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HomeMy WebLinkAbout01/09/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 9, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL 2. WORKSHOP (15 min.) Report on Relocation of Recreation and Parks Department offices. (Stan Ford, Director of Recreation & Parks) (20 min.) Report on status of Rio Vista Park, located at Stockdale Highway & Buena Vista Road. (Stan Ford, Director of Recreation & Parks and Gene Bogart, Water Resources Manager) CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney Closed Session pursuant to Subdivision (a) of Government Code Sect[on 54947. REGULAR MEETING 2. 3. 4. 5. 6. 7. 8. INVOCATION by Reverend Marc Mullins, First Christian Church Disciples. PLEDGE OF ALLEGIANCE by Bill Rauert, 8th grade student at Tevis Junior High School. ROLL CALL CLOSED SESSION ACTION PRESENTATIONS PUBLIC STATEMENTS APPOINTMENTS CONSENT CALENDAR Minutes: a. December 12, 2001 Council Meeting. 8. CONSENT CALENDAR continued Payments: Payments from November 30, to December 28, 2001 in the amount of $12,259,852.97; and Self Insurance payments from November 30, to December 28, 2001 in the amount of $424,389.68. (Ward 4) Ordinances: Ordinance amending Chapter 8.44 of the Bakersfield Municipal Code relating to Fireworks. (First reading 12/1 2/01) (Adoption) Ordinance amending Chapters 13.04.021 and 13.04.022 of the Bakersfield Municipal Code relating to Policy and Application Process for Maintenance Districts. (First reading 12/12/01) (Adoption) Ordinance amending the text of the Bakersfield Municipal Code, Section 17.30.030 (M-2 zone - Uses Permitted by Conditional Use Permit), removing language that references dairies, stockyards and other animal confinement uses. (First reading) RiverLakes Ranch Zone Correction - RiverLakes Land Development Co. /Craig Carver: Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 102-21 from R-1 (One Family Dwelling) to M-1 (Light Manufacturing) zone on 1.7 acres, located north of Meany Avenue, west of Patton Way. (ZC P01-0793) (First reading) (Ward 4) (Ward 7) (Ward 5) Resolutions: Resolution of Intention No. 1262 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 29 (Buena Vista, Stockdale) Resolution in support of Enhanced and Expanded School Public Safety Awareness programs of the Bakersfield Police Department. Resolution for sale of surplus Iron Sponge Material to Kern Sanitation Authority in the amount of $6,000. Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District 91-1 (Hosking). Resolution authorizing access to Sales and Use Tax Records. Resolution adding territory, Area 1-28 (Truxtun Plaza East) 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. -2- (Ward 4) CONSENT CALENDAR continued Resolution approving the applicant to apply for Grant Funds for the Riparian and Riverine Habitat Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 in the amount of $400,000 n. Digital Aerial Imagery: Resolution determining that certain Digital Aerial Imagery compatible with PhotoMapper~) software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000. Agreement with Airphoto USA, $80,000 to update digital aerial images of Metropolitan Bakersfield which are compatible with PhotoMapper~) software. (Ward 6) (Ward 5) (Ward 4) (Ward 3) Agreements: Tract Maps/Improvement Agreements: Final map and Improvement Agreement with Carriage Homes for Tract 5632, Phase 1, located south of McKee Road, west of Wible Road. Improvement Agreement with The HeidrickJRose Living Trust dated July 28, 1998, Rajendra A. Patel and Daxa R. Patel, Viral Y. Mehta and Shetal Mehta, and Hormuz Irani and Rhoda Irani for Parcel Map 10821, located south of Truxtun Avenue, west of Truxtun Plaza East. Construction Management Services Agreement with Kennedy/Jenks Consultants in the amount not to exceed $52,400 for the Bellevue River Weir and Bike Path Bridge Crossing project. Amendment No. 1 to Agreement No. 00-304 with Habitat for Humanity, Golden Empire to include project costs associated with construction supervision, building permits and related fees in accordance with Federal HOME regulations. Contract Change Order No. 1 to Agreement No. 01-235 with Bowman Asphalt, $21,219.64 for a total contract amount of $338,135.52 for the project known as Paladino Drive Street construction. Bids: Accept bids from Jim Burke Ford, $844,347.50 and Three Way Chevrolet, $79,568.58 for 40 vehicles (30 replacement, 10 additional) for the Public Works Department. Total $923,916.08. -3- 8. CONSENT CALENDAR continued (Ward 4) (Ward 4) (Ward 2) Miscellaneous: Quitclaim Deed from the City of Bakersfield to Castle & Cooke California, Inc., for a portion of an existing drainage basin located south of Stockdale Highway, east of Buena Vista Road. u. Southwest Fire/Police Facility: Appropriate $1.4 Million General Fund beginning fund balance and transfer $1,420,000 from the General Fund to the Capital Outlay Fund Capital Improvement Budget. Appropriate $208,000 Asset Fodeitures to the Capital Outlay Fund Capital Improvement Budget. Appropriate and transfer $125,000 Capital Outlay Fund Balance to the Off-Street Parking Fund Capital Improvement Budget for property acquired at 1426 P Street. Appropriate $510,476 grant monies to the Police Department Budget in the General Fund for additional police officers and equipment in support of the California Multi- Jurisdictional Methamphetamine Enforcement Team. Economic and Community Development Department Foreclosure Policy. (Referto Budget and Finance Committee) Relocation of City Recreation and Parks Department offices and authorization for the City's Real Property Manager to negotiate lease terms. Staff recommends adoption of Consent Calendar Items a. through y. (Wards 1,2,5,7) HEARINGS 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. 10. REPORTS 11. DEFERRED BUSINESS -4- 12. NEW BUSINESS a. Request by Councilmember Jacquie Sullivan regarding Placement of Patriotic Plaques and Documents in Public Areas. Staff recommends refer to Community Services Committee. 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Res,~,ctfully submitted, Alan Tandy City Manager S:\Cou~ci~AGEN DA~ANg02.wpd Janua~, 3, 2002 (10:24am) -5- BAKERSFIELD MEMORANDUM JANUARY 4, 2002 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINS~, ~SSISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - JANUARY 9, 2002, COUNCIL MEETING PRE-MEETING There are two workshops: 1) Report on relocation of Recreation and Parks offices by Stan Ford, Director of Recreation and Parks; and 2) Status report on Rio Vista Park located at Stockdale Highway and Buena Vista Road by Stan Ford, Director of Recreation and Parks and Gene Bogart, Water Resources Manager. There is one closed session item: The City Attorney performance evaluation. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance amendinq the Municipal Code relatin(] to Fireworks. This ordinance was given first reading on December 12, 2001. No further comments have been received. Item 8d. Ordinance amending the Municipal Code relatinq to Policy and Application Process for Maintenance Districts. This ordinance was given first reading on December 12, 2001. No further comments have been received. Item 8e. Ordinance amending the Municipal Code (M-2 zone - Uses permitted by Conditional Use Permit). removina lanaua~e that references dairies, stockyards and other animal confinement uses. In March 2000, the City Council adopted a resolution in opposition to the proposed Borba dairy being considered by the Kern County Board of Supervisors. During the County's proceedings, the County indicated the City would potentially have the ability to permit a dairy within the City limits or within the 2010 General Plan area because the language in the City's ordinance allowed for applying for a conditional use permit. This amendment to the ordinance will remove language that references dairies, stockyards and other animal confinement uses to be consistent with the resolution passed by the Council. HONORABLE MAYOR AND CITY COUNCIL January 4, 2002 Page -2- The Urban Development Committee met in November 2001 to discuss the issue of tocating dairies in the urban area. Since the City Council had already adopted a resolution against allowing dairies close to the City, they recommended approval of the language changes in this ordinance. They also recommended moving forward with the