Loading...
HomeMy WebLinkAbout01/23/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 23, 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 (15 min) (20 min) 2. WORKSHOP Report by the Office of Emergency Services regarding the City Council's duties during a local disaster. (Rod Hideman, State Office of Emergency Services and Ron Fraze, Fire Chief) b. Report on Senate Bill 975 (Bart Thiltgen, City Attorney) CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney. Closed Session pursuant to Subdivision (a) of Government Code Section 54947 REGULAR MEETING 1. INVOCATION by Reverend L. Fisher Hines, Cain Memorial A.M.E. Church PLEDGE OF ALLEGIANCE by Samantha Smith, Third Grade Student, Christa McAuliffe Elementary School. 3. ROLLCALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hall of Commendation Plaque to Bob Trammell, MIS Director, in recognition of the City of Bakersfield receiving a Top Ten Ranking in the Center for Digital Government's 2001 Digital Cities Survey. Presentation by Councilmember Mike Maggard, representing the San Joaquin Valley Air Pollution Control District, of a rebate check to the City of Bakersfield Public Works Department, in the amount of $95,861 for three dedicated CNG Street Sweepers. 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. January 9, 2002 Council Meeting. Payments: Payments from December 29, 2001 to January 10, 2002 in the amount of $3,141,194.87; and Self Insurance payments from December 29, 2001 to January 10, 2002 in the amount of $96,692.18. Ordinances: Adopt. Ordinance amending Title 17 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 1/9/02) (Ward 4) Adopt 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 No. P01-0793) (First reading 1/9/02) Resolutions: Resolution supporting passage of Proposition 40, California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Resolution supporting Proposition 42, which would allocate a portion of the existing sales tax on gasoline to cities and counties to be used for transportation improvements. Resolution encouraging the State of California to implement the Federal Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001. (Deferred Compensation) (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 431, located at the northwest corner of Jewetta Avenue and Brimhall Road. i. 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 $85,000. Agreement with AirPhoto USA, $85,000 to update digital aerial images of Metropolitan Bakersfield which are compatible with PhotoMapper~software. -2- 8. CONSENT CALENDAR continued (Ward 4) (Ward5) (Wards 1.2,4,5,7). (Ward 2) (Ward 2) (Ward 4) (Ward 4) Agreements: j. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Castle and Cooke California, Inc. for Tract 5928, Phase G, located north of White Lane, west of Buena Vista Road. 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 at the southwest corner of Truxtun Avenue and Truxtun Plaza East. Agreement with Metropolitan Recycling Corporation for a one-year curbside recycling pilot program from April 1, 2002 to March 31, 2003. I. Agreement with Pepsi Bottling Group to provide vending machines in public parks. m. Property Acquisition: Purchase Agreement with Ruth Z. Wilkerson, Trustee of the Ruth Z. Wilkerson Trust, dated May 19, 1984, $75,000 to purchase real property at 1001 13th Street. Purchase Agreement with William E. Pierson Jr. and Mildred Pierson, Trustees of the Pierson Family Trust, dated November 22, 1996 and Ruth Brown, $55,000 to purchase real property at 1007 13th Street. Appropriate and transfer $156,535 the net proceeds from the sale of a portion of the Wastewater Treatment Plant No. 1 site, demolished in the late 1970's to the Off-Street Parking Fund for land acquisition, closing costs, relocation assistance, demolition and holding costs. Agreement with the Raymond T. and Imogene W. Taylor to purchase real property located at 1300 O Street for $65,000 of Community Development Block Grant Funds. Consultant's Agreement with RRM Design Group for Architectural and Engineering 9ervices, $350,000 for Fire ~tation No. 15 and West Bakersfield Police 9ubstation on Buena Vista Road at Deer Peak Drive. Amendment No. 1 to Reimbursement Agreement No. 00-292 with the Bakersfield Christian High School Foundation, $37,000 for a total contract amount of $136,155.20, for construction of a landscaped median island on Stockdale Highway, east of Alien Road. Bids: q. Accept bid from Lortz Manufacturing, $25,891.49 