HomeMy WebLinkAbout02/09/2000 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF FEBRUARY 9, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m~
PRE-MEETING
1. ROLL CALL
(15 min)
(15 min)
(15 min)
WORKSHOP
a. SCA 3 - ½ Cent Sales Tax Update. (Public Works Director Raul Rojas)
b. Status Report on construction of the Bakersfield Amtrak Station and Q Street
Underpass. (Arnold Ramming, Project Manager)
c. Bakersfield Water Supply Outlook for 2000 (Water Resources Manager Gene
Bogart)
CLOSED SESSION
Conference with Legal Counsel - Potential Litigation
Significant exposure to litigation pursuant to Subdivision (b)(3)(C) of Government
Code Section 54956.9; One potential case.
Conference with Legal Counsel - Existing Litigation
Closed session pursuant to Subdivision (a) of Government Code Section 54956.9;
City of Bakersfield vs. U.S. Fire Insurance Company, et al.; Los Angeles Superior
Court Case No. BC171941.
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9;
City of Bakersfield, etc. vs. Valley Communities, Inc., etc., et al.; Kern County
Superior Court Case No. 238380-RA
REGULAR
1.
2.
3.
MEETING
INVOCATION by Bob Anderson, First Assembly of God Church
PLEDGE OF ALLEGIANCE
ROLL CALL
4. CLOSED SESSION ACTION
(Ward 5)
(Ward 4)
PRESENTATIONS
a. Presentation by Mayor Price of Proclamation to Conchita Nieto-Moreno, American
Society of Civil Engineers Southern San Joaquin Branch Past President, proclaiming
February 20-26, 2000 as "National Engineers Week".
PUBLIC STATEMENTS
APPOINTMENTS
CONSENT CALENDAR
Minutes:
a. January 26, 2000 Council Meeting.
Payments:
b. Payments from January '15, to January 28, 2000 in the amount of $4,'166,260.06;
and Self Insurance payments from January '15, to January 28~ 2000 in the amount
of $46,427.09.
Resolutions:
c. Resolution establishing ambulance service charges.
d. Resolution of Application proposing proceedings for annexation of territory by
annexing to the City of Bakersfield property identified as Annexation No. 412 located
along the north side of Rosedale Highway, west of Freeway 99.
Agreements:
e. Improvement Agreement with B & C Associates for Parcel Map 9630 located west
of Coffee Road, south of Brimhall Road.
f. Multi-Agency Aerial Imagery Co-Operative Agreement:
1. Memorandum of Understanding with Kern COG as Lead Agency for Multi-
Agency Aerial Imagery Co~Operative Agreement, City's portion not to exceed
$67,200.
2. Appropriate $37,200 Fund Balance to the Capital Improvement Budget within
the Transportation Development Fund.
3. Appropriate $20,000 Fund Balance in the Sewer Enterprise Fund to the
Capital Improvement Budget within the Transportation Development Fund.
4. Transfer $10,000 from the Operating Budget in the Agricultural Water Fund
to the Capital Improvement Budget within the Transportation Development
Fund.
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(Ward 4)
(Ward 4)
(Ward 4)
(Ward 3)
(Ward 5)
(Ward 2)
CONSENT CALENDAR continued
Agreement with Fruitvale Properties LLC to purchase real property at the southwest
corner of Coffee and Norris Roads for $73,000 for a domestic water storage tank
site.
Kern River Parkway Property Acquisition Purchase Agreement for $118,000 with
Delvin Dwight McDonald and Betty L. McDonald and to acquire real property located
west of Coffee Road, between the Cross Valley Canal and the Kern River Channel.
Agreement with BHA Properties LLC to purchase real property located at 10418
Crandon Park Drive for $25,000 to expand an existing water well site.
Contract with Select Temporary Services for temporary employees.
Amendment No. 1 to Agreement No. 98-300 with Bart J. Thiltgen - City Attorney's
Contract.
Amendment No. I to Agreement No. 99-325 with Mountain View Bravo, Inc. for
preparation of an Environmental Impact Report for concurrent General Plan
Amendment/Zone Change P99-0647.
Bids:
Award Annual Contractto Jim Alfler, Cement Contractor, forcanallinerrepair, not
to exceed $52,400.
Award Contract to Space Leasing Company, $16,485 to provide and install a mobile
office trailer at the Police Pistol Range.
Award Contract to Halopoff and Sons, $341,169.60 for installation of Domestic
Water Line to Interconnect Ashe and Fairhaven Water systems for the Water
Resources Department.
Award Contract to Bakersfield Laundry, for laundry service for the Fire Department,
not to exceed $19,392 per year. This contract is for one year, with two one year
extensions at the City's option.
Bakersfield AMTRAK Station and Q Street Underpass:
Award Contract to Elite Landscaping, Inc., $809,688 for construction of
irrigation, landscaping improvements and water features for Bakersfield
Amtrak Station and irrigation and landscaping improvements for Q Street
Underpass.
Appropriate $500,000 Transportation Enhancement Act (TEA) funds to the
Capital Improvement Budget within the Amtrak Fund.
Appropriate $600,000 Burlington Northern and Santa Fe Railway (BNSF)
project share for the Q Street Grade Separation project to the Capital
Improvement Budget within the Gas Tax Fund.
-3-
(Ward 4)
(Ward 4)
10.
CONSENT CALENDAR continued
Miscellaneous:
r. Revised Job Specification: Assistant Finance Director.
Staff recommends adoption of Consent Calendar Items a. through r.
HEARINGS
General Plan Amendment and Zone Change No, P99-0701:
Clarence Kastner for Caltree, Inc. has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan consisting of a
change from Resources-Intensive Agriculture to Low Density Residential on
56.73 acres on properly located at the northwest corner of Noriega Road
and Jewetta Avenue.
Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning
Map by changing the zoning [rom Agriculture, 20 acre minimum, to One
Family Dwelling on 56.73 acres for property located at the northwest corner
of Noriega Road and Jewetta Avenue.
Staff recommends adoption of resolution and first reading of ordinance,
General Plan Amendment and Zone Change No. P99-0867:
Porter Robertson Engineering & Surveying, Inc. has requested to amend the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Agriculture to Low Density Residential on 5
acres on the west side of Renfro Road, south of Johnson Road, and on the
north side of the future Kern River Freeway alignment.
Resolution approving the Zone Change requesting a change from
Agriculture to One Family Dwelling on the subject site.
Staff recommends adoption of resolution and first reading of ordinance.
REPORTS
a. Legislative and Litigation Committee Report No. 1-00 relating to Use of Electric
Bikes on the Bike Path.
Legislative and Litigation Committee recommends acceptance of report.
b. Legislative and Litigation Committee Report No. 2-00 relating to Procedures for
placing an item on the Council Agenda.
Legislative and Litigation Committee recommends receive and place on file.
-4-
10.
REPORTS continued
c. Urban Development Committee Report No. 1-00 regarding Borba Dairy
Development.
Urban Development Committee recommends acceptance of report.
11.
DEFERRED BUSINESS
Discussion and policy direction regarding council member attendance at committee
meetings when not a member of the committee, and associated Brown Act noticing
requirements.
Staff recommends discussion and direction by Council.
12.
NEW BUSINESS
a. Ordinance adding Section 12.56.055 to the Bakersfield Municipal Code relating to
Expulsion from Recreational Facilities,
Staff recommends first reading of the ordinance.
b. Ordinance amendir~g Section 2.28.090 of the Bakersfield Municipal Code relating to
the Board of Zoning Adjustment.
Legislative and Litigation Committee recommends first reading of ordinance.
c. 2000 Legislative Platform.
Legislative and Litigation Committee recommends approval.
13. COUNCIL STATEMENTS
14, ADJOURNMENT
S :\Council',AGEN DA\F EB900.wpd
February 3, 2000 (11:02am)
Respectfully submitted,
-5-
BAKERSFIELD
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
FEBRUARY 4, 2000
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ~/'~ ~ ~___/
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - FEBRUARY 9, 2000, COUNCIL MEETING
PRE-MEETING
There are three workshops scheduled: 1) An update of the ¼ cent sales tax by Public Works
Director Raul Rojas; 2) A status report of the Bakersfield Amtrak Station and Q Street Underpass
by Arnold Ramming, Project Manager; and 3) A water report by Water Resource Manager, Gene
Bogart.
