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HomeMy WebLinkAbout11/28/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 28, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. (5 min) (15 min) (15 min) PRE-MEETING 1. ROLL CALL 2. WORKSHOP a. Presentation by Mayor Hall of Commendation Plaque to David Lyman, Principal Planner, in recognition of his commitment to the California Association of Enterprise Zones. b. Overview of Fire Department Swift Water Rescue Program (Tim Lynch, Captain) c. Demonstration of Light Air Van (Gary Hutton, Deputy Fire Chief) (Council will recess to the parking lot for the demonstration) CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9 (One case) Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. City of Bakersfield vs Gerald D. Lucas, et al.; Kern County Superior Court Case No. 242104-RA Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Subdivision (b)(3)(C) of Government Code Section 54956.9 (One Case) REGULAR MEETING 1. INVOCATION by Monsignor Ronald Swett, St. Phillip the Apostle Church 2. PLEDGE OF ALLEGIANCE by Thomas Benham, Student Body President, Franktin Elementary School. 3. ROLL CALL 4. CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of 2001 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. b. Presentation by PG& E of a $557,212 Energy Rebate to the City of Bakersfield. 6. PUBLIC STATEMENTS APPOINTMENTS a. Appointment of Public Works Director as regular member and Assistant Public Works Director as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2004. Staff recommends approval. (Ward 4) (Ward 4) CONSENT CALENDAR Minutes: a. November 14, 2001 Council Meeting. Payments: Payments from November 2, to November 15, 2001 in the amount of $4,753,391.96; and Self Insurance payments from November 2, to November 15, 2001 in the amount of $77,228.14. Ordinances: Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-07) of Title 17 of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 10.60 acres located at the northeast corner of Jewetta Avenue and Olive Drive (ZC No. P01-0219) and an amendment to Condition No. 2 of Ordinance No. 3284 requiring applicant to develop only his proportionate share of bridge construction (Coleman Homes). (First reading 11/14/01) (Adoption) Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-26 from E (Estate) to R-1 (One Family Dwelling) on 117,08 acres, located north of Reina Road to Snow Road, between Alien Road and Jewetta Avenue (ZC P01-0520) (Centex Homes), (First reading 11/14/01) (Adoption) Ordinance amending Subsection D and an addition of Subsection F of Section 2.84.350 of the Bakersfield Municipal Code relating to Annual Vacation Leave. (First reading 11/14/01) (Adoption) -2- (Ward 4) (Ward 4) (Ward 6) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) CONSENT CALENDAR continued Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 419 to Ward 4, located along the south side of Brimhall Road, west of Jenkins Road. (First reading) Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 418 to Ward 4, located at the southwest corner or Calloway Drive and Meacham Road. (First reading) Resolutions: Resolution adding territory, Area 3-15 (McKee, Racine) 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 adopting the City of Bakersfield Disadvantaged Business Enterprise Program for use on federally funded highway improvement project in the City of Bakersfield for Fiscal Year 2001-02 Resolution in support of the B.I.G. (Business, Industry, and Government) Coalition of the Southern San Joaquin Valley. Agreements: k. Tract Maps/Improvement Agreements Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6043, Phase A, located north of Ming Avenue west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase B, located north of Ming Avenue west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase C, located north of Ming Avenue west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase D, located north of Ming Avenue west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase E, located north of Ming Avenue west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase F, located north of Ming Avenue west of Buena Vista Road. -3- (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) CONSENT CALENDAR continued Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 6043, Phase G, located north of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 6043, Phase H, located north of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 6043, Phase I, located north of Ming Avenue, west of Buena Vista Road. 10. Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract 5940, Phase A, located south of Campus Park Drive, east of Mountain Vista Drive. 11. Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract 5940, Phase B, located south of Campus Park Drive, east of Mountain Vista Drive. 12. Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract 5940, Phase C, located south of Campus Park Drive, east of Mountain Vista Drive. 13. Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 5940, Phase D, located south of Campus Park Drive, east of Mountain Vista Drive. 14. Final Map and Improvement Agreement with Castle & Cooke California Ir~c. for Tract 5940, Phase E, located south of Campus Park Drive, east of Mountain Vista Drive. 15. Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract 5940, Phase F, Iocatec~ south of Campus Park Drive, east of Mountain Vista Drive. 16. Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 5882, Phase 6A, located south of Brimhall Road, east of Allen Road. 17. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5882, Phase 6B, located south of Brimhall Road, east of Allen Road. 18. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5882, Phase 6C, located south of Brimhall Road, east of Allen Road. 19. Final Map and Improvement Agreements with Curt Carter and Arleta Carter 1991 Revocable Living Trust for Tract 6058, located at the southeast corner of Hageman Road and Main Plaza Drive. -4- (Ward 3) (Ward 6) (Ward 6) (Wards 4,5) (Ward 4) (Wards 2,5,7) (Ward 3) CONSENT CALENDAR continued Agreement with Michael Brandman Associates, $26,665 for the preparation of an environmental document to cover the construction of a Pacific Gas & Electric Substation. Agreement with the Kern High School District to continue to provide security services for school functions at Kern High School District locations. n. Agreement with Riptide Aquatics for use of Jastro Park swimming pool. Agreement with the Bakersfield Swim Club for use of Jastro Park swimming pool. License Agreement with Burlington Northern Santa Fe Railroad Company, $12,150 to allow City to construct Mohawk Sewer, Phase II sewer line under their railroad tracks. Transportation Impact Fee Agreement with Castle and Cooke California, Inc. for Tracts 5882 and 5827, located on the south side of Brimhall Road between Allen Road and Verdugo Lane. Amendment No. 3 to Agreement No. 97-283 with HTE, $17,000 for a total contract amount of $399,726, for developing multiple fee tables, Planning data conversion and four additional training days. Contract Change Order No. 5 to Agreement No. 00-309 with Griffith Company, ($42,626, for a total Contract amount of $1,111,201) for the Resurfacing/Interconnect Various Streets in the City of Bakersfield 1999-2000 Phase II Project. Bids: t. Traffic Signal and Lighting System Installation on Auburn Street at Eissler Street. 1. Accept bid to award contract to Loop Electric Company, $80,849.50 Transfer $15,000 of Capital Improvement Program Budget Appropriations from the Street Maintenance Chip/Slurry Seal Project to the Traffic Signal and Lighting System Installation on Auburn Street at Eissler Street Project within the Gas Tax Fund. Accept bid from Fire Services Specialty and Suppty, $97,938.17 for five rescue tools. -5- 8. CONSENT CALENDAR continued Miscellaneous: Nunn-Lugar-Domenici Domestic Preparedness Equipment Program Grant (Bakersfield Fire Department): Accept $64,499.62 in equipment and supplies from Nunn-Lugar-Domenici Domestic Preparedness Equipment Program Grant. (Weapons of Mass Destruction) Approve Fire Department Application for an additional $279,997 Nunn- Lugar-Domenici Domestic Preparedness Equipment Grant. Appropriate $279,997 Department of Justice grant funds to the Fire Department General Fund Operating Budget. Staff recommends adoption of Consent Calendar Items a. through v. 9. HEARINGS (Wards 2,6) Resolution confirming the report of the Chief Code Enfomement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. Staff recommends adoption of the resolution. (Wards1,2,3,5,7) 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. (Ward 4) c. Resolution/Right of Way Exchange Agreement: Resolution ordering the vacation of a portion of old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway. Right of Way Exchange Agreement with World Oil Corporation located on Coffee Road, north of Brimhall Road, south of the BNSF railroad tracks. Staff recommends adoption of the resolution and approval of agreement. -6- 10. REPORTS a. 1976 General Obligation Water Bonds Refinancing Proposal. (Greg Klimko, Finance Director) Staff recommends no action necessary. 