proposed policy change to the General Plan to prohibit dairies within the 2010 Plan area in the next general plan update process now under way. The Planning Commission held a public hearing on this ordinance amendment on December 6, 2001 and no one spoke in opposition. Item 8f. Riverlakes Ranch zone correction - Riverlakes Land Develooment ComDanv/Craia Carver. This property was the subject of a very complex general plan amendment and zone change requested by Craig Carver for the Riverlakes area, which was heard by the Council in November 2001. Map changes occurred which necessitated corresponding changes to the various legal descriptions. This action clears up the legal description, which moves the zone boundary between residential and industrial zones 66 feet to the east on 1.7 acres generally located north of Meany Avenue and west of Patton Way to reflect the Council's November decision. The Planning Commission held public hearings in December 2001 and no one spoke in opposition. Resolutions: Item Sq. Resolution calling a public hearing to determine whether public necessity, health, safety or welfare reauires formation of an underaround utility district within desianated area, District No. 2, Division 29 (Buena Vista, Stockdale). This resolution sets a hearing date in compliance with the Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. This district will underground the overhead lines within the proposed 30 acre park at Stockdale Highway and Buena Vista Road and along Buena Vista Road to approximately 500 feet south of Stockdale Highway. Item 8h. Resolution in support of enhanced and expanded School Public Safety Awareness programs of the Bakersfield Police De[~artment. At the Council meeting of December 12, 2001, Councilmember Maggard requested staff to prepare a resolution in support of expanding the D.A.R.E. program and enhanced safety programs for children. Police Department staff have met and reviewed the expansion of activities using existing community policing officers. The expanded offerings could include programs to help children cope with pressures placed upon them and to make good judgements based on facts, conflict resolution techniques, basic gun accident prevention such as what to do if you find a gun and other safety issues. item 8i. Resolution for sale of surplus iron sponge material to Kern Sanitation Authority in the amount of $6.000. In 1999, Wastewater Treatment Plant #2 was expanded under a contract between the City and Kiewit Pacific Corporation. One contract requirement was for Kiewit to provide materials for replacement of the treating medium in the Sulfa-Treat Vessels on the digester gas system. Kiewit Pacific delivered a material called Iron Sponge to the site instead of the Sulfa-Treat granules, which was accepted by the City. It has subsequently been found that the Iron Sponge material is not acceptable as a treating medium in the Sulfa-Treat units and cannot be used. Kern Sanitation District uses Iron Sponge in their treatment process and has offered to purchase the material for $8.00 per bushel, which is a fair market price. The City has 750 bushels and the total selling price would be $6,000. HONORABLE MAYOR AND CITY COUNCIL January 4,2002 Page-3- Item 8i. Resolution orderinq Judicial Foreclosure of Delinquent Assessments in Assessment District 91-1 (Hosking). The City has covenanted to initiate an administrative foreclosure for assessment districts when delinquencies near 5%. Assessment District 91-1 (Hosking) is close to the 5% threshold, with assessments delinquent as of June 30, 2001, totaling $66,082.59. This resolution would authorize the City Attorney to retain special legal counsel to institute actions to foreclose the liens on the delinquent assessments. Item 8k. Resolution authorizinq access to Sales and Use Tax Records. This resolution would authorize the Finance Director, City Treasurer and their assistants to access sales and use tax information provided by the State Board of Equalization for the purpose of municipal revenue forecasting and verification. Item 81. Resolution addinq territory, Area 1-28 (Truxtun Plaza East} to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's report and authorizin(] collection of assessments by the Kern County Tax Collector. The City received a written request from the property owner to be included into the Consolidated Maintenance District for the maintenance of median and street landscaping. The property is generally bounded by Truxtun Avenue on the north, Truxtun Plaza East on the east, the Carrier Canal on the south and a line 570 feet westerly of Truxtun Plaza East on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Item 8m. Resolution authorizing application for State Park Bond Act of 2000 funds for development of the Kern River Amphitheater in the amount of $400,000. Proposition 12 provides funding that includes competitive distributions to agencies such as the City of Bakersfield. In September 2001, preliminary development plans for the thirty-two acre Rio Vista Park Project were completed. An Amphitheater was proposed for the northeast segment of the park site. This grant application, if successful, would provide a portion of the project funding. Item 8n. Resolution determining that certain Digital Aerial Imagery compatible with PhotoMapper~} software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000, and an aqreement with AirDhoto USA for $80,000. The City has purchased aerial photos within the Metropolitan area that are updated every two years to maintain a history of City growth patterns. Two years ago, the City purchased photos in an electronic format as well. This software is currently installed on City workstations and has become an invaluable tool. The electronic aerial photography was compiled for use exclusively with PhotoMapper(~) by AirPhoto USA. Staff desires to have the electronic aerial images updated. The update will need to be compatible with the current software, making it necessary to use AirPhoto USA as the source for the updates. This resolution would authorize the Finance Director to dispense with the bidding process and use AirPhoto USA as the sole source for the updates. Also attached is an agreement with AirPhoto USA for $80,000 to update digital aerial images of Metropolitan Bakersfield which are compatible with the City's PhotoMapper~) software. HONORABLE MAYOR AND CITY COUNCIL Janua~ 4,2002 Page-4- Agreements: Item 8o. Construction Manaaement Services Agreement with Kennedy/Jenks Consultants in the amount not to exceed $52,400 for the Bellevue River Weir and Bike Path Bridge Crossing proiect. In March 2001, the City Council authorized the appropriation and work plan for $2,500,000 in State grant funds under Proposition 13 for Kern River Parkway Projects. The Bellevue River Weir and Bicycle Path bridge crossing the Kern River were included in the work plan under these grant funds. Following the design and bid phase for the project, the Council awarded a construction contract to Granite Construction in October 2001 in the amount of $1,297,731. This agreement with Kennedy/Jenks Consultants for $52,400 will provide the construction management and engineering services for all on-site inspections, shop drawing review, estimate reviews, certification of materials and preparation of final drawings of record for the Bellevue River Weir and Bike Path bridge crossing project. This work is funded with grant funds for this project. Item 8Q. Amendment to Aareement with Habitat for Humanity. Golden EmPire to include Droiect costs associated with construction supervision, building permits and related fees in accordance with Federal HOME regulations. Habitat for Humanity, Golden Empire (Habitat) is currently working under Agreement No. 00-304 with the City that allows Habitat to utilize HOME funds ($85,000) in the purchase of vacant, unimproved lots in the City on which they will construct single-family dwellings. Under the current agreement, Habitat is allowed to use HOME funds to only pay for acquisition related costs. Because Habitat incurs additional costs to construct the homes, they are requesting that their current agreement be amended to include construction related soft costs. These costs may include construction supervision, permit fees, marketing fees, appraisal and finance fees. This amendment is consistent with costs allowed under