for culvert pipe. r. Reject all bids for Articulated Trencher for Public Works. -3- (Ward 4) CONSENT CALENDAR continued S. Brimhall Road Sewer - Westdale Drive to Allen Road. Accept bid to award contract to Mauldin-Dorfmeier Construction Inc. $682,000. Agreement with the County of Kern to connect existing dry sewer system within the County right-of-way to the City sewer system, not to exceed $97,000. Appropriate $97,000 County share of project cost and $678,000 fund balance to the Capital Improvement Program Budget within the Sewer Enterprise Fund. Miscellaneous: Approve sewer user fees for hospitals to remain on the flat rate schedule versus a fee based upon actual flow. u. Accept $2,807 for a Swift Water Rescue Boat from Hall Ambulance Company. Appropriate $2,807 to the Fire Department Operating Budget within the General Fund. Request by Councilmember David Couch regarding opposing Assembly Bill 680 relating to Sales Tax Redistribution. (Refer to Legislative and Litigation Committee) Request by Councilmember David Couch regarding implementing the Clean Up Bakersfield (CUB) program in cooperation with the Cub Scouts. (Refer to Community Services Committee) Staff recommends adoption of Consent Calendar Items a. through w. (Ward 4) HEARINGS a. Underground Utility District: Public hearing as required by Resolution of Intention No. 1262 declaring the C~ty's 'ntent'on to order the estab ~shrnent of Underground Utility District No. 2, Division 29. (Buena Vista Stockdale) Resolution establishing Underground Utility District No. 2, Division 29. (Buena Vista, Stockdale) Staff recommends overriding protests and adopting resolution establishing Underground Utility District No. 2, Division 29, (Buena Vista, Stockdale). -4- (Ward 7) HEARINGS continued · Negative Declaration with mitigation measures for the White Lane/Highway 99 Interchange Reconstruction Project. (Staff comments by Raul Rojas, Public Works Director) Staff recommends adoption of the resolution approving the Negative declaration, with mitigation measures, for the White Lane/Highway 99 Interchange Reconstruction Project. Ordinance amending Chapter 15.78 of the Bakersfield Municipal Code relating to mitigation for Urban Development Impacts on Endangered species. Resolution approving and adopting amended fees pursuant to Chapter 15.78 of the Bakersfield Municipal Code relating to the Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program. Staff recommends first reading of the ordinance and adoption of the resolution. 10. REPORTS 11. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Co uncil'~G E N DA~2002~JAN 2302.wpd January 17, 2002 (2:15pm) -5- B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM Januaw 18,2002 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/-~ ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - JANUARY 23, 2002 COUNCIL MEETING PRE-MEETING There are two workshops: 1) Report by the Office of Emergency Services regarding the City Council's duties during a local disaster; and 2) Report by the City Attorney regarding Senate Bill 975 (prevailing wages.) There is one closed session item regarding the performance evaluation of the City Attorney. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance amendinq the text of the Municipal Code reqardin.q uses permitted by Conditional Use Permits, removin~ lanquage that references dairies, stockyards and other animal confinement uses. This ordinance was given first reading at the City Council meeting on January 9, 2002. No one spoke in opposition. item 8d. Ordinance adoptinq the Neqative Declaration and amendinq the Municipal Code and Zoninq Map from R-1 to M-1 on 1.7 acres located north of Meany Avenue, west of Patton Way. This ordinance was given first reading at the City Council meeting on January 9, 2002. No one spoke in apposition. HONORABLE MAYOR AND CITY COUNCIL JANUARY 18, 2002 PAGE :2 Resolutions: Item 8e. Resolution supportinq passaqe of Proposition 40, California Clean Water, Clean air, Safe Neiqhborhood Parks and Costal Protection Act of 2002. In March 2002, California voters will be asked to approve Proposition 40, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. This Act provides funding that includes per capita, block grant, and competitive distributions to agencies such as the City of Bakersfield. One third of the monies apportioned to local government, with an emphasis on under-served and park-poor communities. This will provide funding