HomeMy WebLinkAbout08/08/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF AUGUST 8, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
(30 min)
PRE-MEETING
1. ROLLCALL
WORKSHOP
a. Update regarding the Bakersfield Municipal Airport Restaurant. (Raul M. Rojas,
Public Works Director)
3. CLOSED SESSION
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, Alan Tandy, pursuant to Government Code
Section 54957.6. Employee organizations: Management, General Supervisory and
Police Supervisory.
Conference with Real Property Negotiator pursuant to Government Code Section
54956.8 regarding 2144 Parker Lane. Negotiating Parties: Finance Director Gregory
Klimko, Real Property Manager Don Anderson, Hal Blackburn and Bruce Haupt (BH
Investments); Under Negotiation: Price and terms of payment for purchase.
Conference with Legal Counsel - Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code Section
54956.9. One potential case.
REGULAR MEETING
1. INVOCATION by Pastor Curtis Richardson, Open Door Church of God in Christ
2. PLEDGE OF ALLEGIANCE by Darric Carney, Norris School
3. ROLLCALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
6. PUBLIC STATEMENTS
7. APPOINTMENTS
8. CONSENT CALENDAR
(Ward 4)
(Ward 7)
(Ward4)
(Ward 1)
Minutes:
July 18, 2001 Council Meeting and July 23, 2001 Special Joint Council/Board of
Supervisors Meeting.
Payments:
Payments from July 6, to July 26, 2001 in the amount of $7,586,646.91; and Self
Insurance payments from July 6, to July 26, 2001 in the amount of $246,933.59.
Resolutions:
Resolution of Intention No. 1248 to add territory, Area 1-23 (Mohawk, Krebs SW)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Application proposing proceedings for annexation of uninhabited
territory to the City of Bakersfield, property identified as Annexation No. 429, located
along the north side of Ming Avenue, west of Anita Lane.
Resolution adding territory, Area 3-13 (Gosford, Pacheco SW), to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution determining that certain new or used vehicles for public safety
undercover work cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding therefore,
not to exceed $281,800.
g. Changes to Salary Schedule and New and Revised Job Specifications:
Amendment No. 15 to Resolution No. 108-99 Setting Salaries and Related
Benefits for Officers and Employees of the General Supervisory, Police
Supervisory and Management Units and Adopting Salary Schedule and
Related Benefits for Chief Code Enforcement Officer, Code Enforcement
Officer III and Permit & Plan Check Manager.
2. Revised Job Specifications: Chief Code Enforcement Officer.
New Job Specifications: Code Enforcement Officer III and Permit & Plan
Check Manager.
Agreements:
h. Tract Maps/improvement Agreements:
Improvement Agreement with St. John Missionary Baptist Church, for Parcel
Map 10715, located on the south side of East Brundage Lane at Hayes
Street.
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(Ward 4)
CONSENT CALENDAR continued
(Wards 1 & 2) j.
(Ward 1 )
(Ward 4) n.
Agreement to Indemnify LAFCO for City Annexation No. 417, Proceeding 1301
uninhabited territory located generally along the north side of Rosedale Highway,
on both sides of Henry Lane.
Agreement with the Bakersfield City School District, in an amount not to exceed
$62,750 to conduct After School Programs during the 2001-2002 school year.
(Ward 4)
(Ward 1 )
(Ward 4)
Agreement with Metropolitan Recycling Corporation (MRC) for joint operation of a
material recycling facility for construction and demolition materials, in an amount
not to exceed $184,000.
Agreement with Donald Collins for assignment of Municipal Farm Lease No. 95-310
with Gary Garone Farms for operation of Wastewater Plant 2 Farm.
(Ward 1 )
Amendment No. 1 to Agreement 98-214 with Buck Consultants for health care
consulting services.
Amendment No. 1 to Improvement Agreement 01-048 with Castle & Cooke to
reflect the change in responsibilities with respect to the construction of
improvements to Old River Road.
o. Amendment No. 3 to Agreement No. 98-16 with SMG for Management Services.
Assignment of Agreement No. 99-81 to C.H.P. Enterprises to sell surplus personal
property.
Bids:
Miscellaneous:
q. Dedication of Property:
Grant Deed from Kyle Carter Homes, Inc. for a Drainage Basin located at
the northwest corner of Calloway Drive and Olive Drive.
Approve $10,000 Grant Application to the "California Aid to Airports Program" to be
used for Operational and Maintenance Costs for the Bakersfield Municipal Airport.
Granting Easement to Pacific Gas & Electric to provide power to the Alejandro
Canal Intake located approximately 3000 feet north of Panama Lane, east of Enos
Lane.
Sale of City Surplus Properly located at 720 Lakeview Avenue. (Refer to Budget &
Finance Committee)
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CONSENT CALENDAR continued
u. Four Wheel Drive Loader:
1. Transfer $180,000 Refuse Fund Balance to the Equipment Management
Fund operating budget to purchase a loader.
2. Extend bid from Quinn Company $179,244.79 for one (1) additional Four-
Wheel Drive Loader for Solid Waste.
Staff recommends adoption of Consent Calendar Items a. through u.
9. HEARINGS
(Ward 2) a.
(Wards 1,2,3,5,6,7) b.
Resolution confirming the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which dangerous
buildings have been demolished.
Staff recommends adoption of the resolution.
Resolution confirming the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures
have been secured against entry or for the abatement of certain weeds, debris and
waste matter.
Staff recommends adoption of the resolution.
Public hearing to determine whether the public interest and necessity require
acquisition by eminent domain of property interests located south of Rosedale
Highway, north of the Cross Valley Canal, east of Fruitvale Avenue and west of
Gibson Street, for the Mohawk sewer line extension project. (Code of Civil
Procedure Section 1245.230, et seq.) (Unincorporated area of Kern County, east
of Ward 4)
Staff recommends adoption of the resolution of necessity.
Public hearing to determine whether the public interest and necessity require
acquisition by eminent domain of property interests located south of Rosedale
Highway, north of the Cross Valley Canal and east of the Kern Friant Canal,
(Equilon Refinery property), for the Mohawk sewer line extension project. (Code of
Civil Procedure Section 1245.230, et seq.) (Unincorporated area of Kern County,
east of Ward 4)
Staff recommends adoption of the resolution of necessity.
10. REPORTS
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11.
(Ward 4)
DEFERRED BUSINESS
Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding
Annexation No. 415, located along the west side of Jewetta Avenue to Old Farm
Road, south of Hageman Road. (First Reading 07-18-01)
Staff recomments adoption of the ordinance.
Ordinance amending portions of Chapter 5.50 of the Bakersfield Municipal Code
relating to taxicabs. (First Reading 07-18-01)
Legislative and Litigation Committee recommends adoption of the ordinance.
Ordinance amending Chapter 12.56.240 of the Bakersfield Municipal Code relating
to sales and fees regulations in parks. (First Reading 07-18-01)
Legislative and Litigation Committee recommends adoption of the ordinance.
12. NEW BUSINESS
(Ward 5)
Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning
Map No. 102-34 by changing the zoning from a Planned Commercial Development
(PCD) zone to a revised Planned Commercial Development (PCD) zone on 16.75
acres located on the north side of Stockdale Highway, east of California Avenue.
(P01-0377)
Staff recommends first reading of the ordinance.
Ordinance adding Chapter 8.58 of the Bakersfield Municipal Code relating to
tobacco use prevention and self-service displays.
Legislative and Litigation Committee recommends first reading of the ordinance.
Ordinances imposing restrictions on skateboard use on sidewalks within selected
areas of the City:
Ordinance amending Chapter 10.08.020 of the Bakersfield Municipal Code
relating to vehicles and traffic.
Ordinance amending Chapter 10.52.010 of the Bakersfield Municipal Code
relating to bicycles and similar vehicles.
Legislative and Litigation Committee recommends first reading of these ordinances.
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13. COUNCIL & MAYOR STATEMENTS
14. ADJOURNMENT
Alan Tandy
City Manager
S:\CounciI~AGENDA~AUGS01 .wpd
August 2, 2001 (2:06pm)
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BAKERSFIELD
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYO~ At,ND CITY COUNCIL
JOHN W. STINSON~, AS'SISTANT CITY MANAGER
ALAN TANDY. CITY MANAGER
AGENDA HIGHLIGHTS - AUGUST 8, 2001, COUNCIL MEETING
AUGUST 3, 2001
PRE-MEETING
There is one workshop regarding the Bakersfield Municipal Airport Restaurant by Public Works Director
Raul M. Rojas.
There are four closed session items: 1) Conference with legal counsel regarding existing litigation; 2)
Conference with Labor Negotiator; 3) Conference with Real Property Negotiator regarding 2144 Parker
Lane; and 4) Conference with legal counsel regarding potential litigation.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
item 8c. Resolution of Intention addinq territory (Mohawk, Krebs SW) to the Consolidated Maintenance
District and preliminarily adobtinq, confirming and approving Public Works Director's Report. A written
request was received from the owner to be included into the Consolidated Maintenance District. Inclusion
in the Consolidated Maintenance District will provide for the maintenance of median and street
landscaping. The City 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.
item 8d. Resolution of Application proposinq proceedings for annexation of uninhabited territory, located
alonq the north side of Ming Avenue, west of Anita Lane. The proposed annexation consists of
approximately 3.87 acres of inhabited land. A property owner approached the City and his neighbors to
annex to the City. The property is developed with eight singly family homes, and the owner is anticipating
submittal for an office business for his home once the annexation is complete.
item 8e. Resolution of Intention to add territory (Gosford, Pacheco SW) to the Consolidated Maintenance
District, confirming the assessment and approvinq Public Works Director's report and authorizinq
collection of assessments by the Kern County Tax Collector. A written request was 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 received
HONORABLE MAYOR AND CITY COUNCIL
August 3, 2001
Page -2-
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.
