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HomeMy WebLinkAbout08/16/2000 AGENDA PACKET PRE-MEETING 1. 2. (60 min) BAKERSFIELD CITY COUNCIL AGENDA MEETING OF AUGUST 16, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:'15 p.m. Regular Meeting - 7:00 p.m, ROLLCALL WORKSHOP a, Interviews ~rWa~ 5Interim Councilmember. CLOSED SESSION Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee organizations: Fire and Police. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 Ruby Rodriquez vs. City of Bakersfield, et al.; Kern County Superior Court Case No. 238531-SPC. REGULAR MEETING 1. INVOCATION by Bob Anderson, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Price of Proclamation to John Nilon, Executive Director of Employers' Training Resource, proclaiming August, 2000, as Career Services Center Alumni and Ambassador Month. PUBLIC STATEMENTS APPOINTMENTS a. Appointment and Oath of Office for Interim Ward 5 Councilmember. Staff recommends Council determination. (Ward 6) (Ward 5) (Ward 4) (Ward 3) (Ward 3) APPOINTMENTS continued b. One appointment to the Bakersfield Redevelopment Agency. Mayor recommends Council confirmation. CONSENT CALENDAR Minutes: a. July 19, 2000 Council Meeting. Payments: b. Payments from July 8, to August 4, 2000 in the amount of $10,263,259.77; and Self Insurance payments from July 8, to August4, 2000 in the amount of $424,258.04. Resolutions: Resolution of intention No. 1219 to add territory, Area 3-12 (Akers, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1221 to add territory, Area 2-23 (Wheelan Court) to the Consolidated Maintenance District s~nd preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 415, located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. Resolution adopting the amended Conflict of interest Codes for City of Bakersfield departments, boards, commissions, and committees. Resolution authorizing Investment Term longer than five years. Sanitary Landfill capping and closure: 1. Resolution regarding a budge", policy for landfill closure. 2. Transfer $169,000 from the Refuse Enterprise Fund to the Landfill Closure Fund. Sale of Surplus Real Property: 1. Resolution declaring real property located on east side of Oswell Street, 500 feet south of Highway 178, surplus to needs of the City. 2. Sales Agreement with Dinova Partners II for $6,000. -2- (Ward 4) (Ward 2) (Ward 4) (Ward4) (Ward 4) (Ward 4) (Ward4) CONSENT CALENDAR continued Resolution ordering Change of Proceedings to authorize additional improvements to be paid from proceeds of Specified Investment Earnings, Assessment District No. 94-3, (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen). Resolution confirming assessment for curb, gutter and sidewalk construction costs at 4040 Chester Avenue and authorizing the collection of assessments by the Kern County Tax Collector, Agreement with the property owner to pay curb, gutter and sidewalk construction costs in installments and notice of special assessment lien. Job specifications, saliary and title change for Fire Inspector and job specification and salary change for Industrial Wasta Inspector. Amendment No. 5 to Resolution No. 66-99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. Amendment No. 2 to Resolution No. 10%99 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 1999-00 to incorporate previous budget actions approved by the City Council. Amendment No. 2 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits, (salary change for Crime Prevention Supervisor). Agreements: o. Tract Maps/Improvement Agreements: 2. 3. 4. Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5658, Unit 8, located north of Hageman Road, west of Calloway Drive. Final Map and Improvement Agreementswith Coleman Homes, Inc. for Tract 5951, Unit 2, located south of Stockdale Highway, west of Buena Vista Road. Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5951, Unit 3, located south of Stockdale Highway, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430, Phase B, located north of White Lane, west of Old River Road. Final Map and ImprovementAgreementswith Castle & Cooke California, Inc. for Tract 5430, Phase F, located north of White Lane, west of Old River Road. -3- (Ward 4) (Ward 4) (Ward 1) (Wards 1,2,3) (Ward 1) 0Nard ,4.) (\Nards 1,2) CONSENT CALENDAR continued Final Map and I mprovementAgreements with Castle & Cooke California, Inc. for Tract 5430, Phase G, located north of White Lane, west of Old River Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5293, located north of White Lane, west of Old River Road. Final Map with ADH Corporation for Tract 5948, Phase B, located east of Oswell Street, south of Virginia Avenue. Agreement with Bakersfield City School District, $78,544 to conduct After-School Programs. qb Agreement with Craig Raudman's Victory Circle, Inc., $50,000 in form of a loan, to provide financial assistance for permit fees and equipment related to construction of a race car chassis sales and service facility. Agreement with Kern Delta Water District, Castle & Cooke California, Inc., and Mountain Vista Properties for canal relocation on Old River Road, between Pacheco Road and Campus Park Drive. Design Consultant Contract with Kleinfelder, Inc., $44,375 for soil analysis for the Mohawk Street Sewer Alignment, Phase Ii. Three Year Lease Agreement with American Business Machines to lease a Canon CLC-1000 copier, Canon Editor F-1 and Interface Board for Police Crime Lab. u. City Center Project: Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Real Property Acquisition Services. Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Environmental Review Services. Agreements with Kern Appraisal Company, $45,000, and Dallas Higdon & Associates, $15,000, for Appraisal Services. Agreement with Michael Brandrnan Associates, $65,000, for Environmental Review Services. Concurrence with Bakersfield Redevelopment Agency's Execution of a Revised Exclusive Right to Negotiate Agreement with Ray Olmscheid Development Group. Appropriate $125,000 Developer Contribution to the City Center Development Project Fund for reimbursable development costs. 8. CONSENT CALENDAR continued (Ward 5) (Ward 1 ) (Ward 2) (Ward 4) v. Disney Keys to Excellence Training Seminar: Agreement with Disney Institute,to conduct The Disney Keys to Excellence training seminar on November 14, 2000 and to share anticipated registration fees, not to exceed $59,150,. Agreement with Holiday Inn Select, for room rental, refreshments, and AV equipment for The Disney Keys to Excellence training seminar, not to exceed $20,000. Appropriate $103,250 revenue/expenses for training to Recreation and Parks Operating Budget within the General Fund. Restrictive Covenant Agreement with Bethany Services to create 20-foot non- buildable easement on property adjacent to Bakersfield Homeless Center. Amendment No. 1 to Agreement No. 97-306 with West Coast Land Service, a sole proprietorship to lease mineral rights in real property (5.207 acres)located at Yokuts Park and the Kern River. Amendment No. 3 to Agreement No. CA99~2 with Kimble, MacMichael & Upton for outside legal services. Appropriate $7,000 Fund Balance to the City Attorney's Office Operating Budget within the Sewer Enterprise Fund. Contract Change Order No. lto Agreement No. 99-304 with HPS Construction Company, $22,000 for trunk sewer replacement along South Chester Avenue from Planz Road to El Sereno Avenue. Bids: aa. Award Annual Contract to Stinson's, for office supplies, not to exceed $97,301.97. bb. Award Annual Contract to Safeway Sign Company, for traffic signs for the Public Works Department, not to exceed $49,166.62. CC. Accept Base Bid Only to Award Contract to Scales Construction, Inc., $371,718.96 for Lake Street reconstruction from Robinson Street to Brown Street. dd. Accept bids from GCS Western Power and Equipment, $372,908.25, and Nixon- EGLI Equipment Company, $252,895.50, for five street sweepers (three additional, two replacement) for the Public Works Department. ee. Accept bid from Farm Pump and Irrigation, $371,180 for drilling, casing and pump testing two (2) gravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Department. -5- (Ward 1 ) (Ward 5) (Ward 5) (Ward 6) (Ward 1) CONSENT CALENDAR continued ff. Award Contract to Heisler Landscape, $64,875.18 for provision and installation of playground equipment and temporary construction fencing at Dr. Martin Luther King, Jr. Park. gg. Award Contract to Malibu Pacific Tennis Courts, inc., $114,021 for provision and installation of playground equipment and temporary construction fencing at Jastro Park: 1. Appropriate $52,111 Fund Baliance to the Recreation and Parks Capital Improvement Budget within the Park improvement Fund. hh. Reject all bids for provision and installation of playground equipment at Centennial Park. ii. Reject all bids for provision and installlation of Playground Equipment at Grissom Park. jj. Accept bids from Myriad Solutions, incorporated; Microlink Enterprise, Incorporated; Creative Computer; Socrates Computer Systems; KIS Computer Center; GST/Micro City; and CompuCom Systems, Incorporated to purchase personal computers, monitors, and miscellaneous equipme~% not to exceed $350,000. Miscellaneous: kk. Revisions to Miscellaneous Civil Service Rule 6.01 ~ Eligible Lists Established and Rule 6.02 - Tie Scores. Il. Appointment of League Voting Delegate and Alternate to Annual Conference. mm. Notice from Gary Garone Farms to exercise option to extend Plant 2 Municipal Farm Lease Agreement No. 95-310. nn. Sale of one (1) used police K-9 sedan to Kern County Department of Parks and Recreation for $2,000. Staff recommends adoption of Consent Calendar Items a. through nn. -6- HEARINGS Staff comments will be made by Development Services Director Jack Hardisty on Hearing items a. through e. (Ward 4) Final Environmental Impact Report General Plan Amendment/Zone Change P99-0482: Kyte Carter proposes a Final Environmental Impact Report, General Plan Amendment P99-0482 and ordinance, The project is 170 acres, located between Olive Drive, Fruitvale Avenue, Highway 99 and north of Downing/Gilmore Avenues (extended), Resolution certifying the Final Environmental Impact Report for General Plan Amendment P99-0482. Resolution adopting the General Plan Amendment to change land use designation from Light Indusl:rial and Heavy Industrial to Low Density Residential, Low Medium Density Residential and General Commercial. Also a Circulation Element Amendment to delete Mohawk Street as an Arterial north of Hageman Road, swing Hageman Road north and attach to Highway 99/204, change Hageman Road from a Collector to an Arterial between Mohawk Street and Knudsen Drive. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 102-15 and 102-22 from Light Manufacturing, General Manufacturing and Heavy Manufacturing to (:)ne Family Dwelling zone, Limited Multiple Family Dwelling and General Commercial zones, upholding the decision of the Planning Commission and denying the appeal by Olive-Landco Associates to the conditions of approval. Staff recommends adoption of the resolutions certifying the EIR and approving the EIR and General Plan Amendment, denial of the appeal and first reading of the ordinance. -7" (Ward 4) (Wa~s2,5) HEARINGS continued b. General Plan Amendment and Zone Change No. P00-0235: Castle & Cooke California, Inc. is requesting a General Plan Amendment to change the land use designation from High Medium Density Residential to Low Density Residential on 8.62 acres and to change the zoning from Planned Unit Development to One Family Dwelling on 65.44 acres. The project site is located south of Campus Park Drive, west of Old River Road. Resolu[ion adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from High Medium Density Residential to Low Density Residential. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 from Planned Unit Development to One Family Dwelling upholding the decision of the Planning Commission and denying the applicant's appeal to the conditions of approval. Staff recommends adoption of the resolution and first reading of the ordinance approving the project and denying the appeal. c. General Plan Amendment/Zone Change P00-0236: Halferty Development Corporation, LLC, has requested an amendment to the Metropolitan Bakersfield 2010 General Plan and a Zone Change for property located along the south side of Ming Avenue, between Canter Way and Rain Tree Court. Generel Plan Amendment P00-0236, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from High Medium Density Residential to General Commercial on 5.14 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-10 and 123-11 changing the zoning district from One Family Dwelling Church and Limited Multiple Family Dwelling to Planned Commercial Development on 5.14 acres. Staff recommends adoption of the resolution and first reading of the ordinance. 0Nard ,4) (\Nard 4) HEARINGS continued d. General Plan Amendment/Zone Change P00-0238: Tom Teagarden representing KARPE requests to amend the Metropolitan Bakersfield 2010 General Plan: General Plan Amendment No. P00-0238 and Ordinance. The project covers approximately 3.58 acres located along the north side of Brimhall Road, east of Jewetta Avenue. General Plan Amendment P00-0238, a Land Use Element Amendment from General Commercial and Suburban Residential to Low Medium Density Residential. Ordinance amending Title 17 of'the Bakersfield Municipal Code and Zoning Map No. 102-30 from Neighborhood Commercial and Estate to Limited Multiple Family Dwelling zone. Staff recommends adoption of the resolution and first reading of the ordinance. e. General Plan Amendment/Zone Change No. P00-0253: DeWalt Corporation has requested an amendment to the Metropolitan Bakersfield 2010 General Plan and a zone change for property located along the northwest corner of Calloway Drive and Meacham Road. General Plan Amendment P00~0253, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from Low Density Residential to General Commercial on 3.93 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-19 changing the :zoning district from One Family Dwelling to Planned Commercial Development. Subject site consists of 3.93 acres. Staff r~commends adoption of the resolution and first reading of the ordinance. 10. REPORTS Oral Report by Councitmember Mark Salvaggio on Kern Council of Governments meeting of July 20, 2000 regarding Faiffax interchange request and Rosedale ~ Rio Bravo Water Storage District recommendation for mitigation related to Highway 58. Staff recommends acceptance of repert. -9- 11. 0Nard 1) DEFERRED BUSINESS a. Ambulance Rate Review Process. The Budget and Finance Committee recommends continuing the current rate re view process and to have staff provide ambulance rate survey information to the Council prior to the rate review hearing. b. Ice Rink Studies. The Community Services Committee recommends placing the feasibility study and preliminary design work on hold, until lhe status of the City Center project is more c/ear. c. Ordinance amending Bakersfield Municipal Code Section 1.12.010 by adding Annexation No. 409, located north of Bear Mountain Blvd., west of Faiffax Road. (First Reading 7/19/00) Staff recommends adoption of ordinance. 12. (Ward 5) NEW BUSINESS Ordinance amending Section 14 Subsection (a) of Ordinance No. 2518 of the Bakersfield Municipal Code refating to the Cable Television Franchise of Time Warner Entertainment Advance/New House. Staff recommends first reading of the ordinance. Ordinance repealing Section 15.64.180 of the Bakersfield Municipal Code regarding Unsupervised Fuel Dispensing. Staff recommends first reading of the ordinance. Bakersfield Heart Hospital: (Staff comments by Development Services Director Jack Hardisty) Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 10,2-24 by changing the zoning from a Planned Commercial Development zone to a revised Planned Commercial Development zone to add a helistop, to revise the medical office building and hospital wing on 10 acres, located at 3001 Sillect Avenue. (File# P99-0911 ) Agreement and comment to dedicate right-of-way and to construct improvements. Staff recommends first reading of ordinance and approval of the agreement. -10- 12. (Ward 4) (Ward 4) NEW BUSINESS continued Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 410, located between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. Staff recommends first reading of ordinance. Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 411, located north of S'!ockdale Highway, between Allen and Jenkins Roads. Staff recommends first reading of ordinance. 13, COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\CounciI\AGENDA~AUG1600.wpd August 10, 2000 (2:52pm) -11- B A K E R S F I E L D MEMORANDUM TO: FROM: THROUGH: SUBJECT: AUGUST 11, 2000 HONORABLE MAYO/O/O~.D CITY COUNCIL JOHN W. STINSON¢, ASSISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - AUGUST 16, 2000, COUNCIL MEETING PRE-MEETING The workshop will have interviews for the Ward 5 Interim Councilmember. Applications are under the appointment section of the agenda. There are six applicants: Jeffrey Green, Harold Hanson, Jim Marine, Rich O'Neil, Tim Ruiz and Robert Russo. There are two dosed session items: 1) a conference with Labor Negotiator William Avery regarding Fire and Police negotiations, and 2) a conference with legal counsel regarding existing litigation, Ruby Rodriquez vs. the City of Bakersfield. APPOINTMENTS There is the appointment and Oath of Office for Interim Ward 5 Councilmember. Also, there is an appointment to the Bakersfield Redevelopment Agency. The Mayor is recommending Leonard Schroeder for the Redevelopment Agency position. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: 8c. Resolution of Intention to add territory, Area 3-12 (Akers, McKee SVV) to the, Consolidated Maintenance District. A request has been received from the owner of this tract to be included in the Consolidated Maintenance District. Inclusion in the Consolidated Maintenance Distdct will provide for the maintenance of a public park and street landscaping. The area is generally bounded by McKee Road on the north, Akers Road on the east, a line 1/4 mile south of McKee Road on the south and a line 3/8 of a mile west of Akers Road on the west. This area will be under the park and streetscape zone of benefit and when a park has been constructed and street landscaping has been installed, assessed an amount for park tier 1 and street tier 1. HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page -2- 8d. Resolution of Intention to add territory, Area 2-23 (VVheelan Court) to the Consolidated Maintenance District. A request has been received from the owner of this tract to be included into the Consolidated Maintenance District. This will provide for maintenance of public median and street landscaping. The area is generally bounded I~y Ardmore Avenue on the nori:h, Akers Road on the east, the alley north of Parker Avenue on the south and a line 630 feet west of Akers Road on the west. The area will be under the streetscapa zone of benefit and assessed an amount for street tier 1. 8e. Resolution of Applicafion proposing proceedings for annexation of uninhabited territory to the City of Bakersfield located along the west side of Jewetta Avenue to Old Farm Road, south of Haqeman Road. This proposed annexation consists of approximately 122 acres of uninhabited land located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. The property owner has consented to annexation and wishes to receive City services. 8f. Resolution adopting the amended Conflict of Interest Codes for City of Bakersfield departments, boards, commissions, and committees. State law requires that each governmental agency review its Conflict of Interest Code every two years in order to determine that the current Code is accurate or requires amending. Recommended changes include adding new designated positions, revising titles of existing positions, adding responsibilities to existing positions, and deleting abolished titles and positions no longer requiring designation. 8q. Resolution authodzinal investment term Ioncler than five years. State law and the City Investment Policy require City Council authorization for investments with a term longer than five years. Staff is requesting autlhodzation to make investments in triple A rated federal agency bonds, notes, or debentures with a maximurn term of ten years from purchase date with a return rate of at least 8%. Specifically, investments will be madE; in any of the following agenoies which are authorized in the City Investment Policy: Federal Farm Credit Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corporation and Federal National Mortgage Association. This authorization would be valid for three months from approval date as provided by Government Code and City Investment Policy. The authorization would allow staff to lock in higher rates if rates are increased in the next three months. 