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HomeMy WebLinkAbout09/27/2000 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 27, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting ~ 7:00 p.m. PRE-MEETING 1. ROLL CALL (15 rain) (20 men) WORKSHOP Discussion of Emergency Room Overcrowding (Russ Blind, Kem County Intedm EMS Director) Govemor's Proposition 13 Project - Kern River Flow Restoration Program, (Gene Bogart, Water Resources Manager) 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Govemment Code Section 54956.9; Elsa Flores vs. City of Bakersfield, et al.; Kem County Superior Court Case No. 240682-JES b. Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee organizations: Fire and Police. REGULAR MEETING 1. INVOCATION by Brian Dobson, 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 Mary Anne Walz, Chairperson of Paint the Town Pink and Director of the Kern County Chapter of Link to Life, proclaiming October, 2000, as "Paint the Town Pink Month". b. Presentation by Mayor Price of Proclamation to Randall Messick, Theater Arts Professor at Bakersfield College, proclaiming October, 2000, as "Shakespear Festival Month". PUBLIC STATEMENTS APPOINTMENTS a. One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group. Staff recommends Council Determination. (Ward 5) (Ward 1 ) (Wards 5, 6) (Ward 2) CONSENT CALENDAR Minutes: Special Meeting of September 11, 2000 and Regular Council Meeting of September 13, 2000. Payments: Payments from September 2, to September 15, 2000 in the amount of $4,947,378.75; and Self insurance payments from September 2, to September 15, 2000 in the amount of $63,752.19. Resolutions: Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 ET SEQ. of the Government Code of the State of California - Public Works Department. Resolution adding territory, Area 1-18 (Stockdale, California NE)tothe Consolidated Maintenance Distdct and confirming the assessments, approving the Public Works Directors Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution approving the submission of an application for a loan to the California Housing Finance Agency for a housing project element of the City Center Project. Agreements: Agreement with Aquatics Club of Bakersfield for use of Silver Creek and Jastro Park swimming pools. Agreement with North Bakersfield Recreation and Park District, a tax exempt special district of the State of California, to purchase 12 surplus computers, monitors, and keyboards and three surplus printers from the City for $1.00 each for a total of $15.00. Restrictive Covenant Agreement with Kern County Board of Education and Allen School Partners, LLC providing for a non-buildable easement on school property adjacent to the new parking structure and office building project located northeast of 20th and K Streets. -2- (Ward 2) (Ward 3) (Ward 2) (Ward 2) (Ward 2) (Ward 4) CONSENT CALENDAR continued i. Agreement with Muxlow Construction to provide handicap accessibility improvement services to qualified low-income residents, not to exceed $70,000. j. Amendment No. I to Agreement No. 97-199 with Acclamation Insurenca Management Services (AIMS) for claims administretion services. ko Amendment No. I to Agreement No. 99-231, with Klassen Corporation, $71,356 increase for preparation of final design and construction documents for the Downtown Fleet Services Facility. Bids: I. Award Contract to Irv Guinn Construction, $433,189 for the construction of three additional miles to the Northeast bike path. m. Award Contract to Data-Communications Services, Incorporated, $28,878.71 to provide and install network cabling to locations throughout the Development Services Building. n. Accept bid from Thorp's Harley-Davidson, Incorporated, $112,537.42 for seven replacement motorcycles for the Police Department. Accept bid from Toter, Incorporated, $178,442.55 for 4,200 refuse and yard waste containers. p. Reject all bids for Downtown Streetscape Expansion Project: 17~, 18~, 19~, 20t", 21st and 22"~ Streets, from Eye Street to K Street. Miscellaneous: Appropriate $389,998 State Funds to the Capital Improvement Budget within the Amtrak Railway Fund. Removal of Stephen Lewis from the Board of Building Appeals. Centennial Garden Financial Statements. (staff recommends referral to the Budget and Finance Committee) Staff recommends adoption of Consent Calendar Items a. through s. HEARINGS Resolution approving City Annexation No. 412, Proceeding No. 1286, uninhabited territory located along the north side of Rosedale Highway, west of State Route 99. Agreement to Indemnity LAFCO for City Annexation No. 412, Proceeding 1286. Staff recommends motion to open hearing and continue to October 11, 2000. -3- (Ward 3) HEARINGS continued b. Resolution ordedng the vacation of Camino Grande Ddve to prohibit public access along the north side of the Cogeneration Plant. Staff recommends adoption of the resolution. 10. REPORTS a. City Manager Report No. 4-00 regarding City Center Update. Staff recommends acceptance of report. 11. (Ward 2) (Ward 4) DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-25 by changing the zoning from a Limited Multiple Family Dwelling zone to a Professional Office zone on 0.74 acres, located on the half block on the east side of E Street, between 21't and 22'~ Streets. (#P00-0430) (First reading 9/13/00) Staff recommends adoption of the ordinance. Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 102-30 from a Heavy Industrial to General Manufacturing zone located along the north side of Rosedale Highway, west of State Route 99. (ZC P00-0410) (First reading 9/13/00) Staff recommends adoption of the ordinance. 12. 13. NEW BUSINESS COUNCIL STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Council~Agenda\SEP2700.w~l September 21, 2000 (9:17arn) BAKERSFIELD MEMORANDUM SEPTEMBER 22, 2000 TO: FROM: THROUGH: SUBJEGT: HONORABLE MAYOR AND CITY COUNCIL TG~/ DARNELL W. HAYNES, ASSISTANT TO THE CITY MANAGER PRE-MEETING There will be two workshops: 1 ) Discussion of emergency room overcrowding by Russ Blind, Kern County Interim EMS Director; and 2) Update of the Kern River Flow Restoration Project by Gene Bogart, Water Resources Manager. There are two closed session items: 1) existing litigation regarding Bsa Flores versus the City; and 2) conference with labor negotiator. APPOINTMENTS There is one appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: 8c. Resolution approvincl the destruction of certain obsolete City records, documents, instruments, books and papers - Public Works Department. This resolution authorizes the Public Works Departmentto destroy obsolete records and reports, etc. Governmental Code section 34090 permits destruction of certain public records upon the approval of the City Attorney and a resolution adopted by the City Council. 8d. Resolution addinq territory to the Consolidated Maintenance District and confirminq the assessments, approvinq the Public Works Director's Report and authorizinq collection of assessments bV the Kern CountV Tax Collector. Awrittenrequestwasreceivedbytheownerofthe HONORABLE MAYOR AND CITY COUNCIL September 22, 2000 Page -2- into the Consolidated Maintenance District. Inclusion in the Distdct will provide for maintenance of median landscaping. This area is generally bounded by Business Center Drive on the north, a line 750 feet east of California Avenue on the east, Stockdale Highway on the south and California Avenue on the west. The owner also submitted a Proposition 218 ballot, which waives the public hearing. 