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HomeMy WebLinkAbout06/28/2000 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 28, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (20 min) WORKSHOP a. Update of the Proposed FY 2000-2001 Budget (City Manager Alan Tandy) CLOSED SESSION Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Torrance Kendricks vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. CV-F-99-6761 SMS 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 Kevin Harrel, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Price of Proclamation to Audrey Chavez, Director of Bakersfield AIDS Project, proclaiming June 21-28, 2000 as AIDS Compassion and Testing Week. 6. PUBLIC STATEMENTS (Ward 4) APPOINTMENTS a. One appointment to the Board of Zoning Adjustment. Staff recommends appointment of Alan Christensen. CONSENT CALENDAR Minutes: a. June 14, 2000 Council Meeting. Payments: Payments from June 3, to June 16, 2000 in the amount of $7,086,310.59; and Self Insurance payments from June 3, to June 16,200Oin the amount of $96,464.90 Resolutions: Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue: 1. Resolution of Intention No. 1218 ordering the vacation of the 20 foot wide sewer lift station access easement at the northeast corner of Ming Avenue and Grand Lakes Avenue, in Lot 6, Tract No. 5877-D. 2. Improvement Agreement with Khalid Abureyateh for vacation of access easement. Resolution confirming assessment for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 1. Agreements (4) with property owners to pay sewer connection fee in installments and notice of special assessment lien. Resolution calling and giving notice of holding a General Municipal Election for election of Councilmembers for Wards 2, 5 & 6 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 7, 2000. Agreements: Agreement with A-C Electric Company and The Rotary Club of Bakersfield East for acquisition and development of Joshua McMorris Memorial Park. Agreement with Kern County Waste Management Department to pay commercial refuse bin fees by the ton. -2- 8. CONSENT CALENDAR continued (Ward 4) (Ward 2) (Ward 2) (Ward 1 ) (Ward 5) Agreement with the County of Kern for shared costs of Operating Green and Wood Waste Diversion Program. i. Environmental Impact Report for General Plan Amendment/Zone Change P00-0291: Agreement with Castle & Cooke Commercial-CA, Inc., a California Corporation for the preparation of an Environmental Impact Report and appropriate $76,886 developer's contribution to the Development Services Operating Budget in the General Fund. Agreement with Michael Brandman Associates, $57,666 to prepare an Environmental Impact Report for General Plan Amendment/Zone Change P00-0291, located along the north side of Stockdale Highway, west of Calloway Drive. Bakersfield Station Lease Agreement with National Raitroad Passenger Corporation (Amtrak) regarding the lease terms for the new Amtrak Station. Consultant Agreements with Mclntosh & Associates $125,000, and T.W. Collins Associates, $125,000, to provide construction inspection services for Capital Improvement Program projects. Amendment No. 1 to Agreement No. 99-44 with John Q. Hammons Hotels Two L.P. to delete City's responsibility to resurface the Holiday Inn Select parking lot and pay the $27,000 set aside for resurfacing the parking lot to the Holiday Inn Select for their use in improvements to the parking lot and landscaping. Bids: Award Contract to Sessions Construction and Demolition, $93,000 for the demolition of the Bakersfield Inn restaurant building located at 1101 Union Avenue. Award Annual Contract to Granite Construction for HUD and CDBG funded installation or repair of street surfaces within entitlement area, not to exceed $324,404.44 Award Annual Contract to Jim AIfter Cement Contractor for concrete construction, not to exceed $1,623,545. Award Annual Contracts to Waxie Sanitary Supply, not to exceed $40,452.24; San Joaquin Supply, not to exceed $17,488.13; and Unisource Worldwide, not to exceed $7,356.02 for janitorial supplies, total $65,296.39 Award Contract to Valley Steel Construction $55,004 for metal building gutter replacement, City Corporation Yard Buildings C and D. -3- 8. CONSENT CALENDAR continued Accept bid from Central Valley Truck Center $143,224.87 for a 19 ton hydraulic crane (replacement) for the Public Works Department. Miscellaneous: s, Appropriate $200,000 Fund Balance to the Public Works Operating Budget within the Sewer Enterprise Fund for unanticipated electricity costs. Investment Policy of the City. (StaffrecommendsreferraltoBudgetandFinance Committee) Staff recommends adoption of Consent Calendar Items a. through t. HEARINGS (Wards 1,2, 7) C. Public Hearing to consider Government Code Section 30061, Citizens Option for Public Safety, regarding $500,000 Supplemental Law Enforcement Services Funding for a Records Management System. Staff recommends approval (Wards 1, 2) d. Public Hearing on proposed expenditures of the Office of Criminal Justice Planning, California Law Enforcement Technology Equipment Purchase Program Grant, and appropriate $192,200 grant monies to the Police Department Operating Budget in the General Fund. Staff recommends Council conduct public hearing on expenditure on CLETEP Program Grant funds and approve appropriations. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. Staff recommends adoption of the resolution. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. Staff recommends adoption of the resolution. e. Resolution adopting fees pursuant to the Cost Recovery System. Staff recommends adoption of the resolution. -4- (Ward 1 ) HEARINGS continued Resolution approving the issuance of equipment only purchase program notes by the California Statewide Communities Development Authority (TEFRA Hearing), not to exceed $1.6 million. Staff recommends adoption of the resolution. 10. REPORTS Acceptance of Bakersfield Redevelopment Agency Report No. RA2-00 regarding Responses to Requests for Statements of Interest; concurrence with execution of an Exclusive Right to Negotiate Agreement with Ray P. OImscheid Development Company. (Staff comments by Assistant City Manager Alan Christensen) Staff recommends Council accept report, concur with execution of an Exclusive Right to Negotiate Agreement with Ray P. Olmscheid Development Company, direct staff to work with the Bakersfield Redevelopment Agency on a three-party Disposition and Development Agreement, and direct staff to begin recruiting an environmental consultant. 11. DEFERRED BUSINESS a. Ordinance adding, amending and rescinding various sections of Title 17 of the Bakersfield Municipal Code pertaining to families, daycare homes, and residential facilities in residential zones; accessory buildings; wall and landscaping separations; churches in the C-O zone; signs for nonprofit organizations; and other general ordinance cleanup items. (First reading 6/'14/00) Staff recommends adoption of the ordinance. b. Ordinance adding Chapter 2.62 of the Bakersfield Municipal Code relating to the creation of a Keep Bakersfield Beautiful Committee. (First reading 6/14/00) Staff recommends adoption of the ordinance. Fiscal Year 2000-01 Budget: 1. Resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budget as amended.. 2. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency as amended. 3. Resolution establishing the City of Bakersfield Appropriations Limit. Staff recommends adoption of resolutions. -5- 12. (Ward 5) NEW BUSINESS Ordinance authorizing the City Council to sit as the Board of Directors of the Kern River Levee District, approve the annual budget and authorize the Water Board to review the operations of the District and provide direction to staff within budgetary guidelines. Staff recommends first reading of the ordinance. Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zone Map No. 102-33 by changing the zoning from Limited Multiple-Family Dwelling zone to a One Family Dwelling - Church zone on .98 acres, located on the southwest corner of Quailwood Drive, north of El Rio Drive (P00-0285) Staff recommends first reading of the ordinance. Amendment No. 2 to Agreement No. 85-142 with the City of Los Angeles extending the time period and lowering the cost of spreading effluent from Wastewater Treatment Plant No. 3. Staff recommends approval of amendment. Resolution supporting Assembly Bill 2495 (Ashburn concerning local regulations of biosolid imports. Staff recommends adoption of the resolution. Request by Time Warner Cable for a 36-month waiver of franchise fees related to Road Runner Internet service. Staff recommends denial of request to waiver of franchise fees related to Road Runner Internet service for 36 months. 13. COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Council~AGENDA\JUN2800.wpd June 22, 2000 (3:48pm) -6- B A K E R S F I E L D MEMORANDUM JUNE 23, 2000 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSO~, A(~S/SISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - JUNE 28, 2000 COUNCIL MEETING PRE-MEETING There will be a workshop by the City Manager's office giving an overview of the FY 2000~2001 budget adjustments and questions generated by the City Council workshops. There are two closed session items regarding existing litigation: 1) Torrance Kendricks vs. the City of Bakersfield, and 2) U.S. Fire insurance Company vs. the City of Bakersfield. APPOINTMENTS There is one appointment to the Board of Zoning Adjustment. Staff is recommending Alan Christensen fill the vacant position previously held by Jake Wager. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Sewer lift station at the northeast comer of Minq Avenue and Grand Lakes Avenue. Khalid Abureyaleh has requested the vacation of the 20 foot wide access easement to the lift station and that access be relocated to Grand Lakes Avenue. The applicant will be responsible for the removal of the current access point and construction of a new gate and drive access on Grand Lakes Avenue. He plans to begin construction as soon as the vacation is completed. Item 8d. Resolution confirming assessment for sewer connection fees and authorizinq the collection of assessments by the Kern County Tax Collector. This resolution provides for City assistance to property owners who have recently connected to City sewers and where the fee to connect to the sewer would produce an economic hardship. To assist them, the Municipal Code provides that a property owner can spread the collection fee over a three-year period to be collected on their property taxes. HONORABLE MAYOR AND CITY COUNCIL June 23,2000 Page-2- Item 8e. Resolution callin~ and qivinq notice of holdinq a General Municipal Election for election of Councilmembers for Wards 2, 5 & 6 and requestinq consolidation with the County of Kern Statewide General Election to be held Tuesday, November 7, 2000. This resolution calls for the General Municipal Election to be consolidated with the County and State elections to be held on November 7, 2000 for Wards 2, 5, and 6 Councilmember seats. Agreements: Item 8f. Aqreement for acquisition and development of Joshua McMorris Memorial Park. Joshua McMorris was a victim of a violent crime and his body was found in the center of a vacant lot several years ago. In response to his death, a coalition of business and service organizations have come together and raised money for a Joshua McMorris Memorial Park. A. C. Electric Company, owner of the land where Joshua's body was found, has agreed to donate the property for the memorial park, and the Rotary Club of Bakersfield East is committed to constructing the park for the adjacent residents and to benefit the community'. In addition, the Rotary Club has raised $40,000 [o help defray future maintenance costs of the park. This agreement addresses acquisition of the park, specific plans for its construction, and its dedication to the City. Item 8q. Agreement with Kern County Waste Manaqement Department to pay commercial refuse bin fees by the ton. Under County ordinances, disposal fees for commercial bin refuse may be paid at the rate of either $2 per cubic yard or $29 per ton. The two rates were equivalent to each other originally as Countywide averages. Historically, the $2 per cubic yard fee has been used for Bakersfield. However, weight/volume studies of Bakersfield's refuse indicate potential savings at the $29 per ton rate. This is because Bakersfield's commercial refuse weighs in at less than the Countywide average. Savings of approximately $500,000 to $600,000 are estimated Citywide for bin service by both the City and its contract hauler. Staff would recommend that these savings, when realized, be set aside for the landfill cap at the Bakersfield landfill. The City of Taft recently did a similar switch to the $29 per ton rate and significant savings resulted. Item 8h. Aqreement with the County of Kern for shared costs of Operatinq Green and Wood Waste Diversion Proqram. This proposed agreement would renew the agreement with the County to co- sponsor the Mt. Vernon Green and Wood Waste Recycling Program for a three-year period beginning with FY 2000-01. The new agreement covers an expansion of the program to process material from the County's new curbside greenwaste collection program. The County's share of costs is based upon a pro rata share of County tonnage processed at the facility. The percent participation by County residents is multiplied by the lesser of actual expenditures or the budgeted amount shown in the agreement to determine the County shared contribution. Expansion to handle the increased volume of material requires the addition of three full~time employees. Funding for these positions will be paid for through this agreement. The County will contribute up to $1 million per year in operating expenses including their current pro rata share. In addition, they will contribute $486,400 for up-front purchase of equipment