There are three closed session items: 1) conference with Legal Counsel regarding Potential
Litigation; 2) conference with Legal Counsel regarding Existing Litigation on City of Bakersfield
vs. U.S. Fire Insurance Company; and 3) conference with Legal Counsel regarding Existing
Litigation on City of Bakersfield vs. Valley Communities.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be
highlighted include:
Resolutions:
Item 8c. Resolution establishing ambulance service charges. On Jan. 26, 2000, the City Council
conducted a public headng regarding a proposed increase in ambulance rates. The new rates are
scheduled to take effect on Apdl 9, 2000, upon adoption by the City Council of a resolution setting
rates. The following proposed rates are recommended to change: basic life support $357, an
increase of $15; mileage $16, an increase of one dollar; night charge $70, an increase of three
dollars; and emergency response $52, an increase of two dollars.
Item 8d. Resolution of Application proposing proceedings for annexation of property located alonq
the north side of Rosedale Hiqhway, west of Freeway 99. The proposed annexation consists of
approximately 20 acres of land located along the north of Rosedale Highway west of Freeway 99.
The property owner has consented to annexation and wishes to receive City services.
HONORABLE MAYOR AND CITY COUNCIL
February 4, 2000
Page -2-
Agreements:
Item 8f. Multi-Aqency Aedal Imaqerv Co-Operative Agreement with Kern COG. appropriations and
transfer of funds related thereto. The City relies upon up-to-date aerial photography to perform
their day to day work activities. With the City growing as quickly as it has, Bakersfield must have
its aerial photographs updated on a regular basis. Approximately 18 agencies in Kern County are
collaborating to share the cost of digital aerial imagery of the Kern County area. Collaborating
produces a reduced price for each agency. The City's share is estimated at $67,200, and Kern
County is contributing the equivalent of $72,000. If the City were to obtain the imagery for the
metropolitan area by itself, the cost would exceed $200,000. Staff made efforts to work with
private firms who were interested in joining our effort; however, those efforts did not produce
cost-effective results. This item also appropriates funds from the Transportation Development
Fund (37,200), Sewer Enterprise Fund ($20,000), and the Agricultural Water Fund ($10,000) to
pay for the aerial photographs.
Item 8q. Aqreement with Fruitvale Properties LLC to purchase real property at the southwest
corner of Coffee and Norris Roads for $73,000 for a domestic water storage tank site. The
domestic water storage tank and booster pump facility is necessary in the northern portion of the
Rivedakes area to provide adequate storage and water supply due to the growth in the Northwest.
The facility comprises 3.06 gross acres. The purchase price of $73,000 is based on an MAI
appraisal and is consistent with sales of comparable properties in the area. On December 2,
1999, the Planning Commission found the acquisition of this property consistent with the 2010
General Plan.
Item 8h. Kern River Parkway Property Acquisition Purchase Agreement for $118,000 with Delvin
Dwight McDonald and Betty L. McDonald and to acquire real property located west of Coffee Road
between the Cross Valley Canal and the Kern River Channel. The property consists of six acres
and provides another link to the equestrian trail running along the north side of Kern River. The
purchase is being funded with proposition 204 funds obtained through the efforts of the City, Kern
River Parkway Committee, and others. The State Department of Fish and Game is responsible
for administering the funds. The purchase price of $118,000 was established by an independent
appraisal. On February 3, 2000, the Planning Commission found this acquisition consistent with
the 2010 General Plan.
Item 8i. ARreement with BHA Properties LLC to purchase real property located at 10418 Crandon
Park Drive for $25,000 to expand an existinq water well site. In November 1997, the City
purchased a single-family lot at the southeast corner of Verdugo and Brimhall to construct a
domestic water well. After the water well was completed, Water Resources determined it would
be necessary to install a water quality treatment facility, which would not fit on the existing
property. Consequently, the Cit¢ is purchasing the adjacent lot which contains approximately 7500
square feet for this purpose. The owner, B.HA. Properties, LLC, will be responsible for all off-site
improvements as set forth in the purchase agreement. The purchase price of $25,000 is based
on a certified appraisal and is consistent with sales of comparable properties in the area. On
January 20, 2000, the Planning Commission found the acquisition of this property consistent with
the 2010 General Plan.
HONORABLE MAYOR AND CITY COUNCIL
February 4, 2000
Page -3-
!tem 8i. Contract with Select Temporary Services for temporary employees. On October 20,
1999, the City Council approved an RFP for the provision of all temporary City employees
through a professional temporary employee agency. This action followed a three-month pilot
program using a professional temporary agency to supply employees to three divisions of Public
Works. There are some significant problems associated with our current practice of hiring
temporary employees. First, the City Charter limits temporary employees hired through the City
to 960 hours per year, after which we are required to terminate the employee. This continued
recruitment cycle means increased medical examination costs, constant orientation and training,
and significant disruption for departments that employ these workers. Second, there are
significant insurance expenditures associated with temporary employees hired by the City.
Workers' compensation costs for temporary employees are rising; in fact, our largest workers'
compensation claims involve City-hired temporary employees. We also find that City-hired
temporary employees neadng the end of their 960-hour limit are more likely to file claims against
the City.
Staff developed an RFP and sent it to 20 agencies in Kern County who appeared qualified to
supply our job classifications. The top three agencies, Select Personnel Service, Manpower, and
Adecco were interviewed. Staff unanimously recommends Select Personnel Services to provide
all temporary employee needs. Select Personnel Services has the flexibility to modify pay rates
to meet any of our hard to fill positions. The City will receive a discount on the markup for
employees the City refers to them who are subsequently hired. S.E.I.U. has been informed
throughout this process and pilot program, and does not object to the use of a temporary agency
for temporary hires.
Item 8k. Amendment No. 1 to Agreement No. 98-300 - City Attorney's Contract. This contract
amendment implements changes to the City Attorney's contract in accordance with the annual
evaluation of Bart Thiltgen, City Attorney, on January 26, 2000. This amendment includes a salary
increase to $10,000 per month retroactive to January 18, 2000.
Item 81. Amendment No. 1 to Aqreement No. 99-325 for preparation of an Environmental Impact
.R. eport for concurrent General Plan Amendment/Zone Change P99-0647. On December 15
1999, the City entered into agreement with Porter-Robinson Engineering and Surveying, Inc., for
the preparation of an environmental impact report for a project located between Paladino Drive,
Highway 178, and Morning Drive. The property owners have requested that Porter*Robinson be
replaced with Mountain View Bravo LLC. The amendment to the agreement also clarifies that the
cost of services may be made in three installments.
Bids:
Item 8m. Bid Award to Jim Alfter, Cement Contractor for canal liner repair, not to exceed $52,400.
Staff receive one acceptable bid, and recommends award to Jim Alfter, Cement Contractor. This
annual contract is for one year with an additional year renewal at the option of the City.
HONORABLE MAYOR AND CITY COUNCIL
February 4, 2000
Page -4-
Item 8n. Bid Award to Space Leasing Compare/to provide and install a mobile office trailer at the
Police Pistol Range in the amount of $16,485. Staff received three acceptable bids, and
recommends award to Space Leasing Company.
Item 8o. Bid Award to Halopoff and Sons for installation of Domestic Water Line to Interconnect
A~he and Fairhaven Water Systems in the amount of $341,169.60. Staff received nine acceptable
bids, and recommends award to Halopoff and Sons.
Item 8p. Award Annual Contract to Bakersfield Laundry for laundry service for the Fire
D~partment, notto exceed $19,392 per year. Staff received one acceptable bid, and recommends
award to Bakersfield Laundry. This contract is for one year, with two one-year extensions at the
City's option.
Item 8q. Bid award to Elite I_andscapinq, Inc. for construction of irrigation, landscaping
improvements and water features for Bakersfield Amtrak Station, and irrigation and landscaping
improvements for Q Street Underpass in the amount of $809,688, and appropriations related
thereto. Staff received two acceptable bids, and is recommending the award to Elite Landscaping,
Inc. In addition to awarding bid, staff is appropriating $500,000 of TEA funds to the Capital
Improvement Budget within the Amtrak Fund, and $600,000 for the Q Street Grade Separation
project in the Capital Improvernent Budget within the Gas Tax Fund to pay for irrigation,
landscaping, and water features. The appropriation amount in excess of the bid award is to pay
for reimbursable expenses for the project paid by Burlington Nor[hem Santa Fe Railroad. This is
the last major construction contract for these two projects.
