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.
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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.
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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.
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(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.
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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)
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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
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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
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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
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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
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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)
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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.
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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
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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
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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
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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.
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June 21, 2000, 2:19PM