11. DEFERRED BUSINESS 12. (Ward 3) NEW BUSINESS a. Property Acquisition Mesa Marin Sports Complex: (Staff Presentation by Stan Ford, Recreation and Parks Director) 1. Purchase Agreement with Frank A. and Virginia Collins, $650,000 to purchase real property at 1100 Kern Canyon Road. 2. Appropriate $600,000 from Park Improvement Fund Balance to the Capital Improvement Budget. 3. Appropriate $50,000 from Transportation Development Fund Balance to the Capital Improvement Budget. Staff recommends approval of agreement and appropriations. 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\CounciI~,AGENDA\NOV2801 ,wpd November 20, 2001 (2:14pm) -7- BAKERSFIELD MEMORANDUM November 21,2001 TO: FROM: THROUGH: SUBJECT: HONORABLE MAY,,,qOR~TAND CITY COUNCIL JOHN W. STINSOIq, ASSISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - NOVEMBER 28, 2001 COUNCIL MEETING PRE-MEETING There are three workshops: 1) A presentation of a Commendation Plaque by Mayor Hall to David Lyman, Principal Planner; 2) An overview of the Fire Department Swift Water Rescue Program by Captain Tim Lynch; and 3) A demonstration of Light Air Van by Deputy Fire Chief Gary Hutton. There are three closed sessions. Two are regarding anticipated litigation and one is for existing litigation regarding the City vs Gerald D. Lucas. APPOINTMENTS Appointment of the Public Works Director as regular member and Assistant Public Works Director as the alternate member to the Board of Zoning Adjustment to terms expiring December 31,2004. Current terms expire December 31,2001. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance adopting a Neqative Declaration and chanaina the zonina from R-1 lOne-Family Dwelling} tO C-2/PCD (Reqional Commemial/Planned Commercial Development} on 10.60 acres located at the northeast corner of Jewetta Avenue and Olive Drive. The City Council approved the negative declaration and gave first reading of the ordinance on November 14, 2001. No one spoke in opposition to the proposed project. HONORABLE MAYOR AND CITY COUNCIL November 21,2001 Page -2- Item 8d. Ordinance adoptina the Neaative Declaration and amendin(~ the Municipal Code and Zonina MaD from E CEstate3 to R-1 (One Family Dwellinq) on 117.08 acres, located north of Reina Road to Snow Road. between Allen Road and Jewetta Avenue. This ordinance was given first reading at the November 14, 2001 City Council meeting. No one spoke in opposition at the November 14~ hearing or at the Planning Commission hearing. Item 8e. Ordinance amendina Subsection D and an addition of Subsection F of Section 2.84.350 of the Municipal Code relatina to Annual Vacation Leave. This ordinance was given first reading at the November 14, 2001 City Council meeting. No one spoke in opposition. Item 8f. Ordinance amendin(3 the Municipal Code by addinq Annexation No. 419 to Ward 4, located alono the south side of Brimhall Road. west of Jenkins Road. The owners of this property requested annexation to be able to receive City services. This property is located along the south side of Brimhall Road, west of Jenkins Road. The site consists of approximately 40 acres of undeveloped land. Plans have been approved to develop single family residential on half the site. The annexation was approved by LAFCO and became part of the City on November 16, 2001. Item 8a. Ordinance amendina the Municipal Code by adding Annexation No. 418 to Ward 4, located at the southwest corner of Callowav Drive and Meacham Road. The owners of this property requested annexation to be able to receive City services. This property is located on the southwest corner of Calloway Drive and Meacham Road and consists of approximately 3.65 acres. The site is planned to be developed with a church facility. The annexation was approved by LAFCO and became part of the City on October 25, 2001. Resolutions: Item 8h. Resolution addino territory to Area 3-15 ~McKee. Racine~ to the Consolidated Maintenance District and confirming the assessments, aporovina the Public Works Director's Report and authorizina collection of assessments by the Kern County Tax Collector. On November 14, 2001, the Council adopted the Resolution of Intention to add Area 3-15 to the Consolidated Maintenance District. This area is generally bounded by McKee Road on the north, a line 1/4 mile west of Wible Road on the east, a line 600 feet south of McKee Road on the south and a line 660 feet east of Akers Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. Item 8i. Resolution adoptina the City of Bakersfield Disadvantaaed Business Enterprise Proqram for use on federally funded hiahwav improvement proiects in the City of Bakersfield for Fiscal Year 2001-02. Federal regulations require recipients of US Department of Transportation (DOT) funds to develop specific plans and establish a Disadvantaged Business Enterprise (DBE) program. In 1983 this Federal DBE program was enacted to create a "level playing field" by ensuring that firms competing for DOT-assisted contracts are not disadvantaged. Using the methodology described in the program, the City's 2001-02 overall goal for DOT-assisted contracts has been computed to be 18%. The goal is for 18% of Federal Highway Administration funds received by the City to go to DBE firms as certified by CalTrans. This resolution also includes that upon adoption of this year's DBE program, approval of future programs be designated to the Public Works Director or his designee in order to streamline the annual approval process required by the California Department of Transportation. HONORABLE MAYOR AND CITY COUNCIL November 21, 2001 Page -3- Item 8i. Resolution in support of the B.I.G. (Business, Industry, and Government) Coalition of the Southern San Joaauin Valley. Costs to local governments, business, industry and local taxpayers in California, especially in Kern County, are skyrocketing due to State and Federal mandates. Cities in the San Joaquin Valley are forming a coalition with the building industry associations and other business groups in their respective communities called B.I.G. (Business, Industry, and Government) Coalition of the Southern San Joaquin Valley. The B.I.G. Coalition was formed to provide a unified voice for important issues that are common to government, business and trade associations in the region. B.I.G. Coalition is needed to compete with the legislative power of the San Francisco Bay Area and Greater Los Angeles. This resolution states that the B.hG. Coalition will communicate its positions and concerns to state and federal officials where business and government agree on their positions. The Building Industry of Kern County has sent a letter in support of B.I.G., which requests the City to adopt the resolution. The letter is included in your packet. Numerous cities, business groups and building industry associations in the Southern San Joaquin Valley have adopted similar resolutions of support. Aqreements: Item 81. Agreement with Michael Brandman Associates for $26.665 for the PreParation of an environmental document to cover the construction of a Pacific Gas & Electric Substation. This project involves the construction of a Pacific Gas & Electric Substation on the east side of Morning Drive north of Paladino Drive. The substation construction is necessary to development in the northeast. This project will be developed in coordination with the water facility currently under construction by California Water Service. Both facilities are located on an 80 acre parcel which has frontage on Morning Drive. A power line will be constructed from the area adjacent to the Bear Mountain Cogeneration Plant to the new substation a distance of approximately two miles. The Public Utility Commission desires an environmental document for the substation that is 'liered" off the City in the Hills Environmental Impact Report (EIR). Michael Brandman Associates prepared that EIR and is the logical choice to prepare this environmental document. The contract amount is $26,665. .Funding is currently available within the Water Resources Department Capital Improvement budget. Item 8m. Agreement with the Kern Hiah School District to continue to orovide security services for school functions at Kern High School District locations. This agreement will allow the District to continue to use peace officers including Reserves, when available, at school functions, and will replace the current agreement, which terminates December 31,2001. The District will compensate the City for these services. Peace officers performing this extra duty assignment shall be paid at the rate of one and one-half times their hourly rate, provided that each such officer shall be entitled to a minimum of three hours pay for each such assignment. For police reserve officers who perform such voluntary assignments, the District shall pay the City $60.00 per reserve for the first four hours, or any portion thereof, and $15.00 for each additional hour for each activity/function. The term of this agreement is for three years, commencing on January 1, 2002. HONORABLE MAYOR AND CITY COUNCIL November 21,2001 Page -4- Item 8n. Aareement with Riotide AQuatics for use of Jastro Park swimming P0ol. Riptide Aquatics competitive swim team desires to enter into an agreement with the City for use of the swimming pool at Jastro Park. Their swim team practices year-round and is requesting use of the pool twice a day during the morning hours. The agreement is similar to previous agreements the Council has approved with other aquatic clubs utilizing City pool facilities. Item 80. Aareement