HomeMy WebLinkAbout07/19/2000 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 19, 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)
(15 min)
WORKSHOP
a. Annexation Process Update. (Assistant City Manager Alan Christensen)
b. Report on Citizen Attitude Survey (Assistant City Manager Alan Christensen)
CLOSED SESSION
Conference with Legal Counsel ~ Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9;
Derek Tisinger vs. City of Bakersfield, et al,; Kern County Superior Court Case No.
233578-SPC.
Public Employee Performance Evaluation - City Manager
Closed Session pursuant to Subdivision (a) of Government Code Section 54957.
REGULAR MEETING
1. INVOCATION by The Church of Jesus Christ of Latter-Day Saints
2, PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
a. Presentation by Mayor Price of a plaque to Randy Rowles for service to the City of
Bakersfield.
6. PUBLIC STATEMENTS
(Ward 6)
(Ward 4)
(Ward 1)
APPOINTMENTS
a. One appointment to the Fire Civil Service Board.
Staff recommends Council determination.
CONSENT CALENDAR
Minutes:
a. June 28, 2000 Council Meeting.
Payments:
Payments from June 17, to July 7, 2000 in the amount of $7,396,070.36; and Self
Insurance payments from June 17, to July 7, 2000 in the amount of $546,680.76.
Resolutions:
Resolution determining that an ice floor cover for use in the Centennial Garden
Arena cannot be obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding, not to exceed $105,500.
Resolution adopting the Investment Policy of the City.
Agreements:
Tract Maps/Improvement Agreements:
1. Final Map and Improvement Agreements with San Joaquin Development
Group LLC for Tract 5947, Phase 1, located south of McKee, west of Wible
Road.
2. Final Map with Fruitvale Properties LLC by Curci-Turner Company for Tract
5917, Phase 1, located at the northeast corner of Calloway Drive and
Hageman Road.
Agreement with Police Activities League (PAL, a 501 (c)(3) tax exempt organization)
to purchase five printers - $5.00 and ten computers - $10.00.
Award Consultant Agreements to Porter-Robertson Engineering and Surveying, Inc.
($150,000) and Ruettgers & Schuler Civil Engineers ($150,000) for providing "on
call" civil engineering and surveying services for non-federally funded Capital
improvement Projects during Fiscal Years 2000-01and 2001-02.
Consent to Common Use Agreement with Chevron Pipe Line Company for use of
easement within Virginia Avenue and Oswell Park Drive, east of Oswell Street.
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8. CONSENT CALENDAR continued
(Ward 2)
Bids:
i. Additional Centennial Garden Arena Suites:
Award Contract to Colombo Construction Company, $274,100 for
construction of Centennial Garden suite addition.
Appropriate $81,000 additional suite revenue from the Transient Occupancy
Tax Fund and $44,000 Economic Development Revolving Loan Balance to
the Capital Improvement Budget within the Capital Outlay Fund for
construction of three additional arena suites.
(Wards 1,2,4,5,6,7) k.
Accept bid from Western Pacific Signal, LLC, $199,806.75 for 230 traffic signal
controllers and prom modules for the Public Works Department.
Reject all bids for traffic signal interconnect installation at various locations in the
City of Bakersfield.
Miscellaneous:
Appropriate $1,243,000 to the Operating Budgets within the Public Financing
Authority Operating and Debt Service Fund and Special Assessment District Funds
for bond calls.
Staff recommends adoption of Consent Calendar Items a. through I.
(Wards 1,2,3,4,7)
HEARINGS
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 in support of amendment to the Kern Countywide Siting Element of the
Countywide Integrated Waste Management Plan.
Staff recommends adoption of the resolution.
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(Ward 4)
(Ward 4)
(Ward 2)
(Ward 2)
HEARINGS continued
Resolution approving City Annexation No. 410, Proceeding No. 1281, uninhabited
territory, located west of Allen Road to Jenkins Road, between Brimhall Road and
Rosedale Highway.
Agreement to Indemnify LAFCO for City Annexation No. 410, Proceeding
1281.
Staff recommends adoption of the resolution ordering the territory annexed to the
City of Bakersfield and approval of the agreement.
Resolution approving City Annexation No. 411, Proceeding No. 1282 uninhabited
territory, located along the north side of Stockdale Highway, to Morroco Avenue,
east of Jenkins Road.
Agreement to Indemnify LAFCO for City Annexation No. 411, Proceeding
1282.
Staff recommends adoption of the resolution ordering the territory annexed to the
City of Bakersfield and approval of the agreemenL
Protest hearing as required by Resolution of Intention No. 1212 proposing to add
territory, Area 4-16, Chester Avenue, Phase 2:
Resolution adding territory, Area 4-16, Chester Avenue, Phase 2, to the
Consolidated Maintenance District and confirming the assessments,
approving the Public Works Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
Staff recommends overriding protests and adoption of the resolution.
Public Hearing to determine whether the public interest and necessity require
acquisition by eminent domain of property located at 1426 P Street, Bakersfield,
California, for parking for the Centennial Garden Arena/Convention Center (Code
of Civil Procedures Section 1245.230, et seq.)
Staff recommends adoption of a Resolution of Necessity declaring the public interest
and necessity for the taking of property located at 1426 P Street, Bakersfield,
California, for parking for the Centennial Garden Arena/Convention Center, enabling
the City to condemn the subject property.
10.
REPORTS
a. Ad Hoc Committee Report No. 1-00 regarding Council Vacancy Appointment
Process.
Staff recommends Council accept report, implement recommendations and adopt
the Resolution.
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ADDENDUM
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 19, 2000
10.
REPORTS
Legislative and Litigation Committee Report No. 3-00 relating to 24-Month
Franchise Fee Exemption in Connection with Road Runner Services Provided
by Time Warner.
Resolution declaring the City's intention to modify the Franchise
Agreement with Time Warner Entertainment Advance/New House.
Respectfully submitted,
Alan Tandy
City Manager
11,
(Ward 5)
(Wards 1,2)
(Ward 4)
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield Municipal Code and Zone Map No.
102-33 by changing the zoning from a Limited Multiple-Family Dwelling zone to a
One Family Dwelling - Church zone on .98 acres located on the southwest corner
of Quailwood Drive and North El Rio Drive (P00'0285). (First reading 6/28/00)
Staff recommends adoption of the ordinance.
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. (First reading 6/28/00)
Staff recommends adoption of the ordinance.
Resolution confirming the report of the Chief Code Enforcement Officer regarding
amendment of assessment for 201 Hoover Street, eliminating an incorrect
assessment for 904 Sandra Drive and denying confirmation of costs for properties
at 1025 and 1029 E. Brundage Lane in the City of Bakersfield for the abatement of
certain weeds, debris and waste matter.
Staff recommends adoption of the Resolution and acceptance of the report and
recommendations to: 1) amend assessment of 201 Hoover Street;2) eliminate an
incorrect assessment previously imposed on 904 Sandra Drive; 3) not assess the
properties at 1025 and 1029 E. Brundage Lane.
d. Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue:
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.
Improvement Agreement for vacation of access easement with applicant
Khalid Abureyaleh for same property.
Staff recommends adoption of resolution and approval of agreement.
(Ward 1)
12. NEW BUSINESS
Ordinance amending Section 1.12.010 of the Bakersfield Municipal Code by adding
Annexation No. 409 to Ward 1, located north of Bear Mountain Blvd., west of Fairfax
Road.
Staff recommends first reading of the ordinance.
-5-
12. NEW BUSINESS continued
b. Permits for vendors conducting sales from portable concession stands in City parks.
Resolution establishing a moratorium on the issuance of permits for vendors
conducting sales from portable concession stands in City parks pursuant to
12.56.240(B) and (C),
Staff recommends adoption of the resolution and referral of the matter to the
Legislative and Litigation Committee.
