetta Avenue. Elmer F. Karpe, Inc. has requested that all of the transportation impact fee available from this improvement, $33,003, be applied to lots within the Tract. HONORABLE MAYOR AND CITY COUNCIL JANUARY 10, 2003 PAGE 3 Item 8s. Amendment No. 4 to Aqreement No. 98-222 with HTE, Inc. for Service Support of Licensed Software ($135,871.81). HTE developed many of the software programs which the City runs on the AS/400 computer. This amendment will ensure that HTE continues to update software and provide service for any problems encountered with these programs. The agreement calls for a one-time payment of $135,871.81 which ensures support through July 31, 2003. Funding agreement is included in the FY 02-03 budget. Item 8t. Aqreement with Guthrie's Alley Cat, downtown business owner, to unlock/lock qates at Wall Street. As part of the Wall Street Alley Improvement Project the City erected gates at both ends of Wall Street Alley to increase pedestrian safety in the alley. Locks were placed on the gates to allow tenants of the Sill Building access to the underground parking garage entrance. Kenneth Reed, owner of Guthrie's Alley Cat, has volunteered to unlock the gates at 6:30 a.m. and lock them at 6:30 p.m. daily. This agreement can be terminated by either party with a ten days' written notice. Item 8u. Amendment No. 1 to Aqreement No. 01-018 with United States Escrow Community Services Group. This amendment to the agreement reflects only the name change for the corporation, from United States Escrow Community Services Group to Amerinational Community Services. On January 17, 2001, the City of Bakersfield entered into an agreement with United States Escrow Company (USE) to provide escrow and related financial services for the City's Single Family Rehabilitation and First Time Home Buyer loan programs. USE has since been purchased by Amerinational Community Services, Inc. All previous terms and conditions under the original agreement remain. Item 8v. Amendments to Southeast Infill Housinq Proqram Master Aqreementsi to provide for larqer, affordable floor plans and increased flexibility in utilizinq $10,000 CDBG Grant funds, per property per contractor. On November 14, 2001, City Council approved agreements 01-272 (T&T Construction), 01-273 (D.O.D. Construction), and 01-274 (Williams Development), lending $50,000 per home CHFA HELP funds to build affordable homes in southeast Bakersfield, and granting $10,000 of CDBG funds to acquire scattered lots in the southeast on which to build the homes. House sizes are averaging 1,400 square feet, priced in the $85,000 to $95,000 range, which are considered affordable to Iow income people and competitive with the rental market, given the current mortgage rates. The language in the agreements specifies that home sizes should be approximately 1,200 square feet. Developers found that their prospective clients desired homes in the 1,400 to 1,600 square foot range. This amendment modifies to allow for the increase in home square footage and cost; however, the requirement that homes shall remain in the affordable range for Iow income families of Bakersfield is still in force. Item 8w. Median Landscapinq Improvements. This is a Reimbursement Agreement with Bakersfield Christian High School Foundation (not to exceed $61,750) for the City's proportionate share of cost to install landscaped medians on Stockdale Highway and a traffic signal at Old Farm Road/Jewetta Avenue. To fund this reimbursement agreement a transfer of $61,750 of appropriations from the Capital Improvement Budget within the Gas Tax Fund; and deferment of the Akers Road Construction project ($38,300), along with the transfer of savings realized on a resurfacing project. HONORABLE MAYOR AND CITY COUNCIL JANUARY 10, 2003 PAGE 4 Item 8x. Mount Vernon Sewer Improvement: Contract Chanqe Order No. I to Aqreement No. 02- 181 with Nicholas Construction in the amount of $51,321.58 (for a total contract amount of $167,228.58) for the Mount Vernon Sewer Improvement Project. Additional funds in the amount of $50,000 must be appropriated to fully fund this Change Order. This project consists of replacing deteriorated sewer pipelines and manholes located just east of Mount Vernon; pipelines are the main feed to Treatment Plant #2. During construction, a large concrete vault was discovered in the area of one of the sewer manholes that is being replaced which did not show up on City record plans and was not visible from the surface. To properly construct the new sewer line and manhole this vault must be removed and 12 feet of additional pipeline installed. Additional bypass pumping will be needed to pedorm this work. The contractor has agreed to do the bypass pumping and vault removal for $44,277.58, and to install the additional pipeline at the current contract price per foot which witl total $7,044.00. Bids: Item 8y. Award bid to Vadnais Corporation ($451,090) for the construction of a new box culvert over Calloway Canal at Olive Drive; and, appropriate $452,000 additional traffic impact fee revenue to the Capital Improvement Proqram budqet within the Transportation Development Fund. This culvert is necessary for the extension of Olive Drive, as well as, future development to the west of Calloway Drive. Four bids were received, however, Nicholas Construction has requested withdrawal of their bid. Staff recommends acceptance of Iow bid. Item 8z. Award bids to L.N. Curtis & Sons $24,486.78, FS3 $5,621.40 and Atlstar Fire Equipment Company $3,676.03 for equipment for Fire Truck #15. Total $33,784.21. Six (6) vendors received invitations to bid; three (3) bids were received. Staff recommends the award be split between those three to get the best price. Item 8aa. Reject bids for Panasonic Touqhbooks and Miscellaneous Equipment for the Buildinq Department. In order to get the best price available, staff recommends the one bid be rejected and the items rebid. Eight (8) vendors received invitations to bid; one (1) bid was received prior to the deadline. Research by staff indicates the one bid received was not necessarily the lowest cost available on the market. Item 8bb. Rescind award to Coalinqa Motors, Incorporated, $111,749.14, for seven (7) midsize sedans and accept bid from Jim Burke Ford, $124,526.51, to provide the vehicles. At the November 6, 2002 meeting, City Council accepted a bid from Coalinga Motors, Incorporated. When the vehicles were received at the dealership, prior to City acceptance, it was discovered that the sedans had bucket seats, which is not according to specifications. The mix-up is attributed to a recent ownership change at Coalinga Motors. Three other acceptable bids were received as of October 9, 2002. Staff recommends rescinding the award to Coalinga Motors. Inc., and award to Jim Burke Ford. Item 8cc. Award bids to Jim Burke Ford $344,626.95 and Coalinqa Motors $89,638.50* for nineteen (19} pickup trucks and one (1/ utility vehicle for Recreation and Parks (6 additional, 2 replacement), Fire (1 additional, 2 replacement), General Services (2 additional), Development Services (2 replacement), Finance (1 additional/, Solid Waste (1 additional), Telecommunications (1 replacement), Community Development (1 replacement) and Police (1 additional). Total $434,265.46. Twenty-five vendors received invitations to bid. Staff is well aware of the mix-up with sedans by Coalinga Motors on item 8bb. However, we have verified that the trucks in this bid do meet our specifications. Three acceptable bids were received. Staff recommends award to Jim Burke Ford and Coalinga Motors. HONORABLE MAYOR AND CITY COUNCIL JANUARY 10, 2003 PAGE 5 Item 8dd. Award contract to Gilliam & Sons, Inc. ($401264) for Demolition of Improvements at 515 Truxtun Avenue. Five acceptable bids were received for this project. Staff recommends award to Gilliam & Sons, Inc. The demolition of the old Economic and Community Development building at 515 Truxtun Avenue will allow for the future construction of the new Convention and Visitors Bureau building on the same site. The Engineer's Estimate for this project was $47,300. Miscellaneous Item 8ee. Conversion of Temporary Employees to Full Time. Select Services recently terminated their contract to provide temporary employees for the City which provided an opportunity to reevaluate the use of temporary employees. A task force was developed to review department head requests for continued City temporary employees. After review and discussion with department heads, 74 temporary employees were authorized (down from 186). A recommendation was also made to convert 10 temporary positions to full time positions, based on a clear indication that these positions need to be filled on an on-going basis. HEARINGS Item 9a. An appeal by Ken Porter and Len Turner of the Board of Zoninq Adjustment's denial of a conditional use permit (CUP No. 02-0968) to allow a State licensed residential care facility of 14 iuveniles, includinq a maximum of 8 staff members on site at any qiven time, in an existinq sinqle family dwellinq in an R-3 (limited Multiple Family) zone district, and a parkinq modification to allow a reduction in off street parkinq from 22 spaces (required to 9 spaces (proposed) located at 2510 Wilson Road. On November 12 2002, the Board of Zoning Adjustment (BZA) heard a request by Mr. Ken Porter to approve a Conditional Use Permit to allow a state licensed adolescent residential facility in an existing single family home that included a reduction in off street parking. The services offered by the facility are designed to treat adolescents with delinquency problems which would include those who have committed offenses against other persons, offenses against property, drug and/or alcohol related offenses and use of weapons. Referrals to the facility would be made by the Juvenile Court or the Department of Social Services. The BZA received a total of 84 letters concerning the project, one in support and 83 in opposition, as well as testimony against the project as to its incompatibility in the neighborhood. The BZA agreed with the residents and found that the use was not compatible with the neighborhood based on the type of offenses by the adolescents who would occupy the facility and denied the request. Staff upholds the BZA's decision to deny the CUP. Item 9b. An appeal by Stephanie Lawson of the Board of Zoninq Adiustment's denial of a zoninq modification (MOD No. 02-0870) to allow the retention and enlarqement of a tree house at 0 (zero) feet in the street side yard where a 10 foot