Miscellaneous:
Item 8r. Revised Job Specification: Assistant Finance Director. The resignation of the Assistant
Finance Director has prompted the need to recruit a replacement. Because the job specification
has not been updated since 1984, the Finance Director has recommended changes prior to
announcing a recruitment. The major change in the job description adds a master's degree in
business or public administration experience. The job specification will be presented before the
Miscellaneous Civil Service Board at their regular meeting on February 15, 2000 There is no
budgetary impact because the salary will remain the same.
HEARINGS
Item 9a. General Plan Amendment and Zone Chanae for property located at the northwest corner
of Nodega Road and Jewetta Avenue. The 56-acre site located northwest of Jewetta Avenue and
Noriega Road is in agricultural use, consisting of an almond orchard, and a farm dwelling and
related structures at the southeast corner. The recently developed Polo Grounds residential
community borders the site on the east and south sides. An elementary school site is being
developed by the Rosedale Union School District south of the site, at the southwest corner of
Jewetta Avenue and Noriega Road. The North Bakersfield Recreation and Parks District is
planning the development of a 40-acre community park and recreation facility. All public services
and facilities impacted by the project can be mitigated in accordance with the requirements of
HONORABLE MAYOR AND CITY COUNCIL
February 4, 2000
Page -5-
affected governmental agencies. There was no public testimony regarding this proposal during
the Planning Commission hearings. The Planning Commission recommended approval of General
Plan Amendment and Zone Change on December 16, 1999.
Item 9b. General Plan Amendment and Zone Change for property located on the west side of
Renfro Road, south of Johnson Road, on the north side of the future Kern River Freeway
aliqnment. The site consists of an undeveloped remnant area on the west side of Renfro Road
south of Johnson Road alongside the boundary of the future Kern River Freeway right-of-way.
This remnant was thought to be needed for an interchange. The property was part of an
annexation completed in 1991, which included a Genera~ Plan Amendment and Zone Change.
Since that time, the interchange at Renfro Road has been dropped, and the applicant wishes to
extend the existing zoning and utilize this five acres in an adjacent residential subdivision. No
opposition or public controversy related to the request was expressed during the public hearings.
Staff has determined the project to be exempt from the provisions of CEQA because the proposed
land-use amendment and zone change constitutes a minor extension of existing designations.
No other environmental concerns were raised during the hearing process, and the applicant is in
agreement with the conditions of approval. The Planning Commission recommended approval
of the General Plan Amendment and planned commercial development on December 16, 1999.
REPORTS
!~em 10a. Legislative and Litigation Committee Report No. 1-2000 relating to Use of Electric Bikes
on the Bike Path. At the Legislative and Litigation Committee meetings on January 20 and
January 31, 2000, the committee discussed the use of electrical bikes on the bike path. They
reviewed information provided by residents who encourage electric bike use on the bike path as
well as those who were opposed. The committee recommended making no changes in the City's
ordinance at this time. Staff was directed to explore the possibilities for using electric bikes on City
streets, and to contact Kern COG to determine if having motorized vehicles on the bike path would
jeopardize future funding.
Item 10b. Legislative and Litigatio_n Committee Report No. 2-00 relating to Procedures for Placinq
an Item on the Council Aqenda This item was reviewed by the committee on January 20th and
January 31st. The procedures currently in place include the following; 1) any Council member can
place an item on the agenda by notifying the City Manager's Office prior to the deadline for
agenda reports, 2) information should be submitted eight working days prior to a scheduled
Council meeting, 3) the City Cle~.'s Office prepares a draft agenda, which is then reviewed by the
City Manager and Department Heads on the Tuesday after the Friday deadline, and 4) the packet
is sent to the pdnter on Thursday for distribution to Council on Fdday. The current schedule allows
staff adequate time for preparation and flexibility to add late items while still meeting the
requirements of the Brown Act. The committee recommends the report be received and filed.
Item 10c. Urban Development Committee Report No. 1-00 regarding Borba Dairy Development.
At the Urban Development Committee meeting of January 31, 2000, numerous comments were
received from speakers, both in favor and opposed to the proposed dairy project. Committee
members expressed concerns that there were a number of unanswered questions that needed
HONORABLE MAYOR AND CITY COUNCIL
February 4, 2000
Page -6-
to be addressed before a recommendation could be made to the full Council. It was requested
that staff provide additional background information on the impacts on air quality, water quality,
and odor control; possible relocation to another site; the approval process; the implications to the
2010 General Plan; and the maximum number of cows allowed at the site. It was suggested a
workshop format before the entire Council would be the best way to present the information to the
Committee as well as the entire Council in order to promote a well informed decision. The
Committee recommends a Council workshop be scheduled for February 23, 2000, on the Borba
Dairy development with 20 minutes each for the proponents and opponents to make presentations
regarding the project. The Urban Development Committee will meet on February 28, 2000, to
further discuss the project and bring back a recommendation to the Council on the issue at the
March 15, 2000 Council meeting. The Committee recommends acceptance of the report.
DEFERRED BUSINESS
Item 11a. Discussion and policy direction reqardinq Councilmember attendance at committee
meetings when not a member of the committee and associated Brown Act noticinq requirements.
Dudng the Council meeting of December 12 1999, the question was posed as to whether a City
Council member who was not an appointed member of a standing committee could legally attend
a meeting of that committee. A response was provided that a Council member could legally
attend, but only as an observer and could not participate in meeting. Subsequently, at the Council
meeting of January 12, 2000, Council member Maggard requested this issue come before the
Council for full discussion. Due to potential confusion that could exist, a revised City Attorney
opinion on the subject has been prepared reflecting the 1997 change to the Brown Act. This
matter was deferred from the January 26th City Council meeting.
NEW BUSINESS
Item 12a. Ordinance adding Section 12.56.055 of the Bakersfield Municipal Code relatinq to
Expulsion. Recently there have been several incidents at City recreation facilities where incidents
of verbal abuse, and inebriated individuals have caused problems. Also, incidents such as fighting
or throwing objects required the police to be called to remedy the situation. However, there is
nothing to prevent these individuals from returning immediately thereafter. Therefore staff
proposes the attached ordinance which permits the expulsion of individuals who were being
disruptive or jeopardizing safety systems in City own recreational facilities. The ordinance
authorizes the Director, Assistant Director, Pool Managers, and head lifeguards to expel
individuals that disrupt the reasonable peace and enjoyment of others. There is no limit on the
number of times an individual may be expelled on the ordinance, but the expulsion is limited to 24
hours after the incident.
Item 12b. Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to the
Board of Zoning Adjustment. The proposed amendment to the Municipal Code eliminates the City
Attorney's Office from membership, whether as a member or as an alternate, on the Board of
Zoning Adjustment. Since the City Attomey is required to provide legal advice to the City Council
in the event of an appeal from a decision of the Board of Zoning Adjustment, it would create an
apparent conflict of interest (even if no actual conflict exists) if a member of the Board of Zoning
Adjustment, or an alternate member, were to be from the City Attorney's office. Staff is
recommending the appointment of a member and an alternate from the Economic and Community
Development Department as a replacement for the City Attorney's Office member and alternate.
The Legislative and Litigation Committee recommends first reading of the ordinance.
HONORABLE MAYOR AND CITY COUNCIL
February 4,2000
Page-7-
Item 12c. 2000 Legislative Platform. The Legislative and Litigation Committee met on January
31, 2000 to review the t999 platform and suggest changes for the year. The changes include
adding urban development as an item under support for legislation which promotes safe, efficient,
cost-effective, and responsible management of various environmental components; supporting
legislation which provides increased funding of cultural, recreation, and open space programs;
supporting legislation or a constitutional amendment which provides permanent fiscal relief for
cities in light of the state budget surplus; and opposing legislation which intrudes into the City's
collective bargaining and rights.
AT.AC:al
cc: Department Heads
City Cterk's Office
News Media File
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Workshop
ITEM: 2 .a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 28, 2000
SCA 3 - % cent sales tax Update.
DEPARTMENT HEADA ~PP ~ED
CITY ATTORNE~/~
CITY MANAGER iJ~.
RECOMMENDATION:
BACKGROUND:
Public Works staff will give a bdef update on the development of an expenditure plan in accordance with the
provisions of Senate Constitutional Amendment No. 3 (SCA). SCA 3 is a proposed measure to create a local
trai~sportation r~v¢nue source by increasing the retail transactions and use tax by % cent. The expenditure
plan is required to be approved and adopted no later than June 1, 2000.
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Workshop
ITEM: 2. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 28, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNL~ -
CITY MANAGER .~.,~
Status Report on construction of the Bakersfield Amtrak Station and Q Street Underpass
RECOMMENDATION:
BACKGROUND:
Amold Ramming, Project Manager, willpresentareportonthecurrentconstructionstatus ofthesetwo
premierp~ects.