for urban parks, habitat preservation, and historic preservation. This Resolution indicates the City Council's support for passage of the Proposition. Item 8f. Resolution supportin.q the requirement of gasoline taxes to be used to improve mass transit, highways and local roads. This resolution summarizes the City's support of Proposition 42, which proposes to make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes to be used to improve highways, local roads and mass transit. This will provide a constant revenue source for maintenance of roadways within the City, such as potholes, and dangerous road conditions. Proposition 42 will help speed up highway safety and traffic relief projects, which will create thousands of new construction and other jobs, thereby stimulating the economy. Item 8q. Resolution Encoura~inq the State of California to Implement the Federal Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001. This Act includes increasing the amounts employees can defer in their retirement compensation plans. To date, the State has not implemented legislation relating to increased EGTRRA limits, so this Resolution encourages the State to implement provisions in the EGTRRA, and the forwarding of the Resolution to the Bakersfield State Legislators and the Governor. The failure of the State to act means State taxes would be assessed on employee deferred compensation contributions, but not federal taxes, thus creating accounting and record keeping problems for all. Item 8h. Resolution of Application proposing proceedinqs for annexation of uninhabited territory located at the northwest corner of Jewetta Avenue and Brimhall Road. The proposed annexation consists of approximately 4.5 acres of uninhabited land, which is developed with a single family residence. The property owner approached the City to annex. Item 8i. Diqital Aerial Imaqery. Two years ago, the City began purchasing aerial photos in an electronic format, which has since become an invaluable tool Citywide. It is now necessary to update these images. The update will need to be compatible with the current software, PhotoMapper~) by AirPhotoUSA. Staff recommends adoption of a resolution determining that this imagery cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with the bidding in an amount not to exceed $85,000. Staff also recommends approval of an agreement with AirPhoto USA to purchase the imagery update. HONORABLE MAYOR AND CITY COUNCIL JANUARY 18, 2002 PAGE 3 A.qreeme nts: Item 8k. Aqreement with Metropolitan Recyclin,q Corporation for a one-year curbside recyclinq pilot pro,qram from April 1, 2002 to March 31, 2003. In response to concerns expressed by residents for a curbside recycling program, the City's hauling contractor has offered to conduct a pilot program in an area covering 10 percent of the City for one year. The program would be voluntary. Each home that chooses to participate will pay $5 per month and will be expected to continue service for the 12-month duration. The fee provides pick-up service for clean recyclables every other week. After gathering data on participation and operating costs, a new service fee will be calculated in order for the City Council to consider expansion of the program. Item 81. Agreement with Pepsi Bottlinq ,qroup to provide vendinq machines in public parks. The Recreation and Parks Department has been reviewing concession needs and services in department facilities. In September 2000, the Legislative and Litigation Committee agreed with the department's recommendation to issue a Request for Proposal for vending services. Of the three acceptable responses that were received, Pepsi Bottling Group's proposal was selected as the one that would best serve the community. Pepsi will provide beverage vending machines in 19 parks, any needed repairs, and maintain and service the machines. The City will receive an annual guaranteed payment of $15,000 during the five-year term of the agreement, a first year signing bonus of $2,500, for a total of $77,500. The City may receive additional revenue from commission incentives, if certain benchmarks are achieved. Item 8m. Property Acquisition. The City has been acquiring properties as they become available to provide additional parking for the Convention CentedCentennial Garden complex, and to remove blight from the areas around the arena parking lots. The residential property owners of 1001 13th Street and 1007 13th Street have contacted the City