setback is required and at 15 feet in the front yard where a 25 foot setback is required in a R-1 {One Family Dwellinq) zone located at 1720 Doolittle Avenue. The applicant requested that the Board of Zoning Adjustment (BZA) consider allowing his tree house, which was started without proper permits, to remain within the front yard and street side yard building setback areas of a corner lot. This tree house extends 10 feet into the required 25-foot front yard along Doolittle Avenue being 15 feet from the front property line, and extends to the street side property line along Fremont Street where a 10-foot setback is required. It further encroaches into the street right-of-way of Fremont Street approximately six feet with plans for expansion extending it six additional feet to the curb (the tree house would therefore extend 12 feet into the right-of-way). The bottom floor of the tree house is approximately 10 feet above the ground. HONORABLE MAYOR AND CITY COUNCIL JANUARY 10, 2003 PAGE 6 The Board was concerned about the structural stability of the tree house. Staff noted that the structure would require a building permit with a structural analysis by an engineer, and an encroachment permit if it were allowed to remain. The Board found that the tree house is unstable and they were concerned about the liability to the city concerning accidents (children falling out of the tree house into the street) and that it would be difficult to limit access to the tree house because it is in the front yard. The Board's conclusion was that it would be an attractive nuisance and it was noted that it would be preferable if the tree house were located in the back yard where access would be controlled to just the property owner's family and guests. Approval of the request would be materially detrimental to the public welfare, health and safety, and the Board denied the application. The appeal is by Stephanie Lawson, a neighbor, who states that the tree house is a positive addition in the neighborhood. If the City Council were to overturn the Board of Zoning Adjustment and approve the tree house, the property owner would still be required to 1) submit to the Building Department an application and plans with a structural analysis for a building permit, and 2) submit to the Public Works Department an application and plans for an encroachment permit to allow the tree house to overhang the right-of-way. The staff does not believe that it would be appropriate to grant the encroachment permit. Staff recommends upholding the decision of the Board of Zoning Adjustment and denying the appeal. Item 9c. Protest hearinq as required by Resolution of Intention No. 1284 proposinq to add territory, Area 4-24 (Baker Street} to the Consolidated Maintenance District; and confirminq the assessments, approvinq the Public Works Director's Report and authorizinq collection of assessments by the Kern County Tax Collector. The City is proposing to install street landscaping in Baker Street between Niles Street and Jackson Street. To provide for maintenance for the street landscaping this resolution purposes to add territory to the Consolidated Maintenance District. Notices were sent out to each property owner within the area. Ten ballots have been returned, all in favor of adding this area to the Consolidated Maintenance District. This hearing is to hear protests to adding Baker Street to the Consolidated Maintenance District. Staff recommends overriding protests and adopting the Resolution. NEW BUSINESS Item 12a. Disposition of 113 Acres on Mt. Vernon Avenue. For many years, the City has owned a 113-acre parcel off Mt. Vernon, near Highway 58 and the lagoons of the Wastewater Treatment Plant. About ten years ago, staff determined that the Mt. Vernon site was too far to the east to be a suitable site for a new Corporation Yard location due to the City's rapid growth to the northwest and southwest. Travel time would not be convenient for the garbage trucks, street sweepers, and many other vehicles that leave from it daily for sites all over the City. Not even the construction of the Westside Parkway will make access from Mt. Vernon to West Bakersfield convenient or reasonable. The Mt. Vernon property, which is in both the Enterprise Zone and Southeast Bakersfield Redevelopment Project Area, has been offered many times over the last ten years to job creators. We have had many offers but no takers. Last year Castle & Cooke approached the City about selling the property. While processing documents that would have been presented to City Council to approve such a sale, a better offer was received from another firm who plans to develop it into industrial parcels. HONORABLE MAYOR AND CITY COUNCIL JANUARY 10, 2003 PAGE 7 Staff continues to recommend the property be sold and jobs to help Southeast Bakersfield be created on it. Staff recommends "bidding" the property as the best alternate to the circumstance of receiving more than one offer to purchase. AT:AC:Is cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Workshop ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 6, 2003 APPROVED DEPARTMENTHEAD,c~¢I,~C-.j~.~ ClTY ATTORNEY ~A~'~ CITY MANAGER CapitallmprovementProgram UpdateReportforFiscalYear2002-2003 RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Staff will present an update report on the Capital Improvement Program for Fiscal Year 2002-2003. ADR, Public Works Design Engineering January 6, 2003, 9:13AM G:/GROUPDAT~ADMINRPT~.003\01 15~,CIP Update Report.dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Closed Session ITEM: ~. O.. - TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 7, 2003 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government Code section 54956.9. One (1) potential case. RECOMMENDATION: BACKGROUND: January 7, 2003, 8:50AM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Closed Session ITEM: ~.to. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 7, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Appeal of License/Permit Revocation Closed session pursuant to Government Code section 54956.7 One appellant. APPROVED RECOMMENDATION: BACKGROUND: January 7, 2003 12:02PM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall December 17, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ED Presentation by Mayor Hall of Certificates to the Liberty High School Patriots Girls Volleyball CIF Division II State Champions RECOMMENDATION: BACKGROUND: ndw December 17, 2002, 11:46AM S:\MAYOR/ADMIN\LIBERTY HIGH GIRLS VOLLEYBALL dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Presentations ITEM: ~, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall DEPARTMENT HEAD~~7~VED December 17, 2002 CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Cer[ificates to the Garces High School Rams Football Central Section Sequoia Division Small Schools Champions RECOMMENDATION: BACKGROUND: ndw December 17, 2002, 11:54AM S:\MAYOR~ADMIN\GARCES HIGH FOOTBALL,dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Appointments ITEM: '7. ~c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk January 8, 2003 (/~ APPR(~VED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER One appointment to the Golden Empire Transit District Board due to the expiration of term of David James, term expired January 6, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Golden Empire Transit District Board due to the expiration of term of David James, whose term expired January 6, 2003. The news release for this recruitment was posted on December 16, 2002. An application to fill the expired term has been received from the following individuals: · Christopher Eric Finberg · Patricia Norris The Golden Empire Transit District Board supervises and regulates transit facilities owned, operated or controlled by the district, including establishment of rates, rentals, charges and classifications. enforcement of regulations, contracts, practices and schedules. City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their 4-year term. Meetings are held the first and third Tuesdays of each month at 5:45 p.m. in the District Board Room at 1830 Golden State Avenue. January 8, 2003, 4:58PM S:\Bds&Comm\GETD~Admin Jan 03.dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Appointments ITEM: "]. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk January 3, 2003 ,/~APP~OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER One appointment to the Bakersfield Redevelopment Agency due to the resignations of Gil Anthony and Manuel S. Arriola. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Bakersfield Redevelopment Agency, due to the resignations of Gil Anthony and Manuel S. Arriola whose terms expire April 22, 2005 and April 22, 2003 respectively. Additional appointment to follow. Applications have been received from the following: · Lawrence Matthew Pickett · Frederick Anton Prince · R. Paul Ricker The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the reminder of their term. The agency transacts business and exercises its powers under community redevelopment law. The Bakersfield Redevelopment Agency has authority to approve all development agreements subject to approval by the City Council two-thirds vote. Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. January 10, 2003, 8:33AM S:\Bds&Comm\BRDA~Admin Jan 03.dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Appointments ITEM: '7. ~_. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cler~ APPROVED DEPARTMENT HEAD December 21, 2002 CITY ATTORNEY CITY MANAGER Appointments to City Council Committees and other Special Committees and Boards by Vice- Mayor Couch. RECOMMENDATION: To be determined by Council. BACKGROUND: Jn accordance with Section 2.02.020 of the Municipal Code, the creation of and appointments to Council Committees are made by the newly elected Vice-Mayor, with confirmation by the Council. At the December 11, 2002 Council meeting, Councilmember Couch was elected Vice-Mayor. Accordingly, recommendations for appointments will be made for the following standing Council Committees, Ad Hoc Committees and other special Boards: Standinq Committees: Budget and Finance Personnel Intergovernmental Relations Water Resources Legislative and Litigation Urban Development Community Services Other Vice-Mayor Appointments: Kern Council of Governments Kern Economic Development Kern County Museum Authority Solid Waste Management Advisory Planning Commission Liaison Ad Hoc Committee on Crime, Weapons, Gang Violence & Community Relations rg December 30, 2002, 3:06PM S:\ELECTION~Admins~Appt of Comittees.dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cler?