for program expansion. The 2000-01 proposed operating budget for the Solid Waste Division is being revised to include expenditure and revenue estimates associated with the program expansion. These adjustments are being included as part of the amendments to the proposed 2000~01 budget, which are inoluded on this agenda for Council consideration and approval. The agreement becomes effective July 1, 2000. HONORABLE MAYOR AND CITY COUNCIL June 23,2000 Page-3- Item 8i. Environmental Impact Report for General Plan Amendment/Zone Chanqe P00-0291. These agreements provide for the preparation of an environmental impact report to be paid for by Castle & Cooke for property located on the north side of Stockdale Highway, west of Calloway Drive. The site consists of 41 acres. Castle & Cooke is desiring to change the use from Office Commercial to Retail Commercial. This item also includes the agreement between the consultant preparing the report and the City. Item 8i. Bakersfield Station Lease Agreement with National Railroad Passenqer Corporation (Amtrak) regardinq the lease terms for the new Amtrak Station. This lease agreement provides for the operation of the new Amtrak Station. The term of the lease is 10 years with an option for Amtrak to extend the lease for two additional five-year terms. The City will supply janitorial services to the public areas of the station. The City will also supply all maintenance to the station at its expense. Amtrak will pay for utilities used for their operations of the station. The City will pay for utilities in common areas, which include irrigation systems and parking lot lights. Amtrak will pay rent to the City in the amount of $1 per year. The City also grants to Amtrak exclusive use of 115 parking spaces of the total 230 parking spaces on the project site. The City has applied for a Transportation Development Act Grant to fund the City's expenses in meeting its responsibilities under this agreement. These funds are available each year to agencies that operate and/or maintain mass transportation facilities. Item 8k. Consultant Aqreements with Mclntosh & Associates $125,000, and T. W. Collins Associates, $125,000, to provide construction inspection services for Capital Improvement Program (CIP) proiects. In order to expedite the delivery of CIP projects, staff has implemented an "on call" inspection program since 1996. This provides for additional construction inspection services as needed for CIP projects. These agreements will allow the program to continue and offer construction inspection services for year 2000-01 and 2001-02. Requests for Qualifications were received from four firms. Staff is recommending approval of agreements with Mclntosh & Associates and T. W. Collins Associates. Item 81. Amendment No. 1 to Agreement No. 99-44 with John C~. Hammons Hotels to delete City's responsibility to resurface the Holiday Inn Select parkinq lot and pay the $27,000 set aside to the Holiday Inn Select for their use in improvements to the parkinq lot and landscaping. Agreement 99- 44 established several responsibilities for the City in regard to restoring the Holiday Inn Select parking lot upon completion ofthe "Q" Street Underpass project. One of these responsibilities was to resurface the parking lot to alleviate damage caused by construction activities. Upon inspection of the parking lot to assess the damage, staff discovered the parking lot suffered relative little damage. Therefore, staff is recommending the funds set aside for the repair purposes be utilized by the Holiday Inn Select to restore and upgrade the landscaping in the hotel's parking lot. This agreement provides for these changes. Bids: Item 8m. Bid award for the demolition of the Bakersfield Inn restaurant buildinq located at 1101 Union Avenue to Sessions Construction and Demolition in the amount of $93,000. Staff received seven bids for asbestos removal and demolition of the Bakersfield Inn restaurant building. Staff is recommending award to the Iow bidder, Sessions Construction and Demolition. HONORABLE MAYOR AND CITY COUNCIL June 23,2000 Page-4- Item 8n. Annual contract for HUD and CDBG funded installation or repair of street surfaces within entitlement area to Granite Construction in an amount not to exceed $324,404.44. Staff received one acceptable bid and is recommending award to Granite Construction. Item 8o. Annual contract for concrete construction to Jim Alfter Cement Contractor, not to exceed $1,623,545. Staff received two acceptable bids and is recommending award to Jim Alfter Cement Contractor. Item 8p. Annual contract forianitorial supplies to Waxie Sanitary Supply, not to exceed $40,452.24; San Joaquin Supply, not to exceed $17,488.13; and Unisource Worldwide, not to exceed $7,356.02, Staff received six acceptable bids and is recommending the award be split among Waxie Sanitary Supply, San Joaquin Supply, and Unisource Worldwide. These three contracts total $65,296.39. Item 8q. Bid award for metal building gutter replacement - City Corporation Yard Buildings "C" and "D" to Valley Steel Construction in the amount of $55,004. Staff received two acceptable bids and is recommending award to Valley Steel Construction. Item 8r. Bid award for a 19 ton hydraulic crane (replacement) for the Public Works Department to Central Valley Truck Center in the amount of $143,224.87. Staff received four acceptable bids and is recommending award to Central Valley Truck Center. Miscellaneous: Item 8s. Appropriate $200,000 Fund Balance to the Public Works Operatinq Budqet within the Sewer Enterprise Fund for unanticipated electricity costs. Due to delays during the current fiscal year in the completion of the cogeneration system for Wastewater Treatment Plant No. 2, anticipated savings for electrical costs were not achieved. Therefore, additional funds need to be appropriated to cover this expenditure. Sufficient funds are available within the Sewer Enterprise Fund for this additional appropriation request. item 8t. Investment Policy of the City. A Councilmember has requested consideration be given to increasing the current three-year investment limit to five years as permitted in the Government Code. This change would give staff the option of locking in higher rates when the yield curve is at a higher end of its cycle. Staff is recommending referral of this item to the Budget and Finance Committee. HEARINGS Item 9a. Public Hearing to consider Government Code Section 30061, Citizens Option for Public Safety, reqarding $500,000 Supplemental Law Enforcement Services Fundinq for a Records Manaqement System. This is the required public hearing to determine how the Supplemental Law Enforcement Services Grant shall be spent. The Police Department is recommending that $500,000 be used to upgrade/replace the existing Records Management System. This project is included in the proposed 2000-01 budget. HONORABLE MAYOR AND CiTY COUNCIL June 23,2000 Page-5- Item 9b. Public Hearing on proposed! expenditures of the Office of Criminal Justice Planning, California Law Enforcement Technoloq¥ Equipment Purchase Proqram Grant, and appropriation of $192,200 qrant monies to the Police Department Operatinq Budqet in the General Fund. Staff has been notified of an award of $192,200 for a Califomia Law Enforcement Technology Equipment Purchase Grant from the State. The Police Department desires to use these funds to purchase computer equipment to develop a forensic computer lab for utilization by detectives trained in investigation of computer related crimes, including Internet scams, identity theft, e-mail threats and cyber-stalking, as well as child pornography and exploitation. Item 9e. Resolution adopting fees pursuant to the Cost Recovery System. This is the required public hearing for review of the proposed new or increased fees as part of the Cost Recovery System. The fees have been reviewed .by the Budget and Finance Committee and were on the Council agenda for the meeting of June 14th as a public meeting for the purpose of the Council receiving public input regarding the proposed fees as required by State law. Duri~g the Council meeting, Councilmember Carson referred the issue of Recreation and Parks Aquatics Program fees for youth and the use of City-owned facilities by nonprofit organizations to the Community Services Committee. The Council directed staff to schedule the required public hearing on June 28th for the purpose of receiving additional input and Council may then consider the adoption of the fees by resolution. Staff is recommending the proposed changes to the Master Fee Schedule be adopted as presented. Should the Council later desire to lower any fee upon completion of the Community Services Committee review, that can be accomplished at that time by resolution. However, if it is the Council's desire to create a new category for a new fee, State law requires new fees as well as increases in existing fees and charges be adopted by ordinance or resolution following a public headng, and the entire process would have to start again. Recreation/Cultural fees are proposed to increase August 14, 2000. Development Services fees require a 60-day waiting period and shall become effective on September 1, 2000. All other fees are proposed to increase or decrease beginning July 1, 2000. Item 9f. Resolution approving the issuance of equipment only purchase proqram notes, not to exceed $1.6 million, by the California Statewide Communities Development Authority. This hearing is required by the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989. Guy Chaddock and Company is working with the California Statewide Communities Development Authority to obtain financial assistance through the issuance of tax-exempt Industrial Development Bonds to finance the purchase of manufacturing equipment to be housed in their expanded facility. This expansion will create approximately 98 new jobs over a five-year period. No City funds will be pledged for the repayment of the bonds. REPORTS Item 10a. Acceptance of Bakersfield Redevelopment Agency Report reqardin¢l Responses to Requests for Statements of Interest; concurrence with execution of an Exclusive Riqht to Negotiate Aqreement with Ray P. Olmscheid Development Company. In early April, the Bakersfield Redevelopment Agency sent requests for Statements of Interests to a defined area of property owners in the Southeast Bakersfield Redevelopment Project Area. An Ad Hoc Committee of the Agency reviewed all of the responses that had been received and recommended the Agency review the four firms that appeared before the Ad Hoc Committee. The Redevelopment Agency reviewed HONORABLE MAYOR AND CITY COUNCIL June 23,2000 Page-6- presentations by the four firms at its June 21~t meeting. At that meeting the Agency members unanimously approved the execution of an Exclusive Right to Negotiate Agreement with Ray P. OImscheid Development Company and directed staff to work on a Disposition and Development Agreement. Such an agreement cannot be executed prior to certification of an environmental document regarding whichever project the Agency and Council choose to pursue, if any. Since the environmental process is time consuming, staff is recommending beginning the recruitment process as soon as possible. The action to hire such a consultant will require separate action by the City CounciI. The Exclusive Right to Negotiate will be for a period of 180 days. During that time period, the Disposition and Development Agreement will be prepared. It will specify all details of the proposed project, inoluding project elements, participation by the City and Agency, time frames, etc. The agreement will have to be approved by both the Redevelopment Agency and the City Council. Council concurrence with the execution of the Exclusive Right to Negotiate is a necessary action in order to proceed. DEFERRED BUSINESS Item 11a. Ordinance addinq, amendinq and rescindinq vadous sections ofthe Bakersfield Municipal Code pertaininq to families, daycare homes, and residential facilities in residential zones; accessory buildinqs; wall and landscapinq separations; churches in the C-O zone; siqns for nonprofit orqanizations; and other qeneral ordinance cleanup items. This ordinance was given first reading at the Council meeting of June 14, 2000. Staff has received no additional comments and recommends adoption of the ordinance. Item 1 lb. Ordinance addinq Chapter 2.62 to the Bakersfield Municipal Code relatinq to the creation of a Keep Bakersfield Beautiful Committee. This ordinance was given first reading at the Council meeting of June 14, 2000. Staff has received no additional comments and recommends adoption of the ordinance. Item 11c. Fiscal Year 2000-01 Budget. Staff has prepared budget adjustments that reflect additions, changes and deletions to the budget suggested by individual Councilmembers as well as the City Council during the department budget presentations. These amendments are new included in the Proposed Fiscal Year 2000-01 Budget as amended. The proposed budget amendments include: a contribution for public ice skating at Centennial Garden; an increase to the Mayor's Operating Budget for the Mayor-Elect to attend the Sister City Program and an Elected Officials Conference; additional funding for three street sweepers and operators; a change in funding for a new traffic signal at Verdugo/Hageman; a change to a signal project from Wilson and South K to Fairview at Monitor; a proposed new capital project for street improvement/expansion of Ming Avenue; and an increase in the refuse operating budget for Kern County's share of cost for Green and Wood Waste Diversion Program expansion. In addition to the changes being recommended, staff has just received positive updated sales tax information which reflects an increase in estimated sales tax revenues of approximately $450,000. These General Fund revenues are available for FY 2000-01 and the City