and offered to sell their properties. An agreement with each of these property owners is proposed for approval in the amounts of $75,000 and $55,000, respectively. Appropriation and transfer of $156,535 is also being requested for land acquisition, relocation assistance, demolition and holding costs. These one-time monies resulted from the sale of surplus property south of Highway 58, east of Mt. Vernon Avenue. On November 16, 2000, the Planning Commission found the acquisition consistent with the 2010 General Plan. Item 8n. A,qreement with Raymond T. and Imoqene W. Taytor to purchase real property located at 1300 "O" Street for $65,000 of Community Development Block Grant Funds. As part of Amendment No. 1 to the CDBG Action Plan approved by the Council on April 28, 1998, program funds were designated for the Acquisition and Demolition Program for vacant substandard properties in Wards 1 and 2. The purpose is to purchase and demolish deteriorated industrial, commercial and residential properties in redevelopment project areas. The next property to be acquired is a former gas station/garage located at 1300 "O" Street. This is a 6,583 square foot parcel,developed with an 852 square foot building and 504 square foot office. In addition, two underground fuel storage tanks with a fuel dispenser island and two in- ground hydraulic vehicle lifts remain on site. Two environmental assessments were prepared which show that the soil beneath the tanks and lift does not threaten ground water, nor would further assessment be needed for the site. As part of the purchase agreement, the two tanks and lifts will be removed during escrow, at no further cost to the City. On November 16, 2000, the Planning Commission found the acquisition consistent with the 2010 General Plan. HONORABLE MAYOR AND CITY COUNCIL JANUARY 18, 2002 PAGE 4 Item 8o. Consultant's A,qreement with RRM Desiqn Group in the amount of $350,000 for Architectural and Enqineerin,q Services for the Fire Station No. 15 and West Bakersfield Police Substation on Buena Vista Road at Deer Peak Drive. Statements of Qualifications were received from 12 firms, 5 of which were invited to prepare a fee proposal and make an oral presentation to staff. Staff recommends the Consultant's Agreement be awarded to RRM Design Group based upon their combination of qualifications and fee proposed is the most favorable to the City. Item Bp. Amendment No. 1 to Reimbursement A,qreement No. 00-292 with the Bakersfield Christian Hi,qh School Foundation (BCHSF) in the amount of $37,000 for construction of a landscaped median island on Stockdale Hiqhway, east of Allen Road. On November 29, 2000, Council approved an agreement whereby BCHSF agreed to construct a full-width landscaped median on Stockdale Highway between Allen Road and the Stockdale Highway crossing of the Kern River. The City agreed to reimburse them for the cost of one half of the median from fees collected from the adjacent developer. The median fees were set at $30 per linear foot. Since that date, BCHSF presented evidence that the median fee is not adequate compensation. After review of the documentation and actual costs for median construction for recent City projects, Staff agreed with the evidence. It is recommended to increase the median island reimbursement to $40 per linear foot or actual costs, whichever is lower. This brings the total reimbursement to BCHSF to $136,155.20. Bids: Item 8q. Award bid to Lortz Manufacturinq for culvert pipe in the amount of $25,891.49. Four acceptable bids were received. Staff recommends award to Lortz Manufacturing. Item 8r. Reiect all bids for Articulated Trencher for Public Works. No bids meeting specifications were received for an articulated trencher. Two bidders responded, however, the units bid were not articulated units. Staff will re-write the specifications to more clearly state the requirements and resubmit he invitation to bid. item 8s. Brimhall Road Sewer - Westdale Drive to Allen Road. The project consists of constructing a new sewer trunk line along Brimhall Road from Westdale Drive to Allen Road, and construction of a segment of sewer line between Westdale Drive and Southport Way. The proposed agreement will provide the means by which the County will pay for their portion of the project between Westdale and Southport, in an amount not to exceed $97,000. Ten acceptable bids were received. Staff recommends award to Mauldin-Dorfmeier Construction in the amount of $682,000. Miscellaneous.