13. COUNCIL STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\Council~G EN DA\JU L1900.wpd
July 13, 2000 (2:19pm)
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BAKERSFIELD
MEMORANDUM
JULY 14, 2000
TO: HONORABLE MAYOR AND CITY COUNCIL
/
FROM: JOHN W. STINSON, ASSISTANT CITY MANAGER ~/
THROUGH: ALAN TANDY, CITY MANAGER
SUBJECT: AGENDA HIGHLIGHTS - JULY 19, 2000 COUNCIL ME
PRE-MEETING
There will be a workshop on the annexation process and a report on the Citizen Attitude Survey
both being presented by Assistant City Manager Alan Christensen.
There are two closed session items: one is existing litigation regarding Derek Tisinger vs. the City;
and the performance evaluation for the City Manager.
APPOINTMENTS
There is one appointment to the Fire Civil Service Board. Applications have been received from
Stephanie Campbelt and Jeff Vetter.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
Item 8c. Resolution determininq that an ice floor cover for use in the Centennial Garden Arena
cannot be obtained throuqh the usual bidding procedures and authorizing the Finance Director to
dispense with bidding, not to exceed $105,500. The ice floor cover is placed over the ice surface
of the Centennial Garden Arena in order to conduct other events in the arena without having to
remove the ice. The current ice floor cover is a substance called homosote, which has served its
useful life and needs to be replaced in order to avoid disruption to the schedule of events at
Centennial Garden. Staff is recommending replacing the ice floor cover with a plastic/fiberglass
composite board that not only acts as an insulation barrier, but protects both the ice surface and
equipment placed upon the top of the board. This material is more functional and-long-lasting than
the homosote material currently being used and has a typical useful life of 10 years. Staff, in
working with Ogden Entertainment who manage Centennial Garden, have been able to identify only
one manufacturer of the plastic/fiberglass composite ice floor cover and are, therefore,
recommending dispensing with standard bidding procedures to purchase the ice floor cover.
HONORABLE MAYOR AND CITY COUNCIL
July 14, 2000
Page -2-
Item 8d. Resolution adopting the Investment Policy of the City. The Government Code limits
investment terms to a maximum of five years with an exception which is conditioned upon Council
approval of specific investment programs no less than three months prior to the investment being
made. A Councilmember requested consideration be given to utilize the provision to extend the
investment term in U.S. Treasury and federal agency securities to a ten-year maximum. If this
investment policy change is adopted, staff recommends the maximum amount for terms longer than
five years be limited to the lesser of $10 million or 10% of the portfolio at the time the investment
is made. Staff would bring specific investments that exceed the five-year term to the Council for
approval prior to the investments being made. This change would give staff the option of locking
in higher rates when the yield curve is at the higher end of its cycle.
Agreements:
Item 8f. Aqreement with Police Activities League to purchase five pdnters for $5.00 and ten
computers for $10.00. The Finance Director has received a request from the Police Activities
League (PAL) to buy five surplus printers and ten surplus computers for use at the youth center in
the tutorial/computer room. The Municipal Code provides for sale to non-profit organizations subject
to the approval of the City Council.
Item 8c~. Award of two separate consultant aqreements to two local engineerinq firms: Porter-
Robertson Enqineerinq and Surve¥inq, Inc. in the amount of $150,000 and Ruettgers & Schuler
Civil Engineers in the amount of $150,000 for providinq "on call" civil engineednq and surveying
services. In order to expedite delivery of capital improvement projects, staff is recommending these
agreements for "on call" engineering and surveying services. Staff reviewed proposals by six firms
and is recommending agreements with Po~ter-Robertson Engineering and Surveying and Ruettgers
& Schuler Civil Engineers. Each agreement is a not-to-exceed amount of $150,000 for a two-year
period.
Item 8h. Consent to common use between the City of Bakersfield and Chevron Pipe Line Company
for use of an easement within Virqinia Avenue and Oswell Park Drive, east of Oswell Street
Chevron Pipe Line Company is the owner of an existing easement within Virginia Avenue and
Oswell Park Drive, which is located east of Oswell Street. The developer of Tract 5948 proposes
to construct a street over the easement. This agreement establishes the guidelines and consents
to the construction, reconstruction, maintenance and use by the City and by the public of the street
over and upon Chevron's easement.
Bids:
Item 8i. Additional Centennial Garden Arena Suites. This project will result in the addition of three
new suites at Centennial Garden Arena. Lease agreements for all three of these new suites have
been signed by potential lessees. Contract documents require that the construction of the new
suites be completed by September 15, 2000, so the lessees can use them at the scheduled hockey
exhibition game between the Los Angeles Kings and a yet to be named team. Staff received two
acceptable bids and is recommending award to Colombo Construction Company in the amount of
HONORABLE MAYOR AND CITY COUNCIL
July 14, 2000
Page -3-
$274,100 for construction of the suites addition. Staff is also recommending an appropriation of
$81,000 additional suite revenue from the Transient Occupancy Tax Fund and $44,000 Economic
Development Revolving Loan Balance to the Capital Improvement Budget within the Capital Outlay
Fund for construction of three additional arena suites.
Item 8i. Bid award for 230 traffic signal controllers and prom modules for the Public Works
Department to Western Pacific Siqnal, LLC, in the amount of $199,806.75. Staff received four
acceptable bids and is recommending award to Western Pacific Signal.
Item 8k. Reject ail bids for traffic siqnal interconnect installation at various locations in the City of
Bakersfield. Staff received two bids which are significantly higher than the engineeCs estimate for
the project. Staff is recommending the rejection of bids and will reevaluate and re-advertise the
project.
Miscellaneous:
Item 81. Appropriate $1,243,000 to the Operatinq Budgets within the Public Financing Authority
Operating and Debt Service Fund and Special Assessment District Funds for bond calls. The
Finance Department staff has determined amounts from special assessment payoffs and interest
available to call special assessment bonds. These appropriations provide for the prepayment of
$560,000 bond principal spread among six special assessment districts. Four of the district bond
calls are related to the City of Bakersfield Public Financing Authority (PFA). This will require a
$343,000 transfer between the Public Financing Authority Operating and Debt Service Funds and
the call of $345,000 PFA Series B and C bonds and related bond call premium.
HEARINGS
Item 9b. Resolution in support of amendment to the Kern Countywide Siting Element of the
Countywide Integrated Waste Manaqement Plan. Kern County is preparing to amend the
Countywide Integrated Waste Management Plan to include the closure of the Lebec Sanitary
Landfill in the Siting Element. Although the Lebec Landfill is located outside the City of Bakersfield,
the City has the opportunity to participate in the amendment process. Because these proposed
changes present no adverse impact within the City's jurisdiction, it is appropriate to pass a
resolution in support of the Siting Element amendment.
Item 9c. Resolution approvinq City Annexation No. 410 located west of Allen Road to Jenkins
Road, between Brimhall Road and Rosedale Hiqhway. This annexation area consists of 204.75
acres of uninhabited land. The owner wishes to annex the site to the City to receive City services.
The resolution makes findings that no wdtten protests have been filed. The action also includes an
agreement to indemnify LAFCO as a condition of approval of the annexation.
HONORABLE MAYOR AND CITY COUNCIL
July 14, 2000
Page -4-
Item 9d. Resolution approvinq City Annexation No. 411 located along the north side of Stockdale
Hiqhway, to Morroco Avenue, east of Jenkins Road. This annexation is a single-family dwelling that
desires to connect and receive City sewer service for the site. There were no protests and this
action includes an indemnification agreement required by LAFCO to proceed with the annexation.
Item 9e. Protest hearing required to add territory for Chester Avenue Phase 2 landscaping to the
Consolidated Maintenance Distdct and confirming the assessments, approvinq the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax Collector. This
hearing is to hear protests on adding Phase 2 of the Downtown streetscaping to the Consolidated
Maintenance District. If this area is not added to the Consolidated Maintenance District, the City
will not be able to expand the streetscaping into this area. The area to be added would include
properties fronting on 17th Street through 22nd Street between Eye Street and "K" Street. Notices
and ballots were sent to each property owner within the area. As of July 12% 12 ballots have been
returned all in favor of adding the area to the Consolidated Maintenance District. Ballot.,; may be
received up to the close of the protest hearing. This area will be under the streetscape zone of
benefit and when street landscaping and lighting improvements have been installed, assessed an
amount for street tier 2.
