Loading...
HomeMy WebLinkAbout05/24/2000 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 24, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETI[NG 1. ROLL CALL (45 min) (20 min) (Ward 2) WORKSHOP a. Department Budget Presentations 1, City Attorney's Office 2. Finance Department b. Presentation by the Economic and Community Development Department regarding Downtown Streetscape Expansion Project. CLOSED SESSION 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 REGULAR MEETING 1 INVOCATION by Dr. Fred Cottriel, First Assembly of God Church PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Fire Chief Ron Fraze of two Thermal Imaging Cameras donated by the Masons of the Bakersfield Scottish Rite Society. 6. PUBLIC STATEMENTS APPOINTMENTS a. Two appointments to the Board of Building Appeals. Staff recommends Council determination. (Ward 2) (Ward 4) (Ward 4) CONSENT CALENDAR Minutes: a. May 10, 2000 Council Meeting. Payments: Payments from April 29, to May 12, 2000 in the amount of $3,818,732.69; and Self Insurance payments from April 29, to May 12, 2000 in the amount of $109,757.44. Resolutions: Resolution of Intention No. 1212 to add territory, Area 4-16, Chester Avenue, Phase 2, to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1215 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 2000-2001 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1216 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 2000-2001 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No, 1217 preliminarily adopting, confirming and approving Public Works Director's Report for the Traffic Signal Maintenance Districts and the 2000-2001 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout the Traffic Signal Maintenance District. Resolution of Application proposing proceedings for annexation of uninhabited territory by annexing to the City of Bakersfield property identified as Annexation No. 414 located north of Brimhall Road between Allen Road and Jenkins Road. Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development fees. Resolution authorizing Mayor-Elect Harvey Hall to attend a Sister City meeting in Wakayama, Japan from October 27 through November 6, 2000. -2- (Ward 7) (Ward 6) (Ward 4) (Ward 1) (Ward 2) (Ward 3) (Ward 2) CONSI=NT CALENDAR continued Agreements: j. Tract Maps/Improvement Agreements: 1. Final Map and Improvement Agreements with Sierra Country Estates, LLC for Tract 5362, Unit 2, located east of Wible Road, south of Hosking Road. 2. Final Map and Improvement Agreement with Kyle Carter Homes, ~nc. for Tract 5700, Phase 2, located south of Harris Road, west of Summer Springs Drive. 3. Improvement Agreement with Castle & Cooke California, Inc. for Parcel Map 10668, located at the northwest corner of Buena Vista Road and Ming Avenue. k. Agreement with the County of Kern, $60,000 for the South Union Avenue Streetscape Improvement Project. I. Agreement with Bakersfield Civic Light Opera Association, $50,000 to provide financial assistance to pay down a long-term lease for Stars Theatre Restaurant. m. Agreement with the Greater Bakersfield Convention and Visitors Bureau. n. Property Acquisition: 1. Purchase Agreement, $100,000 with John D. Afana, etal, to pumhase real property on the south side of Paladino Drive approximately one half mile east of Morning Drive for a combined park and fire station site. 2. Appropriate $94,500 Fund Balance to the Capital Improvement Budget within the Park Improvement Fund. o. Amendment No. 2 to Agreement No. 96-178, with SPCA Independent Contractor's for annual increase of $4,500. p. Amendment No. 2 to Lease Agreement No. 98-16 with Ogden Entertainment, Inc. regarding additional suite revenue distribution. Bids: q. Award Contract to McKee Electric Co., $26,432.55 for flashing yellow beacons on State Route 178 at Alder Street and A Street. r. Award Contract to Amber Chemicals, for swimming pool chemicals, not to exceed $42,867. -3- 8. CONSENT CALENDAR continued (Ward 4) (Wards 1, ;.~) Award Contract to Abate-A-Weed, Incorporated, for chemical application on City property, not to exceed $71,010. t. Storm Drain Construction: Brimhall Road/Calloway Drive Intersection: 1. Award Contract to Granite Construction Co., $153,899. Appropriate $15,000 Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. Accept bids from California Electric Supply, $187,179.72; and Graybar Electric Company, $33,301.24 for 84 street lights and 46 bollards for the Downtown Streetscape Expansion and Baker Street projects. Total $220,480.96 Miscellaneous: Approval of Community Development Block Grant Amendment No. 14, FY 96/97; Amendment No. 7, FY 97/98; Amendment No. 6, FY 98/99; and Amendment No. 4, FY 99/00 Action Plan. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $276,236.50. Approval of two Thermal Imaging Cameras donated by the Mason of the Bakersfield Scottish Rite Society. Transfer of $10,000 from the Council Contingency to the Non Departmental Operating Budget within the general fund for a community forum conducted by Reverend Eugene Rivers III of Boston Massachusetts. Staff recommends adoption of Consent Calendar Items a. through y. (Ward 6) (Ward 6) HEARINGS Resolution ordering the vacation of a 50' portion of the waived vehicular access rights on the west side of Ashe Road at the northeast corner of Parcel 2 of Parcel Map No. 9233. Staff recommends adoption of the resolution. Resolution ordering the vacation of Londonderry Avenue, entire roadway from Stine Road to east end. Staff recommends adoption of the resolution. -4- (Ward 2) (Ward 1) HEARINGS continued Appeal by Warren Peterson, representing Ralph and Donna Kuhen, of the Board of Zoning Adjustment's decision to deny a modification to allow a six foot high masonry wall in the front yard where four feet is the maximum fence height in aOne Family Dwelling zone district located at 2219 Pine Street. (File No. P00-0215) Staff recommends approval of the resolution denying the appeal and upholding the decision of the Board of Zoning Adjustment to deny the requested modification. Resolution renewing eligibility of the Bakersfield Fire Department to participate in the Federal Surplus Property Program. Staff recommends approval of the resolution. Final Environmental Impact Repod, General Plan Amendment P98-0760, Specific Plan Line and Ordinance. The South Beltway corridor is located within the central portion of Kern County, crossing east-west, south of the City of Bakersfield for approximately 26 miles from Interstate-5 to State Route-58. Certification of the Final Environmental impact Report and adoption of Statement of Overriding Considerations for General Plan Amendment P98-0760 and the South Beltway Specific Plan Line. General Plan Amendment P98-0760 is the South Beltway Transportation Corridor alignment which would be shown as a "freeway" on the CircuIation Element map of the Metropolitan Bakersfield 2010 General Plan. The Specific Plan Line is an exact description of the 26 mile long and 300 foot wide transportation corridor. Amend Zoning Ordinance, Section 17.55.030 of the Municipal Codewhich will permit oil and gas extraction activities to continue within the specific plan line. Staff recommends adoption of the resolution certifying the Final Environmental Impact Report and adopting Statement of Overriding Considerations; adoption of resolution transmitting General Plan Amendment P98-0760 and Specific Plan Line to Kern County for further review, hearing and consideration, by the Board of Supervisors; and first reading of the ordinance. lO. REPORTS DEFERRED BUSINESS a. Ordinance repealing Section 2.84.170 of the Bakersfield Municipal Code pertaining to Sanitation Division Employees. (First reading May fO, 2000) Staff recommends adoption of the ordinance. -5- '12. NEW BUSINESS a. Adoption of New Policy for Improvement Standards for Median Islands, comments by Public Works Director Raul Roja$) Staff recommends adoption of new policy. (Staff 13. COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:~Councii~Agenda\MAY2400.wpd May 18, 2000 (2:01pm) -6- B A K E R S F I E L D MF. MORANDUM MAY 19, 2000 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CiTY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ~ ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - MAY 24, 2000, COUNCIL MEETING PRE-MEETING There will be two department budget presentations by the City Attorney's Office and the Finance Department. The Economic and Community Development Department will report on the Downtown Streetscape Expansion Proiect. There is one closed session item regarding existing litigation, the City vs. U.S. Fire insurance Company. CONSENT CALENDAR Consent Calendar items are explained by Administrative Repods. Those that shou!d be highlighted include: Resolutions: item 8c. Resolution of Intention to add territor~r, Chester Avenue, Phase 2, to the Consolidated Maintenance Distdct and preliminarily adopting, confirminq and ap~rovinq Public Works Director's Report. This resolution proposes to expand the Chester Avenue Straetscape project to include properties fronting 17h through 22~'d Streets be~,een Eye and "K" Streets. The resolution sets the date of July 19, 2000 for the protest hearing. Item 8d. Resolution of Intention preliminarily adoptinq, confirming and approvinq Public 'Works Director's Report for' the Consolidated Maintenance District and the 2000-01 budqet; and settinq time and place for hearing arotests on the amount of park ]andscapinq assessments to be levied throughout the Consolidated Maintenance District. This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. Last year the City Council approved a 66°,/o subsidy for the cost of park maintenance for City assessment, which ,,viii not be increased. The resolution sets the protest hearing for the Council meeting on Wednesday, June 14, 2000. HONORABLE MAYOR AND CiTY CO~JNCiL May 19, 2000 Pege -2- Item 8e. Resolutio¢t of intention preliminarily adoptinq, confirminq and approvinq Public Works Director's Report for the Consolidated Maintenance District and the 2000-01 budqet; settinq time and olace for headnq protests on the amount of street and median landscapinq assessments to be levied throuqhout the Consolidated Maintenance District. This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. Last year the City Council approved a 7.3% subsidy for the cost of street and median maintenance for City assessment, which wilf not be increased. The resolution sets the protest hearing for the Council meeting on Wednesday, June 14, 2000. Item 8f. Resolution of intention preliminarily adopting, confirming and approvin~ Public Works Director's Report for the Traffic Signal Maintenance Districts and the 2000-01 budqets; setting time and place for hearing_protests on the amount of assessments to be levied throuqhout the Traffic Siqnal Maintenance District. The Bakersfield Municipal Code requires an annual hearing to set the assessments for each parcel. To simplify the process, the hearings for all four districts will be combined, although the budgets will remain separate. Assessments will not be increased and are therefore exempt from the procedures and approvral process of Proposition 218. The resolution sets the protest hearing fer the Council meeting on Wednesday, June 14, 2000. item 8q. Reso!ution of Application proDosinq proceedinqs for annexation for property located north of Brimhall Road beb, veen Allen Road and Jenkins Road. The proposed annexation consists of approximately 88 acres of uninhabited [;and located north of Brimhall Road between Allen Road and Jenkins Road. The propeAy owner has consented to annexation and wishes to receive City services. item 8h. Resolution makinq findinqs and determination reqardino commitment of unexpended Park Acquisition and Development fees. The State Government Code and Bakersfield Municipal Code require the City Council to make periodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. Current practice is to make such findings for the fifth fisca! year following deposit and every year thereafter. This is '[hie fifth of the annual determinations. Item 