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 dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with any future subdivision maps. 8e. Resolution aPProvino the submission of an application for a loan to the California Housing Finance AQencV for a housinq project element of the City Center Project. At the Apdl 12, 2000 City Council meeting, a resolution was approved authorizing the submission of a loan application from the CHFA Housing Enabled by Local Partnership (HELP) Program. In June 2000, the City was notified that the application was denied, but encouraged to apply for the September 2000 funding. The program provides local governmental entities with financial assistance to create housing for unmet affordable housing needs of the jurisdiction. This loan would allow the Cityto leverage scarce housing funds. The resolution will grant authority to a particular signatory to submit an application to CHFA for the HELP program, to incur an indebtedness and execute loan agreements, and take other actions necessary to facilitate the proposed program. Aclreements: 8f. Aareement with Aauatics Club of Bakersfield for use of Silver Creek and Jastro Park swimmincl pools. The swim team is requesting the use of the Silver Creek swimming pool from September through January 2001 and the Jastro Park swimming pool from February through May 2001, generally twice a day, once in the morning and once in the afternoon. Both facilities are normally not in use by the public during this time period other than the City sponsored lap swimming program. Under this proposed agreement, the swim team will share the pool with the lap swimming participants and not be allowed access on days when high school swim meets are scheduled. Pursuant to the Master Fee schedule, use of City swimming pools is charged at $80 for two hours including lifeguards. Staff is proposing that the pool rental rate for the Aquatics Club of Bakersfield be $28 per hour since they do not require the use of lifeguards. This is the same rate charged to the Kern High School District for the rental of City pools during its high school swim season. Since the proposed rate of $28 is lower than the amount listed on the Master fee Schedule, staff is forwarding this item for Council approval. 8~. A<~reement with North Bakersfield Recreation and Park District to purchase surplus computers, monitors and keyboards, and three surplus printers from the City for $1.00 each for a total of $15.00. The Finance Director' has received a request from North Bakersfield Recreation and Park District to buy 12 surplus computers and three surplus printers. The items would be sold "as is and with all faults" to remove the City from any potential liability claims. The Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a government entity or nonprofit organization shall be subject to approval by the City Council. Staff is recommending the sale of the surplus computers and printers. HONORABLE MAYOR AND CITY COUNCIL September 22, 2000 Page -3- 8h. Restrictive Covenant Aclreement with Kern County Board of Education and Allen School Partners, LLC providine for a non-buildable easement on school property adjacent to the new parking structure and office bulldine proiect located at the northeast of 20th and K Streets. This agreement provides for a necessary non-buildable clear area between The Kern County Board of Education Building and the new Downtown Cal State University of Merced Bakersfield Extension project. Staff is recommending acceptance of the Agreement. 8i. Aareement with Muxlow Construction to provide handicap accessibility improvement services to auali~ed low-income residents, not to exceed $70,000. The City of Bakersfield's Home Access (HA) Grant Program currently provides grants up to $2,500 for handicap accessibility in privately or publicly owned residential structures for low-income residents who are physically disabled. The types of improvements funded in the HA Grant program include exterior ramps, grab bars, handicap toilets and doorwidening. Recent changes in HUD regulations require compliance with Lead Based paint requirements effective September 15, 2000. As a means of complying with the new HUD requirements, in addition to offering Home Access grants up to $2,500, the HA Grant Program for FY 2000/01 intends to offer additional assistance up to $1,000 per HA dwelling unit in cases where LBP regulations are triggered, which wilt increase the HA grant maximum to $3,500 per dwelling unit. A Request for Proposai(RFP) for the City's Home Access (HA) annual contract for construction services was issued last July and three contractors responded. The low bid was received from Muxlow Construction. Staff is recommending approval of the Agreement. 8i. Amendment No. 1 to Aareement No. 97-199 with Acclamation Insurance Management Services (AIMS) to'provide supervision and administration of the City's qeneral and auto liability claims proqram. This amendment continues the services of AIMS forthe administration of general and auto liability claims for the City of Bakersfield. The only significant changes to the agreement are an increase of the hourly rate from ,$40 to $44 per hour for claims handling and an increase in the hourly secretary rate from $16 to $19 per hour. Additionally, the agreement is being extended for one year (through August 1, 2001). Staff plans to do an RFP for general and liability claims before the extended term expires. Staff is pleased with the services of AIMS since they originally contracted with the City 3 years ago. 8k. Amendment No. 1 to Ac~reement No. 99-231 with Klassen Corporation for preparation of final desicon and construction documents for the Downtown Fleet Services Facility in the amount of $71,356. Agreement 99-231 was originally designed as a two part design build contract. Part 1 was to establish the design development phase of the project. Part 2 was for the final design, construction documents and actual construction of the facility. Part I work has already been completed. The contractor has requested the City further divide the contract to separate the actual construction of the facility from the final design and construction document portion of the contract. Staff concurs with this request and is recommending approval of the amendment. Bids: 81. Award Contract to IRV Guinn Construction for the construction of three additional miles to the Northeast bike path in the amount of $433,189. This project will involve adding three additional miles to the Northeast bike path. The project will be suspended after grading has been completed so that HONORABLE MAYOR AND CiTY COUNCIL September 22, 2000 Page -4- California Water Company can install a water line along the bike path to service their water purification plant. After installation of the water line, the City contractor will pave the bike path. Staff received four acceptable bids and recommends award to Irv Guinn Construction. 8m. Award Contract to Data-Communications Services, Inc, to provide and install network cabline to locations threuc~hout the Development Services Buildincl in the amount of $28.878.71. This bid is for the replacement of 10 year old computer networking cable throughout the Development Services Building. Replacement of the cabling will improve local area network speed and provide new convenient locations for computer placement. Staff received two acceptable bids and recommends award to Data-Communications Services, Inc. 8n. Bid award for seven replacement motorcycles for the Police Department to Thorp's Harlev- Davidson, Inc, in the amount of $112,537.42. Staff received one acceptable bid and is recommending award to Thorp's Harley-Davidson, Inc. 80. Bid award for 4.200 refuse and yard waste containers to Toter, Inc, in the amount of $178,442.55. Staff received two acceptable bids and is recommending award to Toter Incorporated. 