Habitat's prior approved Agreement No. 99-298. Item Sr. Contract Chan(]e Order to Agreement with Bowman Asphalt in the amount of $21.219.64 for a total contract amount of $338,135.52 for the project known as Paladino Drive Street construction. This project provides a new paved roadway on Paladino Drive to replace the existing dirt roadway. During construction, field conditions were found to be different from those anticipated during design. In order to construct the roadway to City standards, additional aggregate base over and above the engineer's estimate needs to be installed. The total cost for these changes is $21,219.64 and sufficient funds are available within the project to cover the cost for this change order. Bids: Item 8s. Award bid for 40 vehicles (30 replacement, 10 additional) for the Public Works Department to Jim Burke Ford for $844.347,50 and Three Way Chevrolet for $79,568.58 for a total bid award of $923,916.08. Bids were received from three vendors. Staff recommends awarding the bid to Jim Burke Ford for 36 police vehicles and Three Way Chevrolet for three mid-size and one utility vehicle. HONORABLE MAYOR AND CITY COUNCIL January 4, 2002 Page -5- Miscellaneous; Item 8t. Quitclaim Deed from the City to Castle & Cooke California. Inc.. for a eortion of an existina drainaae basin located south of Stockdale Highway, east of Buena Vista Road. This quitclaim is for a portion of an existing drainage basin easement located south of Stockdale Highway and east of Buena Vista Road. The developer has redesigned the drainage system so this portion of the basin is no longer required. Item 8u. Southwest Fire/Police facility. An additional Southwest Fire Station was first proposed in the 1997-98 Capital Improvement Budget. The estimated cost was approximately $1.2 million. Since that time, the estimated cost has grown to $2.5 million for construction of a fire facility. Further, a police substation is proposed for the same site at an estimated cost exceeding $800,000. The new facilities are now estimated to cost in excess of $3.3 million, approximately $2.5 million for Fire and $0.8 million for Police. Staff reviewed funding alternatives and has developed a plan to fund the additional fire station and police substation costs. Current appropriations consist of $1,463,980 in the Capital Outlay Fund (COF) for the Fire portion in addition to transferring $20,000 budgeted for Fire workout equipment in the General Fund. There is $40,000 for Fire turnout lockers and $225,000 for the Police specific plan in the COF. Staff is requesting Council approval to appropriate $1.4 million available General Fund balance ($1 million for Fire and $0.4 million for Police) and appropriate $208,000 Asset Forfeiture monies to complete the funding. Item 8v. Appropriate and transfer $125,000 Capital Outlay Fund Balance to the Off-Street Parkino Fund Capital Improvement Budget for property acquired at 1426 "P" Street. In order to provide needed parking facilities to service the Convention Center and Centennial Garden and as the City was unable to negotiate the acquisition of property located at 1426 "P" Street, the City Council authorized the City Attorney to proceed with eminent domain acquisition of the property. During these proceedings, the court (jury) determined that the fair market vatue for the property was $451,000 plus interest. This amount exceeds the amount budgeted for this project in the off-street parking fund capital improvement budget by $125,000. This appropriation and transfer will be used to compensate the owners of the property for the total amount awar(~ed by the court, plus interest to date. Item 8w. Appropriate $510,476 grant monies to the Police Department Budqet in the General Fund for additional police officers and equipment in support of the California Multi-Jurisdictional Methamphetamine Enforcement Team. The County of Kern has received a grant from the Governor's Office of Criminal Justice Planning to combat clandestine methamphetamine labs in Kern County. The Bakersfield Police Department intends to participate in the operation and receive $510,476 from the grant (California Multi-Jurisdictional Enforcement Team, CAL-MMET). Staff is recommending the use of the appropriated grant funds to hire three additional police officers and to purchase related equipment. The grant requires the funds be expended by October 31,2002. HONORABLE MAYOR AND CITY COUNCIL January 4,2002 Page-6- Item 8x. Economic and Community Development Department Foreclosure Policy. Economic and Community Development staff has recently completed a comprehensive review of existing housing guidelines. As a result of this review, staff determined that it was necessary to develop a foreclosure policy that would apply to all loans given by the department to recipients of the City's various housing programs. Staff recommends this item be referred to the Budget and Finance Committee. Item 8y. Relocation of City Recreation and Parks Department offices and authorization for the City's Real Property Manaaer to neaotiate lease terms. For several years, the Recreation and Parks Department has needed office space that is more accessible and convenient to citizens conducting business with the department, as well as accommodating the current staff. The Recreation and Parks Department needs approximately 10,000 square feet. A suitable location downtown would solve many of the problems associated with the current tocation. Staff is evaluating three possible sites and this item seeks Council authorization to negotiate lease terms. The administrative report provides more detailed information regarding the reasons to relocate the department as well as the clarification of concerns raised by Councilmembers at the last Council meeting. Staff estimates the cost to lease space at $1.45 per square foot. Using this cost, the space required would cost approximately $150,000 annually. Funds have been identified in this fiscal year, as well as potential funding for upcoming years that should be sufficient for the lease payments without reducing service levels to the public. The current adopted budget includes $45,000 for new office space. These funds should be sufficient to cover one-time expenses associated with the relocation. NEW BUSINESS Item 12a. Reauest bv Councilmember Jacauie Sullivan reaardina Placement of Patriotic Plaaues and Documents in Public Areas. Councilmember Jacquie Sullivan requested that the City Council consider a proposal regarding placement of patriotic plaques and documents such as the Declaration of Independence, the U.S. Constitution and other historically important documents at City Hall. She has requested that this item be referred to the Community Services Committee for discussion and recommendation to the Council. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: January 9, 2002 AGENDA SECTION: Workshop ITEM: 2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks January 2, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY t'~ CITY MANAGER (~_ ,'~'~ Report on Relocation of Recreation and Parks Department Offices (Ward 2). RECOMMENDATION: BACKGROUND: Stan Ford, Director of Recreation and Parks, will provide the Council with an overview of relocating Recreation and Parks Department offices. ~j January 2, 2002, 3:39PM P:\Office Move\Report on Relocation.,.~od ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Workshop ITEM: 2. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks January 2, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATFORNEY~ CITY MANAGER ~ Report on Status of Rio Vista Park located at Stockdale Highway and Buena Vista Road (Ward 4). RECOMMENDATION: BACKGROUND: Stan Ford, Director of Recreation and Parks, will provide the Council with an overview of the status of Rio Vista Park (30 acre site). Gene Bogart, Water Resources Manager, will report on river projects related to Rio Vista Park. January 2, 2002, 4:38PM P:~.dmin Rpts\RioVistaStatus.vcd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Closed Session ITEM: 3 .a. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 2, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Public Employee Performance Evaluation - City Attorney Closed session pursuant to subdivision (a) of Government Code section 54947 RECOMMENDATION: BACKGROUND: BJT:las JA09CA1.CS January 2, 2002, 12:51pm ADMINISTRATIVE IMEETING DATE: January 9, 2002 TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk December 21,2001 SUBJECT: Minutes of December 12, 2001 Council Meeting. RECOMMENDATION: REPORT IAGENDA SECTION: Consent Calendar ITEM: 8.a. APPROVED DEPARTMENT HEAD CITY ATTORNEY N/A CITY MANAGER ~ BACKGROUND: bz S:\Council~admins~ADMINS~JAN902.wpd January 2, 2002, 11:45am ADMINISTRATIVE REPORT IMEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: $. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 2, 2002 APPROVED DEPARTMENT HEA~ CITY ATTORNEY CITY MANAGER Approval of department payments from November 30, 2001 to December 28, 2001 in the amount of $12,259,852.97 and self insurance payments from November 30, 2001 to December 28, 2001 in the amount of $424,389.68. RECOMMENDATION: Staff recommends approval of payments totaling $12,684,242.65. BACKGROUND: S:\KimG\Forms & Labies~ADMIN-AP,wpd klg ADMINISTRATIVE REPORT IMEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8 .c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 14, 2001 APPROVED DEPARTMENT HEAD //' CITY ATTORNEY CITY MANAGER ~ Ordinance Amending Chapter 8.44 of the Bakersfield Municipal Code Relating to Fireworks. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: Several problems arose in administering the fireworks ordinance during the 2001 season: A vendor, filing applications for their customers - the nonprofit groups, filed five unauthorized applications. Had this not been detected, permits would have been used by organizations other than those to which permits had been issued. A distance of at least 600 feet is required between stands. The ordinance does not specify how the distance is to be measured nor does it provide for establishing priority between applicants whose location violates the distance requirement. The ordinance has been incorrectly interpreted to mean an organization could be a group of at least 35 members within a nonprofit entity resulting in a few situations where a single nonprofit holds two permits. Staff feels this is not consistent with the ordinance nor in the interest of fairness to other nonprofits seeking only one permit. City staff drafted amendments to the ordinance to correct these problems and subsequently met with the vendors who made recommendations that are now included in the amendments. The following is a summary of the proposed amendments. Permit applications will be submitted by the applicant organizations - not the fireworks vendors. The application period changes to March 1,t through March 31st. Renewal applications (those that had permits prior to the amendment linking the total number of permits issued to a population formula) are to be complete packages whereas drawing applications need only include evidence of nonprofit status and a bona fide S:\KimG\Bill~Admin - OrdinanceAmendment.wpd ADMINISTRATIVE REPORT Page 2 membership list of at least 35. The time for the "drawing" is no later than April 10t~ of each year. Successful drawing applicants will have until May 15th to find a stand location and complete their application. The distance between stands will be measured from closest point to closest point and 400 feet is established as the minimum distance between stands. Groups returning to their previously approved plot plan location will be given priority. If two or more applications for a new stand location are within 400 feet, preference will be determined by a drawing. In the event more than one application is submitted for the drawing by an applicant using the same State of California or federal tax - exempt status determination letter (identification number), drawing of the first application utilizing this letter renders the remaining applications utilizing the same letter ineligible for a permit from the initial drawing. This drawing method will limit a nonprofit entity to one permit. If at the end of the drawing, permits are still available, a supplemental drawing will be held under the same terms and conditions of the initial drawing in which previously ruled ineligible applications will be entered. This process of supplemental drawings will continue until all permits are drawn or until the applications are exhausted. The amended ordinance prohibits advertising and display of merchandise (fireworks) on the roof of the stand and sales of other items including food and beverages at the stand location. Canopies and awnings that conform to the Uniform Fire Code can be used as shading devices at stands subject to certain limitations. This ordinance was given first reading at the City Council meeting of December 12, 2001. ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent. Ca 1 endar ITEM: 8 o d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 2, 2002 APPROVED DEPARTMENT HEAD .~_ CiTY A ORNE// CITY M~AGER An Ordinance Amending Chapters 13.04.021 and 13.04.022 of the Bakersfield Municipal Code relating to Policy and Application Process for Maintenance Districts. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On December 3, 2001, the Urban Development Committee discussed Bakersfield Municipal Code Chapter 13.04 which requires the joining of a maintenance district as a development condition. The current Ordinance requires the formation of a maintenance district for developments that benefit from landscaping in the public right-of-way and/or public parks. However, the application of the Ordinance appears to exempt projects needing a Conditional Use Permit or Site Plan Review. To clarify the existing Ordinance and include all types of projects, the Urban Development Committee approved a slight modification to the Ordinance to eliminate inequities in development projects. As such, the attached Ordinance revision is submitted for first reading. This ordinance received first reading at the December 12, 2001 City Council meeting. VG:alj S:\COUNClL~Admins\I 3.04Am end2.MaintenDistrict.wpd JAO9CA.DB ADMINISTRATIVE REPORT MEETING DATE: Janua~ 9,2002 AGENDA SECTION: Consent Calendar ITEM NO: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 17, 2001 DEPARTMENT HE~ c mv ^TTORN ' CITY MANAGER (~ An ordinance amending the text of the Bakersfield Municipal Code, Section 17.30.030 (M-2 zone - Uses Permitted by Conditional Use Permit), removing language that references dairies, stockyards and other animal confinement uses. (citywide) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On Mamh 29, 2000, the City Council adopted a resolution (No. 32-00) regarding the proposed Borba dairy that was being considered by the Kern County Board of Supervisors. The Council stated their concerns regarding potential conflicts of this dairy with planned urban growth, ground water, and other quality of life issues affecting the residents of the city. The Council also urged that the County not permit dairies and other animal confinement facilities to be within the 2010 Plan area boundary. After much study by the Kern County Board of Supervisors and Kern County Planning Commission, they noted that Bakersfield and Wasco had language within their zoning ordinances that a dairy (or other animal confinement facility) could be allowed by approval of a conditional use permit. In a letter sent by the City Council to the Kern County Board of Supervisors (letter dated 9/24/01), the Council stated that the city would remove this language from its ordinance to be consistent with their resolution adopted in March that addressed the Borba dairy issue. Staff is also proposing a policy change to the General Plan to prohibit dairies within the 2010 Plan area though this will occur as part of the general plan update process already underway and will not be part of this ordinance amendment. Language concerning dairies and other animal confinement facilities exists only within the M-2 zone chapter of the Zoning Ordinance (Uses Permitted by Conditional Use Permit). The changes will remove references to all animal confinement uses that includes dairies, livestock feeding yards, poultry and rabbit raising facilities, and stockyards. Other zones in the city allow the ADMINISTRATIVE REPORT keeping of farm animals which include the RH (Residential Holding), R-S (Residential Suburban) and A (Agricultural) zones. However, these zones do not permit nor reference uses that allow large concentrations of animals such as a dairy or feed yard so changes to those chapters are not necessary. The proposed changes to the M-2 zone will implement the desire of the City Council to prohibit the location of daides and other animal confinement facilities within the city limits. The Planning Commission held a public hearing on this amendment on December 6, 2001. Written comments were received from the Sierra Club in support of the amendment. No other written comments were received and no one spoke at the public hearing. The Commission unanimously recommended that the City Council adopt the proposed changes. ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Ca l endar ITEM: 8. f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 2, 2002 APPROVED DEPARTMENT HEAD~~ CITY A'FFORNEY CITY MANAGER RiverLakes Ranch Zone Correction - RiverLakes Land Development Co./Craig Carver: An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 102-21 from R-1 (One Family Dwelling) to M-1 (Light Manufacturing) zone on 1.7 acres located generally north of Meany Avenue, west of Patton Way. (Zone Change No. P01-0793). (Ward 4). RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: The project moves the zone boundary between residential and industrial 66 feet to the east of the current location. This property was the subject of a very complex general plan amendment and zone change requested by Craig Carver for the RiverLakes area heard by the Council in November 2001. Several last minute map changes occurred which necessitated corresponding changes to the various legal descriptions. The legal for this strip was not consistent with the Council's decision as shown on maps at the public hearing. This action clears up the legal description discrepancy to accurately reflect the Council's November decision. The Planning Commission held public hearings on this Zone Change on December 3, and December 6, 2001. The Planning Commission recommended approval of the request with no opposition from the public nor any public agency. Staff determined that the proposed project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061 (b) (3) of the CEQA Guidelines (General Rule). MO:pit (admin~an\1-9-0793revised) January 2, 2002, 1:37pm ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: $ .g · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 19, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY~/~ CITY MANAGER ~ Resolution of Intention No. 1262 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 29 (Buena Vista, Stockdale). Ward 4. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. This district will underground the overhead lines within the proposed 30 acre park at Stockdale Highway and Buena Vista Road and along Buena Vista Road to approximately 500 feet south of Stockdale Highway. The resolution sets a hearing for January 23, 2002. Ivd December 19, 2001, 5:31PM S:\Projects\Underground~Admin\2-29roi.wpd ADMINISTRATIVE REPORT I MEETING DATE: January 9, 2002 I AGENDA SECTION: Consent Calendar I ITEM: 8. h. TO: Honorable Mayor and City Council APPR~ FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: December 21,2001 CITY ATrORNEY ~ SUBJECT: ClTY MANAGER ~ A Resolution of the Council of the City of Bakersfield in Support of Enhanced and Expanded School Public Safety Awareness Programs of the Bakersfield Police Department RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: At the City Council meeting of December 12, 2001, Councilmember Maggard requested staff prepare a resolution of support for expanding the D.A.R.E. Program and enhanced safety programs for children. Police Department staff members have met and reviewed the possible expansion of these activities, using existing community policing officers. The expanded offerings would include programs to help children to cope with pressures placed upon them and to make good judgements based on facts. Such expanded offerings could include conflict resolution techniques, basic gun accident prevention, such as what to do if a child finds a gun, and other emerging public safety issues. The possibility exists for community policing officers to assist schools with these safety issues, either on campus or in the community, prior to their becoming criminal-activity issues. ADM02-01-09-1 -SchoolPublicSafetyAwareness December 20, 2001,3:27pm ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 17, 2001 APPROVED DEPARTMENT HEAD ~/~_ ClTY ATTORNEY ~ CITY MANAGER Resolution for sale of surplus Iron Sponge Material to Kern Sanitation Authority ($6,000), RECOMMENDATION: Staff recommends approval of resolution. BACKGROUND: In 1999, Wastewater Treatment Plant #2 was expanded under a contract between the City and Kiewit Pacific Corporation. One of the contract requirements was for Kiewit to provide materials for replacement of the treating medium in the Sulfa-Treat vessels on the digester gas system at Plant #2. The Sulfa-Treat vessels remove hydrogen-sulfide from the digester gas with a granular material called Sulfa-Treat. Kiewit Pacific delivered a material called Iron Sponge to the site instead of the Sulfa-Treat granules. The Iron Sponge was accepted by the City. It has subsequently been found that this material is not acceptable as a treating medium in the Sulfa-Treat units and must be disposed of. The Kern Sanitation District uses Iron Sponge in their treatment process and has offered to purchase this material for $8.00 per bushel. The City is in possession of 750 bushels and $8.00 per bushel is a fair market price. The total purchase price would be $6,000. G:\GROUPDA3~ADMINRPT~2002~Jan 9\Iron Sponge Purchase.wpd December 18, 2001, 11 ;04am ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8 o j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 17, 2001 APPROVED DEPARTMENT HEAD cm' MAN^OER Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District 91-1(Hosking). Ward 7. RECOMMENDATION: Staff recommends adoption. BACKGROUND: The City of Bakersfield, Limited Obligation Bonds for Hosking Trunk Sewer Assessment District 91-1 were issued on December 9, 1992 in the amount of $3,350,000 for funding the construction of public improvements comprising of the Hosking Trunk Sewer improvements and other incidental costs. These bonds are issued pursuant to the improvement Bond Act of 1915 of the California Streets and Highways Code. The City has covenanted to initiate an Administrative Foreclosure for Assessment Districts when delinquencies near 5%. This Assessment District is close to the 5% threshold. Assessment District 91-1 Delinquencies APN OWNER DATES TOTALS 514~030-05-00-0 515-010-22-00-0 515-010-23-00-3 515-010-24-00-6 515-020-02-00-5 515-051-06-00-3 515-282-01-00-2 516-010-18-00-6 516-020-25-00-9 516-113-06-00-1 517-010-03-00-9 517-010-06-00-8 Total: Ackerman Family Trust Paul Owhadi Paul Owhadi Paul Owhadi Thomas Hollie Casitas Del Quinta Inc Mark and Kelly Ferguson James and Peggy Rowland Gold Mountain Group Inc Kent & Linda Ashby Weldon G Gainer Family Trust Richard and Theodora Fanucchi 12/98 thru 04/01 17,277.66 12/00 thru 04/01 1,946.58 12/00 thru 04/01 10,712.32 12/00 thru 04/01 1,499.96 12/99 thru 04/01 283.18 04/01 37.44 04/01 25.90 12/99 thru 04/00 9,453.78 04/94 thru 04/01 23,957.81 04/01 23.74 04/01 454.22 · 04/01 410.00 66,082.59 S:\Corey~DMIN-91-1 FORECLOSURE.wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar ITEM: $. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 14, 2001 APPROVED CITY ATTORNEY CITY MANAGER Resolution Authorizing Access to Sales and Use Tax Records RECOMMENDATION: Staff recommends adoption of the Resolution BACKGROUND: This Resolution, as required by Revenue and Taxation Code Section 7056, authorizes the Finance Director, City Treasurer and their assistants access f~o sales and use tax information provided by the State Board of Equalization. Sales and use tax information provided by the Board is for the purpose of municipal revenue forecasting and verification. This Resolution updates Resolution No. 79-95. December 13, 2001,4:38pm S:\KimG\Bill~Admin - SalesTax.wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas DEPARTMENT HEAD ( . Public Works Director /'C-h/t.