8i. Resolution Authorizinq Mayor-Elect Harvey Hall to attend a Sister City meetinq in Wakayama, Japan. from October 27 throuqh November 6, 2000. At the May 10th City Council meeting, Mayor Price requested that Harvey Hall, Mayor-Elect, attend a Sister City meeting in Wakayama, Japan frem October 27 threu9h November 6, 2000. imf. Hall would accompany Mayor Price on the trip. The cost of the trip for Mr. Hall is $2,400. The City Council is being asked to approve a resolution making a finding that sending Mr. Hali on lhe tdp and sponsoring his travel and related expenses would be in the City's best interest and serve a public purpose. If approved by the City Council, $2,400 will be added to the Mayor's FY 2000-01 budget, which will be considered by the Council in June. HONORABLE MAYOR AND CITY COUNCIL May19,2000 Page-3- Agreements: Item 8k. Agreement with the Count,/of Kern in the amount of $60,000 for the South Union Avenue Streetscape Improvement Project. As part of the CDBG 1999/2000 Action Plan, the City Council approved $60,0,00 for the South Union Avenue Streetscape Improvement Project. The project location is both sides of Union Avenue, including the median between Brundage Lane to Ming Avenue (Casa Lome Drive on the east side). The project wile include curb, gutter, sidewalks, landscaped median islands, lighting, bus stop shelters, drainage improvement, striping for bike lanes, and resurfacing of the roadway. Maintenance of the improvement constructed within the City limits will be provided by the City, while those constructed in the unincorporated limits will be provided by the County. Item 81. Agreement 'with Bakersfield Civic Liqht Opera Association (BCLOA) $50,000 to provide financial assistance to pay down a long-term lease for Stars Theatre Restaurant. City staff has proposed financial assistance to help pay down a long-term lease of the new downtown location at 1931 Chester Avenue. The proposed agreement would provide this financial assistance in the form of a forgivable loan fora five-year period at 0'% interest. In return, BCLOA has agreed to create or retain 10 full-time equivalent jobs over the next five years; at least 51% of all jobs created shall be made available to tow-. and moderate-income persons; and Employers' Training Resources will be used as a first source for all employment positions. Item 8m Aqreement with the Greater Bakersfield Convention and Visitors Bureau. The existing agreement with the Convention and Visitors Bureau expires June 2000. A new three-year contract is being proposed at a flat 11% of Transient Lodging Tax estimated for each upcoming year, an increase of 1% over' the fixed percentage of 10% from the current agreement. The additional monies are to go toward speciai efforts, which is under pre-marketing of the arena and more aggressive pursuit. item 8n. Purchase Aqreement with John D. Arena. et al, to ~)urchase real property on the south side of Paladino Drive approximately one-half mile east of Mornin(] Drive for a combined park and fire station site, and a. ppropriate fund balance to the Capital Imorovement Budqet within the Park Improvement Fund. The City is acquiring ]and for a future par~fire station and the Patadino Drive right-of-way. The purohase price of $100,000 is a product of negotiations based on an independent appraisal. Of the 23 acres comprising this purchase, the fire station will occupy 2 acres, the park 18 acres and the right-of-way 3 acres. On June 1, 2000, the Planning Commission will be asked to find the acquisition of this property consistent with the 2010 General Plan. Item 8o. Amendment No. 2 to Aareement No. 96-178, with SPCA Independent Contractor's for annual increase of $4,500. Per agreement, the City pays the SPCA $493,500 or $41,125 per month for animal control services. The requested amount is $498,000 annually or $41,500 per month. The additional funds requested equal $4,500, less than a l% increase or an increase of $375 per month. If approved, the effective date of the increase wilt be July I, 2000. Funds have been included in the proposed 2000-01 budget. The request is based on increased operational costs. HONORABLE MAYOR AND C1TYCOUNC!L May19,2000 Page-4- Item 8p. Amendment No. 2 to Lease Agreement No. 98-18 with Ogden Entertainment, Inc. regarding additional suite revenue distribution. The original agreement with Ogden Entertainment, Inc. did not contemplate more than 24 suites, so the attached amendment states how the revenue from those additional suites will be distributed. The amendment gives Ogden Entertainrnent $1,000 per year compensation for each new suite that is leased for three years. In year four, Ogden's compensation goes I:o 10% of the annua! lease amounts. The terms will assist in financing the addition of three new suites. Should the prcject no[ proceed, however, the amendment will void and there will be no cost or obligation. Bids: Item 8q. Bid award to McKee EIectdc Cc,. in the amount of $26,432.55 for flashinq yellow beacons on State Route I78 at Alder Street and A Street. Staff received three acceptable bids and is recommending award to McKee Electric Co. Item 8r. Bid award to Amber Chemicals in an amount not to exceed $42T867 for swimming pool chemicals. Staff received two acceptable bids and is recommending award to Amber Chemicals. Item 8s. Bid award to Abate-A-Weed~ncorporated in an amount not to exceed $71.010 for chemical application on City property. Staff received one acceptabie bid and is recommending award to Abate-A-Weed, incorporated. Item 8t. Bid award to Granite Construction Co. in the amount of $153,899 for Storm Drain Construction: Brimhall Road/Calloway Drive Intersection, and appropriate $15,000 Fund Balance to the Capital Improvement Budget within the Sewer Enterorise Fund. Staff received four acceptable bids and is recommending award to Granite Construction Co. Item 8u. Accept bids from Caiifornia Electric Supply in the amount of $187,179.72 for 84 street liqhts; and Graybar Electric Company in the amount of $33,301.24 for 46 bollards, for a total of $220,480.96 for the Downtown Streetscape Expansion and Baker Street projects. Staff received four bids and is recommending awards to California E!ectric Supp!y and Graybar Electric Company. Miscellaneous: Item 8v. Approvaf of Community Development Biock Grant Amendment No. 14, FY 96/97; Amendment No. 7, FY 97/98; Amendment No. 6, FY 98199; and Amendment No. 4, FY 99/00 Action Plan. The proposed amendment will transfer $300,000 from Acquisition and Demolition Program funds in Wards I and 2 to Clearance and Demolition in the same two wards. Both the Bakersfield Inn restaurant building at 1101 Union Avenue and the Brown Building at 630 Kentucky Street have been vacant for many years, have been designated unsafe, and are proposed to be dernolished. The removal of these blighting influences will demonstrate the City Council's goal of cleaning up substandard and dangerous buildings,. At the April 19, 2000 Budget and Finance Committee meeting, staffwas autho,ized to publish [he 30-day public notice for the proposed amendment. The deadline for public comments is May 25, 2000. The environmental review for both sites is under way, with the Bakersfield Inn site to be completed by May 24, 2000. However, because the Brown Building was included in the Historioal Resources invento,~' of !987, an additional level of environmental clearance must be undertaken through the State Historical Preservation Office, which will delay the review by 45-60 days. HONORABLE MAYOR AND CITY COUNCIL May19,2000 Page-5- item 8w. Authorize the Finance Director to forward to a coliection agency, accounts receivable in various funds totaling $276,236.50. The staff has exhausted all possible means to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved, and further collection effolls would result in excessiw; cost. Accounts not involving bankruptcy will be forwarded to a collection agency for further action. item 8x. Approval of two Thermal Imaqinq Cameras donated bv the Masons of the Bakersfield Scottish Rite Society. The Masons of the Bakersfield Scottish Rite Society donated ~vo thermal imaging cameras to aid during search and rescue as well as early detection of a fire source, investigating for hidden fires, salvage efforts, and hazardous materials incidents. These two cameras total approximately $46,000. Item 8¥. Transfer of $I0,000 from the Councii Contingency to the Non Departmental Operatina Budqet within the qeneral fund for a community forum conducted by Reverend Eugene Rivers Ill of Boston, Massachusetts. Reverend Eugene Rivers tll is a nationally recognized speaker and founder of the Ella J. Baker House in Boston, MA. He is also co-founder of the widely praised Ten Point Coalition Plan ~or mobilizing churches to save at-risk inner city youth. The Ad-Hoc Committee on Crime, Weapons, Gang Violence and Community Relations has been meeting to develop long- term strategies for reducing gang violence in Bakersfield. It is the Committee's desire to bring Reverend Rivers; to Bakersfield to participate in a community fcrum with the faith community, and be a featured speaker at a meeting for educators, business owners, parents and the community. This request is to cover the cost of hosting the forum and provide a modest honorarium plus expenses for Reverend Rivers. HEARINGS Item 9a. Resolution ordednq the vacation of a 50' portion of the waived vehicular access riqhts on the west side of Ashe Road at the northeast comer of Parcel 2 of Parcel Map No. 9233. Bedrosian Tile Company plans to build a 24,000 square foot tile warehouse and showroom on Ashe Road. They have requested additional access to Ashe Road so that the big truck traffic can exit this complex without having to circulate through the car parking area. The proposed access would be limited to dght turn only in and out. Vehicular access was originally waived for ali parcels along the west side of Ashe Road. As development has occurred and parcels have been further divided, the City has allowed access along this portion of Ashe Road. All City departments have been notified and none have posted any objection to the proposed vacation. All utility companies serving the area have been notified and none have indicated any objections. On March 3, 2000, property owners withing a 300 foot radius were mailed notice of this proposal and none have objected thus far. The proposed aclion was heard by the Planning Commission on April 6, 2000, and was found to be consistent with the 2010 General Plan. Item 9b. Resolution orderin(~ the vacation of Londonderry Avenue, entire roadway from Stine Road to east end. The existence of Londonderry Avenue as a public street creates a double frontage lot situation that does not comply with the access requirements of the tentative tract. The vacation is associated with site development for Ridgeview Church of the Nazarene, which will ve,W likely retain the roadway as private access. The Fire, Pelice, Public Works, Development Services, and Economic Development departments have been notified of the proposed vacation, and have not HONORABLE MAYOR AND CITY COUNCIL May 19, 2000 Page -6- posted any objections. The utility companies serving the area have been notified by mai], and have indicated they do not ebject to the vacation. On March 3, 2000, property owners withing a 300 foot radius were mailed notice of this proposal and none have objected thus far. The proposed closure was heard by the Planning Commission at its meeting of April 8, 2000, and was found to be consistent with the 2010 General Plan. Item 9c. Appeal by Warren Peterson, re~)resenting Ralph and Donna Kuhen, of the Board of Zoninq Adiustment's decision to deny a modification to allow a six-foot hiqh masonp/wall in the front yard where four feet is; the maximum fence height in a One Family Dweliinq zone district located at 2219 Pine Street. 