8p. Reject all bids for Downtown Streetscape Expansion Proiect: 17t", 18"', 19th, 20th, 21't and 22"d Streets, from Eve Street to K Street. Streetscape improvements were proposed to be extended down each street one block to the west (to Eye Street) and one block to the east ("K" Street) of Chester Avenue. With the east limits of the project set at "K" Street, the area on the south side of 17th Stree~ from "K" Street to "L" Street fell outside of the project limits. The Truxtun Tower Association requested the City to include that portion of the project that fell outside of the project limits in the City's downtown streetscape expansion project and they would reimburse the City for their portion of the expenses. Staff estimated the Association's share of the project to be approximately $9,580. Based on the low bidder's proposal, the Association's share of the project would be $77,088 which exceeded the staffs estimate. The Association informed the City staff that they could not pay that amount and the low bidder informed the City staff that he would not be able to honor his bid if the Association's portion of the project were eliminated. To alleviate this problem, staff is proposing to reject all bids and re-advertise the project for construction to begin in early 2001. If this request is approved, construction activities will not impact the retailers during the Christmas shopping season. Miscellaneous: 8q. Appropriate $389,998 State Funds to the Capital Improvement Budaet within the Amtrak Railway Fund. This item appropriates additional State revenues in the amount of $389,998 to the Amtrak Railway Fund. After its initial allocation of $2.5 million, the City received notification that an additional $196, 629 in transit capital improvement funds were available for reimbursement on the project, This report also requests an increase in appropriations in the current year because additional Transportation Enhancement Act funds in the amount of $90,029 and Inner City Rail funds in the amount of $103,340 became known to staff after the fiscal year 1999-00 carry over process was completed. HONORABLE MAYOR AND CITY COUNCIL September 22, 2000 Page -5- 8r. Removal of Stephen Lewis from the Board of Building Appeals. The Board of Building Appeals meets on an as-needed basis to resolve interpretation conflicts in materials and construction methods as well as provide a public hearing forum in the City's dangerous building abatement cases. The Board has not convened in approximately three years due to a lack of issues, but plans to begin regular meetings in October 2000. In giving notice to current Board members, staff was unable to contact Mr. Steven Lewis through the mail or his last known telephone number. Staff is recommending the City Council remove Mr. Steven Lewis from the Board of Building Appeals due to the adequate number of members willing, able and available to serve. 8s. Centennial Garden Financial Statements. The City received the audited financial statements for Ogden Entertainment operations of the Centennial Garden and Convention Center for the year ending June 30, 2000. The operating loss from operations is $227,624. This is a $910,316 reduction from the $1,137,940 operating loss the City experienced when the stand alone Convention Center was operated with City staff in 1997-98. This compares favorably to a $594,107 net Ioes for 1998-99, the first year Ogden Entertainment operations operated the facilities under a management contract. Staff is recommending the financial statements be referred to the Budget and Finance Committee. HEARINGS 9a. Resolution approvinq, and Ac~reement to IndemniN LAFCO for City Annexation No. 412, unin~abitedterrit~rv~~cateda~~nc~then~rthside~fR~sedaIeHiQhwav`west~fStateR~ute99. The annexation area consists of approximately 24 acres of uninhabited land. The Local Agency Formation Commission (LAFCO) approved the annexation by adopting Resolution No. 00-18, on August 22, 2000, with a condition the City sign an agreement to indemnify LAFCO if LAFCO is sued for approving the City's application. This resolution makes findings that no written protests has been filed and ordering the territory annexed to the City of Bakersfield. A representative of the property owner has requested continuance of this item to a later date due to a schedule conflict and inability to attend the Public Hearing. Staff is recommending the Public Hearing be opened and continued to October 11, 2000. 9b. Resolution orderincl the vacation of Camino Grande Drive to prohibit public access alone the north side of the Cocleneration Plant. The County is planning to close the portion of Camino Grande Drive that extends through the old landfill property. The plan is to limit access to County vehicles, emergency services, and vehicles necessary for operation of the Plant. The proposed closure was heard by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the 2010 General Plan. On August 30, 2000, Council adopted Resolution of Intention No. 1222 declaring its intention to order the Camino Grande Drive Vacation and setting September 27.2000 as the date for the Public Hearing on the vacation. Staff is recommending adoption of the resolution. HONORABLE MAYOR AND CITY COUNCIL September 22, 2000 Page -6- REPORTS 10a. City Manacler Report No. 4-00 Reclardine City Center Update. The City Manager will provide a status report on the City Center Projects as of September 15, 2000. Staff is recommending acceptance of the report. DEFERRED BUSINESS 1 la. Ordinance amendincl the Municipal Code and Zoninc~ MaD bv chanclinQ the zonincl from a Limited Multiple Family dwellincl zoneto a Professional Office zone on 0.74 acres located on the half block on the east side of E Street, between 21 = and 22~d Streets. This item rezones .74 acres from a Limited Multiple-Family Dwelling zone to a Professional Office zone and provides the applicants the highest and best use of the property. This ordinance was given first reading on September 13, 2000. Staff has received no additional comments and recommends adoption of the ordinance. 11 b. Ordinance amendinc~ the Municipal Code and Zonincl Map from a Heaw Industrial to General Manufacturincl zone located aloncl the north side of Rosedale Hiclhwav, west of State Route 99. This item provides for the prezoning of property which is proposed to be annexed into the City. The purpose of the proposal is to increase the number of uses allowed, including retail uses on 20 acres for future development of the site. This ordinance was given first reading on September 13, 2000. Staff has received no additional comments and recommends adoption of the ordinance. AT.DWH:al cc: Department Heads City Clerk's Office News Media File S:~AGN_HIGH\00sep27dh.wpd September 21, 2000 ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Workshop ITEM: 2. a, TO: Honorable Mayor and City Council APPROVED FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD ~ DATE: September 18, 2000 CITY ATTORNEY N/A SUBJECT: Workshop: a. CITY MANAGER Discussion of Emergency Room overcrowding (Russ Blind, Kern County Interim EMS Director) RECOMMENDATION: BACKGROUND: A Councilmember expressed concern regarding the overcrowding of local hospital emergency rooms. At the recommendation of the Bakersfield Fire Department, Kern County Intedm EMS Director Russ Blind is presenting a workshop on this issue. keC September 18, 2000, 4:56PM p:~Admin ReportEEmergency Room Workshop ' ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Workshop ITEM: 2. b. TO: FROM: DATE: Honorable Mayor and City Council Gene Bogart, Water Resources Manager September 20, 2000 APPROVED DEPARTMENT HEAD~,{/~ CITYATTORNEY ~/A CITYMANAGER(~/W' SUBJECT: Governor's Proposition 13 Project - Kern River Flow Restoration Program RECOMMENDATION: BACKGROUND: The Kern River Flow Restoration and Water Reliability Program will utilize $23 million in grant funds from the Governor's Budget Act adopted in July of this year. City Water staff will give an update on this joint Kern County Water Agency/City of Bakersfield project including location, scope and estimated timeline for the project. JWS:al September 20, 2000, 10:45AM S:~Admin RptsL2000~admrptsse27wtlws.wpd : ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Closed Session ITEM: 3. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Counci~ Bart J. Thiltgen, City Attorney September 15, 2000 APPROVED CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Elsa Floras v. City of Bakersfield, et aL; Kern County Superior Court Case No. 240682-JES RECOMMENDATION: BACKGROUND: BJT:laa SE27CA1.CS September 15, 2000. 10:29am ' ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Closed Session ITEM: 3 - b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 19, 2000 APPROVED DE.ARTMENT .EAD CITY ATTORNEY ~ CITY MANAGER Conference with Labor Negotiator, William Avery, pursuant to Government Code section 54957.6. Employee organizations: Fire and Police. RECOMMENDATION: BACKGROUND: BJT:laa SE27CA2.CS September 19. 2000. 