~ Item 8t. Approve sewer user fees for hospitals to remain on the flat rate schedule versus a fee based upon actual flow. The City Council adopted a new revenue program for sewer service at the May 16, 2001 meeting. This included a new per-bed, flat rate schedule for hospitals, to be phased in over seven years. Staff was directed to investigate for hospitals a sewer fee based upon actual water usage rather than a flat rate. Based upon analysis by staff, it was determined HONORABLE MAYOR AND CITY COUNCIL JANUARY 18, 2002 PAGE 5 that converting hospitals to a fee based upon actual flow would double their sewer fees. This item was presented to the Budget and Finance Committee at its December 6, 2001 meeting. The Committee recommends leaving hospitals on the flat rate, seven years phase in schedule. Item 8u. Accept $2,807 for a Swift Water Rescue Boat from Hall Ambulance Company. Appropriate $2,807 to the Fire Department Operatin,q Budqet within the General Fund. The Fire Department is working to expand its operational capabilities in regards to swiftwater rescue operations, which is the second most common type of technical rescue. Hall Ambulance is donating $2,807 to be used for purchase of an inflatable rescue boat, which is a vital step in the Water Rescue Program. Item 8v. Request by Councilmember David Couch re,qardinq opposinq Assembly Bill 680 relatinq to Sales Tax Redistribution. The City Council is asked to oppose Assembly Bill 680, which relates to Sales Tax redistribution. AB680 would apply to counties and cities in the greater Sacramento area and redistribute Sales Tax growth within the region based on specific priorities. The League of California Cities currently opposes the bill. The bill, if passed, would not directly affect the City of Bakersfield, but could set a precedent for efforts to redistribute Sales Tax revenues which are the City of Bakersfield's major General Fund revenue source. Item 8w. Request by Councilmember David Couch reqardin,q implementing the Clean Up Bakersfield (CUB) Proqram in cooperation with the Boy Scouts. Councilmember Couch requested that Council consider implementing a Clean Up Bakersfield (CUB) program in cooperation with the Boy Scouts as part of the City's Keep Bakersfield Beautiful efforts. He requested this item be referred to the Community Services Committee. HEARINGS Item 9a. Underqround Utility District. By Resolution of Intention, approved on January 9, 2002 by Council, January 23, 2002 was set for a public hearing regarding the City's intention to order the establishment of an underground utility district at Buena Vista and Stockdale. The hearing has been duly advertised and the property owners notified as required by law. A resolution is necessary in order to comply with the Municipal Code and PG&E regulations. All overhead lines in the area of the proposed 30-acre park north of Stockdale at Buena Vista, and along the first 500 feet of Buena Vista south of Stockdale shall be removed and relocated underground. The district will be constructed at no cost to the City. Item 9b. Neqative Declaration with mitiqation measures for the White Lane/Hiqhway 99 Interchanqe Reconstruction Project. Pursuant to the California Environmental Quality Act (CEQA), adoption of the proposed Negative Declaration is necessary to proceed with plans for reconstructing the interchange at White Lane and Highway 99. The purpose of the project is to improve traffic flow, traffic safety, and mitigate traffic-related noise impacts. The improvements will occur on White Lane, between Wible Road and El Potrero Lane, and along Highway 99 just south and north of the existing White Lane on and off ramps. During the review period, the City received one comment on the Negative Declaration from the California Regional Water Quality Control Board, who indicate that the City must submit a Notice of Intent to comply with the National Pollutant Discharge Elimination System for Discharges of Storm Water associated with construction activity to the State Water Resources Control Board. They indicate the City must HONORABLE MAYOR AND CITY COUNCIL JANUARY 18, 2002 PAGE 6 also prepare a Storm Water Pollution Prevention Plan. Both of these documents will be submitted 30 days prior to the commencement of construction activities. Item 9c. Ordinance amendin,q the Municipal Code relatinq to mitiqat on for Urban Development Impacts on Endanqered species. On June 21, 