with the Bakersfield Swim Club for use of Jastro Park swimming pool. The Bakersfield Swim Club competitive swim team desires to enter into an agreement with the City for use of the swimming pool at Jastro Park. Their swim team practices year-round and is requesting use of the pool twice a day during the evening hours. The agreement is similar to previous agreements the Council has approved with other aquatic clubs utilizing City pool facilities. Item 8D. License Aareement with Burlinaton Northern Santa Fe Railroad Comoany for $12,150 to allow the Citv to construct Mohawk Sewer. Phase II sewer line under their railroad tracks. The sewer system serving the area west of Highway 99 and adjacent to Rosedale Highway requires continual maintenance and is inadequate to meet projected growth. This sewer line will serve the growing area and eliminate the Highway 99 overcrossing. These agreements will allow the City to construct the sewer under the Burlington Northern Santa Fe Railroad tracks along Mohawk Avenue. Sufficient funds have been budgeted to cover the costs of these license agreements. Item 8q. TransPortation Impact Fee Aareement for Tracts 5882 and 5827 located on the south side of Brimhall Road between Allen Road and Verduao Lane. Castle and Cooke California, Inc. has constructed a portion of Brimhall Road, which includes one west bound lane and one east bound lane between Allen Road and Jewetta Avenue and one east bound lane between Jewetta Avenue and Verdugo Lane. These improvements are listed on the Transportation Impact Fee Facilities list. Castle and Cooke has requested that all of the transportation impact fee credit available for this improvement be applied to lots within Tract 5882. Their credit available is approximately $189,713. Item 8r. Amendment to Aareement with HTE fo develoDina multiole fee tables. Plannina data conversion and four additional trainina davs ($17,000 for a total contract amount of $399,726). On June 13, 2001, the City Council approved the purchase of software for the Development Services Department from H.T.E., Inc. to replace the current permitting system with H.T.E.'s building permitting modules. The building permit system application calculates the building fees; however, determining and calculating fees for assessment districts is also part of this permitting system. This is not the case for most jurisdictions and, therefore, not considered a standard feature in H.T.E.'s building permit system module. This amendment to the agreement is for H.T. Eo to develop multiple fee tables associated with assessment districts, so that when a building permit is issued, the assessment district fees are calculated. It will also be necessary to perform a "conversion" of the Planning permit database in addition to the Building permits. This agreement provides $13,000 for the HTE system changes and $4,000 for an additional four days of training needed for Development Services and Public Works staff. The total cost is $17,000 and is available in the Building Division's Capital Outlay budget. HONORABLE MAYOR AND CITY COUNCIL November 21, 2001 Page -5- Item 8s. Contract Chanoe Order ($42.626 for a total contract amount of $1.111.201 ~ to A(]reement No. 00-309 with Griffith Company for the resurfacino/interconnect various streets in the City of Bakersfield 1999-2000 Phase II Proiect. This project includes the installation of traffic signal interconnect conduit and resurfacing various streets with asphalt concrete. As part of the resurfacing effort on Chester Avenue, broken concrete gutters are being removed and replaced to keep water from reaching the areas under the newly resurtaced pavement areas. Staff had initially identified areas to be replaced, however, since that time, more concrete gutter deterioration has occurred and an additional 6,000 square feet of gutter has been identified that needs to be replaced. Based on unit prices, the cost for this work totals $42,626. This work is funded 88% by Federal gas tax funds and 12% by State gas tax funds. Sufficient funds are available within the project to cover the cost of this change order. Bids: Item 8t. Award bid for traffic siqnal and lightinq system installation on Auburn Street at Eissler Street to Loop Electric Comoanv in the amount of $80.849.50: and transfer $15,000 of CIP Budget aPPropriations from the Street Maintenance Chip/Slurry Seal Project to the Traffic Signal and Liahtin(] System Installation on Auburn Street at Eissler Street Project within the Gas Tax Fund. This project is budgeted in the current fiscal year within the ISTEA Fund and the Gas Tax Fund. An additional $15,000 must be appropriated for the Iow bid to be awarded. Three acceptable bids were received and staff recommends award to Loop Electric. Item 8u. Award bid for five rescue tools to Fire Services Specialty and Supply in the amount of $97.938.17. One acceptable bid was received bythe deadline, with another bid received several hours late. The acceptable bid is within the budgeted amount and staff recommends award to Fire Services Specialty and Supply. Miscellaneous: Item 8v. Acceot $64.499.62 in eauiDment and supplies from Nunn-Lugar-Domenici Domestic Preparedness Eauioment Proaram Grant. {Weaoons of Mass Destruction) Approve Fire Deoartment aoolication for an additional $279,997 Nunn-Luaar-Domenici Domestic Preparedness Eauipment Grant. Aoorooriate $279.997 Department of Justice grant funds to the Fire Department General Fund oDeratina budaet. The U.S. Department of Justice funded approximately $200,000 in equipment and supplies for Kern County Fire, Kern County Environmental Health and the Bakersfield Fire Department. The City's portion was $64,499.62. The equipment and supplies have been received. In addition, the Department of Justice is providing funds for the purchase of specialized training equipment for fire, emergency medical, hazardous materials response services and law enforcement agencies as part of the Nunn-Lugar-Domenici Domestic Preparedness Program. These funds represent the equipment component of a broader initiative designed to enhance the response capability of designated cities to respond to acts of terrorism involving the use of weapons of mass destruction. This is a grant that cannot be denied, but our "wish list" has to be approved during the grant application process. The City is the lead agency for these purchases; however, $19,092 is for local hospitals, $51,405.46 is for the Kern County Fire Department and $209,499.53 is for the Bakersfield Fire Department. HONORABLE MAYOR AND CITY COUNCIL November 21,2001 Page -6- HEARINGS Item 9c. Resolution orderina the vacation of a portion of old (superseded) Coffee Road south of the Burlinaton Northern Santa Fe Railway; and riaht of way exchanae aoreement with World Oil Corporation located on Coffee Road, north of Brimhall Road, south of the BNSF railroad tracks. The City is petitioning for the vacation of this portion of Coffee Road in exchange for additional road right of way needed for slope repair on realigned Coffee Road south of the BNSF overcrossing. The vacated roadway and the additional right of way both are situated on land owned by World Oil Corporation. On October 24, 2001, the Council adopted the Resolution of Intention declaring its intention to order the vacation of a portion of old (superseded) Coffee Road south of the BNSF Railroad. On August 14, 2001, the City entered into a Dispute Resolution Agreement with Granite Construction Company to obtain the right of way owned by World Oil Corporation for the removal and repair of the Coffee Road overpass retaining wall. With this right of way exchange agreement, the City agrees to exchange a portion of old Coffee Road right of way and World Oil Corporation shall deed to the City that area necessary to remove the retaining wall and complete the slope and drainage to a uniform condition with the rest of the overpass. Staff recommends adoption of the resolution and approval of the right of way exchange agreement. REPORTS Item 10a. Oral report regardina refinancina 1976 General Obliqation Water Bonds. Finance Director Gregory Klimko will provide an overview of the staff proposal to refinance the 1976 General Obligation Water Bonds, which have a scheduled final maturity on December 15, 2006. The refinancing should produce a $45,000 to $50,000 annual savings over the next five years. NEW BUSINESS Item 12a. ProPerty acauisition of Mesa Marin Sports Complex: 1 ) purchase aqreement for $650.000 with Frank A. and Virginia Collins to purchase real property at 1100 Kern Canyon Road; 2) appropriation of $600,000 from Park Improvement Fund Balance to the Capital Improvement Budqet; and 3) aooropriati0n of $50,000 from Transportation Development Fund Balance to the Capital Improvement Budget. The property is located south of State Route 178 immediately north of Mesa Marin Raceway and encompasses approximately 20 acres. The purchase includes the softball facilities as well as several related buildings on the site. The purchase price of $650,000 consists of $100,000 for land funded by park acquisition fees, $500,000 for improvements funded by park development fees, and $50,000 from Transportation Development Fund for costs of a required deceleration lane into the property. There have been several unsuccessful attempts to operate the softball facility by several