3:08pm ( ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Presentations ITEM: .5. a, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob Price July 31, 2000 Presentation by Mayor Price of Proclamation to Mary Anne Walz, Chairperson of Paint the Town Pink and Director of the Kern County chapter of Link to Life, proclaiming October, 2000, as "Paint the Town Pink Month' RECOMMENDATION: BACKGROUND: July 26, 2000, 12:06pm )ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob Price June 20, 2000 DEPARTMENT HEAD CITY ATTORNEY ~/,~- CITY MANAGER ~L~ Presentation by Mayor Price of Proclamation to Randall Messick, Theater Ar~s Professor at Bakersfield College, proclaiming October, 2000, as "Shakespeare Festival Month." RECOMMENDATION: BACKGROUND: June 20, 2000, 4:04pm ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Appointments IITEM: 7.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk September 18, 2000 APPROVED DEPARTMENT HEAD ~ , / CITY ATTORNEY ~ CITY MANAGER/~ One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term for Chuck Tolfree, public member whose term expires September 28, 2000. An application tO fill the expired term has been received from the following individual: · Westley M. Rhodehamel The Trust Group is comprised of five members including one representative from the City of Bakersfield, one from the County of Kern and three advisory members. Members of the Trust Group are not required to live in a specific ward, however they must be City residents and possess some knowledge of the workings of the Metropolitan Bakersfield Habitat Conservation Trust Group. The Trust Group develops and adopts rules and regulations governing the conduct of the Agency and assists in the implementation of a joint City of Bakersfield/County of Kern conservation program which addresses State and Federal Endangered Species Law. The public member acts in an advisory capacity to the Trust and provides input on decisions regarding preserve land acquisition and management. Meetings are held on scheduled dates at tlhe Kern County Administrative Building. S:\Bds&Comm\MBHCTGADMIN900.V~PD September 18, 2000, 4:59PM ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk September 15, 2000 APPROVED DEPARTMENT HEAD ~ CITYATTORNEY N~ CITY MANAGER{~//Z;~ Minutes of the Special Meeting of September 11, 2000 and Regular Council Meeting of September 13, 2000. RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\SEP2700.wpd September 15, 2000, 12:57pm ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 18, 2000 APPROVED DEPARTMENT HE~~ cl ' ATToRNE CITY MANAGER Approval of department payments from September 2, 2000 to September 15, 2000 in the amount of $4,947,378.75 and self insurance payments from September 2, 2000 to September 15, 2000 in the amount of $63,752.19. RECOMMENDATION: Staff recommends approval of payments totaling $5,011,130.94. BACKGROUND: s:\acctpay~adminf~l .wpd nks 2 ' ADMINISTRATIVE REPORT MEE'Ir'ING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. c. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: September 8, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to section 34090 ET SEQ. of the Government Code of the State of California - Public Works Department. RECOMMENDATION: Staff recommends approval of Resolution. BACKGROUND: This Resolution authorizes the Public Works Department to destroy obsolete records and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code section 34090 permits destruction of certain public records upon the approval of the City Attorney and a resolution adopted by the City Council. Attached is a copy Of the records Destruction Schedule marked Exhibit "A." September 8, 2000, 8:52AM G:~GROUPDAT~ADMINRPT~2000~Septernber 27~Record Retention.wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o d, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 8, 2000 DEPARTMENT HEAD AP/~,0VED CITY ATTORNEY/~L~/ CITY MANAGER~/{)~7L Resolution adding territory, Area 1-18 (Stockdale, California NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ¢Nard 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of the shopping center at the northeast corner of Stockdale Highway and California Avenue, 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 median landscaping. Area 1-18 is generally bounded by Business Center Drive on the north, a line 750 feet east of California Avenue on the east, Stockdale Highway on the south and California Avenue on the west. This area will be under the street/median zone of benefit and when street/median landscaping has been installed, assessed an amount for street "tier 1 ". The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter and Proposition 218 ballot from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maint~;nance District. This allows the City to expedite the maintenance district process, to satisfy the GPA requirement. 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 dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with any future subdMsion maps. A copy of this covenant is attached for reference, Lvd September 8, 2000, 8:34AM S:\PROJECTS\MAINDIST~AOMINRPT~md1-18re00.wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM NO: 8. e, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager Economic & Community Development September 15, 2000 APPROVED CITY MANAGER A Resolution approving the submission of an application for a loan to the California Housing Finance Agency for a housing project element of the City Center Project. (WARD 1) RECOMMENDATION: :Staff recommends approval of the resolution and authorize the City Manger to execute all necessary documents. BACKGROUND: At the April 12, 2000 City Council meeting Resolution #35-00 was approved authorizing the submission of an application for a loan from the California Housing Finance Agency's (CHFA) Housing Enabled by Local Partnership (HELP) program for their April 15, 2000 deadline. In June 2000 the City was notified that the City's application was not selected for funding, however CHFA did suggest that the City apply for the September 2000 funding round. HELP provides local governmental entities with financial assistance to create housing for unmet affordable housing needs of the jurisdiction. Loans up to $2 million are available to jurisdictions for up to 10 years at 3% simple interest as an unsecured loan from CHFA with minimal restrictions and conditions. Once the. FIELP Boan has been approved, the City will have up to 3 years to make the first draw from the loan. In addition, the City will only need to debt service the loan drawn down at that time. Activities that are eligible under the HELP program to facilitate affordable single family, multi-family, ownership, and rental housing programs administered by local governmental entities include acquisition, rehabilitation, in-fill, predevelopment, development, construction, code enforcement and other housing related development and revitalization efforts. Although specifics of the senior housing project have yet to be finalized as part of the proposed City Center project, the process of this loan could be used as part of the project funding. The roan application will state that the project will be part of the larger City Center proposal. DIk:S:~Admans~chfa help application,wpd September 18, 2000, 10:10AM ADMINISTRATIVE REPORT Page 2 Once the HELP funding is approved a project agreement with CHFA will be prepared for City Council action. In addition, a project agreement with the housing developer will also be prepared for City Council Action. In order for the City to apply for the CHFA HELP funds the City Council will need to approve a resolution which grants the authority to a particular signatory to make an application to CHFA for the HELP program, to incur an indebtedness and execute loan agreements and take other actions necessary to facilitate the proposed program. The City will have up to three years after the execution of the agreement to encumber the funds. The submission of a HELP application does not bind the City to accept the loan funds until the loan agreements and other loan instruments are finaled. The deadline for the HELP loan is September 29, 2000. The announcement of the award of the HELP program funds is expected by November 2000. DIk:S:\Admins\chfa help application.wpd September 18. 