Item 8f. Resolution determininq that certain new or used vehicles for public safety undercover work cannot
be reasonably obtained through the usual bidding procedures and authorizinq the Finance Director to
dispense with bidding therefor, not to exceed $281,800. in the 2001-02 budget, 14 new or used vehicles
were approved for the Police Department for undercover work. The exact type of vehicles purchased will
be dependent upon the service requirements. In dispensing with the normal bidding process, the City is
able to negotiate directly with the various vendors traditionally used in the purchase of these vehicles. This
allows for obtaining the best price available on the open market, as well as maintaining the confidentiality
necessary in purchasing vehicles for use in undercover work. The unique characteristics involved with the
purchase of used vehicles make it impractical to follow normal bidding procedures.
Item 89. Chanqes to Salary Schedule and new and revised Job Specification. The Development Services
Director has requested a reorganization of the Building Division. One Civil Engineer Ill will be converted
to a permit & Plan Check Manager, a Code Enforcement Officer l/Il will be converted to a Code
Enforcement Officer Iii, and the job specification for Chief Code Enforcement Officer has been updated
to more accurately reflect the scope of assignments. There is no budgetary impact as the increased salary
costs will be funded by salary savings. The new and revised job specifications were approved by the
Miscellaneous Civil Service Board at their July 17, 2001 meeting.
Aqreements:
Item 8i. Aqreement to Indemnify LAFCO for City Annexation No. 417, uninhabited territory located alonq
the north side of Rosedale Highway, on both sides of Henry Lane. The annexation area consists of
approximately 1.56 acres of uninhabited land. The Local Agency Formation Commission approved the
annexation on July 24, 2001, with a condition the City indemnify LAFCO prior to the issuance of Certificate
of Completion for the annexation. There were no protests at the LAFCO hearing.
Item 8i. Agreement with Bakersfield City School District, to conduct after-school proqrams during the
2001-02 school year, in the amount of $62,750. This agreement provides funding from the School District
which enables the City to conduct recreational classes and activities that complement existing school
services. The three schools included in the agreement are Sequoia, Casa Loma, and Stella Hills
elementary schools, with two sites yet to be selected. Approximately 375 children are served each day
by this program.
Item 8k. Aqreement with Metropolitan Recyclinq Corporation (MRC} for joint operation of a material
recycling facility for construction and demolition materials, not to exceed $184,000. In efforts to comply
with the State recycling mandate, the City has determined a need for a recycling program for construction
and demolition (C&D) waste. Analysis of the City's waste stream indicates strong potential for this type
of program to help the City reach the 50 percent recycling mandate. The City currently has a 42 percent
recycling rate and needs to recycle 32,000 more tons per year. Approximately 60,000 tons have been
identified as potentially containing C&D waste, which is mostly recyclable. A C&D recycling facility, as an
alternative to the landfill, can be mostly self-funded with facility gate fees in lieu of landfill fees paid by the
users. Under Agreement No.00-160, the City has leased property to MRC for the establishment of a C&D
recycling facility adjacent to the City's existing green waste recycling facility. In preparation of this project,
it was found that joint operation of the new facility by the City and MRC would eliminate duplication of
certain features, reduce gate fees, and reduce development and operating costs. The cost of the City's
HONORABLE MAYOR AND CITY COUNCIL
August 3, 2001
Page -3-
participation in this project for FY 2001-02 is $184,000 and is included in the budget. The agreement
provides for annual, independent review of MRC's business profitability in order for the City to determine
the need for and the level of its continued involvement.
Item 81. Aqreement with Donald Collins for assiqnment of Municipal Farm Lease No. 95-310 with Gary
Garone Farm for operation of Wastewater Plant 2 Farm. Gary Garone has elected to exercise his option
to assign the current lease to Donald Collins (dba Progressive Associate Group). This will allow the
transfer of responsibility for the daily operation of the City's municipal farm in conjunction with wastewater
disposal at Wastewater Plant 2, and includes the use of effluent from City wastewater operations for
growing crops. The City will continue to receive an annual lease payment based on crops produced and
the estimated annual commodity prices. The minimum annual payment to the City will continue to be not
less than $200,000 per year. The term of the lease will extend through midnight December 31, 2006 as
provided in the Garone lease agreement. The Water Board reviewed this item at its July 11,2001 meeting
and recommends approval to the City Council.
Item 8m. Amendment No. 1 to Aqreement No. 98-214 with Buck Consultants for health care consultinq
services. In September of 1998, the City Council approved an agreement with Buck Consultants to provide
health care consulting services. The proposed contract amendment includes an increase in the maximum
amount that can be charged to reflect cost of living increases for their costs to provide services. The
amendment also provides for Buck to act as the City's liaison with City vendors for long term disability
insurance as well as life insurance, which they have not done in the past. The maximum amount to be
charged each year will not exceed $60,000 per year. Each activity will be performed on a time*and-
expense basis and the City will only be charged for the amount of work actually performed.
Item 8n. Amendment No. 1 to Agreement No. 01-048 with Castle & Cooke to reflect the chanqe in
responsibilities with respect to the construction of improvements of Old River Road. On February 28,2001,
the City and Castle and Cooke California Inc. (CCCt) entered into Improvement Agreement No. 01-048
which addressed the construction of facilities and improvements for the area around Old River Road and
Campus Park Drive. The Agreement provided for CCCl to construct the east half of Old River Road from
Campus Park Drive southerly to a certain point, and the City would construct the west portion. In the
meantime, the City approved a capital project to construct an at-grade crossing of Old River Road over
a railway line. As a result, it would be more efficient for the City to construct the south half of Old River
Road, and CCCl the north half. CCCI has agreed to construct an approximately equal dollar amount of
improvements on the west side of Old River Road in return for not having to construct the east half.
Item 8o. Amendment No. 3 to Aqreement No. 98-16 with SMG for Management Services. In January
1998, the City entered into Agreement No. 98-16 with Ogden Entedainment, Inc. to manage the Centennial
Garden and Convention Center. In September 2000, Ogden Entertainment was purchased by SMG, and
this Agreement and all amendments thereto were assigned to SMG. This Agreement requires SMG to
purchase all-risk physical damage insurance, which includes earthquake, flood and fire insurance. The
cost of acquiring earthquake and flood insurance is approximately $123,000 annually. While SMG pays
the premium, the expense is passed on to the City. Since no other City-owned facility carries
earthquake/flood insurance, staff conducted an analysis of the risk involved with not having this insurance.
It is staff's opinion that the likelihood of an earthquake is remote compared to the cost involved with
insuring against one. The Amendment to the Agreement eliminates the requirement for the insurance and
cancels the policy. The current year's policy has already been purchased; however, if the policy is
canceled prior to September 1% the City can recover approximately 40 percent of the premium.
HONORABLE MAYOR AND CITY COUNCIL
August3,2001
Page -4-
Item 8p. Assiqnment of Agreement No. 99-81 to C.H.P. Enterprises to sell surplus personal properly. In
April 1999, the City entered into a non-exclusive agreement with Ken Porter Auction Company to sell
surplus personal property at auction, specifically heavy duty equipment. Staff received a request to assign
the agreement to CHP Enterprises, who bought Ken Porter Auction Company. Except for the company
name, all areas of the agreement will remain unchanged, including no commission charged to the City, and
free transportation of surplus equipment to the sale site. The competition among these buyers results in
high resale profits for the City, which are returned to the Equipment Fund to supplement the purchase of
new equipment.
Miscellaneous
Item 8q. Grant Deed from Kyle Carter Homes, Inc. for a Drainage Basin located at the northwest corner
of Calloway Drive and Olive Drive. This drainage basin site will be used for the construction of the Olive
Drive bridge crossing of the Friant Kern Canal. The existing drainage basin will be relocated to a site south
of Olive Drive.
Item 8r. Approve $10,000 Grant Application to the "California Aid to Airports Program" to be used for
Operational and Maintenance Costs for the Bakersfield Municipal Airport. Since the mid 1980's, the City
has annually applied for and received a grant from the State Department of Transportation Aeronautics
Programs, which is used to offset operational and maintenance costs associated with the Bakersfield
Municipal Airport. Without this grant, additional funding sources and/or expenditure reductions would have
to be identified to ensure the Airport fund has sufficient funds to operate effectively. Each of these grants
carries a 20-year commitment to keep the Airport open. If the Airport is closed any sooner, the State would
have to be reimbursed for the grant funds received, less 5 percent from each year the Airport is open.
Item 8s. Granting Easement to Pacific Gas & Electric to provide power to Alejandro Canal Intake located
approximately 3000 feet north of Panama Lane, east of Enos Lane. The Buena Vista Water Storage
District requested that the City grant Pacific Gas & Electric Company an easement to allow for the
installation of electrical service to the newly installed electronic slide gates at the District's Alejandro Canal
Intake Structure. The Water Resources Department determined the easement will not interfere with
existing or planned operations, or maintenance projects in the City's 2800 acres.
Item 8t. Sale of City Surplus Propertv located at 720 Lakeview Avenue. In April 1984, The City purchased
property located at 720 Lakeview Avenue with $26,000 of CDBG funds as part of its effort to land bank
properties for future CDBG eligible projects. Between 1986 and 1994, the City's Community Development
Department received over $25,000 in lease payments. In December 1994, staff initiated disposition of the
property; however, no final agreement made use of the site. At the July 19, 1995 Council meeting, the
property was declared surplus. The latest appraisal estimated the value at $14,000. The City received
two offers to purchase the property. Staff is recommending the Budget and Finance Committee review
the two offers.