8h. Sanitary Landfill capping and closure. State regulations require a final capping and closure of the former Bakersfield Sanitary Landfill. Currently $189,000 has been budgeted arid set aside for a landfill closure reserve. The City has entered into an agreement with the Co~unty which will change the commercial disposal fee from a volume t¢, a tonnage basis. Staff estimates that this will result in approximately a $500,000 reduction in cost per year. Staff has reviewed the possibility of utilizing these potential savings towards the funding of the landfill closure. This was review by the Budget and Finance Committee who are recommending that 1) the City continue to budget $85,000 each year for the landfill closure directly, 2) the City continue to budget for disposal fees on a volume basis, and 3) transfer the amounts budgeted for the project and any Refuse Enterprise Fund balance at year end to a Landfill Closure Fund. HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page 8i. Sale of Surplus Real Property. The State relinquished four road remnants in the Oswell Street area to the City in 1970. The Dinova Partners Ii has requested to purchase a small portion of one parcel located at the southeast corner of Highway 178 and Oswell Street to incorporate into their adjoining development. Staff is recommending the sale of the property for a pulrchase pdce of $6,000. 8i. Resolution ordering Change of Proceedings to authorize additional improvements to be paid from proceeds of Specified Investment Earnings, Assessment District No. 94-3, (Silver Creek/Bdmhall North/Seven Oaks/South Laurelglen),~ This assessment was to build improvements for five noncontiguous areas being developed from the sale of bond proceeds. 'The developer, Castle and Cooke, did not construct all the improvements originally bonded for in a timely manner and interest earnings have accrued over the years. The Assessment Engineer has prorated the additional investment earnings to all five areas within the district. These funds can be utilized to pay for additional public improvements, which are in addition to the improvements originally authorized for the assessment district. The utilization of these additional funds will not increase the property owners' assessments nor lengthen the time of payments. The use of the interest earnings will help build additional roads and landscaping needed to enhance four out of five of these areas. The fifth area has no additional improvements and the investment earnings for that area will be used to call bonds and shorten the length of time property owners wou~d have to pay. Any remaining funds in the four areas wilt also be used to call bonds and shorten the length of payments. 8k. 4040 Chester Avenue curb, gutter and sidewalk. To assist in paying the construction costs for curb, gutter, and sidewalk,, the property owner at 4040 Chester Avenue has entered into an agreement with the City to spread the construction costs over a three-year period, interest free, to be collected with their property taxes in accordance with the Municipal Code. This resolution authorizes the County Tax Collector to collect the construction costs in three equal payments over the next three years. 81. Job specification, salary and title change for Fire Inspector and salary chanqe for Industrial Waste Inspector. At the request of SEIU, staff conducted a classification/compensation study for the positions of Fire Inspector and Industrial Waste Inspector. Based on this analysis, changes to the job specification and salary are being recommended. A change in the Fire Inspector title is also recommended. The Personnel Committee has reviewed the proposed changes end recommends adoption contingent on approval by the Miscellaneous and Fire Civil Service Boards. 8m Amendment No. 2 to Resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budqets for Fiscal Year 1999-00 to incorporate previous budget actions approved by the City Council. This is essentially a clean-up item which incorporates actions previously taken by the City Council regarding the 1999-00 budget. 8n. Salary change for Cdme Prevention Supervisor. Due to additional responsibilities and programs overseen by the Crime Prevention Supervisor, a salary adjustment is being recommended. The salary adjustment would bdng this position more in line with other similar civilian positions within the Police Department. HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page -4- Agreements: 8p. Agreement with Bakemfield City School District, in the amount of $78,544 to conduct after- school programs. This is our agreement with the Bakersfield City School District to provide after- school programs. The five schools included in the ;agreement are Casa Loma, William Penn, and Stella Hills elementary schools, and Sequoia and Washington middle schools. 8q. Agreement with Craig Raudman's Victory Cimle, Inc., in the amount of $50,000 in the form of a loan, to provide financial assistance for permit fees and equipment related to construction of a race car chassis sales and service facility. Victory Circle is constructing a new 21,000 sq. ft. sales and service facility on four acres at 700 South Mt. 'Vernon Avenue in the Gateway Business Park in southeast Bakersfield. The proposed $50,000 City loan will be used to pay for the building permit fees with the remaining funds going to purchase new equipment for this project. The source of funds is Community Development Block Grant (CDBG) monies. The terms of the assistance would be in the form of a 0% percent interest loan with one balloon payment at the end of five years. The company is required to have 51% of all new hires be Iow and moderate-income individuals. The company would enter into a first source hidng agreement with Employer's Training Resource. If the company is not in full compliance with the terms of the agreement, they will be required to repay the total amount loaned. In addition to the City CDBG loan to the company, Redevelopment assistance of up to $20,000 is being proposed from the tax: increment generated from this project. The Redevelopment Agency will be reviewing a proposed financial assistance agreement at its August 14th meeting. 8r. Agreement with Kern Dellta Water District, Castle & Cooke California, Inc., and Mountain Vista Properties for canal relocation on Old River Road, between Pacheco Road and Campus Park Drive This agreement will allow for Old River Road to be constructed southerly from Campus Park Drive to Pacheco Road and eventually Panama Lane. It also allows the irrigation ditch and canal to be relocated in such a way thai: all parties in the agreement benefit and will fulfill the requirements of Tentative Tract 5848. 8s. Aqreement with Kleinfeider, Inc., in the amount of $441375 for soil analysis fbr the Mohawk Street Sewer Aliqnment, Phase II. Phase I of this project constructed a sewer line in Brimhall Road from Coffee Road eastward beneath the Friant-Kern Canal. The second phase will continue the sewer line easterly to serve the Doubletree Hotel area. The proposed alignment crosses the Equilon Refinery and existing soil conditions along this alignment need to be verified prior to bidding and construction. This agreement hires a firm to sample and analyze the soil along the alignment of the sewer. Staff is recommending approval of the agreement with Kteinfelder as most beneficia~ to the City based on qualifications and price. 8t. Three-year lease aqreement with American Business Machines to lease a Canon CLC-IO00 copier, Canon Editor F-1 and Interface Board for Police Crime Lab. Staff is recommending the replacement of the copy machine in the Crime Lab with a new machine in order to meet certain quality specifications for the printing of colored crime scene photographs used as evidence in criminal cases. HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page -5- 8u. City Center Proiect. The first item is an agreement for reimbursement of costs associated with real property acquisition services including appraisals and review appraisals. The second agreement is to reimburse the City for costs associated with the required environmental review of the City Center Project and requires the developer to reimburse the City for costs (exclusive of City staff costs). Since part of the City Center Project entails a City-owned facility, staff believes the City should bear its own staff costs, instead of having the developer pay both the staff costs and the environmental consultant costs. The third item includes agreements for appraisal services with Kern Appraisal Company and Dallas Higdon and Associates. Kern Appraisal specializes in commercial/industrial properties and includes subcontracting for residential work to Michael Burger to provide a well-balanced appraisal team. The review appraiser is recommended to be Dallas Higdon. The fourth item is the agreement with Michael Brandman Associates to perform the environmental review services for the project. The fifth item is a concurrence with the Bakersfield Redevelopment Agency's execution of a revised Exclusive Right to Negotiate Agreement with Ray Olmscheid Development Group, which would include the AME Church property as part of the project site and inclusion of a new site map in order to resolve any confusion regarding which properties were included or excluded from the agreement. As a reminder, this agreement does not commit the City or the Agency to take any action in furtherance of the Project except to negotiate in good faith and to achieve a Disposition and Developmer~t Agreement that is acceptable to the parties. The sixth item appropriates the $125,000 developer contribution to pay for the appraisals and environmental review. 8v. Disney Keys to Excellence Training Seminar. In April of 2000, the Recreation and Parks Department hosted the Disney Keys to Management Excellence Customer Service Training Program. Based upon the success of that effort, the Disney institute has requested that the City host a new training on November 14, 2000. The naw program will cover topics such as creativity and innovation, developing customer loyalty, and quality service. The agreement provides that the department will distribute brochures, secure meeting facility and handle registration and meals. This agreement also provides for the split of revenue between the City and the Disney Institute. The anticipated additional revenue to the City from this training is proposed to be used to purchase one additional trailer and to fund equipment and staff to begin the mobile recreation program. 8w. Restrictive Covenant Aqreement with Bethany Services to create a 20-foot non-buildabte easement on property adjacent to the Bakersfield Homeless Center. The Bakersfield Homeless Center intends to construct a building on its property. In order to avoid the costly expense of one- hour rated construction, the Center has asked the City to establish a 20-foot non-buildable easement on the City's adjacent property. The ncn-buildable easement will allow the Center to accommodate the Center's expansion by constructing a building on their ~ot line. Because this is an easement that encumbers City property, it must be approved by the Council. 8x. Amendment to Agreement with West Coast Lan~ Service to lease mineral ric~hts in real property located at Yokuts Park and the Kern River. in 1997, the City Council approved an agreement with West Coast Land Service for the lease of mineral rights for property in the Kern River Channel and within Yokuts Park for the drilling of oil. The rent for the primary three-year term was $500. West Coast Land Service has requested that the primary term be extended for an additional three years with all other lease terms ~'emaining the same. The City will receive $500 for the three-year HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page -6- extension and any royalties due pursuant to the agreement should they produce in paying quantities. They cannot come on to the City's property, but rather drill from adjacent lands 500 feet below the surface. 8y. Amendment Agreement with Kimble, MacMichael & Upton for outside legal services. The City has previously retained Kimble, MacMichael & Upton as counsel in the bankruptcy litigation involving Valley Communities, Inc. and Buena Vista Lake properties regarding the City's purchase of 4,700 acres of land from Valley Communities, Inc. ,Additional work is required for outside counsel to finalize a settlement proposal with the debtors and to obtain bankruptcy court approval of the settlement agreement. The cost is not to exceed $7,000. 8z. Contract Change Order No. 1, in the amount of $22,000 to Agreement No. 99-304 with HPS Construction Company for the trunk sewer replacement alonq South Chester Avenue from Planz Road to Et Sereno Avenue. This change order is for removing and replacing approximately 1,500 feet of substandard median curb with full-height City Standard median curb on South Chester Avenue between Planz Road and the San Joaquin Valley Railroad. The specifications for the project require the contractor to replace any improvements damaged due to his operations. This change order allows the contractor to replace all of the median curb (even that which was not damaged by his operations) with standard full-height median curb so there will be a ,consistent City Standard median curb along this segment of South Chester Avenue. Bids: 8aa. Bid award for office supplies to Stinson's in the amount of $97,301.97. Staff received three acceptable bids and recommends award to Stinson's. 8bb. Bid awar~ for traffic SiClns for the Public Works Department to Safeway Siqn Company in the amount of $49,166.62. Staff received three acceptable bids and is recommending award to Safeway Sign Company. 8cc. Accept base bid onlly to award contract to Scales Construction, thC. for Lake Street reconstruction from Robinson Street to Brown Street in the amount of $371,718.96. This bid is for the third phase of the Lake Street reconstruction project. It included a base bid for reconstruction of Lake Street between Robinson Street and Brown Street and an additive alternate bid portion, which includes reconstructing Lake Street between Brown Street and Williams Street. There are only sufficient funds availablE; to award the base bid portion of this project. The remaining portion will have to be rebid next fiscal year as a fourth phase. Staff is recommending award to Scales Construction. 8dd. Bid award for five street sweepers to GCS Western Power and Equipment in the amount of $372,908.25, and Nixon-EGLI Equipment Company in the amount of $252,895.50. Staff received three acceptable bids and is recommending award 'For three air broom sweepers to GCS Western Power and Equipment, and for two mechanical broom sweepers to Nixon-EGLI Equipment Company. HONORABLE MAYOR AND CITY COUNCIL August11,2000 Page-7- 8ee. Bid award for ddllinq, casinq and pump testing for two (2) qravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Department to Farm Pump and Irdqation Company in the amount of $371,180. Staff received four acceptable bids and is recommending award to Farm Pump and Irrigation Company. 8ff. Award contract to Heister Landscape for provision and installation of playqround equipment at Dr. Martin Luther King, Jr. Park in the amount of $64,875.18. Staff received two acceptable bids and is recommending award to Heisler Landscape. 8gq. Award contract to Malibu Pacific Tennis Courts, Inc. for provision and installation of playground equipment and temporary construction fencinq at Jastro Park in an amount not to exceed $114,021. Staff received two acceptable bids and is recommending award to Malibu Pacific Tennis Courts, Inc. The total project cost is $122,221. Currently $70,110 is budgeted in Recreation and Parks Capital improvement Project budget. It is requested that an additional $52,111 from the Park Improvement Fund be appropriated to complete thE; project. 8hh. Reiect all bids for provision and installation of playqround equipment at Centennial Park. Staff received three bids. The lowest bidder neglected to include required unit pricing on the components. The other two bids exceed the project budget. Staff requests to reject all bids and rebid the project. 8ii. Reiect all bids for provision and installation of alayqround equipment at Grissom Park. Staff received two bids. The lowest bidder submitted improperly completed paperwork, leaving only one valid bid. Staff requests to reject alt bids and rebid the project. 8ii. Bid award for purchase of personal computers, monitors and miscellaneous equipment from Myriad Solutions, Incorporated; Microtink Enterprise, Incorporated; Creative Computer; Socrates Computer Systems; KIS Corr~puter Center; GST/Micn~ City; and CompuCom Systems, Incorporated, not to exceed $350,000. The pricing on these items was requested on a not to exceed per unit basis for vadous computer models and equipment available. This allows staff to negotiate for lower prices over the period of the award should the market prices drop. Bids were received from nine vendors and staff requests the award be split per unit as detailed in the administrative report. Miscellaneous: 8kk.. Revisions to Miscellaneous Civil Service Rule 6.01 - Eliqible Lists Established and Rule 6.02 - Tie Scores. Staff and the Public Employees Union have been working together to develop a standardized test for various positions in order to streamIine the testing process. The revision to Rule 6.01 allows successful candidates to form a class of positions to be placed on a common eligible list, which will be available to departments/divisions when a vacancy occurs. Subsequent performance testing will be conducted by individual departments/divisions. The revision to Rule 6.02 provides more consistency among the various Civil Service Boards and allows candidates in equal standing to be certified on the eligible list as a tie. This will eliminate the use of arbitrary measures to break ties and allow additional candidates to be referred to departments. The Employees Union endorses the revisions and the Miscellaneous Civil Service Board approved the revisions on July 18, 2000. HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page 811. Appointment of League Voting Deleqate and Alternate to Annual Conference. 'f'he Legislative and Litigation Committee is recommending that the Council appoint Councilmember David Couch as the League voting delegate and Councilmember Jacquie Sullivan as alternate. 8mm. Notice from Gary Garone Farms to exercise option to extend Plant 2 Municipal Farm Lease Agreement. Gary Garone Farms has submitted a notice to the City pursuant to the current lease agreement to exercise their option to extend the Municipal Farm lease for an additional five year period, from January 1, 2001 to December 31, 20616. Staff is recommending acceptance of the notice to extend the lease agreement. 