Item 9f. Public Hearing to determine whether the public interest and necessity require acquisition
by eminent domain of property located at 1426 "P" Street for parking for the Centennial Garden
Arena/Convention Center. The public hearing on this item was opened at the Council meeting of
June 14, 2000. It was continued to July 19th to allow for further negotiations. In the interim, City
staff met with counsel for the owners in an attempt to informally resolve this acquisition.
Subsequently, staff requested the owners provide documentation including appraisals regarding
the owners' valuation of the property. At the time of submission of this report, no such
documentation has been provided. Staff is recommending adopting the Resolution of Necessity
declaring the public interest and necessity for the taking of property for the purpose of parking for
the Centennial Garden Arena/Convention Center. It is important to note that while the adoption of
the resolution is the first step in the eminent domain proceeding, this does not necessarily mean
that the City will be forced to take the listed property by condemnation. Negotiations for the
purchase of the property are continuing and staff is hopeful that the City will be able to purchase
the property without having to resort to eminent domain proceedings.
REPORTS
Item 10a. Ad Hoc Committee for Council Vacancy Appointment Process. The Committee met and
reviewed the process to fill Council vacancies in 1993 and 1995 and determined that with some
modification, the process could be established as policy. The Committee is recommending that
press releases be distributed to the news media and posted on the City Web page; that a display
advertisement be published in The Bakersfield Californian; the City Clerk accept applications from
interested citizens residing in Ward 5; and that the appointment be made following the Voting Policy
adopted by the Counci~ for Boards and Commissions (other than the Planning Commission). A
ballot will be distributed by the City Clerk for voting purposes. The application deadline is
Wednesday, August 9, 2000; Council interviews and appointments would be Wednesday, August
16, 2000.
HONORABLE MAYOR AND CITY COUNCIL
July 14, 2000
Page -5-
Item 10b. Leqislative and Litiqation Committee Report relatinq to 24-month Franchise Fee
exemption in connection with Road Runner Services provided by Time Warner. The Legislative and
Litigation Committee met with representative of Time Warner regarding their request for a 24-month
exemption of its payment in connection with its new Road Runner Internet service. The Committee
is recommending a 24-month one-time exemption of the Road Runner service from City 'franchise
fees. The Committee is also recommending a similar 24-month one-time exemption for Cox Cable
when they implement a similar service in the future. An amendment to the franchise ordinance
requires the passage of a resolution setting a public hearing to consider the change to the
ordinance. Staff maintains its previous recommendation against granting any exemption from the
payment of cable franchise fees by Time Warner and Cox Cable.
DEFERRED BUSINESS
item 11a. Ordinance amending the Bakersfield Municipal Code and Zone Map by chanqing the_
zoninq from a Limited Multiple-Family Dwelling zone to a One Family Dwellinq - Church zone on .98
acres located on the southwest corner of Quailwood Drive and North El Rio Ddve. This ordinance
was given first reading on June 28, 2000. Staff has received no additional comments and
recommends adoption of the ordinance.
Item 1 lb. Ordinance authorizing the City Council to sit as Board of Directors of the Kern River
Levee District, approve the annual budqet and authorize the Water Board to review the operations
of the Distdct and provide direction to staff within budgetary quidelines. This ordinance was given
first reading on June 28, 2000. Staff has received no additional comments and recommends
adoption of the ordinance.
item 11c. Resolution confirming the report of the Chief Code Enforcement Officer regarding
amendment of assessment for 201 Hoover Street, eliminating an incorrect assessment for 904
Sandra Drive and denying confirmation of costs for properties at 1025 and 1029 E. Brundage Lane
in the City of Bakersfield for the abatement of certain weeds, debris and waste matter. These
matters were continued from the June 28, 2000 Council meeting. Councilmember DeMond and
staffmet with a representative regarding the 201 Hoover Street property. Based upon a review of
the circumstances regarding noticing, staff is recommending a reduction of the assessment by $145
to $245.
Councilmember Carson met with staff and owners of the properties at 1025 and 1029 E. Brundage
Lane. It was recommended that the property owner secure the property to preclude illegal dumping
and the rapid accumulation of large volumes of trash, discarded furniture and abandoned vehicles.
The owner agreed to install a six-fool chain link fence with security wire on the property. Staff
recommends that the assessment of $1,155 not be liened against the property.
In the matter regarding 904 Sandra Drive, staff reviewed the case with the property owner and the
owner agreed to an assessment of $425, which was promptly paid. However, the Chief Code
Enforcement Officer was unable to convey the information in time to amend the recommended
HONORABLE MAYOR AND CITY COUNCIL
July 14, 2000
Page -6~
assessment and the Council adopted the resolution levying a $570 assessment. The basis for the
agreed upon reduction to $425 is that the property owner's address on the Kern County tax rolf
showed 904 Sandra Drive, which is where the notices were mailed and, therefore, he did not
receive them. The property owner had put an address change into the Kern County Assessor's
office; however, because of a time lapse the County did not get the address change on the
computer until after the assessment notice was mailed. Staff is recommending the elimination of
the incorrect assessment previously imposed for 904 Sandra Drive.
Item 1 ld. Sewer lift station at the northeast comer of Ming Avenue and Grand Lakes Avenue This
item was referred to the City Attorney at the June 28, 2000 City Council meeting for further review
and recommendation. The City Attorney has met with the involved parties. However, as of the
preparation of the agenda, this item has not been fully resolved. Meetings are continuing between
the two parties and staff will provide information as to the resolution of this item when it becomes
available.
NEW BUSINESS
Item 12a. Ordinance amending the Bakersfield Municipal Code by adding Annexation No. 409 to
Ward 1, located north of Bear Mountain B1vd., west of Fairfax Road. This ordinance amends the
ward boundaries to include Annexation No. 409 area into the corresponding Council ward. This
property was purchased by the City for expansion of the City's sewer treatment facility.
Item 12b. Permits for vendors conducting sales from portable concession stands in City parks. The
Bakersfield Municipal Code governs sales in City parks by non-profit organizations, contracts with
independent contractors at permanent concession stands and permits for vendors conducting sales
from portable concession stands. Recently, Recreation and Parks demolished all permanent City
park concession stands and terminated all affiliated contracts. As such, there is no need for an
ordinance to govern permanent park concession stands. In addition, Recreation and Parks is
interested in sending out Requests for Proposals to govern portable concession stands within all
City parks. This approach will present a uniform and consistent way of dealing with concessions
in City parks, address health and safety concerns, and eliminate any ambiguity and unfairness
involved in the current structure cf the "first come first serve" process. As such, the resolution
places an immediate moratorium on the issuance of permits for vendors conducting sales from
portable park concession stands in City parks. The moratorium will allow time for Council to discuss
how best to proceed and consider appropriate ordinance provisions. Staff recommends adoption
of the resolution and referral of the matter to the Legislative and Litigation Committee.
AT.JWS:jp
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Workshop
ITEM: 2.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cle~ DEPARTMENT HEAD
DATE: July 7,2000 CITY ATTORNEY ...........
CITY MANAGER
SUBJECT:
Annexation Process Update (Assistant City Manager Alan Christensen)
RECOMMENDATION:
BACKGROUND:
StaffwillbepresentingtheproposedCitizen'sGuidetoAnnexationsandPolicyResolution.
pmc
S:\Council\admins~ADMINS\JUL 1900.WS 1 .wpd
July 7, 2000, 12:21pm
ADMINISTRATIVE
REPORT
IMEETING DATE: July 19, 2000
AGENDA SECTION: Workshop
ITEM: 2. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD ~
DATE: July 7, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Report on Citizen Attitude Survey
RECOMMENDATION:
BACKGROUND:
Assistant City Manager, Alan Christensen and Para Wooldridge of Research Network, Ltd. will give a
presentation on the results of the City Attitude Survey.