ADR Jan 28, 2000 Public Works, Engineering Design
S:\PROJECTS~ARNOLD~AMTRAK.STA~ADMIN REPORT 01 28 00.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Workshop
ITEM: 2 .c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
February 2, 2000
Bakersfield Water Supply Outlook for 2000
APPROVED
DEPARTMENT HEAD~-~-~
ClTY ATFORNEY ~
ClTY MANAGER~-"~~
RECOMMENDATION:
BACKGROUND:
Presentation by Water Resources department staff on the Bakersfield and Kern River water supply outlook
for 2000. Included in the report will be a brief discussion on methods used in predicting and forecasting Kern
River runoff, an update on California State Water Project deliveries to the Bakersfield area and highlights of
future water projects in the City.
FC:
S:~000ADMRPTS~FEOgWT1WS
February 2, 2000, 1:54pM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Closed Session
ITEM: 3. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
January 28, 2000
APPROVED
DE.ARTME.T.EAD
CITY MANAGER
Conference with Legal Counsel -- Potential Litigation
Significant exposure to litigation pursuant to subdivision (b)(3)(C)
of Government Code section 54956.9
One (1) potential case.
RECOMMENDATION:
BACKGROUND:
BJT:laa
FE09CA1.CS
January 28, 2000, 9:02am
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Closed Session
ITEM: 3. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Bart J. Thiltgen, City Attorney
January 28,2000
DEPARTMENT HEAD ,,~"~'
C, YATTOR.E¥
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield v. U.S. Fire Insurance Company, et al.;
Los Angeles Superior Court Case No. BC171941
RECOMMENDATION:
BACKGROUND:
BJT:ADD:Iaa
FE09CA2.CS
January 28, 2000, 9:04am
ADMINISTRATIVE
REPORT
IMEETING DATE: February 9, 2000
AGENDA SECTION: Closed Session
ITEM: 3 .c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
February 3, 2000
Conference with Legal Counsel -- Existing Litigation
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield, etc. v. Valley Communities, Inc., etc., et al.;
Kern County Superior Court Case No. 238380-RA
RECOMMENDATION:
BACKGROUND:
BJT:laa
FE09CA3.CS
February 3, 2000, 9:07am
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Presentations
ITEM: 5 · a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Bob Price
January 28, 2000
AI~ROVED
DEPARTMENT H EA~///~
CITY ATTORNEY
CITY MANAG ER ~/f/(.~
Presentation by Mayor Price of Proclamation to Conchita Nieto-Moreno, American Society of
Civil Engineers Southern San Joaquin Branch Past President, proclaiming February 20-26,
2000, as "National Engineers Week".
RECOMMENDATION:
BACKGROUND:
January 28, 2000, 10:43am
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
January 14, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY N/A
Minutes of the regular Council meeting of January 26, 2000.
RECOMMENDATION:
BACKGROUND:
bz
S:\Council\admins~ADMINS\FEB900.wpd
January 28, 2000, 2:59pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
APPROVED
January 28, 2000
DEPARTMENT HEAD ,~/',/~
CITY ATTORNE~Y ~':~")'
CITY MANAGER ~/~'
Approval of department payments from January 15, 2000 to January 28, 2000 in the amount
of $4,166,260.06 and self insurance payments from January 15, 2000 to January 28, 2000
in the amount of $46,427.09.
RECOMMENDATION:
Staff recommends approval of payments totaling $4,212,687.15.
BACKGROUND:
s:~acctpay~adminf~l .wpd
nks
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8.c.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
DATE: January 27, 2000 CITY ATTORNEY ~
CITY MANAGER ,~__/'~/~
SUBJECT:
Resolution Establishing Ambulance Service Charges.
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
On January 26, 2000, the City Council conducted a public hearing regarding the proposed increase in
ambulance rates. There were comments made by one individual regarding the proposed rate schedule.
Staff has prepared the resolution to implement the rates proposed by Hall Ambulance. Pursuant to the
Ambulance Ordinance, the new rates are to take effect on April 1, 2000 upon adoption by the City Council
of a resolution setting the rates. The Council may increase, decrease, accept or alter the charges proposed
in the resolution.
The following is the proposed rate schedule:
Current Proposed Increase
Basic Life Support ("BLS")
(Includes prescheduled non-emergency
responses when ALS procedures are not
requested or provided)
$ 342.00 $ 357.00 +$15.00
Advanced Life Support ("ALS")
(Includes all 911 responses, responses not
pre-arranged within two hours of ambulance
dispatch time and non-emergency responses
when ALS services are specifically requested
or provided)
$ 575.00 $ 575.00 No change
January 27, 2000, 12:31 PM
ADMINISTRATIVE REPORT Page 2
Current Prooosed Increase
Miteage
(Per mile from pick-up point to delivery
point)
$15.00 $16.00 +$1.00
Night Charge
(7:00 p.m. to 7:00 a.m.)
$ 67.00 $ 70.00 +$ 3.00
Emergency Response
(911 responses and code 3 use during
response or transport for private
emergency calls)
$ 50.00 $ 52.00 +$ 2.00
Oxygen
(Per cylinder or portion thereof used)
$ 57.00 $ 57.00 No change
Disposable Supplies
(No change requested)
(Disposable supplies include any, and all advanced life support ("ALS") or basic life
support ("BLS") supplies utilized during patient treatment, and any drugs and
medications included within the Kern County EMS scope of practice and within the
Medicare reimbursement list. This excludes item(s) restocked by hospitals or provided
by certified first responders, unless the item(s) used by certified first responders are
replenished by ambulance providers. Charges shall be itemized and the maximum
charge for ALS or BLS medical supplies shall be $t00.00 and the maximum charge for
those drugs and medications included within the Kern County EMS scope of practice
and within the Medicare reimbursement list shall not exceed $275.00. The total
amount charged under this category shall not exceed $375.00 )
Staff recommends adoption of the resolution.
JWS:jp
S:\JOHN~AMB~Ambulance Rate Admin report and Resolution 2000.wpd
January 27, 2000, 12:31 PM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Consent
tl TEM: 8 d
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 7, 2000
APPROVED
DEPARTMENT HEAD ~~.
CITY ATTORNEY ~'~
CITY MANAGER
A Resolution of Application proposing proceedings for annexation of territory by annexing
to the City of Bakersfield property identified as Annexation No. 412 located along the north
side of Rosedale Highway, west of Freeway 99. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This resolution of application proposes proceedings for annexation of territory identified as
Annexation No. 412 to the City of Bakersfield.
The proposed annexation consists of approximately 20 acres of uninhabited land located along the
north side of Rosedale Highway, west of Freeway 99.
The property owner has consented to annexation and wishes to receive city services.
MO:pjt
(admin\2-9-413)
January 18, 2000, 2:38PM
DMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8.e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 21, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Improvement Agreement with B & C Associates for Parcel Map 9630 located west of Coffee
Road and south of Brimhall Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
This Agreement is entered into to secure the improvements required for
Subdivision Maps. Such improvements include, but are not limited to, streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT IS FILED IN THE
CITY CLERK'S OFFICE FOR REVIEW.
G:\GROUPDAT~ADMINRPT~2000\February 9\lmprov Agreement PM 9630.wpd
January 24, 2000 (1:37pm)
TD/mm
ADMINISTRATIVE
REPORT
rMEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. ~:.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 30, 2000
Multi-Agency Aerial Imagery Co-Operative Agreement:
DEPARTMENT HEAD ,/~
CITY ATTORNEY I~-~'~-------~
CITY MANAGE~~
1. Memorandum of Understanding with Kern COG as Lead Agency for Multi-Agency Aerial
Imagery Co-Operative Agreement - (City's portion not to exceed $67,200).
2. Appropriate $37,200 fund balance to the Capital Improvement Budget within the Transportation
Development Fund.
3. Appropriate $20,000 fund balance in the Sewer Enterprise Fund to the Capital Improvement
Budget within the Transportation Development Fund.
4. Transfer $10,000 from the operating budget in the Agricultural Water Fund to the Capital
Improvement Budget within the Transportation Development Fund. (All Wards)
RECOMMENDATION:
Staff recommends approval of Agreement (Memorandum of Understandin g-MOU)
and appropriations.
BACKGROUND: This administrative report provides for a multi-agency agreement, with the Kern Council of
Governments (Kern COG) asthe lead agency, to purchase aerial imaging ofthe Kern County area.