2000, 10:10AM J'j ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. f:. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director September 19, 2000 APPROVED DEPARTMENT .EAD CITY ATTORNEY ~ CITY MANAGER ~Z,/~ Approval of Agreement with Aquatics Club of Bakersfield for use of Silver Creek and Jastro Park swimming pools, (Wards 5 and 6.) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The Aquatics Club of Bakersfield, a competitive swim team, desires to enter into an Agreement with the City of Bakersfield for use of the City's swimming pools at Silver Creek and Jastro Park. The swim team is comprised of approximately 100 members ranging from all ages. They practiceyear-round and compete under the auspices of the United States Swimming, Inc. The swim team is requesting use of the Silver Creek and Jastro Park swimming pools twice a day. In general, the hours are 5:45-6:45 a.m. and 4:30-6:30 in the evening. The swim team will utilize Silver Creek pool from September through January and Jastro Park from February through May 2001. Other than the City- sponsored lap swimming program, the Silver Creek and Jastro Park swimming pools are generafly not used by the public during these time frames. Under the proposed Agreement, the swim team will share the, pools with the lap swimming participants and not be allowed access on days when high school swim meets are scheduled. According to the Master Fee Schedule, use of City swimming pools is charged at $80 for two (2) hours. This is reflective of the "pool-party" nature of such events. The cost also includes lifeguards. Staff proposes that the pool rental rate for the Aquatics Club of Bakersfield be $28 per hour given the high quantity of usage and the fact they do not require lifeguards. In addition, $28 per hour is the same rate that the City charged Kern High School District for the rental of City pools during its high school swim season and prior to its execution of the current shared facility agreement with the City. Since the proposed $28 rate is lower than the listed Master Fee Schedule, the contract is presented to Council for approval. VG:alj S:\COUNClL~Admins\PoolUseAgr-AquaticsClub.wpd September 19, 2000 SE13CA.CC ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. q, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 13, 2000 APPROVED DEPARTMENT HEAD//~/~~ CITY MANAGER~,~ Agreement with North Bakersfield Recreation and Park District, a tax exempt special district of the State of California, to purchase twelve (12) surplus computers, monitors, and keyboards and three (3) surplus printers from the City for $1.00 each for a total of $15.00. RECOMMENDATION: Staff recommends sale of surplus computers and printers. BACKGROUND: The Finance Director has received a request from the North Bakersfield Recreation and Park District: to buy twelve (12) surplus, used computers and three (3) surplus, used printers. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims. (Typist's Initials lower case) September 13, 2000, 4:18pm S:~ADMIN form,wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 14, 2000 APPI~OVED DEPARTMENT HEAD ~/,//~,~ , CITY MANAGER ~)'{~/~/" Restrictive Covenant Agreement with Kern County Board of Education and Allen School Pa~nem, LLC providing for a non-buildable easement on school prope~y adjacent to the new parking st~cture and office building project at the noaheast of 20~ and K Streets (~lard 2). RECOMMENDATION: Staff recommends acceptance of Agreement. BACKGROUND: Allen School Partners LLC is developer for the new Cal State University of rv'Eerced, Bakersfield Extension Project, The Agreement provides for a necessary non-buildable clear area b~;tween The Kern County Board of Education Building and the new Downtown State University Complex, dRS September 14, 2000, 2:14PM G:\GROUPDAT~ADMINRPT~2000\September 27~Kern Co Bd of Ed ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8, i, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager Economic and Community Development September 15, 2000 APPROVED DEPARTMENT HEAD /~/ CITY ATTORNEY ~ CITY MANAGER ~'~¢~?Z Agreement with Muxlow Construction, for an amount not to exceed $70,000, to provide handicap accessibility improvement services to qualified low-income residents. (All Wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakers~eld's Consolidated Plan (ConPlan) 2005 has identified accessibility improvements as a priority need. Each year the City's FY Action Plan of the ConPlan reserves funds for the Home Access; (HA) Grant Program. Currently, the FY 2000-01 Action Plan has $58,000 in CDBG funds budgeted for the HA Grant Program, The program provides Grants up to $2,500 for handicap accessibility in privately or publicty owned residential structures for low-income residents who are physically disabled. Types of improvements funded in the HA Grant program include exterior ramps, grab bars, handicap toilets, and door widening. A Request for Proposal (RFP) for the City's HA annual contract for construction services was issued last July and three contractors responded. The low bid was received from Muxlow Construction. For your information, Muxlow Construction was the firm that was awarded the City's HA annual contract for FY 1999/00 (Agreement No. 99-151 - June 30, 2000), which expired September 15, 2000. Since July of last year, MuxIow Construction completed 60 home accessibility improvements with satisfactory performance. Recent updated HUD regulations require compliance with Lead Based Paint (LBP) requirements effsctive September 15, 2000. The LBP regulations provide guidance for hazard reduction and abatement for housing built before 1978. As a means to meet this new HUD housing regulation, the annual HA Grant contract has been revised to accommodate the LBP requirements. In addition to offering Home Access (HA) grants up to $2,500, the HA Grant Program for FY 2000/01 intends to offer additional assistance only when LBP re9ulations are triggered. Additional funding of up to $1,000 per HA dwelling unit will be targeted to costs associated with ILBP hazard reduction during repair of surfaces disturbed during HA rehabilitation. Adding up to $1,000 of LBP costs for homes that contain this hazard would increase the HA grant maximum to $3,500 per dwelling unit. The additional CDBG assistance ($12,000) that is anticipated for HA Grant Program LBP hazard reduction will i:ome from funds from a prior year activity (FY 1999/00 - Lead based Paint Testing and Mitigation). Dik: September 15, 2000, 10:09AM ' ' ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o .~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager September 21, 2000 APPROVED CITY ATTORNEY ~_)' CITY MANAGER ~(.~ Amendment No. I to Agreement No. 97-199 with Acclamation Insurance Management Services (AIMS) for claims administration services. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In July of 1997, the City Council approved an agreement with Acclamation Insurance Management Services (AIMS) to provide supervision and administration of the City's general and auto liability claims program. During the past three years AIMS has been instrumental in the prompt administration and settlement of claims against the city, which has resulted in a reduction in the number of litigated claims and limiting the severity of litigation involving the city. Their services have also resulted in reductions in the cost of litigation against the city. The proposed contract amendment includes some increases in the fees charged by the vendor to reflect cost of living increases for their costs to provide claims administration services. The consultant base rate is recommended to increase from $40 to $44 per hour and secretarial time from $16 to $19 per hour. There is also a ~ hour set up charge at the professional service rate for new claims. The remaining charges for photos, mileage and photo copying, etc. remain the same. The rates for their services have not increased for the past three years and the overall claims administration cost to the city for these services have been reduced due to the reduction of cases and claims activity. The contract amendment increases the "maximum compensation cap" from $115,500 set in 1998 to $119,600 for the additional one-year term. Staff is recommending that a contract amendment for a one-year extension be approved and that a request for proposal be done prior to the end of the contract term to determine the best provider for these services in the future. S:\JOHN~AIMS Renewal Admin.wpd September 21,2000, 2:15PM ( ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. k o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September t 8, 2000 APP. ROVED DEPARTMENT HEAD ~ ,-_---' CITY ATTORNEY~._~'''~ Amendment No. 1 to Agreement No. 99-231 with Klassen Corporation for preparation of final design and construction documents for the Downtown Fleet Services Facility ($71,356.00 increase). (Ward 2) RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Agreement 99-231 was awarded on September 22, 1999 to Klassen Corporation for the design/build of the Downtown Fleet Services Facility (to be located behind the Police Department Building). 'The agreement was originally set up as a two part design/build contract: Part I to establish the design development phase of the project; and, Part 2 for the final design, construction documents, and construction of the facility. The compensation for Part 1 of the Agreement was $55,349.00, and the work for Part ~1 has 4~een completed. Due to scheduling matters regarding construction of the project, the contractor has asked llhat Part 2 of the contract be further divided separating the final design and construction document portion of the Agreement from the construction portion of the Agreement. The compensation for the final design and construction document portion of the Agreement would be $71,356.00, bringing the total corn pensation to date for the Agreement to $126,705.00. Staff concurs with this request and recommends approval o'F the amendment. A second amendment to the Agreement will be prepared when the total compensation, which would include the construction of the facility, is finalized. ( ADMINISTRATIVE MEETING DATE: REPORT September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.1, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director September 18, 2000 DEPARTMENT HEAD CITY ATTORNEY CITYMANAGER Accept bid to award contract to I rv Guinn Construction, $433,189 for the construction of 3 additional miles to the North East Bike Path. (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This project will involve construction of approximately 3 additional miles to bike path. Starting at the intersection of Morning Drive and Paladino Ddve, it will extend east along Paladino Ddve one mile and then north along the future alignment of Morning Ddve to Alfred Harrell Highway. After grading of the project is complete, the contract will be suspended and California Water Company will install a water line along the bike path alignment to their proposed water purification plant. After installation of the water line, the City contractor will pave the bike path. The Engineer's estimate for this project was $450,000. Four acceptable bids were received on September 13, 2000 as foilows: Irv Guin Construction P.O. Box 1339 Bakersfield, CA 93302 City In the amount of $433,189.00 Granite Construction P.O. Box 70157 Watsonviile, CA 95077 County in the amount of $433,872.00 Griffith Company F>.O. Box 70157 E~akers~eld, CA 93387 County in the amount of $562,530.00 Energytek, Inc. 520 Butte Street Bakersfield, CA 93305 City in the amount of $564,373.52 ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: , 8. m o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Kiimko, Finance Director APPROVED September 13, 2000 CITY ATTORNE:R~~Z, CITY MANAG Accept bid to award contract to Data-Communications Services, Incorporated $28,878.71 to provide and insta II network cabling to locations throughout the Development Services Building. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The City of Bakersfield has computer networking cable throughout the Development Services Building that has been in place for approximately ten (10) years. In order to bring the local area network up to current standards and provide a more adequate network speed, the cabling must be replaced. This proj~;ct is budgeted in the 2000-2001 fiscal year budget and will provide new cabling and convenient locations for computer placement. Two (2) bids were received September 11, 2000, as follows: Data-Communications Services, Inc. 1801 Skyway Drive Bakersfield, CA 93308 (county) in the amount of $28,878.71 SBC DataComm 6625 Jetta Avenue Bakersfield, CA 93308 (county) in the amount of $39,430.98 September 18, 2000, 3:18pm S:~AdminNetworkCabling.wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 13, 2000 Accept bid from Thorp's Hadey-Davidson, Incorporated, replacement motorcycles for the Police Department. APPR',OVED CITY MANAGER~~ $112,537.42, for sew~n (7) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations {o bid were sent to eight (8) vendors. Two bids were received after the deadline and returned to the vendors, unopened. One bid, from a local vendor, was received prior to the deadline. When Police motorcycles were purchased last fiscal year, Thorp's Harley-Davidson, Inc. was the lowest of the three bidders. Staff requests the bid be awarded to: Thorp's Harley-Davidson, Incorporated 824 18th Street Bakersfield, CA 93301 (city) in the amount of $112,537.42 September 13, 2000, 11:43am S:~ADMIN form.wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 13, 2000 APPROVED DEPARTMENT HE,~//~,~ TY ATTORNEY . CI ~ CITY MANAGER (/~ Accept bid from Toter, Incorporated, $178,442.55, for4,200 refuse and yard waste containers. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to six (6) vendors. Two bids meeting specifications were received as follows: Toter, Incorporated 841 Meacham Road Statesville, NC 28677 Rotonics Manufacturing Inc. 17038 S. Figueroa Street Gardena, CA 90248 in the amount of in the amount of $178,442.55 $180,083.48 September 13, 2000, 4:02pm S:~AdminWasteContainers.wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director DEPARTMENT HEAD ~,, ,~- September 18, 2000 Cln' ATrORNEY ' C!TY MANAGER ~,,{'~ Reject all bids for Downtown Streetscape Expansion Project: 17~, 18~, 19~, 20~, 21 =, and 22~ Streets - from Eye Street to 'K' Street (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: With this project, the successful Chester Avenue Streetscape improvements will be extended down each side street one block to the west (to Eye Street) and one block to the eas~ (K Street) of Chester Avenue. The improvements include trees in the sidewalk area, decorative street lights, lighted bollards at the cornere on Eye Street and K Street, and the associated irrigation and electrical systems. Due f:o the narrow width of these streets, landscaped medians are not being installed. With the east limits of the project set at K Street, the south side of 17t" Street from K Street to L Street is outside of the project. This meant that a portion of the Bank of Amedca Building's frontage on 17t" Street would not match their new frontage from Chester Avenue to K Street. The Truxtun Tower Associiation requested that the City incgude improvements on the south side of 17t~ Street from K Street to L Street with them reimbursing the City for that expense. Specific pay items were included in the City's proposal form to capture the cost for the Association's share of the project, which City staff had estimated to be $9,580. Based on the low bidder's proposal, the Association's share of the project would be $77,088 which greatly exceeds staffs estimate. The Association has informed staff that they could not pay that amount. The low bidder informed staff that he would not be able to honor his bid if it were reduced that significantly by eliminating the Association's portion of the project. With the rejection of these bids, staff will re-advertise the project