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HomeMy WebLinkAbout06/13/2001 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 13, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (15min) (15 min) 2. WORKSHOP Centennial Garden Department Budget Presentation (Centennial Garden Executive Director) Recommendations on "Centennial Corridor" from Westchester Area Citizens. (Assistant City Manager Alan Christensen) 3. CLOSED SESSION Conference with Legal Counsel - potential Litigation Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9; Two potential cases. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Roger Edwin Hartley, etc. vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. CIV-F-00-5894 AWl DLB Conference with Labor Negotiator, City Manager Alan Tandy, pursuant to Govemment Code Section 54957.6. Employee organizations: Management, General Supervisory and Police Supervisory. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9. One case. REGULAR MEETING 1. INVOCATION by Pastor Theron Friber9, Olive Knolls Church of the Nazarene 2. PLEDGE OF ALLEGIANCE by Ashley Rice, 2r~ grade student at Harris School 3. ROLLCALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Dave Chdstensen, Distdct Manager of Southern California Gas Company, proclaiming June 24-30, 2001 as 'Energy Efficiency Awareness Week". 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. May 21, 2001 Budget Presentations and May 30, 2001 Regular Council Meeting. Payments: Payments from May 18, to May 31,2001 in the amount of $2,667,265.20; and Self Insurance payments from May 18, to May 31, 2001 in the amount of $115,345.78. Resolutions: (Ward 4) Resolution of Intention No. 1244 adding territory, Area 1-21 (Bdmhall, Allen NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1245 adding territory, Area 1-17 (Palm, Allen SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 422, located north of Reina Road, between Jewetta Avenue and Allen Road. (Ward 7) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 423, located at the southeast corner of Castro Lane and Talisman Drive. 1. Agreement with Louise V. Hatcher for sewer service. (Ward 7) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 424, located at the southwest corner of Union Avenue and Hosking Road. Resolution determining that Traffic Signal Preemption Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $500,000. i. Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development fees. j. Resolution regarding Council policy on approval of City Joinder of Amicus Briefs. (Ward 7) (Ward 2) (Ward 4) (Ward 4) CONSENT CALENDAR continued k. Resolution declaring real property, located approximately 300 feet south of East Brundage Lane on Hayes Street, surplus to needs of the City. 1. Sales Agreement with St. Johns Missionary Baptist Church, $123.00 for 149 sq. ff. of irregularly shaped land. I. Resolution of support for League of California Cities Grassroots Network. m. H.T.E. Computer Software: 1. Resolution determining that the H.T.E. Internet Interface, Permitting and Code Enforcement System Software for the Development Services Department cannot be reasonably obtained through usual bidding procedures. 2. Agreement with H.T.E. Inc. regarding purchasing of Internet Interface, Permitting and Code Enforcement Software for $382,726. Agreements: n. Tract Maps/Improvement Agreements: 1. Final Map and Improvement Agreement with SYROLI IV, for Tract 5941, Phase 2, located north of Berkshire Road, east of Monitor Street. o. Agreement with ThyssenKrupp Elevator Corporation, $56,900 to provide modernization of Passenger Elevator in City Hall Annex Building. p, Agreement with the Bakersfield City School District. for a Community Recreation program. q. Agreement for extraction, exchange and delivery of banked groundwater with California Water Service Co. r. Ditch Eradication Agreement and Pipeline Easement with Donald G. Wattenbarger & Connie Wattenbarger, on the City-owned Kern River Canal & Irrigating Company Number Four Ditch located on the north side of Snow Road between Coffee Road and Calloway Drive. s. Amendment No. 4 to Agreement No. 97-200 for $60,000 with Kern Economic Development Corporation (KEDC) for economic development in Kern County. t. Amendment No. 1 to Easement Agreement No. 99-15 with Kern Water Bank Authority for construction of pipeline. -3- (Ward 2) CONSENT CALENDAR continued u. Chester Avenue ~{3 Fire Hydrant and Water System Improvement Project: (Wards 1,2,4,5,6,7) x. Amendment No. I to Agreement No. 01-062 with California Water Service Company to reflect a budget increase of $12,000 for design and construction of fire flow improvements in the Chester Avenue No. 3 area. Accept bid to award Contract to West Valley Construction Company, Inc. in the amount of $190,655 for the Chester Avenue No. 3 Fire Hydrant and Water System Improvement Project. Bids: Accept bid to award Annual Contract to Sturgeon & Son, Incorporated, not to exceed $216,000 for earthmoving and hauling. Accept bid to award Annual Contract to L. N. Curtis & Sons for protective jackets and trousers for structural fire fighting, not to exceed $25,000. Accept base and additive alternates 1 and 2 bid to award Contract to Leo Tidwell Excavating Corp., $536,297.50 for traffic signal interconnect at various locations in the City of Bakersfield. (Ward 1 ) aa. Accept bid to award Annual Contract to Pavement Recycling Systems, Incorporated, not to exceed $100,000 for cold planning for the Streets Division. (Ward 4) bb. Accept bids to award Annual Contracts to Target Specialty Products, not to exceed $139,541.43 and Wilbur-Ellis Company, not to exceed $94,167.71 for chemical insecticides and herbicides for the Parks and Water Department. Total $233,709.14. Miscellaneous: Appropriate $53,441 prior year HOME entitlement and reprogram $1,190,764 existing HOME appropriations to the Capital Vision Equities, Senior Housing Project within the HOME fund. Appropriate $190,000 Miscellaneous Water Sales to the Water Resources Operating Budget within the Agriculture Water Fund for additional electrical power costs. cc. Accept $15,900 of contributions from several local businesses for anti-graffiti educational and promotional activities. dd. Taxi-cab revisions. (refer to Legislative & Litigation Committee) Staff recommends adoption of Consent Calendar Items a. through dd. 9. HEARINGS (Ward 4) a. Consolidated Maintenance District: Protest headng as required by Resolution of Intention No. 1241 regarding the park landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance Distdct and the 2001-2002 Budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector, no increase in rates. Staff recommends overriding protests and adopting the resolution. Consolidated Maintenance District: Protest hearing as required by Resolution of Intention No. 1242 regarding the street landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 Budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector, no increase in rates. Staff recommends overriding protests and adopting the resolution. Traffic Signal Maintenance Districts: Protest hearing as required by Resolution of intention No. 1243 regarding the assessments for four Traffic Signal Maintenance Districts. Resolution approving and adopting the Public Works Director's report for four Traffic Signal Maintenance Districts and the 2001-2002 Budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. Staff recommends overriding protests and adopting the resolution. -5- (Ward 4) 10. HEARINGS continued d. Proposed Assessment District No, 01-1 (Ming Avenue at Alien/Mountain Vista Drive/Hampton Place): 1. Protest Headng for proposed Assessment District No. 01-1. 2. Resolution approving Final Engineer's Report, levying assessments, ordering improvements, and authorizing and directing relating actions. 3. Resolution determining assessments remaining unpaid. 4. Resolution authorizing issuance of bonds. 5. Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications, authorizing execution and authorizing related documents and actions. Staff recommends overriding protests and adopting resolutions. e. Public hearing to consider commercial refuse rate increase for Fiscal Year 2001/02 (3.23% proposed rate increase). Staff recommends adoption of resolution. f. Public hearing to consider residential refuse rate increases for Fiscal Year 2001/02 (3.23% proposed rate increase). Staff recommends opening hearing, receive public testimony and continue hearing to June 27, 2001. g. Public Headng for the FY 2001-02 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Staff recommends Council hear public testimony. REPORTS a. Report on City Center Project. (City Manager Alan Tandy) Staff recommends no action necessary. b. Budget and Finance Committee Majority and Minority Reports regarding City policy and cdteria used in evaluating requests for funds from non-profit groups: 1. Budget and Finance Committee Majority Report No. 3-01 2. Budget and Finance Committee Minority Report No. 4-01 Staff recommends acceptance of reports. -6- 11. 12. 13. 14. DEFERRED BUSINESS a. Ordinance amending Section 12.44.031 of Chapter 12.44 of the Bakersfield Municipal Code relating to Business Use of Sidewalks. (First reading 5/30/01) Staff recommends adoption of the ordinance. b. Ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 of the Bakersfield Municipal Code related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. (First reading 5/30/01) Staff recommends adoption of the ordinance. NEW BUSINESS COUNCIL & MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:~Council~AGEN DA~JUN 1301 .Wlpd June 7, 2001 (2:21pm) -7- BAKERSFIELD MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/~/ ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS- June 13, 2001, COUNCIL MEETING June 8, 2001 PRE-MEETING There are two workshops: 1) Centennial Garden Budget Presentation; and 2) Recommendations from the Westchester Neighborhood Association on the "Centennial Corridor. There are four closed session items: 1 ) Conference with Legal Counsel regarding a potential litigation; 2) Conference with Legal Counsel regarding existing litigation; 3) Conference with City Manager regarding Management and Supervisory negotiations; and 4) Conference with Legal Counsel regarding anticipated litigation. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Item 8c. Resolution of Intention to add territory (Brimhall, Alien SW) to the Consolidated Maintenance District and preliminarily adopting, confirminq and approvinq Public Works Director's report. A written request has been received from the owner to be included into the Consolidated Maintenance District. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street and median landscaping. The City has received a letter from the owner of the property which waives the public hearing concerning inclusion in the Consolidated Maintenance District, which allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. Item 8d. Resolution of Intention to add territory (Palm, Allen SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approvinq Public Works Director's report. A written request has been received from the owner to be included into the Consolidated Maintenance District as required. Inclusion in the Consolidated Maintenance District will provide for the maintenance of streets and median landscaping. The City has received a letter from the owner of the property which waives the public hearing concerning inclusion in the Consolidated Maintenance District, which allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. Item 8e. Resolution of Application proposing proceedings for annexation of uninhabited territory, located at the southwest corner of Union Avenue and Hosking Road. The proposed annexation consists of approximately 73 acres of uninhabited land located at the southwest corner of Union Avenue and Hosking Road. The property owner wish to annex the site in order to receive City services. HONORABLE MAYOR AND CITY COUNCIL June 8,2001 Page-2- Item 8f. Resolution of Application proposing proceedinqs for annexation of uninhabited territory, located north of Reina Road, between Jewetta Avenue and Allen Road. The proposed annexation consists of approximately 230 +/- acres of uninhabited land located along the south side of Reina Road, between Jewetta Avenue and Allen Road. The property owner has submitted an application for a general plan amendment with a concurrent zone change to reflect what the County has approved. Item 8g. Resolution of Application proposing proceedings for annexation of uninhabited territory, located at the southeast corner of Castro Lane and Talisman Drive, and Aqreement for sewer service. The proposed annexation consists of approximately ¥2 acre of uninhabited land located southeast of Castro Lane and Talisman Drive. The property owner contacted Public Works regarding the possibility of receiving City sewer service. After discussions with staff members, the property owner agreed that beneficial opportunities would accrue if the property was annexed. In the agreement, the property owner may receive sewer service, at her expense, and the City may annex the property without protest. item 8h. Resolution determining that Traffic Siqnal Preemption equipment cannot be reasonably obtained through the usual bidding procedures and authorizinq the Finance Director to dispense with biddinq not to exceed $500,000. The City currently has Opticom Traffic Signal Preemption equipment installed on approximately half of the existing traffic signals, and all Fire Department apparatus