The City of Bakersfield relies upon up-to-date aerial photography to perform their day to day work activities. The
last set of aerial photographs taken of the city are nearly five years old. With the City growing as quickly as it has,
Bakersfield must have its aerial photographs updated on a regular basis.
Aerial imagery affords much better resolutions that the aerial photography used in the past, but is more costly.
Approximately 18 agencies (see attached) in Kern County are collaborating to share in the cost of digital aerial
imagery of the Kern County area. This would yield a reduced price for each agency by eliminating overlapping
purchases by local governments. The City of Bakersfleld's share is estimated at $67,200.00. The County of Kern
is contributing the equivalent of $72,000. All the agencies contributing to the cost ofthe high resolution imagery
will have access to all of the imagery. If the City were to obtain the imagery for the Metropolitan area by itself, the
cost would exceed $200,000. The resulting aerial images will be able to be incorporated into the City's GIS
database and will provide useful planning information.
January 31, 2000, 10:15AM
G:\GROUPDA'ISADMINRP'r\2000~February 9~Aerial Imagery MOU.wpd
ADMINISTRATIVE REPORT .age
This MOU designates Kem COG as the lead agency for this project. Kern COG will prepare and disseminate the
Requests for Proposals for aedal imagery of the Kern County Area. A consultant selection committee will review
the responses and make a recommendation to the Kern COG Board. The Kern COG Board will make the final
selection.
Staff recommends funding $10,000 of the aedal imagery cost with Water Department funds and $20,000 of Sewer
Enterprise Funds. The Water Department's share of the project cost is currently included in their operating budget,
This administrative report transfers the appropriation to the Transportation Development Fund. The remainder
is an eligible Transportation Development Fund expense.
January 31, 2000, IO:20AM
G:\GROUPDAT\ADMiNRP'r~2.000\February 9~Aerial Imagery MOU.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8 .g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 21, 2000
APPROVED
DEPARTMENT H EAD~",~
CITY ATTORNEY
CITY MANAGER
Agreement with Fruitvale Properties LLC to purchase real property at the southwest corner of
Coffee and Nords Roads for $73,000 for a domestic water storage tank site. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: A domestic water storage tank and booster pump facility is necessary in the northern portion
of the Riverlakes area to provide adequate storage and water supply due to the growth in the northwest. The
domestic water storage tank and booster pump facility will allow necessary domestic water flow for fire and
customer demand. The domestic water storage tank and booster pump facility site comprises 3.06 gross
acres. Currently, the property is planted in strawberries under a short term lease. The purchase price of
$73,000 is based on an appraisal by Bruce A. Beaudoin, MAI an independent fee appraiser and is consistent
with sales of comparable properties in the area.
On December 2, 1999, the Planning Commission found the acquisition of this property consistent with the
Metropolitan Bakersfield 2010 General Plan.
DMA/s
January 21, 2000, 4:11pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Grego~ J. Klimko, Finance Director
January 19,2000
DEPARTMENT HEAD
CITY A'I'I'ORN EY ~'~
CITY MANAGER/'~
Kem River Parkway Property Acquisition Purchase Agreement for $118,000 with Delvin Dwight
McDonald and Betty L. McDonald and to acquire real property located west of Coffee Road
between the Cross Valley Canal and the Kern River Channel. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The property comprises approximately 6.01 acres and will provide another link in the
equestrian trail running along the north side of the Kern River, (map attached). The purchase is being funded
using Proposition 204 funds obtained through the efforts of the City, Kern River Parkway Committee, and
others. The State Department of Fish and Game is responsible for administering the Proposition 204 funds.
The City does not receive the funds directly, rather they are deposited into escrow by the State.
The purchase price of $118,000 was established by an independent appraisal prepared by Bruce A.
Beaudoin, MAI, an independent fee appraiser.
On February 3, 2000, the Planning Commission is being asked to find this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
DMAJs
January 19, 2000, 2:44pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: $. i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 19, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,~f.~/~:~Y~,~
Agreement with BHA Properties LLC to purchase real property located 10418 Crandon Park
Drive for $25,000 to expand an existing water well site. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: In November of 1997, the City purchased a single family lot at the southeast corner of
Verdugo Lane and Brimhall Road to construct a domestic water well. After the water well was completed
Water Resources determined it would be necessary to install a water quality treatment facility which would
not fit on the existing property. Consequently, the City is purchasing the adjacent lot which contains
approximately 7,500 square feet for this purpose. The owner, BHA Properties LLC will be responsible for
all off-site improvements as set out in the purchase agreement. The purchase price of $25,000 is based on
an appraisal by Kathy L. Orren, a certified staff appraiser and is consistent with sales of comparable
properties in the area.
On January 20, 2000, the Planning Commission found the acquisition of this property consistent with the
Metropolitan Bakersfield 2010 General Plan.
DMAJs
January 19, 2000, 4:46pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Carroll Hayden, Human Resources Manager
January 14, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Contract with Select Temporary Service for Temporary Employees
~ r~=COMMENDATION:
Staff recommends approval of the contract.
BACKGROUND:
At the October 20, 1999 Council meeting, Council approved issuing a Request for Proposal (RFP) to contract
for the provision of all temporary employees the City has need of through one or more professional
temporary employee agencies. This followed a 3-month pilot program using a professional temporary
agency to supply temporary employees to three divisions of Public Works and the review of the results of
this pilot program by the Budget and Finance committee.
There are some significant problems associated with our current practice of hiring temporary employees.
The Human Resources division recruits and hires temporary employees on behalf of City departments, but
the City charter limits temporary employees hired through the City to 960 hours per year. After a temporary
employee has worked 960 hours within one year, the charter requires that we terminate their employment.
Typically, another temporary employee is recruited to replace them. This continuous recruitment cycle
means increased medical examination costs, constant orientation and training for departments, and
significant disruption for the departments that employ these workers.
There are significant insurance expenditures associated with temporary employees hired by the City. Our
analysis shows that workers' compensation costs for temporary employees are rising. Overall, some our
largest workers' compensation claims involve City-hired temporary employees. We also find that City-hired
temporary employees nearing the end of their 960 hour limit are more likely to file workers' compensation
claims against the City. In addition, the majority of our unemployment insurance costs come from City-hired
temporary employees.
If a temporary services agency supplies our temporary employment needs, the agency would be responsible
for pre-placement medical exams, workers' compensation costs, unemployment insurance costs and any
Page 2
other costs associated with being an employer.
Staff developed a comprehensive RFP and sent it to twenty-one agencies in Kern County, who appeared
able to supply temporary employees in the requisite job classifications. Fourteen proposals were received
and reviewed by a multi-disciplinary committee for meeting the criteda of the RFP, price considerations and
overall best fit with the City needs. The top three agencies, Select Personnel Services, Manpower and
· ^decco were interviewed by the committee and the unanimous decision was made to recommend
contracting with Select Personnel Services for the provision of all of the City's temporary employee needs.
Select Personnel Services has the ability to provide qualified temporary employees, has the ability to provide
employees in all of the areas the City needs, has their own Department of Transportation random drug
testing program and understands the many diverse legal requirements of being an employer providing
temporary employees to organizations. Select Personnel Services has the flexibility to modify pay rates to
meet any of our hard to fill positions. The rates paid employees are purely market driven. The City will
receive a discount on the markup from Select Personnel Services for employees we refer to them who are
subsequently hired by them.
S.E.I.U. has been informed throughout this process of RFPs and the pilot program and does not object.
Additionally, they are being furnished with reports of employees hired through a temporary services agency.
Therefore, based upon the professional qualifications, experience and cost considerations, staff
recommends that this contract with Select Personnel Services for a term of three years be approved.
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
January 27, 2000
APPROVED
DEPARTMENT HEAD //c~/~
CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 98-300 -- City Attorney's Contract
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
This contract amendment implements changes to the City Attorney's Contract in accordance with the
annual evaluation of Bart J. Thiltgen, City Attorney, on January 26, 2000. This amendment includes a salary
increase to $10,000 per month retroactive to January 18, 2000.
S:~COUNCIL~Admins~Atty-Ag~Amd I .wpd
RMS:Iaa
FE09CA1.CC
January 27; 2000, 4:34pm
ADMINISTRATIVE
REPORT
I MEETING DATE: February 9, 2000
I AGENDA SECTION: Consent I TEIfl: 8. 1 . I
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Development Services- Planning
January 19,2000
DEPARTMENT HEAD
A rOR.E¥
CITY MANAGER
Amendment No. 1 to Agreement No. 99-325 for preparation of an Environmental Impact
Report for concurrent General Plan Amendment/Zone Change P99-0647. (Ward 3)
RECOMMENDATION:
Adopt Amendment No. I to Agreement No. 99-325.