for construction to begin in early 2001. With the original project schedule, construction activities could have impacted the retailers' Christmas shopping season. By postponing construction of the project, this problem is eliminated. ~r'wo bids were received on September 12, 2000 as follows: Scales Construction, Inc. 3215 Fruitvale Avenue Bakersfield, CA 93308 (County) in the amount of $652,168.40 for Base Bid and Alternate '1 Zondiros Corp. 2517 West 237u~ Street, Suite A Torrance, Ca 90505 (Out of town) in the amount of $1,020,380.00 for Base Bid and Alternate '1 ' ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8, q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director September 14, 2000 DEPARTMENT HEAD CITYATTORNEY CITY MANAGER~Z.,~f Appropriate $389,998 State Funds to the Capital Improvement Budget withiin the Amtrak Railway Fund (Ward 2) RECOMMENDATION: Staff recommends approval of the appropration. BACKGROUND: This Administrative Report appropriates additional revenue for the Amtrak Railway Fund. This $389,998 is comprised of 2 items: After the initial allocation of $2.5 million in Transit Capital Improvement Funds, staff was informed that an additional $196,629 was available. This amount has already been expcnded on the Station with reimbursement already made by the State. This appropriation is needed to fully reflect the total budget for this project. Available funds which were carried over from the 1999-00 fiscal year to the current fiscal year were understated by$193,369. Appropriations forthe current fiscal year should be increased by this amount. The funding source for this item is the Transportation Enhancement Act ($90,029) and the Inner City Rail Funds ($103,340). September 14, 2000, 3:03PM G:\GROUPDAT%ADMINRP3~2.000\September 27%AppropState Funds-CapitallmprBudget.wpd cjc °J'j ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack Hardisty, Development Services Director APPR DE September 14, 2000 CI CITY MANAGER Removal of Stephen Lewis fro~ Board of Building Appeals. RECOMMENDATION: Staff recommends Stephen Lewis be removed from the Board of Building Appeals. BACKGROUND: The Board of Building Appeals is comprised of seven members appointed by the City Council (BMC 15.04). The Board meets on a as-need-to basis at the discretion of the Building Director to resolve interpretation conflicts relating to alternate materials and methods of construction. The Board also provides a public hearing forum allowing for "due process" in the city's abatement of dangerous building cases. The Board has not convened in approximately 3 years due to lack of issues but plans to begin regular meetings in October 2000. In trying to give notice to current Board Members, staff has been unable to contact Mr. Stephen Lewis. Mail to his last known address has been returned as "undeliverable', and his phone number disconnected. As such, staff requests the City Council remove him from the Board of Building Appeals. With the recent appointments to the Board, we have 7 members willing and able to serve. SE27BL.CC September 20, 2000, 10:21 AM 'j ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 20, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. s. APPROVED CITY MANAGER ~/~ SUBJECT: Centennial Garden Financial Statements RECOMMENDATION: Finance Committee. Staff recommends the financial statements be referred to the Budget and BACKGROUND: Attached are the Bakersfield Centennial Garden & Convention Center financial statements for the year ended June 30,2000, audited by Barbich, Longcrier, Hooper & King Accountancy Corporation. The financial statements report a $227,624 net loss for the 1999-00 fiscal year ended June 30, 2000. This compares favorably to a $594,107 net loss for 1998-99, the first fiscal year Ogden Entertainment, Incorporated operated the facilities under a management contract, and even more so to a $1,137,940 net loss for 1997-98, the last fiscal year the City directly operated the Convention Center. P:~ADMIN~000ADMIN\C000927A.Wpd GJK:DW:Ijm September 20, 2000, 11:01 am ADMINISTRATIVE REPORT IMEETING DATE: September 27, 2000 AGENDA SECTION: Hearing ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 12, 2000 DEPARTMENT HEAD//~P~~D R Resolution approving City Annexation No. 412, Proceeding No. 1286 uninhabited territory located generally along the north side of Rosedale Highway, west of State Route 99. (Ward 4) 1. Agreement to Indemnify LAFCO for City Annexation No. 412, Proceeding 1286. RECOMMENDATION: Staff recommends motion to open hearing and continue to October 11, 2000. BACKGROUND: The representative for the property owner has requested continuance of this item due to a schedule conflict and unable to attend this meeting. The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00- 18, on August 22, 2000, with a condition the city indemnify LAFCO. The commission designated the City Council the conducting authority. There were no protests at the LAFCO hearing. This resolution makes findings that no written protest has been filed and ordering the territory designated as Annexation No. 412, annexed to the City of Bakersfield. LAFCO adopted Resolution No. 00-18 on August 22, 2000, with a condition that the city sicIn an agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. It provides that if LAFCO is sued for approving the City's application for annexation the city will bear the burden of defense. The annexation area consists of approximately 24 acres of uninhabited land, which is located generally along the north side of Rosedale Highway, west of State Route 99. The owner wishes to annex the site to the city to receive city services. MO:pjt adrninLsept\9-27-a412 September 19, 2000, 2:49PM :?' ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Hearings ITEM: 9. b. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 12, 2000 APPROVED CITY MANAGER/(~/~V SUBJECT: Resolution ordering the Vacation of Gaming Gmnde Drive to prohibit public access along the north side of the Cogeneration Plant. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Bear Mountain Cogeneration Plant is now accessed from Alfred Harrell Highway to the west and from Paladino Ddve to the south. The County is planning to close the portion of Gaming Grande Ddve that extends through the old landfill property. The County plans to limit access to County vehicles, emergency services and vehicles necessary for operation of the Cogeneration Plant. The Cogeneration Plant has applied for the vacation so a gate can be placed at the east end of Gaming Grande Drive prohibiting access along 'the north side of the Cogeneration Plant. The Cogeneration Plant is working with the County on a plan that includes installation of an electric gate system for access control. Representatives of the Cogeneration Plant and City staff have met to discuss the proposed vacation and any options. The group agreed that the closure with a gate at the east end of Gaming Grande Drive would be workable with reserved access for emergency services, municipal services and plant operation. City staff' also notes that an easement must be retained for Bike Path purposes along the full length of the proposed vacation. The City Public Works, Fire, Police, Development Services, and Economic Development Departments lhave been notified and none have posted any objection. The City Fire Marshal notes that because of grassland fires that occur in the area, Fire Service must be retained along Gaming Grande Drive between Alfred Harrell Highway and the Paladino area. The Fire Marshal is presently making further contact with both the County and the Cogeneration Plant to determine if electric gates will be acceptable. The utility companies serving the area have been notified by mail and Pacific Gas & Electric and California ~Nater Service Company have both indicated their existing facilities must be protected with reservation of an easement. dns September 13, 2000, 9:53AM G:\GROUPDA'RADMINRP'R2000\September 27\Res VaG Gaming Grande Dr-admin ADMINISTRATIVE REPORT hoe 2 In June of this year, Preliminary Notice was mailed to all land owners with a 300' radius. One owner has expressed