Item 8u. Four Wheel Drive Loader. At the October 11, 2000 Council meeting, Quinn Company was
awarded the bid for the purchase of two Four-Wheel Drive loaders. The specifications included a provision
whereby the City may purchase additional units at the same per unit cost for a period of 12 months after
acceptance of the original bid. Quinn Company has indicated their approval for this purchase. This
additional loader would be used at the new Construction and Demolition Facility adjacent to the Mt. Vernon
Recycling Facility. This item provides for transfer of $180,000 Refuse Fund Balance to the Equipment
Management Fund operating budget, and extend bid from Quinn Company for one additional Four-Wheel
HONORABLE MAYOR AND CITY COUNCIL
August 3, 2001
Page -5-
Drive Loader for Solid Waste in the amount of $179,244.79. Approval of this agreement is contingent upon
approval of the Agreement between the City and the Metropolitan Recycling Corporation, Item 8k.
HEARINGS
Item 9c. Public hearinq to determine whether the public interest and necessity require acquisition by
eminent domain of property interests south of Rosedale Highway, north of the Cross Valley Canal, east
of Fruitvale Avenue and west of Gibson Street, for the Mohawk sewer line extension project. The
California Code of Civil Procedure permits the City to acquire property interests for sewer purposes, and
requires that the Council must first adopt a Resolution of Necessity authorizing the initiation of an eminent
domain action when certain conditions are met. Each requirement has been met and is set forth in the
Resolution. Prior to adoption of the Resolution, the City is required to give each person whose property
is to be acquired by eminent domain a reasonable opportunity to appear and be heard. In order for the
property owners to appear before Council, they must have filed a written request to appear and be heard
within 15 days after the notice was mailed or served. The Resolution of Necessity must be adopted by a
two thirds vote of all the members, not a two thirds vote of a quorum of members present. While adoption
of this Resolution is the first step in eminent domain proceedings, negotiations for purchase of the property
are continuing.
Item 9d. Public hearinq to determine whether the public interest and necessity require acquisition by
eminent domain of property interests located south of Rosedale Hiqhway, north of the Cross Valley Canal
and east of Kern Friant Canal (Equilon Refinery property) for the Mohawk sewer line extension proiect.
The California Code of Civil Procedure permits the City to acquire property interests for sewer purposes,
and requires that the Council must first adopt a Resolution of Necessity authorizing the initiation of an
eminent domain action when certain conditions are met. Each requirement has been met and is set forth
in the Resolution. Prior to adoption of the Resolution, the City is required to give each person whose
property is to be acquired by eminent domain a reasonable opportunity to appear and be heard. In order
for the property owners to appear before Council, they must have filed a written request to appear and be
heard within 15 days after the notice was mailed or served. The Resolution of Necessity must be adopted
by a two thirds vote of all the members, not a two thirds vote of a quorum of members present. While
adoption of this Resolution is the first step in eminent domain proceedings, negotiations for purchase of
the property are continuing.
DEFERRED BUSINESS
Item 11 a. Ordinance amendinq the Municipal Code by adding Annexation No.415 to Ward 4, located along
the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. The Ordinance was given
first reading on July 18, 2001. Staff has received no further comment, and recommends adoption of the
Ordinance.
Item 1 lb. Ordinance amending portions of the Municipal Code relating to taxicabs. The Ordinance was
given first reading on July 18, 2001. Staff has received no further comment, and recommends adoption
of the Ordinance.
Item 1 lc. Ordinance amending the Municipal Code relatinq to sales and fees regulations in parks. The
Ordinance was given first reading on July 18, 2001. Staff has received no further comment, and
recommends adoption of the Ordinance.
HONORABLE MAYOR AND CITY COUNCIL
August 3, 2001
Page -6-
NEW BUSINESS.
Item 12a. Ordinance amendinq the Municipal Code and Zoninq Map by changing the zoning from
Planned Commercial Development (PCD} zone to a revised Planned Commercial Development (PCD)
zone on 16.75 acres located on the north side of Stockdale Highway, east of California Avenue. The
change in zone is being requested by American Real Estate Holding, property owner, to allow for
development of the second phase of the Ralphs shopping center, and to meet tenant demands. No one
spoke in opposition to the request at the Planning Commission meeting of June 28, 2001.
Item 12b. Ordinance addinq Chapter 8.58 of the Bakersfield Municipal Code relating to tobacco usc,
prevention and self-service displays. In 1998 the Legislative and Litigation Committee recommended a
resolution encouraging the voluntary ban on self-service tobacco displays within City limits. This resolution
was approved by Council on October 7, 1998. At this time, the Committee desires to go forward with an
ordinance prohibiting self-service displays, which is permissible under a recent Supreme Court decision.
Enforcement of the ordinance will not begin until January 1, 2002 in order to educate retailers and give
them time to comply.
Item 12c. Ordinances imposinq restrictions on vehicle use and traffic on sidewalks within selected areas
of the City. The Municipal Code restricts the use of skateboards and other such devices in the central
traffic district. Staff presented an ordinance modification to the Legislative and Litigation Committee that
would restrict skateboard use on all City sidewalks in commercial areas; however, the Committee preferred
that the restriction be limited only to the central traffic district and Old Town Kern/Baker Street areas. The
second ordinance would be modified similarly, and is related to bicycles and similar vehicles.
AT.JWS.al
cc: Department Heads
City Clerk's Office
News Media File
S:~AGN_HIGH\01Aug08.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Workshop
ITEM: 2. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 23, 2001
APPROVED
DEPARTMENT HEAD ~/~ .
Update regarding the Bakersfield Municipal Airport Restaurant (Public Works
Director Raul M. Rojas).
RECOMMENDATION:
BACKGROUND: In December 2000, a fire damaged the structure at the Bakersfield Municipal Airport
which was leased to a tenant for restaurant purposes. Damage to the structure is substantial and will
require a significant City investment to restore or reconstruct it.
Mr. Brad Underwood, Public Works Operations Manager, will present to the Council potential options for
the fire-damaged structure.
G ~GROUPDAT~ADMINRPI~0OI~Aug8~Admin Rpt-Airport Restauranl wpd
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Closed Session
ITEM: 3 o a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 27, 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 Hadley, etc. v. CiO/of Bakersfield, et aL;
United States District Court, Eastern District, Case No. CIV-F-00-5894 AWl DLB
RECOMMENDATION:
BACKGROUND:
BJT:laa
AU08CAI.CS
July 27, 2001, 10:24am
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Closed Session
ITEM: 3. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 27, 2001
APPROVED
DEPARTMENT HEAD ~
ClTY ATTORNEY~
ClTY MANAGER -~
SUBJECT:
Conference with Labor Negotiator, Alan Tandy, pursuant to Government Code section
54957.6. Employee organizations: Management, General Supervisoryand Police Supervisory.
RECOMMENDATION:
BACKGROUND:
BJT:laa
AU08CA2..CS
July 27, 2001, 10:27am
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Closed Session
ITEM: 3. c.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD
DATE: July 31, 2001 CITY ATTORNEY
SUBJECT:
CITY MANAGER
Conference with Real Property Negotiator pursuant to Government Code section 54956.8
regarding 2144 Parker Lane, Bakersfield, California;
Negotiating Parties: Finance Director Gregory Klimko, Real Property Manager Don Anderson,
Hal Blackburn and Bruce Haupt (BH Investments);
Under Negotiation: Price and terms of payment for purchase.
RECOMMENDATION:
BACKGROUND:
BJT:laa
AU08CA4.CS
July 31, 2001, 1:14pm
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
IAGENDA SECTION: Closed Session
ITEM: 3. d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 30, 2001
APPROVED
DEPARTMENT HEAD
C, MA.A ER
Conference with Legal Counsel -- Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
One (1) potential case.
RECOMMENDATION:
BACKGROUND:
BJT:laa
AU08CA3.CS
July 30, 2001, 3:30pm
ADMINISTRATIVE
MEETING DATE: August 8, 2001
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerl/~,~
SUBJECT:
REPORT
IAGENDA SECTION: Consent Calendar
ITEM: 8.a.
DEPARTMENT HEAD
July 20, 2001 CITY ATTORNEY
CITY MANAGER
Minutes of July 18, 2001 Regular Council Meeting and July 23, 2001
Council/Board of Supervisors meeting.
APPROVED
N/A
Special Joint
RECOMMENDATION:
BACKGROUND:
bz
S:\Council\admins~ADMINS~AUGS01 .wpd
July 30, 2001, 3:02pm
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Consent Calendar
ITEM: 8. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 26, 2001
APPROVED
DEPARTMENT H EAD.,~'//~
CITY ATTORNE/~Y ~
CITY MANAGER ~
Approval of department payments from July 06, 2001 to July 26, 2001 in the amount of
$7,586,646.91 and self insurance payments from July 06, 2001 to July 26 2001 in the amount
of $246,933.59.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,833,580~50
BACKGROUND:
S:\KimG\Forms & Lables~ADMIN-AP.wpd
klg
ADMINISTRATIVE REPORT
MEETING DATE: August 8, 2001
rAGENDA SECTION: Consent Calendar
ITEM: 8. c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 20, 2001
APPROVED
DEPARTMENT HEAD~,~,,~-~-~
CITY ATTORN~YY ~
CITY MANAGER ~
Resolution of Intention No. 1248 to add territory, Area 1-23 (Mohawk, Krebs 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 Tract
No. 6003, to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median
and street landscaping. Area 1-23 is generally bounded by Krebs Road on the north, Mohawk Street on the
east, a line ½ mile south of Krebs Road on the south and a line 330 feet east of Fruitvale Avenue on the west.
This area will be under the streetscape zone of benefit and 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
July 20, 2001, 4:40PM
G:\GROU PDAT~ADMfN RPT\200 l~Aug8\md 1-23ri01 .wpd
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
July 16, 2001
AGENDA SECTION: Consent Calendar
ITEM: 8. d.