BACKGROUND:
This amendment would change the name of the applicant from "Porter-Robinson Engineering and
Surveying, Inc." to "Mountain View Bravo, LLC." Although Porter-Robertson represented Mountain
View Bravo in making applications to the City, it has been agreed that Mountain View Bravo, as the
property owner should be identified as the applicant and party responsible for funding the EIR.
The second amendment would include in the contract an agreement with staff on the timing of
payments to coincide with milestones of work accomplished. The total estimated amount ($104,065)
is not changed by this amendment.
February 2, 2000, 9:29AM
P:~admin\Feb~-9-0325.wpd~mjm
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8 .m.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 25, 2000
APPROVED
DEPARTMENT
C, A o " EY
C,.MANAGER'-~'~/~/~
SUBJECT:
Accept bid to award annual contract to Jim Alfter, Cement Contractor, not to exceed
$52,400.00 for canal liner repair.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This type of contract has been used by the Water Department to repair concrete
portions of the City's carrier and river canals for over ten years. This annual contract is for one year with an
additional year renewal at the option of the City. Invitations to bid were sent to seven (7) vendors. One (1)
bid was received, from the current contract holder, without any increase in unit prices.
Jim Alfter, Cement Contractor
2000 Dracena Street
Bakersfield, CA 93304
(City) in the amount of $52,400.00
P:~ADMIN\C000209B.wpd
GJK:Ijm
January 25, 2000, 2:08pm
ADMINISTRATIVE
REPORT
IMEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8 .n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 25, 2000
APPROVED
DEPARTMENT HEAD/'~
CITY ATTORI~EY ~
CITY MANAGER~~
SUBJECT:
Accept bid to award contract to Space Leasing Company, $16,485.00, to provide and install
a mobile office trailer at the Police Pistol Range.
RECOMMENDATION:
Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were sent to seven (7) vendors. Three (3) bids were received
December 8, 1999, as follows:
Space Leasing Company
810 North Pleasant Avenue
Fresno, CA 93728
in the amount of
$16,485.00
Pacific Mobile Structures, Incorporated
1136 North 9th Street
Modesto, CA 95350
in the amount of
$16,677.84
Williams Scotsman
14500 Las Palmas Drive #55
Bakersfield, CA 93306
(City)
in the amount of
with 1% Sales Tax consideration
$16,925.57
$16,672.75
P:~ADMIN\C000209A.wpd
GJK:~m
January 25, 2000, 3:23pm
ADMINISTRATIVE REPORT
IMEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: $. o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
January 19, 2000
APPROVED
DEPARTMENT HEAD{~
CITY ATTORNEY
CITY MANAGER--~,
Accept bid of $341,169.60 and award contract to Halopoff and Sons for "Installation of
Domestic Water Line to Interconnect Ashe and Fairhaven Water Systems" for the Water
Resources Department. (Ward Number 5)
RECOMMENDATION: Staff recommends acceptance.
BACKGROUND: This domestic water mainline will interconnect two City-owned domestic water systems
(Ashe System and Fairhaven System). The water main will be located along the bike path at Truxtun Ave.
and Mohawk St. then northeasterly across the Kern River to interconnect to Fairhaven pump station F102
located behind the Doubletree Motel. This connection will insure critical looping of domestic water and fire
protection service during pump failures, power interruptions and emergencies. When completed this
interconnection of water systems will enable water from the City's 2800 Acre water bank to be used to supply
the Fairhaven service area. The engineers estimate was $465,000. Funds are available in the current Water
Resoumes Department budget.
Nine bids were received on January 19, 2000 for this project. The results are as follows:
Halopoff and Sons
140 East Morton Avenue
Porterville, CA 93257 (Out of County) ..................... in the amount of $341,169.60
Nicholas Construction
16824 Johnson Road
Bakersfield, CA 93312 (County) ......................... in the amount of $381,857.93
January 25, 2000, 1:25pm
S:~000 ADM RPTS\FB9WT1CC
ADMINISTRATIVE REPORT Page 2
DDH Apple Valley Construction
9312 Deep Creek Road
Apple Valley, CA 92308 (Out of County) ................... in the amount of $384,471.90
HPS Plumbing Services, Inc.
401 34th Street
Bakersfield, CA 93301 (County) ......................... in the amount of $447,380.00
Griffith Company
1898 South Union
Bakersfield, CA 93306 (County) .........................
in the amount of $451,000.00
Utah Pacific Construction
40940 Eleanora Way
Murrieta, CA 92562 (Out of County) ......................
in the amount of $496,776.00
Sierra Cascade
1043 West Ave M-4 Suite E
Palmdale, CA 93551 (Out of County) ..................... in the amount of $510,439.00
Zondiros Corporation
250 28th Street
Hermosa Beach, CA 90254 (Out of County) ................ in the amount of $625,475.00
West Valley
755 Santiago Avenue
El Granada, CA (Out of County) ......................... in the amount of $667,460.00
January 25, 2000, 1:25prn
S:~000 ADM RPTS\FB9WT1CC
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
TEM: 8. p.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 28, 2000
APPROVED
DEPARTMENT HEAD
C, A,,OR
CITY MANAGER
SUBJECT:
Accept bid to award contract to Bakersfield Laundry, not to exceed $19,392.00 per year, for
laundry service for the Fire Department. This contract is for one year, with two one year
extensions at the City's option.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This type of contract has been used by the Fire Department to provide laundry service
for sheets, blankets, etc. for the various fire stations. Invitations to bid were sent to nine (9) vendors. One
(1) bid was received, from the current provider, without any increase in unit prices.
Bakersfield Laundry
720 Oak Street
Bakersfield, CA 93304
(City) in the amount of $19,392.00
P:~,DMIN\C000209C.wpd
GJK:Ijm
February 2, 2000, 9:36am
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
TEM: 8 .q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council A~f~ROVED
Raul Rojas, Public Works Director DEPARTMENT HEAD
CITY ATTORNEY
January 28, 2000
CITY MANAGER'~
Bakersfield AMTRAK Station and Q Street Underpass:
1. Accept bid and award contract to Elite Landscaping, Inc. ($809,688.00) for
Construction of Irrigation, Landscaping Improvements and Water Features for
Bakersfield Amtrak Station and Irrigation and Landscaping Improvements for Q Street
Underpass;
2. Appropriate $500,000 Transportation Enhancement Act (TEA) funds to the Capital
Improvement Budget within the Amtrak Fund.
3. Appropriate $600,000 Burlington Northern and Santa Fe Railway (BNSF) project
share for the Q Street Grade Separation project to the Capital Improvement Budget
within the Gas Tax Fund. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and approval of
appropriations.
BACKGROUND: This contractwillconstructtheirrigation, landscapingandwaterfeaturesforboththenew
Bakersfield Amtrak Station and the Q Street Underpass. This is the last major construction contract for these
two projects. The TEA funds were approved by the California Transportation Commission at its November,
1999 meeting. These funds will be used for installing the irrigation, landscaping and water features on the
Amtrak Station site. Per the City's agreement with BNSF (Agreement 99-155), BNSF is to contribute funds
in the amount of 10% of the Q Street Grade Separation project costs. These funds will be applied to the
construction of that project.
The contract amount of $809,688 is split between the Amtrak Station Project ($656,826) and the Q Street
Underpass Project ($152,862). The TEA appropriation, combined with existing budget funds, will be used
to pay for the Amtrak Station portion of this contract. The BNSF appropriation of $600,000 will be used to
fund the Q Street Underpass portion of this contract in addition to funding both prior and current expenses
incurred on this project.
With these additional appropriations, funds are available within the accounts of both projects for the
construction of these improvements. Two bids were received on January 21, 2000 as follows:
Elite Landscaping, Inc.
2914 Phillip Ave.
Clovis, CA 93612 (out of town) in the amount of $809,688.00
Kern Sprinkler Landscaping, Inc.
5001 Woodmere Dr.
Bakersfield, CA 93313 (city)
in the amount of
$1,237,815.00
ADR Feb 3, 2000 Public Works, Engineering Design
G:~eng\SHARED\PROJECTS~ARNOLD~AMTRAK.STA\Bid irrigation Landscape~Admin Report 01_27_00.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. r.