private groups and it has fallen into disrepair. The cost to acquire this facility would be considerably less than the cost for the City to construct a similar new facility. The opportunity to acquire the site is consistent with the need for park facilities in the northeast and the residential development planned for the area. It is anticipated the pace of bringing the facility back on line and up to current standards will be determined by future budget constraints and the rate of growth in the area. It is likely that it will be accomplished in phases based on available resources over the next two to three years. HONORABLE MAYOR AND CITY COUNCIL November 21,2001 Page -7- Also included in the agreement is a plan to hook up to Cai-Water to provide consistent quality water to the property. These costs will be shared by the City and the property owner, and the City's share should not exceed $35,000. Staff will return to appropriate these funds when the amount becomes certain. AT,JWS:jp cc: Department Heads City Clerk's Office News Media File S:~AGN_HIGH~01 Nov28.v~d November 20, 2001 ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Workshop ITEM: 2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall November 19, 2001 DEPARTMENT HEAD ~R.O~ED ClT~ AI'TORNEY ClTY MANAGER (~ Presentation by Mayor Hall of Commendation Plaque to David Lyman, Principal Planner, in recognition of his commitment to the California Association of Enterprise Zones. RECOMMENDATION: BACKGROUND: November 19, 2001, 10:21am ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Workshop ITEM: 2.b. & c. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief November 15, 2001 DEPARTMENT HEAD ClTY MANAGER SUBJECT: Workshops: Overview of Fire Department Swift Water Rescue Program (Tim Lynch, Captain) b. Demonstration of Light Air Van (Gary Hutton, Deputy Fire Chief) RECOMMENDATION: BACKGROUND: kec November 15, 2001, 12:05pm P:~Admin Report\Light Air Van Swift Water Rescue Workshops.wpcl ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Closed Session ITEM: ~. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, CityAttomey November 16, 2001 APPROVED DEPARTMENT HEAD ClTYATTORNEY CITY MANAGER Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(1) of Government Cede section 54956.9. (One case.) RECOMMENDATION: BACKGROUN~ BJT:laa NO28CA2..CS November 16, 2001, 10:13am ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Bart J. Thiltgen, City Attorney November 16, 2001 DEPARTMENT HEAD CITY A'R'ORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. Gerald D. Lucas, et al.; Kern County Superior Court Case No. 242104-RA RECOMMENDATION: BACKGROUN~ BJT:las NO28CA1 .CS November 16, 2001, 9:24am ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Closed Session ITEM: ~. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 19, 2001 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER APPROVED Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (bX3XC) of Government Code section 54956.9. (One case.) RECOMMENDATION: BACKGROUN~ BJT:las NO28CA3.CS November 19, 2001, 4:07pm ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 IAGENDA SECTION: Presentations ITEM: 5 .a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Rhonda Smiley, Office Admin. / Public Rel. November 1, 2001 APPROVED DEPARTMENT HEAD ~ CITY A'R'ORNEY ~ ClTY MANAGE~ Presentation by Rhonda Smiley, Office Administrator / Public Relations to department winners of 2001 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: October 26. 2001, 8:26am P:~.dminRepo~ts&Related~dm-2001~Excellence in Action - Presentation 102601.wpd AC:al ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 IAGENDA SECTION: Presentations ITEM: 5 o b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 6, 2001 APPROVED DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER~"/~ Presentation by PG&E of a $557,212 energy rebate to the City of Bakersfield. RECOMMENDATION: Staff recommends acceptance of rebate. BACKGROUND: On January 31,2001, Council approved an appropriation of $557,212 for the purchase and installation of Light Emitting Diode (LED) green lights. The green lights at all traffic signals within the City's limits were changed from incandescent to LED which are operationally more cost effective. Pacific Gas & Electric Company estimated the City's annual electricity cost savings to be over $150,000. This project qualified for Pacific Gas & Electric Company's rebate program, which reimbursed the City 100% of the original appropriation. PE: uts G:/GROUP DAT/,~DMIN RPT/PG&E REBATE Noeember 6, 2001, 12:59pm ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 IAGENDA SECTION: Appointments ITEM: ?. a o TO: Honorable Mayor and City Cou~ ~ APPROVED FROM: Pamela A. McCarthy, City Clerl~.~ DEPARTMENT HEAD (~x.J-'-c~_ DATE: November~-19' 2001 Cl'l~ ATFORNEY CITY MANAGER _ SUBJECT: Appointment of Public Works Director as regular member and Assistant Public Works Director as the alternate member to the Board of Zoning Adjustment, terms expiring December 1,2004. RECOMMENDATION: Staff recommends approval. BACKGROUND: There are currently two appointments to the Board of Zoning Adjustment due to the expiration of terms of the Public Works Director, Regular Member, and Assistant Public Works Director, Alternate Member. Both terms expire December 1,2001. The Board of Zoning Adjustment is an advisory body to the City Council, composed of three (3) staff members and appointed by the full Council. The Board administers zoning ordinances, modifications to zoning standards and conducts hearings rendering decisions on applications for conditional use permits and modifications subject to the provisions of the zoning ordinance regulating the granting of the permits. Meetings are held the second Tuesday of each month at 3:00 p.m., in the Council Chambers. November 19, 2001, 4:10pm ADMINISTRATIVE MEETING DATE: November 28, 2001 TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk October 10, 2001 SUBJECT: Minutes of November 14, 2001Council Meeting. REPORT AGENDA SECTION: Consent Calendar ITEM: 8.a. DEPARTMENT HEAD CITY ATFORNEY APPROVED N/A CITY MANAGER RECOMMENDATION: BACKGROUND: bz S:\Council~admins~AD MINS\NOV2801 .wpd November 16, 2001, 1:14pm ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 16, 2001 APPROVED DEPARTMENT HEAD/'~x'~ 2,~~ CITY ATTORNEY ~ CITY MANAGER ~ Approval of department payments from November 2, 2001 to November 15, 2001 in the amount of $4,753,391.96 and self insurance payments from November 2, 2001 to November 15, 2001 in the amount of $77,228.14. RECOMMENDATION: Staff recommends approval of payments totaling $4,830,620.10 BACKGROUND: S:\KimG\Forms & Lables~ADMIN-AP,wpd klg ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 14, 2001 APPROVED DEPARTMENT A rOR,E ClTY MANAGER SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-07) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 10.60 acres located at the northeast corner of Jewetta Avenue and Olive Drive (ZC #P01-0219) and an amendment to condition number 2 of Ordinance No. 3284 requiring applicant to develop only his proportionate share of bridge construction. (Ward 4) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: The applicant's proposed C-2 zone change would allow commercial development on 10.60 acres. The PCD overlay zone requires review and approval of development plans prior to construction to ensure that future development is compatible with surrounding land uses and that any impacts, which may be created by such development, will have a minimum impact on the surrounding land uses. Amendment to Public Works condition number 2 Ordinance No. 3284 would allow the applicant to participate only in the subject sites proportionate share of bridge construction. The City Council approved the Negative Declaration, General Plan Amendment P01-0219 and gave first reading of the ordinance on November 14, 2001. The General Plan Amendment was approved without changes at the City Council hearing. No one spoke in opposition to the proposed project. The Planning Commission approved the Negative Declaration, general plan amendment and zone change on September 20, 2001. RED:pit (admin~nov\l 1-28-0219) November 16.2001, 8:11am ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent TEM: 8. d. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 14, 2001 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED SUBJECT: An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 101-26 from E (Estate) to R-1 (One Family Dwelling) on 117.08 acres generally located north of Reina Road to Snow Road, between Allen Road and Jewetta Avenue (ZC P01-0520). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This item was given first reading at the November 14, 2001 Council meeting. This zone change would permit the development of single family residential units. The property owner has received County approval of a tentative tract and this will allow that development to occur when annexed to the City. The surrounding area is being developed or has tract approvals for residential. The majority of the section of land is being annexed to the city. The site is known as the Reina No. 3 Annexation and is in process. No one spoke in opposition at the November 14th Council hearing or at the Planning Commission hearing. The attached ordinance includes conditions placed on the project at the City Council hearing (first reading) of November 14, 2001, requiring a minimum lot size of 7,200 square feet and radial design of cul-de-sac lots. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on August 6, 2001, in accordance with CEQA. MO:pjt (admin\oct\l 1-28-0520) November 15, 2001, 4:29pm ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8.e. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: November 19, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance amending Subsection D and an addition of Subsection F of Section 2.84.350 of the Bakersfield Municipal Code Relating to Annual Vacation Leave. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was at the Council meeting held on November 14, 2001. These amendments are necessary to reflect the annual vacation accruals (maximum balance) that were agreed to with the employees of the General Supervisory, Police Supervisory and Management Units. In essence, the amendments reflect the changes to vacation accrual that the Council has already approved when it passed the Resolution setting salaries and related benefits for these employees on August 22, 2001. This Ordinance, therefore, provides that employees in the General Supervisory, Police Supervisory and Management Units will now be allowed to accrue a maximum balance up to 3 years worth of vacation where they had previously been allowed to accrue 2 years worth. BJT/RMS:dlr S:\COU NClL'~,drn ins\Vacati on,~,ccmal O rdA m d.w pd November 19, 2001, 9:42am ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Consent ITEM: 8 o f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 5, 2001 APPROVED DEPARTMENT HEAI~ CITY ATTORN/E~f 2~~' CITY MANAGER An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 419 to Ward 4, located along the south side of Brimhall Road, west of Jenkins Road. (Ward 4) RECOMMENDATION: Staff recommends first reading of Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 419 area into the corresponding Council ward. The annexation was approved by LAFCO and complete and in the City on November 16, 2001. Estimated Annexation Ward No. Population Annexation No. 419 4 0 Annexation No. 419 is located along the south side of Brimhall Road, west of Jenkins Road. The site consists of 40 +/- acres of land. The site is currently undeveloped and plans have been approved to develop single family residential on half the site. The property owners requested annexation to receive city services. (MO:pjt) (admin~nov\11-28--a419) November 5, 2001, 3:39pm ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent ITEM: 8. g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 5, 2001 AP P..ROV.~O D EP AR TMENT H EAD~'/~ / An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 418 to Ward 4, located at the southwest corner of Calloway Drive and Meacham Road. (Ward 4) RECOMMENDATION: Staff recommends first reading of Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 418 area into the corresponding Council ward. The annexation was approved by LAFCO and complete and in the City on October 25, 2001. Estimated Annexation Ward No. Population Annexation No. 418 4 0 Annexation No. 418 is located southwest corner of Calloway Drive and Meacham Road. The site consists of 3.65 +/- acres of land. The site will be developed with a church facility. The property owners requested annexation to receive city services. (MO:pjt) (admin\nov\l 1-28-a418) November 5, 2001, 3:20pm REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.h. TO: Honorable Mayor and City Council APPROVED FROM: Raul M Rojas DEPARTMENT HEAD //~--~ Public Works Director CITY ATTORNEY October 26, 2001 DATE: SUBJECT: CITY MANAGER _(~.~ _~ Resolution adding territory, Area 3-15 (McKee, Racine) 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 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On November 14, 2001 the Council adopted Resolution of Intention No. 1259 to add territory, Area 3-15 (McKee, Racine), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No 5632. Area 3-15 is generally bounded by McKee Road on the north, a line 1/4 mile west of Wible Road on the east, a line 600 feet south of McKee Road on the south and a line 660 feet east of Akers Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. 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 the subdivision map. A copy of this covenant is attached for reference. Lvd October 24, 2001, 4:29PM S:\PROJECTS\MAINDIST~ADMINRPT~md3-15re01.wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 9, 2001 APPROVED DEPARTMENT HEAD CITY A'I-DO R N EY~/,~ CITY MANAGER Resolution adopting the City of Bakersfield Disadvantaged Business Enterprise (DBE) Program for use on federally funded highway improvement projects in the City of Bakersfield for Fiscal Year 2001-02. (All Wards) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Federal regulations require recipients of U.S. Department of Transportation (DOT) funds establish a Disadvantaged Business Enterprise (DBE) program. The Federal DBE program was enacted by Congress in 1983 to create a "level playing field" for DBE's by ensuring that firms competing for DOT-assisted contracts are not disadvantaged by unlawful discrimination. The Resolution also includes a recital, that upon adoption of this year's Program, approval of future Programs be designated to the Public Works Director or his designee, thereby streamlining the annual approval process required by the California Department of Transportation. Using the methodology described in the program, the City of Bakersfield's 2001-02 overall goal for DOT- assisted contracts has been computed to be 18%. The goal is for 18% of Federal Highway Administration funds received by the City to go to DBE firms as certified by CalTrans. Notices regarding the City of Bakersfield's DBE Program have been advertised in 4 publications, in addition to the notice appearing on the City's website. The public comment period is 45 days from date of publication pursuant to Federal Regulations. This notification period is over on November 29, 2001. To date, no comments have been received. This resolution will be submitted to CalTrans along with the City of Bakersfield's "DBE" Program for their approval. November 9, 2001, 8:33am G:\GROUPDAT~ADMINRP~2001\Nov28\DBE Program 01_02.wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent ITEM: 8o.j. r TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager November 13, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITYMANAGER Resolution in support of the B.I.G. (Business, Industry, and Government) Coalition of the Southern San Joaquin Valley RECOMMENDATION: Staff recommends adoption of the Resolution BACKGROUND: Cities in the San Joaquin Valley are forming a coalition with the building industry associations in their respective communities called the B.I.G. (Business, Industry, and Government) Coalition of the Southern San Joaquin Valley. The B.I.G. Coalition was formed to provide a unified voice for important issues that are common to government, business and trade associations in the region. The B.I.G. Coalition is needed to compete with the legislative power of the San Francisco Bay Area and Greater Los Angeles. The resolution before the City Council states that the B.I.G. Coalition will communicate it's positions and concerns to state and federal officials where business and government agree on their positions. The issues and positions that are generally agreed upon include: 5. 6. 7. 8. Local control of State standards affecting housing affordability. Build and sustain collaborative partnerships with all entities involved in improving Kern County's economy, workforce development, attraction of new businesses, as well as retaining and expanding existing businesses. Retention of local control over service levels. Application of the prevailing wage requirement to reflect local conditions. Full funding of State-mandated services - enforcement of SB90. Retention of locally imposed fines and taxes for local use and distribution. Resist additional layers of government that undermine local control. Support fair allocation of public investment for transportation, water, wastewater, and education infrastructure. Support development of rational local government financing mechanisms. The Building Industry of Kern County has sent a letter of support for the resolution, which is attached. Most cities and building industry associations in the Southern San Joaquin Valley have adopted similar resolutions of support. November 13, 2001 (1:19pm) S:~Adrnin Rpts~001\business 112801.wpd ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar TEM: 8. k. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) (7) (6) (9) (10) Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 7, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6043 Phase A located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase B located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase C located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase D located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase E located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase F located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase G located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase H located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043 Phase I located north of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940 Phase A located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 4) dns November 8, 2001, 10:17am G:\GROUPDAT~ADMINRPT~2.001\Nov28\MAPS&IMPAGR.wpd ADMINISTRATIVE REPORT Page 2 (11) (12) (13) (14) (15) (16) (17) (18) (19) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940 Phase B located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940 Phase C located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5940 Phase D located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5940 Phase E located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940 Phase F located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 4) Final Map and Improvement Agreement with Castle and Cooke California, Inc. for Tract 5882 Phase 6A located south of Brimhall Road and east of Allen Road. (Ward 4) Final Map and Improvement Agreement with Castle and Cooke California, Inc. for Tract 5882 Phase 6B located south of Brimhall Road and east of Allen Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5882 Phase 6C located south of Brimhall Road and east of Allen Road. (Ward 4) Final Map and Improvement Agreements with Cud Carter and Arleta Carter 1991 Revocable Living Trust for Tract 6058 located at the southeast corner of Hageman Road and Main Plaza Drive. (Ward 4) RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited tod, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW dns November 8, 2001, 10:17am G:\GROUPDAT~ADMINRPT~2001\Nov28\MAPS&IMPAGRwpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 5, 2001 .~_jPP2VED DEPARTMENT HE/~ J CITY ATTO RN EZ~"'Y,//~r~~'~' CITY MANAGER Agreement with Michael Brandman Associates $26,665 for the preparation of an environmental document to cover the construction of a Pacific Gas & Electric Substation. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The project involves the construction of a Pacific Gas & Electric Substation on the east side of Morning Drive north of Paladino Drive. The substation power line construction is a necessary prelude to development in Northeast Bakersfield. This project will be developed in coordination with the water facility currently under construction by California Water Service. Both facilities are located on an 80 acre parcel which has frontage on Morning Drive. A power line will be constructed from the area adjacent to the Bear Mountain Cogeneration Plant to the new substation, a distance of approximately two miles. The Public Utility Commission will be utilizing this environmental document in their permit process for the substation. They desire an environmental document which is "tiered" off the City in the Hills Environmental Impact Report (EIR). Michael Brandman Associates prepared that EIR and is the logical choice to prepare this environmental document. The contract amount is $26,665. Funding for this product is currently available within the Water Resources Department Capital Improvement budget. MG:pjt (adrnin\nov\11-28-mb) November 19, 2001, 4:23pm ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. m o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police November 14, 2001 APPROVED DEPARTMENT HEAD~ ClTY ATTORNEY ~ CITY MANAGER An agreement with the Kern High School District to continue to provide security services for school functions at Kern High School district Locations. RECOMMENDATION: Staff recommends adoption of the Agreement. BACKGROUND: This Agreement allows the District to continue to use peace officers (includin'g Reserves), when available, at school functions. The District will compensate the City for these services. This Agreement replaces Agreement 99 -10, which terminates December 31, 2001. Peace officers performing this extra duty assignment shall be paid for such work at the rate of one and one- half times their hourly rate for each hour worked, provided that each such officer shall be entitled to a minimum of three hours pay for each such assignment. For services of the police reserve officers who perform such voluntary assignment, the District shall pay the City sixty dollars ($60.00) per individual reserve for the first four (4) hours and fifteen ($15.00) for each additional hour for each activity or function. rcu November 14, 2001, 9:22am S:\HQ\KHSDAgree November 28-01 .wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: Honorable Mayor and City Council APP,,R~OVED FROM: Stan Ford, Recreation and Parks Director DEPARTMENT HEAD DATE: November 15, 2001 CITY ATTORNEY ~/'~- CITY MANAGER SUBJECT: 1. Approval of Agreement with Riptide Aquatics for use of Jastro Park swimming pool. (Wards 6.) RECOMMENDATION: * Staff recommends approval of the Agreements. BACKGROUND: Riptide Aquatics competitive swim team desires to enter into an Agreement with the City of Bakersfield for use of the City's swimming pool at Jastro Park. The swim team practices year-round and competes under the auspices of United States Swimming, Inc. The swim team is requesting use of the Jastro Park swimming pool twice a day. In general, Riptide will utilize the facility du~:ing the morning hours. The Agreement is similar in nature to previous agreements the City Council has approved with other aquatic clubs utilizing City's swim facilities. According to the Master Fee Schedule, use of City swimming pools is charged at $80 for two (2) hours. This is reflective of the "pool-party" nature of such events. The cost also includes lifeguards. Staff proposes that the pool rental rate for the above teams be $28 per hour given the high quantity of usage and the fact they do not require lifeguards. In addition, $28 per hour is the same rate that the City charged other swim clubs and the Kern High School District for the rental of City pools during its high school swim season and prior to its execution of the current shared facility agreement with the City. Since the proposed $28 rate is lower than the listed Master Fee Schedule, the contract is presented to Council for approval. VG:alj S:~Aquatics~Josh~Admin Reporf.wpd November 15, 2001 NO28CA.CC ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar TEM: 8. o. TO: Honorable Mayor and City Council APp~i~,VED FROM: Stan Ford, Recreation and Parks Director DEPARTMENT HEAD DATE: November 15, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: 1. Approval of Agreement with the Bakersfield Swim Club for use of Jastro Park swimming pool. (Wards 6.) RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: The Bakersfield Swim Club competitive swim team desires to enter into an Agreement with the City of Bakersfield for use of the City's swimming pool at Jastro Park. The swim team practices year-round and competes under the aus. pices of United States Swimming, Inc. The swim team is requesting use of the Jastro Park swimming pool twice a day. In general, the Bakersfield Swim Club will practice during the evening hours. The Agreement is similar in nature to previous agreements the City Council has approved with other aquatic clubs utilizing City's swim facilities. According to the Master Fee Schedule, use of City swimming pools is charged at $80 for two (2) hours. This is reflective of the "pool-party" nature of such events. The cost also includes lifeguards. Staff proposes that the pool rental rate for the above teams be $28 per hour given the high quantity of usage and the fact they do not require lifeguards. In addition, $28 per hour is the same rate that the City charged other swim clubs and the Kern High School District for the rental of City pools during its high school swim season and prior to its execution of the current shared facility agreement with the City. Since the proposed $28 rate is lower than the listed Master Fee Schedule, the contract is presented to Council for approval. VG:alj S:~AquaticsUosh~:~iptide Admin Report.wpd November 15, 2001 NO28CA.CC ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 8, 2001 APPROVED DEPARTMENT HEAD ~h~ A OR.EY CITY MANAGER (~)~ SUBJECT: License Agreements with Burlington Northern Santa Fe Railroad Company, to allow City to construct Mohawk Sewer, Phase 11 sewer line under their railroad tracks. ($12,150) (Wards 4 and 5) RECOMMENDATION: Staff recommends approval of License Agreements. BACKGROUND: The sewer system serving the area west of Highway 99 and adjacent to Rosedale Highway requires continual maintenance and is inadequate to meet projected growth. The planned Mohawk Trunk sewer line will serve the growing area and eliminate the Highway 99 crossing. These licenses will allow the City to construct the sewer under the Burlington Northern Santa Fe Railroad tracks along Mohawk Avenue. Pre-qualification of contractors has been completed, and the bidding period will start by the end of the year. Sufficient funds have been budgeted to cover the cost of the Licenses. dns November 8, 2001, 11:30am G:\GROUPDAT',ADMtNRP'P2,001',Nov28~BNSF Lic Agmt,wpd ADMINIST TIVE REPORT IMEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director November 9, 2001 DEPARTMENT HEAD CITY ATFORN EY~~__ CITY MANAGER Transportation Impact Fee Agreement for Tracts 5882 and 5827 located on the south side of Brimhall Road between Allen Road and Verdugo Lane. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Castle and Cooke California, Inc. has constructed a portion of Brimhall Road between Allen Road and Verdugo Road. Of the improvements constructed by Castle and Cooke, one west bound lane and one east bound lane between Allen Road and Jewetta Avenue and one east bound lane between Jewetta Avenue and Verdugo Road is listed on the Transportation Impact Fee Facilities List. Castle and Cooke has requested that all of the transportation impact fee credit available from this improvement be applied to lots within Tract 5882. The credit available is approximately $189,713. PE: uts G:~GROUPDAT~ADMINRpT~2001~Nov28~TIF Credit Brimharl.wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar TEM: 8. r. TO: FROM: DATE: Honorable Mayor and City Council Robert Trammell, M.I.S. Director ~/' November 20, 2001 APPROVED DEPARTMENT HEAD~/ CITY ATTORNEY ClTY MANAGER ~ SUBJECT: Amendment No. 3 to Agreement 97-283 with HTE for developing multiple fee tables, Planning data conversion and 4 additional training days ($17,000 for a total contract amount of $399,726. (All wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: On June 13, 2001, the City Council approved the purchase of software for the Development Services Department from H.T.E., Inc. This software replaces the current permitting system with H.T.E's building permitting modules. The original amount for this contract was $382,726. The H.T.E Building Permit System application calculates the building fees, however, determining and calculating fees for assessment districts is also part of the City's permitting process. This is not the case for most jurisdictions and, therefore, not considered a standard feature in H.T.E.'s Building Permit System module. This amendment is for H.T.E to develop multiple fee tables associated with the different types of assessment districts so that when a building permit is issued, the assessment district fees for a particular tract are calculated. Including the assessment district fee tables requires a modification of H.T.E.'s permitting application. During the initial training phase of this project it was determined that HTE needed to perform a "conversion" of the Planning permit database in addition to the Building permits. This additional process is required due to the number of existing Planning records in the current permitting database. In addition to the above mentioned "HTE System Change Requests" it has been determined that four additional training days will be required to allow for the training of the additional complexities of the changes made in the assessment district calculation process and to include the Public Works staff members in the training sessions conducted by HTE in the coming months. The cost for the two system changes (Assessment District Calculation @ $5,500 and Planning Permit database conversion @ $7,500) is $13,000. The cost for the four additional training days is $4,000. The total costs of this amendment to the contract is $17,000 and is available in the Building Division's Capital Outlay budget. November 20, 2001, 11:08am ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. $. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~ DATE: November 5, 2001 CITY ATrORNEY ~ CITY MANAGER ~ SUBJECT: Contract Change Order No. 5 ($42,626, for a total Contract Amount of $1,111,201) to Agreement No. 00-309 with G riffith Company for the Resurfacing/Interconnect Various Streets in the City of Bakersfield 1999-2000 Phase II Project. (Wards 2, 5, and 7) RECOMMENDATION: Staff recommends approval of the Contract Change Order. BACKGROUND: This Project includes the installation of traffic signal interconnect conduit and the resurfacing of various streets with asphalt concrete in the City of Bakersfield. As part of the resurfacing effort on Chester Avenue, broken concrete gutters are being removed and replaced to keep water from reaching the areas under the pavement, which would thereby reduce the life of the newly resurfaced pavement areas. Staff had initially identified areas to be replaced when the plans were prepared for the project. Since that time, more concrete gutter deterioration has occurred so that now 6,000 additional square feet of gutter has been recommended to be removed and replaced. Based on unit prices, the cost for this work totals $42,626.00. This work is funded 88% by Federal gas tax funds and 12% by State gas tax funds. Sufficient funds are available within the project to cover the cost of this change order. With this Change Order the revised contract amount will be $1,111,201.00. dns November 19. 2001.4:33pm G:\GROUPDA'r~,DMINRP'r~2001'~Nov28\CCO 5 Resurface~Interconnect Phase IIREVl.wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. t;. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD c,~/'~ DATE: November 8, 2001 CITY ATTORNEY CITY M AN AGEF SUBJECT: Traffic Signal and Lighting System Installation on Auburn Street at Eissler Street (Ward 3): 1. Accept bid to award contract to Loop Electric Company, $80,849.50. Transfer $15,000 of Capital Improvement Program Budget Appropriations from the Street Maintenance Chip/Slurry Seal Project to the Traffic Signal and Lighting System Installation on Auburn Street at Eissler Street Project within the Gas Tax Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of transfer. BACKGROUND: This project consists of installing a traffic signal, lighting system and handicap ramps on Auburn Street at Eissler Street. This project is budgeted in the current fiscal year within the ISTEA Fund and the Gas Tax Fund. An additional $15,000 must be appropriated for the Iow bid to be awarded. On November 7, 2001 three acceptable bids were received as follows: Loop Electric 1516 East 19th Street Bakersfield, CA 93305 (City) A-C Electric Company 601 34th Street Bakersfield, CA 93301 (City) Braun Construction Company, Inc. 3008 Sillect Avenue, Suite 108 Bakersfield, CA 93008 (City) in the amount of in the amount of in the amount of $80,849.50 $84,739.00 $95,824.94 ADMINISTRATIVE REPORT MEETING DATE: November 28,2001 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 9, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNE~.~ CITY MANAGER SUBJECT: Accept bid from Fire Services Specialty and Supply $97,938.17 for five (5) rescue tools. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: These rescue tools are used primarily to remove victims from wrecked vehicles. Invitations to bid were sent to three (3) vendors. One (1) bid was received by the deadline and one (1) bid was received several hours late and could not be considered. The acceptable bid is within the budgeted amount. Fire Service Specialty and Supply 18662 Beachmont Avenue Santa Ana, CA 92705 in the amouht of $97,938.17 P:~ADMIN~001ADMIN\C01_1128A Holmatro Rescue Tools.wpd GJK:DW:Ijm November 9, 2001, 5:02pm ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief November 19, 2001 APPROVED DEPARTMENT HEA~.. ClTY A'I-FORNEY~' ClTY MANAGER ~ Accept $64,499.62 in equipment and supplies from Nunn-Lugar-Domenici Domestic Preparedness Equipment Program Grant. (Weapons of Mass Destruction) Approve Fire Department application for an additional $279,997 Nunn-Lugar-Domenici Domestic Preparedness Equipment Grant. Appropriate $279,997 Department of Justice grant funds to the Fire Department General Fund operating budget. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Department of Justice funded approximately $200,000 in equipment and supplies for Kern County Fire, Kern County Environmental Health and the Bakersfield Fire Department. The City's portion was $64,499.62. The actual equipment and supplies have been received, a copy of which is attached. In addition, the U.S. Department of Justice is providing funds for the purchase of specialized training equipment for fire, emergency medical, hazardous materials response services, and law enforcement agencies as part of the Nunn-Lugar-Domenici Domestic Preparedness Program. This is a formula grant, whereas, the Federal Government does not have the discretion to deny. However, our list of '~vish items" has to be approved during the Grant Application process. These funds represent the equipment component of a broader initiative designed to enhance the response capability of designated cities to respond to acts of terrorism involving the use of weapons of mass destruction. The City is the lead agency for these purchases, however, $19,092 is for local hospitals and $51,405.46 is for the Kern County Fire Department. The majority, $209,499.53 is for the Bakersfield Fire Department. November 19. 2001,4:29pm S:\grants\Nunn-Lugar-Domenici Grant.wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Hearings ITEM: 9. a o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building November 9, 2001 ~M~)/P~VED DEPARTMENT H~AD ,,~,. CITY ATTORI~E~/~/ CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. (Wards 2 & 6) 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 property is listed as follows: PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 1. 1404 Kentucky Street Ward 6/Councilmember Sullivan 015-420-12 $ 3,535.00 2. Southwest corner McKee & Racine 514-020-06 $ 4,735.00 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 demolished 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 demolish the subject 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. kdm NO28BL.2,HRG November 9, 2001, 4:21 pm ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building November 13, 2001 IAGENDA SEC'TION: Hearings ITEM: 9.b. DEPARTMENT HE E~ CITY ATT O R N/~~ SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. (Wards 1, 2, 3, 5 & 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. 