July 7, 2000, 8:10AM
S:~Admin Rpts~000\Survey workshop 071900.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Closed Session
ITEM: 3 .a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 7, 2000
Conference with Legal Counsel -- Existing Litigation
APPROVED
DEPARTMENT HEAD ~
CiTY ATTORNEY ~
CITY MANAGER ~'~
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Derek Tisinger v. City of Bakersfield, et al.;
Kern County Superior Court Case No. 233578-SPC
RECOMMENDATION:
BACKGROUND:
BJT:laa
JL19CA2.CS
July 7, 2000, 9:39am
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Closed Session
ITEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart Thiltgen, City Attorney
July 7, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ('~/'
Public Employee Performance Evaluation -- City Manager
Closed session pursuant to subdivision (a) of Government Code section 54957
RECOMMENDATION:
BACKGROUND:
BJT:laa
JL19CA1.CS
July 7, 2000, 9:36am
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Presentations
ITEM: 5 .a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Bob Price
July 11, 2000
APPROVED
DEPARTMENT HE~7~'~,''~
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Price of plaque to Randy Rowles for service to the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
July 11,2000, 2:06pm
ADMINISTRATIVE REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Appointments
ITEM: 7 · a.
TO: Honorable Mayor and City Counc/~ APPROVED
Pamela A. McCarthy, City Clerk~__~,;_~~' DEPARTMENT HEAD (~ ~.~)--~'
FROM:
DATE: July 11, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT:
One appointment to the Fire Civil Service Board.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Fire Civil Service Board due to the resignation of Kathleen Brock, whose term
expires December 31, 2001. The news release for this recruitment was posted May 22, 2000.
Applications to fill the unexpired term have been received from the following individuals (copy attached):
Stephanie Campbell
Jeff Vetter
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members,
appointed by the Full Council. Members must be residents of the City throughout their three-year term and
shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of members
of the Fire Department. All applicants have been encouraged to contact each Councilmember regarding
their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., Human
Resources Testing Room, 1501 Truxtun Avenue, Bakersfield.
July 11, 2000, 12:16PM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~__-~'
July 7, 2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Minutes of the regular Council meeting of June 28, 2000.
APPROVED
N/A
RECOMMENDATION:
BACKGROUND:
bz
S:\Council\admins~ADMINS\JUL 1900.wpd
July 7, 2000, 12:55pm
ADMINISTRATIVE
REPORT
IMEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 7, 2000
APPROVED
DEPARTMENT HEAD
A ORNEY
CITY MANAGER
Approval of department payments from June 17, 2000 to July 7, 2000 in the amount of
$7,396,070.36 and self insurance payments from June 17, 2000 to JUly 7, 2000 in the amount
of $546,680.76.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,942,751.12.
BACKGROUND:
s:~acctpay\adminf~l .wpd
nks
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
July 7, 2000
APPROVED
DEPARTMENT HEAD ~-~
CITY ATTORNEY _-
CITY MANAGER
Resolution determining that an Ice floor cover for use in the Centennial Garden Arena
cannot be obtained through the ususal bidding procedures and authorize the Finance
Director to dispense with bidding therefor, not to exceed $105,500.00.
RECOMMENDATION: Staff recommends adoption of Resolution,
BACKGROUND: The ice floor cover is placed over the ice surface of the Centennial Garden arena in order
to conduct other events in the arena without having to remove the ice. The ice floor cover currently used
in Centennial Garden is a substance called homosote that has a useful life of approximately two years.
This ice floor cover has served its useful life and needs to be replaced in order to avoid disruption to the
Centennial Garden schedule of the Bakersfield Condors, California State University basketball games,
concerts, family shows and other events.
Staff is recommending replacing the ice floor cover with a plastic / fiberglass composite board that not only
acts as an insulation barrier but also protects both the ice surface as well as the equipment or surfaces
placed on top of the board. This material is more functional and long lasting than the homosote material
currently being used. The plastic / fiberglass composite board typically has a ten year useful life.
Staff in working with Ogden Entertainment who manage Centennial Garden has been able to identify only
one manufacturer of the plastic/fibreglass composite ice floor cover. Therefore, we are recommending
dispensing with standard bidding procedures to purchase the ice floor cover. This item is a budgeted
project in the fiscal year 2000-01 Capital Improvement budget.
July 12, 2000, 9:23AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
I ITEM: 8. d.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 7, 2000
Resolution Adopting the Investment Policy of the City
APPROVED
Cl~ MANAGER ~*
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND:
California Government Code Section 53601 limits investment term to a maximum of five years with an
exception noted below. Current City Investment Policy is more restrictive than the Government Code and
limits investment term to three years maximum. Staff recommends increasing the term to a maximum of five
years as permitted in the Government Code. A copy of the current City Investment Policy is attached. The
current three year limits in the attached Policy are bracketed. The requested changes to five years are shown
in bold capital type.
The Government Code provides that no investment shall be made in any security that at the time of the
investment has a term remaining to maturity in excess of five years, unless the legislative body (City Council)
has granted express authority to make that investment either specifically or as a part of an investment program
approved by the City Council no less than three months prior to the investment being made. A Councilmember
requested consideration be given to utilize this provision of the Government Code to extend the investment
term in U.S. Treasury and federal agency securities to a ten year term maximum. If this investment policy
change is adopted, staff recommends the maximum amount invested for terms longer than five years be
limited to the lesser of $10 million or 10% of the portfolio at the time the investment is made. This proposed
change to the Policy is shown in bold capital type. As required by Government Code, staffwould bring specific
investments that exceed the five year term to the Council for approval prior to the investments being made.
This change would give staff the option of locking in higher rates when the yield curve is at the higher end of
its cycle.
ADMINISTRATIVE REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
ITEM: $. e.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: June 30, 2000
SUBJECT:
Tract Maps/Improvement Agreements:
APPROVED
DEPARTMENT HEAD //~r'~
C,TY ATTORNEY
CITY MANAGER ~
(1)
(2)
Final Map and Improvement Agreements with San Joaquin Development Group LLC for Tract
5947 Phase 1 located south of McKee Road and west of Wible Road. (Ward 6)
Final Map with Fruitvale Properties LLC by Curci-Turner Company for Tract 5917 Phase 1
located at the northeast corner of Calloway Drive and Hageman Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for
Subdivision Maps. Such improvements include, but are not limited to, streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE
CITY CLERK'S OFFICE FOR REVIEW~
June 30, 2000, 10:43am
G:\GROUPDAT~ADMINRPT~2000\July 19\TR5947~1., TR5917-1wpd,.wpd
TD
ADMINISTRATIVE
REPORT
IMEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. ¢.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Kiimko, Finance Director
July 6, 2000
APPROVED
DEPARTMENT HEAD
SUBJECT:
Agreement with Police Activities League (PAL) a 501 (c)(3) tax exempt organization) to
purchase:
1. 5 printers - $5.00
2. 10 computers - $10.00
RECOMMENDATION: Staff recommends sale of surplus printers and computers.
BACKGROUND: The Finance Director has received a request for the Police Activities League to buy
surplus equipment. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any
sale to a government entity or nonprofit organization shall be subject to confirmation and approval by the City
Council.
PAL requests five (5) printers and ten (10) computers for use at the Youth Center in the tutorial/computer
room.
All items are being sold "as is and with all faults" to remove the City from any potential liability claims.
p:~ADMIN~2000ADMIN\C000719S.wpd
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July 8, 2000, 11:22am
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION:
ITEM: $. ~J.
Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 11, 2000
APPROVED
DEPARTMENT HEAD /'~
CITY ATTORN EY.~_...~
CITY MANAGER ~
Award of two (2) separate Consultant Agreements to two (2) local engineering firms: Porter-
Robertson Engineering and Surveying, Inc. ($150,000) and Ruettgers & Schuler Civil
Engineers ($150,000) for providing "on call" civil engineering and surveying services for non-
federally funded Capital Improvement Projects during Fiscal Years 2000-01 and 2001-02.
(All Wards)
RECOMMENDATION: Staff recommends approval of these agreements.
BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on
call" engineering and surveying services contract with selected local engineering firms in 1996 This on call
program will provide staff surveying and civil engineering design services as needed for various City CIP
projects. The program has proven to be very effective for providing timely design and surveying services
to the City to maintain CIP project delivery. These agreements will allow the on call program to continue for
Fiscal Years 2000-01 and 2001-02.
On June 22, 2000, staff sent a Request for Qualifications to 19 local engineering firms. On July 5, 2000,
the following six (6) firms submitted a Statement of Qualifications along with their Hourly Billing Rate
Schedule.
DeWalt Corporation
Mclntosh & Associates
Quad Knopf, Inc.
Kennedy/Jenks Consultants
Porter*Robertson Engineering & Surveying, Inc.
Ruettgers & Schuler Civil Engineers
Based on the selection committee's review of the Statements of Qualifications that were submitted by those
firms and Hourly Wages Rates most favorable to the City, the committee recommends award of consultant
agreements to Porter-Robertson Engineering and Surveying, Inc. and Ruettgers & Schuler Civil Engineers.
Since specific scopes of work have not yet been determined, the compensation amount for each firm is set
at a not-to-exceed aggregate total of $150,000.00 for a two-year period. Project assignments will be based
on the firm's experience and expertise and on a rotational basis.
Funding for these agreements will be paid for through the actual budgeted projects. No additional
appropriations are anticipated at this time.
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Consent Calendar
ITEM: $. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 27, 2000
APPROVED
DEPARTMENT HEAD /~ _
CITY ATTORNEY~
CiTY MANAGE R L'//~'~O'~
Consent to common use between the City of Bakersfield and Chevron Pipe Line Company
within Virginia Avenue and Oswell Park Drive east cf OsweJl Street (Ward 1)
RECOMMENDATION: Staff recommends approval of the consent to common use.
BACKGROUND: Chevron Pipe Line Company is the owner of an: existing easement within Virginia Avenue
and Oswell Park Drive which is located east of Qswell Street. The developer of Tract 5948 proposes to
construct a street over the easement. This agreement establishes the guideline and consents to the
construction, reconstruction, maintenance and use by the City and by the public of the street, over, along and
upon Chevron's easement in the area of common use.
dns
June 27, 2000, 11:05AM
G:\GROUPDA'IAADMINRPT12000~July 19\consent to common use
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. i.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 13, 2000 C, ATTORNEY
CI M^NAGER
SUBJECT:
Additional Centennial Garden Arena Suites:
Accept bid to award contract to Colombo Construction Company, $274,100, for
Construction of Centennial Garden Suite Addition.
Appropriate $81,000 additional suite revenue from the Transient Occupancy Tax Fund
and $44,000 Economic Development revolving loan balance to the Capital
Improvement Budget within the Capital Outlay Fund for construction of three additional
arena suites. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and appropriation of
funds.
BACKGROUND: This project will result in the addition of three new suites at the Centennial Garden Arena.
Lease agreements for all three of these new suites have already been signed by potential lessees. The
contract documents require that the construction of the new suites be completed by September 15, 2000, so
that the lessees can use them at a scheduled hockey exhibition game between the Los Angeles Kings and
a yet to be named team.
Two bids were received on July 6, 2000, as follows:
Colombo Construction Company, Inc.
3211 Rio Mirada Drive
Bakersfield, CA 93308 (City) in the amount of
$274,100.00
Piper & DeVries, inc., D.B.A. Omega Construction
16500 Barton Lane
Bakersfield, CA 93312 (County) in the amount of
$324,000.00
Total construction costs for this project is estimated to be $345,000 of which $47,000 was previously
committed for seating, cabinets, shelves, door frames, doors and window walls. This leaves a balance of
$298,000 of which $274,100 is needed to award this contract. The remaining $23,900 is committed for
architectural services and contingencies.
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
TEM: 8. j.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 6, 2000
APPROVED
DEPARTMENT HEAD
CI MANAGER
SUBJECT: Accept bid from Western Pacific Signal, LLC, $199,806.75, for 230 traffic signal controllers
and prom modules for the Public Works department. (Wards 1, 2, 3, 4, 5, 6 & 7)
RECOMMENDATION:
Staff recommends acceptance of bid.
BACKGROUND: This purchase of 230 traffic controllers and prom modules allows for the upgrade of
various signalized intersections to communicate with software installed with the City's master signal plan.
This project has received approval from Caltrans to receive Congestion Management Air Quality (CMAQ)
funding when matched with City allocated Gas Tax funds. Four (4) bids were received, June 28, 2000, as
follows:
Western Pacific Signal, LLC
20993 Foothill Boulevard #214
Hayward, CA 94541-1511
in the amount of
$199,806.75
All Bay Distributors
605 Chenery Street #B
San Francisco, CA 94131
in the amount of
$203,186.20
McCain Traffic Supply
2575 Pioneer Avenue
Vista, CA 92083
in the amount of
$203,506.88
Traffic Parts, Incorporated
P.O. Box 837
Spring, TX 77383
in the amount of
$257,467.03
P:~ADMIN~2000ADMIN\C000719A,wpd
GJK:DW:Ijm
July 6, 2000, 10:22am
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8, k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 6, 2000
APPROVED
DEPARTMENT HEAD '
CITY ATTORNEY ~
CITY MAN~-'ER~--C~
Reject all bids for traffic signal interconnect installation at various locations in the City of
Bakersfield. (Wards 1, 2, 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends rejection of bids, reevaluate, and re-advertise the project.
BACKGROUND: This project includes installation of traffic signal interconnect on California Avenue from
Stockdale Highway to Mohawk Street, Ming Avenue from Haggin Oaks Boulevard to Gosford Road, White
Lane from Highway 99 to South H Street, Truxtun Avenue from Mohawk Street to Empire Drive, Gosford Road
from White Lane to Kroll Way, and H Street from Brundage Lane to Truxtun Avenue as part of the City master
signal communication plan. The two bids received are significantly higher than the Engineer's Estimate of
$467,058.75. The project will be reevaluated and re-advertised.
Two bids were received on July 5, 2000 as follows:
Leo Tidwell Excavating
275 Marquita Avenue
Paso Robles, CA 93446
(Out of Town)
in the amount of
$657,785.00
Taft Electric Company
P. O. Box 3416
Ventura, CA 93306
(Out of Town)
in the amount of
$940,684.00
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Consent Calendar
ITEM: $. 1 .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 6, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
cITY MANAGER
SUBJECT: Appropriate $1,243,000 to the Operating Budgets within the Public Financing Authority
Operating and Debt Service Fund and special Assessment District Funds for bond calls.
RECOMMENDATION: Staff recommends approval of the appropriations.
BACKGROUND: Subsequent to June 30, 2000, the Finance Department staff has determined amounts
from special assessment payoffs and interest thereon available to call special assessment bonds. The
appropriations required include the prepayment of $560,000 bond principal spread among six (6) special
assessment districts. Four (4) of the district bond calls are related to the City of Bakersfield Public Financing
Authority (PFA). This will require a $343,000 transfer between the PFA Operating and Debt Service Funds
and the call of $345,000 PFA Series B and C bonds and related bond call premium.