'rhe wa'.l is proposed as a means to increase security for the homeowners. Landscaping is proposed to help soften the visuaI impact of the wall No sidewalk exists along the property's frontage, and ~he owners propose to leave this area with turf. Staff noted that there are two homes with front yard fence modifications which were approved with conditions by the Board a number of year's ago. The fence at 2219 Pine Street was found at the time to be unique because of its comer location. It also noted that the proposed wall would be significantly out of character with the neighborhood and that there were, other remedies available to improve security. Tihe Board received comments from seven neighborhood residents, three in support and four in objection. item 9d. Resoiution renewinq eliqibilitv of the Bakersfield Fire Department to participate in the Federal Surplus Prope~f Proqram On August 26, 1998, the City Council approved an agreement for mutual aid fire protection between the Bakersfield Fire Department and the State of California Department of Forestr~j (Agreement No. 98-209) which permitted the City to participate in the Federal Surplus Propert,~, Program. In the last year, we have received over $70,000 in property from this program at no cost to the City. Items ranged from forklifts to meal rations. In order to continue participation in the Federal Surplus Property program, a renewal app!ication on behaff of the Bakersfield Fire Department must now' be submitted. Item 9e. Final [:nv[ronmental impact ]Report, General Plan Amendment P98-0760, Specific Plan Line and Zoninq Ordinance for the Soutln BeltwaV Corridor. This alignment is entering the 10th year in the public review process to adopt a specific plan iine. Several different alignment options have been considered up to this point. A ptanning C:ommission committee was assigned to select an alternative alignment after staffs previous ones were met with significant resistance. The alignment before the Council, and recommended by the Planning Commission, represents the best alternative that meets the pdmary goals of the 2010 General PIan while minimizing its impacts on people and property to the greatest degree possible. There is opposition to this alignment by some of the property owners;, but: this is by far the least controversial. The recommended alignment is almost ,entirely outside City limits but has the fuil support of County staff who have been involved in afl the meetings regarding the alignment. The City has been the lead agency because the most heavily developed area the original aiignment went through is located within the City and the greatest development pressure in south Bakersfield is all within City limits. There is st great need to settle the location of the freeway to both provide certainty in regional planning for land use and circulation in the area and to avoid having development preclude any alignment in south Bakersfield. HONORABLE MAYOR AND CITY COUNCIIL May 19, 2000 Page -7- DEFERRED BUSINESS Item 1 la. Ordinance repealinq Section 2.84.170 of the Bakersfield Municipal Code pertaininq tn Sanitation Division Employees. This item resolves a conflict between the Bakersfield Municipal Code and the Memorandum of Understanding for employees of the Blue and White Collar Units relating to compensation paid to sanitation workers assigned to duties of a higher classification. Staff has met and conferred with the Union and has agreed to a minimum five percent (5%) premium pay provided for the period ,of out-of-class work and a minimum of ten percent (10%) premium pay whenever the out-of-class work involves work in a classification whose compensation is twenty percent (20%) higher than the position held by the employee or involves grade skipping within normal promotion sequences. This agreement more accurately reflects the understanding regarding differentia[ compensation between the City and this bargaining unit. This is the second reading of the ordinance. NEW BUSINESS Item 12a. Adoption ,of New Policy for Improvement Standards for Median Islands. In many older areas of the City, median islands exist that have minimal if any fandscaping and are primarily surfaced with either black asphalt or green painted asphalt. The green paint is peeling on many of these median islands, and there have been many complaints from citizens regarding their appearence. As these are primarily in older areas of the City, the areas are not within the Consolidated Maintanance District and the General Fund pays for their maintenance. The Community Services Cornmi~ee recently received a refen-al regerding the condition of these existing "ugly" median islands located throughout the City. Staff prepared several various designs 'for the Committee's review which had several variations of rock and concrete surfacing with some additional trees and shrubs. The Committee preferred two of the designs over the others presented. Three hundred thousand dollars ($300,000) is proposed in the FY 2000-0! for median upgrades using the preferred design. Staff requests that the C[bj Council adopt a policy identifying the median island design constructed on California Avenue as being the "standard" upgrading for existing median islands in City Streets, as welt as for constructing new median islands along streets where development has already occurred and no mechanism for funding future fully landscaped median island installation or their maintenance, is anticipated. AT.AC:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: May 24, 2000 AGENDA SECTION: Workshop ITEM: 2. a. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD [:lATE: May 15, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Department Budget Presentations 1. City Attorney's Office 2. Finance Department RECOMMENDATION: BACKGROUND: The CityAttorney's Office and the Finance Department will provide a detailed overview of their FY 2000-01 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, significant budget changes and the action plan for the respective departments. RWB/dls S:\ADMIN PREP\attyfinbud pres- 1 .wpd May 15, 2000, 4:29pm ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Workshop ITEM: 2. b. FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director May 10, 2000 DEPARTMENT HEAD~'=D CITY ATTORNEY ~ CITY MANAGER__ Presentation by the Economic and Community Development Department Regarding Downtown Streetscape Expansion Project. (Ward 2) RECOMMENDATION: BACKGROUND: City staff is progressing with various aspects for the expansion of the Chester Avenue Streetscape to include 17~h, 18~h, 19~h~ 20th, 21s~, and 22"d (if funding is available) streets between "K" Street and Eye Street. Improvements focus on street trees and light poles. Staff will present the project as currently projected for completion in December 2000. May 10, 2000, 10:22AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 12, 2000 APPROVE_D DEPARTMENT HEAD C~TY MANAGER_ 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: IBACKGROUND: BJT:laa IvlY24CA1 .CS May 12, 2000, 9:34am ADMINISTRATIVE REPORT IMEETING DATE: May 24, 2000 AGENDA SECTION: Presentations ITEM: 5- a. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief May 16, 2000 ~ APPROVED DEPARTMENT H EAD'~/~/~Z¢/"~ CITY ATTORNEY N/A CITY MANAGER SUBJECT: Presentation of two Thermal Imaging Cameras donated by the Masons of the Bakersfield Scottish Rite Society. -~ECOMMENDATION: BACKGROUND: The Masons of the Bakersfield Scottish Rite Society have donated two Thermal Imaging Cameras to aid during search and rescue as well as early detection of a fire source, investigatin, g for hidden fires, salvage efforts, and hazardous materials incidents. These two cameras total approximately $46,000. kec May 16, 2000, 9:59AM p:~admin report\Thermal Imaging Cameras 1 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Appointments ITEM: 7. a. TO: FROM: DATE-': SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk May 12, 2000 Two appointments to the Board of Building Appeals APPROVED DEPARTMENT HEAD~(~'~ CITY ATTORNEY CITY MANAGER ~ RECOM M ENDATION: Staff recommends Council determination. BACKGROUND: There, are currently three vacancies on the Board of Building Appeals due to the resignations of Paul Oiler, Gary Olson, and Billie Smith. There are two applications received to date and the application period will remain open until the final vacancy is filled. These appointments are Council Appointments and not ward specific. Applications to fill two vacancies have been received from the following individuals: · Rick Montoya · John Cohrs The Board of Building Appeals is an advisory body to the City Council. It is composed of seven (7) members, nominated and appointed by the full Council. Members must be residents of the City throughout their terms and shall be qualified by training and experience in building construction or the building trades. The responsibilities of the Board include the resolution of questions relating to the suitability of alternate materials and methods of construction; determine reasonable interpretations of the provisions of the building and construction code and the adoption of reasonable rules and regulations consistent with the purposes of such code for conducting hearings and investigations. The Board of Building Appeals renders written findings of investigations and decisions to the building director and makes recommendations to the City Council consistent with its purpose and function. Meetings are held at 1715 Chester Avenue, development Services Building. No meeting dates specified. S:\Bds&Comm\BBA~Admin2000,v~od May 12, 2000, 12:44PM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 'FO: FROM: [)ATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk May 11, 2000 APPROVED DEPARTMENT HEAD /~_ CITY ATTORNEY N/A CITY MANAGER ,/~ Minutes of the regular Council meeting of May 10, 2000. RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\MAY2400.wpd May 11, 2000, 3:45pm ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 12, 2000 APPROVED DEPARTMENT HEAD_ ~'.,~ C,TY ATTOR.EY? CITY MANAGER ~ Approval of department payments from April 29, 2000 to May 12, 2000 in the amount of $3,818,732.69 and self insurance payments from April 29, 2000 to May 12, 2000 in the amount of $109,757.44. RECOMMENDATION: Staff recommends approval of payments totaling $3,928,490.13. BACKGROUND: s:~acctpay\adminf~ 1 wpd nks ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8,c, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 11, 2000 APPROVED DEPARTMENT HEAD ~/'~.. CITY ATTORNEY ,,/~"4~ C~TY MANAGER ~ Resolution of Intention No. 1212 to add territory, Area 4-16 (Chester Avenue, Phase 2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Repod. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution proposes to add territory (Area 4-16, Chester Avenue, Phase 2) expanding the Chester Avenue streetscape project to include properties fronting on 17th Street through 22"d Street between Eye Street and K Street. Area 4-16 is generally bounded by 23rd Street on the north, K Street on the east, Truxtun Avenue on the south and Eye Street on the west. This area will be under the streetscape zone of benefit and when street landscaping and lighting have been installed, assessed an amount for street tier 2. ~['he Resoluticn sets the date of July 19, 2000 for the protest hearing. Ivd MayS, 2000, 11:33am S:\PRO J ECTS\MA[N DIST~ADMINRPT~md4-16roi99.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2000 APPROVED DEPARTME"T.E^ I /Cf-- CITY ATTORNEY ~ CITY MANAGER ,~ Resolution of Intention No. 1215 preliminarily adopting, confirming and approving Public Works Director's report for the Consolidated Maintenance District and the 2000-2001 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. (All wards) RECOMMENDATION: Staff recommends adoption of the R~solution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. This Resolution preliminarily approves the Public Works Director's Report which includes the 2000-200'I budget for the Consolidated Maintenance District. Last year the City Council approved a 66% subsidy for the cost of park maintenance for City assessments. This percentage represents the level of general benefit for park maintenance for parcels outside the Consolidated Maintenance District. Again this year, assessments will not be increased. Assessment rates will remain at the 1999-2000 level. qFhe proposed 2000-2001 budget for the Consolidated Maintenance District is attached to the Resolution of Intention as Exhibit "D". The Assessor's Roll, Exhibit "E", is on file in the City Clerk's Office. qf'he Resolution sets the protest hearing for the Council meeting on Wednesday, June 14, 2000, at 7:00 P.M. (jas) May 10, 2000, 8:45am S:\PROJECTS\MAINDIST~ADM1NRPT~CMD00ROIp.