//. CITY ATTORNEY DATE: December 21, 2001 CITY MANAGER _(~'~'~ SUBJECT: Resolution adding territory, Area 1-28 (Truxtun Plaza East) 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 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the'City Engineer from the owner of Parcel B of Lot Line Adjustment No. 249, 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 1-28 is generally bounded by Truxtun Avenue on the north, Truxtun Plaza East on the east, the Carrier Canal on the south and a line 570 feet westerly of Truxtun Plaza East on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has 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 any future subdivision maps. A copy of this covenant is attached for reference. Lvd December 19, 2001, 11:46AM S:\PROJ ECTS\MAINDIST~DMINRPT\md 1-22re01 .wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8 .m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks January 2, 2002 APPROVED DEPARTMENT HEAD ~-- CITY ATTORNEY CITY MANAGER Authorization to Apply for State Park Bond Act of 2000 Funds for Development of the Kern River Amphitheater:. Resolution of the City Council of Bakersfield Approving the Applicant to Apply for Grant Funds for the Riparian and Riverine Habitat Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 in the Amount of $400,000. Ward 4. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In March 2000, California voters approved Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. This act provides funding that includes competitive distributions to agencies such as the city of Bakersfield. In September 2002, the city of Bakersfield completed preliminary development plans for the thirty two acre Rio Vista Park Project. An Amphitheater was proposed for the northeast segment of the park site. Funding has yet to be identified for the Amphitheater. This grant application, for the Riparian and Riverine Habitat Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, if successful, will provide a portion of the project funding. Kt January 2, 2002, 3:34pm P:~pb2000dverine.wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar ITEM: $.n. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT DATE: December 28, 2001 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Digital Aerial Imagery: 1. Resolution determining that certain Digital Aerial Imagery compatible with PhotoMapper~ software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000. 2. Agreement with AirPhoto USA ($80,000) to update digital aerial images of Metropolitan Bakersfield which are compatible with PhotoMapper~) software. RECOMMENDATION: Staff recommends adoption of Resolution, and approval of Agreement. BACKGROUND: The City of Bakersfield has purchased aerial photos within the Metropolitan area. These aerial photos are updated every two years to maintain a history of City growth patterns. Two years ago, the City of Bakersfield began purchasing photos in an electronic format as well. Once the electronic image was made available to City departments, an immediate positive impact was felt, and has since become an invaluable tool citywide. The electronic aerial photography was compiled for use exclusively with PhotoMapper~ by AirPhotoUSA. The software is currently installed on all City workstations. Agencies within the County of Kern using this software, can view other similar image flies without conflicts. It has become the accepted standard within the County of Kern. The City now desires to have the electronic aerial images updated. The update will need to be compatible with the current City software, making it necessary to use AirPhotoUSA as the source for the updates. G:\GROU PDAT~ADMI N RPT~2002~Jan 9~AedaI-Admin.wpd ADMINISTRATIVE MEETING DATE: January 9, 2002 REPORT IAGENDA SECTION: Consent Calendar ITEM: 8. o. TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director December 20, 2001 DEPARTMENT HEAD CITY ATTORN E'I~/~~'~ ClTY MANAGER Tract Maps/Improvement Agreements Final map and Improvement Agreement with Carriage Homes for Tract 5632 Phase 1 located south of McKee Road and west of Wible Road. (Ward 6) Improvement Agreement with The Heidrick/Rose Living Trust Dated July 28, 1998, Rajendra A. Patel and Daxa R. Patel, Viral Y. Mehta and Shetal Mehta, and Hormuz Irani and Rhoda Irani for Parcel Map 10821 located south of Truxtun Avenue and west of Truxtun Plaza East. (Ward 5) RECOMMENDATION: Staff recommends approval of the Agreement BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such Improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. INOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. PE; urs G:\GROUPDAT~D MINRPT~2002/Jan 9\MAPS&IMPAGR.wpd December 27, 2001, 8:51am ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager December 20, 2001 APPROVED DEPARTMENT HEADI~,~' CITY ATTORNEY ~--~)~ Construction Management Services Agreement with Kennedy/Jenks Consultants in the amount not to exceed $52,400.00 for the Bellevue River Weir and Bike Path Bridge Crossing project (Ward 4). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: On March 14, 2001 the City Council authorized the appropriation and work plan for $2,500,000 in State grant funds under Proposition 13 for Kern River Parkway Projects. The State Department of Water Resources accepted the work plan and entered into an agreement with the City to proceed with the work. The Bellevue River Weir and bicycle path bridge crossing the Kern River was included in the work plan under these grant funds. Following the design and bid phase for the project, City Council awarded a construction contract to Granite Construction Co. at the October 24, 2001 Council meeting in the amount of $1,297,731.00. This agreement will provide the construction management and engineering services that includes all on-site inspection, shop drawing review, pay estimate reviews, certification of materials and preparation of final drawings of record for the project. When this project is completed, the new Bellevue River Weir will provide a safe and reliable water diversion structure and bike path bridge that will connect the new 30 acre "Rio Vista Park" currently being designed by the City with the future 40 acre multi-purpose park that will be located on the north side of the Kern River adjacent to Stockdale Highway. FCfc S ~2002ADMINRPTSIJA09WT 1 CC December 20, 2001,4:54pm ADMINISTRATIVE REPORT MEETING DATE: January 9, 200 2 AGENDA SECTION: Consent Calendar ITEM: $.q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director December 19, 2001 APPROVED DEPARTMENT HEAD,~-~. CITYATTORNEY.~/'~/~ CITY MANAGER Amendment No. I to Agreement No. 00-304 with Habitat for Humanity, Golden Empire to include project costs associated with construction supervision, building permits and related fees in accordance with Federal HOME regulations. (WARDS ALL) RECOMMENDATION: Staff recOmmends approval. BACKGROUND: Habitat for Humanity, Golden Empire (Habitat) is currentlyworking under agreement No. 00-304 with the City that allows Habitat to utilize HOME funds ($85,000) in the purchase of vacant, unimproved lots in the City of Bakersfield on which they will construct single-family dwellings. Habitat has been constructing single-family dwellings since 1991. Habitat has averaged the construction of 3 single-family dwelling per year in the City of Bakersfield and now has set a goal of completing twelve homes per year. Habitat homes are sold to families whose income is between 30% to 50% of the area's median income. In addition, the selected Habitat family and volunteers provide the needed "sweat equity" labor to construct these homes. Under Agreement #00-304, Habitat is allowed to use HOME funds to only pay for acquisition related costs. Because Habitat incurs additional costs to construct the homes, they are requesting that their current agreement be amended to include construction related soft costs. These costs may include construction supervision, permit fees, marketing fees, appraisal and finance fees. Habitat's request for an amendment is consistent with the costs allowed under Habitat's prior Council approved agreement, agreement No. 99-298. DIk:S:~Agreement\habitat humanity amend.wpd December 21, 2001, 10:05am ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar TEM: $. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 28, 2001 APPROVED DEPARTMENT HEAD ./~-'~f~, ..4,")~ CITY A'R'ORNE~/~ CITY MANAGER ~ Contract Change Order No. I to Agreement No. 01-235 with Bowman Asphalt ($21,219.64 for a total Contract Amount of $338,135.52) for the project known as Paladino Drive Street construction. (Ward 3) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This Project provides a new paved roadway on Paladino Drive to replace the existing dirt roadway. Dudng the construction of the project, field conditions were found to be different than those anticipated during design. In order to construct the roadway to City Standards, additional aggregate base over and above the engineer's estimate needs to be installed. Furthermore, additional lane striping is needed to join the existing roadway stripe to the new roadway stripe. The total cost for these changes is $21,219.64. Sufficient funds are available within the project to cover the cost for this change order. With this Change Order, the revised contract amount will be $338,135.52. dns December 28, 2001, 4:17pm G:\GROUPDAT~ADMINRPT~2002~Jan 9~CCO 1 PaJidino Drive Street Const.wpcl ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8 .$. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 26, 2001 APPROVED DEPARTMENT H E A D/'~/~.~ _~?~ '~'~ CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Accept bids from Jim Burke Ford $844,347.50 and Three Way Chevrolet $79,568.58 for forty (40) vehicles (30 replacement, 10 additional) for the Public Works Department. Total $923,916.08 RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were received from three (3) vendors. POLICE SPECIAL (36) MID-SIZE (3) UTILITY Jim Burke Ford 2001 Oak Street Bakersfield, CA 93301 Three Way Chevrolet 3800 California Avenue Bakersfield, CA 93309 Hoblit Motors P.O. Box 910 Woodland, CA 95776 $23,558.16 (29 blk/wht) (City) $23,022.98 (7 white) $17,678.02 $30,273.46 (City) no bid $17,546.53 $26,928.99 $24,345.75 $17,749.88 no bid P:~ADMIN~2002 ADMiN\C02_0109A Sedans & Utility Vehicle.wpd GJK:DW:Ijm December 27, 2001, 12:57pm ADMINISTRATIVE MEETING DATE: January 9, 2002 REPORT IAGENDA SECTION: Consent Calendar ITEM: 8. t.. TO: FROM: DATE: SUBJECT: (1) Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director December 17, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Dedication Of Property: Quitclaim Deed from the City Of Bakersfield to Castle & Cooke California, Inc., for a portion of an existing Drainage Basin located south of Stockdale Highway and east of Buena Vista Road, (Ward 4) RECOMMENDATION: Staff recommends granting of the Quitclaim BACKGROUND: This quitclaim is for a portion of an existing drainage basin easement located south of Stockdale Highway and east of Buena Vista Road. The developer has redesigned the drainage system so that this portion of the basin is no longer required. G:\GROLIPDAT~,DMINRPT~2002~Jan 9\DEDICATION OF PROPERTY.wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 21, 2001 APPROVED DEPARTMENT HEAD ATTOR.E¥ CITY MANAGER ~'~ SUBJECT: Southwest Fire/Police Facility 1. Appropriate $1.4 Million General Fund beginning fund balance and transfer $1,420,000 from the General Fund to the Capital Outlay Fund Capital Improvement Budget. 2. Appropriate $208,000 Asset Forfeitures to the Capital Outlay Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends the City Council approve the appropriations and transfer. BACKGROUND: An additional Southwest Fire Station was first proposed in the 1997-98 Capital Improvement Budget. The estimated cost was approximately $1.2 million. Since that time the estimated cost has grown to $2.5 million for construction of a fire facility. Further, a police substation is proposed for the same site at an estimated cost exceeding $800,000. The City has set aside funds for construction of this fire facility over several years as follows. FiscalYear Annual Cumulative 1997-98 100,000 100,000 1998-99 150,000 250,000 1999-00 100,000 350,000 2000-01 300,000 650,000 2000-01 Mid Year 550,000 1,200,000 2001-02 300,000 1,500,000 S:\KimG~Forms 8, Lables~ADMIN-SouthwestFirePoliceFacility,wpd klg ADMINISTRATIVE REPORT Page 2 Construction of the new facilities are estimated to cost in excess of $3.3 million. Approximately $2.5 million for Fire and $0.8 million for Police. Current appropriations consist of $1,463,980 in the Capital Outlay Fund (COF) for the Fire portion in addition to transferring $20,000 budgeted for Fire workout equipment in the General fund. There is $40,000 for Fire turnout lockers and $225,000 for the Police specific plan in the COF. Staff proposes to appropriate 1.4 million available General Fund balance ($1 million for Fire and $0.4 million for Police) and $208,000 Asset Forfeiture monies to complete the funding. A schedule of funding sources is as follows: Fire Police Total Capital Outlay Fund General Fund Asset Forfeitures General Fund Balance $1,503,980 $225,000 $1,728,980 20,000 20,000 208,000 208,000 1,000,000 400,000 1,400,000 $2,523,980 $833,000 $3,356,980 Additionally, the City budgeted $685,000 for the ladder truck in the current year. S:~KimG\Forms & Lables'tADMIN-SouthwestFirePoliceFacility.wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar ITEM: 8 .¥. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney December 19, 2001 APPROVED DEPARTMENT HEAD~f'~ ClTY ATTORNEY CITY MANAGER Appropriate and transfer $125,000 capital outlay fund balance to the off-street parking fund capital improvement budget for property acquired at 1426 "P" Street. (~Wa rd 2 ) RECOMMENDATION: Staff recommends approval of the appropriation and transfer. BACKGROUND: In order to provide needed parking facilities to service the Convention Center and Centennial Garden, staff initially attempted to negotiate the acquisition of property located at 1426 "P" Street. These attempts were unsuccessful, and the City Council eventually authorized the City Attorney to proceed with eminent domain acquisition of the property. A jury trial was held in August 2001, and the jury determined that the fair market value for the property was $451,000, plus interest. This amount exceeds the amount appropriated for this project in the off-street parking fund capital improvement budget by $125,000. The appropriation and transfer recommended will be used to compensate the owners of the property for the total amount awarded by the jury, plus interest, to date. BJT:las JA9CA1 .CC December 19, 2001, 11:22am ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Ca 1 enda r ITEM: 8. w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police December 18, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY.~ CITY MANAGER _~ Appropriate $510,476 grant monies to the Police Department Budget in the General Fund for additional police officers and equipment in suppod of the California Multi-Jurisdictional Methamphetamine Enfomement Team. RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: The County of Kern has received a grant from the Governor's Office of Criminal Justice Planning, State of California, to combat clandestine methamphetamine labs in Kern County. The Bakersfield Police Department intends to participate in the operation and receive $510,476 from the grant (California Multi-Jurisdictional Enforcement Team, CAL-MMET). The recommended use of the funds is to hire three additional police officers and to purchase equipment. The appropriation is necessary to pay for the additional personnel and equipment. The grant requires the funds be expended by October 31, 2002. rcu December 18, 2001, 2:37pm P:~ADMRP'~CALMMET grant.wpd ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. x. TO: Honorable Mayor and City Councilmembers APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD~ ~/~'"~ DATE: December 19, 2001 CITY ATTORNEY ~¢~'~ CITY MANAGER ~ SUBJECT: Economic and Community Development Department Foreclosure Policy RECOMMENDATION: Staff recommends referral to Budget and Finance Committee BACKGROUND: Economic and Community Development staff has recently completed a comprehensive review of existing Housing guidelines. As a result of this review, staff determined that it was necessary to develop a foreclosure policy which would apply to all loans given by the department to recipients of the City's various housing programs. Currently, to secure repayment of all loans and grants, the recipient signs a promissory note and executed deed of trust in favor of the City. If at any time during the tife of the loan or term of the grant, the recipient is not in compliance with the provisions of such documents including contractual agreements, staff will review the file and make recommendations to the Economic Development Director. A pre-foreclosure analysis will be conducted to determine the best course of action for both the City and the recipient. Staff recommends this item be referred to the Budget and Finance Committee. December 21, 2001, 8:25am C:\Documents and Settings\dkramer\Local Settings\Temp~ADMINForec[osure.