~.~PR~/E D
DEPARTMENT EA~ ../~
CITY MANAGER
SUBJECT:
Resolution of Application proposing proceedings for annexation of uninhabited territory to the
City of Bakersfield, property identified as Annexation No. 429, located along the north side of
Ming Avenue, west of Anita Lane. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory identified
as Annexation No. 429 to the City of Bakersfield. The proposed annexation consists of approximately
3.87 acres of inhabited land (population 10 +/-) located along the north side of Ming Avenue, west of
Anita Lane.
A property owner approached the City and his neighbors to annex to the city. Four property owners
have signed a letter of consent to annexation. There are six parcels in the territory, with estimated
population of 16 persons. The City has not conducted any neighborhood meetings for the territory.
The property is developed with eight single family homes and the property owner is anticipating
submittal for an office business for his home once the annexation is complete.
MO:pit
(admin\aug8-429)
July 31, 2001, 4:29pm
ADMINISTRATIVE REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8. e.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
Public Works Director
CITY ATTORNEY
DATE: July 20, 2001
CITY MANAGER ~
SUBJECT:
Resolution adding territory, Area 3-13 (Gosford, Pacheco SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 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 10465, to be included into the Consolidated Maintenance District as required by Section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median
and street landscaping. Area 3-13 is generally bounded by Pacheco Road on the north, Gosford Road on the
east, Harris Road on the south and Progress Road on the west. This area will be under the streetscape zone
of benefit and assessed an amount for street "tier 2".
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
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.
Lvd
July 3. 2001, 4:00PM
S:\PROJECTS\MAINDIST~ADMINRPT\md3-13re01 .wpd
ADMINISTRATIVE REPORT
IMEETING DATE: August 8, 2001
IAGENDA SECTION: Consent Calendar
ITEM: 8. ¢.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,,"~-
DATE: July 20, 2001 CITY ATTORNEY ~
CITY MANAGER _d~_L~'~
SUBJECT:
Resolution determining that certain new or used vehicles for public safety
undercover work cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $281,800.00
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: In the 2001-2002 budget, 14 new or used vehicles were approved for the
Police Depadment for undercover work. The exact type of vehicles purchased will be dependent
upon the service requirements of the using Department.
In dispensing with the normal bidding process, the City is able to negotiate directly with the various
vendors traditionally used in the purchase of these vehicles. This allows for obtaining the best price
available on the open market, as well as maintaining the confidentiality necessary in purchasing
vehicles for use in undercover work. Also, by purchasing the vehicles at this time of year, often
new vehicles can be purchased at the same or lower costs of used vehicles and the City reaps the
benefits of factory warranties on the vehicles and a longer use of the vehicles due to reduced
mileage and wear and tear of a previous owner.
The unique characteristics involved with the purchase of used vehicles makes it impractical to
follow normal bidding procedures. Therefore, staff recommends the Council dispense with bidding
requirements and authorize the Finance Director to negotiate a price not to exceed $281,800.00
for the purchase of 14 new or used vehicles to be used for undercover work.
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8. g.
TO: Honorable Mayor and City Council .~/ APPROVED
FROM: Carroll Hayden, Human Resources Manager ~ DEPARTMENT HEAD ~
DATE: July 18, 2001 CITY A'I-rORNEY /C'4'/~'}~
CITY MANAGER ~
SUBJECT:
Changes to Salary Schedule and New and Revised Job Specifications
Amendment No. 15 to Resolution No. 108-99 Setting Salaries and Related Benefits for
Officers and Employees of the General Supervisory, Police Supervisory and
Management Units and Adopting Salary Schedule and Related Benefits for Chief Code
Enforcement Officer, Code Enforcement Officer III and Permit & Plan Check Manager
2. Revised Job Specifications: Chief Code Enforcement Officer
New Job Specifications: Code Enforcement Officer III and Permit & Plan Check
Manager
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the new and revised job specifications.
BACKGROUND:
Jack Hardisty, Development Services Director has requested a reorganization of the Building Division.
Specifically, one of the existing Civil Engineer III positions will be converted to a Permit & Plan Check
Manager to manage the Plan Check and Permitting Section. in addition, an existing Code Enforcement
Officer 1/11 position will be converted to a Code Enforcement Officer III to perform work as a first-line
supervisor overseeing field operations. Correspondingly, the job specification for Chief Code Enforcement
Officer has been updated to more accurately reflect the scope of assignments.
It has been determined that the Chief Code Enforcement Officer salary range should be adjusted to the
current Police Sergeant salary range. The new Permit & Plan Check Manager salary range will be set at the
Superintendent level and the new Code Enforcement Officer Ill salary range will be set at the Building
Inspector III level.
July 19, 2001, 1:26PM
S:~ADMIN RPT~Building2.wpd
ADMINISTRATIVE REPORT .ag~ ~
There is no budgetary impact as the increased salary costs of approximately $12,000 will be funded by salary
savings in the Development Services Department Budget.
SUMMARY:
The new and revised job specifications were approved by the Miscellaneous Civil Service Board at their July
17, 2001 meeting.
July 19, 2001, 1:26PM
S:'~ADMIN R PT~B uilding2.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: $. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD_ ~/~
August 2, 2001 CITY ATTORNEY
CITY MANAGER
Improvement Agreement with St. John Missionary Baptist Church of Bakersfield, California,
for Parcel Map 10715, located on the south side of East Brundage Lane at Hayes Street.
(Ward 1 )
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
This Agreement is entered into to secure the improvements required for approval
of Tentative Parcel Map 10715. Such improvements include, but are not limited to,
street and drainage on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN
THE CITY CLERK'S OFFICE FOR REVIEW.
G:\GRO U PDAT~A DMINRPT~2001 ~,ug8\MAPS &IMPAGR wpd
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent ca 1 enda r'
ITEM: 8. i .
TO: Honorable Mayor and City Council APPR~OVED
//
Development Services - Planning DEPARTMENT
FROM:
DATE: July 12, 2001 CITYATTORN-~ J //"/___.-~;
CITY MANAGER
SUBJECT:
Agreement to Indemnify LAFCO for City Annexation No. 417, Proceeding 1301 uninhabited
territory located generally along the north side of Rosedale Highway, on both sides of Henry
Lane. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission approved the annexation on July 24, 2001, with a condition
the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. It
provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the
burden of defense. There were no protests at the LAFCO hearing.
The annexation area consists of 1.56 acres of uninhabited land, which is located generally along the
north side of Rosedale Highway, on both sides of Henry Lane.
MO:pjt
(admin\aug\8-8~.17)
July 12, 2001,9:12am
ADMINISTRATIVE
REPORT
MEETING DATE: August. 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8..].
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Start Ford, Director of Recreation and Parks
July 11, 2001
APPROVED
DEPARTMENTHEAD _'~.~
CITY ATTORNEY ~
CITY MANAGER ~-~
Agreement in an amount not to exceed $62,750 to conduct After School Programs within the
Bakersfield City School District (Wards 1 and 2) during the 2001-02 school year
RECOMMENDATION:
Staff recommends approval of the agreement
BACKGROUND:
This will be another year of collaboration between the City of Bakersfield and the Bakersfield City School
District to provide the benefits of recreation in a school-based after school program. This contract formalizes
the intention of our respective agencies to continue to collaborate for the benefit of youth.
This partnership enables the city to conduct recreational classes and activities that complement existing
school services. Community recreation helps cultivate good citizenship and promotes the health and general
welfare of the people. After school programs are very important to the citizens of Bakersfield. In the
representative survey completed in 1998 by the Department of Recreation and Parks, 60.8% of respondents
were "interested" and 37.7% were "very interested" in after school programs, a greater percentage than for
any other currently offered recreational program.
Currently, there are three Bakersfield City School sites at which the City plans and supervises after school
recreation: Sequoia, Casa Loma and Stella Hills. Two sites are yet to be selected. Approximately, 375
children are served each day by this program.
S:\Recreation\RECSPEC\hlarson\MyFiles\Best admin wpd
July 11,2001,3:57PM
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
IAGENDA SECTION: Consent Calendar
ITEM: $. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 26, 2001
APPROVED
DEPARTMENT HEAD ff/ff~'
ClTY ATI'ORNEY
ClTY MANAGER
Agreement with Metropolitan Recycling Corporation (MRC) for joint operation of a material
recycling facility for construction and demolition materials. City's portion of operating costs not
to exceed $184,000 for FY 2001-02.
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: In efforts to comply with the state recycling mandate, the City has determined a need for
a recycling program for construction and demolition (C&D) waste. An analysis of the City's waste stream
indicates strong potential for this type of program to help the City reach the 50 percent recycling mandate.
The City currently has a 42 percent recycling rate, and needs to recycle 32,000 more tons per year.
Approximately 60,000 tons have been identified as potentially containing C&D waste, which is mostly
recyclable. A C&D recycling facility, as an alternative to the landfill, can be mostly self-funded with facility gate
fees in lieu of landfill fees paid by the users.
Under Agreement No. 00-160, the City has leased property to MRC for the establishment of a C&D recycling
facility adjacent to the City's existing green waste recycling facility. In preparation of this project, it was found
that joint operation of the new facility by the City and MRC would eliminate duplication of certain features, and
provide a greater public benefit in the form of reduced facility gate fees. Reducing gate fees is a strategy by
which more material can be attracted and recycled.
Under the proposed agreement, development costs will be reduced for the new facility by joint use of certain
resources. For example, the new facility's entrance will be integrated with the existing one, and the existing
gatehouse personnel will handle all of the incoming customers. Equipment will be fueled and washed at the
existing station instead of a second one. In addition, operating costs will be reduced by combined supervision
by existing staff.