P:~ADMIN~000ADMIN\C000719C.wpd
GJK:DW:Ijm
July 6, 2000, 1:18pm
ADMINISTRATIVE
REPORT
IMEETING DATE: July 19, 2000
AGENDA SECTION: Hearings
ITEM: 9 · a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
June 27, 2000
..VED
DEPARTMENT H E~,,~//~*
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, 3, 4 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
APN COST
Ward l/Councilmember Carson
1. 3417 Anderson Street 172-091-08 $ 320,00
2. 11 Augusta Street 018-250-17 $ 445,00
3. 29 Augusta Street 018-250-26 $ 325.00
4. 120 Augusta Street 018-190-04 $ 740,00
5. 705 S. Brown Street 019-121-09 $ 1,020.00
6. 230 Clyde Street 018-350-01 $ 345.00
7. 3301 Cottonwood Road 172-101-08 $ 435.00
8. 509 G Street 007-251-10 $ 370.00
9. 3413 Horne Street 172-092-08 $ 280.00
10. 3424 Home Street 172-091-36 $ 295.00
11. 3500 Horne Street 172-091-35 $ 295.00
12. 3508 Home Street 172-091-33 $ 295.00
13. 3608 Home Street 172-091-27 $ 320.00
14. 3410 Lotus Lane 172-092-37 $ 295.00
July 5, 2000, 8:14AM
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
15. 816 M Street 009-222-16 $ 395.00
16. 1219 N Street 006-430-25 $ 385.00
17. South of 225 Northrup Street 018-310-16 $ 335.00
18. South of 245 Northrup Street 018-310-25 $ 370.00
19. 910 O Street 009-162-18 $ 340.00
20. 1103 O Street 009-041-09 $ 370.00
21. 3507 Oliver Street 172-102-16 $ 295.00
22. 3601 Oliver Street 172-102-18 $ 370.00
23. 32 S. Owens Street 018-250-04 $ 440.00
24. 905 P Street 009-162-13 $ 345.00
25. 54 Planz Road 022-250-15 $ 325.00
26. 1128 Robinson Street 015-340-08 $ 245.00
27. 2109 Roland Street 170-162-14 $ 325.00
28. NEC 1st & L Streets 010-321-26 $ 395.00
29. 1103 4th Street 010-200-11 $ 315.00
Ward 2/Councilmember DeMond
30. 2609 L Street 002-142-06 $ 395.00
31. 1426 Lake Street 015-310-13 $ 395.00
32. 1501 Lake Street 015-430-01 $ 395.00
33. 515 10th Street 009-191-01 $ 845.00
34. 1311 28th Street 002-162-01 $ 795.00
Ward 3/Councilmember Ma.q.qard
35. 6900 block Autumn Ridge
36. 2806 Rice Street
37. 3412 University Avenue
435-010-05 $ 370.00
383-171-05 $ 470.00
382-123-09 $ 420.00
Ward ~CouncilmemberCouch
38. 10303Willow Bend Court
493-175-20 $ 295.00
Ward 7/Councilmember Salvag.qio
39. 2500 Teresa Way
372-100-18 $ 495.00
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 Municipal
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.
JL19BL1,HRG
July 5, 2000, 1:49PM
ADMINISTRATIVE
REPORT
IMEETING DATE: July 19, 2000
AGENDA SECTION: Hea~-
ITEM: 9. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
June 12, 2000
APPROVED
DEPARTMENT HEAD//,/~-~
CITY ATTORNEY'('/·
CITY MANAGER
Resolution in support of amendment to the Kern Countywide Siting Element of the Countywide
Integrated Waste Management Plan.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Kern County is preparing to amend the Countywide Integrated Waste Management Plan,
to include closure of the Lebec Sanitary Landfill in the Siting Element. Although the Lebec Landfill is located
outside the City of Bakersfield, the City has the opportunity to participate in the amendment process as
outlined in PRC Section 41721.5 (c).
Because these proposed changes present no adverse impact within the City's jurisdiction, it is appropriate
to pass Resolution in support of the Siting Element amendment.
SMP
SOLtD WASTE DIVISION
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Hearing
ITEM: 9 .¢.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 21, 2000
APPROVED
DEPARTMENT HEAD .~ ~
CITY ATTORNEY ,~"~ -
CITYMANAGER
Resolution approving City Annexation No. 410, Proceeding No. 1281, uninhabited territory
located generally west of Allen Road to Jenkins Road, between Brimhall Road and Rosedale
Highway. (Ward 4)
1. Agreement to Indemnify LAFCO for City Annexation No. 410, Proceeding 1281.
RECOMMENDATION:
Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield and
execution of Agreement.
BACKGROUND:
The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00-
14 on June 27, 2000, with a condition the city indemnify LAFCO. The commission designated the
City Council the conducting authority. There were no protests at the LAFCO hearing.
This resolution makes findings that no written protest has been filed and ordering the territory
designated as Annexation No. 410, annexed to the City of Bakersfield.
LAFCO adopted Resolution No. 00-14 on June 27, 2000, with a condition that the city sign an
agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation.
It provides that if LAFCO is sued for approving the City's application for annexation the city will bear
the burden of defense.
The annexation area consists of 204.75 acres of uninhabited land, which is located generally west
of Allen Road to Jenkins Road, between Brimhall Road and Rosedale Highway.
The owner wishes to annex the site to the city to receive city services.
MO:pjt
admin~jul\7-19-a410
July 3, 2000, 9:15AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Hearing
ITEM: 9 · d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 21, 2000
APPROVED
DEPARTMENTHEAD ~,-~dt{f-
CITY ATTORNEY~
ClTY MANAGER
Resolution approving City Annexation No. 411, Proceeding No. 1282 uninhabited territory
located generally along the north side of Stockdale Highway, to Morroco Avenue, east of
Jenkins Road. (Ward 4)
1. Agreement to Indemnify LAFCO for City Annexation No. 411, Proceeding 1282.
RECOMMENDATION:
Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield and
execution of Agreement.
BACKGROUND:
The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00-
15, on June 27, 2000, with a condition the city indemnify LAFCO. The commission designated the
City Council the conducting authority, There were no protests at the LAFCO hearing.
This resolution makes findings that no written protest has been filed and ordering the territory
designated as Annexation No. 411, annexed to the City of Bakersfield.
LAFCO adopted Resolution No. 00-15 on June 27, 2000, with a condition that the city sign an
agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation.
It provides that if LAFCO is sued for approving the City's application for annexation the city will bear
the burden of defense.
The annexation area consists of 0.5 acres of uninhabited land, which is located generally along the
north side of Stockdale Highway, to Morroco Avenue, east of Jenkins Road.
The owner wishes to annex the site to the city to receive city service for the site. The site is
developed as a single family dwelling.
MO:pjt
admin~jul\7-19-a411
July 3, 2000, 9:12AM
ADMINISTRATIVE
REPORT
IMEETING DATE: July 19, 2000
AGENDA SECTION: Hearings
ITEM: 9 .e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 12, 2000
APPROVED
DEPARTMENT HEAD /.~--'
CITY ATTORNEY/,~
CITY MANAGER(~?~
Protest hearing as required by Resolution of Intention No. 1212 proposing to add territory,
Area 4-16, (Chester Avenue Phase 2).
Resolution adding territory, Area 4-16, (Chester Avenue, Phase 2) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 2)
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: This hearing is to hear protests on adding Phase 2 of the downtown streetscaping to the
Consolidated Maintenance District, If this area is not added to the Consolidated Maintenance District the City
will not be able to expand the streetscaping into this area.
The resolution proposes to add territory (Area 4-16, Chester Avenue, Phase 2) to the Consolidated
Maintenance District, expanding the Chester Avenue streetscape project to include properties fronting on 17th
Street through 22"d Street between Eye Street and K Street. Area 4-16 is generally bounded by 23rd Street
on the north, K Street on the east, Truxtun Avenue on the south and Eye Street on the west. Notices and
ballots were sent out to each property owner within the area.
As of July 12, 2000 twelve ballots have been returned, all in favor of adding this area to the Consolidated
Maintenance District. Ballots may be received up to the close of the protest hearing. This area will be under
the streetscape zone of benefit and when street landscaping and lighting improvements have been installed,
assessed an amount for street tier 2.