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2000 APPROVED DEPARTMENTHEAD~ ~ ~/~ CITY ATTORNEY ~ CITY MANAGER Resolution of Intention No. 1216 preliminarily adopting, confirming and approving Public Works Director's report for the Consolidated Maintenance District and the 2000-2001 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District, (All wards) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. This Resolution preliminarily approves the Public Works Director's Report which includes the 2000-2001 budget for the Consolidated Maintenance District. Last year the City Council approved a 7.3% subsidy for the cost of street and median maintenance for City assessments. This percentage represents the level of general benefit for street and median maintenance for parcels outside the Consolidated Maintenance District. Again this year, assessments will not be increased. Assessment rates will remain at the 1999-2000 level. The proposed 2000-2001 budget for the Consolidated Maintenance District is attached to the Resolution of Intention as Exhibit "D". The Assessor's Roll, Exhibit "E", is on file in the City Clerk's office. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 14, 2000, at 7:00 P.M. (jas) May 10, 2000, 8:46am S:\PROJECTS\MAINDIST~ADMINRPT~CMD00ROIs.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar I ITEM: 8. ¢. 'TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2000 APPROVED DEPARTME.T.EA CITY MANAGER ~ Resolution of Intention No. 1217 preliminarily adopting, confirming and approving Public Works Director's report for the Traffic Signal Maintenance Districts and the 2000-2001 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. r3ACKGROUND: Since the approval of Resolution 161-94 on September 28, 1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals, the Council has approved Four Traffic Signal Maintenance Districts, TS-1 (Marketplace), TS-2 (NW Promenade), TS-3 (Rosedale, Jet Way) and TS-4 (Gleneagles). The Bakersfield Municipal Code requires an annual hearing to set the assessments for each parcel. To simplify the hearing process, due to the small number of property owners, the hearings for all Four districts will be combined. Budgets for each district will remain separate. Assessments are not being increased for any of the four districts. All districts are therefore exempt from the procedures and approval process of Proposition 218. This resolution preliminarily approves the Public Works Director's Report, the 2000-2001 budgets and sets tlhe protest hearing for the Council meeting on Wednesday, June 14, 2000. (Ivd) May 10, 2000, 8:41am S:\P RO J ECTS\MAI N DIST~TRAFSIG~Ad min\ROI00AILwpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent ITEM: 8 oa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 8, 2000 DEPARTMENT CITY ATTORNE~*'~Y~~ CITY MANAGER A Resolution of Application proposing proceedings for annexation of uninhabited territory by annexing to the City of Bakersfield property identified as Annexation No. 414 located north of Brimhall Road between Allen Road and Jenkins Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution of application proposes proceedings for annexation of territory identified as Annexation No. 414 to the City of Bakersfield. The proposed annexation consists of approximately 88 acres of uninhabited land located north of Brimhall Road between Allen Road and Jenkins Road. The property owner has consented to annexation and wishes to receive city services. MO:pit (admin\5-24-414 May 8, 2000, 8:57AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 !AGENDA SECTION: Consent Calendar ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Stan Ford, Directorof Recreation and Parks May 9, 2000 DEPARTMENT HEAD C~TY ATTORNEY C~TY MANAGER Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development fees. RECOMMENDATION: Staff recommends adoption of resolution committing unexpended Park Acquisition and Development fees. BACKGROUND: In 1990, the City Council adopted two ordinances relating to park land dedication and development. One ordinance requires developers to set aside land and/or pay in-lieu fees for park land purposes (BMC Ch. 15.80). The other ordinance requires the builders to pay fees for the development of the park site (BMC ,Ch. 15.82). ']"he State Government Code (§66001(d)) and the Bakersfield Municipal Code require the Council to make iperiodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. The State Government Code requires local agencies "for the 5th fiscal year following the first deposit into an account or fund, and every 5 years thereafter, to include specified information in findings relatin9 to the funding of a project." Current practice is to make such findings for the 5th fiscal year following deposit and every year thereafter. in accordance with the current practice, Council will be informed on an annual basis of alii funds not expended within 5 years. '}'his is the fifth of the annual determinations. Park improvement funds can only be expended for park development and acquisition. Moreover, the funds must be expended within the areas in which they were collected and for the benefit of the residents of that area. (Thus the establishment of the six park zones of benefit). Fees are collected as neighborhoods are developed in the zones and as the funds accumulate over time. May 10, 2000 (2:30PM) P:\Park Acq & Dev\5yradminrpt.wpd ADMINISTRATIVE REPORT Page 2 Significant sums are typically required to acquire suitable sites and develop them in accordance with city standards (exceptions are the various improvement projects currently being undertaken that are upgrading playgrounds and other facilities in existing parks around the city). If sufficient funds have not accumulated, the already-collected funds need not be expended within five years, provided that the Council determines that they can eventually be expended to benefit zone residents. By making this determination, the city will be able to continue accumulating funds in each zone until there are amounts that are sufficient to establish park and recreation facilities that provide long-range benefits to residents. The determination shall be to identify the purpose for which the fees are proposed to be expended. In the event that no need could be demonstrated, then the funds would have to be refunded to the current property owner. Staff has identified needed projects to utilize existing and projected funding in each zone - these are included in the Proposed Capital Improvement Program Budget. Existing balances in some zones are not sufficient to fund additional projects; however, it is projected that the necessary additional monies will be collected as there is further development in these zones ']'his Administrative Report requests Council to make findings and commit all unexpended funds collected for both acquisition and development which the City will have held for five (5) or more years in accordance to the attached. Schedule A summarizes unexpended revenue on hand after five years. Schedule B is staff's recommendation which summarizes proposed expenditures for these funds in new and/or existing parks. May 10, 2000 (2:30PM) P:\Park Acq & Dev\5yradminrpt.wpd ADMINISTRATIVE REPORT IMEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: May 17, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Authorizing Mayor-Elect Harvey Hall to attend a Sister City Meeting in Wakayama, Japan from October 27, 2000 through November 6, 2000. RECOMMENDATION: Staff recommends approval. BACKGROUND: ,At the May 10, 2000 City Council meeting, Mayor Price requested that Harvey Hall, Mayor-Elect, attend a Sister City meeting in Wakayama, Japan from October 27, 2000 to November 6, 2000. Mr. Hall would accompany Mayor Price on the trip. The cost of the trip for Mr. Hall is $2,400. 'The City Council is asked to approve a resolution making a finding that sending Mr. Hall on the trip and sponsoring his travel and related expenses would be in the City's best interest and serve a public purpose. If approved by the City Council, $2,400 will be added to the Mayor's FY 2000-01 budget, which will be considered by the City Council in June. May 17, 2000, 3:01PM S:~,dmin Rpts~000\Hall Japan 0500,wpd ADMINISTRATIVE REPORT IMEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. j. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: May 4, 2000 SUBJECT: Tract Maps/Improvement Agreements: APPROVED DEPARTMENT HEA~ ,~ C~TY ATTORNE-~ ~ CITY MANAGER ~ (1) (2) (3) Final Map and Improvement Agreements with Sierra Country Estates, LLC for Tract 5362 Unit 2 located east of Wible Road and south of Hosking Road. (Ward 7) Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 5700 Phase 2 located south of Harris Road and west of Summer Springs Drive. (Ward 6) Improvement Agreement with Castle & Cooke California, Inc. for Parcel Map 10668 located at the northwest corner of Buena Vista Road and Ming Avenue. (Ward 4) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are 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. INOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. May 10, 2000, 8:20am G:\GROUPDAT~ADMINRPT\2000\May 24\TR5362-2. TR5700-2wpd.wpd TD ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDAiTEM: 8 .SECTION:k. Consent Calendar TO: FROM: DATE: :SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director May 11, 2000 f-~EP--EOVED DEPARTMENT HEAD~ CITY ATTORNEY__~ CITY MANAGER ~ Agreement with the County of Kern for $60,000 for the South Union Avenue Streetscape Improvement Project. (Ward #1) RECOMMENDATION: Staff recommends approval. BACKGROUND: As part of the CDBG 1999/2000 Action Plan, the City Council approved $60,000 for the South Union Avenue Streetscape Improvement project. The project location is both sides of Union Avenue, including the median between Brundage Lane to Ming Avenue (Casa Loma Drive on the east side), all within metropolitan Bakersfield. The approval of this project agreement will commit City CDBG funds for constructing the streetscape improvements. 'T'he project will include curb, gutter, and sidewalks, landscaped median islands, lighting, bus stop shelters, drainage improvements, striping for bike lanes and resurfacing of the roadway. Maintenance of the improvements constructed within the City limits will be provided by the City. Maintenance of the improvements constructed within unincorporated metropolitan Bakersfield will be provided by the County. 