8nn. Sale of one used police K-9 sedan to Kern County Department of Parks and Recreation for $2,000. The City has received a request from Kern County Department of Parks and Recreation to purchase one used K-9 sedan. The sale of surplus equipment is provided for in the Municipal Code and staff recommends the sedan be sold to the Kern County Department of Parks and Recreation for $2,000. HEARINGS 9a. Final Environmental impact Report, General Plan Amendment/Zone Change P99-0482. Kyle Carter is requesting adoption of the Final Environmental Impact Report, General Plan Amendment and Ordinance. The project is 170 acres, located generally between Olive Drive, Fruitvale Avenue, Highway 99 and north of Downing/Gilmore Avenue. This project was recommended for approval by the Planning Commission at its public hearing on June 15, 2000. There have been significant changes to the project over the course of the year as the project has been going through the environmental impact report process. The project involves the redevelopment of the abandoned sewage treatment plant for the North of the River Sanitation District, which relocated to a site near the City of Shafter. There were some initial concerns ]'egarding potential land use conflicts between proposed residential areas and nearby industrial businesses and facilities. This matter was resolved by agreement between the applicant and the industrial businesses to maintain a transition industrial area between the existing industrial and proposed residential development. The City Fire Department and the industrial users in the area are no longer expressing any concerns regarding the project. The second issue relating to the area's overall road system, but not part of this general plan was raised by an adjacent property owner (Olive-Landco Associates represented by Roger Mclntosh) who argued that Landco Drive should link up with a street along his property rather that Knudsen Ddve as shown on the Circulation Element of the General Plan. Subsequent to the adoption of the 2010 General Plan, the County unilaterally changed the map for future streets from Landco Drive connecting to Knudsen Ddve, although Olive-Lan¢lco Associates preferred an alignment which intersects Olive Drive at the Highway 99 interchange. The City is bound to follow its adopted General Plan and could not change the Landco Ddve alignment without proper notice to affected property owners and other agencies. Both City and County staff have agreed to study the Olive Drive/Highway 99 area to determine what might be done to alleviate the existing problems and optimize future street relationships. If the study indicates the City's circulation plan should be amended, then a change would be considered in notioed public hearings. If it is found the County's HONORABLE MAYOR AND CITY COUNCIL August11,2000 Page-9- map should be changed back to the odginal plan then the County would initiate a general plan amendment. In the meantime, Kyle Carter offered to dedicate right-of-way, which could be used to satisfy either plan and the Planning Commission aocepted this solution. As it is, the General Plan Amendment and existing Adopted Circulation Plan an~ consistent as required by State law. It would be improper at this time to amend the Circulatio~ Element with respect to the Landco Ddve alignment without proper analysis, notice and publio hearing. Staff recommends against granting the appeal, but does recommend that the condition be amended to reflect the intent to require the dedication '~to the extend necessary to comply with the City's adopted General Plan and traffic study as determined by the Public Works Director." Atthough the general plan for the Olive to Knudsen connection may not be amended in this proceeding, if the Council wishes such an amendment to be evaluated, Mr. Mclntosh's proposed realignmenl: may be referred to the Planning Commission for review and recommendation with due notice and hearing. A final issue arose regarding concerns by industrial property owners over noise typically generated by existing industrial uses along Seven Seas Avenue, which would probably result in complaints from the future adjacent multi-family residences. ']'he Planning Commission required a setback between the two uses which may only be used for sump sites, roads, parking or yard area subject to a noise study to vedfy that the noise level in the residential area is consistent with noise standards for "sensitive uses" found in the General Plan. Staff recommends adoption of the resolution certif'ying the EIR and approving the General Plan Amendment, denying the appeal and first reading of the ordinance. 9b. General Plan Amendment and Zone Chanqe No. P00-0235. Castle & Cooke California, Inc. is requesting a General Plan Amendment to change the land use designation from High Medium Density Residential to Low Density Residential on 8.62 acres and to change the zoning from Planned Unit Development to One Family Dwelling on 65.44 acres. The project site is located south of Campus Park DCive, west of Old River Road. The Planning Commission held public hearings for this project in June 2000. The project was recommended for approval by both staff and the Planning Commission. Staff has requested an additional condition for a second lane to be improved in front of that portion of land at the southeast corner of Campus Park Drive and Mountain Vista Drive, which is a 10-acre proposed school site. This condition was approved by the Planning Commission. The Planning Commission also added the condition that if the Buena Vista Canal is relocated, a six-foot high chain link fence shall be colqstructed concurrently along both sides of the canal. As well, if the Buena Vista Canal is not relocated, it shall be fenced on both sides prior to issuance of a building permit within 1/4 mile of the canal. These conditions were proposed and approved to protect the public health, safety and welfare. The first is to provide a safer route between the development along the south side of Campus Park Drive and the existing school fronting on Mountain Vista Drive. The second condition was required to discourage access to the canal by children. The applicant has submitted an appeal to both conditions. The applicant states that the second lane road improvement is not required by the Subdivision Map Act, nor is justified for purposes of health and safety. Staff and the Planning Commission disagree and believe that the improvement is necessary to adequately protect school children and others accessing Earl Warren Junior High School along Campus Park Drive and Mountain Vista Drive. The Planning Commission also added that if the 10-acre school site located at the southeast corner of Campus Park Drive and Mountain Vista Drive is sold to a no~q-governmental agency the applicant shall be HONORABLE MAYOR AND CITYCOUNCIL August11,2000 Page-lO- reimbursed by the developer of the site for improvements associated with construction of the second lane. The City Council has the authority to attach reasonable conditions of approval to general plan and zoning approvals to protect public health, safety and welfare. Regarding the appeal on the fencing requirement, the applicant states that upon development the canal wouM be fenced in conformance with the ordinance. The Planning Commission on finding that the ordinance would only require fencing of the canal immediately adjacent to the subdivision or phase of the subdivision, determined that to adequately protect the public health, safety and welfare, the canal must be fenced immediately upon relocation of if not relocated, prior to an issuance of a building permit between 1/4 mile of the canal. Staff: is recommending the City Council deny applicants appeal as submitted and approve the General Plan Amendment as recommended by the Planning Commission. 9c. General Plan Amendment/Zone Chanqe P00-0236. Halferty Development Corporation has requested an amendment to the General Plan and a zone change for property located along the south side of Ming Avenue, between Canter Way and Rain Tree Court. The applicant proposes to demolish the existing Fellowship Bible Church, 16 apartment units and develop the site to a shopping center consisting of 71,500 square feet of ftoor area with retail and restaurant uses. Most of this site is vacant and has never been developed. (70% of the site is a dirt lot.) There would be a main tenant building and three free-standing pads, two of which involve restaurants. The Planning Commission is recommending approval of the Negative Declaration, General Plan Amendment and zone change with extensive changes to the project, issues raised by opponents included an increase in traffic on Ming Avenue, lack of proper streets and controlled Canter Way intersection for deliver trucks; lights, noise and congestion in the parking lot; lights being on all night and their affect on the apartments along Rain Tree Court and the condominiums along Ming Avenue; and vandalism. The applicant has met with the adjoining property owners at two neighborhood meetings. Extensive changes to the project design were made to address the concerns expressed by the neighborhbod. Based on the remaining concerns, the Planning Commission added 13 conditions of approval to address access, lighting, loading dock design, building setbacks, landscaping, parking and trash bin locations. Staff is recommending adoption of the resolution and first reading of the ordinance. 9d. General Plan Amendment/Zone Change P00-0238. Tom Teagarden, representing KARPE, requests to amend the General Plan for a project covering approximately 3.58 acres located along the north side of Bdmhail Road, east of Jewetta Avenue. The purpose of the proposal is to increase the size of the Iow-medium density residential and limited multiple-family dwelling zoning to 7.7 acres for future development of the site. This would allow a larger buffer between the commercial area and the comer of Jewetta and Bdmhall and the single family residential area to the east. There are no sites available for multi-family residential ,development for more than ~ mile. Staff is recommending adoption of the resolution and first reading of the ordinance. 9e. General Plan Amendment/Zone ChanRe No. P00-0253. DeWalt Corporation has requested an amendment to the General Plan and a zone change for property located along the northwest corner of Calloway Ddve and Meacham Road. The applicant proposes to develop the site as a restaurant facility with fine dining in the existing dwelling, with two casual dining structures and relaxation areas distributed around the site. Outdeor activities will include weddings, and a deck HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page -11- for dining and socialization adjacent to the existing house. Gazebos will be available for garden weddings. Virtually all existing trees will be allowed to remain including some of the oak and eucalyptus trees. A 105 year old single-family dwelling, 80 year old oak trees and 100 year old eucalyptus trees are located on the site. The site is located adjacent to a residential area. The Planning Commission is recommending approval of the Negative Declaration, General Plan Amendment and zoning change amendment and required several changes to the site plan. The applicant conducted neighborhood meetings and redesigned the project to address concerns expressed. Staff received few calls or letters from this neighborhood expressing opposition to this project. Issues raised by opponents of the project include: light and glare; increase in traffic bringing safety concerns for children; and serving alcohol just outside the 600 foot separation distance between a school and an establishment serving alcohol. Staff recommends adopting the resolution and first reading of the ordinance. REPORTS 10a. An oral report by Councilmember Mark Saivaqgio on Kern Council of Governments meeting of July 20th regardinq Fain"ax interchange request and Rosedale - Rio Bravo Water Storaqe District recommendation for mitiqation related to Highway 58. Councilmember Salvaggio requested to provide the Council an update on activities of the Karn Council of Governments. DEFERRED BUSINESS 11a. Ambulance Rate Review Process. Councilmember Carson referred the issue of the ambulance rate review process to the Budget and Finance Committee. Staff provided information on the rate review process and ambulance rate survey information. The Budget and Finance Committee is recommending continuing the, current rate review process and haw,~ staff provide ambulance rate survey information to the Council prior to the rate review headng. 11b. Ice Rink Studies. This item had been listed in order for the full City Council to review a recommendation from the Community Services Committee. Late and new infon'nation arrived on Friday. The staff now wishes to pull the item from this agenda. Negotiations are in process between City Center Developers and the prospective tenant. More time is needed. The administrative report was already pdnted and did not reflect this change. 11c. Ordinance amendinq the Municipal Code addinq Annexation No. 409, located north of Bear Mountain Blvd., west of Fairfax Road. This annexation is due to the expansion of the City's wastewater treatment facility and is uninhabited. NEW BUSINESS 12a. Ordinance amendinq the Municipal Code relatinq to the Cable Television Franchise of Time Warner Entertainment Advance/New House. This ordinance will allow Time Warner Entertainment a 24-month franchise fee exemption for its high speed Internet service. The public headng for this ordinance is scheduled at the time of second reading of the ordinance on August 3,0, 2000. HONORABLE MAYOR AND CITY COUNCIL August 11, 2000 Page -12- 12b. Ordinance repealing a Section of the Munidpal Code reqarding unsupervised fuel dispensing. The City currently has 40 gas station facilities that utilize card readers. Considering the technological advances in both safety and leak detection monitoring, the Fire Department feels it is appropriate for these stations to be able to operate after hours unsupervised. Adoption of this ordinance would repeal this section of the Municipal (;ode and permit these facilities to operate like a cardlock facility affer hours. Enforcement would then be in accordance with the existing California Fire Code language. 12c. Bakersfield Heart Hospital. The Bakersfield Heart Hospital is requesting a zone change approving a revised PCD zone for the Bakersfield Heart Hospital campus. The request includes approval of a helistop, a revision to the medical office building location and configuration, and the revision of the footprint of the hospital wing. ThE; hospital proposes to construct parking and landscaping within the dght~of;way of the future Silllect Avenue alignment and the Oak Street/Sillect Avenue intersection. Construction of the Oak/Sillec[ street improvements is tentatively scheduled to take place in 7 to 10 years. To provide for the future street improvements for the Oak Street and Sillect Avenue intersection, the applicant has consented to enter into an agreement between the hospital and the City which identifies each party's responsibilities related to the hospital's ability to use the City's right-of-way for temporary parking until such time as the City constructs the Oak Street/Sillect Avenue alignment. Staff is recommending the first reading of the ordinance and approval of the agreement. 12d. Ordinance addinq Annexation No. 410, located between Allen and Jenkins Roads, north of Bdmhall Road to Rosedale Highway. Property ownars have requested annexation to receive City services. The territory consists of 144 acres with four residents. 12e. Ordinance addinq Annexation No. 411, located north of Stockdale Highway, between Allen and Jenkins Roads. This site consists of a single-family home on ~ acre. The property owner requested annexation to receive City services. There are two residents. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Workshop j ITEM: 2.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cle~-''/ August 1, 2000 Interviews for Ward 5 Interim Councilmember APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY J'/~----' CITY MANAGER ~ RECOMMENDATION: Staff recommends Council conduct interviews. BACKGROUND: As per Council Policy adopted July 19, 2000, interviews of all applicants shah be conducted during the Workshop portion of this meeting. Applications can be found under the Appointment Section of the Council Agenda Packet. pmc August 1, 2000 (2:55PM) S:\Council\admins~ADMINS~AU G 1600.WK.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Closed Session ITEM: 3. a. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney July 28, 2000 APPROVED DEPARTMENTHEAD~ CITY ATTORNEY .? CITY MANAGER SUBJECT: Conference with Labor Negotiator, William Avery, pursuant to Government Code section 54957.6. Employee organizations: Fire and Police. RECOMMENDATION: BACKGROUND: BJT:laa AU16CA2.CS July 28, 2000, 2:23pm ADMINIST 'Ir'IVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney July 28, 2000 APPROVED DEPARTMEN'r HEAD ~--~-'~ CITY ATTORNEY ~ CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 Ruby Rodriguez v. City of Bakersfield, et aL; Kern County Superior Court Case No. 238531-SPC RECOMMENDATION: BACKGROUND: BJT:laa AU16CA1.CS July 28, 2000, 2:19pm ADMINISTRATIIVE REPORT IMEETING DATE: August '16, 2000 AGENDA SECTION: Presentations 'I'EM: 5. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob Price July 20, 2000 APPROVED DEPARTMENT HEAD~z/f~f' CITY ATTORNEY C WMA.^OER Presentation by Mayor Price of Proclamation to John Nilon, Executive Director of Employers' Training Resource, proclaiming Augu..,t, 2000, as "Career Services Center Alumni and Ambassador Month". RECOMMENDATION: BACKGROUND: Jury 20, 2000, 10:12am ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Appointments ITEM: 7 .a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Pamela A. McCadhy, City Clerk August10,2000 DEPARTMENT HEAD ~ crr~ATIORNEY~ CITY MANAGER _ Appointment and Oath of Office for Interim Ward 5 Councilmember RECOMMENDATION: Staff recommends Council determination. BACKGROUND: On July 19, 2000 the City Council adopted a Policy Resolution regarding City Council vacancies and the process to be used to fill the unexpired term of Councilmemeber Randy Rowles, who resigned effective July 30, 2000. Accordingly, the following steps were taken: A Press Release regarding the recruitment was sent on July 20, 2000 · Anoticeofvacancywaspostedandpul:~lishedinTheBakersfieldCalifornianonJuly24,2000 and August 2, 2000 Applications were accepted from July 20, 2000 through August 9, 2000 Interviews were scheduled for August 16, 2000 at 5:15 p.m. and all applicants were notified by mail The term of office is approximately four months and will begin upon appointment and continue until a Councilmember is elected, qualified and assumes offiice, in December 2000. Six applications have been received from the following individuals listed below in alphabetical order: Jeffrey A. Green , Harold Hanson Jim Marino · Rich O'Neil Pmc August 10, 2000, 10:38AM S:\Council~admins~ADMINS~AU G1600,APT.vl~d ADMINISTRATIVE REPORT F'age 2 Applicants - Continued ,- Tim Ruiz · Robert Russo Thc.individual applicant receiving a majority of the votes cast in the "first round vote," and/or in the runoff, shall be deemed appointed to the position. Resolution 187-99 adopting the City Council voting policy for appointments other £han the Planning Commission is provided as reference. Pmc August 10, 2000, 10:38AM S:\Council\admins~ADMI NS~AU G1600.APT.vcd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Appointments ITEM: 7 · b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk August 7, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER One appointment to the Bakersfield Redevelopment Agency. RECOMMENDATION: Mayor recommends Council confirmation. BACKGROUND: One appointment to the Bakersfield Redevelopment Agency, due to the resignation of Houghton Miller, whose term expires Apdl 22, 2002. A request to fill thE: unexpired term has been received from Leonard Schroeder, a copy of his application is provided for your information. Mr. Schroeder is currently a member of the Citizen's Community Services Advisory Committee and will resign his position upon appointment to the Bakersfield Redevelopment Agency. The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the reminder of their term. The agency transacts business and exercises its powers under community redevelopment law. The Bakersfield Redevelopment Agency has authority to approve all development agreements subject to approval by the City Council two-thirds vote. Meetings are held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun AvenuE;. S:\Bds&Com m\BRDA~ADMI N0800.',&od August 8, 2000, 4:54PM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCadhy, City Clerk August 8, 2000 APPROVED DEPARTMENTHEAD CITY ATTORNEY N/A CITYMANAGER Minutes of the regular Council meeting of July 19, 2000. RECOMMENDATION: BACKGROUND: bz S:\Council\ad mins~ADMINS~AUG 1600.wpd August 8, 2000, 12:44pm ADMINISTRA'rlVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: $. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 4, 2000 APPROVED DEPARTMENT HEAD/~/'~ CITY ATTO NI~NEE~ CITY MANAGER Approval of department payments from July 8, 2000 to August 4, 2000 in the amount of $10,263,259.77 and self insurance payments from July 8, 2000 to August 4, 2000 in the amount of $424,258.04. RECOMMENDATION: Staff recommends approval of payments totaling $10,687,517.81. BACKGROUND: s:~cctpay~adminf~l .wpd nk$ ADMINISTRATIVE REPORT l MEETING DATE: August 16, 2000 AGENDA SECTION: Consent ,Calendar ITEM: 8 .c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 28, 2000 APPROVED DEPARTMENT HEAD C, MANA E. Resolution of Intention No. 1219 to add territory, Area 3-12 (Akers, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 5944, to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 3-12 (Akers, McKee SW), to the Consolidated Maintenance District. Area 3-12 is generally bounded by McKee Road on the north, Akers Road on the east, a line 1/4 mile south of McKee Road on the south and a line 3/8 mile west of Akers Road on the west. This area will be under the park and streetscape zones of benefit and when a park has been constructed and street landscaping has been installed, assessed an amount for park tier 1 and street tier 1. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described in Tentative Tract No. 5944 which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district precess, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwellin~cl unit, a covenant has been drafted and will be supplied to the subdivider/dew,loper to be recorded with any future subdivision maps. A copy of this covenant is attached for reference. Ivd July 25, 2000, 1:55pm S:'tPROJECTS'W1AIN DIST~,DMIN RPT~md3~~ 2 ri00.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 3, 2000 APPROVED DEPARTME.T .EAD Cl~ MANAGER ~ Resolution of Intention No. 1221 to add territory, Area 2-23 (Wheelan Court) to the Consolidated Maintenance District and preliminarily adopting, confirmiing and approving Public Works Director's Report. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract Map No. 5996, to be incJuded into the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of public median and street landscaping. Area 2-23 is generally bounded by Ardmore Avenue on the north, Akers Road on the east, the alley north of Parker Avenue on the south and a line 630 feet west of Akers Road on the west. This area will be under the streetscape zone of benefit and will be assessed an amount for street tier 1. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described in Tentative Tract No. 5996 which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. S:~PROJECTS\MAINDIST~ADMINRPT~rnd2-23ri0.wpd August 3, 2000, 4:36PM ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent ITEM: $. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 1, 2000 .~PP_~VED DEPARTMENT H~~_~ c.,, CITY MANAGER A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identifiad as Annexation No. 415 located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 415 to the City of Bakersfield. The proposed annexation consists of approxirriately 122 acres of uninhabited land located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. The property owner has consented to annexation and wishes to receive city services. MO:Mt admin~ug\8-16-a415 August 1, 2000, 8:38AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 ,AGENDA SECTION: Consent Calendar ITEM: 8.-F. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager July 26, 2000 APPROVED DEPARTMENT HEAD _(~ CITY ATTORNEY ~J(.~ CITY MANAGER ~ Resolution adopting the amended Conflict of Interest Codes for City of Bakersfield departments, boards, commissions, and committees. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Political Reform Act requires that each governmental agency review its Conflict of Interest Code every two years. The agency is to determine if the current Code is accurate or requires amending. The current Code was reviewed by the City Manager, then provided to each department head with recommended changes. Those changes included adding new designated positions, revising titles of existing positions, adding responsibilities to existing positions, and deleting abolished titles and positions no longer requiring designation. The proposed Conflict of Interest Codes are attached and incorporated by reference into the resolution as Exhibit "A". JWS\MGA\Isc Attachment July 27, 2000, 11:17am S:\COUNCIL~Admins\confinterestl.res..x ADMINISTRA'I'IVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 31, 2000 APPROVED DEPARTMENT HEAD~.,,~ CITY MANAGER Resolution Authorizing Investment Term Longer Than Five Years. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: California Government Code Section 53601 and City Investment Policy requires City Council authorization for inves[ments with a term longer than five years. Staff requests authorization to make investments in triple A rated federal agency bonds, notes, or debentures with a maximum term of ten years from purchase date with a rate of return of at least 8%. Specifically, investments will be in any of the following agencies which are authorized in the City's Investment Policy: Federal Farm Credit Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corp. and Federal National Mortgage Association. For a short period in the recent past some of these agencies issued ten year securities that had a yietd of 8% or more with various "call" provisions. A call provision allows the issuer to call the security (take it back) at par or its issuing price resulting in no loss of principal. Securities are called after a period of time from issue date ranging from three months to several years with 5-10 days notice. This authorization, if granted, would be valid for three months from approval date as provided by Government Code and City Investment Policy. The authorization would allow staff to possibly lock in higher rates if rates are increased in the next three months. This investment will comply with the revised City Investment Policy which limits investments with terms longer than five years to the lesser of $10 million or 10% of the portfolio at the time the investment is made. July 31, 2000, 9:30AM S:\BILL~ADM[N-INVEST POLICY.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Cale.~c~ar ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 2, 2000 APPROVED DEPARTMENT HEAD./~ ,~.~ CITY ATTORN EY~_.~ CITY MANAGER ~ Sanitary Landfill capping and closure. 1) Resolution regarding a budget policy for landfill closure. 2) Transfer $169,000 from the Refuse Enterprise Fund to the Landfill Closure Fund. RECOMMENDATION: The Budget and Finance Committee recommends approval. BACKGROUND: State regulations require final capping and closure of the former Bakersfield Sanitary Landfill. This project is estimated to cost between $6 and $13 million to be shared with Kern County. The project will commence in two to four years with the final cost dependent upon the method of capping ultimately approved by the State regulators. The project includes items not subject to a cost-sharing agreement with Kern County resulting in $3.3 to $7.2 million to be borne by the City. Currently $169,000 has been budgeted and set aside for a Landfitl Closure Reserve. ($84,000 in 1999-00 and $85,000 in 2000-01) In prior years the City was cha~'ged a commercial disposal fee by Kern County based on volume. The 2000- 01 budget was prepared using the same basis. On Jun~e 28, 2000 the City Council approved Agreement #00- 168 with Kern County which changed the disposal fee from volume to tonnage. Staff estimates this will result in approximately $500,000 reduction in costs. Staff suggests the City continue to use the old basis for' budgeting purposes and dedicate any savings, which wouJd normally flow to fund balance within the refuse fund, to the Landfill Capping and Closure project. This will, in effect, provide "seed money" for the project thereby reducing the amount ol: the project which will GJK:Ijm August 3, 2000, 10:51am P:~ADMIN~2000ADMIN\C000816C.wpd ADMINISTRATIVE REPORT Page 2 need to be financed through the issuance of debt. Once the project cost estimates are finalized the amount to be financed can be serviced by the ongoing savings. In order to maintain this type of level funding for the project, future year increases in operating and other expenses will need to be funded through rate adjustments without offsetting the estimated annual savings against operating costs. Staff recommends: 1) 2) 3) The City continue to budget $85,000 each year for the Landfill Closure project directly. The City continue to budget for disposal fees on a volume basis. Transfer the amounts budgeted for the project and any Refuse Enterprise Fund balance at year end to a Landfill Closure Fund. The Budget and Finance Committee met on Monday, ,July 17. 2000 and concurs with staff recommendations. GJK:Ijm August 3, 2000, 10:51am P:~ADMIN~2000ADMIN\C000816C.wpd ADMINISTRAT'IVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calender ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 27, 2000 APPROVED DEPARTMENT HEAD CITY MANAGER ~ Sale of Surplus Real Property: 1: Resolution declaring real property located on the East side of Oswell Street approximately 500 hundred feet south of Highway 178 surplus to needs of the City and; 2. Sales agreement with Dinova Partners II for $6,000. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution and approval of the sales agreement. BACKGROUND: tn freeway agreement dated August 15, 1961, between the County of Kern and the State of California the County agreed to accept title to reconstructed county roads when relinquished by the State of California. Subsequently, the City annexed this area. On July 24,1970, the State of California relinquished four road remnants in the Oswell Street area to the City. Dinova Partners I1 has requested to purchase a small portion of one parcel located at the southeast corner of Highway 178 and Oswell Street to incorporate into their adjoining development. On November 4, 1999, the Bakersfield Planning Commission found the abandonment and proposed sale of this property consistent with the Metropolitan Bakersfield 2010 General Plan. The property consists of approximately 3,000 square feet ,of landscaped area. The purchase pdce of $6,000.00 is a product of negotiations based on comparable properties. DMA/s July 31, 2000, ~2:20PM ADMINISTRA'FIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent ITEM: 8..j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 31, 2000 APPROVED DEPARTMEN'F HEAD CITY ATTORNEY ~ CITY MANAGER ~ Assessment District No. 94-3, (Silver (::;reek / Brimhall North / Seven Oaks / South Laurelglen). Resolution Ordering Change of Proceedings to Authorize Additional Improvements to be paid from Proceeds of Specified Investment Earnings. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Assessment District No. 94-3 was a developer district to build improvements for five noncontiguous areas from the sale of bond proceeds. The developer, Castle & Cooke, California Inc. did not construct ail of the improvements originally bonded for in a timely manner and interest earnings have accrued over the years. The Assessment Engineer has prorated the additional investment earnings to all five areas within the district. This money can be utilized to pay for additional public improvements which are in addition to the improvements originally authorized for Assessment District No. 94-3. The utilization of these additional funds will not increase the property owners assessments or lengthen the term of payments. The use of this interest earnings will help build additional roads and landscaping needed to enhance four out of five of these areas. No improvements are planned for the fifth area and consequently the investment earnings for that area will be used to call bonds and shorten the length of time property owners would have to pay. Any remaining funds in the four areas also will be used to call bonds and shorten the length of payment. Bond Counsel has drafted a Resolution for additional improvements within Assessment District 94-3 that will benefit all property owners within each of the areas in the district. G:\GROUPDAT~ADMINRPT~000~August 16\ad94-3interest 1.wpd July 31, 2000, 9:17AM ADMINISTRA'r'IVE REPORT I MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar J ITEM: $. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 4, 2000 APPROVED DEPARTMENT HEAD ~/~../~...~ CiTY ATTORN~'/~~/'~ CITY MANAGER ~ 4040 Chester Avenue curb, gutter and sidewalk. (Ward 2) 1. Resolution confirming assessment for curb, gutter and sidewalk construction costs and authorizing the collection of assessments by the Kern County Tax Colllector. 2. Agreement with property owner to pay curb, gutter and sidewalk construction costs in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the agreement. BACKGROUND: 1. To assist in paying the construcl:ion costs for curb, gutter and sidewalk, the property owner at 4040 Chester Avenue has entered into an agreement with the City to spread the construction costs over a three (3) year period, interest free, to be cc, llected with their property taxes in accordance with Municipal Code Section 14.12.390.B. Currently, Section 14.12.390. B provides that interest on the unpaid balance also be charged. However, staff believes that charging interest defeats the purpose of the ordinance (to provide Iow and moderate income property owners an economically feasibte way to construct curb, gutter and sidewalk and improve their property). Historically, interest has not been charged. 2. The Resolution authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. Ivd August 4, 2000, 3:06PM G:\GROUPDA'F~DMINRPT~2000~August 16N040chesteradminrpt.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: $. 1. TO: Honorable Mayor and City Council APPROVED FROM: Carroll Hayden, Human Resources Manager ~ DEPARTMENT HEAD ~ DATE: August 9, 2000' CITY ATTORNEY '~/,¢f/~' CITY MANAGER ~ SUBJECT: Job specification, salary and title change for Fire Inspector and job specification and salary change for Industrial Waste Inspector. 1) Amendment No.5 to Resolution No. 66-99 Approving Memorandum of Understanding for employees of the Blue and 'White Collar Units and adopting salary schedule and related benefits. RECOMMENDATION: Personnel Committee recommends adoption of the resolution and approval of the revised job specifications, contingent upon Fire and Miscellaneous Civil Service Board approval. BACKGROUND: At the request of SEIU Local #770, under the provisions of our current Memorandum of Understanding (MOU) representing Blue and White Collar employees, we conducted a classification/compensation study of Fire Inspector and Industrial Waste Inspector. Because these classifications are closely related to other Inspector classifications within the same bargaining unit, we simultaneously studied Financial Investigator, Building Inspector 1/11 and Code Enforcement Officer 1/11. This analysis included a detailed cornparison of job duties and minimum qualifications. In conjunction, we surveyed the designated survey agencies for salary information. Based upon the analysis referenced above, it was determined that Fire Inspectors are internally most closely aligned with Code Enforcement Officer I and the salary' survey showed that they are compensated below the survey average. The analysis also revealed that Industrial Waste Inspectors are internally most closely aligned with Building Inspector I and the salary survey showed that they are compensated below the survey average as well. The analysis indicated that Financial Investigator is appropriately classified and compensated at its current level. Therefore, it is recommended that the Fire Inspector specification be revised to include current responsibilities and qualifications, that the salary be adjusted upward by' approximately 17% to the Code Enforcement Officer August 9, 2000, 9:09AM S:~ADM[N RPT~lnspectors.wpd ADMINISTRATIVE REPORT Page 2 I salary level and re-titled Fire Prevention/Environmental Officer. It is also recommended that the Industrial Waste Inspector specification be revised to include current responsibilities and qualifications and that the salary be adjusted upward by approximately 8% to the Building Inspector I salary level. In addition, it is recommended that the Industrial Waste Inspector classification be moved from the Blue Collar to the White Collar Unit. This study was reviewed by the Personnel Committee on August 3, 2000. This is being presented to Council first, in order to expedite the processing of these actions because the study has taken an unusually long time. Summary The job specification will be presented to the Fire and Miscellaneous Civil Service Boards at their next meetings. The increase in salaries will be funded through salary savings of vacant positions in Wastewater. The Fire Department also has adequate funds in their budget to fund this increase. S.E.I.U. concurs with the proposed recommendation. Staff recommends adoption of the resolution and approval of the revised job specifications with salary increases to become effective the beginning of the first full pay period following Council action. jm August 9, 2000, 9:09AM S:~ADMIN RPT~Inspectors.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar TEM: 8. m. TO: IFROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager July 21, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Amendment No. 2 to Resolution No.101-99 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 1999-00 to incorporate previous budget actions approved by the City Council. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: On June 30, 1999, the City Council adopted Resolution No.101-99 approving and adopting the City of Bakersfield Operating and Capital Improvement Budget for the Fiscal Year 1999-00. From January 12, 2000 through June 28, 2000, Council has taken action to transfer and/or appropriate funds for specific services and as a result, the respective budgets must be amended to reflect these changes for the last six months of the fiscal year. The fiscal year 1999-00 Amended Budget is $239,030,896, with the Operating and Debt Service (which includes the Community Development Block Grant) and the Bakersfield Redevelopment Agency Budget totaling $211,597,787, and the Capital Improvement Prc, gram totaling $ 27,433,109, A detailed listing of the items approved by Council action (Exhibit "A"), which amends the 1999-00 budgets, is attached. July 21, 2000, 8:35AM S:\Darnell~admins\1999~Amend2 -199-00.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.r¢~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Counci~ Carroll Hayden, Human Resources Manager August 4, 2000 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ~/~'~¢~ CITY MANAGER ~ Salary change for Crime Prevention Supervisor 1) Amendment No. 2 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Due to restructuring in the Police Department, the Crime Prevention Supervisor has the responsibility of oversight and supervision of a number of Police Department programs. These include: all Crime Prevention Programs, D.A.R.E., the Police Cadet Program, the Explorer Post, the Police Activities League and the Juvenile Impact Program. These programs are high profile and greatly impact the Police Department and the community. These programs will become even more important as the department moves toward institutionalizing community policing. Four (4) additional Police Officers were added to the list of personnel the Crime Prevention Supervisor must supervise. The Crime Prevention Supervisor supervises ten (10) sworn officers, four (4) full-time and one (1) part-time Community Relations Specialists, twelve (12) Cadets and thirty-five (35) Explorers. The Crime Prevention Supervisor manages a budget of approximately $133,000 and, essentially, has more program and personnel responsibility than most Police Sergeants. Currently, the Crime Prevention Supervisor earns 7.62% less than the Communications Operations Supervisor and Records Supervisor for comparable level of supervision and program responsibility. Therefore, it's recommended that this classification be upgraded to the same salary grade as the Communications Operations Supervisor and Records Supervisor. Summary The cost of the upgrade including salary and benefits is $5,617 per year. approved by Council as part of the 2000-01 Police Department Budget. Funding for this upgrade was August 9, 2000, 9:15AM S:~ADMINRPT~Crime Prevention Supvr ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8.o. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DATE: July 26,2000 SUBJECT: Tract Maps/improvement Agreements: APPROVED DEPARTMENT HEAD ~r~_~.