The addition of this territory to the Consolidated Maintenance District complies with the requirements of
Proposition 218.
July 12, 2000, 2:30pm
S:\PRO J ECTS~t4AI N DIST¥~DMiN RPT~md4-16re.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Hearings
ITEM: 9. ¢.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
May 11, 2000
APPROVED
DEPARTMENTHEAD ~
C'TY ATTORNEY ~f~
CITY MANAGER ~
Public hearing to determine whether the public interest and necessity require acquisition by
eminent domain of property located at 1426 "P" Street, Bakersfield, California, for parking for
the Centennial Garden Arena/Convention Center (Code of Civil Procedure section 1245.230,
et seq.) (Ward 2)
RECOMMENDATION:
Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for the
taking of property located at 1426 "P" Street, Bakersfield, California, for parking for the Centennial Garden
Arena/Convention Center, enabling the City to condemn the subject property.
BACKGROUND:
The public hearing on this item was opened at the Council meeting of June 14, 2000. it was continued to July
19, 2000 to allow for further negotiations, tn the interim, City staff met with counsel for the owners in an
attempt to informally resolve this acquisition. Subsequently, by correspondence dated June 28, 2000, staff
requested the owners provide documentation (appraisal(s)) regarding the owners' valuation of the property.
At the time of submission of this report, no such documentation has been provided.
Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity"
authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain
"pre-condemnation" requirements be met.
Each of these requirements has been met by the City and are set forth in the Resolution of Necessity attached
hereto and made a part hereof by this reference.
Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City
give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and
be heard on the following:
1. Whether the public interest and necessity require the project;
July 11,2000, 3:34pm
ADMINISTRATIVE REPORT Page 2
Whether the project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project; and
Whether the offers required by Government Code section 7267.2 have been made to the
owner(s) of the subject property.
The specific findings of fact which support the Council's adoption of the Resolution of Necessity are set forth
therein and include:
Expand available public parking for the Centennial Garden Arena/Convention Center Complex.
When events are scheduled during normal working hours on weekdays, the Complex is not
permitted to use the Kern County parking structure adjacent to the Complex (west of"N" Street)
resulting in the loss of approximately 800 parking spaces;
Completion of the "Q" Street underpass in July 2000 makes this property ideally located for
Complex parking. No delay to vehicular and pedestrian traffic will occur when trains are
stopped along the rail line between the propertyand the Complex. Delays to traffic occur on
"N" Street when trains are present along the intervening rail line;
A reconfiguration of traffic flows for Complex parking to this property and other parking lots
between "M" and "Q" Streets once the "Q" Street underpass project is completed will resolve
numerous complaints received regarding traffic delays;
This property is blighted and immediately adjoins the Food Bank facility which the City is also
acquiring for expanded parking facilities.
Required notice was provided to each property owner as set forth in the Resolution of Necessity.
tn order for the property owners to appear before the Council, the property owners must have filed awritten
request to appear and be heard within fifteen (15) days after the notice was mailed (Code of Civil Procedure
section 1245,235(a)(b)(3)). Failure to file a written request results in the waiver of the right to appear and be
heard.
The Council must adopt the Resolution of Necessity by vote of two thirds of all the members of the Council (not
two thirds of a quorum of the members present). (Code of Civil Procedure section 1245.240.)
It is important to note that while adoption of the resolution is the first step in eminent domain proceedings, this
does not necessarily mean that the City will be forced to take any of the listed property by condemnation.
Negotiations for the purchase of the property are continuing, and staff is hopeful that theCity will be able to
purchase the property without having to resort to eminent domain proceedings.
BJT/MGA:Isc
Attachment
S:\COU NClL~Admins\1426PStreet wpd
July 11, 2000, 3:34pm
MEETING DATE: July 19, 2000
AGENDA SECTION: Reports
iTEM: 10.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clerk DEPARTMENT HEAD
DATE: July 12,2000 CITY ATTORNEY b/'<~
C,TY MANAGER
SUBJECT:
Ad Hoc Committee for Council Vacancy Appointment Process Report No. 1-00
RECOMMENDATION:
Staff recommends Council accept report, implement recommendations and adopt
the Resolution.
The Committee met and reviewed the process used to fill previous Council vacancies in 1993 and
again in 1995. It was the consensus of the Committee that with some modification, the same
process could be established as policy.
The Committee recommends the following process to be used for the recruitment of the Interim
Councilmember for Ward 5:
To recruit an individual to fill the vacancy by accepting applications from interested
citizens residing in Ward 5. Applications may be obtained from the City Clerk. A copy
of the proposed application is attached.
A press release announcing the Council vacancy prepared, by the City Clerk, is to be
and distributed to the news media and posted on the City's Web Page. The press
release will include the minimum qualifications, application deadline, the Council
interview date and time and the appointment date and time. A Copy of the proposed
news release is attached.
The proposed dates for this recruitment are as follows:
Application Deadline - Wednesday, August 9, 2000, 5:00 p.m.
Council Interviews -Wednesday, August 16, 2000, 5:15 p.m.
Appointment- Wednesday, August 16, 2000, 7:00 p.m.
The City Clerk is to prepare a display advertisement to be published in the Bakersfield
Californian once a week for two consecutive weeks.
July 13, 2000, 9:52am
ADMINISTRATIVE REPORT Page
4. No application will be accepted after the filing deadline.
The City Council will make the appointment of the Interim Councilmember by following
the voting policy outlined in Resolution 187-99 adopted December 15, 1999. The
selected appointee will be issued the Oath of Office and assume all responsibilities at
that time.
Additionally, the Committee recommends City Council adopt a Resolution establishing this criterion
as Council Policy to fill a Council vacancy.
pmc
S:\Council\ad mins~ADMINS\J UL1900.RPT1 .wpd
July 13, 2000, 9:52am
ADMINISTRATIVE REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Reports
ITEM: 10.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
July 14, 2000
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~ --
CITY MANAGER ~
Legislative and Litigation Committee Report No. 3-00 relating to 24-Month Franchise Fee
Exemption in Connection with RoadRunner Services Provided by Time Warner
1) A Resolution Declaring the City's Intention to Modify the Franchise Agreement with
Time Warner Entertainment Advance/New House
RECOMMENDATION:
Legislative and Litigation Committee recommends acceptance of report, implementation of its
recommendations, and adoption of the resolution.
BACKGROUND:
At the Legislative and Litigation Committee meeting of July 13, 2000, the Committee discussed and
reviewed considerations surrounding a request by Time Warner Cable for exemption of payment of its
franchise fees in connection with gross receipts generated by its new RoadRunner services. RoadRunner
services are provided through the cable company's conduit in the public right of way for which a franchise
fee is charged for its continuing use.
The Committee reviewed the benefit to be gained from the provision of the new service to the community
and considered offsets for the loss of fees during the 24-month exemption period. The Committee agreed
with Time Warner's contention that RoadRunner services was basically "a start up business" which would
benefit from the one-time exemption which in turn would benefit the community over time. The Committee
also considered the effect upon Cox Communications and its entry into the same market. Members
agreed that Cox Communications should receive the same one-time exemption when it begins providing
similar services (i.e., Cox@Home) in the Bakersfield area, probably within the next two years.
In the meeting, Time Warner agreed to work with City staff to review the possibilities of providing service
or technical assistance to the City during the exemption period.
The Legislative and Litigation Committee recommends the 24-month franchise fee exemption for
RoadRunner services by Time Warner be granted with directions to staff to take the appropriate steps to
accomplish this. The committee further recommends the same one-time exemption be granted to Cox
Communications at the appropriate time.