'Fhe County of Kern is the lead agency for the design and construction of the project. '1'he project will use $873,000 of Transportation Enhancement Activities (TEA) funds, $60,000 of CDBG funds from the County, and $60,000 of CDBG funds from the City, for a total project cost of $993,000. The CDBG funds are being used as the required local match to the TEA funds. When completed, the improvements will eliminate the blighting influences and enhance the appearance of this area with landscaping and other related street improvements to promote a more aesthetic and viable community. About half of the project (from Brundage Lane to Belle Terrace Avenue) is located in the Southeast Bakersfield Redevelopment Project area. OIk: May 10, 2000, 2:3IPM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.1. T'O: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director May 3, 2000 AE VED DEPARTMENT HEAD ~ CITY ATTORNEY CITYMANAGER~;/z~ Agreement with Bakersfield Civic Light Opera Association for $50,000 to provide financial assistance to pay down a long-term lease for Stars Theatre Restaurant. (Ward #2) RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Civic Light Opera Association (BCLOA) - which is more commonly known as Bakersfield Music Theatre - recently opened Stars Dinner Theatre downtown in the former Bank of America Building at 1931 Chester Avenue. BCLOA has renovated and rehabilitated the 1903-vintage building, creating a theatre restaurant and lounge, plus meeting rooms available for special events. City staff has proposed financial assistance to BCLOA to help pay down a long-term lease of Stars' new downtown location. The amount of proposed assistance is $50,000. BCLOA is a 501(c)3 nonprofit corporation. The organization had its start in 1969 as "Theatre B," offering performances in the South High School Lecture Center. In 1973, Theatre B took on a nonprofit charter and the name Bakersfield Civic Light Opera. In 1975, the company moved its shows from South High to Harvey Auditorium In 1989, BCLOA opened Stars Theatre Restaurant at 324 Bernard Street. In 1999, Stars moved downtown. The company continues to offer larger-scale productions at Harvey Auditorium. The proposed agreement would provide this financial assistance in the form of a forgivable loan. The loan is for a five-year period at a 0% interest rate. It would be forgiven 20%, (or $10,000) each year the company is in compliance with the agreement. Any year the company is not in compliance and unable to remedy the issue of noncompliance, the entire balance would be due and payable. In return for this financial assistance, BCLOA has agreed to the following: 1. create or retain 10 full-time equivalent jobs over the next five years. 2. at least 51% of all jobs created shall be made available to Iow- and moderate-income persons. 3. Employers' Training Resource will be used as a first source for all employment positions. DIk:S:~Admins\bakersfietd music theatre.wpd May 3, 2000, 10:12AM ADMINISTRATIVE REPORT Page 2 BCLOA will provide hiring summaries annually to the city during each year of the agreement. These reports will document the hiring of the required number and percentage of Iow- and moderate-income individuals. Funds being used for this loan are Community Development Block Grant monies. Security for the loan is an assignment of a first deed of trust on commercial property BCLOA owns at 10518 Main Street in Lamont. DIk:S:~,dmins\bakersfield music theatre.wpd May 3, 2000, 10:12AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar TEM: 8. m. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager May 15, 2000 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Agreement between the City of Bakersfield and the Greater Bakersfield Convention and Visitors Bureau RECOMMENDATION: St;aff recommends approval of agreement. BACKGROUND: In 1997 the City adopted a three-year agreement with the Greater Bakersfield Convention and Visitors Bureau for' promotion and marketing of convention and visitor services. The amount funded by the City was based upon a fixed percentage of 10% of the "Transient Lodging Tax" estimated for the upcoming fiscal year. Additionally, the agreement allowed for additional moneys to go toward special efforts, which included pre- marketing of the arena and additional aggressive pursuit. The 10% TOT amount plus the additional amounts allowed by Council has been very near an 11% TOT rate. Total amounts allocated to the Greater Bakersfield Convention and Visitors Bureau for each of the three years were: 1997-98: $495,000; 1998-99: $500,000; 1999-2000:$516,000. (Eleven percent (11%) for these three years would have been: 1997-98: $489,500; 1998-99: $495~000; 1999-2000: $506,000.) Transient Lodging Tax for 2000-2001 is estimated to be $5,000,000; 11% equals $550,000. Funds have been included in the proposed 2000-2001 budget by the City Manager's Office. The existing a~lreement with the Convention and Visitors Bureau expires June 2000. A new three-year contract is being proposed at a flat 11% of TOT estimated for each upcoming year. The 11% is intended to provide a consistent funding source for convention and visitor services as well as marketing activity for the Convention Center and other hotels throughout the community. Other language changes within the agreement identify what a "convention of record" is, which is consistent with the language used in the City's agreement wil:h Ogden Entertainment. May 15, 20004:55 p.m. P:\CVB\ADM0(X)524-CVB ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. n. l'O: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 16, 2000 APPROVED DEPARTMENT H EAD./~,~ CITY ATTORN~'EY C~TY MANAGER Property Acquisition: Approve Purchase Agreement, $100,000, with John D. Afana, etal, to purchase real property on the south side of Paladino Drive approximately one half mile east of Morning Drive for a combined park and fire station site. Appropriate $94,500 fund balance to the Capital Improvement Budget within the Park Improvement Fund. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is acquiring land (see attached map) for a future park/fire station and the Paladino Drive right of way. The park/fire station comprises approximately 20 acres and the Paladino Drive right of way comprises approximately 3 acres. The purchase price of $100,000 is a product of negotiations based on an appraisal by Bruce A. Beaudoin, MAI, an independent fee appraiser. The tota~ estimated cost ($105,000) consists of the purchase price ($100,000) and estimated closing costs ($5,000). The total cost will be prorated by the net acreage assigned to each function. Fire will occupy 2 acres or 10% at a cost of $10,500 and Parks will occupy 18 acres or 90% at a cost of $94,500. The Fire portion is budgeted in the 1999-00 Capital Improvement Budget. The Parks portion needs to be budgeted. On June 1,2000, the Planning Commission will be asked to find the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent upon such a finding. DMA/$ May 16, 2000, 4:39pm ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.o. J TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager May 12, 2000 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /~'~"~- CITY MANAGER ~'~. . Amendment No. 2 to SPCA Independent Contractor's Agreement (Annual increase of $4,500 ) RECOMMENDATION: Staff recommends adoption of Amendment. BACKGROUND: In June of 1991 the City entered into an agreement with the Bakersfield Society for the Prevention of Cruelty to Animals (SPCA) to provide animal control services for the City. Since that time, several amendments have been made relating to the amounts needed for animal control services as well as extending the agreement to the year 2003. In addition, in October 1993, the City amended the agreement, adding an SPCA grant in the amount of $450,000, payabte over ten years, for construction of real property improvements at its facility at 3000 Gibson' to be used for animal control purposes. This grant agreement has been changed a number of times and is now in a separate agreement with the City, outside the animal control service agreement. Per Agreement #96-178(1), the City pays the SPCA $493,500 or $41,125 per month for animal control services. The requested amount is $498~000 annually ($41,500 per month). The additional funds requested equal $4,500, less than a 1% increase, $375 per month. The effective date of the increase will be July 1, 2000. Funds have been included in the proposed 2000-2001 budget by the City Manager's Office. The requested is based on increased operational costs. Staff recommends approval. May 12, 2000, 10:00AM P:\SPCA\SPCAAmend2-000524 ADMINISTRATIVE REPORT MEETING DATE: Hay 2LU 2000 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager May 17, 2000 APPROVED DEPARTMENT HEAD /~/ CITY ATTORNEY ~ CITY MANAGER Approval of Lease Amendment with Ogden Entertainment, Inc. under Lease Agreement No. 98-16 regarding Additional Suite Revenue Distribution RECOMMENDATION: Staff recommends that City Council approve the attached lease amendment with Ogden Entertainment, Inc. IBACKGROUND: The City is moving forward with the addition of three new suites, at concourse level, to Centennial Garden. Completion of the new suites will depend on Ogden Entertainment, California State University - Bakersfield, and Flying Puck LLC signing lease amendments (which Flying Puck has already done), and then getting construction bids at an affordable price. The three suites have already been leased conditionally, based upon the City completing those steps. The original agreement with Ogden Entertainment, Inc. did not contemplate more than twenty-four suites, so the attached amendment states how the revenue from those additional suites will be distributed. The amendment gives Ogden entertainment $1,000.00 per year new compensation for each new suite that is leased for three years. Beginning in Year Four, and thereafter, Ogden's compensation goes to 10% of the annual lease amounts. Food service money would be within the gross revenue definition. These terms will assist in financing the suite additions. Should the project not proceed, for example, if the [)ids come in too high, the amendment becomes meaningless and there will be no cost or obligation. rks May 17, 2000, 8:50AM P:~Adrrdn Repo rts&Related~Adm-2000\Ogden LeaseArnend me nt-S uiteAdditions-051700.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. q. 'ro: FROM: DATE: ,qUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 8, 2000 APPROVED DEPARTMENT HEAD ~/~/~,, CITY ATTORNEY ~-~ , CITY MANAGER Accept bid to award contract to McKee Electric Co. ($26,432.55) for Flashing Yellow Beacons on State Route 178 at Alder Street/A Street. (Ward 2) RECOMMENDATION: Staff recommends acceptance of Iow bid. BACKGROUND: This project consists of installing a flashing yellow beacon system and handicap ramps on Highway 178 at Alder and A Streets. This project is budgeted in the current fiscal year within the Gas Tax Fund. The Engineer's estimate for the work is $25,630. Sufficient funds are budgeted to award this portion of the project. On May 3, 2000 three acceptable bids were received as follows: McKee Electric Co. 1406 No. Chester Ave. Bakersfield, CA 93308 (County) in the amount of $26,432.55 Loop Electric :[516 East 19th Street Bakersfield, CA 93305 (City) in the amount of $34,569.88 A-C Electric Company 601 34th Street ]Bakersfield, CA 93301 (City) in the amount of $45,700.00 dns May 10, 2000, 10:37AM G:\GROUPDAT~ADMINRPT~2000Wlay 24\Flashing Beacon 178.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FRO M: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 17, 2000 APPROVED C,T. AT,OR.E. CITY MANAGER SUBJECT: Accept bid to award contract to Amber Chemicals, not to exceed $42,867.00, for swimming pool chemicals. P. ECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: On April 26, 2000, the City Council approved Agreement No. 00-132 (annual contract for pool chemicals) awarded to Argo Chemical, Incorporated. The contract was awarded to Argo with the specific understanding that pool chemicals would be delivered by an NSF-certified carrier/handler in compliance with the bid specifications. (The Recreation and Parks Department wishes to maintain a higher quality of pool water and the NSF certification assures a high degree of quality/purity of the chemicals.) Argo is not NSF certified but represented to the City in writing that it would have the chemicals delivered by HASA, Inc., a certified carrier. On Friday, May 15, 2000, Argo delivered in its own vehicle a quantity of pool chemicals to the City's Silvercreek facility. As these chemicals were not delivered by an NSF-certified carriedhandler, arguably the NSF certification has been lost and Argo is therefore in breach of the contract. Argo is in further breach as it has failed to post a bid and performance bond as required by the contract. Pursuant to the contract terms, staff has given Argo thirty (30) days notice of the termination of this contract, effective June 10, 2000. The two (2) remaining acceptable bids received are: Amber Chemicals 201 Boylan Street Bakersfield, CA 93308 (County) in the amount of $42,867.00 Great Western Chemical 3451 Unicorn Road #200 Bakersfield, CA 93308 (County) in the amount of $51,059.00 GJK/MGA:Isc s:\co u N C IL'C,d mins',A rn be r C he micals.wpd May 17, 2000, 10:12am ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. s. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 2, 2000 APPROVED DEPARTMENT HEAD ~/~ CITY ATTORNEY ~ h CITY MANAGER ./~ SUBJECT: Award contract to Abate-A-Weed, Incorporated, not to exceed $71,010.00, for chemical application on City property. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This type contract has been used by the Water and Parks departments to provide for the application of weed and ground squirrel control chemicals on City owned canal banks and reservoirs for over ten (10) years. One (1) bid, from the current provider, was received as follows: Abate-A-Weed, Incorporated 9411 Rosedale Highway Bakersfield, CA 93312 (County) in the amount of $71,010.00 p:~ADMIN~000ADIVllN\C000524A.wpd GJK:Ijm May 2, 2000, 2:30pm * ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.t;. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council A/~. OVED IRaul Mm Rojas, Public Works Director DEPARTMENT HEAD ~ May 12, 2000 CITY ATTORNEY ~--~ CITY MANAGER ~ Storm Drain Construction: Brimhall Road / Galloway Ddve Intersection: 1. Accept bid to award contract to Granite Construction Co. ($153,899.00) 2. Appropriate $15,000.00 fund bslance to the Capital Improvement Budget within the Sewer Enterprise Fund. (Ward 4) RI:COMMENDATION: Staff recommends acceptance of Iow bid and approval of appropriation. BACKGROUND: This project consists of constructing a storm drain system from 450 feet west of the intersection towards and connecting to an existing storm drain flowing north along Brimhall Road and includes curb and gutter construction along this length of Brimhall and extending south on Calloway. This project is budgeted in the current fiscal year within the Sewer Fund. The Engineer's estimate for the work is $128,917.0Q On May 3, 2000 four acceptable bids were received as follows: Granite Construction Co. 58;5 W. Beach St. Watsonville, CA 95077 (Out of Town) in the amount of $153,899.00 HPS Plumbing Services 401 34th Street Bakersfield, CA 93301 (City) in the amount of $159,442.04 Energy Tech, Inc. 520 Butte St. Bakersfield, CA 93305 (City) in the amount of $[61,054.50 Griffith Co. 1898 S. Union Ave. Bakersfield, CA 93387 (City) in the amount of $170,000.00 set May 12, 2000, 10:15AM S:\PROJECTS~JB\E0k002~ADMINWPD ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: IDAT E: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 11, 2000 APPROVED DEPARTMENT HEAD./~ CITY MANAGER SUBJECT: Accept bids from California Electric Supply $187,179.72, and Graybar Electric Company $33,301.24 for 84 street lights and 46 bcllards for the Downtown Streetscape Expansion and Baker Street projects. Total $220,480.96 RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: 2000, as follows: Invitations to bid were sent to five (5) suppliers. Four (4) bids were received April 13, Street Lights Bollards California Electric Supply 3301 NoAh Sillect Avenue Bakersfield, CA 93308 Graybar Electric Company 6100 Schirra Court Bakersfield, CA 93313 Consolidated Electrical Distributors 1133 32nd Street Bakersfield, CA 93301 G. E. Supply 3842 AIken Street Bakersfield, CA 93308 (City) $187,179.72 $33,797.12 (City) $190,180.20 $33,301.24 (City) $190,270.08 $33,547.80 (City) $193,603.20 $33,930.06 P:~ADMIN~000ADMIN\C000524B.wpd gJk:lim May 12, 2000, 9:29am ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director May 10, 2000  [I~VED CITY MANAGER~-/'/~ Approval of Community Development Block Grant (CDBG) Amendment No. 14 - FY 96/97, Amendment No. 7 FY 97/98, Amendment No. 6 - FY 98/99 and Amendment No. 4 - FY 99/00 Action Plan. (Wards 1 & 2) RECOMMENDATION: Staff recommends approval and submission to the U.S. Department of Housing and Urban Development (HUD) after the 30-day citizen review and comment period. BACKGROUND: As part of the City's efforts to remove blighting influences in the newly established redevelopment areas for Old Town Kern-Pioneer and Southeast Bakersfield Redevelopment areas, $300,000 of CDBG funds from FY 96/97 ($100,232), FY 97/98 ($64,234), FY 98/99 ($98,440), and FY 99/00 ($37,094) is recommended for Clearance and Demolition activities in Wards 1 and 2. At the April 19, 2000 Budget and Finance Committee meeting, staff was authorized to publish the 30-day public notice for the proposed amendment. The deadline for public comments is May 25, 2000. The proposed amendment will transfer $300,000 from Acquisition and Demolition Program funds in Wards 1 and 2) to Clearance and Demolition in the same two Wards. Two demolitions sites are proposed for these funds at this time, the Bakersfield Inn restaurant building at 1101 Union Avenue and the Brown Building located at 630 Kentucky Street. Both buildings have been vacant for many years and also have been tagged by the City's Code Enforcement department as unsafe. The removal of these blighting influences will demonstrate the City's Council's goal of cleaning up the Union Avenue and Baker Street corridor of substandard and dangerous buildings. The cost to remove the asbestos and the buildings at both sites is estimated at $300,000. Tlhe environmental review of both sites is currently underway, however, because the Brown Building was included in the Historical Resources inventory completed in 1987 an additional level of environmental clearance must be undertaken through the State Historical Preservation Office. This additional level of review for the Brown Building will delay the completion of the environmental review by 45-60 days. DIk:S:~Admins\demolition amendment admin May 10, 2000, 3:32PM ADMINISTRATIVE REPORT Page 2 On the other hand the environmental clearance for the Bakersfield Inn restaurant site will be completed by May 24, 2000, Below is an updated timeline for the demolition of the Bakersfield Inn restaurant building: May 12, 2000 Deadline for Asbestos Testing Survey Bids May 15, 2000 Publish Notice for Demolition of the Bakersfield Inn Restaurant Building May 24, 2000 Completion of the Asbestos Testing Survey May 25, 2000 Pre-Bid Walk Through of Bakersfield Inn Restaurant Site and Pre-Bid Workshop on Section 3 - Employment Workshop June 6, 2000 Bid Opening for Demolition and Asbestos Removal of the Bakersfield Inn Restaurant Building June 28, 2000 Bid Award City Council Meeting - for Demolition and Removal July 31, 2000 Completion of Demolition and Removal '['he public notice was published on April 25, 2000 initiating the amendment's public review and comment period. To date, no comments have been received. Should Council approve the recommendation to the proposed amendments, staffwould wait until after the expiration of the public comment period (May 25, 2000) before forwarding the necessary documents to HUD. DIk:S:~Admins\demolition amendment admin May 10, 2000, 3:32PM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .w. 1'0: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 12, 2000 APPROVED DEPARTMENT HEAD /~'~ CITY ATTORN YE~ ~ ' -~ CITY MANAGER ~ Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $276,236.50. RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% is recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) General Services - Airpark General Services - Grafitti Abatement Fire Safety (Haz Mat Plans & Inspections) Police (Alarm Violations) Community Development (CDBG) Risk Management (Property Damage Claims) $87,218.02 2,344.57 944.07 1,600.00 3,297.27 7,730.50 155,666.74 17,435.33 TOTAL $276,236.50 The recommended write off amount is about .42% of total billing, or less than 1%. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 50.14% or $138,513.23 of the write off amount. In these cases, claims have been filed with the court. Once bankruptcy is filed, the debtor is protected by 'the court and we are prohibited by law from further collection efforts. The Community Development (CDBG) item represents Home Improvement and Mu[ti-Family Rehabilitation Loans. The CDBG item does not include $12,022.55 involved in foreclosure proceedings. db May 12, 2000, 9:33am S;\Darrin\Bill~Admin - WdteOffs.wpd ADMINISTRATIVE REPORT Page 2 The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. db May 12, 2000, 9:33am ADMINISTRATIVE REPORT IMEETING DATE: May 24, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8.x. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief May 16, 2000 AP~PROVED DEPARTMENT HEAD CITY ATTORNEY N/A CITY MANAGER SUBJECT: Approval of two Thermal Imaging Cameras donated by the Masons of the Bakersfield Scottish Rite Society. RECOMMENDATION: Staff recommends approval of donation. BACKGROUND: The Masons of the Bakersfield Scottish Rite Society have donated two Thermal Imaging Cameras to aid during search and rescue as well as early detection of a fire source, investigating for hidden fires, salvage efforts, and hazardous materials incidents. These two cameras total approximately $46,000. The Fire Department was approached by the Masons regarding our opinion on the cameras and if the department had such devices. Together, the Masons and the Fire Department were able to obtain these two cameras bringing the 'project to fruition. kec May 16, 2000, 10:0ZAM p:\admin report\Thermal Imaging Cameras ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Consent ITEM: 8. y. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ,,~ DATE: May 16, 2000 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Transfer of $10,000 from the Council Contingency to the Non Departmental Operating Budget within the General Fund for a community forum conducted by Reverend Eugene Rivers III of Boston Massachusetts. RECOMMENDATION: Approve the community forum, direct staff to proceed and transfer appropriations. BACKGROUND: The Ad Hoc Committee on Crime, Weapons, Gang Violence and Community Relations has been meeting for the past several months to develop long term strategies for reducing gang violence to make every neighborhood in the City of Bakersfield a safer place to live. It is the Committee's desire to bring a prominent speaker to Bakersfield to share his ideas, attend an Ad Hoc Committee meeting, participate in a community forum/luncheon with the faith community and be the featured speaker at an evening meeting at City Hall for educators, business owners, parents and the community. The Committee is in the process of formulating a comprehensive action plan that can be utilized as a model to be replicated throughout the City of Bakersfield. The Committee recognizes that reducing gang violence requires a consistent long term effort and this step is one of many that will be a part of a long term plan. This request is necessary to cover the cost of hosting the community forum and to provide a modest honorarium plus expenses for Reverend Eugene Rivers III. Reverend Eugene Rivers III is a nationally recognized speaker and the founder of the Ella J. Baker House in Boston, Massachusetts. The Ella J. Baker House located in the Dorchester area of Boston on Washington Street in one of the city's toughest neighborhoods, is a former crack den that became his church and a full-service youth center. He is also co-founder of the widely praised Ten Point Coalition Plan for mobilizing Churches to save at-risk inner city youth. He has worked closely with the Boston Police Department to develop effective prevention, intervention and enforcement, May 16, 2000, 3:22PM AIDMINISTRATIVE REPORT Page 2 strategies while developing strategic partnerships across a broad spectrum of community and institutional stakeholders: from clergy to streetworkers; Boys and Girls Clubs, YMCA's and universities. The theory behind these strategic collaborations is that by working together, the resources and ideas brought to bear on this crucial problem increase exponentially. May 16, 2000, 3:22PM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Hearings ITEM: 'ro: I=ROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 5, 2000 APPROVED DEPARTMENT HEAD I/'~ ' CITY ATTORNEY ~--~:~ CITY MANAGER ~ _ Resolution ordering the vacation of a 50' portion of the waived vehicular access rights on the west side of Ashe Road at the northeast corner of Parcel 2 of Parcel Map No. 9233. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Vehicular access was originally waived for all parcels along the west side of Ashe Road between White Lane and the Southern Pacific Railway with the filing of Parcel Map 6170 in 1982. As development has occurred and parcels have been further divided, the City has allowed a few access openings along this portion of Ashe Road. Upon compliance with City development requirements, these openings have been provided by the City AbandonmentJVacation Process. Bedrosian Tile Co. is building a 24,000 Sq. Ft. tile warehouse - showroom on Parcel 2 (PM9233). The parcel now shares one access opening to Ashe Road with Parcels t and 3 of PM 9233. Mr. Bedrosian requests an additional access opening to Ashe Road so big truck traffic can exit his complex without having to circulate tihrough the car parking area in front. The applicant has been made aware that the new access will be limited to right turn only in and out. The City, Fire, Police, Public Works, Development Services and Economic Development Departments have been notified and none have posted any objection to the proposed vacating. The City Traffic Engineer has restricted the opening to right turn only turning movements for bo[h exit and entrance. All utility companies serving the area have been notified and none have indicated they have objection to the additional vehicular Access Opening. The proposed closure was heard by the Planning Commission at its meeting of April 6, 2000, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. On March 3, 2000, property owners within a 300 foot radius were mailed notice of this proposal and none have objected as of the date of this Report. City Council at its regular meeting of April 26, 2000 adopted Resolution of Intention No. 1214 declaring its intention to order the vacation creating the access opening. dns May 8, 2000, 9:39AM G:\GROUPDAT~ADMINRPT\2000\May 24\Resolution PM9233.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Hearings ITEM: 9. b. TO: Honorable Mayor and City Council APP .ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD IDATE: May 5, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Ordering the vacation of Londonderry Avenue (entire roadway from Stine Road to east end). (Ward 6/ i~ECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Porter-Robertson Engineering requests the vacation of LondonderryAvenue in compliance with the conditions for approval for Tentative Tract No. 5958. The existence of Londonderry Avenue as a public street creates a double frontage lot situation and does not comply with the access requirements of the Tentative Tract. Londonderry Avenue is now improved with a pavement width of 32 feet with curb, gutter and sidewalk on the south side only, as part of site development for Ridgeview Church of the Nazarine. The church is in agreement with the vacation and will very likely retain the roadway as private access. 7['he land underlying the north half of Londonderry Avenue is owned by Regional Mortgage Company and is part of the property being subdivided by Tract No. 5958. Porter-Robertson will incorporate drainage improvements along Londonderry Avenue into the design of Tract 5958. The City, Fire, Police, Public Works, Development Services and Economic Development Departments have been notified and none have posted any objection to the proposed vacating. No other City facilities are within the area. '['he utility companies serving the area have been notified by mail. Pacific Gas & Electric Company, California YVater Service Co. and Pacific Bell have indicated that they have no facilities in the right of way and have no objection to the vacation. On March 3, 2000, all property owners within a 300 foot radius of the proposed vacating area were mailed preliminary notice and no objections have been received as of the date of this report. 7he proposed closure was heard by the Planning Commission at its meeting of April 6, 2000, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. The Council at its regular meeting of April 26, 2000, adopted Resolution of Intention No. 1213 declaring its intention to order the Londonderry Avenue vacation and setting the date of May 24, 2000, for public hearing on the vacatio~q. This hearing has been duly advertised and posted on site as required by [aw. dns May 5, 2000, 4:41PM G:\GROUPDAT~ADM[NRPT~2.000'Wlay 24\Resolution Londonderry.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Hearings ITEM NO: 9-c. TO: FROM: DATE!: SUBJECT: Honorable Mayor and City Council Development Services - Planning May' 3, 2000 CITY MANAGI~R /~ Appeal by Warren Peterson, representing Ralph and Donna Kuhen, of the Board of Zoning Adjustment's decision to deny a modification (File No. P00-0215) to allow a six- foot high masonry wall in the front yard where four feet is the maximum fence height in an R-1 (One Family Dwelling) zone district located at 2219 Pine Street. (Ward 2) RECOMMENDATION: Staff recommends approval of the resolution denying the appeal and upholding the Board of Zoning Adjustment's decision to deny the requested modification. BACKGROUND: The applicant is requesting that his clients be permitted to construct a six-foot high solid masonry wall in the front yard and right-of-way in front of their residence. The homeowners want this wall to increase security of their family members. This wall is proposed within the city's right-of-way of Pine Street as it would be approximately seven feet into the right-of-way (curb-to-property line is 14 feet). Landscaping is proposed to help soften the visual impact of the solid wall. No sidewalk exists along the property's frontage and the owners proposed to leave this area with turf. An illustration is attached showing the proposal and what fence heights are permitted by ordinance. Front yard areas of the majority of properties in the neighborhood are generally open in nature with few fences. Those that exist are predominantly four feet in height. Hedges do exist at greater heights though these are found along side property lines in the front (many being legal nonconforming), but very few exist parallel to the street frontage (such as the neighbor to the north). Fence height modifications granted in the last twenty years have been mainly to side and rear yard areas that increased fence heights from six to eight feet (in many instances these were along alleys). ADMINISTRATIVE REPORT Page 2 Staff noted that the Board had denied a similar modification request to the property adjecent to the north in 1993 due to the solid wall not being compatible with homes in the area. It was also noted that there are two homes with front yard fence modifications though these were approved by the Board a number of years ago. Both of these fences are at the corner of 21st and Pine Streets. The home at the northwest corner was granted (this was not unanimously approved) a six-foot high wrought-iron fence though the Board conditioned it to be built outside the right-of-way and that the owner install sidewalks. The other home at the northeast corner (Judge Walter Condley's home - he wrote a, letter objecting to the present request), was granted a wall along the front yard along 21st Street at six feet in 1973. The Board approved this wall since the house faces Pine Street which is the side yard (the six-foot wall that exists along Pine Street meets current ordinances) and it allowed that homeowner to wrap this fence around the side of the house to the garage. This fence is on the property line and it appears that the Board found at that time the house orientation to be unique because of its corner location. The Board received comments from seven neighborhood residents, three in support and four in objection to the applicant's proposal. Some of the objections concerned the fact that a solid wall was being proposed rather than something more open such as wrought-iron. The Board, however, noted that the proposed wall would be significantly out of character with the neighborhood and that there were other remedies available to the homeowners to improve security other than increasing the fence height and creating a fortress affect. Therefore, the request was denied. ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Hearings ITEM: 9 · d. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief May 11, 2000 A.P, PROVED DEPARTMENT HEAD~~. CITY ATTORNEY CITY MANAGER //~ SUBJECT: Resolution renewing eligibility of the Bakersfield Fire Department to participate in the Federal Surplus Property Program. RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: On August 26, 1998, the Bakersfield City Council approved an agreement for mutual aid fire protection between the Bakersfield Fire Department and the State of California Departmer~t of Forestry (Agreement No. 98-209) which permitted the City to participate in the Federal Surplus Property Program. In the last year, we have received over $70,000 in property from this program at no cost to the City. Items ranged from forklifts to meal rations. In order to continue participation in the Federal Surplus Property program, a renewal application on behalf of the Bakersfield Fire Department must now be submitted. p:~Admin Report\Federal Surplus Program May 1 I, 2000, 9:24AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Hearing TEM: 9. e. TO: FROM: [)ATE: Honorable Mayor and City Council Development Services ~ Planning May 8, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Final Environmental Impact Report, General Plan Amendment P98-0760, Specific Plan Line and Ordinance. The South Beltway corridor is located within the central portion of Kern County, crossing east-west, south of the City of Bakersfield for approximately 28 miles from Interstate-5 (I-5) to State Route-58 (SR-58). (Ward 1) Certification of the Final Environmental Impact Report and adoption of Statement of Overriding Considerations for General Plan Amendment P98-0760 and the South Beltway Specific Plan Line. General Plan Amendment P98-0760 is the South Beltway Transportation Corridor alignment which would be shown as a "freeway" on the Circulation Element map of the Metropolitan Bakersfield 2010 General Plan. The Specific Plan Line is an exact description of the 26 mile long and 300 foot wide transportation corridor. Amend Zoning Ordinance, Section 17.55.030 of Municipal Code which will permit oil and gas extraction activities to continue within the specific plan line. RECOMMENDATION: Adopt resolution certifying the Final Environmental Impact Report and adopting Statement of Overriding Considerations; adopt resolution transmitting General Plan Amendment P98-0760 and Specific Plan Line to Kern County for further review, hearing and consideration, by the Board of Supervisors; and first reading of the ordinance. BACKGROUND: The following is a brief history of the South Beltway. The Metropolitan Bakersfield 2010 General Plan calls for the adoption of four freeway alignments to form a "beltway" around the Bakersfield Metropolitan area. One of the alignments to be adopted is the South Beltway. This alignment is entering the 10th year in the public review process to adopt a specific plan line. May 12, 2000, 8:26AM ADMINISTRATIVE REPORT Page 2 Specific plan lines are an exact description of the freeway right~of~way to be protected from development. The goal is to adopt a transportation corridor linking Interstate 5 with Highway 58 while serving the southern metropolitan area. This alignment would reduce traffic from local streets and create a link in the beltway system as set forth in the Metropolitan Bakersfield 2010 Plan. ~Fhe specific plan lines for the Kern River Freeway and the Western Beltway are already adopted, the next alignment in the specific plan line program is the Eastern beltway along Comanche Drive. The South Beltway alignment is 26 miles long and three hundred feet wide. The right-of-way needs to be defined and preserved to avoid conflicts