TO: Honorable Mayor and City Council ~\/ APPROVED
FROM: Carroll Hayden, Human Resources Manage DEPARTMENT HEAD
DATE: January 25, 2000 CITY ATTORNEY
CITY MANAGER
Assistant Finance Director
SUBJECT:
Revised Job Specification:
RECOMMENDATION:
Staff recommends approval of the revised job specification.
BACKGROUND:
The resignation of the Assistant Finance Director has prompted the need to recruit a replacement.
Because the job specification has not been updated since 1984, the Finance Director has recommended
changes prior to announcing a recruitment. Specific changes reflect current assignments and
qualifications.
The job specification will be presented to the Miscellaneous Civil Service Board at their regular meeting
on February 15, 2000. There is no budgetary impact because the salary will remain the same.
Staff recommends approval of the revised job specification.
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Public Hearing
ITEM: 9. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 5, 2000
CITY MANAGER
~,PBROVED
/
General Plan Amendment and Zone Chanoe No. P99-0701 (VVard 4)
Clarence Kastner for Caltree, Inc. has applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan consisting of a change from Resources~
Intensive Agriculture to Low Density Residential on 56.73 acres on property generally
located at the northwest corner of Noriega Road and Jewetta Avenue.
An ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map by
changing the zoning from A - 20A (Agriculture - 20 acre minimum) to R-1 (One Family
Dwelling) on 56.73 acres for property generally located at the northwest corner of
Noriega Road and Jewetta Avenue.
RECOMMENDATION:
Staff recommends adoption of Resolution and first reading of Ordinance.
BACKGROUND:
Since 1990, two similar Land Use Element amendments and concurrent zone changes have been
approved on a total of 171 acres to the north and west of the subject site, effecting a change from
Resource-intensive Agriculture to the Low Density Residential designation. The applicant proposes
a residential density that is compatible with the existing developed portions of the Polo Grounds to the
east and south. Urban level services are available that can be extended into this area, and circulation
improvements will be required pursuant to the mitigation measures recommended in the traffic study.
Upon completion of proposed public projects to the south, educational facilities and recreational
amenities will exist in the vicinity. Several large scale urban level development projects have recently
been approved by the County of Kern in the unincorporated agricultural area generally located to the
north and northwest of the project site. These approvals include the Rosedale Ranch Specific Plan
amendment and the Coberly-Etcheverry Ranch. No development has yet been initiated within any of
the County project boundaries.
January 10, 2000, 1:26PM
ADMINISTRATIVE REPORT Page 2
The 56-acre site located northwest of Jewetta Avenue and Noriega Road is in agricultural use,
consisting of an almond orchard and a farm dwelling and related structures at the southeast corner.
The recently developed Polo Grounds residential community borders the site on the east and south
sides. An elementary school site is being developed by the Rosedale Union School District south of
the site, at the southwest comer of Jewetta Avenue and Noriega Road. West of the school site, the
North Bakersfield Recreation & Park Distdct is planning the development of a 40 acre community park
and recreational facility.
All public services and facilities impacts of the project can be mitigated in accordance with the
requirements of affected governmental agencies. There was no public testimony regarding this
proposal during the Planning Commission hearings. The Planning Commission recommends approval
of General Plan Amendment and concurrent Zone Change P99-0701.
(MJM)
(admin\feb~2-9-0701)
Januar~ 10, 2000, 1:26PM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Public Hearing
ITEM: 9 · b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 6, 2000
~A-RPROVED
DEPARTMENT I~DAD
CITY ATTORNE~'~_/~'
cl'r~
General Plan Amendment and Zone Change No. P99-0867 (Ward 4)
Porter Robertson Engineering & Surveying, Inc. has requested to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from
Agriculture to Low Density Residential on 5 +/- acres on the west side of Renfro Road
south of Johnson Road, on the north side of the future Kern River Freeway alignment.
Resolution approving the Zone Change requesting a change from Agriculture (A) to
One Family Dwelling (R-1-12,000, R-1-10,000 and R-1-8,500) on the subject site.
RECOMMENDATION:
Staff recommends adoption of resolution and first reading of Ordinance.
BACKGROUND:
The site consists of an undeveloped "remnant" area on the west side of Renfro Road south of Johnson
Road along side the boundary of the future Kern River Freeway right-of-way. This "remnant" was
thought to be needed for an interchange. The property was part of an annexation completed in 1991
that included a General Plan Amendment and Zone Change. Subsequently, the intemhange at Renfro
Road was "dropped" and the applicant wishes to extend the existing zoning and utilize this five acres
in the adjacent residential subdivision.
At the time, the request did not include the property within the freeway right of way plan, and it also
excluded the adjoining land along Renfro Road that could be used for an on ramp. The applicant
retained ownership of the property, but it was left in an Agriculture designation and zoning in
cooperation with the City.
A tentative tract map has subsequently been prepared for the property including the off ramp area.
Since it was determined that no land would be required for access to the proposed freeway at this
location, the proposed General Plan Land Use Amendment and consistent zone change is not contrary
to the future objectives of the City or the General Plan Circulation Element.
January 10, 2000, 2:34PM
ADMINISTRATIVE REPORT .aoo 2
The present General Plan amendment requests a change from the existing Resources - Intensive
Agriculture to a Low Density Residential land use map designation. The proposed Low Density
designation is consistent with the residential density of the adjoining property owned by the applicant.
The proposed zoning is an extension of the tiered density concept approved for the previous case in
1991. This zoning pattern consists of an R-1 zone with lots of 12,000, 10,000 and 8,500 square foot
minimum lot sizes extending southerly from Johnson Road. A consistent tiered zoning concept for
the entire contiguous tract map site would result from approval of this case.
No opposition or public controversy related to the request was expressed during the public hearings.
Staff has determined the project to be exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the General Rule, as the proposed land use amendment and zone
change constitutes a minor extension of existing designations.
No other environmental concerns were raised during the hearing process, and the applicant is in
agreement with the conditions of approval. The Planning Commission recommends approval of the
General Plan Amendment and the concurrent Planned Commercial Development..
(MJM)
(adrnin\feb~2-9-0867)
January 10, 2000, 2:34PM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Reports
ITEM: 10.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 31, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
C I TY MANAGER
Legislative and Litigation Committee Report No. 1-00 relating to Use of Electric Bikes on
the Bike Path
RECOMMENDATION:
Legislative and Litigation Committee recommends acceptance of report.
BACKGROUND:
At the Legislative and Litigation Committee meetings of January 20 and January 31,2000, the Committee
discussed the use of electric bikes on the bike path. The Committee reviewed information provided by
residents who encouraged electric bike use on the bike path as well as those who were opposed; an
ordinance used by another city, staff memoranda, funding concerns, and other information.
After reviewing the pros and cons, the Committee approved making no changes in the City's ordinance
to allow electric bikes on the bike path at this time. Staffwas directed to explore the possibilities for use
of electric bikes on city streets and will contact KernCOG regarding funding-related issues.
(P:\L& LV~,DM00-02-09-2)
February 2, 2000, 8:47AM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: Reports
ITEM: ].0.b.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD /~
DATE: February 1, 2000 CITY ATTORNEY ./X..~/
CITY MANAGER
SUBJECT:
Legislative and Litigation Committee Report 2-00 relating to Procedures for Placing an Item
on the Council Agenda
RECOMMENDATION:
Legislative and Litigation Committee recommends receive and file.
BACKGROUND:
The item of reviewing and recommending a procedure or policy for Councitmembers to place an item on
the Council's agenda was placed on the Legislative and Litigation Committee's agenda on January 20 and
subsequently deferred to its January 31 meeting. City Manager Alan Tandy illustrated the procedures
currently in place for submitting agenda items, indicating that generally an agenda item report and
background information is requested eight working days prior to a scheduled Council meeting date
(normally a Friday). Any Councilmember can place an item on the agenda by notifying the City Manager's
Office prior to that deadline. The Clerk's Office prepares a draft agenda based on that information which
is reviewed at an agenda conference of the city manager and department heads the Tuesday after the
Friday deadline. Some items may be added at that session but it is preferred, unless they are very routine,
that the original Friday cut off be adhered to whenever possible. After that Tuesday meeting, the Clerk
prepares the final agenda packet to be sent to the printer's on Thursday. The Council receives the full
packet the next day (on Friday).
Thursday the packet is sent no later than 4:00 p.m. to the printer's for distribution to the Council on Friday.