The cost of the City's participation in this project for FY 2001-02 is $184,000 and is included in the budget.
The City's level of participation will be reviewed annually. The agreement provides for annual, independent
review of MRC's business profitability in order for the City to determine the need for and the level of its
continued involvement.
kb
July 26. 2001.3:18pm
G:\GROUPDAT~ADMINRPT~2001\Aug8\C&D Recycling Agreement.wpd
ADMINISTRATIVE REPORT Page 2
The City's participation in this project involves the hiring of three full time equivalent personnel as temporary
employees. Pending future evaluation of the project, these temporary positions may warrant conversion to
regular full time status in the future. Staff has and will continue to work closely with the Service Employees
international Union on this aspect.
In summary, the scope of services as defined within this agreement specifies that the City assumes
responsibility for ail material coming into the facility, including: 1 ) the proper recording of all incoming weights
and fees, 2) monitoring traffic, dust, litter and quality of material, and 3) moving incoming material into a pile
that presents no hazard to the public and is ready for processing. The Contractor then will assume
responsibility for processing, facility improvements, loading and removal of all material received.
A related project was done in the mid 1990s, in which the City temporarily loaned 10 acres of property to a
local concrete crushing firm for stockpiling and processing. Although for a time the project looked like it would
fail, it eventually succeeded after a market for the recycled concrete was developed. The use of recycled
concrete for gravel base was fostered by the Public Works Department, and the local market for this material
has further developed to provide material more economically than quarries located further from town.
Concrete crushing will also be a pad of the new C&D recycling operation, to be performed by MRC or its
subcontractors.
kb
July 26, 2001, 3:18pm
G:\GROUPDAT~ADMINRPT~2.001~AugS\C&D Recycling Agreemenl.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: August 8, 2001
AGENDA SECTION: Consent Calendar
ITEM: 8. ] .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
July 23, 2001
APPROVED
DEPARTMENT HEAD~~.~
CITY ATTORNEY
CITY MANAGER ~
Agreement with Donald Collins for Assignment of Municipal Farm Lease No. 95-310 with Gary
Garone Farms for operation of Wastewater Plant 2 Farm. (Ward 1).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Due to a stroke recently suffered by Mr. Gary Garone, he has elected to exercise his
option to assign the current lease to Mr. Don Collins (dba Progressive Associate Group) as provided for
under the existing agreement. This assignment will allow the transfer of responsibility from Gary Garone
Farms to Donald Collins for the daily operation of the City's municipal farm in conjunction with wastewater
disposal at Wastewater Plant 2. This includes the using of effluent from City wastewater operations for
growing crops. The City will continue to receive an annual lease payment based on crops produced and the
estimated annual commodity prices. The minimum annual payment to the City will continue to be not less
than $200,000 per year. The term of the lease will extend through midnight December 31,2006 as provided
in the Garone lease agreement. With acceptance of this assignment, Mr. Collins agrees to all terms and
conditions and assumes all obligations of the Assignor (Gary Garone).
On June 5, 2001 staff met with the Garone's and their CPA to discuss ongoing farm operations and review
information on Mr. Collins and the notice for assignment. Staff subsequently met with Mr. Collins on June
25, 2001 to review his farm experience and financial information. Since all provisions for assignment of the
lease were met, staff forwarded the request to the Water Board for consideration. The Water Board
reviewed this item at its July 11, 2001 meeting and recommends approval to the City Council.
G@:sr
S:~2001ADMINRPTS~,&USWT1 CC
July 26, 2001, 2:34PM
ADMINISTRATIVE
REPORT
IMEETING DATE: August 8, 2001
AGENDA SECTION: Consent Ca 1 enda r"
ITEM: 8. m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ^j~ APPROVED
Carroll Hayden, Human Resources Manager~' DEPARTMENT HEAD
July 26, 2001
c Ty A TO..E¥
CITY MANAGER
Amendment No. 1 to Agreement No 98-214 with Buck Consultants for health care consultant
services.
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND:
In September of 1998, the City Council approved an agreement with Buck Consultants to provide health care
consulting services. During the past three years, Buck Consulting has been outstanding in providing very
detailed and timely information on the performance of our health care plans. In addition, they have handled
the review of our contracts with health care plan vendors and competently negotiated our plan renewals and
changes. They have been readily available for all meetings and have provided current, professional
information on benefit trends, strategies and possible plan design changes. The accounting and reporting
on the City's plan experience and plan utilization has been broader and more detailed than we have ever
received from a consultant in the past.
The proposed contract amendment includes an increase in the maximum amount that can be charged to
reflect cost of living increases for their costs to provide services. The amendment also provides for Buck to
act as the City's liaison with City vendors for long term disability insurance as well as life insurance, which they
have not done in the past. On these two insurance programs, staff has had to work with brokers and this has
been an unsatisfactory arrangement. The maximum amount to be charged each year will not exceed $60,000
per year. Each activity will be performed on a time-and-expense basis and we will only be charged for the
amount of work actually performed.
Staff is recommending that a contract amendment for a three year extension be approved in order to continue
with the outstanding service and stabilization of plan utilization reporting provided by Buck Consultants.
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Consent Calendar
TEM: 8. n.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 20, 2001 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Amendment to Improvement Agreement #01-048 with Castle & Cooke to reflect the change
in responsibilities with respect to the construction of improvements to Old River Road.
(Ward 4)
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On February 28, 2001, the City and Castle and Cooke California Inc. (CCCI) entered into Improvement
Agreement No. 01-048 which addressed the construction of facilities and improvements required by the
Bakersfield Municipal Code for Phase I of Tract 5848 which concerns the area around Old River Road and
Campus Park Drive. Among other things, the Agreement provided for CCCI to construct the east half of Old
River Road from Campus Park Drive southerly to a certain point. The City's obligation was to construct the
west portion of Old River Road.
In the meantime, the City approved a capital project to construct an at-grade crossing of Old River
Road over said railway line. As a resuJt of this capital project, it would be a more efficient division of labor for
the City to construct essentially the south half of Old River Road, and for CCCl to construct the north half.
CCCI has also agreed to construct an approximately equal dollar amount of improvements on the west side
of Old River Road in return for not having to construct the east half of Old River Road from the railway
crossing to approximately 1,200 feet north as required in Improvement Agreement No. 01-048.
As such, the attached amendment is proposed which modifies Improvement Agreement No. 01-148
to reflect this change in responsibilities only with respect to the construction of improvements to Old River
Road.
VG:alj
S:\COUNCIL~Admins\Tract5848Amend JmprvmntAgr01-048.wpd
AUSPW.CC
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8. o,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
July 24, 2001 CITY ATI'ORNEYy
CITY MANAGER
Amendment No. 3 to Agreement No. 98-16 with SMG for Management Servic~ /
RECOMMENDATION:
Staff recommends approval of Amendment and authorization to cancel the earthquake/flood insurance
policy on the Arena and Convention Center.
BACKGROUND:
In January, 1998, the City entered into Agreement No. 98-16 with Ogden Entertainment, Inc. Pursuant
to the agreement, Ogden would manage Centennial Garden ("the Arena") and the Convention Center. In
September, 2000, Ogden Entertainment, Inc. was purchased by SMG and Agreement No. 98-16 and all
amendments thereto were assigned to SMG.
Agreement No. 98-16 requires SMG to purchase all-risk physical damage insurance (including, but
not limited to, earthquake, fire and flood) for the Arena and the Convention Center. The cost of acquiring
earthquake and flood insurance is approximately $123,000.00 annually and provides $40 million coverage.
While SMG pays the premium, it is an expense that is actually passed on to the City.
While the Arena was financed using Cedificates of Participation, the documents upon which the Arena
financing was based do not require earthquake and flood insurance. The fact that such insurance was not
required was disclosed to the purchasers of the certificates in the Official Statement.
Since no other City-owned facility carries earthquake/flood insurance, staff conducted an analysis of
the risk involved in not having the insurance based upon the likelihood of a devastating earthquake or flood.
There have only been three major earthquakes in the Bakersfield area since 1857.
S:\COUNCIL~Admins\smgamend3.wpd
AU8CA.CC
ADMINISTRATIVE REPORT Page 2
The Arena was built in 1994 in compliance with stringent seismic requirements. While it is impossible
to predict the extent of damage to the Arena should a major earthquake occur, it is staff's opinion that the
likelihood of such an earthquake is remote compared to the cost of insuring against one.
Therefore, staff recommends amending the agreement with SMG to eliminate the requirement of
purchasing earthquake and flood insurance and canceling the policy.
The current year's insurance policy has already been purchased. However, if the policy is canceled
prior to September 1, the City can recover approximately 40% of the premium.
S:\COU N CIL~,dmins~,s mgamend3.wpd
AU8CA.CC
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Consent Calendar
TEM: 8. p.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 27, 2001
APPROVED
DEPARTMENT HEAD
M^.^GER
SUBJECT: Approve assignment of Agreement No. 99-81 to CHP Enterprises to sell surplus personal
property.
RECOMMENDATION: Staff recommends approval of assignment.
BACKGROUND: In April, 1999, the City entered into a non-exclusive agreement with Ken Porter Auction
Company to sell surplus personal property at auction, specifically heavy duty equipment such as refuse
trucks, loaders, street sweepers and fire trucks. A local auction company, Tri-State Auction Company, sells
the City's surplus, smaller equipment such as sedans, pickups, office equipment and items released for sale
from the Police property room.
Staff received a request to assign Agreement No. 99-81 to CHP Enterprises, who bought Ken Porter Auction
Company. Except for the company name, all areas of the agreement will remain unchanged, including no
commission charged to the City, and free transportation of surplus equipment to the sale site. The auction
site is in the Los Angeles area, and draws a large group of buyers from the western states and Mexico. The
competition among these buyers results in high resale profits for the City, which are returned to the
Equipment Fund to supplement the purchase of new equipment.