and Hall Ambulance vehicles operate with Opticom software emitters. Opticom Traffic Signal Preemption can only be acquired through 3M distributor, Henberger Company. It is necessary to purchase Opticom equipment because of the necessity to Successfully integrate such work, supplies, equipment or materials into existing City projects or systems. Item 8i. Resolution makinq findings and determination reqarding commitment of unexpended Park Acquisition and Development fees. In 1990, the City Council adopted two ordinances relating to park land dedication and development. The State Government Code and the Municipal Code require the Council to make periodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. Current practice is to make such findings for the fifth fiscal year following deposit and every year thereafter. This is the sixth of the annual determinations. Park Improvement Funds can only be expended for park development and acquisition. The funds must be expended within the areas in which they were collected and for the benefit of the residents of that area. Fees are collected as neighborhoods are developed in the zones and as the funds accumulate over time. This report requests Council to make findings and commit all unexpended funds collected for both acquisition and development which the City will have held for five (5) or more years. Item 8i. Resolution reqardinq Council policy on approval of City Joinder of Amicus Briefs, Periodically, public agencies and municipalities in California are involved in litigation involving issues of general interest and applicability to the interests of the City. The City is asked from time to time to support other public agencies' amicus (friend-of-the-court) briefs in cases which have the potential to affect the City's policies, authority or liability. It has been the practice within the City to have the City Attorney's Office determine whether, and on what conditions, the City would join an amicus brief. This policy has never been formalized. Item 8k. Resolution declarinq real property, located south of East Brundage Lane on Hayes Street, surplus to needs of the City. SaFes Agreement with St. Johns Missionary Baptist Church for 149 sq. ft. of irregularly shaped land for $123.00. In November 1994, the City Council adopted Annexation No. 378, commonly referred to as Union 10, annexing certain lands into the City, including Hayes Street. Alta Engineering, on behalf of the St. Johns Missionary Baptist Church requested the vacation of Hayes Street between East Brundage Lane and State Freeway 58 for the expansion of the Church. During the vacation process, it was discovered that several portions of Hayes Street came into the County from the State and HONORABLE MAYOR AND CITY COUNCIL June 8,2001 Page-3- consequently is owned in fee. On May 17, 2001, the Bakersfield Planning Commission found the proposed sale of the underlying fee in the vacated road property consistent with the 2010 General Plan. The property consists of 149 sq. ft of land that is irregular in shape. St. Johns Church, who owns the adjoining land has requested to purchase this property to incorporate into their development. The purchase price of $123.00 is a product of negotiations based on the price the Church paid for the surrounding land late last year. Item 81. Resolution of support for League of California Cities Grassroots Network. The new Grassroots Network advocacy proposal will provide 14 new and reallocate 3 existing League staff in 10 field offices to support the League's 16 regional divisions and 476 cities in advancing legislation that benefits all cities. These staff members would be available to assist City officials and the League's regional divisions to work more closely with legislators, legislative district staff, news media, and community groups to form coalitions that will help protect City revenues and local control. In order to establish the Network, a change in the League's bylaws needs to be approved. Council is being asked to adopt a resolution of support for the Network. Item Sm. H.T.E. Computer Software. The Management Information Services Division has been working to make City applications available to the public on the Internet. The goals for the first phase are to implement interfaces for class registration, park reservations, simple building permits, and solid waste systems. All of these applications, except building permitting and code enforcement, are currently provided by H.T.E. The Development Services Department would purchase new building permitting and code enforcement software from HTE to provide more integration with the other HTE software modules. By combining the purchase of Internet interface software, and building permitting and code enforcement software, staff has been able to negotiate an additional discount of $24,900 from H.T.E. if ordered prior to June 30, 2001. The resolution allows the City to dispense with normal bidding procedures because the software and services cannot be reasonably acquired through the bidding process. The total price of H.T.E. Records Management System will not exceed $382,726 which includes configuration, training, installation, and sales tax. Aqreements: Item 80. Aqreement with ThyssenKrupp Elevator Corporation to provide modernization of passenqer elevator in City Hall Annex buildinq in the amount of $56,900. Staff sent out requests for qualifications and proposals for modernization of the passenger elevator in the City Hall Annex Building. This contractor's qualifications and proposal were evaluated and found to be acceptable. This contractor currently provides maintenance services for all City elevators. The project consists of installing a new microprocessor elevator control system, door operator, door detection system and car-leveling system for the City Hall Annex passenger elevator. This project is included within the FY 2000-01 CIP budget and is funded with Capital Outlay Funds. The Engineer's estimate for the work is $65,000. Item 8p. Aqreement with the Bakersfield City School District for a Community Recreation proqram. The Department of Recreation and Parks and Bakersfield City School District are partners in providing youth development through a combination of recreation and academics. The agreement provides for use of school facilities as part of the City's Summer Game Centers at no cost to the City. Indoor classrooms will be used at Jefferson, Nichols, Wayside, and Franklin Elementary Schools in conjunction with outdoor activities at the adjacent parks. Children ages 6 through 14 can participate for free. The program will run from June 19 to July 28. The City will provide recreational swim passes to BCSD to distribute to its summer school students as an attendance incentive. The anticipated use and revenue impact will be offset by the value the indoor facilities which otherwise would have to be rented. HONORABLE MAYOR AND CITY COUNCIL June 8,2001 Page-4- Item 8q. Agreement for extraction, exchanqe and delivery_ of banked groundwater with California Water Services Co. California Water Service Co. (Cai Water) purchased 41,826 acre-feet of banked groundwater from the Olcese Water District transaction that is in storage in the City's "2800 Acres" banking facility. Cai Water desires to utilize a portion of its banked water to exchange for City Kern River water in order to assist in meeting the water service demands in the Kemville system. A like amount of Cai Water will be transferred to the City account in the "2800 Acres". The annual quantity of water shall not exceed 500 acre-feet. The term of the agreement is to the year 2022, with renewal provisions for an additional 20 years. Cai Water is to maintain a positive balance in its "2800 Acres" groundwater storage account at all times, otherwise the agreement shall cease. At times of high flows on the Kern River and when the City has met all of its required and contractual committments for delivery of Kern River water, a direct sale to Cai Water may be permitted under this agreement. Cai Water will pay a fee of $55 to the City for each acre-foot of water diverted or transferred to City. Item 8r. Ditch Eradication agreement and Pipeline easement on the city-owned Kern River Canal & Irrigating Company number four ditch located on the north side of Snow Road between Coffee Road and Calloway Drive. The City owns an easement for an open irrigation ditch near the north right-of-way on Snow Road between Coffee Road Avenue and Calloway Drive, as well as an additional ditch in the vicinity known as the north lateral. The landowner is in the process of developing approximately 20 acres of property for residential use in the County on the north side of Snow Road. The landowner desires to replace the open ditches with reinforced concrete pipelines along the easements and rights-of-way. All costs to construct and supply the pipeline and the appurtenant structures, as well as filling in and restoring the property will be incurred by the developer at no cost to the City. Item 8s. Amendment No. 4 to Agreement No. 97-200 with Kern Economics Development Corporation (KEDC} for economic development in Kern County in the amount of $60,000. The existing agreement between the City and Kern Economic Development Corporation (KEDC) expires June 30, 2001. The original agreement was for a three-year term, and was extended by one year in June 2000. This amendment would extend the term of the existing agreement for one year, to June 30, 2002. All other terms and conditions of the existing agreement would remain in effect. Item 8t. Amendment to Easement Agreement with Kern Water Bank Authority. The Kern Water Bank Authority (KWBA) has an existing easement agreement that allowed the construction and operation of a canal to transport water from the Kern River channel to the Bank's spreading grounds. The easement is located in the City's "2800 Acres" near the Kern River channel and Enos Lane. The KWBA is requesting an amendment to the existing easement to allow for the construction of headworks and a pipeline to connect the City's Kern River Canal to the KWBA canal. The intertie would increase the efficient conveyance of pumped groundwater from the City's canal to the KWBA canal. KWBA will construct, own and maintain the added facilities and assume liability for operation of the intertie pipeline and appurtenances. KWBA has posted liability insurances with the City, naming the City as additional insured for this project. The term of the amended easement is continuous until the easement is abandoned by KWBA, at which time KWBA is to restore the premises to original condition. Item 8u. Chester Avenue #3 Fire Hydrant and Water System Improvement Proiect. This project is part of an ongoing improvement program for the Chester #3 Annexation Area, and consists of constructing new water main lines within the street right-of-way, and installing new fire hydrants in and around the Chester Avenue area. The water system serving the area does not carry the volume of water necessary to meet the City's Fire Department's minimum standards. The existing fire hydrants are spaced too far apart to adequately cover all of the residential homes in the area in the case of an emergency fire. This project HONORABLE MAYOR AND CITY COUNCIL June 8,2001 Page-5- was budgeted in the 1998-1999 fiscal year CIP and is funded with CDBG monies allocated to the City through the Economic and Community Development Department. Bids: Item 8v. Award annual contract to Sturqeon & Son, Incorporated for earthmovinq and hauling, not to exceed $126,000. This type contract is used when earthwork requies heavy duty scrapers, loaders, and dump trucks, with operators. One acceptable bid was received, and reflects a 2% increase over current contract prices. Staff recommends award to Sturgeon & Son, Inc. Item 8w. Award annual contract to L.N. Curtis & Sons for protective jackets and trousers for structural fire fighting, in an amount not to exceed $25,000. These garments are used by firefighters for protection while doing their job. Additional and replacement quantities needed during the contract period are not yet known. One acceptable bid was received. Staff recommends award to L.N. Curtis & Sons. Item 8x. Award base bid and Additive Alternate bids 1 and 2 to Leo Tidwell Excavatinq Corp. for traffic siqnal interconnect at various locations in the City of Bakersfield, not to exceed $536,297.50. This project includes installation of traffic signal interconnect at various locations, and street light conduit on Baker Street. The base bid and additive alternate 1 are part of the City Master Signal communication Plan. Federal funds will cover 88.53% of these costs, with the remainder coming from the Gas Tax Fund. Additive alternate 2 is a non-Federal aid item and will be funded by the Gas Tax Fund. This project is included in the CIP budget. Three acceptable bids were received. Staff recommends award to Leo Tidwell Excavating Corp. Item 8y. Award annual contract to Pavement Recycling Systems, Incorporated for cold planinq for the Streets Division, not to exceed $100,000_. This contract is used primarily by the Streets division to prepare neighborhood streets for paving. Three acceptable bids were received. Staff recommends award to Pavement Recycling Systems, Inc. Item 8z. Award annual contracts to Target Specialty Products and Wilbur-Ellis Company for chemical insecticides and herbicides for the Parks and Water Department, in the amounts of $139,541.43 and $94,167.71, respectively, for a total of $233,709.14. Miscellaneous: Item 8aa. Appropriate $53,441 prior year HOME entitlement and reprogram $1,190,764 existing HOME cppropriations to the Capital Vision Equities, Senior Housing Proiect within the HOME fund. At the Council meeting of March 14, 2001, Council approved a CDBG amendment. In compliance with HUD regulations, the amendment authorized the use of certain HOME funds for the Capital Vision Equities, Senior Housing component of the City Center project. A portion of the funds ($53,441) earmarked for this project were accumulated in previous years as a result of HOME administration savings. The $1,190,764 are existing HOME appropriations earmarked for the project. These transactions require Council approval to appropriate prior year HOME entitlement savings, and to transfer funds to the Economic & Community Development operating budget. Item 8bb. Appropriate $190,000 Miscellaneous Water Sales to the Water Resources operatinq budget within the Agriculture Water Fund for additional electrical power costs. Historically, the City budgets $220,000 to pay power costs to run an extraction program from the City's Ag Water 2800 Acres banking program; however, this was not included in the current fiscal year. As a result of the state water supply HONORABLE MAYOR AND CITY COUNCIL June 8, 2001 Page-6- being 30% of normal last winter and due to the current dry year on the Kern River, it has become necessary to re-activate the program. Under existing agreements between the City, Kern County Water Agency and Kern County, the City will receive reimbursement for power costs and will sell its miscellaneous water recovered at current market price. This program will result in no costs to the City. Item 8cc. Accept $15,900 for contributions from several local businesses for anti-qraffiti educational and promotional activities. Several local businesses have made donations to the Anti-Graffiti Program totaling $15,900 for the purpose of conducting and expanding anti-graffiti educational and promotional activities. These funds are included within General Services' operating budget. Item 8dd. Referral of Taxi-cab revisions to Leqislative & Litiqation Committee. The Police Department desires to make several minor changes to the existing tax-cab ordinance. Staff recommends referral of the matter to the Legislative and Litigation Committee. HEARINGS Item 9a. Protest Hearing for Consolidated Maintenance District (park landscaping assessments/, and Resolution approving and adopting Public Works Director's Report. The City Council approved a Resolution of Intention on May 16, 2001 preliminarily adopting, confirming and approving the Public Works Director's Report and the 2001-02 park landscaping budget for the consolidated maintenance district. This resolution set the protest hearing date for June 13, 2001. Park landscaping assessment rates were not increased for FY 2001-02. Notices were sent out regarding the assessments. This hearing is to hear protests on the fairness of the benefit formula, the zone of benefit, the amount of assessment on a parcel, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. Item 9b. Protest Hearing for Consolidated Maintenance District (park landscapinq assessments), and Resolution approving and adopting Public Works Director's Report. The City Council approved a Resolution of Intention on May 16, 2001 preliminarily adopting, confirming and approving the Public Works Director's Report and the 2001-02 street landscaping budget for the consolidated maintenance district. This resolution set the protest hearing date for June 13, 2001. Street landscaping assessment rates were not increased for FY 2001-02. Notices were sent out regarding the assessments. This hearing is to hear protests on the fairness of the benefit formula, the zone of benefit, the amount of assessment on a parcel, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. Item 9c. Protest Hearinq for Consolidated Maintenance District ( four traffic siqnal maintenance districts), and Resolution approving and adopting Public Works Director's Report. The City Council approved a Resolution of Intention on May 16, 2001 preliminarily adopting, confirming and approving the Public Works Director's Report and the 2001-02 budgets for the traffic signal maintenance district. This resolution set the protest hearing date for June 13, 2001. Traffic signal assessment rates were not increased for FY 2001-02. Notices were sent out regarding the assessments. This hearing is to hear protests on the fairness of the benefit formula, the zone of benefit, the amount of assessment on a parcel, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. HONORABLE MAYOR AND CITY COUNCIL June 8,2001 Page-7- Item 9d. Protest Hearing and Resolutions reqardinq Assessment District No. 01-1 (Ming Avenue at Allen/Mountain Vista Drive/Hampton Place). This hearing will receive protests for a proposed assessment district located at Ming Avenue at Allen/Mountain vista Drive/Hampton Place. Following the close of the hearing, Council will be asked to adopt resolutions that will approving Final Engineer's Report, levy assessments, order public improvements, and provide for the cash payment period for properly owners wishing to pay all or any part of their respective assessments in cash, without interest. The assessments will be recorded as liens and notices will be mailed to the property owners. Item 9e. Public Hearing to consider commercial refuse rate increase for Fiscal Year 2001/02 (3.23% proposed rate increase). State law requires new fees and charges as well as increases in existing fees and charges be adopted by ordinance or resolution following a hearing. At this Council meeting, there will be a public hearing to consider a proposed 3.23% commercial refuse rate increase for FY 2001-02. The proposed fees would become effective July 1, 2001. Following the close of the hearing, Council will be asked to adopt a resolution adopting the commercial solid waste fees and service charges. Item 9f. Public Hearing to consider residential refuse rate increases for Fiscal Year 2001/02 (3.23% proposed rate increase). State law requires new fees and charges as well as increases in existing fees and charges be adopted by ordinance or resolution following a hearing. At this Council meeting, there will be a public hearing to consider a proposed 3.23% residential refuse rate increase for FY 2001-02. The proposed fees would become effective July 1, 2001. Because of a publication error, the public hearing notice was not published 10 days prior the hearing. Therefore, staff recommends opening the public hearing, receiving testimony and continuing the hearing until June 27, 2001. Item 9q. Public Hearing for the Fiscal Year 2001/02 Operating, Bakersfield Redevelopment Aqency and Capital Improvement Proqram Budgets. Each year, a public hearing is required prior to adoption of the budget to hear public comment. Final adoption of the budget is scheduled for June 27, 2001. REPORTS Item 10a. City Center Project. City Manager, Alan Tandy will give an update on the progress of the City Center Project. Item lOb. Budqet and Finance Committee Maiority Reports No. 3-01 and No. 4-01 regardinq Non-Profit Organizations. The City annually receives a variety of funding requests from non-profit groups. Most are requesting use of CDOG Funds, but there are some which request General Funds as well. On June 5, 2001, the Budget and Finance Committee met to discuss some of these requests. In order to fairly evaluate these requests the City Council has had a policy that they meet a certain criteria. The Majority Report recommends contribution from the City to the Bakersfield Museum of Art from Council Contingency. All other requests for funds from non-profit groups be included as part of the June 13, 2001, Council discussion regarding City policy and criteria used in evaluating requests for funds from non-profit groups. The Minority report recommends all requests for funds from non-profit groups be included as part of the June 13, 2001, Council discussion regarding City policy and criteria used in evaluating requests for funds from non-profit groups. Most of the strong Council interest in funding operating costs of non-profits has revolved around the Bakersfield Senior Center, Symphony and Bakersfield Art Museum. In each of these cases, there has been a multi-year relationship with the entities involved. In fact, all three have leased City property for HONORABLE MAYOR AND CITY COUNCIL June 8,2001 Page-8- years. Two have been gifted the properly they formerly leased. Staff recommends that the historic policy be kept in place with the exception of these three entities, whose long-term relationship and involved financial history with the City make them unique, In addition, staff recommends: 1) Bakersfield Music Theater - Request for $50,000. This is for debt service retirement on capital costs, and therefore fits within the Council policy. 2) Kern County Museum - The original request was for $100,000 in operating funds. Staff would recommend helping them out by prioritizing two existing City projects to "go there next" rather than assisting them with operating costs or the ADA. Staff recommends working out a two-year CDBG program for median enhancements and on- going street lighting program. 3) Bakersfield College - The College wants an unspecified amount to contribute toward a new competitive pool and rehabilitation of their old pool. While this has merit, the College has its own tax base. Staff recommends exploring discussions on joint use opportunities with no capital contribution DEFERRED BUSINESS Item 1 la. Ordinance amendinq the Municipal Code relatinq to Business Use of Sidewalks. The Downtown Business and Property Owners' Association and local produce marketers would like to hold weekly Farmer's Markets in the downtown area. The current ordinance limits the boundaries of open air markets to Wall Street Alley. The request is to expand the location to include the sidewalk on the west side of Chester Avenue between Wall Street and 18th Street. Affected merchants on Chester Avenue have consented to the use of the sidewalks fronting their businesses. The amendment ordinance would also allow up to 52 open air markets per year, an increase from the current allowance of 13. This is the second reading of the ordinance. Item 11b. Ordinance amendinq the Municipal Code regarding the utilization of the P.C.D. (Planned Commerical Development) zone as combinq zones. Proposed ordinance amendments were referred to the Urban Development Committee on February 28, 2001. The Committee met on May 14, 2001 and expressed concern that the amendment, while providing a streamlining option to the P.U.D. and P.C.D. process, it did not provide an opportunity for Council involvement, except on appeal. The Committee directed staff to add language to the proposed ordinance to provide for Council review. This is the second reading of the ordinance. AT.AC:al cc: Department Heads City Clerk's Office News Media File S:~AGN HIGH\01jun13.wpd June 7, 2001 ADMINISTRATIVE REPORT IMEETING DATE: June 13, 2001 AGENDA SECTION: Budget Presentation ITEM: ~. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: June 6, 2001 CITY ATrORNEY N/A CITY MANAGER ~..~ SUBJECT: Centennial Garden Department Budget Presentation RECOMMENDATION: BACKGROUND: The Centennial Garden Executive Director will provide a detailed overview of their Fiscal Year 2001-2002 proposed operating budget. The budget overview will include discussion regarding the accomplishments and action plan for the department. June 6, 2001, 4;02pm S:\02 Budpro\CGbudgetpres01-02.wpd ADMINISTRATIVE REPORT I MEETING DATE: June 13, 2001 AGENDA SECTION: Workshop ITEM: 2. b. TO: Honorable Mayor and City Councilmembers APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD .~ DATE: June 6, 2001 CITY A'I-I'ORNEY SUBJECT: ClTY MANAGER ~ Recommendations on "Centennial Corridor" from Westchester Area Citizens RECOMMENDATION: BACKGROUND: The citizens of the Westchester area will present comments and recommendations regarding the proposed "Centennial Corridor" alignment that is being considered as part of the systems study begin performed by URS Greiner. Interim Public Works Director Jack LaRochelle will give brief introductory comments. C:~)ocuments and Settings~lcumtchkLocal SettiflgsSTemp\Westchel.wlxt ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Closed Session ITEM: ;~. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 1, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 Two (2) potential cases. RECOMMENDATION: BACKGROUND: BJT:laa JU13CA1.CS June 1, 2001, 10:24am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 1, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Roger Edwin Hartley, etc. v. City of Bakersfield, et aL; United States District Court, Eastern District, Case No. CIV-F-00-5894 AWl DLB RECOMMENDATION: BACKGROUND: BJT:laa JU13CA2.CS June 1. 2001, 10:26am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Closed Session ITEM: 3.c o TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 5, 2001 APPROVED DEPARTMENT HEAD ~'~ CITY ATT O R NE Y CITY MANAGER -~-~ SUBJECT: Conference with Labor Negotiator, City Manager Alan Tandy, pursuant to Government Code section 54957.6. Employee organizations: Management, General Supervisory and Police Supervisory RECOMMENDATION: BACKGROUND: BJT:laa JN13CA3.CS June 5, 2001, 3:06pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Closed Session TEM: 3.