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 9, 2002 AGENDA SECTION: Consent Ca 1 enda r ITEM: 8. y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks January 2, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ Relocation of City Recreation and Parks Department Offices (Ward 2) and authorization for the City's Real Property Manager to negotiate lease terms. RECOMMENDATION: Staff recommends approval. BACKGROUND: For several years, the Department of Recreation and Parks has needed office space that is more accessible and convenient to citizens conducting business with the department, as well as accommodating the current staff. The Economic and Community Development Department has located potential space for their offices in the downtown area. On November 14, 2001, the city council approved the relocation of the ED/CD offices and for the Real Property Manager to negotiate a lease. The Department of Recreation & Parks has estimated its space needs at approximately 10,000 square feet. A suitable location would solve many problems associated with the current location. For example: the Corporation Yard location is not suitable for a customer-service office, especially given the volume of transactions the department handles. In the first six months of operation with the computerized system, the department made park reservations for events that served over 125,000 citizens. In a typical month, office staff serves hundreds of citizens with park reservations, class registrations, and general information. P:\Office Move\Relocation ofOffice-Admin 1-9-02.~:)d January 3, 2002, 9:46AM ADMINISTRATIVE REPORT Page 2 citizens report that the current location is confusing (i.e when they see the heavy equipment, etc. they believe that they are in the wrong location). having a large number of non-employees and non-employee vehicles in the Corporation Yard is not a good situation from a security standpoint. parking for both the public and city staff is inadequate. the current building is very near both the railroad tracks and the yard-waste sump. Both are very distracting to staff attempting to conduct business and serve the public. the HVAC system is inadequate and inefficient. the existing meeting space is inadequate for the public meetings the department's advisory committees host (e.g. Citizens Community Services Advisory Committee, Keep Bakersfield Beautiful, and the Tree Ad-Hoc Committee). the existing space is not sufficient for the current staff; necessitating the leasing of two office trailers and having some staff in satellite facilities. the existing space is unsuitable for current operations (e.g. no work space for recreation program preparation or park planning activities). In addition to resolving the issues mentioned above, locating downtown would effectively consolidate city service departments into one central location, which would further enhance the city's service delivery to the public. The proximity to both City Hall and the Development Services Department would also be more efficient for the department operations. A downtown location would reduce staff time and vehicle use traveling to and from City Hall for meetings and routine business. The estimated savings would be a minimum of $10,000 per year. In the ED/CD proposal to the council, the lease price was estimated at $1.45 per square foot. Using this cost, the department estimates that needed space would cost approximately $150,000 annually. Staff has identified funds in this fiscal year, as well as potential funding for upcoming years that should be sufficient for the lease payment without reducing service levels to the public. The proposed funding includes savings in unexpended recreation program money which is available due to program changes, reduction in staff training funds, savings from office trailer rental, and new revenue. The current adopted budget includes $45,000 for new office space. These funds should be sufficient to cover one-time expenses associated with the relocation. P:\Office Move\Relocation ofOffice-Admin 1-9-02.'wpd January 3, 2002, 9:46AM ADMINISTRATIVE REPORT Page 3 Proposed funding of the lease is as follows: FY01-02 FY02-03 (5 months) Savings from rental office trailers $4,000 $12,000 Savings from canceled programs $3,000 Savings in after-school program $13,000 $15,000 Reduction in staff training budget $30,000 $30,000~ Reduction in advertising $2,000 Revenue from concession agreement $10,000 Reduction in one-time equipment expenditures $30,000 Reduction in miscellaneous operational expenses $63,000~ Total $62,000 $150,000 ~T oral of small amounts from various line items. Should both departments be able to locate in a single location, there is potential for some shared meeting space, which could reduce the amount of space each department would have to lease independently and some benefit in the costs and coordination of locating phone and computer lines. Further, the Real Property Manager has indicated that negotiating leases for both departments simultaneously may result in a more favorable lease for both departments. Staff is proposing lease terms similar to those that ED/CD proposed. That is, a three-year lease with an option for a two-year extension and that the departments relocation occur at a time that compliments the ED/CD relocation. P:\Office Move\Relocation ofOffice-Admin 1-9-02.~d January 3, 2002, 9:46AM ADMINISTRATIVE REPORT MEETING DATE: January 9, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building December 17, 2001 AGENDA SECTION: Hearings TEM: 9 · a. EDDEPARTMENT H E/~__~ CITY ATTORNEY CITY MANAGER ~ 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, 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. 321 Augusta Street 018-220-25 $ 795.00 2. 1905 & 1909 Carver Street 172-051-16 $ 294.00 3. 149 Chester Avenue 010-300-05 $ 495.00 4. 1023 CollinsWay 019-030-05 $ 495.00 5. 3610 Hale Street 172-052-09 $ 914.00 6. 139 S. Milham Drive 169-031-16 $ 570.00 7. NWC E. Planz Road & Oliver 170-200-18 $ 269.00 Ward 2/Councilmember Benham 8. 912 18th Street 006-060-22 $ 602.00 9, 2102 20th Street 003-251-05 $ 570.00 10. 708 & 712 30t~ Street 002-081-18, 19 $ 4,207,00 Ward 5/Councilmember Hanson 11. 3905 Phaffie Avenue 440-032-04 $ 995.00 December 17, 2001, 10:23am ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 71Councilmember Salvaaaio 12. 2909 Gemline Avenue 023-284-02 $ 565.00 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. JA09BI.HRG December 17, 2001, 10:23am ADMINISTRATIVE REPORT IMEETING DATE: January 9, 2002 AGENDA SECTION: New Business ITEM: [2.a. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: December 21, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Request by Councilmember Jacquie Sullivan Regarding Placement of Patriotic Plaques and Documents in Public Areas RECOMMENDATION: Refer to Community Services Committee. BACKGROUND: Councilmember Jacquie Sullivan has requested that the City Council consider the attached proposal regarding placement of patriotic plaques and documents. She has requested that this item be referred to the Community Services Committee for discussion and recommendation. Staff has also been in contact with a representative of the Exchange Club of Bakersfield which has a program that provides various patriotic documents on plaques for display in what is called a "Freedom Shrine". This includes the Declaration of Independence, the U.S. Constitution and other historically important documents. The display includes about 30 plaques and is typically placed in schools and other public places. Kern County has a "Freedom Shrine" on the second floor of the County Administrative Building. The display requires about 30 feet of wall space. Staff has researched the possibility of placing the display in the hallway near the Mayor's Office since it requires a large area for display and it is easily accessible by the public visiting City Hall. The cost of the plaques is approximately $1,000 which is usually paid by a sponsor of the project. The City Council could choose to sponsor such a project at City Halt using funds from Council Contingency. December 21, 2001,3:15PM C:\My Documents\WordPerfect Files\Patriotic Plaques.wpd