Council may appropriate these funds for any purpose. Possible areas of expenditure previously mentioned by the Council include additional funding for median island improvements or street and road ~'epairs. HONORABLE MAYOR AND CITY COUNCIL June 23, 2000 Page-7- The Council can choose to appropriate these funds with the adoption of the budget on June 28th or can wait and appropriate them at a later date. The State budget has yet to be adopted and additional funds for local government remain uncertain. it is likely we will not know for 60 to 90 days after the City budget is adopted if any additional State funds will be forthcoming. Pending the completion of the annual audit, some additional funds could also become available depending on the amount of funds which remain unexpended from the current fiscal year over what has been estimated by staff. As explained in a previous memo on one- time revenues, it is likely there will be further budget adjustments mid-year depending on the outcome of State budget deliberations and when we have a more complete picture of actual revenues and expenditures for the current fiscal year. NEW BUSINESS Item 12a. Ordinance authodzinq the City Council to sit as the Board of Directors of the Kern River Levee District, approve the annual budget and authorize the Water Board to review the operations of the District and provide direction to staff within budqetary quidelines. The Kern River Levee District Board of Trustees, Local Agency Formation Commission, and the Kern County Board of Supervisors have approved the annexation of the Levee District to the City of Bakersfield as a subsidiary district. This ordinance authorizes the City Council to sit as the Board of Directors of the Levee District to approve budgets and provide policy direction to staff. It also authorizes the City Water Board to review the operations of the Distdct and direct staff within the City Council budgetary guidelines. The Manager of the City Weter Resources Department will make the daily operational decisions and will report to the Water Board for authorization and direction on matters of concern. The Council will review and approve the budget and set policies for the Levee District. Item 12b. Ordinance chanqinq the zoninq from Limited Multiple-Family Dwelling zone to a One Family Dwellinq - Church zone on .98 acres, located on the southwest corner of C~uailwood Drive, north of El Rio Ddve. The church has requested a zone change to facilitate site development of a parking lot in support of a proposed 30,000 sq. ft. classroom/gymnasium building on adjacent church property. No public opposition to the project has been received. Staff recommends first reading. Item 12c. Amendment No. 2 to Aqreement No. 85-142 with the City of Los Anqeles extendinq the time period and Iowerinq the cost of spreading effluent from Wastewater Plant No. 3. For many years the treated wastewater effluent from Treatment Plant No. 3 has been delivered to a farm southwest of Bakersfield. Under a contract that originated with Tenneco West and was later transferred to VCI and later, by Court action (which the City opposed), to the City of Los Angeles, the effluent is spread for farming of non-edible crops. This amendment makes the following substantive changes to the contract now in place: 1) It extends the term of the agreement. Currently the agreement runs to 2006, at which time we could extend it another 20 years, at a price to be negotiated. This provides an early 20 year extension with an added option to extend 20 more years beyond that. 2) Currently the City pays approximately $300,000 per year to the contractor to take effluent. This agreement provides that beginning in 2003, the fee becomes zero (0). This saves $900,000 on the current contract and assures that for 20 years thereafter and 20 years beyond if we extend the contract, the fee will be zero (0). Compared to what we have been paying, HONORABLE MAYOR AND CITY COUNCIL June 23, 2000 Page -8- the value of that is estimated to be $13 million. This contract amendment has a huge value to our rate payers and avoids rate increase between 13% to 21%. The City entered into a contract to purchase this farm for $8.5 million when VCI was the owner. The intention was to have certainty as to having a place to spread our effluent for the long term. A sedes of court actions have followed. Ironically, we now have the goal of the purchase arrangement with not only zero cost, but a savings of $900,000 in effluent disposal fees that are contained in the current contract. This action settles two outstanding lawsuits and saves our rate payers many millions of dollars in comparison to other alternatives over time. It does nothing to facilitate or allow biosolids importation and, in fact, restates our historic opposition. Finally, the use of the effluent for farming operations is environmentally superior to the alternative, which is pumping groundwater. Item 12d. Resolution supportinq Assembly Bill 2495 (Ashburn) conceminq local requlations of biosolid imports. This resolution formalizes previously expressed City support of Assemblymember Ashburn's bill concerning local regulation of biosolids and will be sent to the League of California Cities and sponsors of the bill. Assemblymember Ashburn recently has requested that the legislation be put on hold so additional study can take place to address various legal issues raised by the bill. Item 12e. Request by Time Wamer Cable for a 36-month waiver of franchise fees related to Road Runner Internet service. Councilmembers Maggard and Couch asked that this request be considered by the full Council. City staff has reviewed the request made by Time Warner Cable and recommends no change in Time WarneCs franchise fees. The three major reasons for denying the request are: 1) the City Charter does not provide for such a waiver; 2) the speed of transmission actually provides service advantages to users of Time WarneCs Road Runner Internet Service over other Internet service providers; and 3) granting the requested fee waiver would set a precedent for unilateral fee reductions that are likely to spill over into other operational areas. Cox Cable plans to unveil a similar service in the near future and will most likely ask for a similar fee waiver. Futhermore, the rationale to request fee waivers to remain more competitive could be made by any business, and could affect many different revenue sources. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Workshop ITEM: 2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager June 21, 2000 Update of the Proposed FY 2000-2001 Budget DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED RECOMMENDATION: BACKGROUND: The City Manager's Office will provide an overview of amendments to the proposed FY 2000-2001 budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency, reflecting council member comments including those made at the budget workshops. Budget detail relating to these amendments are described in the administrative report and backup materia~ contained in this agenda packet for consideration and adoption of the ann ual Operating, Capital Improvement and Redevelopment Agency budgets for FY 2000- 2001 as amended. S:\Council\MISC\BudgetWorkshopAd min.wpd June 21, 2000, 10:58AM ADMINISTRATIVE REPORT MEETING DATE: June 25, 2000 AGENDA SECTION: Closed Session ITEM: 3.a TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bari J. Thiltgen, City Attorney June 16, 2000 APPROVED DEPARTMENTHEAD ~'~/~.~ CITY ATTORNEY .~_~ CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 Torrance Kendricks v. City of Bakersfield, et aL; United States District Court, Eastern District, Case No. CV-F-99-6761 SMS RECOMMENDATION: BACKGROUND: BJT:laa JU28CA1.CS June 16, 2000, 9:01am ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Closed Session ITEM: ~;. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 21, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. U.S. Fire Insurance Company, et aL; Los Angeles Superior Court Case No. BC171941 RECOMMENDATION: BACKGROUND: BJT:laa JU28CA2.CS June 21,2000, 2:15pm ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Presentations ITEM: 5. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob Price June 21, 2000 DEPARTMENT HE~//~ '~'" CITY ATTORNEY CITY MANAGER _(~, ,' ,' ,' ,'~ Presentation by Mayor Price of Proclamation to Audrey Chavez, Director, of Bakersfield AIDS Project, proclaiming June 21-28, 2000, as "AIDS Compassion and Testing Week." RECOMMENDATION: BACKGROUND: June 21, 2000, 8:26am ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Appointments ITEM: 7.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Ptanning June 20, 2000 One appointment to the Board of Zoning Adjustment. APPRO,VED DEPARTMENT H CITY ATT ORN E~"/~ c TY M^.^ ER RECOMMENDATION: Staff recommends appointment of Alan Christensen. BACKGROUND: There is a vacancy on the Board of Zoning Adjustment due to the resignation of Jake Wager. The Board of Zoning Adjustment is comprised of representatives from Building, Public Works and Economic DevelopmentJCommunity Development. Alan Christensen has been appointed interim director of ED/CD. The appointment would be to complete the vacant term of office which expires on December 1, 2000. This is a Council appointment and is not ward specific. The Board of Zoning Adjustment hears applications for modifications of zoning standards and conditional use permits. It's decisions are appealable to the City Council. The board meets on the second Tuesday of each month at 3 p.m. in the Council Chambers of City Hall. (JH:pjt) (admin~jun\6-28-bza) June 20, 2000, 10:29AM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk June 21, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY N/A CITY MANAGER Minutes of the regular Council meeting of June 14, 2000. RECOMMENDATION: BACKGROUND: bz S:\Council\ad mins~ADMINS\J UN2800.wpd June 21, 2000, 1:31pm ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 16, 2000 APPROVED DEPARTMENT HEAD ..~' CiTY ATTORNEY ~-~c-''---- CITY MANAGER ~ Approval of department payments from June 3, 2000 to June 16, 2000 in the amount of $7,086,310.59 and self insurance payments from June 3, 2000 to June 16 2000 in the amount of $96,464.90. RECOMMENDATION: Staff recommends approval of payments totaling $7,182,775.49. BACKGROUND: s:~acctpay~adminf~l .wpd nks ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.c, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 20, 2000 DEPARTMENT HEAD A~/~t~VED CITY ATTORNEY ~ CITY MANAGER _~..~ Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue: (Ward 4) Resolution No. 1218 declaring the City's intention to order the vacation of the 20 foot wide sewer lift station access easement at the northeast corner of Ming Avenue and Grand Lakes Avenue (in Lot 6, Tract No. 5877-D); Improvement Agreement for Vacation of Access Easement with applicant Khalid Abureyaleh for same property. RECOMMENDATION: Staff recommends adoption of Resolution and related Improvement Agreement. BACKGROUND: The City of Bakersfield sewer lift station at the northeast corner of Grand Lakes Avenue and Ming Avenue is accessed by a 20' wide easement at the south end of Cromerton Place. The lift station site and the sides of the access easement are closed in with a concrete block wall with a gate at Cromerton Place. Cromerton Place has been converted from a public street to a private street by filing of Tract No. 5788, Phase D in February of 1999. Khalid Abureyaleh, owner of Lot 6 (Tr. 5877-D), has requested the vacating of the 20' access easement from Cromerton Place which extends through Lot 6. This entrance would be replaced with an entrance on Grand Lakes Avenue which will provide direct access and eliminate passing through a private gated community to gain entrance to the lift station. The City Sewer Maintenance Division has therefor determined that access to the lift station from Grand Lakes Avenue is more desirable. The applicant will be responsible for the removal of access from Cromerton Place and the construction of a new gate and drive access on Grand Lakes Avenue, and plans to begin construction as soon as the vacation is completed. Any final Council Resolution ordering this vacation shall not record or become complete until a Notice of Completion is recorded for said gate construction and access removal per attached Improvement Agreement. The west side of the City-owned lift station property extends to the east right-of-way line of Grand Lakes Avenue. The 1.5' landscape strip along the west side is City owned and will not prevent the installation of a new entrance gate. ADMINISTRATIVE REPORT Page 2 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. The utility companies serving the area have been notified by mail and the City shall reserve a utility easement for any existing facilities located in the vacating area. All property owners within a 300' radius of the proposed vacating area have been mailed preliminary notice and any comments or objections will be received by Public Works. The proposed closure was heard by the Planning Commission at its meeting of June 1,2000, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date of July 19, 2000, for Public hearing on the proposed vacation. ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 22, 2000 A~//~_~OVED DEPARTMENT HEAD , CITY ATTORNEY ~ CITY MANAGER {~-?.~ Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreements (4) with property owners to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and Agreements. BACKGROUND: During the past several months several property owners have connected their properties to the City sewer system. Each has claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with each property owner to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. June 21, 2000, 4:42PM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk June 16, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER~ Resolution calling and giving notice of holding a General Municipal Election for election of Councilmembers for Wards 2, 5 & 6 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 7, 2000. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution calls for the General Municipal Election and requests consolidation with Kern County be approved by the Board of Supervisors, in accordance with State election laws and City Charter §67. The election, to be held on November 7, 2000, is for the following Councilmember seats: Ward 2 - Patricia DeMond Ward 5 - Randy Rowles Ward 6 - Jacquie Sullivan JUNI098.CC2 June 19, 2000, 2:53PM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar TEM: 8. -F. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director June 14, 2000 APPROVED DEPARTMENT HEAD '~'~~. CITYATTORNEY CITY MANAGER ~ Agreement for Acquisition and Development of Joshua McMorris Memorial Park. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: Joshua McMorris was a young boy who lived in Bakersfield and was hnown to play in a vacant lot on Homaker Place, nearby his home. Joshua was the victim of a violent crime and his body was found in the center of the vacant lot several years ago. In response to his death, the citizens of Bakersfield, as well as a coalition of community service organizations and businesses, have come together and raised money for a Joshua McMorns Memorial Park ("Memorial Park"). A-C Electric Company, owner of the land where Joshua's body was found, has agreed to donate their property for the Memorial Park, and the Rotary Club of Bakersfield East is committed to constructing the Memorial Park for the adjacent residents and benefit of the community with donations of labor and materials from the community. In addition, Rotary Club of Bakersfield East has raised Forty Thousand Doltars ($40,000) to help defray future maintenance costs of such Memorial Park. The attached Agreement addresses the acquisition of the Memorial Park, specific plans for its construction and its dedication to CITY. Pursuant to the terms of the Agreement, the City will accept and maintain Memorial Park after dedication of the land and completion of certain park improvements. Staff recommends approva~ of the Agreement. VG:alj c:\WINDOWS\TEMP~OSHUAPA.WPD June 14, 2000 JN28CA~CC ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 16, 2000 APPROVED DEPARTMENT HEAD C TYATTOR.EY CITY MANAGER ~(~ Agreement with Kern County Waste Management Department to pay commercial refuse bin fees by the ton. RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Under Kern County Ordinance #G5940, the Kern County Waste Management Department charges fees for disposal at County landfills. Disposal fees for commercial bin refuse may be paid at the rate of either $2 per cubic yard, or at a rate of $29 per ton. The two rates were equivalent to each other originally as countywide averages. Historically, the $2 per cubic yard fee has been used in Bakersfield. However, weight/volume studies of Bakersfield's refuse indicate potential savings at the $29 per ton rate. This is because Bakersfield's commercial refuse weighs in at less than the countywide average. Savings of approximately $500,000 to $600,000 are estimated citywide, for bins serviced by both the City and its contract hauler. A similar situation occurred in the City of Taft, prompting that city to switch to the $29 per ton rate for all commercial refuse. Significant savings resulted. In both Taft and Bakersfield, this action is limited to commercial refuse because refuse from multi-unit dwellings, although collected in similar bins, is subject to the County's fiat-rate land-use fees instead of weight or volume fees. In order to switch to the per-ton rate, it is necessary to collect commercial bin routes separately from multi-unit refuse. Complete separation of routes was done in the City of Taft, to obtain the actual weight of commercial refuse. Pilot rerouting has been done in Bakersfield. Upon approval of this agreement, the City's hauling operation will begin phasing in separation of routes and payment of commercial bin fees at the $29 per ton rate. ADMINISTRATIVE REPORT tMEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 22, 2000 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ~r~ CITY MANAGER Agreement with the County of Kern for Shared Cost of Operating Green and Wood Waste Diversion Program. RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Agreement No. 93-24, approved on January 20, 1993, specified that the City of Bakersfield and the County of Kern would share in the cost of recycling plant and woody materials, in accordance with AB 939. Last year's Agreement No. 99-136 continued this diversion program for FY 99-00. This proposed Agreement would renew the County as a co-sponsor of the Mt. Vernon Recycling Center for a three year period beginning with FY 00-01. The new agreement covers an expansion of the program to process material from the County's new curbside greenwaste collection program. The County's share of costs is based upon a pro rata sharo of County tonnage processed at the facility. City and County tonnages are determined by quarterly statistical surveys of public loads, and monthly tracking of packer truck loads. Exhibit "A" of the attached Agreement provides a formula by which packer truck tonnage from the metropolitan area is divided between the City and County for cost-sharing purposes. Exhibit "B" of the attached Agreement delineates estimated operating expenditures for FY 2000-01. The percent participation by County residents is multiplied by the lesser of actual expenditures, or the budgeted amount shown in Exhibit "B", to determine the County shared contribution. Expansion to handle the increased volume of material requires the addition of three full time employees. Funding for these positions, Heavy Equipment Operator, Service Maintenance Worker, and Laborer, is included in the budget shown in Exhibit "B". The County will contribute up to $1 million per year in operating expenses, in addition to $486,400 for up-front purchase of equipment for program expansion. The 2000/01 proposed operating budget for the Solid Waste Division needs to be revised to include expenditure and revenue estimates associated with the program expansion. Specific changes to the Woodwaste budget are summarized below: dns June 22, 2000, 10:01AM G:\GROUPDAT~ADMINRPT~2000~Iune 28~Agrnt w Kern Co.wpd ADMINISTRATIVE REPORT Page 2 WOODWASTE FACILITY BUDGET Current Proposed 2000-01 Budget Salaries & Benefits $1,078,662 Operating Expenses $1,458,359 Capital Improvement Budget $ 37,000 Transfers Out to Equipment Management Fund to Purchase Equipment Increase Revised Due to County's 2000-01 Program Budget $105,753 $1,184,415 $319,370 $1,777,729 $ -0 - $ 37,000 $2,574,021 $425,123 $2,999,144 $ - 0- $486,400 $ 486.400 $2,574,021 $9t1~523 $3,485,544 These adjustments are being included as part of the amendments to the proposed 2000/0I budget which are included on this agenda for council consideration and approval. The attached Agreement would become effective July 1, 2000. The Kern County Board of Supervisors will consider the attached Agreement at their regular meeting of June 27, 2000. dns June 22, 2000, 11:13AM G:\GROUPDAT~ADMINRPT~2000~June 28~Agmt w Kern Co.wpd ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: A. Honorable Mayor and City Council Development Services - Planning June 1, 2000 APPROVED DEPARTMENT HE~ CITY ATT O R N('~'~--' CITY MANAGER/ Agreements for preparation of an Environmental Impact Report for-General Plan Amendment/Zone Change P00-0291. (Ward 4) Agreement between Castle & Cooke Commercial-CA, Inc., a California Corporation and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $76,886.00 developer's contribution to the Development Services Operating Budget in the general fund. Agreement between Michael Brandman Associates and the City of Bakersfield for $57,666.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change P00-0291 generally located along the north side of Stockdale Highway, west of Calloway Drive. RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: The proposal is located on the north side of Stookdale Highway, west of Calloway Drive. Subject site consists of approximately 41 acres and is owned by Castle & Cooke. The owners propose commercial uses. In order to process the land use proposal, it is necessary to prepare an Environmental Impact Report. Applicant-City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and Castle & Cooke Commercial-CA, Inc. regarding the preparation of an Environmental Impact Report for General Plan Amendment/Zone Change P00-0291. June 14, 2000, 8:56AM ADMINISTRATIVE REPORT Page 2 This agreement acknowledges that Castle & Cooke Commercial-CA, Inc. will pay all costs associated with the preparation and completion of the EIR. The total EIR cost is $76,886.00 consisting of $57,666.00 for consultant services and $19,220.00 to reimburse the City for its costs. Consultant-City Agreement: This agreement sets forth the scope of services for the preparation of an Environment Impact Report for General Plan Amendment/Zone Change P00-0291. Project Description: Castle & Cooke Commercial-CA, Inc. a California Corporation has submitted an application for 1) a general plan amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, 2) a change to the Kern River Plan Element and 3) a concurrent Zone Change on approximately 41 acres generally located along the north side of Stockdale Highway west of Calloway Drive to approximately 2,950 feet. The proposal has the potential for significant individual and cumulative impacts. The project has potentially significant cumulative environmental impacts and the preparation of an Environmental Impact Report is necessary to process this application. (MO) (admin\jun\6-28-0291) June 14, 2000, 8:56AM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 20, 2000 DEPARTMENT HEAD AP ROVED CITY ATTORNEY MA.AGER Approval of the Bakersfield Station Lease Agreement between the City of Bakersfield and National Railroad Passenger Corporation (Amtrak) regarding the lease terms for the new Amtrak Station. (Ward 2) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: Over the past several months, City staff has been negotiating with Amtrak concerning lease terms for the new Amtrak Station. The attached lease represents the culmination of these negotiation efforts. The following are the main points of that lease agreement: · The length of the lease is ten years and Amtrak has the option of extending the lease for two additional five year terms. · The City will supply the janitorial services in the public areas of the station. Amtrak will provide janitorial services in the employee areas of the station. · The City will supply all maintenance to the station at its expense. · The City grants to Amtrak the exclusive use of 115 parking spaces of the total 230 parking spaces on the project site. · Amtrak agrees to pay for utilities used for their operations at the station which includes the station building, the lights on the platforms and the power for overnight trains. The City pays for utilities in common areas which includes the irrigation system and the parking lot lights. · Amtrak has the right to sublet and keep all proceeds from any subleases within the interior of the station. · Amtrak will pay rent to the City in the amount of One Dollar ($1.00) per year. The City has applied for a Transportation Development Act grant to fund the City's expenses in meeting its responsibilities under this agreement. These funds are available each year to agencies that operate and/or maintain mass transportation facilities. ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 13, 2000 CITYATTORNE. Y ~ CITY MANAGE~ SUBJECT: Consultant Agreements with Mclntosh & Associates ($125,000), and T. W. Collins Associates ($125,000) to provide construction inspection services for Capital Improvement Program projects. (All Wards) RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: To expedite delivery of the Capital Improvement Program (ClP), staff implemented an "on call" inspection program in 1996. This program augments current Construction Division staff by providing contract construction inspection services as needed for various City CIP projects. The program has proven to be very effective in maintaining adequate staffing to provide timely inspection of the City's construction projects. These agreements will allow this program to continue and are for construction inspection services for fiscal years 2000-01 and 2001-02. In May 2000 staff sent a Request for Qualifications and Proposal to 27 local engineering firms. On May 17, the fbllowing four (4) firms submitted responses: Kennedy/Jenks Consultants; Mclntosh & Associates; T W Collins Associates and Warren A Minner & Associates. After 'reviewing the submitted Statements of Qualifications and Proposals, and based primarily on qualification scores of each potential inspector and secondarily on their corresponding hourly rates, staff recommends approval of agreements with the following two (2) firms as being the most favorable to the City. Each firm has proposed to provide one inspector: Martin-Mclntosh; and T W Collins Associates Since specific project assignments have not yet been determined, the potential compensation amount for each inspector is set at a not-to-exceed aggregate total of $125,000.00. Inspectors will be assigned to City projects based on their experience and expertise. Funding for these agreements will be paid for through the individual project budgets, so no appropriations are necessary. ADMINISTRATIVE REPORT IMEETING DATE: June 28, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. !. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 20, 2000 DEPARTMENT HEAD APP~:~OVED CITY ATTORNEY ~-3-~ CITY MANAGER Amendment Number 1 to Agreement 99-44 between City of Bakersfield and John Q. Hammons Hotels Two L.P. to delete City's responsibility to resurface the Holiday Inn Select parking lot and pay the $27,000 set aside for resurfacing the parking lot to the Holiday Inn Select for their use in improvements to the parking lot and landscaping. (Ward 2) RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Agreement 99-44 established several responsibilities for the City in regards to restoring the Holiday Inn Select parking lot upon completion of the Q Street Underpass project. One of those responsibilities was to resurface the parking lot to alleviate damage caused by activities during construction ofthe project. The agreement with Griffith Company for the construction ofthe Q Street Underpass project includes a pay item for resurfacing this parking lot. During a recent inspection of the parking lot to assess the damage, staff discovered that the parking lot suffered relatively little damage. Staffthen contacted the Holiday Inn Select manager to recommend deletion of the resurfacing activity in exchange for cash payment to Holiday Inn Select in the amount of what the City would have paid Griffith Company for the resurfacing. Staff also recommended that the Holiday Inn Select use those funds to upgrade the landscaping in the hotel's parking lot. The manager of the Holiday Inn Select concurred with that recommendation. The attached amendment removes the requirement to resurface the parking lot and adds a provision to make the payment to the Holiday Inn Select. ADR Jun 20, 2000 Public Works, Engineering Design G:\GROUPDAT~ADMINRPT~2000~June 28~ADMIN REPORT 06 15 00.wpd ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager DEPARTMENT HEAD Economic and Community Development Department June 13, 2000 CITY ATTORNEY CITY MANAGER APPROVED Accept bid to award contract to Sessions Construction and Demolition in the amount of $93,000 for the demolition of the Bakersfield Inn restaurant building located at 1101 Union Avenue. Ward 1 RECOMMENDATION: Staff recommends approval. BACKGROUND: On April 14, 2000 the City's Code Enforcement section of the Building Department issued a 7-day notice to abate the Bakersfield Inn restaurant building located at 1101 Union Avenue. The 12,800 square foot restaurant building was built in the 1970's and has been vacant for 17 years. Over the years the building has been vandalized and has deteriorated into an unsafe condition. The demolition of the Bakersfield Inn restaurant building will not only remove blighting influence in the area but it would also further demonstrate the City Council goal of cleaning up Union Avenue. The bid opening for the demolition and asbestos removal of the Bakersfield Inn restaurant building was June 6, 2000. Seven bids were submitted ranging from $93,000 to $205,000. The lowest bid was submitted by Sessions Construction and Demolition. Community Development Block Grant funds have been budgeted for clearance and demolition activities for Union Avenue. The contractor is not on the HUD debarred list and they have completed other City projects. Staff will work with the City Attorney's office and Sessions to complete the necessary contract documents so that the demolition process can begin soon after the award of the bid. DIk: June 20, 2000, 9:38AM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 16, 2000 APPROVED DEPARTMENTHEAD CITY MANAGER SUBJECT: Award annual contract to Granite Construction, not to exceed $324,404.44, for HUD and CDBG funded installation or repair of street surfaces within entitlement areas. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides type B asphalt and class 2 aggregate base as needed for repair of City streets within HUD and CDBG entitlement areas. The asphalt product is picked up from the supplier and transported to various work sites by City forces. Invitations to bid were sent to five (5) vendors. One (1) bid was received, from Granite Construction, the current contract holder that supplies street material products for use in all other areas of the City. Granite Construction 18850 James Road Bakersfield, CA 93308 (County) in the amount of $324,404.44 p:~ADMIN~2000ADMIN\C000628D.wpd GJK:DW:Ijm June 16, 2000, 8:39am ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8.o. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 14, 2000 APPROVED DEPARTMENT HEAD //~.~ CITY ATTORNE~f~ TM CITY MANAGER ~ SUBJECT: Award annual contract to Jim Alfter Cement Contractor, not to exceed $1,623,545.00, for concrete construction. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used for concrete repairs and small installations as needed by various City departments. This includes curbs, gutters, sidewalks, wheelchair ramps, etc. Two (2) bids were received June 7, 2000, as follows: Jim Alfter Cement Contractor 2000 Dracena Street Bakersfield, CA 93304 (City) in the amount of $1,623,545.00 Energy Tek, Incorporated 520 Butte Street Bakersfield, CA 93305 (City) in the amount of $1,851,741.00 p:~ADMIN~000ADMIN\C000628C.wpd GJK:DW:Ijm June 14, 2000, 8:19am ADMINISTRATIVE REPORT IMEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.p. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 5, 2000 APPROVED DEPARTMENT HEAD ~'~ CITY MANAGER ~-~ SUBJECT: Award annual contracts to Waxie Sanitary Supply, not to exceed $40,452.24, San Joaquin Supply, not to exceed $17,488.13, and Unisource Worldwide, not to exceed $7,356.02, for janitorial supplies. Total $65,296.39 RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: The General Services division of Public Works provides janitorial service for City offices. Invitations to bid were sent to eleven (11) vendors. Six (6) bids were received. Staff recommends the award be split, as follows: Waxie Sanitary Supply 1707 Riverview Drive San Bernardino, CA 92408 44 items in the amount of $40,452.24 San Joaquin Supply Company 930 - 18t' Street Bakersfield, CA 93303 31 items (City) in the amount of $17,488.13 Unisource Worldwide 17011 Beach Boulevard Huntington Beach, CA 92647 29 items in the amount of $7,356.02 P:~ADMIN~000ADMIN\C000628A.wpd GJK:DW:Ijm June 5, 2000, 12:53pm ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar TEM: 8. q. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 20, 2000 CITY ATTORNEY MANAGER SUBJECT: Accept bid to award contract to Valley Steel Construction, $55,004.00, for metal building gutter replacement - City Corporation Yard Buildings "C" and "D." (Ward 5) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The approved Capital Improvement Program budget for Fiscal Year 1999-2000 includes roof repairs - City Buildings in the amount of $50,000. The existing metal gutters on Buildings "C" and "D" at the City Corporation Yard are deteriorated. Currently, water leaks into the buildings, resulting in the need for replacement. Two acceptable bids were received on June 13, 2000 as follows: Valley Steel Construction 3304 Buck Owens Blvd. Bakersfield, California 93308 (City) in the amount of $55,004.00 Four CCCC's Service 1560 "H" Street Fresno, California 93721 in the amount of $59,412.00 Sufficient funds are available to award this contract because of project savings realized on completed projects within the Capital Outlay Fund. ADMINISTRATIVE REPORT IMEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD ~ DATE: June 12, 2000 CITY ATTORI~Y ~ CITY MANAGER ~ SUBJECT: Accept bid from Central Valley Truck Center $143,224.87 for a nineteen (19) ton hydraulic crane (replacement) for the Public Works Department. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bid notices were sent to eighteen (18) prospective vendors. Four (4) acceptable bids were received as follows: Central Valley Truck Center 2707 South East Avenue Fresno, CA 93725 in the amount of $143,224.87 Golden State Peterbilt 1450 South Union Avenue Bakersfield, CA 93307 (City) in the amount of $150,597.24 Mobile Equipment Company 3610 Gilmore Avenue Bakersfield, CA 93308 Model 300 (County) in the amount of $177,388.28 Mobile Equipment Company 3610 Gilmore Avenue Bakersfield, CA 93308 Model 330 (County) in the amount of $178,710.68 P:~ADMIN~2000ADMIN\C000628B.wpd GJK:DW:Ijm June 20, 2000, 9:47am ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar" TEM: 8,5, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 20, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $200,000 fund balance to the Public Works Operating budget within the Sewer Enterprise Fund for unanticipated electricity costs. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: During preparation of the FY 99/00 budget, Division staff was informed by the Wastewater Plant 2 Upgrade/Expansion Project Contractor the cogeneration system upgrade would be completed and operational during June 1999. The cogeneration system would generate significant cost savings in the electricity account. As a result, the budget request for electricity was reduced to $350,000 from the $650,000 budgeted in the 1998/99 budget year. As the project proceeded through FY 99~00, the start up of the cogeneration system was repeatedly delayed due to incomplete electrical panel upgrades and the digesters not coming on line when anticipated. Both of these items prevented the use of the cogeneration system to produce electricity. Due to the outcome of this matter, the electricity account for Plant 2 is anticipated to be over expended by $269,000. Considering some savings from other accounts that can be used to reduce this projected overrun, an appropriation of $200,000 will be needed to cover this over expenditure. Sufficient funds are available within the Sewer Enterprise Fund for this $200,000 appropriation request. ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.t;. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 16, 2000 Investment Policy of the City APPROVED DEPARTMENTHEAD/~/~ RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: California Government Code Section 53601 limits investment term to five years. Current City Investment Policy (copy attached) is more restrictive than the Code and limits investment term to three years. A Councilmember requested consideration be given to increasing the current three year investment limit to five years as permitted in the Government Code. The current three year limits in the attached policy are bracketed. The requested change to five years is shown in bold type. This change would give staff the option of locking in higher rates when the yield curve is at the higher end of its cycle. It is noteworthy that as rates increased during 1999, the difference in yield between three and five year maturities was not significant. As the attachment titled "Yield Curve - U.S. Treasury Actives" indicates, the current yield curve peaks at the two year term. When shorter maturities yield more than longer term, the condition is called an "inverted yield curve." This condition has existed since January 2000. Normally the yield curve slopes up to the right reflecting higher yields on longer maturities. ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Hearing Calendar ITEM: 9, ~,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police May 31, 2000 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~ Public Hearing to consider Government Code section 30061 (Citizens Option for Public Safety) regarding $500,000 Supplemental Law Enforcement Services Funding (SLESF) For a Records Management System. RECOMMENDATION: Staff recommends approval. BACKGROUND: As a result of expected continued supplemental law enforcement services funding, the City of Bakersfield is once again due to receive approximately $500,000 in funding. Before receiving the monies, the City must conduct a public hearing to determine how the funds shall be spent. As before, the State of California has placed restrictions on the use of the money, in that, it is to be used to supplement and not supplant the existing budget. In preparing the budget for 2000/01, the Police Department included $500,000 as anticipated revenue to upgrade/replace the existing Records Management System. The existing system is seven years old and outdated. As such, the recommendation of the Chief of Police is to expend the grant monies on a new Records Management System. S:\COU NClL~Admins\PoliceGrant.wpd VG:alj June 20, 2000, 10:01am JN28PD.HRG ADMINISTRATIVE REPORT MEETING DATE: June2 $ ~ 2000 AGENDA ,SECTION: Hearing TEM: 9. D. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police May 18, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Public hearing on proposed expenditures of the Office of Criminal Justice Planning (OCJP), California Law Enforcement Technology Equipment Purchase (CLETEP) Program Grant, and appropriate $192,200 grant monies to the Police Department operating budget in the general fund. RECOMMENDATION: Staff recommends Council conduct public hearing on expenditure of CLETEP Program Grant funds and approve appropriations therefor. BACKGROUND: On April 11, 2000, the Bakersfield Police Department was notified of an award of $192,200 California Law Enforcement Technology Equipment Purchase (CLETEP) Program from the Office of Criminal Justice Planning (OCJP). Its purpose is to provide local law enforcement with funds to enhance technology to address problems relating to crime suppression and crime prevention. The police department desires these funds to purchase computer equipment (hardware and software) to develop a forensic computer lab for utilization by detectives trained in the investigation of computer related crimes including Internet scams, identity theft, e-mail threats and cyber-stalking, as well as child pornography and exploitation. The appropriations are necessary to pay for the computer equipment in the 1999/2000 fiscal year. The total program cost as submitted on the grant application is $192,200. The Office of Criminal Justice Planning (OCJP) provides 100% of the cost. The grant requires the funds be expended by October 31, 2000. vrf May 18, 2000, 2:24PM p:\Rpt~Admin CLETEP Grant Exp.wpd ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Hearings TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building June 12, 2000 APPROVED DEPARTMENTHEAD//'~_~/.