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 5, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code section 54956.9. One case. RECOMMENDATION: BACKGROUND: BJT:laa JN13CA4.CS June 5, 2001, 3:49pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Presentations ITEM: 5. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hail ~ May 31,2001 DEPARTMENT HEAD~D ClTY ATrORNEY CITY MANAGER ~ Presentation by Mayor Hall of Proclamation to Dave Christensen, District Manager of Southern California Gas Company, proclaiming June 24-30, 2001, as "Energy Efficiency Awareness Week". RECOMMENDATION: BACKGROUND: May 30, 2001, 5:16pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk June 6, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED N/^ Minutes of May 21, 2001 Budget Presentations and May 30, 2001 Regular Council Meeting. RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\J U N 1301 .wpd June 6, 2001, 2:20pm REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 31, 2001 APPF~OVED CITY MANAGER /~' Approval of depadment payments from May 18, 2001 to May 31, 2001 in the amount of $2,667,265.20 and self insurance payments from May 18, 2001 to May 31,2001 in the amount of $115,345.78 RECOMMENDATION: Staff recommends approval of payments totaling $2,782,610.98 BACKGROUND: S:\KimG\Forms & Lables~ADMtN-AP.wpd ADMINISTRATIVE REPORT rMEETINGDATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD ~ May 30, 2001 CITY ATTORNEY ~ CITY MANAGER ~ Resolution of Intention No. 1244 to add territory, Area 1-21 (Brimhall, Allen NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Parcel Map 10763 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 street and median landscaping. Area 1-21 is generally bounded by a line 1800 feet north of Brimhall Road on the north, Allen Road on the east, Brimhall Road on the south and Jenkins Road on the west. This area will be under the streetscape zone of benefit and when street landscaping has been installed assessed an amount for street tier 2. 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 above 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. 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. A copy of this covenant is attached for reference. Ivd May 30, 2001, 3:15PM G:\GROUPDAT~ADMIN RPT\2001\Jun 13\MD1-21ri01 .wpd ADMINISTRATIVE REPORT r MEETINGDATE: June 13, 2001 AGENDA SECTION: Consent Calendar TEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD May 30, 2001 CITY ATTORNEY -~ CITY MANAGER Resolution of Intention No. 1245 to add territory, Area 1-17 (Palm, Allen SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tracts No. 6007 and 6033 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 street and median landscaping. Area 1-17 is generally bounded by Palm Avenue on the north, Allen Road on the east, a line 1/4 mile south of Palm Avenue on the south and Jenkins Road on the west. This area will be under the streetscape zone of benefit and when street landscaping has been installed assessed an amount for street tier 2. 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 above 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. 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. A copy of this covenant is attached for reference. Ivd May 31, 2001, 9:40AM G:\GROU PDAT~ADMINRPT\2001\Jun 13\MD1-17ri01 ,wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent ITEM: 8. e. TO: Honorable Mayor and City Council APPROVED FROM: DATE: Development Se~ices-Planning May 25, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 422, located north of Reina Road, between Jewetta Avenue and Allen Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 422 to the City of Bakersfield. The proposed annexation consists of approximately 230 +/- acres of uninhabited land located along the south side of Reina Road, between Jewetta Avenue and Allen Road. The property owner has submitted an application for a general plan amendment with a concurrent zone change to reflect what the county has approved. MO:pjt (admin\june\6-13-422 May 25, 2001,9:22am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent ITEM: 8. ¢. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 25, 2001 APPROVED CITY MANAGER ~ Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 423, located at the southeast corner of Castro Lane and Talisman Drive. (Ward 7) 1. Agreement between the City of Bakersfield and Louise V. Hatcher for sewer service. RECOMMENDATION: Staff recommends adoption of resolution and approve the agreement. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 423 to the City of Bakersfield. The proposed annexation consists of approximately 1/2 acre of uninhabited land located southeast of Castro Lane and Talisman Drive. The property owner contacted Public Works staff regarding the possibility of receiving city sewer service from the City of Bakersfield. After discussions with staff members, Ms. Hatcher has agreed that beneficial opportunities would accrue if her property were annexed to the city. The attached agreement is the product of those negotiations regarding service to Ms. Hatcher's property. In the agreement, Ms. Hatcher may receive service, at her expense, and the city may annex the property without protest. MO:pjt (admin\ju ne\6-13-423) May 25, 2001, 10:48am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent ITEM: 8 .g. TO: Honorable Mayor and City Council APPROVED FROM: Development Services - Planning DATE: May 25, 2001 SUBJECT: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 424 located at the southwest corner of Union Avenue and Hosking Road. (Ward 7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 424 to the City of Bakersfield. The proposed annexation consists of approximately 73 acres of uninhabited land located at the southwest corner of Union Avenue and Hosking Road. The property owners wish to annex the site in order to receive city services. MO:pjt admin\june\6~13-424a May 25, 2001, 10:32am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief May 31,2001 APPROVED DEPARTMENT HEAD c,Ty A OR.EV CITY MANAGER Resolution determining that Traffic Signal Preemption Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, therefore, not to exceed $500,000. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This City currently has Opticom Traffic Signal Preemption equipment installed on traffic signals, and all Fire Department apparatus and Hall Ambulance vehicles operate with Opticom software emitters. The City currently has almost half of all traffic signals preempted for use by emergency or public safety vehicles. Opticom Traffic Signal Preemption can only be acquired through 3M distributor, Henberger Company. It is necessary to purchase Opticom equipment because of the necessity to successfully integrate such work, supplies, equipmer~t or materials into an existing City project or system. kec May 31, 2001, 9:41am p:~,dm inReport\Opticom ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Agenda TEM: 8. i. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD -~-~ DATE: June 1, 2001 CITY ATTORNEY ~/'~"~' CITY MANAGER ~ SUBJECT: Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development fees. RECOMMENDATION: Staff recommends adoption of resolution committing unexpended Park Acquisition and Development fees. BACKGROUND: In 1990, the City Council adopted two ordinances relating to park land dedication and development. One ordinance requires developers to set aside land and/or pay in-lieu fees for park land purposes (BMC Ch. 15.80). The other ordinance requires the builders to pay fees for the development of the park site (BMC Ch. 15.82). The State Government Code (§66001 (d)) and the Bakersfield Municipal Code require the Council to make periodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. The State Government Code requires local agencies "for the 5th fiscal year following the first deposit into an account or fund, and every 5 years thereafter, to include specified information in findings relating to the funding of a project." Current practice is to make such findings for the 5th fiscal year following deposit and every year thereafter. In accordance with the current practice, Council will be informed on an annual basis of al_l funds not expended within 5 years. This is the sixth of the annual determinations. Park improvement funds can only be expended for park development and acquisition. Moreover, the funds must be expended within the areas in which they were collected and for the benefit of the residents of that area. (Thus the establishment of the six park zones of benefit). Fees are collected as neighborhoods are developed in the zones and as the funds accumulate over time. June 1, 2001 (8:46AM) P:\Park Acq & Dev\5yradminrpt.wpd ADMINISTRATIVE REPORT Page 2 Significant sums are typically required to acquire suitable sites and develop them in accordance with city standards (exceptions are the various improvement projects currently being undertaken that are upgrading playgrounds and other facilities in existing parks around the city). If sufficient funds have not accumulated, the already-collected funds need not be expended within five years, provided that the Council determines that they can eventually be expended to benefit zone residents. By making this determination, the city will be able to continue accumulating funds in each zone until there are amounts that are sufficient to establish park and recreation facilities that provide long-range benefits to residents. The determination shalt be to identify the purpose for which the fees are proposed to be expended. In the event that no need could be demonstrated, then the funds would have to be refunded to the current property owner. Staff has identified needed projects to utilize existing and projected funding in each zone - these are included in the Proposed Capital Improvement Program Budget. Existing balances in some zones are not sufficient to fund additional projects; however, it is projected that the necessary additional monies will be collected as there is further development in these zones. This Administrative Report requests Council to make findings and commit all unexpended funds collected for both acquisition and development which the City will have held for five (5) or more years in accordance to the attached. Schedule A summarizes unexpended revenue on hand after five years. Schedule B is staff's recommendation which summarizes proposed expenditures for these funds in new and/or existing parks. June 1, 2001 (8:46AM) P:\Park Acq & Dev\5yradminrpt.wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 1, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ A Resolution regarding Council policy on approval of City Joinder of Amicus Briefs. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: From time to time, public agencies and municipalities in California are involved in litigation involving issues of general interest and applicability to the interests of the City of Bakersfield. Consequently, the City is asked from time to time to support other public agencies' amicus (friend-of-the-court) briefs in cases which have the potential to affect the City's policies, authority or liability. These amicus brief requests typically involve only general issues of municipal law and not difficult, controversial or novel public policy concerns. It has historically been the practice within the City to have the City Attorney's Office determine whether, and on what conditions, the City of Bakersfield would join an amicus brief. However, this policy has never been formalized, and therefore adoption of this Resolution is necessary in order to continue to allow the City Attorney's Office to make these determinations. RMS:dlr JU27CA1 .CC S:/COUNCIL\Admins~AmicusBriefReso wpd June 1, 2001.10:58am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calender ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2001 APPROVED CITY ATTORNEY ~J~ CITY MANAGER Sale of Surplus Property 1. Resolution declaring real proper~y, located approximately 300 feet South of East Brundage Lane on Hayes Street, surplus to needs of the City. 2. Sales Agreement of 149 square feet of irregularly shaped land for $123.00 with St. Johns Missionary Baptist Church. RECOMMENDATION: Staff recommends adoption of the resolution and approval of the sales agreement. BACKGROUND: On November 10, 1994, the City Council adopted Annexation No. 378, commonly referred to as Union 10, annexing certain lands into the City of Bakersfield, including Hayes Street. Pursuant to Streets and Highway Code Section 989," Upon the incorporation of a City or the annexation of territory to a city, all right title, and interest of the County, including underlying fee where owned by the County, in and to any County highway within the territory involved, shall vest in the City and shall thereupon constitute a City Street...". Subsequently, Alta Engineering, on behalf of the St. Johns Missionary Baptist Church requested the vacation of Hayes Street between East Brundage Lane and State Freeway 58 for the expansion of the Church. During the vacation process it was discovered that several pot[ions of Hayes Street came into the County from the State and consequently is owned in fee. On May 17, 2001, the Bakersfield Planning Commission found the proposed sale of the underlying fee in the vacated road property consistent with the Metropolitan Bakersfield 2010 General Plan. The property consists of 149 square feet of land that is irregular in shape. St. Johns Church, who owns the adjoining land has requested to purchase this property to incorporate into their development. The purchase price of $123.00 is a product of negotiations based on the price the Church paid for the surrounding land late last year. jws May 29, 2001, 8:28am P \DOCUMENTS~2nd hayes street admin report wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o !. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager May 31, 2001 APPROVED DEPARTMENT HEAD CITY A'i-rORNEY ? ClTY MANAGER A Resolution of Support for League of California Cities Grassroots Network RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The new Grassroots Network advocacy proposal will provide 14 new and reailocate 3 existing League staff in 10 field offices to support the League's 16 regional divisions and 476 cities in advancing legislation that benefits all cities. These staff would be available to assist city officials and the League's regional divisions to work more closely with legislators, legislative district staff, news media, and community groups to form coalitions that will help protect city revenues and local control. Recent history has dramatically shown the trend of the State of California to shift revenues and authority away from local government. Three vivid examples of this are property tax shifts, vehicle license fee slashes, and a mandatory system of binding arbitration on local governments involved in salary and benefit disputes with public safety employees. The League's Grassroots Network proposal is an attempt to reverse this trend. Cities are consistently outspent and out-lobbied by groups that are able to commit substantially more resources to influencing legislative decisions and which hoister these lobbying efforts with campaign contributions. Cities and the League may not make campaign contributions to state officials. They do have, however, a network of local elected and appointed officials with their own extensive community contacts, including personal and professional acquaintances among legislators and with the Governor. Mobilizing these resources through the Grassroots Network is the best option for changing the current imbalance of power between the state and local government. In order to establish the Grassroots Network, a change in the League's bylaws needs to be approved. The League is, therefore, asking cities to vote to approve the addition to the bylaws establishing the Grassroots Network. A ballot response is requested by July 6, 2001. The proposed dues for the Grassroots Network are based on population as are the League's annual dues. The League recommended and the City included in its proposed budget the increased cost of the Grassroots Network (approximately $9,800 for 2001-2002). The total proposed League dues, including the Grassroots Network, for the 2001-2002 fiscal year is $37,806. (P:~AT~DM-010613ol ) June 4, 2001,2:26pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 .m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Alan Christensen, Assistant City Manager June 5, 2001 APPROVED DEPARTMENT HEAD CITY ATI'ORNEY ClTY MANAGER H.T.E. Computer Software Resolution Determining that the H.T.E. Internet Interface, Permitting and Code Enforcement System Software for the Development Services Department Cannot be Reasonably Obtained through Usual Bidding Procedures. Agreement with H.T.E., Inc. Regarding Purchasing of Internet Interface, Permitting and Code Enforcement Software for $ $382,726. RECOMMENDATION: Staff recommends adoption of the Resolution, execution of the Agreement, and transfer of funds. BACKGROUND: The Management Information Services Division has been working to make City applications available to the public on the Internet. The goals for the first phase are to implement internet interfaces for class registration, park reservations, simple building permits, and solid waste systems. All of these applications, except building permitting and code enforcement, are currently provided by H.T.E. The Development Services Department is currently using a building permits system from Acella, Inc. This software is difficult to maintain and does not provide several key features necessary for the City, including integration with the H.T.E. Financial Systems and a suitable internet interface. Management Information Services and Development Services staff have determined that the most efficient method of making building permits available over the internet will be to replace the current permitting system with the H.T.E. building permits application. This will provide additional functionality for the Development Services staff and an internet interface for the public which is consistent with City web standards for security and design. By combining the purchase of internet interface software and building permitting and code enforcement software, staff has been able to negotiate an additional discount of $24,900 from H.T.E. if ordered prior to June 30, 2001. The proposed agreement with HTE would provide a software license that is necessary to migrate the existing building permits system and data to the H.T.E. system, provide staff training, and ADMINISTRATIVE REPORT Page 2 install the Internet interfaces for existing H.T.E. applications. The resolution allows the City to dispense with normal bidding procedures because the software and services cannot be reasonably acquired through the bidding process, The total price of H.T.E. Records Management System will not exceed $382,726 which includes configuration, training, installation, and sales tax. The building permitting and code enforcement software ($252,268) is provided for in the current year Development Services amended budget. While the Internet interface software ($130,458) is in the MIS amended budget. ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar TEM: 8.no TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD CITY MANAGER Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with SYROLI IV, for Tract 5941 Phase 2 located north of Berkshire Road and east of Monitor Street. (Ward 7) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. May 25, 2001, 9:32am G:\GROUPDAT~,DMINRPT~2001\Jun 13\MAPS&IMPAGR.wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 .o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques LaRochelle, Interim Public Works Director May 31, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORN E~ "' CITY MANAGER ~ Agreement with ThyssenKrupp Elevator Corporation to provide modernization of Passenger Elevator in City Hall Annex Building in the amount of $56,900. (Ward 2) RECOMMENDATION: Staff recommends acceptance of proposal and award of contract. BACKGROUNB: Staff sent out Requests for Qualifications and Proposals (RFQ and P) for modernization of the Passenger Elevator in the City Hall Annex Building. One contractor submittted qualifications and proposal by the May 30, 2001 deadline as follows: ThyssenKrupp Corporation 840 Embarcadero Dr., Suite 30 West Sacramento, CA 95605-1503 Proposal Total $56,900 The contractor's qualifications and proposal were evaluated and found to be acceptable. This contractor currently provides maintenance services for all City elevators. This project consists of installing a new microprocessor elevator control system, door operator, door detection system and car-leveling system for the City Hall Annex passenger elevator. This project is included within the FY 2000-01 Capital Improvement Program budget and is funded with Capital Outlay Funds. The Engineer's Estimate for the work is $65,000. G:\GROUPDAT~ADMINRP~2.00 l~june 13ANNEX ELEVATOR May 31, 2001.4:16pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks May 31, 2001 APPROVED DEPARTMENT HEAD ~"~ CITY ATTORNEY ClTY MANAGER ,/~ AgreementforaCommunityRecreationProgram withtheBakersfieldCitySchoolDistrict. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Department of Recreation and Parks and Bakersfield City School District (BCSD) are partners in providing youth development through a combination of recreation and academics, our respective areas of expertise. Summer 2001 provides further opportunity with an agreement for a summer recreation program. The agreement provides for use of school facilities as part of the city's Summer Game Centers at no cost to the city. Indoor classrooms will be used at Jefferson, Nichols, Wayside, and Franklin Elementary Schools in conjunction with outdoor activities at the adjacent parks. Children ages 6 through 14 can participate for free in sports, drama, arts & crafts and other supervised activities. The program will run from June 19 to July 28. The city will provide recreational swim passes to BCSD to distribute to its summer school students as an attendance incentive. Students with perfect attendance from Monday through Thursday will be able to swim for free on one day during the following week. The anticipated use and revenue impact will be offset by the value of the indoor facilities which otherwise would have to be rented. This is the second year facilities have been exchanged in this way, and both the department and BCSD are finding the arrangement beneficial to citizens. The agreement has been fine-tuned since its initial implementation - originally, the recreational swim pass was good for Fridays only. However, this resulted in excessive demand. Inviting swimming during the next week evens out demand, and as summer school is scheduled in the mornings and recreational swim in the afternoons, students can enjoy both activities. C:\WINDOWS\DESKTOP\BCSDSummerAdmin.wpd June 1, 2001, 12:10PM ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager May 30, 2001 APPROVED DEPARTMENT HEAD(/")` ~'~, CITY ATTORNEY ~ CITY MANAGER ~',~ Agreement for Extraction, Exchange and Delivery of Banked Groundwater with California Water Service Co. (Ward No.4 & Outside City Limits) RECOMMENDATION: Staff recommends execution of the agreement BACKGROUND: California Water Service Co. (Cai Water) purchased 41,826 acre-feet of banked groundwater from the Olcese Water District transaction that is in storage in the City's "2800 Acres" banking facility. Cai Water now owns and operates the Kernville Domestic Water System in Kemville, CA. Cai Water desires to utilize a portion of its banked water to exchange for City Kern River water in order to assist in meeting the water service demands in the Kernville system. Cai Water will withdraw water direct from the Kern River at a point located in Kernville. A like amount of Cai Water banked water will be transferred to the City account in the "2800 Acres". The annual quantity of water shall not exceed 500 acre-feet. The term of the agreement is to the year 2022, with renewal provisions for an additional 20 years. Cai Water is to maintain a positive balance in its "2800 Acres" groundwater storage account at ail times, otherwise the agreement shall cease. At times of high flows on the Kern River and when the City has met all of its required and contractual commitments for delivery of Kern River water, a direct sale to Cai Water may be permitted under this agreement. Gal Water will pay a fee of $55.00 (subject to annual adjustment to price index for commodities) to City for each acre-foot of water diverted or transferred to City. The City of Bakersfield Water Board reviewed this exchange agreement at its meeting of May 9, 2001 and recommended approval by the City Council. FRC:fc S:2001 ADMIN RPTS',JN13W-i'2CC May 29, 2001, 5:30pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: Honorable Mayor and City Council Gene Bogad, Water Resources Manager June 1, 2001 ~.PPROVED DEPARTMENT HEAD ( ~,,~, SUBJECT: Ditch Eradication Agreement and Pipeline Easement on the City-owned Kern River Canal & Irrigating Company number four ditch located on the north side of Snow Road between Coffee Road and Calloway Drive. (Outside City Limits) RECOMMENDATION: Staff recommends execution of the "Ditch Eradication Agreement and Pipeline Easement". This includes acceptance of the new easement, quitclaim of old easement, and execution of a "Consent to Common Use" agreement with the County of Kern. BACKGROUND: The City of Bakersfield owns an easement for an open irrigation ditch near the north right-of- way on Snow Road between Coffee Road Avenue and Calloway Drive, as well as an additional ditch in the vicinity known as the north lateral. These irrigation ditches are known as the Kern River Canal and Irrigating Company number four ditch, which was acquired with the 1976 Kern River Water Rights Acquisition. The landowner, Donald G. Wattenbarger, is in the process of developing approximately 20 acres of property for residential use in the county on the north side of Snow Road. The development is known as Tract No. 5909. Mr. Wattenbarger desires to replace the open ditches with reinforced concrete pipelines along the easements and rights-of-way. All costs to construct and supply the pipeline and the appurtenant structures, as well as filling in and restoring the property will be incurred by the developer at no cost to the City of Bakersfield. This item was approved by the City of Bakersfield Water Board at it's March 7, 2001 meeting and recommended to the City Council for action. June 1, 2001 8:42AM S:, ADM RPTS\200 INJN 13WT I CC ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 rAGENDA SECTION: Consent Calendar ITEM: 8 o s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director May 22, 2000 DEPARTMENT HEAD ~ ~,~ CITY ATTORNEY CITY MANAGER Amendment No. 4 to Agreement No. 97-200 for $60,000 with Kern Economic Development Corporation (KEDC) for Economic Development in Kern County. (All Wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: The existing agreement between the City of Bakersfield and Kern Economic Development Corporation (KEDC) expires June 30, 2001. The original agreement was for a three year term, and was extended by one year in June 2000. This amendment would extend the term of the existing agreement for one year, to June 30, 2002. All other terms and conditions of the existing agreement would remain in effect. These include: · Funding: The contract base amount is $60,000 per year. In addition, KEDC can earn up to an additional performance-based incentive of $40,000 per year. For each 50 jobs that are created by an employer within the city limits in which KEDC has been involved in recruiting or expanding, KEDC will be paid an additional $5,000, up to a maximum of $40,000 each year. These amounts are included in the Economic and Community Development Department's FY 2001-02 budget. · information sharing between KEDC and City of Bakersfield: KEDC will continue to provide the City with extensive information about prospects, and the City will adhere to KEDC's confidentiality policy. The contract defines the role of both parties regarding other aspects of dealing with prospects. · Public sector fundinq policy: KEDC will continue its efforts to increase financial support from all incorporated cities within Kern County. · Retention proiects: KEDC will refer retention and expansion projects within the city limits to Economic and Community Development Staff. DIk:S:~Admins\kedc amendment 2001 .wpd June 5, 2001, 4:52pm ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.t;. TO: Honorable Mayor and City Council APPROVED FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD ~ ~'~-~'~ DATE: June 5, 2001 CITY ATTORNEY SUBJECT: CITY MANAGER .,~'_~ Amendment No. 1 to Easement Agreement No. 99-15 with Kern Water BankAuthority (Ward No. 