July 14, 2000, 10:40AM
ADMINISTRATIVE REPORT Page 2
In accordance with Section 118 of the Charter of the City of Bakersfield, an amendment to the Franchise
Ordinance requires the passage of a resolution declaring the Council's intent to amend the ordinance and
setting the time and date for a public hearing to consider the ordinance amendment. The Legislative and
Litigation Committee requests the Council accept this report, implement its recommendations, and adopt
the resolution setting a public hearing for an amendment to the Franchise Ordinance reflecting the 24-
month franchise fee exemption.
Staff maintains its previous recommendation against granting any exemption from the payment of cable
franchise fees by Time Warner and Cox Communications.
(P:\L&L~ADM00-07-19-1) ~
July 14, 2000, 10:40AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Deferred
ITEM: ]-~..a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 13, 2000
APPROVED
DEPARTMENT H~~
C ITYATTORNE
CITY MANAGER
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 adoption of the ordinance.
BACKGROUND:
The City Councilconducted the firstreading ofthe ordinance on June 28,2000. No one protested
the zone change.
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
June 13, 2000, 1:25PM
ADMINISTRATIVE REPORT Page 2
Committee will require that the wall 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.
No one spoke for or against the zone change request during the Planning Commission hearing.
All required pubtic 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~jul\7-19-0285)
June 13, 2000, 1:13PM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Deferred Business
ITEM: 11.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
July 11, 2000
_APPROVED
DEPARTMENT HEAD~-.~, ~-~,
CITY ATTORNEY
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:
Staff recommends adoption of Ordinance.
BACKGROUND:
The Council conducted the first reading of the Ordinance on June 28, 2000.
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 levee 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 logical 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
July 11, 2000, 11:09AM
ADMINISTRATIVE REPORT Page 2
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
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:
JL19WTIDF
July 11, 2000, 11:09AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: Deferred Business
ITEM: 11.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
July 7, 2000
DEPARTMENT HEA~ED
CITY ATTORN E~'~:~--
CITY MANAGER ~
A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code
Enforcement Officer regarding amendment of assessment for 201 Hoover Street, eliminating
an incorrect assessment for 904 Sandra Drive and denying confirmation of costs for
properties at 1025 & 1029 E. Brundage Lane in the City of Bakersfield for the abatement of
certain weeds, debris and waste matter. (Wards 1 and 2)
RECOMMENDATION: Staff recommends adoption of the Resolution and acceptance of the report and
recommendations to: (1) amend assessment of 201 Hoover Street; (2) eliminate an incorrect assessment
previously imposed on 904 Sandra Drive; (3) not assess the properties at 1025 and 1029 E. Brundage Lane.
BACKGROUND: This matter was continued from the June 28, 2000, Council meeting. A meeting was
held with the property owner's grandson (the property owner is elderly and unable to care for it), staff and
Councilmember DeMond regarding 201 Hoover Street. It was determined that the grandson had made an
attempt to clean the lot but misunderstood that all weeds and trash had to be removed. Although the
grandson said he received the first and last notices from the city, he claims his grandfather did not receive
the second and third notices. In view of the circumstances staff recommends a reduction ofthe assessment
by $145 to $245.
Cou ncilmem ber Carson met with staff and owners of the properties at 1025 and 1029 E. Brundage Lane. The
property is located next to a market which has an excessive loitering problem and has easy access for illegal
dumping. Due to miscommunication and the time that the owner initially cleaned the property and the time
the city cleaned the property five to six weeks could have passed and almost a ton of trash and debris could
have been dumped. The owner's contractor hauled off 120 tires, four to five couches, Christmas trees,
plywood and other wood products and two loads of tumbleweeds and bags of trash. About six weeks later
the city's contractor hauled off about 1,700 pounds of trash. Staff and the owner agreed that the property
needed to be secured to preclude this rapid accumulation of large volumes of trash, discarded furniture and
abandoned vehicles. The owner agreed to install a six-foot chain link 'fence with security wire across the dirt
portion of his lot and a pole and cable barrier around the paved portion of it to prevent further loitering and
illegal dumping. Staff recommends that the assessment of $1,155 not be liened against the property.
July 11,2000, 9:24AM
ADMINISTRATIVE REPORT Page 2
The last matter concerning the assessment of 904 Sandra Drive is presented as a matter of good record
keeping. During the last City Council meeting, the Chief Code Enforcement Officer and the owner of 904
Sandra Drive reviewed his case and agreed to an assessment of $425 which he promptly paid. However,
the Chief Code Enforcement Officer was unable to convey that information in time to amend the
recommended assessment and the City Council adopted the resolution levying a $570 assessment. The
basis for the agreed upon reduction is that the property owner's address on the Kern County Tax Roll showed
904 Sandra Drive which is where the notices were mailed and therefore he did not receive them. The
property owner had put in an address change to the Kern County Assessor's office however because of a
time lapse the county did not get the address change on the computer until the assessment notice was
mailed.
kdm
JLI§BL2.HRG
July 11,2000, 9:24AM
ADMINISTRATIVE REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: Deferred Business
ITEM: ll.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Paul M Rojas, Public Works Director
July 7, 2000
APPROVED
DEPARTMENT HEAD //J~
CITY MANAGER ~
Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue:
(Ward 4)
Resolution of Intention 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 Vacatior) 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 Crome~'ton 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 none have posted any objection to the
proposed vacating action.
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.
On June 28, 2000, the City Council referred this item to City Attorney for further review and
recommendation; thus changing the Public hearing on the proposed vacation to August 30, 2000.
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000 AGENDA SECTION: New Business
ITEM: 12.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 21, 2000
CITY MANAGER (}
An ordinance amending Bakersfield Municipal Code Section § 1.12.010 by adding Annexation
No. 409 to Ward 1, located north of Bear Mountain Blvd., west of Fairfax Road. (Ward 1)
RECOMMENDATION:
Staff recommends first reading of Ordinance.
BACKGROUND:
This Ordinance amends the ward boundaries to include Annexation No. 409 area into the
corresponding Council ward. The annexations were approved by Council on April 26, 2000.
Annexation Ward No. Population
Annexation No. 409 1 0
Annexation No. 409 is located north of Bear Mountain Blvd., west of Fairfax Road. The territory will
be used for the expansion of the City's sewer treatment facility.
(MO:Pit)
(admin\july\7-19-a409)
June 21, 2000, 9:25AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 19, 2000
AGENDA SECTION: New Business
ITEM: 12.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Recreation and Parks Director
July 12, 2000
APPROVED
DEPARTMENT HEAD ~. ~:~
CITY ATTORNEY /~'¢
CITY MANAGER ~,~
Permits for vendors conducting sales from portable concession stands in City parks.
1. A Resolution establishing a moratorium on the issuance of permits for w.=ndors
conducting sales from portable concession stands in City parks pursuant to 12.56.240
(B) and (C).
RECOMMENDATION:
Staff recommends adoption of the Resolution and referral of the matter to the Legislative & Litigation
Committee.
BACKGROUND:
Section 12.56.240 of the Bakersfield Municipal Code governs sales in City parks by non-profit
organizations, contracts with independent contractors at permanent concession stands and permits for
vendors conducting sales from portable concession stands.
Recently, Recreation and Parks demolished all permanent City park concession stands and terminated
all affiliated contracts. As such, there is no need for an ordinance to govern City permanent park concession
stands. In addition, Recreation and Parks is interested in sending out Requests for Proposals to govern
portable concession stands within all City parks. This approach will present a uniform and consistent way of
dealing with concessions in City parks, address health and safety concerns, and eliminate any ambiguity and
fairness involved in the current structure of the "first come first serve" process. As such, the attached
Resolution places an immediate moratorium on the issuance of permits for vendors conducting sales from
portable park concession stands in City parks and refers the matter to the Legislative & Litigation Committee.
The moratorium will allow time for Council to discuss how best to proceed and consider appropriate ordinance
revisions. The moratorium will not impact current permittees; rather, it applies only to new permit applications
under 12.56.240 (B) and (C).
VG:alj
S:\COUNCIL~Admins\12,56.240Amend.wpd
July 13, 2000
JL19RC.CC