concern with the limited access being proposed. Jed Magee, owner of adjacent land to the east, is also with Jaco Oil Company who operates well sites in the landfill area. Mr. Magee said that Jaco would like to retain access dghts through Camino Grande Drive and he will contact both the County and Cogeneration Plant. The proposed closure was heard by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. On August 30, 2000, Council adopted Resolution of Intention No. 1222 declaring its intention to order the Camino Grande Drive Vacation and setting September 27, 2000, as the date for Public Hearing on the vacation. This hearing has been duly advertised and posted on site as required by law. September 13, 2000, 9:53AM G:\GROUPDAT'%ADMINRPT~2000\September 27~Res Vac Camino Grande Dr-admin ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: ITEM: 10,a. Reports TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager September 20, 2000 City Manager Report No. 4-00 Regarding City Center Update APPROVED DEPARTMENT HEAD~,/~%:~" CITYATTORNEY CITYMANAGER / RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: JWS:al September 20, 2000, 9:28AM S:~Admin Rpts~OOO\Tandy - CityCtrUpdateRpt - 091500,wpd ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Deferred Business ITEM: 11. a. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning September 6, 2000 D P CITY MANAGER SUBJECT: An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No.102-25 by changing the zoning from an R-4 (Limited Multiple Family Dwelling) zone to a C-O (Professional Office) zone on 0.74 acres generally located on the half block on the east side of "E' Street between 21sT and 22ND Streets (File #P00-0430) (Ward 2) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The 'City council held first reading of the ordinance on September 13, 2000. Joyce Evenson and Gloria Cory, property owners, and on behalf of all the other property owners within the project site, applied for a zone change from an R-4 (Limited Multiple-Family Dwelling) :cone to a C-O (Professional Office) zone on 0.74 acres. The applicant desires to obtain the highest: and best use of the property. The General Plan Land Use designation of the site is OC (Office); however, the current zoning is R-4 (Limited MuBtiple-Family Dwelling). The proposed rezoning to a C-O zone would be consistent with the General Plan and surrounding zones. All six property owners within the subject site are in favor of the zone change request. The existing structures within the project site include a vacant office building and parking lot, and six single family houses. Over time, surrounding property in this older neighborhood has been in transition from residential use to offices. The properties located to the north, west and south are zoned C-O. C-1 (Commercial) is located to the east across the alley of the project site. Surrounding uses include various office buildings occupied by an engineering firm, fitness gym, attorneys, insurance and medical offices. Severat single family homes still remain in the immediate area. The existing uses located east of the project site across a 20-foot wide alley (from the southwest corner of F and 22nd Streets south to the northwest corner of F and 21"t Streets) are a multiple tenant building containing a chiropractor's office and beauty salon; a single family house two multip e family units (duplex or triplex); and a dell. Septerrlber 18, 2000, 4:17PM ADMINISTRATIVE REPORT 2 No opposition to the proposed zone change has been received. Staff responded to a comment submitted by the California Archaeological Inventory (AIC) at California State University Bakersfield which recommended a cultural resource study be prepared to determine the significance of the existing structures. Staff reviewed the available documentation and guidelines of the State Historic Preservation Office (SHPO) None of the resources on site are listed in a local register of historical resources as defined in Section 5020.1 (k) of the Public Resource Code, are not considered unique archeological resources pursuant to Public Resource Code § 21083.2, and are not found to be significant historical resources meeting the requirements of Section 5024.1 (g) of the Public Resources Code. Staff recommends a finding of less than significant for impacts related to cultural resources. In addition, the City's Historic Preservation Ordinance requires agreement of the property owner before the property is recognized by the City as historically significant. The property owners were notified in 1990-1991 that their property was included in the "City of Bakersfield Cultural Resources Inventory, Downtown Area, Fourth Year Comprehensive Survey (1990)", prepared by Chris iBewer Historical Consultants. None of the owners have requested any historical or preservation status for their properties. Currently, there is no interest to nominate these structures to the California Register or local register. Unless the property owner agrees to designating the structure as histc~rically significant, designation and/or preservation is unlikely. A letter was sent to AIC and SHPO explaining the City's cultural analysis and recommendation. No response from these agencies was received during the public review period and the Planning Commission's hearing. There has been no response as of the preparation date ofthis administrative report. The proposed zone change does not result in a change in the architectural flavor or of the structures including any historical significance. A zone change does not preclude what currently could occur on the project site. Under the current R-4 zone, the property owners are under no requirement to preserve the structures as historically significant. A ministerial permit is all that is necessery for demolition, relocation or alteration of these properties. No further inventory or investigation is necessary. The project would result in a less than significant impact. Therefore, based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised in accordance with CEQA Guidelines. (JENG) (admin~ept\9-27-0430) September 18, 2000, 4:17PM ADMINISTRATIVE REPORT MEETING DATE: September 27, 2000 AGENDA SECTION: Deferred Business ITEM: 11. b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 8, 2000 DE . CITY MANAGER An Ordinance amending Title 17 of the Municipal Code and zoning Map No. 102-30 from an M-3 (Heavy Industrial) to M-2 (General Manufacturing) zone located generally along the north side of Rosedale Highway, west of State Route 99. (Zone Change P00-0410) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council held the first reading of the Ordinance on September 13, 2000. The Planning Commission held public hearings on this zone change on July 31, 2000, August 3, 2000, and then continued to August 17, 2000. This project was recommended for approval by both staff and the Planning Commission with conditions of approval. There was no public opposition for this item at the public hearings. Concern was raised by the Kern County Fiire Department and the Planning Commission regarding potential impacts from off-site industrial uses should the project develop with commercial retail. A site specific risk analysis was completed by Ralph Huey, Director of Environmental Services. There are two tanks which could hold fiammable substances located just north of the project site. There are several ways to mitigate this impact and the Commission determined the most expeditious way would be during the site plan review process. A condition of approval was added which will provide review and approval of any retail project by the City's Director of Environmental Services prior to development. This condition alleviated the concerns. The purpose of the proposal is to increase the number of uses allowed, including retail uses on 20 acres for future development of the site. The territory of the project site is also being processed as an annexation (Annexation No. 412, Rosedale No. 8) to the City. The protest hearing for the annexation is before the City Council on this same meeting. MO:pjt P:adminlsept/9-27-0410 September 8, 2000, 3:55PM