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Kern Water Bank Authority (KWBA) has an existing Easement Agreement No. 99-15 that allowed the construction and operation of a canal to transport water from the Kern River channel to the Bank's spreading grounds. The easement is located in the City's "2800 Acres" near the Kern River channel and Enos Lane. The KWBA is requesting an amendment to the existing easement to allow for the construction of headworks and a pipeline to connect the City's Kern River Canal to the KWBA canal. The intertie would increase the efficient conveyance of pumped groundwater from the City's canal to the KWBA canal. KWBA will construct, own and maintain the added facilities and assume liability for operation of the intertie pipeline and appurtenances. KWBA has posted liability insurances with the City, naming City as additional insured for this project. The term of the amended easement is continuous until the easement is abandoned by KWBA, at which time KWBA is to restore the premises to original condition. FRC:fc JN13W-r3cc June 5, 2001, 3:17prn ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques LaRochel[e, interim Public Works Director June 1, 2001 APPROVED DEPARTMENTHEAD Chester Avenue #3 Fire Hydrant and Water System Improvement Project. (Ward 2) 1. Amendment #1 to Agreement No. 01-062 with California Water Service Company to reflect a budget increase of $12,000 for design and construction of fire flow improvements in the Chester Avenue #3 area. 2. Accept bid to award contract to West Valley Construction Company, Inc. in the amount of $190,655 for the Chester Avenue #3 Fire Hydrant and Water System improvement Project. RECOMMENDATION: Staff recommends approval of Amendment, acceptance of Iow responsive bid, and award of contract. BACKGROUND: This project is part of an ongoing improvement program for the Chester #3 Annexation Area. This project consists of constructing new water main lines within the street right-of-way and installing new fire hydrants in and around the Chester Avenue area to provide improved fire protection for residents. Currently, the water system serving the Chester Avenue #3 Annexation Area does not carry the volume of water necessary to meet the City of Bakersfield Fire Department's minimum standards. Also, the existing fire hydrants are spaced too far apart to adequately cover all of the residential homes in the area in the case of an emergency fire. After the proposed improvements are constructed, the new water system will carry an adequate volume of water to meet the City of Bakersfield Fire Department's requirements. New fire hydrants will be used to replace or supplement existing fire hydrants to provide improved coverage for the residents in the Chester Avenue area. This project was budgeted in the 1998-1999 fiscal year Capital Improvement Program and is to be funded with Community Development Block Grant (CDBG) monies allocated to the City of Bakersfield through the Economic and Community Development Department. jcu June 1, 2001, 9:23am S:\PROJECTS~Jcu~2000-2001\Water Systems\Chester #3~AdminReporLChester3.wpd ADMINISTRATIVE REPORT Page 2 Agreement No. 01-062, which was necessary to implement this project, was approved on March 14, 2001. In order to award the bid to the lowest responsible bidder and have sufficient funds available for contingencies, staff is recommending a budget increase of $12,000 in additional Community Development Block Grant Funds (CDBG). These funds were made available from project savings from the Haley Street Area Sidewalk Reconstruction Project. Approval of Amendment #1 would increase the City's project share total to $225,000. Combined with California Water Service Company's share of $80,516, the inter agency assistance total would increase to $305,516. The Engineer's Estimate for the work is $215,000.00. Five (5) bids were received on Thursday, May 3, 2001. The following one (1) bid was determined to be non-responsive because necessary bid documents were not properly completed: 1. Total-Western, Inc. Total Bid in the amount of $166,374.00 14503 Garfield Avenue Paramount, CA 90723 (Out of Town) Four (4) acceptable bids were received as listed below: 2. West Valley Construction Company, Inc. Total Bid in the amount of $190,655.00 P.O. Box 5639 San Jose, CA 95150 (Out of Town) 3. HPS Mechanical, Inc. Total Bids in the amount of $202,655.00 401 34th Street Bakersfield, CA 93301 (City) 4. Barnett-Van Dyne Construction, Inc. Total Bids in the amount of $209,538.00 P.O. Box 4270 Lancaster, CA 93539 (Out of Town) 5. Braun Construction Company Total Bids in the amount of $212,418.00 3008 Sillect Avenue, Suite 108 Bakersfield, CA 93308 (City) jcu June 1, 2001, 9:23am S:\PROJECTS\Jcu~2000-2001\Water Systems\Chester #3~AdminReport_Chester3,wpd MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.v. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 31, 2001 APPROVED DEPARTMENTHEAD CITY ATTORNEY ~ / CITY MANAGER SUBJECT: Accept bid to award annual contract to Sturgeon & Son, Incorporated, not to exceed $216,000.00 for earthmoving and hauling. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This type contract has been used for over ten (10) years by various departments when earthwork requires heavy duty scrapers, loaders, and dump trucks, with operators. Invitations to bid were sent to fourteen (14) vendors, bid packages were given to nine (9) vendors, and the project was advertised in The Bakersfield Californian. One (1) bid, from the current contractor, was received. The prices bid by Sturgeon & Son, Incorporated, reflect a two percent (2%) increase over current contract prices. P:~ADMINt2001ADMIN\C01_0613D.wpd GJK:DW:Ijm May 31, 2001, 10:31am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar TEM: 8.w. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 30, 2001 APPROVED DEPARTMENT HEAD CITY ATTORN YL~ ~-~ CITY MANAGER SUBJECT: Accept bid to award annual contract to L. N. Cudis & Sons for protective jackets and trousers for structural fire fighting, not to exceed $25,000.00. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: These garments, sometimes called turnout coats and pants, are used by firefighters for protection while doing their job. Replacement is required because of damage during fire fighting and normal aging and breakdown of the garments. Additional and replacement quantities needed during the contract period are not yet known. Invitations to bid were sent to three (3) manufacturers' suppliers. Two (2) bids were received, however, one (1) had seven (7) exceptions to the minimum specifications and is considered unacceptable. Staff recommends the award be made to: L. N. Curtis & sons 1800 Peralta Street Oakland, CA 94607 P:~,DMIN~2001ADMIN\C01_0613A.wpd GJK:DW:Ijm May 30, 2001, 10:23am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD CITY MANAGER Accept base and additive alternates 1 and 2 bid to award contract to Leo Tidwell Excavating Corp. ($536,297.50) for traffic signal interconnect at various locations in the City of Bakersfield. (Wards 1,2,4,5,6,&7) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project includes installation of traffic signal interconnect at various locations in the City of Bakersfield and street lighting conduit on Baker Street. The base bid includes 34th Street from Chester Avenue to Union Avenue, Baker Street from Truxtun Avenue to Niles Street, Brundage Lane from A Street to P Street, Various Locations Downtown, and White Lane from Gosford Road to Old River Road. Additive Alternate 1 includes Wilson Road from Edgemont Drive to Hughes Lane. Additive Alternate 2 includes street lighting conduit on Baker Street from Truxtun Avenue to Niles Street. The base bid and Additive Alternate 1 are part of the City Master Signal Communication Plan. Federal funds will cover 88.53% of these costs, with the remainder coming from the Gas Tax Fund. Additive Alternate 2 is a non-Federal aid item and will be funded by the Gas Tax Fund. This project is included within the ClP budget. Three acceptable bids were received on May 30, 2001 as follows: Leo Tidwell Excavating 275 Marquita Avenue Paso Robles, CA. 93446 (Out of Town) Braun Construction Company, Inc. 3008 Sillect Avenue, Suite 108 Bakersfield, CA. 93308 (City) P & G Communications 1220 N. Century Visalia, CA. 93279 (Out of Town) $350,630.00 $1851667.50 $536,297.50 $533,145.56 $322,671.00 $855,816.56 $578,632.65 $365,466.O0 $944,098.65 Base bid Additive Alternates 1+2 Total Base bid Additive Alternates 1+2 Total Base bid Additive Alternates 1+2 Total May 31 2001, 11:36am NickFidler@3944 G:/GROU PDA 15ADMINRPT~2001~Jun 13/traf$iginterconnect ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8 o y. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD __~./~ DATE: May 31,2001 CITY ATTORNEY ~'~'~ CITY MANAGER ~ SUBJECT: Accept bid to award annual contract to Pavement Recycling Systems, Incorporated, not to exceed $100,000.00, for cold planing for the Streets division. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used primarily by the Streets division to prepare neighborhood streets for paving. The unit prices for three (3) bidders were compared to determine the Iow bidder, Pavement Recycling Systems, Incorporated. P:~ADMIN~2001ADMIN\C01_0613C~wpd GJK:DW:Ijm May 31,2001, 10:13am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar TEM: 8. z. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 31, 2001 APPROVED DEPARTMENT HEAD .~./~ CITY ATT ORNEY~__~ CITY MANAGER /~ SUBJECT: Accept bids to award annual contracts to Target Specialty Products, not to exceed $139,541.43 and Wilbur-Ellis Company, not to exceed $94,167.71 for chemical insecticides and herbicides for the Parks and Water departments. Total $233,709.14. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: These contracts will be used by the Parks and Water departments for control of insects and weeds on City property. City department personnel estimate the quantities and types of chemicals that may be required for the upcoming year. Actual quantities are not known until the need arises. Four (4) bids were received. Unit prices were compared to determine the Iow bidders, and the City can best be served by awarding two (2) contracts, with nineteen (19) items awarded to Target Specialty Products and fifteen (15) items awarded to Wilbur-Ellis Company. P:~ADMIN~001ADMINtC01_0613B.wpd GJK:DW:Ijm May 31, 2001, 8:51am ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. aa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director May 31, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Appropriate $53,441 prior year HOME entitlement and reprogram $1,190,764 existing HOME appropriations to the Capital Vision Equities, Senior Housing Project within the HOME fund. (Ward 1) RECOMMENDATION: Staff recommends approval of the appropriations and reprogramming of resources. BACKGROUND: At the City Council meeting of March 14, 2001, Council approved a Community Development Block Grant amendment. In compliance with Department of Housing and Urban Development (HUD) regulations, this amendment authorized the use of certain HOME funds for the Capital Vision Equities, Senior Housing component of the City Center project. A portion of the funds earmarked for the Senior Housing project ($53,441) were accumulated in previous years as a result of HOME program administration savings. The $1,190,764 are existing HOME appropriations earmarked for the project. These transactions necessitate Council approval for appropriations from prior year HOME entitlement savings and budget transfer to the Economic & Community Development Operating budget. May 30, 2001, 1:23pm S:~AdminsXAppropriations061301.wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager May 31, 2001 APPROVED DEPARTMENT HEAD ~¢. CITY ATTORNEY ~:~, ~~'~ CITY MANAGER ~ Appropriate $190,000 Miscellaneous Water Sales to the Water Resources Operating Budget within the Agriculture Water Fund for additional electrical power costs (Ward 4) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The amount for electrical power costs varies annually within the Ag Water 2800 Acres banking program depending on the availability of Kern River water supply, state water supply and current groundwater levels. Historically, we budget funding in the range of $220,000 to pay power costs to run an extraction program from the City's 2800 Acres; however, in the current year we did not include funding for an extraction program. As a result of the state water supply being 30% of normal last winter and due to the current dry year on the Kern River, it has become necessary to re-activate our 2800 Acres program which involves the running of eight wells to recover water previously banked and stored. Under existing agreements between the City, Kern County Water Agency and the County of Kern, we will receive reimbursement for power costs and the City will sell its miscellaneous water recovered at current market price. This program will result in no costs to the City. MR sr S 12001ADMINRPTS/JN13WT4 CC June 1, 2001, 9:01AM ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 IAGENDA SECTION: Consent Calendar ITEM: g. cc.