~ CITY ATTORNEY~~''~:~ CITY MANAGER ~ A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. (Wards 1, 2 and 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION Ward l/Councilmember Carson APN COST 1. 3418 Anderson Street 172-102-37 $ 395.00 2. 321 S. Bliss Street 169-103-07 $ 420.00 3. 1908 Brook Street 172-053-23 $ 945.00 4. NWC Brundage & L Street 010-312-12 $ 585.00 5. 1025 E. Brundage Lane 168-141-01 $ 577.00 6. 1029 E. Brundage Lane 168-141-02 $ 578.00 7. 1015 California Avenue 009-041-02 $ 405.00 8. 3619 Cottonwood Road 172-101-23 $ 295.00 9. 3521 Elda Avenue 172-131-05 $ 345.00 10. 3620 Elda Avenue 172-132-12 $ 340.00 11. 1824 Filson Street 172-041-24 $ 545.00 12. 3319 Horne Street 172-092-03 $ 340.00 13. 3327 Horne Street 172-092-06 $ 295.00 14. 504 K Street 009-302-01 $ 345.00 June 12, 2000, 9:28AM ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION 15. 925 K Street 16. 500 L Street 17. 501 L Street 18. 920 L Street 19. 1003 L Street 20, 3412 Lotus Lane 21, 3414 Lotus Lane 22. 3520 Meeks Avenue 23. 3521 Meeks Avenue 24. 122 N Street 25. 530 Olive Street 26. 3509 Oliver Street 27. 1727 Orange Street 28. 904 Sandra Drive 29. 923 8th Street 30. 1108 11th Street Ward 2/Councilmember DeMond 31. 413 Alpine Street 32. 507 Butte Street 33. 400 E. California Avenue 34. 207 Daniels Street 35. 201 Hoover Street 36. 1404 Kentucky Street 37. 909 Lake Street 38. 128 Milham Drive 39. 132 Milham Drive 40. 415 Quincy Street 41. 220 Rodman Street 42. 719 Sumner Street 43. 723 Sumner Street 44. 727 Sumner Street 45. 1306 Virginia Avenue 46. 1310 Virginia Avenue 47. 711 E. 18th Street 48. 429 E. 21st Street 49. 500 block 28th Street Ward 7/Councilmember Salva.q_¢lio 50. 5900 Castleford Street 51. 1507 Sylvia Drive 52. 1515 Sylvia Drive APN 009-141-06 009-440-01 009-302-10 009-151-03 009-112-09 172-092-36 172-092-35 172-134-17 172-133-06 010-330-27 007-391-01 172-102-17 007-192-19 022-151-02 009-350-16 009-032-07 016-480-04 016-430-04 016-480-13 139-351-03 139-352-01 015-420-12 015-370-02 139-421-04 139-421-06 012-400-21 139-341-12 016-070-06 016-070-08 016-070-10 018-123-34 018-123-35 016-212-03 016-110-09 002-012-10 371-417-01 022-103-04 022-103-03 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ COST 345.00 430.00 485.00 320.00 520.00 295.00 295.00 395.00 340.00 665,00 310.00 295.00 325.00 570.00 520.00 530.00 320.00 270.00 270.00 345.00 390.00 525.00 500.00 430.00 430.00 770.00 745.00 495.00 570.00 430.00 640.00 440.00 325.00 920.00 440,00 670.00 495.00 665.00 June 12, 2000, 9:28AM ADMINISTRATIVE REPORT Page 3 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipa Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners have been given notice of their right to appear at the hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. Kdm JN28BLt.HRG June 12, 2000, 9:28AM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Hearings ITEM: ~,d, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building June 12, 2000 APP~VED DEPARTMENT CITY ATTOR~EPt' CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. (Wards 1 & 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject property listed below was determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owner was notified and failed to comply with the Notice of Summary Abatement. The subject property is listed as follows: PROPERTY LOCATION Ward t/Councilmember Carson 1. 811 Casino Street APN COST 170-231-15 $ 4,035.00 The owner of the above-mentioned property failed to commence the required work as ordered by the Building Director to abate a public nuisance. The next property was in violation of the Uniform Code for the Abatement of Dangerous Buildings pursuant to Title 15 of the Bakersfield Municipal Code. The owner of the property agreed to allow the City to remove the dangerous building by signing a Consent for Demolition. The subject property is listed as follows: PROPERTY LOCATION Ward 2/Councilmember DeMond 1. 2408 19th Street APN COST 003-332-05 $ 7,385.00 The owner of the above-mentioned property agreed that the cost of demolition would be assessed as a lien against the property. June 12, 2000, 9:30AM ADMINISTRATIVE REPORT Page 2 As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners have been given notice of their dght to appear at the hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to demolish the subject structures and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. kdm JN28BL.2..HRG June 12, 2000, 9:30AM ADMINISTRATIVE REPORT IMEETING DATE: June 28, 2000 AGENDA SECTION: Hearings ITEM: 9.e, TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~2 DATE: June 19, 2000 CITY ATTORNEY,~ CITY MANAGER. ~ SUBJECT: Resolution Adopting Fees Pursuant to the Cost Recovery System. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code which was updated last year. The change in the fee ordinance provided for a biennial review process. This process includes a thorough review of all fees every two years to check assumptions for labor costs, materials usage, etc. Staff has performed a thorough review of all fees for calendar year 2000 and is recommending some adjustments to fees in cases where warranted. The rate increases generally are consistent with inflation. In cases where that does not apply an explanation or justification is provided. At the January 26, 2000 Council meeting, staff presented a cost recovery program update to provide an overview of the process. Subsequently, City staff has reviewed the proposed changes with Building Industry representatives and they have indicated they are not opposed to the proposed changes. The proposed changes to the Master Fee Schedule were also reviewed by the Budget and Finance Committee at the May 15, 2000 meeting. Committee members expressed concerns about the fees proposed for the Recreation and Parks Aquatics Program, however, directed staff to place the proposed fees on the Council Agenda of June 14th as a public meeting for the purpose of the Council receiving public input regarding the proposed fees as required by State law. June 21,2000, 12:03PM ADMINISTRATIVE REPORT Page 2 During the Recreation and Parks Department budget hearing on May 22, 2000 a Councit member requested staff to review the City policy of charging fees for use of City-owned facilities by non-profit organizations and compare with County policies for charging fees and use of Veterans' Halls. No formal action was taken at the June 14th public meeting with regard to these fees. During the Council meeting, Councilmember Carson referred the issue of Recreation and Parks Aquatics Program fees for youth and for use of City-owned facilities by non-profit organizations to the Community Services Committee. The Council directed staff to schedule the required public hearing on June 28, 2000 for the purpose of receiving additional input, and Council may then consider the adoption of the fees by resolution. City staff is recommending the proposed changes to the Master Fee Schedule be adopted as presented. Should the Council later desire to lower any fee upon completion of the Community Services Committee review, that can be accomplished at that time by a resolution. However, if it is the Council's desire to create a new fee category for a new fee, state law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing, thus the entire process would have to start again. Recreation/Cultural fees are proposed to increase August 14, 2000. Development Services fees require a sixty (60) day waiting period and shall become effective on September 1, 2000. All other fees are proposed to increase or decrease beginning July 1,2000. S:\Darnell\Cost Recovery Admin.wpd June28CM 1. Hearings June 21,2000, 12:03PM ADMINISTRATIVE REPORT IMEETING DATE: June 28, 2000 AGENDA Hear i rigs SECTION: ITEM: 9~f, TO: FROM: DATE: Honorable Mayor and City Council Alan Christensen, Assistant City Manager Economic & Community Development June 12, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Resolution approving the issuance of equipment only purchase program notes (not to exceed $1.6 million) by the California Statewide Communities Development Authority (TEFRA Hearing). Ward I RECOMMENDATION: Staff recommends adoption. BACKGROUND: Guy Chaddock and Company is working with the California Statewide Communities Development Authority (CSCDA) to obtain financial assistance through the issuance of tax-exempt Industrial Development Bonds (IDB). In 1994, the Council approved a $200,000 forgivable loan to the company to assist in relocating them to Bakersfield from Los Angeles. Since that time, the company's operations have continued to increase. From its initial plans to employ 130 people, the company now employs 285 workers, 120% more than originally planned. Because of increased business, the company is expanding into an adjacent building that will provide 125,000 additional square feet to handle the demand for its furniture products. Guy Chaddock and Company projects a 75.7% increase in sales over the next five years. The proposed IDB will finance the purchase of manufacturing equipment to be housed in the expanded facility. This expansion will create approximately 98 new jobs during this five year period. The CSCDA provides financing by issuing bonds, notes, or other evidence of indebtedness in order to promote economic development and housing opportunities. On March 26, 1997, the City Council joined with the CSCDA at the request of another developer pursuing bonds for the financing of multi-family housing, and again on January 14, 1998. None of the City's funds will be pledged for the repayment of the bonds. By utilizing the CSCDA, the City of Bakersfield will not be the public conduit nor the actual issuer of the bonds needed for this project. The CSCDA will also process the necessary applications, conduct due diligence, apply for State allocation and coordinate all bond documentation and issuances. The only requirement for the City is the TEFRA public notice review and publication, the TEFRA hearing costs and notification that the TEFRA hearing was held. This hearing is required by the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989. Any comments received at this time should be given consideration. DIk: June 14, 2000, 3:14PM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Reports ITEM: 10,a, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christiansen, Assistant City Manager June 22, 2000 APPROVED DEPARTMENT HEAD //~- CITY ATTORNEY CITY MANAGER Acceptance of Report of Bakersfield Redevelopment Agency regarding Responses to Requests for Statements of Interest; concurrence with execution of an Exclusive Right to Negotiate Agreement with Ray P. Olmscheid Development Company RECOMMENDATION: Staff recommends Council accept Report, concur with execution of an Exclusive Right to Negotiate Agreement with Ray P. Olmscheid Development Company, direct staff to work with the Bakersfield Redevelopment Agency on a three-par~y disposition and development agreement, and direct staff to begin recruiting an environmental consultant. BACKGROUND: In early April, the Bakersfield Redevelopment Agency sent requests for Statements of Interest to a defined area of property owners in the Southeast Bakersfield Redevelopment Project Area. On April 10, 2000, the Agency formed an Ad-Hoc Committee to review all of the responses to the request for Statements of Interest which were being received. On May 17, 2000, the Ad-Hoc Committee met and reviewed all of the responses which had been received to date. As a result of that meeting, the Committee invited three submitters to come before them and present their projects and answer questions on June 5. Prior to June 5, two more submittals were received. Those submitters were invited to attend the June 5 meeting as well. On June 5, 2000, the Ad-Hoc Committee met and interviewed the submitters: Olympia Ventures, International, Grapevine Development Company, Ray P. Olmscheid Development Company, and Ehrenkrantz Eckstut & Kuhn Architects. The Pratt Company did not appear for their interview. As a result of the June 5, 2000 interviews, the Ad-Hoc Committee prepared Report 1-00 with its recommendations regarding development of property in the Southeast Bakersfield Redevelopment Project Area. S:\COUNCIL~Ad mins\acceptR DArepo~t.wpd June 22, 2000 ADMINISTRATIVE REPORT Page 2 That Report was presented to the full Agency on June 21, 2000. The four firms which appeared before the Ad Hoc Committee were given the opportunity to present their concepts to the full board in public session. Staff is recommending that Council accept the Bakersfield Redevelopment Agency's report, concur with its decision to execute an Exclusive Right to Negotiate Agreement with Ray P. OImscheid Development Company, and direct staffto begin to work on a disposition and development agreement. Such an agreement cannot be executed prior to certification of an environmental document regarding whatever project the Agency and Council choose to pursue, if any. Since the environmental process is time consuming, Staff is recommending beginning the recruitment process as soon as possible. The action to hire such a consultant will require a separate action of the City Council. The exclusive right to negotiate will be for period of 180 days. During that time period, the Disposition and Development Agreement will be prepared. It will specify all details of the proposed project, including project elements, participation by the City and Agency, time frames, etc. That agreement would have to be approved by both the Redevelopment Agency and the City. Should negotiations fail to produce an acceptable agreement, the City and Agency would be at liberty to select another development proposal. S:\COUNClL~Adrnins~acceptRDAreport.wpd June 22, 2000 ADMINISTRATIVE REPORT IMEETING DATE: June28,2000 I ITEMNO: AGENDA SECTION: Deferred Business TO: FROM: DEPARTMENT HEAD___ .