1900 Bank Street 008-314-10 $ 470.00 2. 143% Chester Avenue 010-300-07 $ 340.00 3, 607 S. HaleyStreet 019-102-16 $ 507.00 4. 1116 K Street 009-022-11 $ 245.00 5. 501 L Street 009-302-10 $ 370.00 6. 305 LakeviewAvenue 019-181-11 $ 595.00 7, 901 E. Planz Road 172-121-01 $ 1,095.00 8. 421 4th Street 010-061-03 $ 640.00 Ward 2/Councilmember Benham 9. 1430 Quincy Street 10. 3333 Union Avenue 015-010-11 $ 295.00 002-011-01 $ 314.00 Ward 3/Councilmember Maggard 11. 1407 Columbus Street 12. 2111 Columbus Street 126-020-02 $ 395.00 126-010-12 $ 345.00 November 14, 2001~ 11:46am ADMINISTRATIVE REPORT .a9e 2 PROPERTY LOCATION APN COST Ward 51Councilmember Hanson 13. 2921 N. Half Moon Ddve 355-355-01 $ 235.00 Ward 71Councilmember Salvaaaio 14. 6825 Betty Street 15. 2700 block Los Carneres Place 16. 2700 block Los Cameros Place 17. 2700 block Los Carneros Place 18. Southwest corner Panama/Wible 516-032-21 $ 330.00 405-102-04 $ 295.00 405-102-05 $ 245.00 405-102-06 $ 245.00 515-032-04 $ 1,395.00 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. NO28EI1 .HRG November 14, 2001, 11:46arn ADMINISTRATIVE REPORT IMEETING DATE: November 28, 2001 I ITEM: AGENDA SECTION: Hearings TO: Honorable Mayor and City Council APPRQVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~ , DATE: November 14, 2001 CITY ATFORNEY ~ CITY MANAGER ~ SUBJECT: Resolution/Right of Way Exchange Agreement: 1. Resolution Ordering the Vacation of a Portion of old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway. (Ward 4) 2. Right of Way Exchange Agreement with World Oil Corporation located on Coffee road, North of Brimhall Road, south of the BNSF railroad tracks. (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The City of Bakersfield is petitioning for the vacation of this portion of Coffee Road in exchange for additional road right of way needed for slope repair on realigned Coffee south of the BNSF overcrossing. The vacated roadway and the additional right of way both are situated on land owned by World Oil Corporation. On August 14, 2001, the City of Bakersfield entered into Dispute Resolution Agreement No. PW01-152 with Granite Construction Company. Under this Agreement the City of Bakersfield agreed to obtain the right of way owned by World Oil Corporation for the removal and repair of the Coffee Road Overpass retaining wall. With this right of Way Exchange Agreement the City of Bakersfield agrees to exchange a portion of old Coffee Road right of way and World Oil Corporation shall Deed to the City of Bakersfield that area in which it is necessary to remove the retaining walt and complete the slope and drainage to a uniform condition with the rest of the overpass. The City Fire, Police, Public Works, Economic Development and Development Services Departments have been notified. The Planning Department indicates that an access easement needs to be reserved for those adjacent parcels that would otherwise be landlocked. Public Works indicates that an access easement must also be reserved for BNSF Railroad in compliance with Agreement No. 93-52 made between the Railroad and the City. The City Director of Fire Prevention Services notes that an access also must be retained for fire service. November 20, 2001, 8:52a. m G:\GROUPDAT'~ADMINRP'r~2001'~Iov28\Resolution Ordering Vacation.wpd ADMINISTRATIVE REPORT Page 2 The utility companies serving the area have been notified by mail and PG&E, Southern California Gas, Pacific Bell, and City Water Division all have indicated they have existing facilities in the vacating area. Public Works has determined that a public utility easement must be reserved over the entire vacated roadway. The proposed vacation was heard by the Planning Commission at its meeting df October 18, 2001, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. On October 24, 2001, Council adopted Resolution of Intention No. 1258 declaring its intention to order the vacation of a portion of old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway. This hearing has been duly advertised and ;posted on site as required by law. dns November 20, 2001, 8:52am G:\GROUPDA'F~DMINRP'~2001',Nov28\Resolutlon Ordering Vacation.wpd ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: Reports ITEM: 10. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 20, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1976 General Obligation Water Bonds refinancing proposal RECOMMENDATION: No City Council action required. BACKGROUND: The City Finance Director, Gregory Klimko, will provide an overview of the staff proposal to refinance the 1976 General Obligation Water Bonds which have a scheduled final maturity on December 15, 2006. The refinancing proposal should produce a savings of between $45,000 and $50,000 per year for the next five yea rs. S:\KimGtGregory~ADMIN-BondDocumentsReports.wpd klg ADMINISTRATIVE REPORT MEETING DATE: November 28, 2001 AGENDA SECTION: New Business ITEM: 12 .ao TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Stan Ford, Recreation and Parks Director November 20, 2001 Property Acquisition Mesa Marin Sports Complex: DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED Approve Purchase Agreement between the City of Bakersfield and Frank A. and Virginia Collins to purchase real property at 1100 Kern Canyon Road for $650,000 (Ward 3). Appropriate $600,000 from Park Improvement Fund Balance to the Capital Improvement Budget. Appropriate $50,000 from Transportation Development Fund Balance to the Capital Improvement Budget RECOMMENDATION: Staff recommends approval of agreement and appropriations. BACKGROUND: The City has been negotiating with Frank A. and Virginia Collins to acquire the Mesa Marin Sports Complex. The property is located south of State Route 178, immediately north of the Mesa Marin Raceway in the City of Bakersfield. The property encompasses approximately 20 acres. The site is a specialized recreational facility serving the northeast portion of the City. There have been several attempts to operate the softball facility by several private groups which were unsuccessful. From 1988 to 1993 the City Recreation and Parks Department leased the facility for softball leagues but ceased operation due to budgetary constraints. Subsequently, the facility was operated again by private groups but has deteriorated and fallen into disrepair. The purchase includes the softball facilities as well as several related buildings on the site. The owners of the property approached the city about purchasing the facility a few months ago. The opportunity to acquire the site is consistent with the need for park facilities in the northeast and would provide needed additional park land and amenities to serve northeast Bakersfield where new Kt November 20, 2001, 3:35PM C:~ly Documents\WordPerfect Files~lesaAdmi.wpd ADMINISTRATIVE REPORT residential development is planned. This existing facility can provide needed softball and recreation facilities for the anticipated growth in that area much sooner than if the city were to construct a new facility. The cost to acquire this existing facility would be considerably less than the cost for the city to construct a similar new facility. The property has been offered for sale before at a much higher price, however, the owner is now interested in selling the property to the City at a more attractive price. The acquisition price of the property and improvements is based on an appraisal by Michael C. Burger, MAI, an independent fee appraiser. The purchase agreement amount of $650,000 consists of $100,000 for land funded by park acquisition fees (these are the funds the city typically uses to acquire park land where new development is occurring) and $500,000 representing the depreciated value of the improvements funded by park development fees (these are the funds the city uses to develop new parks and improvements in developing areas) both from park improvement zone 6 - Panorama (which encompasses the northeast portion of the city). The remaining $50,000 from the Transportation Development Fund is to reimburse the property owner for costs associated with construction of a required deceleration lane into the property. This purchase is a unique opportunity to address park and recreation needs in this area more economically than the city's typical practice of acquiring raw land and constructing a totally new park. It is anticipated the pace of bringing the facility back on line and up to current standards will be determined by future budget constraints and the rate of growth in the area. It is likely that it will be accomplished in phases based on available resources over the next two to three years. Aisc included in this agreement is a plan for a hook up to the Cai-water system to provide a more consistent quality water supply. Since this benefits both the City and the property owner these costs will be shared. It is anticipated that the estimated amount for the City share would not exceed an additional $35,000. Staff will return at a later meeting to appropriate these funds when the amount becomes certain. On November 15, 2001, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. Kt November 20, 2001, 3:35PM C:'J~4y Documents\WordPen~ect Files~lesaAdmi.wpd