Agreement No. 99-81 is scheduled to terminate April 14, 2002. Either party may terminate the agreement
upon ten (10) days written notice to the other party.
P:~ADMIN~001ADMIN\C01_0808A.wpd
GJK:DW:Ijm
July 19, 2001, 2:52pm
ADMINISTRATIVE REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8. q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD ~'/~,
July 5, 2000 CITY ATTORNEY
CITY MANAGER
Dedication Of Property:
(1) Grant Deed from Kyle Carter Homes, Inc. to the City of Bakersfield for a drainage basin
located at the northwest corner of Calloway Drive and Olive Drive. (Ward 4)
RECOMMENDATION: Staff recommends accepting the Grant Deed.
BACKGROUND:
This Grant Deed grants to the City a drainage basin located at the northwest corner of
Calloway Drive and Olive Drive. This drainage basin site will be used for the
construction of the Olive Drive bridge crossing of the Friant Kern Canal. The existing
drainage basin will be relocated to a site south of Olive Drive.
July 24, 2001, 8:35am
G:\GROUPDAT\ADMINRPT\2001tAug8\DEDICATION OF ROPERTY.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: August 8, 2001
AGENDA SECTION: Consent Calendar
ITEM: 8. r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 23, 2001
APPROVED
DEPARTMENT HEAD //~-
CITY ATTORNEY ~
CITYMANAGER (~
Approve $10,000 Grant Application to the "California Aid to Airports Program" to be Used
for Operational and Maintenance Costs for the Bakersfield Municipal Airport
(Ward 1).
RECOMMENDATION: Staff recommends approval of grant application.
BACKGROUND: Since the mid 1980's, the City of Bakersfield has annually applied for and received a
grant from the State of California, Department of Transportation, Aeronautics Program, which is used to
offset operational and maintenance costs associated with the Bakersfield Municipal Airport. This grant falls
under the "California Aid to Airports Program (CAAP)" and, since the mid 1990's, has brought in $10,000
per year. This was roughly 7% of fiscal year 2000/01 total revenue.
Each of these State grants carries a 20 year commitment on the City's part to keep the Airport open. If
the Airport is closed any sooner, we would have to reimburse the State for the grant funds received,
reduced by 5% for each year the Airport is open.
Without this annual $10,000 grant, additional funding sources and/or expenditure reductions would have
to be identified to ensure the Airport Fund has sufficient funds to operate effectively.
G:\GROUPDAT~ADMINRP'P,2OOI'~AugS'~Admin Rpt*Airp~rt Grant wpd
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8. s.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 13, 2001
APPROVED
DE PA RTMENT HEA
CITY MANAGER ~
Granting easement to Pacific Gas & Electric to provide power to the Alejandro Canal Intake
located approximately 3000 feet north of Panama Lane and east of Enos Lane. (Ward 4)
RECOMMENDATION: Staff recommends granting Pacific Gas & Electric an easement.
BACKGROUND: The Buena Vista Water Storage District (B.V.W.S.D.) has requested the City grant Pacific
Gas & Etectric Company an easement on City property to allow for the instaJlation of electrical service to
the newly installed electronic slide gates at the District's Alejandro Canal Intake Structure. The Water
Resources Department has reviewed the request and has determined the easement will not interfere with
existing or planned operations or maintenance projects in the City's 2800 Acres. The Water Resources
Department recommends granting the easement to Pacific Gas & Electric for the power line.
DMA/s
July 13, 2001, 11:07am
ADMINISTRATIVE REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Consent Calendar
ITEM: 8. t.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kurtz, Economic Development Director
July 25, 2001
APPROVED
DEPARTMENT HEAD~-~./~--~
ClTY ATI'ORNEY
ClTY MANAGER~'/~
Sale of City Surplus Property located at 720 Lakeview Avenue. (Ward 1)
RECOMMENDATION:
Staff recommends refer to Budget and Finance Committee.
BACKGROUND:
The City has received two offers to purchase the City surplus property located at 720 Lakeview Avenue. One
offer is from Marty Reyna, owner of Nutri Kids, 800 Lakeview Avenue and the other is from Evelyn Nelson,
Director of Groomed for Greatness, Inc.
In April 1984, the City purchased property located at 720 Lakeview Avenue with CDBG funds as part of its
effort to land bank properties for future CDBG eligible projects. The acquisition price for this 5,620 sq. ft.
parcel (75' x 55') was $26,000. The site is developed with a 1,400 sq. ft. building, built in the early 1950's.
During the same period, five other similar properties were acquired and the structures on them demolished.
With respect to this property however, interest was expressed by a prospective business to open a record
shop at that location. Rather than demolishing the structure, a lease was executed and the building was
occupied commencing in 1986. The City received $300 per month rent for the building until 1994 when the
business relocated. During the lease period, the City's Community Development Department received over
$25,000 in lease payments.
In December 1994, staff initiated the disposition of the property located at 720 Lakeview Bids were received
over the years, interest from buyers and tenants have been received by staff on the property, however, no
final agreement made use of the site.
At the July 19, 1995 City Council meeting 720 Lakeview Avenue was declared surplus. The last appraisal
was completed by Michael Burger June 20, 2000 and estimated the value of the 720 Lakeview Avenue
property at $14,000 "as is."
DIk:S:~Admins\720 Lakeview ref to B&F.wpd
July 26, 200~, 8:44am
ADMINISTRATIVE REPORT
Page 2
When the original report was prepared July 5, 2001, the Groomed for Greatness, Inc. proposal had yet to
submit evidence of financial capacity to purchase and develop their project. However, that information has
been presented and their overall proposal has been revised. Below is a comparison of both offers:
Marty Reyna
Owner of Nutri kids located at 800 Lakeview
Avenue
Purchase price: Appraisal Value $14,000
Existing building will be rehabilitated for a tenant
(Groomed for Greatness). An executed lease
agreement was submitted with his proposal with
an ending date of April 2002.
Estimated Rehabilitation Cost: $29,588
Evidence of project funding for
acquisition/rehabilitation funds has been
submitted.
Property returns to tax rolls.
Mr. Reyna has purchased the three properties
immediately north of 800 Lakeview and has begun
to rehabilitate two existing residential structures.
Groomed for Greatness, Inc.
Evelyn Nelson
Non-profit corporation currently leasing space at
800 Lakeview, Suite 2 since March 2001.
Purchase price: $5,000
Proposal will demolish the existing 1,400 square
foot building and replace it with a new 1,400
square foot building (construction cost $70,000),
Evidence of project funding for acquisition
submitted.
Construction will be completed through donations.
Building will be used for job readiness and life
skills workshops, computer resource area for
youth reading/math and a clothing boutique.
Property remains off tax roll.
It has requested that the City (Planning) allow the
reconstruction of the 1,400 square foot building
using the existing parking standards.
DIk:S:~Admins\720 Lakeview ref to B&F.wpd
July 26, 2001, 8:44am
ADMINISTRATIVE REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Consent Calendar
ITEM: 8. u.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
July 18, 2001
DEPARTMENT HEAI~ ~ ~
CITY ATTORNEY ~ ~-~
CITY MANAGER ~
Four Wheel Drive Loader:
1. Transfer $180,000 Refuse Fund Balance to the Equipment Management Fund
operating budget to purchase a loader.
Extend bid from Quinn Company $179,244.79 for one (1) additional Four-Wheel
Drive Loader for Solid Waste.
RECOMMENDATION: Staff recommends acceptance of bid and approval of transfer.
BACKGROUND: At the October 11, 2000, Council meeting, Quinn Company was awarded the bid for
the purchase of 2 Four-Wheel Drive loaders. The specifications to the invitations to bid included a
provision, whereby, with the written approval of both the bidder and the City, the City may purchase
additional units at the same per unit cost for a period of 12 months after acceptance of the original bid.
Quinn Company has indicated their approval of extending the same per unit cost for this purchase.
Per the Agreement with the haulers, this additional loader would be used by City personnel at the new
Construction and Demolition (C & D) Facility adjacent to the Mt. Vernon Recycling Center. The loader
would be needed to handle the volume of material that is anticipated to be received from the numerous
contractors and do-it-yourselfers who are expected to take advantage of this new recycling facility.
Originally, staff had anticipated renting a loader to handle the C & D material. Because of the consistent
daily use of this loader, staff recommends that it be purchased, rather than rented.
Approval of this administrative report is contingent upon Counc'l s approval of the Agreement between the
City of Bakersfield and the Metropolitan Recycling Corporation which is included under tonight's Consent
Calendar Agreement Section.
SM:stop
G:\GROUPDAT'CDMINRPT~2001~Aug8/QUINN CO wpd
Ju~y 27 2001 8:23am
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Hearings
ITEM: 9. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
July 23, 2001
~ARPROVED
DEPARTMENT HEAD ~,..~lt_..,.L~`
CITY ATTORNEY
CITY MANAGER
A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code
Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for
which dangerous buildings have been demolished. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND: The subject properties listed below were determined by the Building Director to pose
an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject
to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owners were notified
and failed to comply with the Notice of Summary Abatement. The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward 2/Councilmember Benham
1. 524 Homaker Place
2. 1030 E. 18th Street
002-112-30 $ 5,085.00
017-170-03 $ 5,835.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance.
The next property was in violation of the Uniform Code for the Abatement of Dangerous Buildings pursuant
to Title 15 of the Bakersfield Municipal Code. The owner of the property was notified and failed to commence
the required work as ordered by the Board of Building Appeals at a hearing on October 24, 2000.