~-~/. DATE: C,TY ATTORNEY ~/~/~-~ C,TY MANAGER/ 7(~-~ SUBJECT: An ordinance adding, amending and rescinding various sections of Title 17 of the Bakersfield Municipal Code pertaining to families, day care homes, and residential facilities in residential zones; accessory buildings; wall and landscaping separations; churches in the C-0 zone; signs for nonprofit organizations; and other general ordinance cleanup items. (Citywide) Honorable Mayor and City Council Development Services - Planning June 15, 2000 RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of this ordinance was given by the Council on June 14, 2000. These proposed amendments were initiated by staff (with the exception of allowing a church in a C-0 zone) to address minor problem areas, update sections to be consistent with state law, and perform other cleanup measures to correct inconsistencies caused by previous text amendments. They have been broken down into six groups to make it easier to follow the respective changes. A brief discussion of each follows. (1) Day care definitions are being changed to reflect current state law that increased the number of children allowed by right for both large and small family day care operations. The family definition is being changed to reflect court decisions; our current definition is outdated and discriminatory and this update of the definition will be consistent with state and federal requirements necessary to obtain housing grants. Residential facility is being added to help clarify the difference between state licensed group homes that are allowed by state law, and non licensed homes which we define as roominghouses (and are subject to different analysis). The permitted use sections in all of the residential zones are being updated with these uses to ensure the language is consistent from zone to zone. (2) Accessory building regulations are being changed reducing onsite building separations to be consistent with the building code and to improve flexibility for property owners when placing ADMINISTRATIVE REPORT Page 2 these buildings on their property. We are also reducing the height of these structures allowed to be placed on the property line from 12 feet to 7 feet. Anything higher than 7 feet is still permitted but only if it meets the normal residential set back (usually 5 feet on the side and rear). This should reduce the number of complaints received regarding these taller structures being placed on a property line by having them be set back from the property line, but still allows for the typical smaller buildings (ia. tool sheds, etc.) to be placed anywhere in a back yard. (3) The separation requirement between commercial/industrial development and residential uses when separated by a street is being changed to allow more flexibility by the Development Services Director during the site plan hearing process. Based on the type of development, the hearing would help determine whether both a wall and landscaping are necessary, or just landscaping. Instances have occurred in the past where a landscaped berm was found to be more aesthetically pleasing, or that a wall already existed for the residential uses (on their side of the street) and an additional wall on the commercial/industrial property was unnecessary. Some sections already contain this language and these changes will ensure that all sections referencing this requirement read the same. (4) Allowing a church as a permitted use in the C-0 zone was initially referred to the Planning Commission from the Urban Development Committee. The Commission has found this to be an acceptable permitted use and is recommending it be added in the C-0 zone. (5) Nonprofit special event sign regulations are being changed to prohibit them from being placed in residential zones and to limit events consistent with for-profit businesses. The Commission added language to increase the number of offsite signs from 4 to 8, and allow the Development Services Director to permit more events but did not place any limits on this additional number. Staff is recommending a slight alteration to the Commission's language changing the authority to the Building Director since this would be consistent with the authority already granted to him in the code for other minor deviations. In addition, staff recommends that the Building Director be limited to granting no more than 2 additional events so that there is an overall limit. Nonprofit groups have usually not even exercised their 5 special events during a calendar year. (6) The last group of ordinance changes are general cleanup items that correct references or wording. Most are changes missed during the large number of amendments made to the site plan process and conditional use sections last year. Others are those found by staff that need to be updated to reflect current procedures. These are more specifically described in the attached Planning Commission staff report for your information. These amendments were forwarded to the Building Industry Association and Association of Realtors for comments, and staff conducted a workshop for the BIA's legislative committee. No comments were received by the Commission and they approved the changes by a unanimous vote. These changes were also found by the Commission to be exempt from CEQA in accordance with the general rule as they will have no significant effects upon the environment. ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: Deferred Business ITEM: 11,b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation & Parks June 22, 2000 APPROVED DEPARTMENT HEAD ~-~_ C T¥ ATTO..E¥ An ordinance of the Council of the City of Bakersfield adding Chapter 2.62 of the Bakersfield Municipal Code relating to the creation of a Keep Bakersfield Beautifu~ Committee. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: As part of the 1998-99FY budget, City Council approved a beautification program to be certified by the national Keep America Beautiful, Inc. Part of the certification process includes the formation of a Keep Bakersfield Beautiful Committee ("KBBC"). The addition of Chapter 2.62 to the Bakersfield Municipal Code fulfills this requirement. Team 2 of the Bakersfield Leadership Class of 2000 has taken an active role in getting the ordinance together and presenting it to City Council. Under the ordinance, the City Council will appoint the City Manager, or his designee, as the Committee Coordinator of the KBBC. The committee will be comprised of seven Council-appointed members who will take on the responsibility of decision making for the beautification program. The KBBC will recommend policies and specific programs which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk to the City Council. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of KBBC shall be the liaison between KBBC and the City Council and shall provide the City Council, upon request, written reports on the activities of the KBBC. First reading of the ordinance was on June 14, 2000. SF:lsc S:\COUNCIL~Admins\KBBC,262wpd June 22, 2000, 10:48am ADMINISTRATIVE REPORT AGENDA SECTION: Deferred Business MEETING DATE: June 28, 2000 ITEM: 11 .c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager June 20, 2000 APPROVED DEPARTMENT HEAD ~ CITY MANAGER ~ Fiscal Year 2000-01 Budget: Resolution Approving and Adopting the City of Bakersfield Operating and Capital Improvement Budget as amended. Resolution Approving and Adopting the Operating and Capital Improvement Budgets For the Bakersfield Redevelopment Agency as amended. 3. Resolution Establishing the City of Bakersfield Appropriations Limit. RECOMMENDATION: Staff recommends adoption of resolutions. BACKGROUND: Attached is a list of proposed adjustments which reflect additions, changes and deletions to the budget suggested by individual Council members as well as the City Council during the department budget presentations (Exhibit "B"). The attached background memorandum details the proposed amendments. These amendments are now included in the Proposed Fiscal Year 2000-01 Budget as amended. This Administrative Report contains the Fiscal Year 2000-01 proposed budget figures listed below (Exhibit "A"), and the proposed budget changes (Exhibit "B")are incorporated into the resolution approving and adopting the final Operating, Capital Improvement and Bakersfield Redevelopment Agency (BRDA) Budgets as amended. The proposed budget amendments are summarized as follows: 1. Include City Contribution For Public Ice Skating at Centennial Garden $ 30,000 2. Increase Mayor's Operating Budget For Mayor-Elect to attend Sister $ 11,500 City Program and Attend Elected Officials Conference 3. Eliminate Public Information Officer Position ($135,000) DWH:al S:\Damell~adminst2000~Ado pt Budget-ApLimit00-01 .wpd June 22, 2000, 6:31 PM ADMINISTRATIVE REPORT Page 2 Increase General Fund Transfers to Equipment and Refuse Fund For Capital and Operating Costs for 3 Additional Sweepers and Operators Increase Equipment Fund Appropriations For The Purchase of Three (3) Diesel Sweepers Increase Equipment Fund Appropriations For One-Time Equipment Purchases Funded by Kern County For Green and Wood Waste Diversion Program Expansion Increase Refuse Enterprise Fund Operating Budget For Three Additional Street Sweeper Operating Costs For Eight Months Increase Refuse Operating Budget For Kern County's Share of Cost For Green and Wood Waste Diversion Program Expansion (includes additional Heavy Equipment Operator, Service Maint. Worker and Laborer positions). $ 470,000 $ 405,000 $ 486,4OO $176,300 $ 425,123 9. Change Funding For New Traffic Signal at Verdugo / Hagemen - ISTEA $135,000 10. Change Signal project from Wilson and South K to Fairview at Monitor $135,000 11. Proposed New Project - Street Improvement/Expansion of Ming Avenue $119,500 In addition to the changes being recommended, staff has just received positive updated sales tax information which reflects an increase in estimated sales tax revenues of approximately $450,000. These General Fund revenues are available for FY 2000-01 and the City Council may appropriate these funds for any purpose. Possible areas of expenditure previously mentioned by the Council include additional funding for median island improvements or street and road repairs. The Council can chose to appropriate these funds with the adoption of the budget on June 28~h or can wait and appropriate them at a later date. The State budget has yet to be adopted and additional funds for local government remain uncertain. It is likely we will not know for 60 to 90 days after the City budget is adopted if any additional State funds will be forthcoming. Pending the completion of the annual audit some additional funds could also become available depending on the amount of funds which remain unexpended from the current fiscal year over what has been estimated by staff. As explained in a previous memo on one-time revenues, it is likely there will be further budget adjustments mid-year depending on the outcome of state budget deliberations and when we have a more complete picture of actual revenues and expenditures for the current fiscal year. DWH:al S:\Darnell~adrnin$~2000~,dopt 8 udget-Ap LirnitO0-01 .wpd June 22, 2000, 6:31 PM ADMINISTRATIVE REPORT Page 3 Attached are the resolutions adopting the Fiscal Year 2000-01 City of Bakersfield and Bakersfield Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets inclusive of the proposed adjustments. The total Budget is $250,495,326 with the Operating Budget totaling $215,026,743, the Capital Improvement Program Budget totaling $29,088,391, the BRDA Operating Budget totaling $6,230,192, and the BRDA Capital Improvement Program Budget totaling $150,000. Also, the resolution adopting the Fiscal Year 2000-01 Appropriations Limit of $144,080,859 (Exhibit 1) is included. DWH:a[ S:\Da rneli~admins~000V~,dopt Budget-ApLimit00-01 .wpd June 22, 2000, 6:31PM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 IAGENDA SECTION: ITEM: 12.a. New Business TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councit Gene Bogart, Water Resources Manager June 6, 2000 DEPARTMENT HEAD~A,~Vff~ CITY ATTORNEY(~ CITY MANAGER ~ An ordinance authorizing the City Council to sit as the Board of Directors of the Kern River Levee District, approve the annual budget and authorize the Water Board to review the operations of the District and provide direction to staff within budgetary guidelines. RECOMMENDATION: First reading of the ordinance. BACKGROUND: The Kern River Levee District (KRLD) was formed in 1928 for the purpose of protecting the lands within the designated boundaries, which included most of the City of Bakersfield, from overflow and flooding by the Kern River. The District was formed under the general laws of the State of California and the Protection District Act of 1880. KRLD originally constructed and maintained the levee system through Bakersfield, financed through property tax assessments on the lands within the district. The original district boundary encompassed approximately 8500 acres. One annexation occurred in 1974 that added about 6500 acres to the district. Subsequent to the passage of Proposition 13 in 1978, KRLD has relied on a greatly reduced share of the general tax rate for financing of operations. KRLD has been hard pressed to provide the level of security required under standards set for tevee maintenance. The District currently operates with one part-time employee. Since the City already has the responsibility for the operation and distribution of Kern River water, incorporating the levee system into the City operation was a Iogicat and cost effective consolidation of responsibilities to the