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD~__~'~ May 30, 2001 CITY ATTORNE~ CITY MANAGER Accept $15,900 of contributions from several local businesses for anti-graffiti educational and promotional activities. RECOMMENDATION: Staff recommends acceptance of contributions. BACKGROUND: Several local businesses have made donations to the Anti-Graffiti Program totaling $15,900 for the purpose of conducting and expanding anti-graffiti educational and promotional activities. These businesses are supportive of the Program's preventive efforts. The donated funds are to defray the cost incurred by activities such as the poster and essay contest, production of anti-graffiti calendars, production of billboards, etc. These funds are included within General Services' operating budget. Monetary donations were received from the following: The Aaron Companies Acme Advertising Specialties Akri Corporation B & B Surplus Bakersfield Association of Realtors Bank of Stockdale Castle & Cooke Central California Association of Public Employees CTA Sierra Service Center Council El Paso Merchant Energy Family Motors Frito-Lay Granite Construction Company Griffith Company Guarantee Shoe Center Hall Ambulance Kern Trophies Key Properties Occidental of Elk Hills Pacific Bell Pacific Gas & Electric Quality Meat Raymond's Trophy & Awards Roto-Rooter Plumbers South Kern Machinery Stinson Stationers Target Union Cemetery Association Valley Plaza Vons PE: uts O:\GROUPDAT~ADMIN RPT~2001 ~lun 13~anti-graffitidona[ions May 3~. 2001.3:55pm ADMINISTRATIVE REPORT I MEETING DATE: June 13, 2001 I AGENDA SECTION: Consent Calendar I I ITEM: 8.dd. TO: Honorable Mayor and City Council APP,R~VED FROM: Eric Matlock, Chief of Police DEPARTMENT HEAD DATE: June 4, 2001 CITY ATTORNEY ~/'~" CITY MANAGER SUBJECT: Referral of taxi-cab revisions to Legislative & Litigation Committee RECOMMENDATION: Staff recommends referral of the matter to the Legislation & Litigation Committee. BACKGROUND: The Bakersfield Police Department desires to make several minor changes to the existing taxi-cab ordinance. At this point, the proposed changes deal with Sections 5.50.020 (Permits), 5.50.090 (Vehicle Identification), 5.50.110 (Numbers), 5.50.130 (Inspection), and 5.50.140 (Taximeters). VG:alj P:\RPT~admin TaxiCab 6-5-01.wpd June 5, 2001 JN13PD.NB ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9ca. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD '~'~ May 30, 2001 CITY ATTORNEY~ CITY MANAGER /'~ Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1241 regarding the park landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1241 on May 16, 2001, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2001-2002 park landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 13, 2001. Park landscaping assessment rates were not increased for the 2001-2002 fiscal year. Approximately 13,300 notices were sent out with park landscaping assessments. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2001-2002 Consolidated Maintenance District park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1241 is on file in the City Clerk's office. Lvd May 30, 2001,9:04AM G:\GROUPDAT~ADMIN RPT\2001\Jun 13\CM D01PHrgPk,wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD~- CITY MANAGER ~-~ Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1242 regarding the street landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1242 on May 16, 2001, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2001-2002 street landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 13, 2001. Street landscaping assessment rates were not increased for the 2001-2002 fiscal year. Approximately 23,100 notices were sent out with street landscaping assessments. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the street landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2001-2002 Consolidated Maintenance District street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1242 is on file in the City Clerk's office. Lvd May 30, 2001, 8:55AM G:\GROU PDAT~ADMINRPT\2001\Jun 13\CM D01PH rgSt.wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD ~ May 30, 2001 CITY ATTORNE~"~ CITY MANAGER ~ Traffic Signal Maintenance Districts. 1. Protest hearing as required by Resolution of' Intention No. 1243 regarding the assessments for four Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's report for four Traffic Signal Maintenance Districts and the 2001-2002 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1243 on May 16, 2001, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2001-2002 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 13, 2001. Traffic signal assessment rates were not increased for the 2001-2002 fiscal year. Thirty one notices were sent out. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2001-2002 Traffic Signal Maintenance District assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1243 is on file in the City Clerk's office. Lvd May 30, 2001, 11:46AM G:\GROU PDAT~ADMIN RPT\2001\TS01PHrg wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Counci~ Jacques R. LaRochelle, Interim Public Works Director May 25, 2001 APPROVED DEPARTMENT HEAD ~f~,'~-"~ CITY A'l-r O RN E~'/~'~ CITY MANAGER ~¢:¢~"~, Proposed Assessment District No. 01-1 (Ming Avenue at Allen/Mountain Vista Drive/Hampton Place): 1. Protest Hearing for proposed Assessment District No. 01-1. 2. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements, and Authorizing and Directing Relating Actions. 3. Resolution Determining Assessments Remaining Unpaid. 4. Resolution Authorizing Issuance of Bonds. 5. Resolution Approving Form and Substance of Preliminary Official Statement and Bond Purchase Contract, Authorizing Modifications Thereto, Authorizing Execution Thereof, and Authorizing Related Documents and Actions. (Ward 4) RECOMMENDATION: Staff recommends overriding protests and adopting Resolutions. BACKGROUND: On April 25, 2001, Council approved the Preliminary Engineer's Report and scheduled the hearing for June 13, 2001. Following the close of the hearing, adoption of these resolutions will approve the Final Engineer's report, levy the assessments, order the public improvements, and provide for the cash payment period for property owners wishing to pay all or any part of their respective assessments in cash, without interest. Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners (Coleman Homes and Hampton Place) of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, Coleman Homes and Hampton Place has waived their entitlement to pay any part of any of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. J.A.Stinson@3592 -- May 30, 2001, 9:12am G:\GROUPDAT~ADMINRPT~2001~Jun13~ad01-1hrg.wpd ADMINISTRATIVE REPORT Page 2 Assuming Council wishes to proceed with authorization, issuance, and sale of the limited obligation improvement bonds corresponding to the unpaid assessments, Council must adopt the four resolutions presented. Assuming Council adoption of the four resolutions, the next step will be the pre-marketing and pricing of bond sale by Sutro and Company Inc., to be concluded on July 17, 2001 by execution of the Bond Pumhase Contract, which will establish the maturity schedule, interest rates, and purchase price for the bond issue. Actual delivery of the bonds is scheduled for July 17, 2001 at which point funds will be available to pay for the authorized public improvements as they are completed. The Final Engineer's Report is on file in the City Clerk's Office. J.A. Stinson@3592 -- May 30, 2001, 9:12am G:\GROUPDA'r~ADMINRPT~200 l',Ju n 13~ad01- lhrg.wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9.e. TO: Honorable Mayor and City Council Members APPROVED FROM: Jacques LaRochelle, Interim Public Works Director DEPARTMENT HEAD .~Y - DATE: May 18,2001 CITY ATTORNE~'/ ~- CITY MANAGER SUBJECT: Public hearing to consider commercial refuse rate increase for fiscal year 2001/02 (3.23% proposed rate increase). (All Wards) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: State law requires new fees and charges as well as increases in existing fees and charges be adopted by ordinance or resolution foltowing a public hearing. Pursuant to Chapter 8.32 of the Bakersfield Municipal Code, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably incurred from fees and charges levied. This public hearing provides the mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. Solid Waste (Refuse) rates for Commercial Service, reflect a 3.23% increase in rates for the vanous services. This increase covers cost-of-living adjustments inclUded in contracts with haulers, maintenance costs, and costs for street sweeping and commercial wood waste recycling. The proposed fees would become effective July 1, 2001. ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9. f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members APPROVED Jacques LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD(~' ~ ~-t~' May 18, 2001 CITY ATTORNEY~ "'-/~ CITY MANAGER~ Public hearing to consider residential refuse rate increases for fiscal year 2001/02 (3.23% proposed rate increase). (All Wards) RECOMMENDATION: Staff recommends opening the public hearing, receiving testimony and continuing the hearing until June 27, 2001. BACKGROUND: State law requires new fees and charges as well as increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. A notice of the proposed rate increase and the public hearing was mailed to each of the 63,000 residential property owners in the City. As of May 31, 2001, the City Clerk had received 44 written letters protesting the refuse fee and 2 written letters supporting the refuse fee. Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be increased from $139.50 per unit to $144.00 per unit per year (an increase of 3.23%). The multi-family rate is proposed to be increased from $126.24 per unit per year to $130.32 per unit per year. The increase covers inflation and operating cost increases in contracts with our haulers, maintenance costs, and costs for greenwaste carts and recycling equipment to meet the state recycling mandates. According to Proposition 218, if written protests against the proposed fee are presented by a majority of the identified parcels, the City shall not charge the annual proposed fee. If written protests against the proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the proposed fee. The proposed fees would become effective July 1, 2001. An advertisement was sent to the Bakersfield Californian on June 1, 2001 for publication of a required ten day notice of this June 13 hearing. However, due to a publication error, the notice was not published ten days before the hearing. Therefore, staff is recommending the hearing be opened June 13, 2001 as scheduled in notices mailed to property owners, and that the hearing be continued to the June 27, 2001, for additional testimony and adoption of the Resolution. G IGROUPDAT~adminrpt~2001 I Jun13\RATES01 re$idenhal wpd ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Hearings ITEM: 9.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager June 5, 2001 APPROVED DEPARTMENTHEAD /~ ClTY ATTORNEY ~ CITY MANAGER ~ Public Hearing for the FY 2001-02 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: Each year a public hearing is required prior to adoption of the budget to hear public comment. The FY 2001-02 budget is proposed at $273,802,726 which includes a $227,-!.-!.,!. ,542 operating budget, a $18,370,755 Bakersfield Redevelopment Agency budget and a $27,987,429 capital improvement budget. Final adoption of the budget is scheduled for June 27, 2001. Prior to this public hearing, individual department budget presentations were made to the Council on May 16, 2001, May 21, 2001, May 30, 2001, June 4, 2001 and June 13, 2001. Responses to Council budget questions resulting from the budget presentations were forwarded to each Council member with the general information package on May 25, 2001 and June 8, 2001. DWH:jp S:'~)amell~Admins~JN00budgetpublicheadng June 5, 2001, 8:39am ADMINISTRATIVE MEETING DATE: June 13, 2001 REPORT AGENDA SECTION: Reports ITEM: !0.ao TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Alan Christensen, Assistant City Manager June 4, 2001 Report on City Center Project APPROVED DEPARTMENT HEAD /'~ CITY ATi'ORNEY /C~~' CITYMANAGER RECOMMENDATION: BACKGROUND: City Manager Alan Tandy will give an update on the progress of the City Center Project. ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Reports ITEM: !0.b. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager June 7, 2001 APPROVED DEPARTMENT HEAD ~ ClTY A'FrORNEY CITY MANAGER SUBJECT: Budget and Finance Commi~ee Majority and Minority Reports regarding City policy and criteria used in evaluating requests for funds from non-profit groups. 1) Budget and Finance Committee Majority Report No. 3-01 2) Budget and Finance Committee Minority Report No. 4-01 RECOMMENDATION: The Committee recommends acceptance of the reports. BACKGROUND: The City annually receives a variety of requests for City funds from non-profit groups. Most are requesting use of Community Development Block Grant Funds but there are some which request General Funds as well. In order to fairly evaluate these requests the City Council has had a policy that these requests meet a certain criteria. Based on the increasing number of requests for financial assistance that the City continues to receive, the limited availability of funds and the financial demands of normal city operations and needs including police and fire protection, public works infrastructure needs such as roads and other city services, the Committee recommended this issue be discussed by the full Council to re-examine the policy and criteria used to evaluate requests for funds from non-profit groups. Majority Report The Majority Report recommends: 1) Contribution from the City of Bakersfield to the Bakersfield Museum of Art from Council contingency to underwrite a portion of the cost for the "Russell and Remington: Storytellers of the West" exhibit at the Bakersfield Museum of Art - September 9 to November 25, 2001. June 7. 2001, 9:56am S:~Admin Rpts~000',Nonprofitpolicy Minority-Majority Rpt 6132001 .wpd D',Xq-l:jp ADMINISTRATIVE REPORT Page 2 2) All other requests for funds from non-profit groups be included as part of the June 13, 2001, Council discussion regarding City policy and criteria used in evaluating requests for funds from non-profit groups. Minority Repo~ The Minority report recommends: 1) All requests for funds from non-profit groups be included as part of the June 13, 2001, Council discussion regarding City policy and criteria used in evaluating requests for funds from non- profit groups. Staff Comments ! Recommendations: The City Council policy of, for the most part, not funding operating costs of public service agencies has served the City well over the years. There are dozens, perhaps hundreds of agencies that serve the poor, sick, disabled, and disadvantaged, all of which have great merit and all of which need more money. A broad scale opening of the policy would overwhelm the City. There is no way that we can afford to help even a small percentage of the agencies that have merit. Policy Adiustment Most of the strong Council interest in funding operating costs of non-profits has revolved around the Bakersfield Senior Center, Symphony and Bakersfield Art Museum. In each of these cases, there has been a multi-year relationship with the entities involved. In fact, all three have leased City property for years. Two have been gifted the property they formerly leased. It is therefore recommended that the historic policy be kept in place with the exception of these three entities, whose Ionq-term relationship and involved financial history with the City make them unique. Specific Application Requests Bakersfield Music Theater - Request for $50,000. Their continued existence appears to be threatened. This is for debt service retirement on capitat costs, and therefore fits within the Council policy. The appropriate source, if Council wishes to fund it, would be Council Contingency. The activity does fit the concepts of the Downtown Charrette and Vision 2020. Kern County Museum - The original request was for $100,000 in operating funds. That has been amended to use the funds for ADA issues. Staff would recommend helping them out by prioritizing two existing City projects to "go there next" rather than assisting them with operating costs or the ADA. Staff recommends working out a two-year CDBG program for median enhancements and on-going street lighting program. June 7, 2001, 9:56am S:~Admin Rpts~000~lonprofitpolicy Minority-Majority Rpt 6132001.wpd ADMINISTRATIVE REPORT Page 3 Bakersfield Colleae - The College wants an unspecified amount to contribute toward a new competitive pool and rehabilitation of their old pool. While this has merit, the College has its own tax base. The Recreation and Parks Director feels any City resource investments in aquatics would best be applied elsewhere. The staff recommends exploring discussions on joint use opportunities with no capital contribution. June 7. 2001.9:56am S:~Admin Rpts~2000',Nonprof'~oolicy Minority-Majority Rpt 6132001 .wpd D'~/H:jp ADMINISTRATIVE REPORT MEETING DATE: June 13, 2001 AGENDA SECTION: Deferred Business ITEM: ].]..a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Donna L. Kunz, Economic Development Director June 1, 2001 APPROVED DEPARTMENT HEAD(~ CITY ATTORNEY CITY MANAGER ~ An Ordinance Amending Section 12.44.031 of Chapter 12.44 of the Bakersfield Municipal Code Relating to Business Use of Sidewalks. (l't reading 5/30/01 ) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: Section 12.44.031(I) authorizes the City Manager to annually review the number of special permits issued for downtown promotions to determine whether the maximum number of permits granted annually shall be increased or decreased. The Downtown Business and Property Owners' Association (formerly known as the "Downtown Business Association") and local produce marketers would like to hold weekly "Farmer's Markets" in the downtown area. The current ordinance limits the boundaries of open air markets to Wall Street Alley. The Downtown Business and Property Owners' Association and local produce marketers desire to expand the location of open-air markets to include the sidewalk area located on the west side of Chester Avenue between Wall Street and 18th Street. Affected merchants on Chester Avenue have consented to such use of the sidewalks fronting their businesses. The ordinance also restricts the number of open air markets to 13 per year. The amended ordinance would allow up to 52 open air markets per year In addition, several sections of Section 12.44.031 contain typographical errors which will be corrected with this modification. S:~Adrnins\openaira 2.wpd ADMINISTRATIVE REPORT MEETING DATE: dune 13, 2001 AGENDA SECTION: DeCerred Business ITEM: 11.b. TO: Honorable Mayor and City Council APPROVED FROM Development Services - Planning DATE: May 16, 2001 SUBJECT: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER An ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 (Zoning Ordinance) of the Bakersfield Municipal Code (BMC) related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. The City Council considered first reading of this item on May 30, 2001. The proposed ordinance amendments were referred to the Urban Development Committee on February 28, 2001. On May 14, 2001, the committee met to discuss the proposed ordinance change. The committee expressed concern that the amendment, while providing a streamlining option to the P.U.D. and P.C.D. process, it did not provide an opportunity for Council involvement except on appeal. The committee directed staff to add language to the proposed ordinance to provide for review by the City Council. That language is as follows: When the P.U.D. or P.C.D. zone is used as a combining zone, all approvals and recommendations by the Planning Commission shall be presented to the City Council for final action following public hearing by the Planning Commission. Matters so presented to the City Council for final action shall not require a noticed public hearing before the City Council except as set forth in (this will reference related section below). If the Council decides to disapprove the recommendation, add to or change any of the conditions recommended by the Planning Commission, the City Council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in Section 17.64.050, may be published, posted and mailed. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in (this will reference related section in existing ordinance). May 31,2001, 2:25pm ADMINISTRATIVE REPORT Page 2 With the proposed change, the committee suppoded the ordinance and recommended that it be brought back to the Council for action. Additional material from the Planning Commission hearing is contained in the Background section of this report. BACKGROUND: On February 1, 2001, the Planning Commission recommended approval of this ordinance. This ordinance provides that the existing P.U.D. and P.C.D. ordinances be amended to allow their use as either exclusive zones or as combining zones. This would allow property to be zoned C-2/P.C.D. for example, which would give the applicant the entitlements to construct uses allowed under the C-2 zone (General Commercial) and would allow the Planning Commission to review and approve plans for the site once the applicant has firmed up development plans and client prospects. The advantages of using the P.U.D./P.C.D. zones as combining zones are as follows: Community Advantages: A. Commission would have design control on unique or sensitive areas. B. Increased neighborhood input on proposed design. C. Commission/Council assurance of design review in controversial rezoning applications. Developer Advantaqes: A. Applicant receives zoning entitlements prior to investment into project design. B. Project design investment placed nearer to project fruition. Fewer design amendments (processing/timing delays) necessary due to project evolution over time. D. Applicants can assure neighborhoods of future design input opportunity. Existing ordinance provisions: Currently the City's P.U.D. and P.C.D. zones are exclusive zone districts. Property to be zoned P.U.D. or P.C.D. requires the applicant to have specific design criteria at hand and the information is presented to the Planninq Commission and City Council for approval. The plans themselves become part of the zone. Manipulation of the approved plans after the P.U.D./P.C.D. exclusive zone is approved may take place under Ptanninq Director or P]anninq Commission review, dependinq on the extent of proposed changes. The uses allowed under exclusive P.U.D./P.C.D. zoning are listed within the P.U.D. and P.C.D. sections of the zoning code. P.U.D. zoning allows single and multiple family residential uses (R-l, R-2, R-3 and R-4 uses) in densities governed by the general plan designation within which the P.U.D. zone is assigned. The approved P.U.D. plans lock in the number of units. P.C.D. zoning allows commercial office through general commercial uses (C-0, C-1 and C-2 uses). In both the P.U.D. and P.C.D. zones, the Planning Commission and City Council approve building elevations, site plans and landscape plans. May 31,2001, 2:25pm ADMINISTRATIVE REPORT Page 3 Proposed Changes: Under the proposal to use a P.U.D. or P.C.D. zone as a combining zone, the applicant could request an R-l, R-2, R-3 or R-4 residential zone district or a C-0, C-1 or C-2 commercial zone district with a P.U.D. or P.C.D. combining zone. Assignment of the P.U.D. or P.C.D. as a combining zone would allow the applicant to brinq desiqn plans back to the Planninq Commission once they were able to more accurately depict proposed development. The Council could also approve a specific zone classification with a P.U.D./P.C.D. combining zone when the Council deems it necessary to regulate design. It would not be the intent to assign the P.U.D./P.C.D. combining zone in all residential and commercial zone change cases. The P.U.D./P.C.D. combining zone should be reserved for sites with sensitive or unique circumstances, orwhen public input indicates it would be beneficial. Existing city ordinances which regulate setbacks, building height, landscaping, walls, overlook and various other land use relationships and provisions for access are adequate in most cases. The City once had a D (Design) overlay zone (formerly BMC Chapter 17.40) which was applied to most multiple family residential and commercial zone districts. This required review of development design by the Commission. The desiqn review became cumbersome to developers due to its subiectivity and was removed by the City Council and replaced with the current site plan review process in 1982. The site plan review process and existing city ordinances were introduced and amended at that time to address the issues commonly brought up in the design review hearings and codify them as standards with which staff now reviews projects. Notice of this proposed ordinance was provided to the local Building Industry Association, American Institute of Architects, Bakersfield Association of Realtors, and the City's list of engineers and architects. No one spoke in opposition to the proposed ordinance amendments at the Planning Commission hearing. Attached Exhibit "A" is the proposed ordinance. Exhibit "B" is a line out/italics version depicting specific wording changes. ENVIRONMENTAL REVIEW AND DETERMINATION: This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15061 of the State CEQA Guidelines. It can be seen with certainty that the proposed ordinance amendment will not effect the environment and the general rule under CEQA would apply. A Notice of Exemption has been prepared. JM (admin\jun\613-pcd) May 31, 2001, 2:25pm