PROPERTY LOCATION
APN COST
Ward 2/Councilmember Benham
1. 630 Kentucky Street
014-270-07 $93,464.00
As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were
demolished under the direction of the Chief Code Enforcement Officer and the Board of Building Appeals.
The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the
Bakersfield Municipal Code. Property owners have been given notice of their right to appear at the hearing
on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance.
July 23, 2001, 12:33pm
ADMINISTRATIVE REPORT Page 2
The Council will need to confirm the costs incurred by the City for work performed to demolish the subject
structures and order that such costs be made a lien against the property. This will be done by adoption of
the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment
as the Council deems just.
kdrn
AU8BL.2.HRG
July 23, 2001, 12:28pm
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Hearings
ITEM: 9 · b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
July 23, 2001
APPROVED
DEPARTMENT HEAD(~-~H
CITY ATTORNEY
ClTY MANAGER ~ bUT
A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code
Enforcement Officer regarding assessments of certain properties in the City of BakersfieJd for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter. (Wards 1, 2, 3, 5, 6 and 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield
Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute
public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners
were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed
and held before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 403 Berneta Avenue 011-045-04 $ 1,645.00
2. 408 Bill Avenue 010-061-18 $ 520.00
3. 705 S. Brown Street 019-121-09 $ 295.00
4. South of 722 S. Brown Street 019-112-13 $ 295.00
5. 812 S. Brown Street 019-142-06 $ 295.00
6. North of 905 S. Brown Street 019-161-02 $ 295.00
7. 1333 Chester Place 010-180-05 $ 345.00
8. 801 Collins Way 019-041-07 $ 295.00
9. 1013 Collins Way 019-030-07 $ 295.00
10. 1931 Filson Street 172-043-18 $ 312.00
11. 1106 Gorrill Street 018-101-18 $ 669.00
12. 415 S. Haley Street 019-072-10 $ 295.00
13. 423 S. Haley Street 019-072-13 $ 295.00
14. 426 S. Haley Street 019-071-01 $ 295.00
15. 505 S. Haley Street 019-102-10 $ 295.00
16. 608 S. Haley Street 019-101-02 $ 295.00
17. 730 S. Haley Street 019-111-01 $ 295.00
18. 925 K Street 009-141-06 $ 323.00
July 23, 2001, 12:29pm
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
19.
20.
21.
22.
23.
24.
25.
26.
27.
25 Kincaid Street
10 Milham Drive
322 Ohio Drive
3003~ Oliver Street
1303 & 1309 Potomac Avenue
2109 Roland Street
707 S. Williams Street
Behind 731 S. Williams Street
1214 4th Street
APN COST
018-180-18 $ 345.00
139-431-08 $ 321.00
169-070-17 $ 763.00
170-200-26 $ 342.00
018-091-36, 37 $ 345.00
170-162-14 $ 463.00
019-122-05 $ 313.00
019-122-09 $ 793.00
009-450-07 $ 5,095.00
Ward 2/Councilmember Benham
28.
29.
30.
31.
32.
33.
35 Bliss Street
219 Daniels Street
220 S. King Street
220 Rodman Street
221 Rodman Street
SEC 14th & K Streets
139-404-03 $ 473.00
139-351-04 $ 313.00
139-360-14 $ 395.00
139-341-12 $ 473.00
139-341-10 $ 457.00
006-450-23 $ 440.00
Ward 3/Councilmember Ma,qqard
34. 1905 Duke Drive
35. 3224 Fortier Street
36. 3612 Rancho Sierra Street
Ward 5/Councilmember Hanson
37. 5805 Caoba Court
Ward 6/Councilmember Sullivan
38. 3501 Reeder Avenue
021-382-08 $ 395.00
132-203-20 $ 295.00
146-372-02 $ 345.00
355-162-10 $ 540.00
441-022-11 $ 495.00
Ward 7/Councilmember Salva.q.qio
39. 2100 Saint Helen's Avenue
40. 6401 & 6405 Sangara Street
405-282-01 $ 770.00
413-202-10, 11 $ 420.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80
of the Bakersfield Municipal Code. Property owners have been given notice of their right to appear at the
hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public
nuisance.
The Council will need to confirm the costs incurred by the City for work performed to remove the public
nuisance and order that such costs be made a lien against the property. This will be done by adoption of
the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment
as the Council deems just.
AU8BL1.HRG
July 23, 2001, 12:29pm
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Hearings
ITEM: 9 · c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 20, 2001
APPROVED
DEPARTMENT HEAD
~,-
CITY ATTORNEY
CITY MANAGER
Public hearing to determine whether the public interest and necessity require acquisition by
eminent domain of property interests located south of Rosedale Highway, north of the Cross
Valley Canal, east of Fruitvale Avenue and west of Gibson Street, Bakersfield, California, for
the Mohawk sewer line extension project. (Code of Civil Procedure section 1245.230, et seq.)
(Unincorporated area of Kern County, east of Ward 4)
RECOMMENDATION:
Staff recommends adoption of a Resolution of Necessity.
BACKGROUND:
California Code of Civil Procedure section 1240.125 permits the City to acquire property interests outside its
territorial limits for sewer purposes.
Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity"
authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain
"pre-condemnation" requirements be met.
Each of these requirements has been met by the City and are set forth in the Resolution of Necessity attached
hereto and made a part hereof by this reference.
Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City
give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and
be heard on the following:
1. Whether the public interest and necessity require the project;
2. Whether the project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury;
July 20, 2001, 2:55pm
ADMINISTRATIVE REPORT Page 2
3. Whether the property sought to be acquired is necessary for the project; and
Whether the offers required by Government Code section 7267.2 have been made to the
owner(s) of the subject property.
The specific findings of fact wh ch support the CouncTs adoption of the Resolution of Necessity are set forth
therein.
Required notice was provided to each property owner as set forth in the Resolution of Necessity.
In order for the property owners to appear before the Council, the property owners must have filed a written
request to appear and be heard within fifteen (15) days after the notice was mailed or served (Cede of Civil
Procedure section 1245.235(a)(b)(3)). Failure to file a written request results in the waiver of the right to
appear and be heard,
The Council must adopt the Resolution of Necessity by vote of two thirds of all the members of the Council (not
two thirds of a quorum of the members present). (Code of Civil Procedure section 1245.240.)
It is important to note that while adoption of the resolution is the first step in eminent domain proceedings, this
does not necessarily mean that the City will be forced to take any of the listed property by condemnation.
Negotiations for the purchase of the property are continuing, and staff is hopeful that the City will be ableto
purchase the property without having to resort to eminent domain proceedings.
This matterwas originally noticed and scheduled for hearing on July 18, 2001. Pursuant to request by Thomas
Fallgatter, Esq., legal counsel for Equilon Enterprises LLC, the hearing was not opened on July 18, 2001 and
the matter was renoticed and rescheduled for August 8, 2001.
BJT/MGA:Isc:Ias
Attachment
S:/COU NCIL'C, dmins\Equilon2 wpd
July 27, 2001, 8:30am
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Hearings
TEM: 9 · d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 26, 2001
APPROVED
DEPARTMENTHEAD ~
c.T,. ATTOR.EY
CITY MANAGER ~
Public hearing to determine whether the public interest and necessity require acquisition by
eminent domain of property interests located south of Rosedale Highway, north of the Cross
Valley Canal and east of the Kern Friant Canal, Bakersfield, Catifornia (Equilon Refinery
property), for the Mohawk sewer line extension project. (Code of Civil Procedure section
1245.230, et seq.) (Unincorporated area of Kern County, east of Ward 4)
RECOMMENDATION:
Staff recommends adoption of a Resolution of Necessity.
BACKGROUND:
California Code of Civil Procedure section 1240.125 permits the City to acquire property interests outside its
territorial limits for sewer purposes.
Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity"
authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain
"pre-condemnation" requirements be met.
Each of these requirements has been met by the City and are set forth in the Resolution of Necessity attached
hereto and made a part hereof by this reference.
Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City
give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and
be heard on the following:
1. Whether the public interest and necessity require the project;
Whether the project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury;
July 26, 2001, 8:23am
ADMINISTRATIVE REPORT Page 2
3. Whether the property sought to be acquired is necessary for the project; and
4. Whether the offers required by Government Code section 7267.2 have been made to the
owner(s) of the subject property.
The specific findings of fact which support the Council's adoption of the Resolution of Necessity are set forth
therein.
Required notice was provided to each property owner as set forth in the Resolution of Necessity.
In order for the property owners to appear before the Council, the property owners must have filed a written
request to appear and be heard within fifteen (15) days after the notice was mailed or served(Code of Civil
Procedure section 1245.235(a)(b)(3)). Failure to file a written request results in the waiver of the right to
appear and be heard.
The Council must adopt the Resolution of Necessity by vote of two thirds of all the members of the Council (not
two thirds of a quorum of the members present). (Code of Civil Procedure section 1245.240.)
It is important to note that while adoption of the resolution is the first step in eminent domain proceedings, this
does not necessarily mean that the City will be forced to take any of the listed properly by condemnation.
Negotiations for the purchase of the property are continuing, and staff is hopeful that the City will be ableto
purchase the property without having to resort to eminent domain proceedings.
This matterwas originally noticed and scheduled for hearing on July 18, 2001. Pursuant to request by Thomas
Fallgatter, Esq., legal counsel for Equilon Enterprises LLC, the hearing was not opened on July 18, 2001 and
the matter was renoticed and rescheduled for August 8, 2001.
BJT/MGA:Isc:Ias
Attachment
s:\cou NC1L'~Ad mins\Equilon.wpd
July 27, 2001, 8:31am
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Deferred Bus i ness
ITEM: 11.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 12, 2001
,~'~VED
DEPARTMENT HF~
C TY ATTOR/._'4' '
CITY MANAGER ~
An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation
No. 415 to Ward 4, located along the west side of Jewetta Avenue to Old Farm Road, south
of Hageman Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on July 18, 2001.