~J j~ January 2, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER Minutes of the Council meeting of December 11,2002 for approval. RECOMMENDATION: Staff recommends approval. BACKGROUND: (Typist's Initiats lower case) January 2, 2003, 4:09PM S:\Council\adminCADMINFORM.dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 3, 2003 APPROVED DEPARTMENT HEAD ./V~' CITY ATTORNEY "~/~././~ ' CITY MANAGER Approval of department payments from November 22, 2002 to January 2, 2003 in the amount of $20,696,943.47 and self insurance payments from November 22, 2002 to January 2, 2003 in the amount of $390,034.91. RECOMMENDATION: Staff recommends approval of payments totaling $21,086,978.38. BACKGROUND: k~§ January 3, 2003, 8:35AM S:~KimG\Forms & Lables/ADMIN-AP doc ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 2, 2003 APPROVED DEPARTMENTHEAD ,¢~ CITy A TORNEV CITY MANAGER An Ordinance Amending Section 2.24.020 of the Bakersfield Municipal Code Relating to Redevelopment Agency Membership. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: In 1986, the City Council ceased being the redevelopment agency and, by ordinance, created a separate 7-member panel to serve as the agency. The ordinance calls for the members to be appointed by the Mayor and confirmed by the Council. It appears that the intent of the Council was to create staggered terms of office for the initial appointments and, thereafter, to have all members serve four-year terms. That intent is evidenced in by-laws which were attached to the ordinance which indicated that two of the first appointed members would serve four-year terms, two members would serve three-year terms, two members would serve two-year terms and one member would serve a one-year term, and, then all members would serve four-year terms. Unfortunately, the language regarding the four-year terms was not included in the ordinance when it was adopted. This ordinance amends that section to add the language that all terms are for four years. That is the only change to the ordinance. January 2, 2003, 10:50AM S:\COUNCIL,Admins\redevordamend doc ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~,J, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief December 11, 2002 APPROVED DEPARTMENT HEAD CITY MANAGER Ordinances amending Chapter 15.64 of the Bakersfield Municipal Code relating to the California Fire Code. (All wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The State has adopted the 2001 Edition of the California Fire Code which is a modified version of the Uniform Fire Code. The City will be required to follow and enforce it without exception unless this ordinance is adopted to continue the existing administrative authorities and processes established in the City. The ability to amend the codes for local conditions is permitted by State law. Not adopting this ordinance would cause a hardship to the City as well as threaten the health, safety, and general welfare of the citizens of the City. A copy of the code is on file at the City Clerk's office for review. RH/kec S:\CORRESPONDENCE\2002-11~001 CODE CHANGES & ORDINANCE ADMINISTRATIVE REPORT.doc 1/6/2003 MEETING DATE: ADMINISTRATIVE REPORT AGENDA SECTION: Consen[~ January 15, 2003 ITEM: <~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 2, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~'2~ CITY MANAGER Ordinance amending Title 17, concerning regulations for the development and construction of multiple family housing projects such as apartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts. (All wards) RECOMMENDATION: Motion to Adopt. BACKGROUND: The Council conducted first reading on December 11, 2002. During the public hearing, comments were received from Brian Todd representing the Building Industry Association of Kern County. His comments concerned park fee credits for possible onsite recreational amenities. Council member Couch recommended that Mr. Todd's comments be referred to the Budget & Finance Committee. He further recommended that the ordinance be adopted. After adoption he recommended that the ordinance be referred to the Urban Development Committee for further discussion and possible action. There is an interest in determining if refinement of some of the regulations in the ordinance would be beneficial. However, he would like this to be accomplished without deferring application of the ordinance to new projects. At the Planning Commission meeting held November 21, 2002, no testimony was offered either for or against the proposed ordinance. SG:pjt (Admin\l 2-11-4piex) MEETING DATE: January 15, 2003 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 23, 2002 APPROVED DEPARTMENT HEAD ~/~ CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1288 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility destrict within designated area, District No. 2, Division 30 (Rosedale, Gibson). Ward 2. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. This district will underground the overhead lines within the Rosedale Highway right of way between Gibson Street and Camino Del Rio Court. The Resolution sets the date of January 29, 2003 for the protest hearing. Lvd December 23 2002, 5:05PM G:\G ROUPDATtADMINRPT\2003/01-15\Undgrd Dist2-30 dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'.~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 20, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Resolution of Intention No. 1286 to add territory, Area 4-25 (Wall Street) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward) RECOMMENDATION: Staff recommends adoption of the Resolution, BACKGROUND: Written requests have been received by the City Engineer from the owners of two parcels adjacent to Wall Street alley to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping and lighting. Staff recommends the addition of territory, Area 4-25 (Wall Street), to the Consolidated Maintenance District. Area 4-25 is generally bounded by 19th Street on the north, Chester Avenue on the east, 18th Street on the south, and Eye Street on the west. This area will be under the streetscape zone of benefit and will be assigned Street tier 2. 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 letters from the owners of the property described above which waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have submitted Proposition 218 ballots indicating their consent to the assessments Lvd S \PROJ ECTS\MAIN DIST~ADMINRPT/M D4-25Ri03 dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'. k, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 2, 2003 APPROVED DEPARTMENT HEAD~ ~"~ ~ CITY ATTORNEY /~ CITY MANAGE~ ,~ Resolution of Intention No. 1269 to add territory, Area 1-30 (Jewetta, Reddick) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6089 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 median and street landscaping. Area 1-30 is generally bounded by a line 660 feet north of Brimhall Road on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 330 feet north of Brimhall Road on the south and a line 870 feet east of Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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. A covenant will be recorded to provide future property owners with disclosure that this lot is within the Consolidated Maintenance District. A copy of this covenant is attached for reference. Lvd January 3. 2003, 1~:22AM S:\PROJ ECTS\MAiN DIST~ADM[N RPT~MD 1-30Ri03 dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'. ~'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M, Rojas, Public Works Director January 2, 2003 APPROVED DEPARTMENT HEAD //~ CITY ATTORNEY %~F~ CITY MANAGER / IL/ Resolution adding territory, Area 3-19 (Wible, McKee NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On December 11, 2002 the Council adopted Resolution of Intention No. 1285 to add territory, Area 3-19 (Wible, McKee NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6124. Area 3-19 is generally bounded by a line 1/4 mile north of McKee Road on the north, a line 1/4 mile east of Wible Road on the east, McKee Road on the south, and Wible Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd January 3, 2003, 12:43PM S:\PROJ ECTS\MAINOIST~ADMiNRPT\MD3-19Est03 dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~/~PROVED December 17, 2002 CITY ATTORNEY CITY MANAGER 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with property owner to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of the Resolution and Agreement. BACKGROUND: The owner of the properly at 3422 Oliver Street desires to connect his property to the City sewer system. He claims that to pay the sewer connection fee in one payment would produce an economic hardship. 1. This resolution confirms the assessment and authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. 2. To assist in paying the connection fee the City has contracted with the property owner to spread the connection fee over a three (3) year period to be collected with his property taxes in accordance with Municipal Code Section 14.12.390.B. Ivd December 18. 2002, 8:13AM G:\GROUPDATtADMINRPT\2003\01-15\3422OliverSt dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~.. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 3, 2003 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Resolution determining that chemical response pharmaceutical supplies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor and purchase supplies from Supply Service Center, not to exceed $80,000.00 dollars. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The Fire Department for the City of Bakersfield has received a Metropolitan Medical Response System (MMRS) grant to enable first responders to provide quality medical care to patients resulting from a Weapons of Mass Destruction incident. An initial inventory of pharmaceutical supplies will be necessary for critical treatment in both chemical and biological events. The Federal Department of Health and Human Services has authorized the Supply Service Center at Perry Point, Maryland to procure pharmaceuticals that MMRS jurisdictions need to respond to an incident involving a weapon of mass destruction. The Supply Service Center is a Federal Government Activity and complies with all aspects of the Code of Federal Regulations. Purchasing Division DW:ljm P:~ADMIN~003 ADMIN~C03 0115 E Pharmeucutica[ Supplies doc January 8, 2003, 11:31AM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director January 3,2003 Sustainable Communities Grant for Old Town Kern: DEPARTMENT HEAD ~ ~ ClTY ATTORNEY CITY MANAGER 1) Resolution authorizing the City of Bakersfield's participation in the California Pollution Control Financing Authority's, Sustainable Communities Grant and Loan Program 2) Appropriate $143,600 Sustainable Communities Grant funds to the Economic and Community Development Department, Operating Budget within the General Fund. (Ward 2) RECOMMENDATION: documents. Staff recommends approval and authorization to execute all necessary BACKGROUND: The City of Bakersfield has been awarded a $143,600 planning grant to identify opportunities for revitalization and economic development in the Old Town Kern/Baker Street Corridor. Funding for the project comes from the California Pollution Control Financing Authority for its Sustainable Communities Grant and Loan Program. Bakersfield was one of only 16 cities statewide that received funding. The grant will be used to perform demographic and marketing assessment and analysis; a community visioning charette; and to develop a strategic action plan. The resulting strategies developed from this approach will set a good framework for revitalization, renewed community interest and sustainable development of a history area of Bakersfield. S:~Admins\City Council\SustainableCommunitiesGrant doc 1,/3/2003 10:16 AM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 IAGENDA SECTION: CONSENT ITEM: ~. r,,',. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 6, 2003 DEPARTMENT HEAD CITY ATTORNE~,~' CITY MANAGER DEVELOPMENT PLAN REVIEW - 2210 MING AVENUE (PROJECT NO. 02-0922) Resolution approving Development Plan Review of a conversion of property from residential use to general office use on a .74_+ acre site, within a C-O/PUD (Professional and Administrative Office/Planned Commercial Development) zone district. (Ward 7) RECOMMENDATION: Adopt the resolution approving the P.C.D. Development Plan for 2210 Ming Avenue. BACKGROUND: The applicant is requesting approval of development plans to allow an existing residence to be converted to an office. The site is zoned C-O/PCD (Professional and Administrative Office/Planned Commercial Development Overlay). The PCD overlay requires that the development plans be approved by the Planning Commission at a noticed public hearing, and by the City Council. A public hearing by the City Council is not required unless the Council decides to disapprove the Planning Commission's recmmendation, or add to or change the conditions of the project (BMC 17.54.030 C.,D.). The project site is within the boundaries of Ming Avenue No. 9 Annexation, which was approved by the City Council on August 8, 2001 (annexation effective November 1, 2002). Ming Avenue No. 9 incorporated the area on the north side of Ming Avenue between Baldwin Road, Anita Lane and June Avenue into the City limits. The project is the conversion of an existing 1,687 square foot residence to a general office. There is no planned building expansion. The project involves only minor alterations in the appearance of the structure. Conditions of approval contained in the attached resolution incorporate the conditions of approval for GPA/ZC 02-0316 (approved by the City Council on August 21,2002), Site plan Review Conditions and discretionary conditions added at Planning Commission to address ingress and egress at the site, site landscaping and refuse collection. ADMINISTRATIVE REPORT Page2 The Planning Commission unanimously approved this development plan on November 21, 2002 as they found the proposal met all minimum development standards and appropriate mitigation measures imposed by GPA/ZC 02-0316 by the City Council. No comments either in support or opposition were presented as part of the record. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this development plan be approved. ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'.n, TO: FROM: DATE: SUBJECT: (2) Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 26, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Tract Maps/Improvement Agreements Final Map and Improvement Agreement with Almond Tree Village for Tract 6092 Phase 3 located south of Berkshire Road and west of Union Avenue. (Ward 7) Final Map and Improvement Agreement with Almond Tree Village for Tract 6092 Phase 4 located south of Berkshire Road and west of Union Avenue, (Ward 7) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. December 26, 2002, 2:28PM G:\GROUPDATtADMINRPT\2003\01-15~MAP AND IMPROVEMENT AGR dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.o, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Roias, Public Works Director December 23, 2002 AP/~OVED DEPARTMENT HEAD /11! / A'I=I'ORNEY~.~/~,~-~-~ CITY MANAGER ,/~ Approve Contribution Agreement with Department of Transportation to accept reimbursement ($40,000) for requested improvements within City Bridge Widening and Ramp Improvements Project on White Lane over State Route 99. (Ward 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City of Bakersfield is currently pursuing a bridge widening and ramp improvements project on White Lane at State Route 99. The Department of Transportation desires to enter into a Contribution Agreement with the City for which the Department of Transportation will fund their improvements to be completed with the City's project. The requested improvements consist of adding a methacrylate coating to the existing bridge deck. The Department of Transportation will deposit S40,000 with the City within 25 days after the bid advertising date for construction. Funds provided by the Department of Transportation will cover 100% costs for their share of work. Funds will be appropriated at time of award. Engr dc G:\GROUPDATADMiNRPT~2003\01-15\WhiteLane_cantdbution agreement doc Januaq/8, 2003, 12:05PM ADMINISTRATIVE REPORT MEETING DATE: January 15. 2003 AGENDA SECTION: Consent ITEM: ~.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~-/ APPROVED Carroll Hayden, Human Resources Manager DEPARTMENT HEAD December 23, 2002 CITY ATTORNEY CITY MANAGER Amendment No. 2 to Agreement No. 95-295 with Ernest M. Solano, Ph.D. to perform as Psychologist for the City RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Ernest M. Solano, Ph.D. has had a contract for the last 6 years with the City to provide psychological services primarily for the City's Police Department. These services include serving as a fitness for duty exper[ for officers following a serious incident, such as an Officer involved shooting, annual stress reduction classes and providing pre-employment psychological examinations. Dr. Solano also provides pre-employment testing for some Fire Department and Development Services employees. Dr. Solano has been extremely responsive in emergency situations and has worked exceedingly well in coordinating pre-employment testing with Human Resources. Dr. Solano is willing to extend his contract for another three years. However, Dr. Solano has not increased his rates in the last 6 years and now needs to increase slightly from a monthly consultative fee of $2350 to $2500 and psychological screenings from $300 to $325. After taking into account his excellent service for 6 years, accessibility issues and the satisfaction of the Police Department, it is recommended that the City Council approve a three year extension to the current contract with Ernest M. Solano, Ph.D. to perform psychological services for the City. January 6. 2003, 3:30PM S ~ADMINRPT~Solano Contract Amend dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: '~, <~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager December 16, 2002 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAGER ~ Agreement with Kern High School District for use of Aquatics Center Pool for $500,000 (Ward 2). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Kern High School District ("the District") is comprised of nineteen high schools. Currently, the District contracts with Bakersfield College to use its pool for swimming practices and meets. Additionally, several high school swim teams practice at the Jastro Park, Jefferson and Silver Creek pools. Because of the large number of high schools that need access to pools for practice, the District has expressed an interest in renting the City's new 50- meter pool which is being constructed between 13th and 14th Streets for swim practices and competitions, as well. The District will have exclusive use of the 50-meter pool January through May (Monday through Friday only) from 5:30 to 7:30 a.m. and 2 to 6:30 p.m. Additionally, during special meets, the District shall have exclusive use of both the 50-meter pool and the recreational pool (for warm ups, etc.). This will not interfere with the public's use of the pools because such use will be scheduled to coordinate with the District's use. The term of the agreement is twenty years from the date of completion of the 50-meter pool with an option to continue at the rental rate established by the City at the time of the renewal. The District has elected to pay $500,000.00 rental fee up front for the use of the pool(s). In the event that the City or District terminate the agreement before the term has expired, the District will receive a reimbursement of $25,000 per year for any unexpired portion of the twenty-year term, providing that the cause of such termination cannot be remedied. In addition to the rental fee, the District shall pay $40.00 per hour of use of the pool to help defray the cost of maintenance, plus a periodic cost of living adjustment. When the District uses the pool(s), it has the right, but not the obligation, to sell concessions (food. beverages, etc.) from kiosks which the District provides, as long as such concessionaires possess the requisite licenses. January 6, 2003, 2:34PM S:~Admin Rpts~2002\pooluseagreement 011503 doc Page 1 ADMINISTRATIVE REPORT The agreement is scheduled to be on the District's January 13, 2003 agenda. It is in harmony with earlier discussions and verbal commitments made between the District and the City when the approval of the project was pending before the City Council. January 6, 2003, 2:34PM S:~Admin Rpts~002~pooluseagreement 011503.doc Page 2 ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'. r', TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 10, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Transportation Impact Fee Agreement with Elmer F. Karpe, Inc. for Tract 6057 (Estimated Impact Fee Credit - $33,003), located on Brimhall Road, east of Jewetta Avenue. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Elmer F. Karpe, Inc. has constructed a podion of Brimhall Road between Jewetta Avenue and Swashbuckle Lane with their Tract 6057. Transportation Impact Fee credit is available for one southbound lane on this portion of Jewetta Avenue. Elmer F. Karpe, Inc. has requested that all of the transportation impact fee credit available from this improvement be applied to lots within Tract 6057. The credit available is estimated at $ 33,003. jvh December 10. 2002, 934AM G:\GROUPDAT~ADMINRPT\2003\O 1-15\6057TIFadmin dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager January 3, 2003 APPROVED DEPARTMENT HEAD ~:~ CITY ATTORNEY ( CITY MANAGER ~ Amendment No. 4 to Agreement No. 98-222 with HTE, Inc. for Service Support of Licensed Software in the amount of $135,871.81 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: HTE developed many of the software programs which the City runs on the AS/400 computer. Such programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable; Business Licenses; Utility Billing; Work Orders; Fire Records Management; Park Reservations, etc. This amendment will ensure that HTE continues to update software and provide service for any problems encountered with these programs. The Agreement calls for a one-time payment of 135,871.81 which will ensure support through July 31,2003. This amount was included in the FY 02-03 budget. Schedule "A" of the Agreement breaks down the annual cost for servicing each individual software module. The existing agreement for services was for $86,000. However, during the 2001-2002 fiscal year the City purchased additional software modules (Building Permits, Planning & Zoning, Code Enforcement and Click2Gov). The additional modules contributed to increase in the cost of this agreement. January2,2003 403PM S BUDGET'Bud2002 03'Admin for HTE Maint Agreement Amendment 4doc ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'.~, TO: Honorable Mayor and City Council AP)~clOVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~//~----~ DATE: January 9, 2003 CITY A'I-rORNEY CITY MANAGER SUBJECT: Agreement with Guthrie's Alley Cat, downtown business owner, to unlock/lock gates at Wail Street alley. (Ward 2) RECOMMENDATION: Staff recommends approval and execution of the agreement. BACKGROUND: As part of the Wall Street Alley Improvement Project the City erected gates at both ends of Wall Street Alley to increase pedestrian safety in the alley. Since the installation of the gates, the City has placed locks on the gates to allow the gates to remain open during the day allowing tenants of the Sill Building access to the underground parking garage entrance located mid-block in Wall Street Alley. Kenneth Reed, owner of Guthrie's Alley Cat has volunteered to lock the gates in the open position every day at 6:30 a.m. and to unlock the gates and close them at 6:30 p.m. This allows Sill Building tenants access to their parking during the day and allows evening closure of the gates which increases pedestrian safety. The gates shall remain unlocked when in the closed position to allow emergency vehicle access if necessary. This agreement can be terminated by either party with a ten days' written notice. ADR PW Engr G:\GROUPDAT~ADMINRPT~2.003\01-15\Wall St Guthries gates doc 1/9/2003 1:05 PM ADMINISTRATIVE REPORT MEETING DATE: January 15. 2003 AGENDA SECTION: Consent Calendar ITEM: (~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kurtz, Economic Development Director January 3,2003 DEPARTMENT HEAD ~ CITY ATTORNEY (~ CITYMANAGER ~',,~-~ Amendment No. I to Agreement No. 01-018 with United States Escrow Community Services Group. 1. Assignment of all rights and obligations to Amerinational Community Services, Inc. RECOMMENDATION: Staff recommends approval BACKGROUND: On January 17, 2001, the City entered into an agreement with United States Escrow Company (USE) to provide escrow and related financial services for the City's Single Family Rehabilitation and First Time Home Buyer loan programs. USE has since been purchased by Amerinational Community Services Inc. USE, Inc. desires to assign all rights and obligations under Agreement No. 01-018 to Amerinational Community Services, Inc. who will assume all rights and obligations under the original agreement. The amendment to the agreement reflects only the name change for the corporation. All previous terms and conditions under the original agreement remain. S:~Admins\City Council~Amerinational.doc 1/3/2003 10:17 AM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~,v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director January 7,2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Amendments to Southeast Infill Housing Program Master Agreements; to provide for larger, affordable floor plans and increased flexibility in utilizing $10,000 CDBG Grant funds, per property per contractor. (Ward1) 1. Amendment #1 to Agreement #01-272 with T&T Construction 2. Amendment #1 to Agreement #01-273 with D.O.D. Construction 3. Amendment #1 to Agreement #01-274 with Williams Development RECOMMENDATION: Staff recommends approval. BACKGROUND: On November 14, 2001, City Council approved agreements 01-272 (T & T Construction), 01-273 (D.O.D Construction), and 01-274 (Williams Development), lending $50,000 per home of CHFA HELP funds to build affordable homes in southeast Bakersfield, and granting $10,000 of CDBG funds to acquire scattered lots in the southeast on which to build the homes. Currently, seven homes are under construction and are at various stages of completion. House sizes are averaging 1,400 square feet, priced in the $85,000 to $95,000 range, which are considered affordable to Iow income people and competitive with the rental market, given the current mortgage rates. The first two homes are now in escrow, and are scheduled to close after the first of the New Year. Paragraph 2.5 of the master agreement, authorizes a grant of $10,000 per property for acquisition costs and building permit fees. This amendment changes Paragraph 2.5, which restricts the use of the $10,000 grant to acquisition related costs only, and does not allow for building fees to be paid from the grant. Also, developers are given the option to receive the acquisition grant money at the beginning or end of the transaction, at their preference. The language in "Schedule A" of the agreements specifies that home sizes should be approximately 1,200 square feet. Developers found that their prospective clients desired homes in the 1,400 to 1,600 square foot range. This amendment modifies "Schedule A" to allow for the increase in home square footage and cost; however, the requirement that homes shall remain in the affordable range for Iow income families of Bakersfield is still in force. S:~Admins\City Council~Amendments to Southeast Inflll Housing Agreements.doc 1/7/2003 4:31 PM ADMINISTRATIVE REPORT Page 2 Changes in the Master Agreements for the Southeast Infill Housing Program will extend to any corresponding language in Single Property Agreements that were and will be subsequently executed. Any increase in construction costs resulting from this amendment will be born by the Developers. S:~Admins\City Council~Amendments to Southeast Infill Housing Agreements.doc 1/7/20034:31 PM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 IAGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council A~J~ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD December 23, 2002 CITY ATTORNEY ,_~'L-~ DATE: CITY MANAGER ~ SUBJECT: Median Landscaping Improvements (Ward 4): Reimbursement Agreement with Bakersfield Christian High School Foundation (not to exceed $61,750) for City's proportionate share of cost to install landscaped medians on Stockdale Highway and a traffic signal at Old Farm Road/Jewetta Avenue. Transfer $61,750 of appropriations from the Capital Improvement Budget within the Gas Tax Fund to fund this reimbursement agreement RECOMMENDATION: Staff recommends approval of agreement and transfer. BACKGROUND: The Bakersfield Christian High School Foundation has constructed a landscaped median on Stockdale Highway and is installing a traffic signal at the intersection of Stockdale Highway and Old Farm Road/Jewetta Avenue. The City purchased a 40 acre parcel north of the Kern River and east of Stockdale Highway for water re-charge purposes and has the obligation to install certain improvements, including landscaped medians on Stockdale Highway and a traffic signal at Old Farm Road/Jewetta Avenue. This agreement allows the City to reimburse the Bakersfield Christian High School for our proportionate share of the improvement costs. Staff recommends the following to fund this reimbursement agreement: 1) Defer the Akers Road Construction project ($38,300); and 2) transfer savings realized on a resurfacing project to fund the remaining amount needed. January 2, 2003, 2:41 PM G:\GROUPDAT~ADMINR PT~2003\01-15\BCHS Reimbursement.doc ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 18, 2002 DEPARTMENT HEAD ~ROVED CITY ATTORNEY CITY MANAGER Mount Vernon Sewer Improvement (Ward 1): 1. Contract Change Order No. 1 to Agreement No. 02-181 with Nicholas Construction in the amount of $51,321.58 (for a total contract amount of $167,228.58) for the Mount Vernon Sewer Improvement Project. 2. Appropriate $50,000 Sewer Enterprise Fund balance to the Capital Improvement budget. RECOMMENDATION: Staff recommends approval of this Contract Change Order and appropriation. BACKGROUND: This project consists of replacing deteriorated large diameter sewer pipelines and manholes located just east of Mount Vernon and north of Sewer Treatment Plant #2. These pipelines are the main feed to Sewer Treatment Plant #2. While constructing this project, a large concrete vault was discovered in the area of one of the sewer manholes that is to be replaced. This concrete vault did not show up on any City record plans and was not visible from the surface. In order to properly construct the new sewer line and construct the new manhole needed in this area, this concrete vault must be removed and 12 feet of additional large diameter pipeline must be installed. Furthermore, additional bypass pumping will be needed to perform this work. The contractor has agreed to do the bypass pumping and vault removal for the lump sum price of $44,277.58. The contractor has also agreed to install the additional pipeline at the current contract price per foot which will total $7,044.00. This brings the total cost of the Contract Change Order to $51,321.58 Additional funds in the amount of $50,000 must be appropriated to fully fund this Change Order. January 7, 2003, 9:12AM G:\GROUPDA~ADMINRPT~2.003\01-15~CCO 1 Mt Vernon Sewer Improvement doc ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 9, 2003 DEPARTMENT HEAD A'I'rORNEY CITY MANAGER APEROVED Calloway Canal at Olive Drive (Ward 4): 1. Accept bid to award contract to Vadnais Corporation ($451,090) for the construction of a new box culvert for the Calloway Canal at Olive Drive. 