City. The KRLD Board of Trustees by its Resolution No. 07.26.99 approved a merger and consolidation action with the City of Bakersfield. The City Council by Resolution No. 126-99 on August 25, 1999 approved an application to the Local Agency Formation Commission (LAFCO) for the merger and establishment of the Kern River Levee District as a subsidiary district of the City. LAFCO approved the action by its Resolution No. 00-07 on March 28, 2000. The Kern County Board of Supervisors held a public June 14, 2000, 5:11PM ADMINISTRATIVE REPORT Page 2 hearing on the matter at its May 16, 2000 meeting and approved the subsidiary district status by Resolution No. 2000-153. The City of Bakersfield will now assume the responsibilities of the Kern River Levee District as a subsidiary district of the City of Bakersfield. The City will receive the revenue from the KRLD share of the 1% ad valorem property tax and the current KRLD reserve fund balance will be transferred to the City. These funds will be applied to the continued responsibility for the river levee inspections, operations and maintenance. One existing 1997 4-wheel drive vehicle, miscellaneous small equipment, files, and numerous documents will also be transferred to the City. Since existing City Water Resources staff are familiar with the operations of the Kern River levee system, no new permanent employees are anticipated to be needed as a result of adding the KRLD duties. This ordinance will authorize the City Council to sit as the Board of Directors of the KRLD to approve budgets and provide policy direction to staff. It also authorizes the City Water Board to review the operations of the District and direct staff within City Council budgetary guidelines. The Manager of the City Water Resources Department will make the daily operational decisions and report to the Water Board for authorization and direction on matters of concern. The ordinance provides that the City Council will review and approve the budget and set policies for the KRLD. The Water Board will monitor and direct staff on a continuing basis on Levee District operations, and City Water Resources staff will carry out policy within the budgetary guidelines adopted by the City Council. The City Water Board at its May 17, 2000 meeting reviewed and recommended City Council approval of this ordinance. FC: JN28WT1 NB June 14, 2000, 5:06PM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning June 13, 2000 AGENDA SECTION: New Business TEM: 12 .b. APP,~OVED DEPARTMENT HEAD/' ~f, [ . CITY ATTO R N EY/~//.~j'~ CITY MANAGER ~ SUBJECT: An Ordinance Amending Title Seventeen of the Bakersfield Municipal Code and Zone Map No. 102-33 by changing the zoning from an R-2 (Limited Multiple-Family Dwelling) zone to an R-1 CH (One Family Dwelling - Church) zone on .98 acres generally located on the Southwest corner of Quailwood Drive and North El Rio Drive (P00-0285). (Ward 5) RECOMMENDATION: Staff recommends first reading. BACKGROUND: On June 1,2000, the Planning Commission adopted a resolution recommending approval of the zone change request made by Timeless Architecture (applicant), representing Westside Church of Christ. The request is to change the zoning from R-2 (Limited Multiple-Family Dwelling) zone to an R-1 CH (One Family Dwelling - Church) zone on the .98 acre site. The purpose of the zone change' is to facilitate site development as a parking lot in support of a proposed 30,000 square foot classroom/ gymnasium building on adjacent church property. The applicant is requesting this zone change because it is their intention to develop the site as a parking lot in support of the existing church and future church related uses. The request is consistent with the P (Public Facility) land use designation on the Metropolitan Bakersfield 2010 General Plan. Title 17 of the Bakersfield Municipal Code addresses compatibility between church developments and neighborhood residential uses. Specifically, Section 17.36.030 F. of the Bakersfield Municipal Code requires that church and related uses be separated from property zoned or designated for residential uses by a six foot high masonry wall. A six foot high masonry wall presently exists between the existing church and apartment complex to the west of the project site. However, the block wall between the proposed zone change site and apartments to the west varies between 5 and 6 feet in height. During the site plan review process for the parking lot development, the Site Plan Review Committee will require that the wail between the proposed parking lot and apartment complex to the west be a minimum of six feet high, in compliance with City development standards. No public opposition has been received as of this writing. June 13, 2000, 1:09PM ADMINISTRATIVE REPORT Page 2 No one spoke for or against the zone change request during the Planning Commission hearing. All required public notices have been given. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area. Therefore, a Negative Declaration was prepared and is recommended for adoption. (JS:pjt) (admin~j u n~6-28-0285) June 13, 2000, 1:09PM ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager June 20, 2000 SUBJECT: AGENDA SECTION: New Business ITEM: 12,c, DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Contract to Extend Effluent Spreading from Wastewater Plant #3 APPROVED RECOMMENDATION: Staff recommends a contract amendment extending the time period and lowering the cost of spreading effluent from Wastewater Treatment Plant #3. BACKGROUND: For many years, the treated wastewater effluent from Wastewater Treatment Plant #3 has been delivered to a farm southwest of Bakersfield. Under a contract that originated with Tenneco West and was later transferred to VCI and later, by court action (which the City opposed), to the City of Los Angeles, the effluent is spread for farming of non-edible crops. This amendment makes the following substantive changes to the contract now in place: 1) It extends the term of the agreement. Currently the agreement runs to 2006, at which time we could extend it another 20 years, at a price to be negotiated. This provides an early 20 year extension with an added option to extend 20 more years beyond that. 2) We have been paying for the effluent to be taken, at approximately $300,000 per year. This agreement provides that, beginning in 2003, the fee becomes zero. That saves $900,000 on the current contract. More significantly, it assures that for 23 years thereafter and 20 years beyond, if we extend, the fee will be zero ( 0 ). Compared to what we have been paying, the value of that is $300,000 x 43 years -- $13 million. Other alternatives which exist under the current contract in 2006 would be to obtain a state issued permit for another property, buy another farm, or enter into another lease. Staff evaluates the cost of those alternatives at between $16 million to $24 million. Cumulatively then, this contract amendment has a huge value to our rate payers. It avoids rate increases of between 13% to 21%. rks June 20, 2000, 10:43AM P:~AdminReports&Related~Adm-2000\Contract-ExtendEffiuent-WW~3-061900,wpd ADMINISTRATIVE REPORT Page 2 3) Through a court action, the property in question was recently transferred from VCI to the City of Los Angeles. They own it for the purpose of spreading biosolids. Several questions and answers need to be addressed in that regard, as follows: a) Question: Does this contract amendment, in any way, facilitate, allow, or endorse the spreading of biosolids from out of Kern County on this farm? Answer: No, it does not. In fact, the agreement specifically states the City of Bakersfield is opposed to the importation of biosolids and will seek legislative, regulatory, and other forms of support for its position. We have been actively supporting Kern County in that regard and will continue to do so. If wastewater were not available at the farm, groundwater would be pumped and used, lowering the water table. The use of wastewater is better, environmentally, than pumping from the groundwater table. If we set in motion a plan to deny the farm wastewater in 2006, it would, in no way, impair the City of Los Angeles in their spreading of biosolids. In fact, they would (barring legislative or court actions) continue to spread biosolids and use the more environmentally sensitive groundwater in the farming operations. b) Question: What if legislative or court action results in biosolids importation being stopped? Answer: The proposed agreement runs with the land and is binding on current and future land owners. An additional option, provided by the amendment, provides us an option on a first right of refusal to buy the property, should Los Angeles decide to sell it. c) Question: Does this agreement, in any way, damage Kern County's suit in regard to biosolids importation? Answer: No, it does not, and that has been checked and verified with County Counsel Bernard Barmann. SUMMARY The City entered into a contract to purchase this farm when VCI was the owner, for $8.5 million dollars. The intention was to have certainty as to having a place to spread our effluent for the long term. A series of court actions have followed. Ironically, we now have the goal of the purchase arrangement with not only zero cost, but a savings of $900,000 in effluent disposal fees that are contained in the current contract. This action settles two outstanding law suits, with VCI and RBM It saves our rate payers many millions of dollars, in comparison to other alternatives over time. It does nothing to facilitate or allow biosolids importation. It, in fact, restates our historic opposition. Finally, the use of the effluent for farming operations is environmentally superior to the alternative, which is pumping groundwater. rks June 20, 2000, 1:13PM P:~AdminRepor[s&Related~Ad m-2000\Contract-Exte nd Effiuent-VWV~3-061900.wpd REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: New Business ITEM: 3.2.d TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~ DATE: June 6, 2000 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: A Resolution supporting Assembly Bill 2495 (Ashburn) concerning local regulations of biosolid imports. RECOMMENDATION: Staff recommends the adoption of the resolution. BACKGROUND: On June 16, 2000, the City of Bakersfield, in correspondence with the League of California Cities, took the position that it would support Assembly Bill 2495 being carried by Assembly Member Roy Ashburn. This Resolution will formalize the support and will be sent to the League of California Cities and the sponsors of AB 2495. ADD:dlr S:\COU N CIL~,dmins\AB-2495-Biosoiids.wpd June 21, 2000, 1:06pm ADMINISTRATIVE REPORT MEETING DATE: June 28, 2000 AGENDA SECTION: New Business TEM: ].2.e. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD /"~ _,,~ DATE: June 16, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Request by Time Warner Cable for a 36-month waiver of franchise fees related to Road Runner Internet service. (Wards All) RECOMMENDATION: Staff recommends denial of request to waive franchise fees related to Road Runner Internet service for 36 months. BACKGROUND: Councilmembers Mike Maggard and David Couch asked that this request be considered by the full Council. Time Warner Cable has requested that the City Council grant a 36-month franchise fee exemption on revenues derived from the Road Runner high speed Intemet service. They claim that this exemption period would help them develop the new business in the competitive Internet service market. City staff has considered the request and recommends no change in Time Warner's franchise fees. There are three primary reasons for denying the request. First, the City Charter does not provide for such a waiver. It states: "The stipulated percentage of gross receipts provided in this Charter or said ordinance to be paid for the use and enjoyment of any franchise as set forth in the ordinance granting such franchise shall be paid annually by holders thereof, at the time of filing the annual report provided for in this charter or ordinance. Failure to pay such percentage shall work a forfeiture of the franchise." [Emphasis added.] No exemption to the franchise fee is mentioned in the City Charter. Furthermore, gross receipts is defined by the Charter as all compensation received from the grantee's cable television service operations. Therefore, Time Warner must pay a franchise fee based upon all gross receipts from their cable service. Second, the speed of transmission actually provides a service advantage to users of Time Warner's Road Runner internet service. Road Runner internet service is packaged along with cable television service, and there is enough capacity for both services to be transmitted along the same cable line. The transmission speed offered with Road Runner is the primary attraction for users. The Road Runner service runs up to 10 times faster than traditional internet service providers (ISP's) that transmit over telephone lines. Up to this point, Time Warner has paid a franchise fee to the City based upon gross receipts from cable television operations. Therefore, it follows that Time Warner would continue to be charged a S;~Admin Rpts~000\Time Warner 062800 workshop.wpd June 21, 2000, 2:19PM ADMINISTRATIVE REPORT Page 2 franchise fee for their new internet service, which service uses the same cable lines as those used to transmit cable television. Third, granting the requested fee waiver would set a precedent for unilateral fee reductions that are likely to spill over into other operational areas. Cox Cable plans to unveil a simitar service in the near future and will most likely ask for a similar fee waiver. Furthermore, the rationale to request fee waivers to remain more competitive could be made by any business, and could effect many different revenue sources. S:~Adrnin Rpts~2OOO\Time Warner 062800 workshop.wpd June 21, 2000, 2:19PM