This Ordinance amends the ward boundaries to include Annexation No. 415 area into the
corresponding Council ward. The annexation was approved by LAFCO on June 26, 2001.
Estimated
Annexation Ward No. Population
Annexation No. 415 4 0
Annexation No. 415 is west of Jewetta Avenue to Old Farm Road, south of Hageman Road. The site
consists of approximately 122 acres of uninhabited land. The site will be developed with single family
residential and the property owner requested annexation to receive city services.
(MO:pjt)
(admin\aug\8-8-a415)
July 12, 2001, 9:12am
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: Deferred Business
ITEM: 11.b.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~
DATE: July 19, 2001 CITY ATTORNEY
CITY MANAGER ~
SUBJECT:
An Ordinance amending portions of Chapter 5.50 of the Bakersfield Municipal Code relating
to taxicabs
RECOMMENDATION:
Legislative and Litigation Committee recommends adoption of this ordinance.
BACKGROUND:
On June 25, 2001, Staff presented the Legislative and Litigation Committee with several proposed
minor changes to the Bakersfield Municipal Code relating to taxi-cabs. Specifically, the changes dealt with
Sections 5.50.020 (Permits), 5.50.090 (Vehicle Identification), 5.50.110 (Numbers), 5.50.130 (Inspection) and
5.50140 (Taximeters). The revisions are basically designed to clarify and "clean-up" existing regulations
governing taxicabs.
Prior to the Legislative and Litigation Committee meeting, a letter was sent to all known taxi-cab
companies advising them of the proposed modifications. No opposition was received. As such, the
Legislative and Litigation Committee recommends first reading of this Ordinance.
This ordinance received first reading at the July 18, 2001 City Council meeting.
VG:alj
S:\COU NCIL~Admins\5.50TaxicabsAm end 2,wpd
AUSCA.DB
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: Deferred Business
ITEM: ~_ !. c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 31, 2001
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
An Ordinance amending Chapter 12.56.240 of the Bakersfield Municipal Code relating to sales
and fees regulations in parks
RECOMMENDATION:
Legislative and Litigation Committee recommends adoption of this ordinance.
BACKGROUND:
Section 12.56.240 of the Bakersfield Municipal Code governs sales in City parks by non-profit
organizations, contracts with independent contractors at permanent concession stands and permits for
vendors conducting sales from portable concession stands.
Last year, Recreation and Parks demolished all permanent City park concession stands and
terminated all affiliated contracts. As such, there is no need for an ordinance to govern City permanent park
concession stands.
At the July 19, 2000 City Council Meeting, City Council adopted a Resolution establishing a
moratorium on the issuance of permits for vendors conducting sales from portable concession stands in City
parks pursuant to 12.56.240 (B) and (C). The purpose of the moratorium was to give staff an opportunity to
send out Requests for Proposals (RFPs) to govern portable concession stands within all City parks. The goal
was to contract with a limited number of vendors to present a uniform and consistent way of dealing with
concessions in City parks, address health and safety concerns, and eliminate any ambiguity and fairness
involved in the current structure of the "first come first serve" process. In order to allow time for Staff and
Council to discuss how best to proceed and consider appropriate ordinance revisions, a moratorium was
placed into effect. The moratorium did not impact current permittees; rather, it applied only to new permit
applications under 12.56.240 (B) and (C).
VG:alj
S:\COUNCIL~Admins\12.56.240Amend2.wpd
AUSCA.DB
ADMINISTRATIVE REPORT Page 2
Unfortunately, there was not much response to the RFP. In the meantime, the moratorium is set to
expire in July. Therefore, Staff is requesting a revision to the existing ordinance to address the concerns
mentioned above. The changes requested will eliminate commercial activity in City parks unless the applicant
is a non-profit entity, or, a vendor that contracts with the City. In addition, the proposed changes clarify that
City-sponsored events are exempt from the regulations, as well as vendors that contract with the City at a
City-sponsored event. The proposed revisions do not have any affect on entities which provide free food, or
clothing, or do not solicit fees.
This ordinance received first reading at the July 18, 2001 City Council meeting.
VG:alj
S:\COUNCIL~Admins\I 2.56.240Amend2.wpd
AU8CA.DB
ADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001 AGENDA SECTION: New Business
ITEM: ~_2.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
July 16, 2001
APPROVED
DEPARTMENT HEAD (~
CITY ATTORNEY ~'~-'~
ClTY MANAGER
SUBJECT:
An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map
No. 102-34 by changing the zoning from a Planned Commercial Development (PCD) zone to
a revised Planned Commercial Development (PCD) zone on 16.75 acres located on the north
side of Stockdale Highway, east of California Avenue (#P01-0377) (Ward 5)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On June 28, 2001, the Planning Commission adopted Resolution No. 75-01 recommending adoption
of the ordinance approving Zone Change No. PO 1-0377. Porter Robedson Engineering, representing
American Real Estate Holding, property owner, has applied to change the zoning on 16.75 acres from
a Planned Commercial Development (PCD) zone to a revised Planned Commercial Development
(PCD) zone. The project site is generally located the northeast corner of Stockdale Highway and
California Avenue.
The applicant is requesting the change in zone to allow for development of the second phase (Phase
II) of the Ralphs shopping center. Phase II covers the undeveloped eastern 6.6 acres of the 16.75
acre shopping center. The requested increase of &462 square feet for Phase II results in increasing
the total building square footage for the entire shopping center from 135,710 to 142,172. Building
square footage in Phase II would increase from 67,200 to 73,662 square feet. The reconfiguration
of the building footprint is a change from one large "big box" building into two smaller "big box"
footprints. There are 1,062 parking spaces proposed for the entire shopping center (including Krispy
Kreme because of reciprocal parking requirement). Ordinance requires a minimum of 836 parking
spaces for the center. The applicant states that the changes are needed to meet tenant demands.
The center exceeds the minimum parking requirement by 226 spaces.
No one spoke in opposition to the request at the Planning Commission hearing.
July 27, 2001,8:46am
ADMINISTRATIVE REPORT Page 2
The project site is designated as General Commercial on the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan. The proposed Planned Commercial Development (PCD) zone is
consistent with the GC designation.
A Negative Declaration was adopted with Zone Change #5516, which is the original zone change
approving the shopping center.
JENG
(admin~au§8-0377)
July 27, 2001, 8:46am
OADMINISTRATIVE
REPORT
MEETING DATE: August 8, 2001
AGENDA SECTION: New Business
TEM: ]_ 2. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 31, 2001
APPROVED
DEPARTMENT HEAD~._~
CITY ATTORNEY Jf
CITY MANAGER ~
An ordinance adding Chapter 8.58 of the Bakersfield Municipal Code relating to tobacco use
prevention and self-service displays
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND:
The issue of tobacco self-service displays was before the Legislative and Litigation Committee
("Committee") on August 20, 1998 and again on September 17, 1998. The Committee considered an
ordinance banning self-services tobacco displays from stores within City limits. Because there were several
cases pending throughout the United States governing tobacco sales, advertising and related issues, the
Committee thought it best to proceed with a resolution encouraging the voluntary ban on self-service tobacco
displays rather than an ordinance. Such a resolution was adopted by Council on October 7, 1998.
At this time, the Committee desires to go forward with an ordinance prohibiting self-service tobacco
displays. Such an ordinance is permissible under the recent U.S. Supreme Court decision of Lorillard
Tobacco Co., et aL v. Reilly, Attorney General of Massachusetts, et aL, wherein the Court, although striking
down the ability of a city to restrict tobacco advedising, upheld a city's authority to restrict self-service tobacco
displays. Therefore, the attached ordinance, which will be placed under Title 8 (Health and Safety) of the
Bakersfield Municipal Code, is proposed. Enforcement of the ordinance will not begin until January 1, 2002
in order to educate retailers and give them time to comply.
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S:\COUNClL~Admins\8.58Add.TobaccoUse.wpd
July 31, 2001
AUSCA.NB
OADMINISTRATIVE
REPORT
IMEETING DATE: August 8, 2001
AGENDA SECTION: New Business
TEM: 12.c.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~
DATE: July 19, 2001 CITY ATTORNEY ~2~
CITY MANAGER
SUBJECT:
Ordinances imposing restrictions on skateboard use on sidewalks within selected areas of the
City.
An ordinance of the Council of the City of Bakersfield amending Chapter 10.08.020 of
the Bakersfield Municipal Code relating to vehicles and traffic.
An Ordinance amending Chapter 10.52.010 of the Bakersfield Municipal Code relating
to bicycles and similar vehicles.
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of these ordinances.
BACKGROUND:
The Economic and Community Development Department has been receiving inquiries from merchants
and business owners in the Old Town Kern/Baker Street areas asking how skateboarders can be restricted
in business areas.
The Bakersfield Municipal Code Section 10.52.010 restricts the use of skateboards and other such
devices within the "central traffic district" as that term is defined in 10.08.020 of the Code. Staff presented
an ordinance modification to 10.52.010 to the Legislative and Litigation Committee on June 25, 2001. The
proposed modification restricted skateboard use on all city sidewalks in commercial areas. The Legislative
and Litigation Committee preferred that the restriction be limited only to the central traffic district and the Old
Town Kern/Baker Street area. As such, the attached modification adds a simple definition of Old Town Kern
to Chapter 10.08.020 and restricts the use of skateboards and such vehicles to the central traffic district, as
well as the Old Town Kern area.
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S:\COUNCIL~Admins\I 0.52.010Amend. Skateboard.wpd
AUSCA.NB