2. Appropriate $452,000 additional traffic impact fee revenue to the Capital Improvement Program budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid and approval of appropriation. BACKGROUND: This project consists of constructing a new box culvert for the Calloway Canal at Olive Drive. This culvert is necessary for the extension of Olive Drive and for future development to the west of Calloway Drive. ~ On January 7, 2003, four (4) bids were received. Nicholas Construction has requested withdrawal of their bid and the City has agreed. Withdrawn Bid: Nicholas Construction 1975 Airport Drive Bakersfield, CA 93308 (County) Three remaining bids ara as follows: Vadnais Corporation 9164 Rehco Road San Diego, CA 92121 Granite Construction PO Box 5127 Bakersfield, CA 93388 (County) Mauldin-Dorfmeier Construction 3240 N. Millbrook Avenue Fresno, CA 93726 (Fresno) (San Diego) In the amount of In the amount of In the amount of In the amount of $449,479.20 $451,090.00 $585,590.00 $619,650.00 (WITHDRAWN) Engr. dc G:\GROUPDA3~ADMINR~l-15~ADMRPT_Box-Culvert_CaIIoway-Oliver rev Jang-03.doc January 9, 2003, 12:11PM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.z. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 16, 2002 A, PpROVED DEPARTMENT HEAD j - CITY ATTORNEY ~. CITY MANAGER SUBJECT: Accept bids from L.N. Curtis & Sons $24,486.78, FS3 $5,621.40, and AIIstar Fire Equipment Company $3,676.03 for equipment for Fire Truck #15. Total $33,784.21. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to six (6) vendors. Three (3) bids were received. In order to get the best price, staff recommends the award be split as follows: L. N. Curtis & Sons 1800 Peralta Street Oakland, CA 94607 61 items in the amount of $24,486.78 FS3 P. O. Box 10817 Santa Ana, CA 92711 t 1 items in the amount of $ 5,621.40 Allstar Fire Equipment Company 12328 Lower Azusa Road Arcadia, CA 91006 21 items in the amount of $3,676.03 Purchasing Division DW:ljm P:~ADMIN~2003 ADMIN\C03 0115 B Fire Truck #15.doc December 16, 2002, 1:32PM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'.~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 3, 2003 APPROVED DEPARTMENTHEAD CITY ATFORNEY CiTY MANAGER SUBJECT: R~ect bids for Panasonic Toughbooks and Miscellaneous Equipment for the Building Depadment. RECOMMENDATION: Staff recommends rejection of bid. BACKGROUND: Invitations to bid were sent to eight (8) vendors. One (1) bid was received prior to the deadline. Two (2) bids were delivered late due to adverse weather conditions and were not opened. Research by staff indicates the one bid received was not necessarily the lowest cost available on the market. In order to give all vendors a fair chance to bid and get the best price available, staff recommends the one bid should be rejected and the items rebid. Purchasing Division DW:ljm P:~ADMIN~2003 ADMIN\C03_0115 F Panasonic Toughbooks.doc January 3, 2003, 11:59AM ADMINISTRATIVE REPORT IMEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~.~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 2, 2003 APPROVED DEPARTMENT HEAD CITY MANAGER'~//r ~ SUBJECT: Rescind award to Coalinga Motors, Incorporated, $111,749.14, for seven (7) midsize sedans and accept bid from Jim Burke Ford, $124,526.51, to provide the vehicles. RECOMMENDATION: Staff recommends rescinding award to Coalinga Motors, Incorporated and accept bid from Jim Burke Ford. BACKGROUND: At the meeting of November 6, 2002, City Council accepted a bid from Coalinga Motors, Incorporated. When the vehicles were received at the dealership, prior to City acceptance, it was discovered they did not meet the specifications as bid because the seats were not split bench. Coalinga Motors, Incorporated, then attempted to provide the seat as required but was unable to do so. Three (3) acceptable bids were received October 9, 2002. Jim Burke Ford 2001 Oak Street Bakersfield, CA 93210 Hoblit Motors P.O. Box 910 Woodland, CA 95776 Dilfer C-J-D 626 Cecil Avenue Delano, CA 93215 (City) in the amount of $124,526.51 in the amount of in the amount of $128,037.88 $138,423.29 Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03 0115_D Midsize Sedans REVISION.doc January 8, 2003, 1:19PM ADMINISTRATIVE REPORT IMEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: '~.e,¢. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 2, 2003 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Accept bids from Jim Burke Ford $344,626.95 and Coalinga Motors $89,638.50* for nineteen (19) pickup trucks and one (1) utility vehicle for Recreation and Parks (6 additional, 2 replacement), Fire (1 additional, 2 replacement), General Services (2 additional), Development Services (2 replacement), Finance (1 additional), Solid Waste (1 additional), Telecommunications (1 replacement), Community Development (1 replacement) and Police (1 additional). Total $434,265.46. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to twenty-five (25) vendors. Three (3) bids were received as shown: Coalinqa Motors Jim Burke Ford Dilfer CJD Fullsize Pickup Cab/Chassis 3 each Above with optional wheel base 1 each No bid $30,722.35 No bid No bid $30,900.38 No bid 2 Wheel Drive pick up 1 each $17, 534.30* Above with ext. cab option 2 each No bid Above with diesel & long bed option 1 each No bid $18,481.62 $21,665.57 $20,815.23 $26,245.15 $26,824.09 $31,130.39 2 Wheel Drive 4360 GVW Above with ext. cab option 2 each $13,584.29' $14,445.97 $15,446.15 3 each $14,978.54' $16,409.71 $18,127.40 2 Wheel Drive 6000 GVW 1 each No bid Above with CNG option 4 each No bid Above with ext. cab & short bed 1 each $21,334.17 $22,117.54 No bid $21,752.89 No bid $19,146.71 $23,181.02 Utility Vehicle 1 each No bid $24,829.17 No bid Purchasing Division DW:Ijm P:\ADMIN~003 ADMiN\C03_0115_C_Trucks & Utility Vehicle.doc January 3, 2003, 10:40AM Administrative Report MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~,J. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 6, 2003 APPROVED DEPARTMENT HEAD ,/~ CITY A'I-I'ORN EY CITY MANAGER SUBJECT: Accept bid to award contract to Gilliam & Sons, Inc. ($40,264) for Demolition of Improvements at 515 Truxtun Avenue (Ward 2) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consist of demolition of the old Economic and Community Development building at 515 Truxtun Avenue for future construction of the new Convention and Visitors Bureau building on the same site. The Engineer's Estimate for this project was $47,300. Five acceptable bids were received on December 17, 2002 as follows: Gilliam & Sons, Inc 9831 Rosedale Hwy. Bakersfield, CA 93312 (City) In the amount of $40,264.00 Abateco 850 Petro Road Bakersfield, CA 93308 (County) In the amount of $43,250.00 Valley Tree & Construction 4233 Quinn Road Bakersfield, CA 93308 (County) In the amount f $43,400.00 Penhall Company 4625 District Blvd. Bakersfield, CA 93313 (City) In the amount of $54,200.00 Concrete Cutting Unlimited,Inc. 3747 Gilmore Ave. Bakersfield, CA 93308 (County) In the amount of $85,000.00 W~m G:\GROUPDAT\ADI'41NRPT\20OT\01-15\Demolidon of Improvements a[ 515 Truxtun Avenue.doc ADMINISTRATIVE REPORT IMEETING DATE: January 15, 2003 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager~/'DEPARTMENT HEAD December 16, 2002 CITY ATTORNEY CITY MANAGER Conversion of Temporary Employees to Full Time APPROVED RECOMMENDATION: Staff recommends approval of the additional positions. BACKGROUND: When Select Services terminated their contract to provide temporary employees for the City, an opportunity was provided to reevaluate the use of temporary employees. A task force was used to review temporary positions which were requested by the departments to be continued as city temporary employees. After review by the task force and discussions with department heads, this number was authorized at 74 temporary employees, down from about 186. The task force also recommended that 10 of the positions be converted to permanent positions. The 10 positions are 3 Solid Waste Equipment Operators in Solid Waste, I Service Maintenance Worker and 2 Laborers for the Construction and Demolition program in Solid Waste I lead position in the Graffiti section of General Services and 2 Building Inspectors and a Clerk Typist in Development Services. The review clearly indicated these positions need to be filled on an on-going basis and therefore need to be made regular, permanent positions, added to the budgeted complement in the 2002-03 budget year. ch January 6, 2003, 3:21PM S:~ADMINRPT~Position Conversions dot ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 8, 2003 General Plan Amendment 02-0623 (Ward 3) Mclntosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. RECOMMENDATION: Staff recommends continuing this matter to the meeting of January 29, 2003. BACKGROUND: The public hearing on this matter was closed on November 20, 2002 and the discussion by the City Council deferred to allow the applicant and staff to review possible solutions to the design problems. That evaluation has not been completed. The arterial segment proposed for deletion should be maintained and constructed as shown on the adopted Circulation Element. This arterial is a necessary component of the Circulation system and terrain does not preclude its construction. It is one of three designated arterials which will serve future development in the northeast. Presently, north of State Route-178 and between Alfred Harrell Highway and Fairfax Road, a distance of approximately four miles, the Circulation Element shows three designated arterials connecting State Route-178 and Alfred Harrell Highway. The three arterials are: Fairfax Road, Morning Drive, and Masterson Street. Deletion of Masterson Street as an arterial or deletion of any of the above three arterials would impact the expected development of the northeast. A traffic study was required for this proposal. The study proposed that with the elimination of Masterson Street, the future full build out traffic which would utilize Masterson Street would not result in any decreased "level of service" on