~ CITY ATTORNE¢L__~ c , z~/' ~Z_ )¢_ CITY MANAGER ~ (1) (2) (3) (4) (5) (6) (7) (6) Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5658 Unit 8 located nodh of Hageman Road and west of Calloway Drive. (Ward 4) Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5951 Unit 2 located south of Stockdale Highway and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreements With Coleman Homes, inc. for Tract 5951 Unit 3 located south of Stockdale Highway and west of Buena Vista Road. ('Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430 Phase B located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5430 Phase F located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5430 Phase G located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreemen[s with Castle and Cooke California, Inc. for Tract 5293 located north of White Lane and west of Old River Road. (Ward 4) Final Map with ADH Corporation for Tract 5948 Phase B located east of Oswell Street and south of Virginia Avenue. (Ward 1) July 26, 2000, 2:06pm G:\GROU P DAT~ADMIN RPT~2000~August 16\TR5658-8,TR5951-2&3,TR5430-B,F,&G,TR5293,TR5948-B,wpd TD ADMINISTRATIVE REPORT Page 2 RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such imprevements 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, July 26, 2000, 2:06pm G:\GRO U PDAT\ADMIN RPT\2000\August 16\TR5658-8,TR5951-2&3,TR5430-B,F,&G,TR5293,TR5948-B.wpd TD ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: $. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks August 2, 2000 APPROVED DEPARTMENTHEAD~"~'~--'.~'~ CITY ATTORNEY -~' CITY MANAGER~'~"~ Agreement in an amount not to exceed $78,544 to Conduct After-school Programs Within the Bakersfield City School District ( Wards 1, 2, and 3 ) RECOMMENDATION: Staff recommends approval of the agreement BACKGROUND: The City of Bakersfield and Bakersfield City School District (BCSD) have been partners in providing after- school programs for residents of Bakersfield. This agreement will allow both parties to continue to conduct an after-school program that meets the needs of the community. This will be the third year of our partnership in which the District matches funding with the City to offer after- school programming. The City provides program administration and the District provides school facilities. This 2000-01 school year, we have five schools committed and the opportunity to add two additional schools. The five BCSD schools at which the City will offer after-school programs are Casa Loma, William Penn, and Stelta Hills elementary schools and Sequoia and Washington middle schools. The total cost per school site is $22,444 with each agency contributing half. The cost of the program to each agency if the maximum number of schools participates will be $78,544, for a total program cost of $157,108. Staff of our respective agencies have completed the terms of the agreement. We have provided the original documents for District approval. The City will execute the agreement upon return 'from the District with appropriate signatures. August 2, 2000, 12:19PM S:~Admins\Bak. City School$.wpd ADMINISTRATIVE REPORT MEETING DATE; August 18~ 2000 AGENDA SECTION: Consent Calendar ITEM: $. q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager July 26, 2000 APPROVED DEPARTMENT HEAD_~ CITY ATTORNEY y CiTY MANAGER ~ Agreement with Craig Raudman's Victory Circle, Inc. to provide financial assistance in form of $50,000.00 loan for permit fees and equipment related to construction of an race car chassis sales and service facility. (Ward #1) RECOMMENDATION: Staff recommends approval and to authorize Mayor to execute agreement subject to satisfactory completion of NEPA requirements. BACKGROUND: Craig Raudman's Victory Circle, Inc. (Victory Circle) is an existing business, located in Bakersfield at 3818 Buck Owens Blvd. Victory Circle has been serving Bakersfield and the California racing community since 1990. Their business has continued to grow and prosper during this time and they are currently operating at maximum capacity. Victory Circle is constructing a new 21,000 sq. ft. sales and service facility on four acres at 700 South Mt. Vernon Avenue, in the Gateway Business Park in southeast Bakersfield. The site is also within the Enterprise Zone, which will enable the company to receive state tax credits for hiring area residents and purchasing new equipment. Construction will be a pre-engineered steel structure with a metal roof. To finance the purchase of land and construction of a sales and service dealership facility, Victory Circle has been approved for a $730,000 loan from Wells Fargo Bank. Les DenHerder, owner of the company, will be contributing $100,000 in personal cash and land equity toward the project. The total estimated cost of the facility exceeds $830,000. The proposed City financial assistance is a five year repayable loan for $50,000. The majority of the proposed $50,000 City loan will be used to pay for the building permit fees, with the remaining funds going to purchase new equipment for this project. The source of City funds is Community Development Block Grant (CDBG) monies. The new manufacturing facility would create 21 new jobs over the next five years. DIk:S:~Admins\victory circle cdbg admin.wpd August 1, 2000, 8:30AM ADMINISTRATIVE REPORT Page 2 The terms of the assistance would be: · payment of the cost of permit fees and equipment not to exceed $50,000. · terms of the agreement would be in the form of a zero percent (0%) interest loan with one balloon payment at the end of the five years. · the security for the loan would be a personal guarantee by the applicant. · the company would be required to have 51% of all new hires be Iow- and moderate-income individuals. · the company would be required to enter into a first source hiring agreement with Employers' Training Resource. · if at any time during the five year term of the agreement, the company is not in full compliance with all terms of the agreement and fails to make an effort to comply, the company will need to repay the total amount loaned. This project would create additional investment and employment activity in southeast Bakersfield. In addition to the City CDBG loan to the company, redevelopment assistance of up to $20,000 is being proposed from the tax increment generated from this project. The Bakersfield Redevelopment Agency will be reviewing a proposed financial assistance agreement at its August 14th meeting. Dlk:S:~Admins\victory circle cdbg admin.wpd August 1, 2000, 8:30AM ADMINISTRATIVE REPORT I MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 4, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY~?~.~ CITY MANAGER~('~? Agreement with Kern Delta Water District, CasUe & Cooke California, Inc., and Mountain Vista Properties for canal relocation on Old River Road, between Pacheco Road and Campus Park Drive. (Ward 4) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: Tentative Tract 5848 required, as a condition for approval, that an irrigation ditch be relocated. This apparently simple requirement led to a number of complicated issues that required the involvement of several entities, including the above named parties to the agreement. This agreement has been in process for over two years. This agreement will allow for Old River Road to be constructed southerly from Campus Park Drive to Pacheco Road and eventually Panama Lane. Also, it will allow the irrigation ditch and canal to be relocated in such a manner that all parties in the agreement benefit and will fulfill the requirements of Tentative Tract 5848. Under the terms of this agreement, Kern Delta Water District will relocate the Buena Vista Canal and eliminate the irrigation ditch that connects with Old River Road. Castle & Cooke California, Inc. will pay for this relocation. Mountain Vista Properties will provide the necessary right of way for relocating the canal and irrigation ditch. The City of Bakersfield will be responsible to construct the west half of Old River Road, adjacent to the relocated canal which will be included within the Transportation h'npact Fees program, consistent with other roadways adjacent to the canal. ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar TEM: 8. s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 3, 2000 APPROVED DEPARTMENTHEAD. CITY ATTORNEY CITY MANAGER ~ Design Consultant Contract with Kleinfelder, Inc., $44,375.00, for soil analysis for the Mohawk Street Sewer Alignment, Phase II. RECOMMENDATION: Staff recommends approval of contract. BACKGROUND: Phase I of this project constructed a sewer line in Brimhall Road from Coffee Road eastward beneath the Friant-Kern Canal. This second phase will continue the sewer line easterly to serve the Doubletree Hotel area. The proposed alignment crosses the Equilon Refinery, and existing soil conditions along this alignment need to be verified prior to bidding and construction. This agreement will hire a firm to sample and analyze the soil along the alignment of the sewer. In May 2000, staff sent a Request for Qualifications and Proposal to 12 local soil firms. On June 13, the following four firms submitted responses: Kleinfelder Inc.; Soils Engineering, Inc.; Krazan & Associates, Inc.; and BSK & Associates. After reviewing the submitted Statements of Qualifications and Proposals, staff recommends approval of agreement with Kleinfelder, Inc. as most beneficial to the City, based on qualifications and price. The compensation is set at a not-to-exceed total of $44, 375.00 This project is budgeted within the Sewer Enterprise Fund. Sufficient funds are available within this project's budget to cover this contract. ADMINISTRA'I'IVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent ITEM: 8 o t. TO: Honorable Mayor and City Council /A.PP.R..,OVED FROM: Eric Matlock, Chief of Police DEPARTMENT' HEAD DATE: August 3, 2000 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Approval of Three (3) year Lease Agreement with American Business Machines to lease a Canon CLC-1000 Copier, Canon Editor F-l, and Interface Board. RECOMMENDATION: Staff recommends approval of the Lease Agreement. BACKGROUND: The Bakersfield Police Department Crime Lab purchased a Canon CLC 700 copier in July 1997 for the printing of colored crime scene photographs. Such photographs must meet certain quality specifications if they are to be used in court as evidence in criminal cases. It was estimated that over the five (5) year life span of the Canon CLC 700 copier, the Crime Lab would produce 2000 copies per month for a total of 120,000 copies. However, in the three (3) years it has been Jn use, the machine has already produced 129,000 copies. The high volume of use has resulted in frequent need of repair, thus resulting in down time for the Crime Lab. In addition, the current machine takes at least two (2) minutes, and sometimes as long as three (3) minutes to print each photograph. Therefore, Staff requests that the current copier be replaced with an updated model to better meet the needs of the Department. The Canon CLC-1000 has a life expectancy of 500,000 copies, superior copy clarity, a print time of 1% minutes for each photo, and a lower maintenance cost per page (from .$23 to $. 15). The retail of the CLC-1000, withthenecessaryoptionsoftheCanon EditorF-1 and Interface Board is $62,000. However, Staffhaslocated, through American Business Machines, a factory demo model that can be leased under a three (3) year government lease program for $29,000. This price includes the new factory warranty and monthly maintenance. At the end of the lease, the City can either buy the machine for $1 or trade it in for a new copier. There is no budgetary impact as funds for the lease of the copier will come from existing Police Department Investigation Division accounts. Staff recommends approval of the attached three (:3) year Lease Agreement for a new Canon CLC-1000, with the necessary options. VG:aIj P:\C rimeLab.copier.wpd August 3, 2000, 2:18PM AU16CA.CC ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager. August 8, 2000 APPROVED DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER The City Center Project: Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Real Property Acquisition Services. Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Environmental Review Services. Agreements for Appraisal Services. a. Agreement with Kern Appraisal Company for $45,000 b. Agreement with Dallas Higdon & Associates for $15,000 Agreement with Michael Brandrnan Associates for $65,000 for Environmental Review Services. Concurrence with Bakersfield Redevelopment Agency's Execution of a Revised Exclusive Right to Negot ate Agreement w th Ray Olmscheid Development Group. Appropriate $125,000 Developelr Contribution to the City Center Development Project Fund for Reimbursable Development Costs. (Wards 1 and 2) RECOMMENDATION: Staff recommends approval of all agreements, concurrence with Bakersfield Redevelopment Agency's execution of a Revised Exclusive Right to Negotiate Agreement with Ray P. Olmscheid Development Group and authorization of appropriation. BACKGROUND: 1. Since Ray Olmscheid Development Group ("Developer" herein) has requested City and S:\COUNCIL~Admins~revlsedenaadmin.wpd August 8, 2000, 3;50PM ADMINISTRATIVE REPORT Page 2 Bakersfield Redevelopment Agency ("Agency" herein) assistance in assembling real property parcels for the Project, this reimbursement agreement would require Developer to reimburse the City for certain costs (exclusive of City staff costs) associated with real property acquisition. These costs include: real property appraisals and review appraisals. 2. Under the terms of the Exclusive Right to Negotiate Agreement, Developer agreed to enter into an agreement with the City to reimburse the City for costs associated with the required environmental review of the City Center Project. Such agreement is to be executed within sixty (60) days of the execution of the Exclusive Right to Negotiate Agreement. The reimbursement agreement will require Developer to reimburse the City for costs (exclusive of City staff costs) associated with the environmental review of the City Center Project. Since part of the City Center Project entails a City-owned facility, staff believes the City should bear its own staff costs, instead of having Developer pay both the staff costs and the environmental consultants' cost. 3. RFP/RFQs for appraisal services were sent to six local MAI appraisers. Five responses were received. Kern Appraisal Company is one of the large Iocat appraisal firms with two MAI's, Randall Franz and George Green. Their proposal provides for subcontracting the residential work to Michael Burger, another MAI. Kern Appraisal specializes in commercial/industrial properties and Michael Burger is best known for his residential work -- providing a well-balanced appraisal team. The review appraiser, Dallas Higdon, MAI is one of the most experienced and well regarded local appraisers. He is well versed in all property types, which makes him well suited for this assignment. 4. Staff solicited three environmental review firms regarding this Project. Michael Brandman Associates responded and has done several complex environmental impact reports for the City. This firm is well-versed in all aspects of the California Environmental Quality Act and its response to the solicitation best meets the City's needs regarding experience, cost and time. The appraisal contracts and the environmental review contract will be contingent upon execution by the City and Developer of the reimbursement agreements and receipt by the City of the deposit of funds required by each reimbursement agreement. 5. At the June 21, 2000 meeting, the Agency voted unanimously to enter into an Exclusive Right to Negotiate Agreement with Developer. On June 28, 2000, the City Council concurred with the Agency's decision to enter into an Exclusive Right to Negotiate Agreement with the Developer. On July 12, 2000, Agency staff presented an Agreement to the Agency for approval and the Agency authorized execution of that Agreement. At the time the Exclusive Right to Negotiate was drafted, all parties assumed that the AME church property (approximately two acres) would be excluded from the Project Site. Before the Exclusive Right to Negotiate agreement was executed, the Developer me1: with representatives of the church and they wish the property included in the Project Site. A review of the Site Map attached to the original Exclusive Right to Negotiate agreement raised some questions about how to best determine which properties were included and which properties were excluded from the agreement. To resolve that confusion, a new Site Map has been prepared S:\COUNCIL~Admins~revisedenaadmin.wpd August 8, 2000, 3:50PM ADMINISTRATIVE REPORT Page 3 As a reminder, this Agreement does not commit the Agency to take any action in furtherance of the Project except to negotiate in good faith to achieve a Disposition and Development Agreement that is acceptable to the parties. 6. As the environmental and real property acquisition costs have not been previously budgeted, it is necessary to appropriate the funds to pay the consultants. S:\COUNC[L~Admins~revisede~aadrnin.wpd August 8, 2000, 3:50PM ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .v. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMEN'r HEAD ~ DATE: July 31, 2000 CITY ATTORNEY /~ SUBJECT: Disney Keys to Excellence Training Seminar 1. CITY MANAGER ~ Agreement with the Disney Institute to conduct "The Disney Keys to Excellence" training seminar on November 14, 2000 and to share anticipated registration fees in an amount not to exceed $59,1!50. Agreement with Holiday Inn Selact to for room rental, refreshments, and AV equipment for "The Disney Keys to Excellence" training seminar in an amount not to exceed $20,000. Appropriate $103,250 revenue/expenses for training to Recreation and Parks OperatiNg Budget within the Ganeral Fund. RECOMMENDATION: Staff recommends approval of the agreements and apprepriation of the monies. BACKGROUND: On April 11, 2000, the department hosted The Disney Keys to Management Excellence customer service training program. This event was conducted by the Disney Institute of Walt Disney World® Resort in Orlando, Florida. The benefits to the city included providing top-quality training locally, enhancing the department's and city's image, and using the net proceeds to purchase equipment for a mobile recreation program. Based on their experience in Bakersfield, the Disney Institute has requested that we host a new training on November 14, 2000. They also mentioned that they will be using our training as a benchmark for future training conducted throughout the United States. S:~Admins\Mgtexcel2admin.wpd July 31, 2000, 4:15PM ADMINISTRATIVE REPORT Page 2 The new program will cover topics such as creativity and innovation, developing customer loyalty, and quality service. Contractual provisions call for the Disney Institute to: produce promotional brochures and information offer media assistance provide program materials arrange for qualified presenters and all necessary videos provide room decorations The department will: distribute promotional brochures secure a meeting facitity provide audiovisual equipment handle registration coordinate meal functions The agreement also provides for the split of revenue between the city and the Disney Institute. The Disney Institute will receive 65% of the "base" registration fee of $260 (i.e. excludes portion of registration fee for food). For the November training, the department is estimating between 320-350 participants. With the anticipated revenue of $103,250 (i.e. 350 participants at $295 each), Disney Institute will receive $59,150. The department will expend a maximum of $28,370 for expenses related to the seminar (e.g. postage, room rental, audio-visual equipment, meals) from the city's portion of $44,100. In April, the city's portion of the revenue was approximately $9,000 which was used to purchase a cargo trailer for a mobile recreation program. The "profit" for this training is estimated to be as much as $15,730 and is proposed to be used to purchase one additional trailer and to fund equipment and staff to begin the mobile program. In the event that the program is canceled (e.g. lack of registration), the only expense to the department will be that of mailing the seminar brochure. This expense is estimated at $8,370. ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. w. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: August 3, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Restrictive Covenant Agreement wi'th Bethany Services to create 20-foot non-buildable easement on property adjacent to Bakersfield Homeless Center. RECOMMENDATION: Staff recommends adoption of the agreement. BACKGROUND: Bethany Services intends to construct a building on the Bakersfield Homeless Center property. In order to avoid the costly expense of one-hour rated construction, the Center has asked the City to establish a 20-foot non-buildable easement on the City's adjacent property. The non- buildable easement will allow the Center to accommodate the Center's expansion in constructing a building on their lot line. Because this is an easement which enbumbers City property, it must be approved by the City Council. August 9, 2000, 8:16AM S:LAC~P, dmin Rpts\Bethany Agreement 081600.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent C@[endar ITEM: $. x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 3, 2000 APPROVED DEPARTMENT HEAD CITY ATTORI~EY CITY MANAGIER Amendment No. I to Agreement Nc,. 97-306 with West Coast Land Service, a sole proprietorship to lease mineral rights in real property (5.207 acres) located at Yokuts Park and the Kern River. (Ward 5) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On July 20, 1997, the City acquired approximately five acres from Fred Jones. Approximately, 4.5 acres is within the Kern River Channel the remaining .5 acres is within Yokuts Park. Shortly, thereafter the City was contacted by West Coast Land Service, an independent oil and gas broker (W.C.L.S.) who is leasing the area "prospect" for a clie~t interested in drilling for oil. On July 26, 1997, the City Council approved Agreement No. 97-306 with West Coast Land Service for the lease of these mineral rights. The salient terms of the original lease are: the pdmary term is three years, or as long as there is production in paying quantities; the rent is $500.00 total for the initial three year primary term; if they drill and produce in paying quantities the royalty is 1/6; they can not come onto the City's property, but rather drill from adjacent lands 500 feet below the surface; provides for pooling with other properties. W.C.L.S. has indicated the rental and royalty exceed that previously paid any other lessor in the prospect. West Coast Land Service has requested that the primary term be extended an additional three years with all other lease terms remaining the same. Hence, the City will be paid $500.00 for the three year extension. To clarify various issues, including the payment of rent, the City and W.C.L.S. agreed to include language (addendum) to the original lease. A copy is attached 'for your reference. August 3, 2000, 10:33AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney July 31, 2000 APPROVED DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER Amendment No. 3 to Agreement No. CA 99-2 with Kimble, MacMichael & Upton for outside legal services. 1. Appropriate $7,000 Fund Balance to the City Attorney's Office Operating Budget within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends approval of the amendment and appropriation. BACKGROUND: The City of Bakersfield has previously retair~ed Kimble, MacMichael & Upton as counsel in the bankruptcy litigation involving Valley Communities, Inc~ and Buena Vista Lake Properties regarding the City's purchase of 4,700 acres of land from Valley Communities, Inc. Additional funds are required for outside counsel to finalize a settlement proposal with the debtors and to obtain Bankruptcy Court approval of the settlement agreement. It is anticipated that funds necessary to achieve this result shall not exceed Seven Thousand Dollars ($7,000.00). MGA:Isc S:\COU NCIL~Ad mins~AttyRetainAmend 3.Kimble.wpd July 28, 2000 (9:08am) ADMINISTRATIVE MEETING DATE: REPORT August16,2000 IAGENDA SECTION: Consent Calendar ITEM: 8. z. TO: FROM: Honorable Mayor and City Council Raul Rojas, Public Works Director DATE: August 3, 2000 SUBJECT: APPROVED DEPARTMENT HEAD ,0/¢/-''~ C TYATTORNE¥ CITY MANAGER ~ Contract Change Order No. 1, $22,000.00, to Agreement No. 99-304 with HPS Construction Company for the trunk sewer replacement along South Chester Avenue from Planz Road to El SerenoAvenue. (Ward 1) RECOMMENDATION: Staff recommends approval of the Contract Change Order. BACKGROUND: This change order is for removing and replacing approximately 1500 feet of substandard median curb with full-height City Standard median curb on South Chester Avenue between Planz Road and the San Joaquin Valley Railroad. The specifications for the ,project required the contractor to replace any improvements damaged due to his operations. The method the contractor used for installing the sewer line resulted in substantial sections of the median island curbing being damaged which obligated his replacement of these damaged sections. This change order allows the contractor to replace all of the median curb (even that which was not damaged by his operations) with standard full-height median curb so that there will be a consistent City Standard median curb along this segrnent of South Chester Avenue. This project is budgeted within the Sewer Enterprise Fund. Sufficient funds are available within this project's budget to cover this change order. RickM:VS August 9, 200;), 8:39AM G:~GROU P DAT~ADMIN RPT~2000~August 161SoChesterCCOlb wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 20, 2000 APPROVED DEPARTMENT HEAD /~/¢/~ c,w MANAGER SUBJECT: Award annual contract to Stinson's, not to exceed $97,301.97, for office supplies. RECOMMENDATION: Staff recommends award of contract. BACKGROUND: This contract provides office supplies (pens, paper, binders, calendars, etc.) for City staff. Invitations to bid were sent to seven (7) vendors. Three (3) bids were received, as follows: Stinson's 1108 Baker Street Bakersfield, CA 93305 (City) in the amount of $97,301.97 Floyd's 5300 District Boulevard Bakersfield, CA 93313 (City) in the amount of $103,857,36 Office Depot 1001 Tower Way, Suite 235 Bakersfield, CA 93309 (City) in the amount of $109,513.83 P:\ADMIN~000ADMIN\C000816A.wpd GJK:DW:Ijm July 21, 2000, 2:36pm ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.bb. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 21, 2000 APPROVED DEPARTMENT HEAD c iTyA OR CITY MANAGER ~ SUBJECT: Award annual contract to Safeway Sign Company, not to exceed $49,166.62, for traffic signs for the Public Works Department. RECOMMENDATION: Staff recommends award of contract. BACKGROUND: The General Services division of Public Works maintains traffic signs within the City. Funds are available from the State Gas Tax Fund. Three (3) bids were received, as follows: Safeway Sign Company 9875 Yucca Road Adalanto, CA 92301 in the amount of $49,166.62 Zumar Industries, Incorporated 6371 Randolph Street Los Angeles, CA 90040 in the amount of $51,770.59 Maned Sign Company, Incorporated 1928 West 135th Street Gardena, CA 90249 in the amount of $52,460.27 P:~ADMIN~000ADMIN\C000816B.wpd GJK:DW:Ijm July 21, 2000, 2:24pm REPORT' MEETING DATE: August 16, 2000 AGENDA SECTION: Consent ]'EM: 8.cc. Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 3, 2000 APPROVED DEPARTMENT HEA~ CITY ATTORNEY CITY MANAGER Accept Base Bid only to award contract to Scales Construction lnc. for $371,718.96 for Lake Street reconstruction from Robinson Street to Brown Street, (Ward 2) RECOMMENDATION: Staff recommends acceptance of Iow Base Bid and award of contract. BACKGROUND: This is the third phase of the Lake Street reconstruction project from Robinson Street to Williams Street. The Third Phase of this project will include the removal and replacement of canal fencing, reconstruction of the roadway, and installation of additional curb and gutter for improved drainage. This Third Phase was split into two segments for bidding purposes: a Base Bid portion which includes reconstructing Lake Street between Robinson Street and Brown Street (3 blocks), and an Additive Alternate Bid portion which includes reconstructing Lake Street between Brown Street and Williams Street (1 block). Sufficient funds are available to award the Base Bid portion of this project only. The alternate portion of this project will have to be rebid next fiscal year as a fourth phase. Previous phases of this project reconstructed Lake Stree~ between Tulare Street and Robinson Street. The Engineer's Estimate for the Base Bid portion of the work is $326,574.00. The Engineer's Estimate for the Additive Alternate No.1 portion is $90,790.00 for a total estimate cost of $417,373.00. Two acceptable bids were received on July 6, 2000. Scales Construction Inc. 3215 Fruitvale Ave Bakersfield, CA 93308 (City) Base Bid in the amount of Additive Alternate in the amount of Total Bid in the amount of $371,718.96 $99,478.9O $471,t97.86 Granite Construction 18850 James Road Bakersfield, CA 93308 (County) Base Bid in the amount of Additive Alternate in the amount of Total Bid in tlhe amount of $385,631.00 $101,005.00 $486,636.00 ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8,dd~ TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Kiimko, Finance Director August 4, 2000 APPROVED ' DEP*RTMENT.EAD/ /, SUBJECT: Accept bids from GCS Western Power and Equipment $372,908.25, and Nixon-EGLI Equipment Company $252,895.50, for five (5) street sweepers [three (3) additional, two (2) replacement] for the Public Works Department. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: In FY 2000-200I the City Council approved the purchase of three (3) additional and two (2) replacement street sweepers. Three (3) bids were received July 28, 2000, as follows: AiR BROOM SWEEPER MECHANICAL BROOM SWEEPER GCS Western Power & Equipment 8271 Commonwealth Avenue Buena Park, CA 90621 Three sweepers for' a tota~ of $372,908.25 No Bid Nixon-EGLI Equipment Company 12030 Clark Street Santa Fe Springs, CA 90670 Three sweepers for a total of $384,674.28 Two sweepers for a total of $252,895.50 Haaker Equipment Company 3505 Pomona Boulevard Pomona, CA 91768 Three sweepers for a total of $386,054.97 Two sweepers for a total of $294,937.5O p:~ADMIN~2000ADMIN\C000816E.wpd GJK:DWJjm ,August 4, 2000, 9:36am ADMINISTRATIIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.ee. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager July 31, 2000 ..APPROVED DEPARTMENTHEAD~..,~,~/~. CiTY ATTORNEY ~--'-~'''''''~ Accept bid of $371,180.00 and award co~tract to Farm Pump and Irrigation for"Drilling, casing and pump testing two (2) gravel envelope water wells at Stations CBK 41 and L-208" for the Water Resources Department. (Ward Number 4) RECOMMENDATION: Staff recommends acceptance. BACKGROUND: These domestic water deepwell facilities are located within a new housing tract located north of the Kern River, east of Jewetta Avenue, south of Brimhall Road and west of Verdugo Road and on a three acre parcel at the southwest corner of Coffee Road and Norris Avenue. This contract is for the drilling, casing and pump testing of the deepwells. Upon completion of this contract, engineering will be completed to construct the remainder of the facilities which will be put out to bid at the end of calendar year 2000. Funds are available in the 2000-2001 fiscal year budget for this project. Four bids were received on July 28, 2000 for this project. The results are as follows: Farm Pump & Irrigation Co. 535 No. Shafter Shafter, CA 93263 (County) ............................ in the amount of $371,180.00 Bakersfield Well and Pump Co. 7212 Fruitvale Avenue Bakersfield, CA 93308 (County) ......................... in the amount of $379,762.00 S. A. Camp Pump Co. Zerker Road Shafter, CA 93380 (County) ............................ in the amount of $387,583.00 Beylik Drilling, Inc. 555 South Harbor Blvd. La Habra, CA 90631 (Out of County) ..................... in the amount of $449,000.00 S:~2000 ADM RPTS~AU 16wtlcc,wpd ADMINISTRA'FIVE REPORT MEETING DATE: August 15, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. ff. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks August 10, 2000 APPROVED C,TYA.OR.E CITY MANAGER ~ Provision and Installation of Playground Equipment at Dr. Martin Luther King, Jr. Park. Ward 1. 1). Award Contract to Heisler Landscape, in the Amount of $64,875.18, for Provision and Installation of Playground Equipment and Temporary Construction Fencing at Dr. Martin Luther King, Jr. Park. RECOMMENDATION: Staff recommends award of the contract. BACKGROUND: Invitations to bid were sent to eleven (11 ) vendors. Two bids were received. The lowest responsible bid for provision and installation of the total playground equipment and temporary fencing specified totals $64,875.18. Two (2) bids were received as follows: Heisler Landscape P.O. Box 2002 Orange, CA 92859 Malibu Pacific Tennis Courts 31133 Via Colinas #102 Westlake Village CA 91362 $64,875.18 $90,50000 BID DOCUMENTS ARE ON FiILE IN CITY CLERKS OFFICE Kt August 10, 2000, 10:52.AM S:~ops99-2000'~VILKplayadminwpd.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. gg. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Start Ford, Director of Recreation and Parks August 9, 2000 APPROVED DEPARTMENTHEAD ~'"'.'"-~ CITY A'i'rORNEY CITY MANAGER Provision and Installation of Playgrou~d Equipment at Jastro Park. Ward 5. 1). Award Contract to Malibu Pacific Tennis Courts, Inc., in the Amount of $114,021, for Provision and Installation of Playground Equipment and Temporary Construction Fencing at Jastro Park. 2). Appropriate $52,111 Fund Balance to the Recreation and Parks Capital Improvement Budget Within the Park Improvement Fund. RECOMMENDATION: Staff recommends award of the contract and appropriation of $52~111 Park Improvement Fund Balance. BACKGROUND: Invitations to bid were sent to eleven (11) vendors. Two(2) bids were received. The lowest responsible bid for provision and installation of the total playground equipment and temporary construction fencing specified totals $114,021. The project will include use of the City's annual contract for purchase and delivery of playground sand ($8,200). Total project cost is $122,221. Currently, $70,110 is budgeted in Recreation and Parks Capital Improvement Project budget. It is requested to appropriate an additional $52,111 from the Park Improvement Fund to complete the project. Funds are available in Zone 5 - Central. BID DOCUMENTS ARE ON FILE IN CITY CLERKS OFFICE Kt August 91 2000, 2:22PM S:',ops99-2000~Jastropiayadminwpd.wpd ADMINISTRATIVE REPORT Page2 Two (2) bids were received as follows: Malibu Pacific Tennis Courts, Inc 31133 Via Colinas #102 Westlake, CA 91362 Heisler Landscape P.O. Box 2002 Orange, CA 92859 $114,021.00 $117,344.00 Kt August 9, 2000, 2:22PM S:~ops99-2000~Jastroplayadminwpd.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.hh. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks August 10, 2000 APPROVED DEPARTMENTHEAD~)~,~ CITY ATTORNEY C MA.AGER/ ' Reject All Bids for Provision and Installation of Playground Equipment at Centennial Park. (Ward 5) RECOMMENDATION: Staff recommends rejecting all bids. BACKGROUND: Invitations to bid were sent to eleven (11) vendors. Three (3) bids were received. The lowest bidder neglected to include required unit pricing on the components. The other two bids exceed the project budget. Staff requests to reject all bids and re-bid the project. August 10, 2000, 10:20AM S:~Admins\Centen nialRadmin.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.ii. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks August 10, 2000 APPROVED CITY^ ORNE¥ -- CITY MANAGER ~ Reject All Bids for Provision and Installation of Playground Equipment at Grissom Park. (Ward 6) RECOMMENDATION: Staff recommends rejecting ali bids. BACKGROUND: Invitations to bid were sent to eleven (11) vendors. Two (2) bids were received. The lowest bidder submitted improperly completed paper~/ork, leaving only one valid bid. Staff requests to reject all bids and re-bid the project. August 10, 2000, 11:59AM S:~Admins\G rissomRadmin,wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.jj. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 8, 2000 APPROVED DEPARTMENT HEAD/~//~ CITY ATTOR ENVY ~-~ CITY MANAGER ~ SUBJECT: Accept bids from Myriad Solutions, Incorporated, Microlink Enterprise, Incorporated, Creative Computer, Socrates Computer Systems, KIS Computer Center, GST/Micro City, and CompuCom Systems, Incorporated to purchase personal computers, monitors, and miscellaneous equipment. (Not to exceed $350,000.00) RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: The 2000-2001 City Council adopted budget allows replacement of computer equipment from the equipment management fund. Staff has conducted a formal bid to obtain the lowest prices for these computers and the bid opening was August 3, 2000. Pricing was requested on a "not to exceed" per unit basis for various models currently available, thus allowing staff to negotiate for lower prices over the period of the award, should market prices drop. It is anticipated that the actual purchase of these systems will be spread over 3 to 4 months and each purchase order will be subject to a lower negotiated price. Bids were received from nine (9) vendors. Staff requests the award be split per unit as follows: Myriad Solutions, Incorporated 5031 Birch Street, Suite C Newpod Beach, CA 92612 IBM NetVista X40-12U IBM NetVista X40-14U IBM NetVista S40N3U IBM NetVista S40PIU IBM NetVista S40pQ1 U IBM NetVista S Cradle ViewSonic GS-771 Monitor IBM 300PL IBM Thinkpad A20p IBM NetFinity 5100 $1,921.00 $2,097.00 $1 ,O76.OO $1,088.OO $1,130.00 $49.00 $267.0O $1,749.00 $4,923.OO $4,981.25 - CONTINUED ON NEXTPAGE ~ P:~ADMIN~000ADMIN\C000816F_b.wpd GJK:DW:Ijm August 8, 2000, 12:06pm ADMINISTRATIVE REPORT Page 2 Microlink Enterprise, Incorporated 13731 East Proctor Avenue City of Industry, CA 91746 Creative Computer 2555 West 190th Street Torrance, CA 90504 Socrates Computer Systems 9701 West Pico Boulevard #112 Los Angeles, CA 90035 KIS Computer Center 11801-5 East Telegraph Road Santa Fe Springs, CA 90670 GST/Micro City 17707 Valley View Boulevard Cerritos, CA 90703 CompuCom Systems, Incorporated 7171 Forest Lane Dallas, TX 75230 IBM NetVista S40 ViewSonic GS-773 Monitor IBM 300PL Panasonic Toughbook HP Kayak XM600 IBM NetFinity HP 8550 N Printer HP e-Vectra Compaq iPAC Pentium Apple PowerMac G4 $751.00 $803.00 $1,840.00 $4,319.00 $2,057.00 $5,294.00 $5,133.65 $1,390.00 $1,157.00 $3,383.00 P:~ADMIN~2000ADMIN\C000816F_b.wpd GJK:DW:ljm August 8, 2000, 12:06pm ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager July 20, 2000 APPROVED DEPARTMENT'HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ Revisions to Miscellaneous Civil Service Rule 6.01 - Eligible Lists Established and Rule 6.02 - Tie Scores RECOMMENDATION: Staff recommends approval of revisions. BACKGROUND: Staff and the Central California Association of Public Employees (CCAPE) have been working together to develop a standardized test for a classification of positions (ie., Light Equipment Operator, Heavy Equipment Operator, etc.) in order to streamline the testing process. The revision to Rule 6.01 allows successful candidates from a class of positions to be placed on a common eligible list which will be available to departments/divisions when a vacancy occurs, Subsequent performance testing witl be conducted by individual departments/divisions. The revision to Rule 6.02 is another effort toward consistency among the various CMl Service Boards and will allow candidates in equal standing to be certified on the eligible list as a tie. This will eliminate the use of arbitrary measures to break ties and allow additional candidates to be referred to departments. The Central California Association of Public Employees endorses the revisions. The Miscellaneous Departments Civil Service Board approved the revisions on July 18, 2000. August 8, 2000, 4:06PM S:~ADM[NRPT~Amendrnent to MCS Rule.wpd ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.11. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager August 1, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Appointment of League Voting Delegate and Alternate to Annual Conference RECOMMENDATION: Appointment of Councilmember David Couch as League Voting Delegate and Councilmember Jacquie Sullivan as Alternate. BACKGROUND: Each year, as part of the City's membership in the League of California Cities, the City Council is asked to appoint a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. The League has requested the City provide the names of the City's Voting Delegate and Alternate by August 18, 2000 so that proper records may be established for the Annual Conference which is being held September 7-9, 2000 in Anaheim. The annual business meeting will be held on Saturday, September 9, at 9:00 a.m., at the Anahei[m Convention Center. The Legislative and Litigation Committee met on July 13, 2000, to discuss this issue. The Delegate and Alternate are typically appointed from among elected leaders attending the Annual Conference. At the time of the meeting, Councilmember Couch indicated his willingness to serve as Voting Delegate. Councilmember Sullivan indicated her willingness to serve as Alternate. The Legislative & Litigation Committee is, therefore, recommending that Council appoint Councilmember Couch as League Voting Delegate and Councilmernber Jacquie Sullivan as Alternate. (P:\L&L~ADM00-08-16-1) August 1, 2000, 9:02AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. mm. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director July 31, 2000 DEPARTMENT HEAD ~]/~ ~' . ,~. CITY ATTORNEY ///' CITY MANAGER Notice from Gary Garone Farms to exercise option to extend Plant 2 Municipal Farm Lease Agreement No. 95-310. (Ward 1) RECOMMENDATION: Staff recommends acceptance of Notice to extend the lease agreement and file. BACKGROUND: Treated effluent from Wastewater Treatment Plant 2 is discharged to the 5000-acre City municipal farm for use by the farm lessee. The municipal farm has been leased by Gary Garone Farms for several years. The current Municipal Farm Lease Agreement No. 95-310 was entered into by Gary Garone Farms on December 13, 1995. The term of this lease is five years beginning January 1, 1996 to December 31, 2000 with an option to extend the lease for one additional period of five years, subject to all previsions of the lease. On May 4, 2000, Gary Garone Farms submitted a notice that they were exercising the option to extend the municipal farm lease for an additional five-year period from January l, 200~ to midnight December 3~, 2006. Having met all of the provisions of the lease, a letter response was issued confirming the lease agreement. ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. nn, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 3, 2000 APPROVED DEPARTMENT' HEAD X/,~. C I Ty ATTO RI~E y,~/~"~: CITY MANAGER ~ SUBJECT: Sale of one (1} used police K-9 sedan to Kern County Department of Parks and Recreation for $2,000.00. RECOMMENDATION: Staff recommends sale of used sedan. BACKGROUND: The City has received a request from Kern County Department of Parks and Recreation to purchase one (1) used K-9 sedan. Sale of surplus equipment to other governmental or non-profit agencies is a process provided for in the Municipal Code (MC 3.20.120F) that has been approved by the City Council. Staff recommends that one (1) used police K-9 sedan to be sold to Kern County Department of Parks and Recreation for $2,000.00. The sedan is being sold "as is and with all faults" to remove the City from any potential liability claims. P:~ADMiN~2000ADMIN\C000816D.wpd gJk:DW:ljm August 3, 2000, 4:43pm ADMINISTRA'rlVE REPORT MEETING DATE: August 16, 2000 IAGENDA SECTION: Public Hearing ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 28, 2000 y~A~2OVED DEPARTMENTHE~.._~,~. ~-~/__ CITY ATT ORN~~ Final Environmental Impa~ Repod, General Plan Amendmen~Zone ChanRe P99-0482 (Wa~ 4) Kyle Carter proposes a Final Environmental Impact Report, General Plan Amendment P99- 0482 and Ordinance. The project is 170 acres, located generally between Olive Drive, Fruitvale Avenue, Highway 99 and north of Downing/Gilmore Avenue (extended). Resolution certifying the Final Environmental Impact Report for General Plan Amendment P99~0482. Resolution adopting the General Plan Amendment to change land use designations from LI (Light Industrial) and HI (Heavy Industrial) to LR (Low Density Residential), LMR (Low Medium Density Residential) and GC (General Commercial). Also a Circulation Element Amendment to delete Mohawk Street as an Arterial north of Hageman Road, swing Hageman Road north and attach to Highway 99/204, change Hageman Road from a Collector to an Arterial between Mohawk Street and Knudsen Drive. Ordinance amending Title 17 of the Municipal Code and Zoning Maps 102-15 and 102-22 from M-I (Light Manufacturing), M-2 (General Manufacturing) and M-3 (Heavy Manufacturing) to R-1 (One Family Dwelling) zone, R-2 (Limited Multiple Family Dwelling) and C-2 (General Commercial) zone upholding the decision of the Planning Commission and denying the appeal by Olive-Landco Associates to the conditions of approval. RECOMMENDATION: Staff recommends adoption of the resolutions certifying the EIR and approving the general plan amendment, denying the appeal and first reading of the Ordinance. August 10, 2000, 8:57AM ADMINISTRATIVE REPORT Page 2 BACKGROUND: This project was recommended for approval by the Planning Commission with minor alterations to the conditions of approval after three hours of public Hearing on June 15, 2000. There have been significant changes to the project over the course of the year the project has been going through the environmental impact report process. The project involves the redevelopment of the abandoned sewerage treatment plant for the North of the River Sanitation District which relocated to a site near the City of Shafter. The application started out as a 504 acre annexation that included zone changes and general plan amendments to change a variety of industrial zones to residential and commercial developments (see attached Exhibit" C"). The entire 504 acres were annexed on April 24, 2000. Two major issues arose during the early environmental consultation period and one issue arose the night of the public hearing. The first of these issues involved the potential land use conflicts between the proposed residential areas in close proximity to the existing numerous industrial businesses located adjacent to the south and east. The industrial businesses documented the potential hazards of locating residential development so close to their existing facilities. The hazards identified included possible explosions, fires and accidental release of hazardous chemicals. Professional evaluation (found in the EI R) of the project resulted in the identification of setbacks from each of the various industrial uses. Setbacks between these disparate uses are based on the science of modeling the worst credible case for potential explosions, fires or hazardous chemical release. The setbacks required the removal of proposed future residents from the area of potential hazards. Some of these setbacks are quite extensive, as much as 2,600 feet from the site containing potentially hazardous chemicals. This matter was resolved by agreement between the applicant and industrial businesses to maintain a transition industrial area between the existing industrial and proposed residential development. Mr. Carter sold that area of his project within any of the several setbacks (see EIR) to the adjacent industrial users. In addition, he placed covenant restrictions on the property sold to restrict the industrial uses permitted to only those which wilil not have further impacts to the applicant's remaining residential development. This settlement reduced the applicant's project to 170 acres, two "islands" of residential development and one area for commercial development. The City Fire Department (Environmental Services) and all the original industrial users in the area are no longer expressing any concerns in regards to this project and did through a representative express support for this project at the June 15, 2000, Planning Commission meeting. The second issue, related to the area's overall road system but not a part of this general plan amendment, was raised by an adjacent property owner (Olive-Landco Associates, represented by Roger Mclntosh) who argued that Landco DrivE; should link up with a street along his property rather than Knudsen Drive as shown on the Circulation Element of the general plan. Subsequent to the City and County jointly adopting the Metropolitan Bakersfield 2010 General Plan in 1990 the county unilaterally changed the map for future streets from Landco Drive connecting to Knudsen Drive to Olive-Landco Associates' preferred alignment which intersects Olive Drive at the Highway 99 August 10, 2000, 8:57AM ADMINISTRATIVE REPORT Page 3 interchange. The City is bound to follow its adopted general plan and could not change the Landco Drive alignment without proper notice to affected property owners and other agencies (ie. Kern County, CalTrans and Kern Cog). Recognizing the need to restore consistency between city and county plans, staff of both jurisdictions have met and agreed to study the Olive Drive/Highway 99 area to determine what might be done to alleviate existing problems and optimize future street relationships. If the results of that study indicated that the city's circulation plan should be amended then a change would be considered in noticed public hearings by the Planning Commission and City Council. If, on the other hand, it is found that the county's map should be changed back to the original plan, then the county would initiate a general plan amendment. In the meantime, Kyle Carter offered to dedicate right-of-way which could be used to satisfy either plan and the Planning Commission accepted this solution. As it is, the general plan amendment and existing adopted circulation plan are consistent as required by State law. It would be improper at this time to amend the Circulation Element with respect to Landco Drive's alignment without proper analysis, notice and public hearing. Even with the condition to dedicate fifty-five feet of right-of-way where Mr. Mclntosh insisted it should be, he has now appealed the amount and timing of the dedication. Staff recommends against granting the appeal but does recommend that the condition be amended to reflect the intent to require the dedication "to the extent necessary to comply with the city's adopted general plan and traffic study as determined by the Public Works Director (see Condition No. 84). Although the general plan for the Olive to Knudsen connection may not be amended in this proceeding, if the City Council wishes such an amendment to be evaluated, Mr. Mclntosh's proposed realignment may be referred to the Planning Commission for review and recommendation with due notice and hearing. The final issue arose at the "eleventh hour" during the meeting on June 15, 2000. An industrial property owner along Seven Seas Avenue voiced concerns over the noise typically generated by the existing industrial uses along this street which would probably result in complaints from the future adjacent multi-family residences. In response, the Planning Commission required a setback between the two uses which may only be used for sump sites, roads, parking or yard area subject to a noise study to verify that the noise level on the residential area is consistent with noise standards for "sensitive uses" found in the Metropolitan Bakersfield 2010 General Plan. This requirement ensures no proposed residential dwelling adjacent to industrial property would be exposed to noise in excess of the general plan standards. The project has changed dramatically over the last year in response to various concerns. Now as recommended for approval it represents an excellent redevelopment and in-fill project which will provide a good buffer (either a canal, road, sumps or land area) between the existing industrial and proposed residential development. In addition, this project provides the necessary financial incentive to clean up a large property covered with various abandoned oil recovery structures, oil storage tanks, and an huge network of underground oil pipes. The final EIR and appendices were delivered to the City Council on June 2, 2000. MG:pjt (admin\aug\8-16-0482) August 10, 2000, 8:57AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Hearing ITEM: 9 · b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 17, 2000 Ap.~P Re(YE D DE.ARTMENT. CITY ATTORNEy CITY MANAGER General Plan Amendment and Zone Chan~e No. P00-0235 (Ward 4) Castle & Cooke California, Inc. is requesting a General Plan Amendment to change the land use designation from HMR (High Medium Density Residential) 1'o LR (Low Density Residential) on 8.62 acres and to, change the zoning from PUD (Planned Unit Development) to R-1 (One Family Dwelling) on 65.44 acres. The project site is located south of Campus Park Drive and west of Old River Road. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from HMR (High Medium Density Residential) to LR (Low Density Residential). An Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123- 18 from PUD (Planned Unit Development) to R-1 (One Family Dwelling) upholding the decision of the Planning Commission and denying the applicant's appeal to the conditions of approval. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance approving the project and denying the appeal. BACKGROUND: The Planning Commission held public hearings for GPA/ZC P00-0235 on June 12, and June 15, 2000. The project was recommended for approval by both staff and the Planning Commission. During the public hearing, staff requested the additional condition for a second lane to be improved in front of that portion of land at the southeast corner of Campus Park Drive and Mountain Vista Drive (ie. the 10 acre proposed school site). The condition was approved by the Planning Commission. The Planning Commission also added the condition that if the Buena Vista Canal is relocated, a 6' high chain link fence shall be constructed concurrently along both sides of the canal. As well, if the Buena Vista Canal is not relocated, it shall be fenced on both sides prior to issuance of a building permit within one quarter of a mile of the canal. Beth of the above August 9, 2000, 9:22AM ADMINISTRATIVE REPORT Page 2 conditions were proposed and approved to protect the public health, safety, and welfare. The first one to provide a safer route between the development along the south side of Campus Park Drive and the existing school fronting on Mountain Vista Drive. The second condition was required to discourage access to the canal by children. A map is attached showing Castle & Cooke's development and the location of Earl Warren Junior High School with the route between them and the road improvements in contention. The applicant has submitted an appeal to both conditions (see attached letter). In the appeal on the second lane road improvement, the applicant states that the condition is not required by the Subdivision Map Act nor is it justified for purposes of health and safety. Staff and the Planning Commission disagree and believe that the improvement is necessary to adequately protect school children and others accessing Fad Warren Junior High School along Campus Park Drive and Mountain Vista Drive. The Planning Commission also added that "If the subject 10.03 acre school site, located at the southeast corner of Campus Park Drive and Mountain Vista Drive, is sold to a non-governmental agency, the applicant shall be reimbursed by the developer of the site for improvements associated with construction of the second lane." The City Council has the authority to attach reasonable conditions of approval to general plan and zoning approvals to protect public health, safety and welfare. In the appeal on the fencing requirement for Buena Vista Canal, the applicant states that upon development, the canal would be fenced in conformance with the Ordinance. However, the Planning Commission upon finding that the ordinance would only require fencing of the canal immediately adjacent to the subdivision or phase of subdivision, determined that to adequately protect the public health, safety, and welfare, the canal must be fenced immediately upon relocation or, if not relocated, prior to issuance of a building permit within one quarter of a mile of the canal. Therefore, to adequately protect the public health, safety, and welfare regarding the proximity of residential development to the canal, staff and the Planning Commission are recommending approval of the condition. Staff is recommending that the City CounciI deny the applicant's appeal, as submitted, and approve GPA/ZC P00~0235 as recommended by the Planning Commission. We:pit P:admin/aug/8-16-0235 August 9, 2000, 9:22AM ADMINISTRA'II'IVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Hearings ITEM: 9 .c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 20, 2000 DEPARTMENT HEAp.~.~_~ CITY ATTORN~ ~--~ CITY MANAGER ~_y(~ General Plan Amendment/Zone Chanqe P00-0236 (Ward Nos. 2 and 5) Halferty Development Corporation, LLC, has requested an amendment to the Metropolitan Bakersfield 2010 General Plan and a zone change for that property located along the south side of Ming Avenue between Canter Way and Rain Tree Court. (Ward Nos. 2 and 5) General Plan Amendment P00-0236, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from HMR (High Medium Density Residential) to GC (General Commercial) on 5.14 acres. Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 123-10 and 123-11 changing the zoning district from R-1 CH (One Family Dwelling Church) and R-3 (Limited Multiple-famUy Dwelling) to PCD (Planned Commercial Development) on 5.14 acres. RECOMMENDATION: Staff recommends adopting of resolution and first reading of the ordinance. BACKGROUND: Applicant proposes to demolish the existing Fellowship Bible Church, sixtee~r~ apartment units and develop the site to a shopping center consisting of 71,500 square feet of floor area with retail and restaurant uses. Most of this site is vacant and has never been developed (70% of the site is a dirt lot). Planned Commercial Development Zone: PCD zoning permits approval of a specific detailed plan for development consistent with uses permitted in the C-O, C-1 and C-2 zoning districts. There is a main tenant building and 3 free standing pads, two of which involve restaurants. Access is off Ming Avenue, Canter Way and Rain Tree Court. July 20, 2000, 10:42AM ADMINISTRATIVE REPORT Page2 Planning Commission Public Hearing The Planning Commission held public hearings on June 12 and 15, 2000 and July 3 and 6, 2000 and recommended approval of the Negative Decliaration, General Plan Amendment and Zone Change with extensive changes to the project. Issues raised by opponents of the project included the following: increase in traffic on Ming Avenue; tack of proper streets and controlled Canter Way intersection for delivery trucks; lights, noise and congestion in the parking lot; lights being on all night and their affect on the apartments along Rain Tree Court and the condominiums along Ming Avenue; and vandalism. Halferty Development Company, LLC, has met with the adjoining property owners at two neighborhood meetings. Extensive changes to the project design were made to address the concerns expressed by the neighborhood. There remained some concerns expressed at the public hearing of June 15. For that reason the Plarming Commission sent the project to a subcommittee (Zoning Ordinance Committee) which met on June 21. The result of this meeting were 13 conditions of approval which addressed access, lighting, loading dock design, building setbacks, landscaping, parking and trash bin locations. The full commission approved the project at the meeting of July 6, 2000 and added another condition of approval (see condition numbers 1-14 Exhibit A). Several adjacent property owners spoke in support of the project and the commission acknowledged the proposal is both an in-fill and a redevelopment project within an area completely "built out." (pit) (admin\aug\8-16-0236) July 20, 2000, 8:08AM ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Hearing ITEM: 9 · d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 6, 2000 APPI~OVED DEPARTMENTHEAD~/~, CITY ATTORN E~'~'/~ CITY MANAGER ~('~ General Plan Amendment/Zone Chanqe P00~0238 (Ward 4) Tom Teagarden representing KARPE requests to amend the Metropolitan Bakersfield 2010 General Plan: General Plan Amendment No. P00-0238 and Ordinance. The project covers approximately 3.58 acres located along the north side of Brimhatl Road, east of Jewetta Avenue. General Plan Amendment P00-0238, a Land Use Element Amendment from GC (General Commercial) and SR (Suburban Residential) to LMR (Low Medium Density Residential). An Ordinance amending Title 17 of the Municipal Code and zoning Map No. 102- 30 from C-1 (Neighborhood Commercial) and E (Estate) to R.-2 (Limited Multiple Family Dwelling) zone. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: The Planning Commission held public hearings on this General Plan Amendment and Zone Change on June 12, and June 15, 2000. Thiis project was recommended for approval by both staff and the Planning Commission with conditions of approval. There was no opposition for this item at the public hearing. No significant environmental issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The purpose of the proposal is to increase the size of the LMR/R-2 to 7.7 acres area for future development of the site. This would allow a larger buffer between the commercial area at the corner of Jewetta and Brimhall and the single family residential area to the east. There are no sites available for multi-family residential development for more than % mile. MO:pit P;admin/aug/8-16-0238 July 20, 2000, 3:08PM ADMINISTRA'FIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Hearings ITEM: 9 · e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 20, 2000 APPROVED DEPARTMENt' ,EAI~ -- General Plan Amendment/Zone Chan.qe No. P00-0253 (Ward 4) DeWalt Corporation has requested an amendment to the Metropolitan Bakersfield 2010 General Plan and a zone change for that property located along the northwest corner of Calloway Drive and Meacham Road. General Plan Amendment P00-0253, an amendment to the La, nd Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 3.93 acres. Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 102-19 changing the zoning district from R-1 (One Family Dwelling) to PCD (Planned Commercial Development). Subject site consists of 3.93 acres. RECOMMENDATION: Staff recommends adopting of resolution and first reading of the ordinance. BACKGROUND: Subject site is a 3.93 acre (gross) site located along the nor[hwest corner of Calloway Drive and Meacham Road. Applicant proposes to develop the site to a restaurent facility with fine dining in the existing dwelling and with two casual dining structures and relaxation areas distributed around the site. Outdoor activities will include weddings and a deck for dining and socialization adjacent to the existing house. Gazebos will be available for' garden weddings. Applicant states that the existing dwelling will be converted to a fine-dining restaurant and virtually all existing trees will be allowed to remain, including some of the oak and eucalyptus trees. Other dining facilities, parking lot and landscaping will be placed on the site. A 105 year old single-family dwelling, 80 year old oak trees and 100 year old eucalyptus trees are located on the site. Subject site is located adjacent to a residential area. July 20, 2000, 10:19AM ADMINISTRATIVE REPORT Page 2 Planned Commercial Development Zone: PCD zoning permits approval of a specific detailed plan for development consistent with uses permitted in the C-O, C-1 and C-2 zoning districts. Planning Commission Public Hearing The planning Commission held public hearings on June 12 and 15, 2000 and recommended approval of the Negative Declaration, General Plan Amendment and Zone Change Amendment. However, the Commission did recommend the following changes to the site plan. Delete the turnaround at the end of Theodora Avenue. Theodora Avenue dead ends at the subject site's west property line. Replace the two ingress/egress drives on the north side of Meacham Road with one ingress/egress drive. 3. Approval of 146 parking spaces, 11 spaces less than required by ordi[nance. The applicant conducted neighborhood meetings and redesigned the project to address concerns expressed. Staff received few calls or letters from this neighborhood expressing opposition to this project. Issues were raised at the hearing by several opponents of the project. These issues included the following: tight and glare; increase in traffic bringing safety concerns for children; and serving alcohol just outside the 600 foot separation distance between a school and an establishment serving alcohol. (RED:Pit) (admin~aug\8-16-0253) July 20, 2000, 10:19AM ADMINISTRATIVE REPORT MEETING DATE: August16,2000 I~epods AGENDA SECTION: ITEM: :[0.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager August 3, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Oral Report by Councilmember Mark Salvaggio on Kern Council of Governments meeting of July 20, 2000 regarding Fairfax interdhange request and Rosedale - Rio Bravo Water Storage District recommendation for mitigation related to Highway 58 RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: JWS:al August 3, 2000, 1:16PM S:~,dmin Rpts~.000\Sa[vaggio - Kerncog Rpt - 081600.wpd ADMINISTRA'rlVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: Deferred Business ITEM: 11. a. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: July 20, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Ambulance Rate Review Process. RECOMMENDATION: The Budget and Finance Committee recommends continuing the current rate review process and to have staff provide ambulance rate survey information to the Council prior to the rate review hearing. BACKGROUND: Councilmember Carson referred the issue of the ambulance rate review process to the Budget and Finance Committee. The Budget and Finance Committee met and asked staff to provide information on the process used to review rates for ambulance service in the city. For many years staff conducted rate surveys of several other cities and reviewed this information with the City Council and ambulance providers. Staff would make recommendations regarding proposed rates and the Council, after review by the Budget and Finance Committee and discussions and negotiations with the ambulance providers would adopt certain rate adjustments or in some cases changes to rate categories. Ambulance companies generally would justify the rate changes due to cost of living increases, increases in insurance costs, fuel costs, etc. This process was time consuming for the Council, staff and the ambulance providers. On Mamh 10, 1995 the City Council, in response to a request by ambulance service providers, amended the Ambulance Regulation Ordinance to provide for a new method of ambulance rate review by the City Council. The Ordinance now requires the companies to submit their proposed rates by January 1st each year and that a public headng be conducted within 60 days. The Council may increase, decrease, accept or alter the charges as submitted by the ambulance service providers. The new rates are to take effect on Apdl 1 following the public headng and upon adoptio~ of a resolution by the City Council setting the rates. The new process provides a graater opportunity for public input and significantly reduces the time needed for review for every proposed change to the rates. Staff continues to review the basis for any rate increase proposed by the ambulance providers. Staff prepared a brief informational survey for the Committee of rates for the cities which had been used in the past for rate review purposes. Ambulance rate structures are not consistent throughout the state, and due to differences in billing methods, rate catego~ies, and local regulatory and operational criteria the comparison and benchmarkir~g of rates is cumbersome and a somewhat subjective process. July 20, 2000, 10:29AM ADMINISTRATIVE REPORT Page 2 For example, the City of Bakersfield Ordinance requires that all ambulances responding to emergency calls be staffed at an Advanced Life Support (ALS) level, others surveyed may not have that requirement. Some providers have the ability to utilize a "laundry Iisi' of fees for additional items such as use of a cervical collar splints, etc. Some have alt inclusive fees. One of the cities surveyed (Sacramento) has their Fire Department provide ambulance service and there is a $50.00 charges for a medical response by the fire truck where there is no medical transport. Some counties provide rate regulation and some do not. Some areas provide for exclusive operating areas for ambulance providers. Even the rate structures for Hall Ambulance within the City of Bakersfield and those for the unincorporated areas of the County of Kern differ. There also may be some differences in the rates based on the different implementation dates of rate setting for each area. These and other factors make rate review a complex matter. The Committee reviewed this information with steff and determined that the current process could be improved if staff were to provide additional rate survey information to the Council when a request for a rate increase is made. Therefore, the Committee recommends continuing the current rate review process and to have staff provide ambulance rate survey information to the Council prior to the rate review headng. S:\JOHN~AMB\Rate Review Admin.wpd July 20, 2000, 10:07AM ADMINISTRA'rlVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Deferred Business TEM: 11. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager July 20, 2000 Ice Rink Studies APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: The Community Services Committee recommends placing the feasibility study and preliminary design work on hord, until the status of the City Center project is more clear. BACKGROUND: At the City Council meeting of May 10, 2000, the City Council authorized $50,000 for a feasibility study and preliminary design work relative to attracting an ice rink to Bakersfield. At about the same point in time, the City Center developer teamed up with a group from Portland, Oregon, and they proposed an addition of a community recreational facility to the City Center proposal. That facility includes a full sized ice rink, as well as a gymnasium for basketball, volleyball, etc. The recreational facility in City Center would use its own design and its own feasibility study. Both would be unique to that proposal at that location. The work that would be done for a stand alone facility at another location would not be applicable to City Center. The staff had a designer selected and a contract ready to execute. A list of finalists for the feasibility study had been identified, and the process to select one was ready to go. The dilemma is this: 1) If City Center goes through, the $50,000 spent on a stand alone facility would be wasted. 2) If City Center fails, the $50,000 worth of work would be needed. July 26, 2000 ADMINISTRATIVE REPORT Page 2 3) If the contracts are delayed while City Center is pending, and City Center is considered for 6 months and fails, there would be another delay to issue the contracts and start the work, thus losing more time. The $50,000 of work in this regard could be viewed as an insurance policy - doing it speeds the back up plan, if City Center fails. Faced with this dilemma, the staff took the issue to the Community Services Committee. The Committee wanted to hold off on issuance of the contracts, so as not to waste $50,000. If City Center is successful, the money would be better spent for the land assembly at that site. Should City Center fall through, the studies could be immediately reactivated. Postcript: Another group in town is asking for land, both at Metro Park and from NOR, on Coffee Road, to build a recreational facility that would include ice. We have no basis for knowing their likelihood of success, but their design, too, is unique to their proposal. July 28, 2000 ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 AGENDA SECTION: Deferred Business ITEM: 11.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 22, 2000 APPROVED DEPARTMENT HEAI~, , CITYATTC)RNE/~ 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 adoption of Ordinance. BACKGROUND: The Council conducted the first reading of the ordinance on July 19, 2000. 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\aug\8-16-a409) July 10, 2000, 2:28PM ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: New Business ITEM: :t2.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 13, 2000 APPROVED DEPARTMENT HEAD CITY ATTORN E~Y ~-~---~' CITY MANAGER Ordinance Amending Section 14 Subsection (a) of Ordinance No. 2518 Relating to the Cable Television Franchise of Time Warner Entertainment Advance/New House. RECOMMENDATION: First reading of the Ordinance. BACKGROUND: This Ordinance will allow Time Warner Entertainment Advance/New House a 24-month franchise fee exemption for its highspeed internet service. The public hearing for this Ordinance is scheduled at the time of second reading of the Ordinance on August 30, 2000, as specified in the published notice in accordance with Resolution No. 89-00, adopted by the City Council on July 19, 2000. ADD:dlr S:\COU NCIL'C,d mins\TimeWamerFeeExemption wpd July 24, 2000, 3:56pm ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: New Business TEM: 12. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ralph E. Huey, Director of Environmental Services July 12, 2000 DEPARTMENT HEAD ~-~/~' .~/~ CITY ATTORNEY CITY MANAGER Ordinance Repealing Sec. 15.64.180 of the Bakersfield Municipal Code Regarding Unsupervised Fuel Dispensing RECOMMENDATION: Staff recommends first reading. BACKGROUND: Article 52 of the California Fire Code, which addresses motor vehicle fuel dispensing stations, states in Section 5201.6.3: "Unsupervised dispensing is allowed when the owner or operator provides, and is accountable for daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of dispensing equipment, and posted telephone numbers for the owner er operators." Bakersfield Municipal Code section 15.64.180 adds to section 5201.6.1.1 of the Uniform Fire Code the following provision: (6.1.1) Approved special dispensing devices such as, but not limited to remote preset types are permitted at service stations provided that emergency controls are installed and are operational at a location acceptable to the Fire Chief. Except at membership or account-only service stations, the dispensing of Class I liquids shall be under the control of a competent attendant at all times. As shown above, the Bakersfield Municipal Code Section 15.64.180 modified the California Fir(; Code language to limit unsupervised dispensing to membership or account only service stations. The City of Bakersfield currently has approximately 40 gas station facilities that utilize card readers. Considering the technological advances in both safety and leak detection monitoring, it would be appropriate for these stations to be able to operate after hours unsupervised. Adoption of this ordinance would Repeal this section of the, municipal code and permit these facilities to operate like a cardlock facility after hours. Enforcement would then be in accordance with the existing California Fire Code language. dm July 25, 2000, 5:05PM P:~enviro serv\gasdispense admin rpt.wpd ADMINISTRATIVE REPORT t MEETING DATE: August 16, 2000 AGENDA SECTION: New Business ITEM: :L 2. c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 31, 2000 DEPARTMENT' H ~/~AP"~VED CITY ATTORN~~ CITY MANAGER ~ SUBJECT: An ordinance amending Title seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 102-24 by changing the zoning fi'om a PCD (Planned Commercial Development) ;zone to a revised PCD (Planned Commercial Development) zone to add a helistop, and to revise the medical office building and hospital wing of the Bakersfield Heart Hospital on 10 acres generally located 3001 SiIlect Avenue (File # P99-0911). (Ward 5) Agreement and comment to dedicate right-of-way and to construct improvements. RECOMMENDATION: Staff recommends first reading of ordinance and approval of the agreement. BACKGROUND: On July 6, 2000, the Planning Commission held a public hearing and adopted Resolution No. 70-00 recommending approval with conditions of the zone change application submitted by Cornerstone Engineering which requested approval of a revised PCD (Planned Commercial Development) zone for the Bakersfield Heart Hospital campus. The request included approval of a helistop, a revision to the medical office building location and configuration and revision to the footprint of the hospital wing. The hospital proposes to construct parking and landscaping within the right-of-way of the future Sillect Avenue alignment and the Oak Street/Sillect Avenue intersection. Construction of the Oak/Sillect street improvements is tentatively scheduled to take place 7 to 10 years. To provide for implementation and monitoring of the future streets improvements for the Oak Street and Sillect Avenue intersection, the applicant has consented to enter into an agreement between the hospital and the City which identifies each parties' responsibilities related to the hospital's ability to use City's right-of-way for temporary parking until such time as the Cityr constructs the Oak Stre~Sillect Avenue alignment. The following are the agreement highlights: August 3, 2000, 11:10AM ADMINISTRATIVE REPORT Page 2 THE HEART HOSPITAL: CITY: A. B; C. Shall obtain approval for a modification to parking requirements as part of the PCD approval to allow for temporary parking within the Sillect right-of-way. Shall provide a permanent right of entry to the City of Bakersfield for the construction of the future alignment of Sillect Avenue and Oak Street. Will build replacement parking to Cil:y Zoning Ordinance standards in the area of Sillect Avenue within six months of the City's completion of the Sillect Avenue/Oak Street improvements. Hospital is required tc post a performance bond to ensure completion. Will provide conduits across the future alignment of Sillect Avenue for power and water for the future replacement parking lot. Will demolish the existing parking lot and associated improvements within the future alignment of Sillect Avenue and Oak Street. Will construct the roadway for Sillect Avenue and Oak Street, including any required retaining walls, landscaping, irrigation, etc. D. Will process a vacation procedure for the excess portion of Sillect Avenue as a part of the Oak Street Bridge at the Kern River project. Approval of the PCD (Planned Commercial Development) ordinance and the agreement would allow for the following specific changes to the original Heart Hospital PCD. 1. A helistop landing pad for medical emergency helicopters; 2. A revised footprint of the future 40,000 square foot 2-story hospital wing; 3. A 3-story, 38,416 square foot medical office building with slight re-location of the building footprint (originally approved as a 45,000 square foot 3-story building); 4. A total of 103 hospital beds consisting of 71 beds in the main hospital and 32 in the wing addition (originally approved for a total of 90 beds); 5. Provide parking in compliance with the Zoning Code. An initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment. A Negative Declaration was prepared and posted on April 11, 2000, for a 30-day agency review period in accordance with CEQA. Staff recommends adoption of a Negative Declaration. (JE) (admin~aug\8-16-0911) August 3, 2000, 11:10AM ADMINISTRATIVE REPORT MEETING DATE: August 16, 2000 ! AGENDA SECTION: New Business ITEM: 12.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 17, 2000 CITY ATTO R N EY;~"~~ CITY MANAGER An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No, 410 to Ward 4, located generally between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. (Ward 4) RECOMMENDATION: Staff recommends first reading of Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 410 area into the corresponding Council ward. The annexations were approved by Council on July 19, 2000. Annexation Ward No. Population Annexation No. 410 4 Estimated at 4 Annexation No. 410 is located generally between Alien and Jenkins Roads, north of Brimhall Road to Rosedale Highway. The property owners requested annexation to receive city services. The territory consists of 144 acres. (MO:pjt) (admin\aug\8-16-a410) July 17, 2000, 10:29AM ADMINISTRATIVE REPORT IMEETING DATE: August 16, 2000 AGENDA SECTION: New Business ITEM: 12.e. TO: FROM: DATE: SUBJECT: Honorable Meyor and City Council Development Services - Planning July 17, 2000 CITY MANAGER An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 411 to Ward 4, tocated generally north of Stockdale Highway between Allen and Jenkins Roads. (Ward 4) RECOMMENDATION: Staff recommends first reading of Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to incrude Annexation No. 411 area into the corresponding Council ward. The annexations were approved by Council on July 19, 2000. Annexation Ward No. Population Annexation No. 411 4 2 Annexation No. 411 is generally located between Stockdale Highway and Morroco Avenue generally between Allen and Jenkins Roads. The site consists of a single family home on ~ acre. The property owner requested annexation to receive city services. (MO:pit) (admin\aug\8-16-a411) July 17, 2000, 10:29AM