with development and provide for coordination of planning for circulation and land use as required by state law. Given the trends for development and traffic growth the need for the South Beltway's construction will become critical sometime after 2020. Considering the time it takes to satisfy state and federal planning, engineering and construction of freeways the city, county and Kern COG need to finalize agreement of this alignment as soon as possible. The applicants for this project are the City of Bakersfield, the County of Kern and the Kern Council of Governments. There have been 10 public meetings at the Planning Commission (just within the last 3 years) with more than 20 hours of public testimony. This does not include special workshops, presentations by staff and planning commission committee meetings. The Alignments The FEIR considered a wide corridor for the candidate alignments. Several alignments were considered and property owners (about 5,000) were notified within 2,640 feet of all alternatives. This departure from the typical notification procedure was done to inform all the nearby property owners of the possible areas through which the freeway might pass and permit minor movements of the alignment in response to concerns of the public. Staff initially recommended an alignment closest to the existing metropolitan area because the closer the freeway to the population center the more effective the road is in reducing traffic on local roads (I.e. Panama Lane, Hosking Road, Berkshire Road, McKee Road), which is a principal traffic concern of the city's. The staff's alignment is often referred to as the Hosking Road alignment. This alternative received heavy public opposition at the December 1998 Planning Commission meeting. Of all the alignments this would take the most homes (60 to 70 homes), goes through the most tentative tracts (3) and has far more development immediately adjacent to the alignment than any other alternative. The Planning Commission directed staff to review a different alignment that became known as the Engle Road alignment. Staff and consultant did field work and environmental documentation necessary for closer consideration. This Engle Road alignment also met with heavy opposition during the December 1999 public hearing and the Planning Commission sent the alignment to committee. May 11,2000, 11:16AM ADMINISTRATIVE REPORT Page 3 The Planning Commission committee selected an alignment which took into account various concerns raised during the many hours of public testimony. The Committee's alignment had by far the least opposition of any of the previous alignments. The fewest homes were taken (about 10) and the least development was adjacent the alignment. Prior to the hearing on this alignment, city and county staff met with individual property owners to resolve problems raised concerning the committee's alignment. In response to these concerns staff recommended several changes to the committee's alignment in an attempt to miss houses and public facilities. The alignment proposed by the committee/staff was changed by the full Planning Commission along Di Giorgio Road between Union Avenue and Adobe Road (moved slightly north) in response to concerns raised at the public hearing of February 17, 2000. All movements of the alignment attempted to move the specific plan line off a house or public facility and onto open agricultural land. In no case did staff or the commission knowingly move the alignment from one set of houses onto another. These alignments were never entirely new but rather mostly incorporated portions of previous alignments. Even the Planning Commission's recommended alignment sent to the Council shares large portions of previous alignments which have been under consideration for years. There is an Environmental Impact Report prepared for this project. There has not been much controversy associated with it because it has been prepared using assumptions that all the alignments in south Bakersfield have certain significant impacts (i.e., traffic, air quality, agricultural land conversion) regardless of the exact location of the alignment. The purpose of the proposed zoning ordinance would allow continuation of current oil and gas exploration and production and such future exploration and production within the specific plan line. Such oil and gas activities are permitted by right within the specific plan line and would continue to be permitted by right. The ordinance amendment was proposed by Enron Oil, Inc, holder of mineral rights over a significant geographic area within the alternative alignments. Enron has agreed to the ordinance amendment language, and subsequently its mineral rights were acquired by Oxidential. The alignment before the Council represents the best alignment that meets the primary goals of the Metropolitan Bakersfield 2010 General Plan while minimizing its impacts on people and property to the greatest degree possible. There is opposition to this alignment by some of the affected property owners. Significant unavoidable impacts, after mitigation, include the following: loss of prime agricultural land, growth inducing impacts, potential visual resources impacts and potential impacts to infrastructure. Correspondence from Arvin-Edison Water District (dated February 14, 2000) states that the alignment runs through four miles of the District and may impact two pipelines and cross two canals. The recommended alignment is preferable to the "original preferred alignment"; however this alignment may impact the districts's main pumping plant facilities. When it becomes necessary to precisely position the corridor, the District would appreciate further consultation. The District understands that growers may be interested in a workshop to discuss alignment options. May 11, 2000, 11:16AM ADMINISTRATIVE REPORT Page 4 The recommended alignment is now almost entirely outside City limits but has the full support of County staff who have been involved in all the meetings regarding the alignment. The City has been the lead agency because the most heavily developed area the original alignment went through is located within the City and the greatest development pressure in south Bakersfield is all within City limits. There is a great need to settle the location of the freeway to both provide certainty in regional planning for land use and circulation in the area and to avoid having development preclude any alignment in the southern Bakersfield area. RED S:\Dole\SBVWAR 5 24 00.wpd May 11, 2000, 11:16AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: Deferred Business ITEM: t~..a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager APPROVED DEPARTMENT HEAD //~ May 11,2000 CITY ATTORNEY ~ C~TY MANAGER //"~ Repeal of section 2.84.170 of the Bakersfield Municipal Code pertaining to Sanitation Division Employees. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: A conflict has arisen between Bakersfield Municipal Code section 2.84.170 and Resolution No. 66-99 (Memorandum of Understanding for employees of the blue and white collar units) relative to additional compensation paid to sanitation workers assigned to duties of a higher classification. Section 2.84.170 provided that any sanitation worker assigned to the duties of a higher classification would be compensated at the rate of pay of the higher classification in the step held by the assigned employee. Subsequent to adoption of that ordinance and in compliance with the Meyers-Milias-Brown Act, the City met with the Service Employees Internationa~ Union (S.E.I.U.) which represents employees of the City's blue and white collar units, and the parties agreed to a minimum five percent (5%) premium pay provided for the period of out-of-class work and a minimum of ten percent (10%) premium pay whenever the out-of-class work: (1) involves work in a classification whose compensation is twenty percent (20%) higher than the position held by the employee, or (2) involves grade skipping within normal promotional sequences. (Example of grade skipping is Equipment Operator I being assigned the job duties of Equipment Operator Ill.) This agreement was adopted by Resolution No. 66-99 and now represents the more accurate understanding relative to differential compensation between the City and this bargaining unit. Accordingly, Bakersfield Municipal Code section 2.84.170 is now superseded and should be repealed. This ordinance was given first reading at the Council meeting of May 10, 2000. CH.rg May 11,2000, 9:27AM Q:~AD MIN R PT~Ordinance Sanitation.wpd ADMINISTRATIVE REPORT MEETING DATE: May 24, 2000 AGENDA SECTION: New Business ITEM: 12.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 15, 2000 DEPARTMENT.EA ",. _vE° CiTY ATTORNEY ~/~%' CITY MANAGER ~ Adoption of New Policy for Improvement Standards for Median Islands. RECOMMENDATION: Staff recommends adoption of new policy. BACKGROUND: City Standards require the installation of landscaped median islands down the center of Arterial Streets. Often, in-lieu of constructing the landscaped median island, a developer abutting an Arterial Street will opt to pay for his share of the landscaped median island based on his frontage of the Arterial Street. Then later, when a second developer has a project on the opposite side of the Arterial Street, he can either build the landscaped median island utilizing funds the City obtained from the first developer, or the second developer also pays for his share of the median island and the City then constructs the landscaped median island as a capital project. These new development projects are also usually already within the Consolidated Maintenance District, or are required to become a part of the District as a development condition. However, in many older areas of the City, median islands exist that have minimal if any landscaping and are primarily surfaced with either black asphalt or green painted asphalt. The green paint is peeling on many of these median islands, and there have been many complaints from citizens regarding their appearance. As these are primarily in older areas of the City, the areas are not within the Consolidated Maintenance District and the General Fund pays for their maintenance. The Community Services Committee recently received a referral regarding the condition of these existing "ugly" median islands located throughout the City, and what could be done to enhance their appearance. And as the Consolidated Maintenance District does not fund the maintenance of these median islands, any improvement needed to recognize the need to keep the median island maintenance costs Iow. Therefore, new additional landscaping needed to be minimized and be of the Iow-maintenance type (trees and shrubs, no groundcover or turf). Using these parameters, staff prepared several various designs for the Committee's review which had several variations of rock and concrete surfacing, with some additional trees and shrubs. The Committee preferred two of the designs over the others presented. The Public Works Department and Recreation and Parks Department then improved two short median island segments using these preferred designs: California Avenue, King Street to Owens Street South H Street, Calcutta Street to Pacheco Road 6jc May 15, 2000, 3:27PM G:\G RO U PDAT~A DMI N RPT~2000~vlay 24\medianres.wpd ADMINISTRATIVE REPORT Page 2 The Committee reviewed the constructed median islands and preferred one (California Avenue) over the other. Three hundred thousand dollars ($300,000) is proposed in the FY 2000-2001 for median island upgrades using the preferred design. Staff requests that the City Council adopt a policy identifying the median island design constructed on California Avenue as being the "standard" for upgrading both existing median islands in City Streets, as welt as for constructing new median islands along streets where development has already occurred and no mechanism for funding future fully landscaped median island installation or their maintenance is anticipated. cjc May 15, 2000, 3:27PM G:\G ROUPDAT~DMIN RPT~2000~lay 24~medianres.wpd