Alfred Harrell Highway and Morning Drive. The traffic study did not address vehicular ingress/egress from the area to be served by Masterson Street to either State Route-178, Alfred Harrell Highway, Paladino Drive, etc. Nor did the study analyze emergency and secondary access requirements and traffic safety issues which will have to be ADMINISTRATIVE REPORT Page2 addressed by the applicant prior to any development nor did it evaluate the service needs of commercial development in the area. The City Council conducted a public hearing on this Circulation Element Amendment on November 20, 2002. An appeal was filed by the City of Bakersfield Public Works Department. This item was continued by the Council until the hearing of December 11, 2002 in order for the applicant and staff work out procedural requirements for modification of standards for Masterson Street. At the Council meeting of December 11, 2002, the hearing was continued until January 15, 2003. The continuation request was made by Mclntosh & Associates on behalf of White & H Partners. Applicant and staff have met but there are additional design and financial details which must be worked out in order for a better understanding of the situation. The applicants have informed staff they have not yet completed their evaluation. Therefore, staff recommends another continuance to the next meeting. The Planning Commission conducted public hearing(s) on this General Plan Amendment and recommended City Council disapproval of the applicant's request and recommended approval of the Planning Commission recommendation on October 17, 2002. The primary issue raised by the commission and applicant during the hearing was construction cost and the need for an arterial roadway through this hilly area of northeast Bakersfield. Commissioners believed that the roadway was necessary; however, they felt the road should be constructed to collector standards due to construction cost. Specifically, they recommended the roadway be constructed to full collector standards (two travel lanes, bike lanes, curbs/gutters, sidewalks, etc.) The Commission's decision was appealed by the City of Bakersfield Public Works Department. The department believes that future development in this area of the northeast will require an arterial roadway and that it should be built to bear the traffic load expected for it. RED:pjt Admin\1-15-0623 ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~'. 0~j, TO: FROM: DATE: SUBJECT: 1. 2. Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 3, 2003 Audit Reports: APPROVED DEPARTMENT HEAD CITY ATTORN YE~ CITY MANAGER Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2002. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2002. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2002. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2002. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the City's Annual Audit Report, for the fiscal year ended June 30, 2002. The CAFR represents the City's financial statements as of June 30, 2002, which are audited by the accounting firm of Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2002. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal control procedures and compliance with federal guidelines in accordance with Office of Management & Budget (OMB) Circular A-133. This annual audit was per[ormed by Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report issued by the outside auditors indicates that the City complied, in all material respects, with federal grogram guidelines. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by Agreements 76~153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield Subregional Wastewater management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, indicates that the City complied, in all material respects, with the program's guidelines. I of 2 S:\KimG\Forms & Lables~Admin-Cafr2002.doc January 3, 2003, 8:11AM ADMINISTRATIVE REPORT Attached is a letter form the City's independent auditors Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. 2 of 2 S:\KimG\Forms & Lables~Admin~Cafr2002.doc January 3, 2003, 8:11AM ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~,h ~q, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 9, 2003 Emergency Resolution to Dispense with Bidding: APPROVED DEPARTMENT "EAD'-'~ ~ ¢J'L--'- CITY MANAGER ~ 1. A Resolution Dispensing With Bidding Procedures Due To Emergency Repairs Of Sewer Line Located In The Alley Between Beech and Myrtle Streets and Extending From Palm Street to Dracena Street And Authorizing Granite Construction To Perform Repairs Not To Exceed $100,000 0Nard 2) 2. Appropriate $100,000 fund balance to the Streets Division operating budget within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends adoption of Resolution and approval of appropriation. BACKGROUND: On January 8, 2002, after investigation of a cave-in on Palm Street between Beech and Myrtle Streets, the sewer line was videoed and found to be deteriorated with several holes already in the concrete line. The line is seven feet deep and it services several homes in the area bordered by Palm and Dracena Streets, Beech and Myrtle Streets. Approximatery 700 feet of sewer line is in need of immediate replacement. The Public Works Director determined that it was an emergency and felt it was necessary to forego the normal competitive bidding procedures and instructed the Public Works Operations Manager and the Street Maintenance Superintendent to seek a contractor to perform the repairs. Granite Construction was contacted to determine whether they could perform the work immediately. They have the necessary material, equipment and expertise to perform the task of replacing the line, and were instructed to do so by City staff. It is anticipated that the project will be completed by January 17, 2003. The cost of the project is estimated to be approximately $100,000. This cost includes time, material and equipment. January 10, 2003, 11:18AM G:\GROUPDAT~ADMINRPT~2003\01-15\Emergency Sewer Line Repair dot ADMINISTRATIVE REPORT MEETING DATE: Janua~ 15,2003 AGENDA SECTION: Hearings ITEM NO: q'. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 8, 2003 DEPARTMENT CITY ATTORNEY~~ CITY MANAGER ,~'~. ,,.~ / SUBJECT: An appeal by Ken Porter and Len Turner of the Board of Zoning Adjustment's denial of a conditional use permit (CUP No. 02-0968) to allow a State licensed residential care facility for 14 juveniles, including a maximum of 8 staff members on site at any given time, in an existing single family dwelling in an R-3 (Limited Multiple Family) zone district, and a parking modification to allow a reduction in off street parking from 22 spaces (required) to 9 spaces (proposed) located at 2510 Wilson Road. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment and deny the appeal. BACKGROUND: On November 12, 2002, the Board of Zoning Adjustment (BZA) heard a request by Mr. Ken Porter to approve a Conditional Use Permit to allow a state licensed residential facility for 14 juveniles in an existing single family home that included a reduction in off street parking from 22 spaces to 9 spaces. The facility would also have up to 8 staff members on site at one time. The project site encompasses approximately 0.81 acres (35,200 square feet). The dwelling unit proposed to house the facility is an existing 2-story, 3,000 square foot home with 7 bedrooms and 2 bathrooms. This home is currently vacant. A 2-car garage is located on the east side of the property. A large open area is located to the rear of the house which is approximately 100 feet in depth where a 6' foot high block wall separates the property from single family residential uses to the north. Wilson Road (a collector with a 90-foot right-of-way) lies between the proposed use and single family residences to the south. A commercial office use is adjacent to the west and apartments exist to the east of the subject site. According to the applicant's "group home program statement" (a copy is in the City Clerk's office for reference), services are designed to treat young adults aged 13 to 17 with delinquency problems. This includes those who have committed offenses against other persons, offenses against property, drug and/or alcohol related offenses and use of weapons. The program will also Janua~/ 8, 2003, 8:4 ADMINISTRATIVE REPORT page-2- accept young adults who have been physically abused, sexually abused, abandoned, emotionally abused, or neglected. These teens would be referred to the program by Juvenile Court or the Depadment of Social Services and would only be accepted into the program if they passed an in- house evaluation by the program's counselors. The program statement further indicates the facility will not accept teens who have been severely medically neglected, ritualistically abused or that have been involved with arson. With regard to the parking modification request, the applicant proposed 9 parking spaces on the site. Of the 9 parking spaces, 2 are within a detached garage on the east side of the property and are associated with the apartments to the east so they could not be counted. The applicant provided a letter stating that none of the clients will be allowed to possess or bring a motor vehicle on to the subject site. The program statement indicates that employees will provide for most of the transportation needs of the teens that will need transportation to medical visits and other off site activities. Staff recommended that a minimum of 13 parking spaces be provided on site to accommodate the use. The BZA received a total of 84 letters concerning the project, one in support and 83 in opposition (copies are in the City Clerk's office for reference). They also heard much testimony against the project as to its incompatibility in the neighborhood. The Board agreed with the residents and found that the use was not compatible with the neighborhood based on the type of offenses by the young adults who would occupy the facility and denied the request with a 2-1 vote. It was noted that the applicant could operate this residential facility for up to 6 clients without land use approval from the City as long as they had a state license. ADMINISTRATIVE REPORT MEETING DATE: January 15. 2003 IAGENDA SECTION: Hearings ITEM NO: ~'.b. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 8, 2003 DEPARTMENT HE.,~_~... CITY ATTO R N E[y/~.../~ ,~ CITY MANAGER SUBJECT: An appeal by Stephanie Lawson of the Board of Zoning Adjustment's denial of a zoning modification (MOD No. 02-0870) to allow the retention and enlargement of a tree house at 0 (zero) feet in the street side yard where a 10 foot setback is required and at 15 feet in the front yard where a 25 foot setback is required in a R-1 (One Family Dwelling) zone located at 1720 Doolittle Avenue. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment and denying the appeal. BACKGROUND: The applicant requested that the Board of Zoning Adjustment (BZA) consider allowing his existing tree house to remain within the front yard and street side yard building setback areas of a corner lot. This tree house extends 10 feet into the required 25-foot front yard along Doolittle Avenue being 15 feet from the front property line, and extends to the street side property line along Fremont Street where a 10-foot setback is required. It further encroaches into the street right-of- way of Fremont Street approximately six feet with plans for expansion extending it six additional feet to the curb (the tree house would therefore extend 12 feet into the right-of-way). The bottom floor of the tree house is approximately 10 feet above the ground. Construction of the tree house was in progress when a complaint was received by the Code Enforcement Division. On June 21, 2002, a code officer issued a 7-day notice to abate the tree house to the property owner (Matthew Hill). With no action taken by the property owner, the Building Director held a hearing on July 23, 2002 regarding the tree house at which time the applicant indicated he would seek approval of a zoning modification from the BZA and an encroachment permit from Public Works to permit it to remain. Although staff strongly encouraged the applicant to remove the tree house and move it into the back yard since there was no justification submitted in support of the request, the applicant elected to submit fees and an application to the Planning Division to process the modification and permit completion of a 430 square foot tree house. ADMINISTRATIVE REPORT pago-2- The Board received comments only in support of the request from neighboring residents. However, the Board was concerned about the structural stability of the tree house and continued the matter from their October meeting so that both Building and Public Works staff could inspect the structure and report back to the BZA. At the Board's November meeting, staff noted that the structure would require a building permit with a structural analysis by an engineer, and an encroachment permit if it were allowed to remain. The Board found that the tree house is unstable and they were concerned about the liability to the city concerning accidents (children falling out of the tree house into the street) and that it would be difficult to limit access to the tree house because it is in the front yard. The Board's conclusion was that it would be an attractive nuisance and it was noted that it would be preferable if the tree house were located in the back yard where access would be controlled to just the property owner's family and guests. Approval of the request would be materially detrimental to the public welfare, health and safety, and the Board denied the application. The appeal is by Stephanie Lawson, a neighbor, who states that the tree house is a positive addition in the neighborhood. She notes that the tree house fulfills a dream of Mr. Hill's teenaged son and that as long it is structurally safe, it should remain. If the City Council were to overturn the Board of Zoning Adjustment and approve the tree house, the property owner would still be required to 1) submit to the Building Department an application and plans with a structural analysis for a building permit, and 2) submit to the Public Works Department an application and plans for an encroachment permit to allow the tree house to overhang the right-of-way. ADMINISTRATIVE REPORT MEETING DATE: January 15, 2003 AGENDA SECTION: Hearings ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 2, 2003 APPROVED DEPARTMENT HEAD Protest hearing as required by Resolution of Intention No. 1284 proposing to add territory, Area 4-24 (Baker Street) to the Consolidated Maintenance District. 1. Resolution adding territory, Area 4-24 (Baker Street), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City is proposing to install street landscaping in Baker Street between Niles Street and Jackson Street. To provide for the maintenance for the street landscaping this resolution proposes to add territory (Area 4-24, Baker Street) to the Consolidated Maintenance District. This hearing is to hear protests to adding Baker Street to the Consolidated Maintenance District. The resolution proposes to add territory (Area 4-24, Baker Street) to the Consolidated Maintenance District. Area 4-24 is generally bounded by Niles Street on the north, King Street on the east, Jackson Street on the south and Kern Street on the west. Notices were sent out to each property owner within the area. As of January 2, 2003, ten ballots have been returned, all in favor of adding this area to the Consolidated Maintenance District. Ballots may be received up to the close of the protest hearing. This area will be under the streetscape zone of benefit and when street landscaping and lighting improvements have been installed, assessed an amount for street tier 2. The addition of this territory to the Consolidated Maintenance District complies with the requirements of Proposition 218. Lvd January 3, 2003, 8:14AM S:\PROJECTS\MAINDIST~ADMINRPT~MD4-24Est03.dot MEETING DATE: ADMINISTRATIVE REPORT JanuaW 15,2003 AGENDA SECTION: ITEM: NEW BUSINESS TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: December 23, 2002 CITY A'YrORNEY CITY MANAGER SUBJECT: Disposition of 113 Acres on Mt. Vernon Avenue. (Ward 1) RECOMMENDATION: Staff recommends the property be bid. BACKGROUND: For many years, the City has owned a 113-acre parcel off of Mt. Vernon, south of Highway 58 and adjacent to the lagoons of the Wastewater Treatment Plant. Eleven or twelve years ago, with a previous City Manager and Public Works Director, there were plans to make this the future home of the City Corporation Yard. Our current Corporation Yard is off Truxtun, but sometime over the next five to seven years it will have to be relocated because a future phase of the Westside Parkway runs through its center. About ten years ago, staff came to a determination that the Mt. Vernon site was too far to the east to be a suitable Corporation Yard with a city that is growing rapidly to the northwest and southwest. Travel time is simply too great for it to be convenient for the garbage trucks, street sweepers, and many other vehicles that leave from it each day for sites all over the City, which, due to rapid growth, are increasingly to the northwest and southwest. Not even the construction of the Westside Parkway will make access from Mt. Vernon to West Bakersfield convenient or reasonable. We have recently been looking at properties for the future Corporation Yard in the area of the alignment of the Westside Parkway near Highway 99, which would provide a central location and have good east-west and north-south movement. Over the last ten years, we have offered the Mt. Vernon property many times to job creators. It is in both the Enterprise Zone and Southeast Bakersfield Redevelopment Project Area. We have had many prospects, but never any takers. Typically, corporate offices have decided on other property alternatives citing concerns about the lagoons breaking (not a realistic issue) or about odors from the lagoon. When the Southeast Bakersfield Redevelopment Project Area was created, a peculiarity in State law required that the Project Area have debt in order to be able to collect the tax increment. It occurred to us that we were attempting to get industry and job creation on that site, so we proposed a deal between the City and Redevelopment Agency. The City would "sell" the Agency the property so that debt for it would be on the books and the Agency would market the property to job creators. That circumstance remains January7, 2003, 5:08PM S:~Admin Rpts~2003\Mt. Vernon Sale 011503.dot AT:aP Page 1 ADMINISTRATIVE REPORT the case today. It was never intended that debt payments would occur, only that the City was helping the Agency to get the debt in place that was necessary to collect the tax increment. Over the last year or so, Castle & Cooke approached the City about selling the property. They also contacted Councilmember Carson, who supported the sale - in part because they had a greater likelihood of professionally marketing it to job creators than the City did. After discussion, it was agreed to recommend the sale to the City Council at the appraised value. The Agency took a preliminary action to authorize negotiation of the sale. The item was tentatively on the City Council agenda of November 20th, but was pulled because: 1) The legal department concluded that to sell an Agency-owned property, an Agency vote and 2/3 City Council vote are necessary. All other property is sold by majority vote - this appears to be an exception. 2) Two people resigned from the Agency and one other had surgery. With the holiday Council schedule and a need for the Mayor to recruit and seek Council approval for replacements, time was needed to be able to get an Agency quorum. 3) After ten years of trying to give the property away, the City received an unsolicited offer in excess of the appraised value amount negotiated with Castle and Cooke. Although it was agreed to recommend the sale to Castle and Cooke at appraised value, the City cannot realistically turn the offer down if it proves to be in the taxpayers' best interest. There is no legal or binding aspect to any sale pending or discussed until and unless authorized by City Council. Recommendation Staff continues to believe the property is not central enough for a Corporation Yard. Having two Yards carries huge overhead costs and is not realistic. Duplication of $800,000 in parts, inventory, staffing, gas pumps and other costs totaling millions would occur. Staff continues to recommend the property be sold and jobs to help Southeast Bakersfield be created on it. With apologies to Castle and Cooke, due to unforeseen contingent circumstances, "bidding" the property seems to be the best alternate. It carries some risk as the prospective purchasers may or may not participate. Nonetheless, this seems like the fairest alternate given the current conditions. January 7, 2003, 5:08PM S:~Admin Rpts~2003\Mt. Vernon SaKe 011503.dot AT:al Page 2