After this time, statutory requirements must be met in order to add an item to the agenda. In certain
instances during reduced work weeks (i.e., holidays), time schedules are "backed up" to accommodate
shortened time frames and legal noticing requirements. The current schedule allows for adequate staff
preparation and a limited amount of flexibility relative to adding items late in the process while still meeting
the Brown Act noticing requirements of State law. In rare instances where policy questions come into play
on late item additions, the City Manager may consult with the Vice Mayor for guidance.
In special and infrequent instances, items can be placed on the agenda after it is noticed but only when
the Council as a whole (requiring five votes) declares it to be an emergency and when action must be
taken prior to the next regularly scheduled meeting. State law also regulates what can be considered an
emergency.
(P:~L&L~ADM00-02-09-3)
February 2, 2000, 8:45AM
ADMINISTRATIVE REPORT
Attached is a calendar reflecting Council meeting dates, agenda preparation deadlines, and agenda
conference dates. Please note that November reflects a shortened work week schedule and early packet
delivery due to holidays.
The Legislative and Litigation Committee feels the procedures in place attempt to accommodate as nearly
as possible the scheduling flexibility needed by staff and Council while following Brown Act requirements.
Therefore, the Committee respectfully requests the Council receive this report for filing.
(P:\L&L~ADM00-02-09-3)
February 2, 2000, 8:45AM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Reports
ITEM: 10.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
February 1, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,~,~/
Urban Development Committee Report No. 1-2000 regarding Borba Dairy Development.
RECOMMENDATION: The Committee recommends acceptance of the report.
BACKGROUND:
At the request of Councilmember Salvaggio, the City Council referred the issue of resident concerns
regarding the Borba Dairy development and drafting of a resolution in opposition to the Dairy development
to the Urban Development Committee. Staff provided the Council with the executive summary from the
Environmental Impact Report and a chronology of actions related to the project. The Urban Development
Committee met on Monday January 31, 2000 to review the issue.
At the meeting numerous comments were received from speakers, both in favor and opposed to the
proposed dairy project. Committee members expressed concerns that there were a number of unanswered
questions that needed to be addressed before a recommendation could be made to the full Council.
Committee members, therefore, requested that staff provide additional background information on the
impacts on air quality, water quality, and odor control; possible relocation to another site; the approval
process; the implications to the 2010 General Plan; and the maximum number of cows allowed at the site.
The Committee desired additional information from both the proponents and opponents of the project. It was
suggested that a workshop format before the entire Council would be the best way to present the information
to the Committee as well as the entire Council in order to promote a well informed decision. Therefore, the
Committee recommends that a Council workshop be scheduled for February 23, 2000, on the Borba Dairy
development with 20 minutes each for the proponents and opponents to make presentations regarding the
project. Subsequent to the workshop, the Urban Development Committee will meet on February 28, 2000,
to further discuss the project and bdng back a recommendation to the Council on the issue at the March 15th
City Council meeting. The Committee recommends acceptance of the report.
S:~JOHN\UrbanDev\Borba Admin Report wpd
Februa~ 1,2000, 10:27AM
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: Deferred Business
ITEM: l!.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Bart J. Thiltgen, City Attorney
January27,2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Discussion and policy direction regarding council member attendance at committee meetings
when not a member of the committee, and associated Brown Act noticing requirements
RECOMMENDATION:
Staff recommends discussion and direction by Council.
BACKGROUND:
During the City Council Meeting of December 12, 1999, a question was posed whether a City Council
member who was not an appointed member of a standing committee could legally attend a meeting of that
standing committee. A response was provided that such a Council member could legally attend but only as
an observer and could not participate in the meeting. Subsequently, at the Council Meeting of January 12,
2000, Council member Maggard requested this issue be placed on the Council's agenda for full Council
discussion.
Due to potential confusion that could exist, a revised City Attorney Opinion on this subject has been
prepared reflecting the 1997 change in the Brown Act. A copy of this revised opinion is attached as
background for the Council's discussion.
At the January 26, 2000 City Council Meeting, this matter was deferred to February 9, 2000.
S:lCOUNCIL~Adrnins\CommMtgAttend.wpd
BJT:laa
FE09CA1 .DB
January 27, 2000, 9:42am
ADMINISTRATIVE
REPORT
IMEETING DATE: February 9, 2000
AGENDA SECTION: New Business
ITEM: !2.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Recreation and Parks Director
APPROVED
DEPARTMENT HEAD
January 18, 2000 CITY ATTORNEY
CITY MANAGER .
An Ordinance Adding Section 12.56.055 of the Bakersfield Municipal Code Relating to
Expulsion from Recreational Facilities
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
City recreation and park facilities are for the enjoyment of all City residents. In the past, there have
been several incidents where the fun and safe environment for both the public and staff at City pools and
recreation facilities have been compromised by verbally abusive or inebriated individuals and incidents such
as fighting or throwing objects. When these have occurred, the police have been called to remedy the
situation, however, there is nothing to prevent said individuals from returning to the facilities immediately
thereafter.
As such, staff proposes the attached Ordinance which permits the expulsion of individuals who are
being disruptive or jeopardizing the safety of citizens and staff using City recreational facilities. The Ordinance
only authorizes the Director, Assistant Director of Recreation and Parks, and City employed Pool Managers,
Assistant Pool Managers and head Lifeguards to expel individuals that disrupt the reasonable peace and
enjoyment or safety of others using a City recreational facility. Although there is no limit on the number of
times an individual may be expelled under the Ordinance, an expulsion issued under the Ordinance shall not
exceed twenty-four (24) hours.
S:\COU NCl L~Ad rnins\Expulsion.wpd
VG:alj
February 1, 2000, 4:15pm
FE09CA.NB
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000 AGENDA SECTION: New Bus [ness
ITEM: !2.b.
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
SUBJECT:
Bart J. Thiltgen, City Attorney
November 24, 1999
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
An Ordinance Amending Section 2.28.090 of the Bakersfield Municipal Code Relating to the
Board of Zoning Adjustment.
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of ordinance.
BACKGROUND:
Staff is proposing an amendment to Section 2.28.090 of the Bakersfield Municipal Code concerning
the appointment of members to the Board of Zoning Adjustment.
The proposed amendment eliminates the City Attorney's Office from membership, whether as a
member or as an alternate, on the Board of Zoning Adjustment. Since the City Attorney is required to provide
legal advice to the City Council in the event of an appeal from a decision of the Board of Zoning Adjustment,
it would create an apparent conflict of interest (even if no actual conflict exists) if a member of the Board of
Zoning Adjustment, or an alternate member, were to be from the City Attorney's Office.
Staff is recommending the appointment of a member and an alternate from the Economic and
Community Development Department as a replacement for the City Attorney's Office member and alternate.
Because the Board of Zoning Adjustment considers conditional use permits and modifications, staff believes
that a representative from the Economic and Community Development Department would have pertinent input
into these decisions, along with the current Building Department and Public Works members.
The only other amendments to Section 2.28.090 are technical changes reflecting the currently existing
staggered terms for each of the members and the terms of the alternates.
The Legislative and Litigation Committee met on January 31,2000 and, after discussion of this issue,
made the above recommendation.
S:~COU NCIL~Admins\BZAAm nd.wpd
RMS:Iaa
January 31, 2000, 3:54pm
FE09CA1.CC
ADMINISTRATIVE
REPORT
MEETING DATE: February 9, 2000
AGENDA SECTION: New Business
ITEM: j_2.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 31, 2000
2000 Legislative Platform
APPROVED
DEPARTMENT HEAD /~
CITY ATTORNEY~
ClTY MANAGER ~
RECOMMENDATION:
Legislative and Litigation Committee recommends approval.
BACKGROUND:
Current legislative concerns are captured in the City's Legislative Platform which identifies the City's
legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest
concern. It also provides a basis for quick response by City legislative advocates and departments to
legislative issues that arise.
Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and
Litigation Committee met on January 31, 2000 to review the 1999 Platform and suggestions for change.
Changes to the Platform included adding urban development as an item under support for legislation which
promotes safe, efficient, cost effective and responsible management of various environmental
components; supporting legislation which provides increased funding of cultural, recreation and open
space programs; supporting legislation or a constitutional amendment which provides permanent fiscal
relief for cities in light of the State budget surplus; and opposing legislation which intrudes into the City's
collective bargaining and rights.
VV~th the proposed changes, the Committee feels the Platform adequately reflects the City's current
legislative concerns.
Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed
2000 Legislative Platform.
(p:~L&LV~DM00-02-0g- 1 )
January 31, 2000, 2:51PM