2001, the Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group recommended approval of the ordinance amendments and amended fee schedule related to transferring lands in-lieu of payment of land acquisition. Council's approval of this ordinance amendment will be forwarded to the Kern County Board of Supervisors for their action to ensure the continued consistent implementation of the Plan. The proposed amendment would simplify the process by using an acre for acre land exchange to satisfy a portion of the habitat fees. In other words, each acre of land found acceptable by the Trust Group would be used to mitigate an acre of land the developer seeks to develop. This item also brings to Council a resolution setting fees, which proposes changes only related to the land in-lieu process. Changes include eliminating the application processing fee of $307 for land in-lieu applicants, adding reference to the inflation factor for the fencing and managements cost components of the Habitat Conservation Plan fees. AT.AC:al cc: Department Heads City Clerk's Office News Media File S:~AGN_H[GH\02Jan23.doc Januar~ 17, 2002 ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 IAGENDA SECTION: Workshop ITEM: 2.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief January 14, 2002 DEPARTMENT HEAD ClTY ATI'ORNEY ClTY MANAGER N/A Report by the Office of Emergency Services regarding the City Council's duties during a local disaster RECOMMENDATION: BACKGROUND: Rod Hideman from the State Office of Emergency services will be presenting. Fire Chief Fraze will be available for questions. kec January 15, 2002, 11:37am p;~admin repo~EOS workshop Council duties ADMINISTRATIVE REPORT I MEETING DATE: January 23, 2002 AGENDA SECTION: Workshop ITEM: 2.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 14, 2002 APPROVED DEPARTMENT HEAD z~ ClTY ATI'ORNEY CITY MANAGER Report on Senate Bill 975 (Bart Thiltgen, City Attorney) (20 min.) RECOMMENDATION: BACKGROUND: City Attorney Bart Thiltgen will discuss the impact of Senate Bill 975 on private developers with regard to paying prevailing wage on construction projects. S:\COUNCIL~Admins~SB975 Wkshp.wpd BJT:las JA23CA1 .WK January 14, 2002, 2:25pm ADMINISTRATIVE REPORT MEETING DATE: January 23. 2002 AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 11, 2002 APPROVED CITY MANAGER ,/~ SUBJECT: Public Employee Performance Evaluation - City Attorney Closed session pursuant to subdivision (a) of Government Code section 54947 RECOMMENDATION: BACKGROUND: BJT:las JA23CA1 .CS January 11, 2002, 11:25am ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Prese.n'cat |ons ITEM: 5.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 9, 2002 DEPARTMENT HEAD~I~. CITY ATrORNEY CITY MANAGER //~ Presentation by Mayor Hall of Commendation Plaque to Bob Trammell, MIS Director, in recognition of the City of Bakersfield receiving a Top Ten Ranking in the Center for Digital Government's 2001 Digital Cities Survey. RECOMMENDATION: BACKGROUND: January 9, 2002, 3:22pm ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Presentations ITEM: 5.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 11,2002 DEPARTMENT HEAD CITY A'I'rORNEY CITY MANAGER Presentation by Councilmember Mike Maggard, representing the San Joaquin Valley Air Pollution Control District, of a rebate check to the City of Bakersfield, in the amount of $95,861, for 3 dedicated CNG Street Sweepers, RECOMMENDATION: BACKGROUND: January 14, 2002, 11:34am ADMINISTRATIVE MEETING DATE: January 23, 2002 Honorable Mayor and City Council Pamela A. McCarthy, City Clerk January 11, 2002 TO: FROM: DATE: SUBJECT: Minutes of January 9, 2002 Council Meeting. RECOMMENDATION: REPORT Consent Calendar AGENDA SECTION: ITEM: 8.a. DEPARTMENT HEAD CITY A'n'ORNEY N/A CITY MANAGER ~ APPROVED BACKGROUND: bz S:\Council~admins~ADMINS~JAN2302.wpd Janua~J 11,2002, 2:06pm ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8ob. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 11, 2002 APPROVED DEPARTMENTHEAD,,.4~~ CITY A'I'I'ORNEY '-'"'~. CITY MANAGER ~ Approval of department payments from December 29, 2001 to January 10, 2002 in the amount of $ 3,141,194.87 and self insurance payments from December 29, 2001 to January 10, 2002 in the amount of $96,692.18. RECOMMENDATION: Staff recommends approval of payments totaling $3,237,887.05. BACKGROUND: S:\KimG\Forms & Lables~ADMIN-AP.wpd klg ADMINISTRATIVE REPORT MEETING DATE: Janua~23,2002 AGENDA SECTION: Consent Calendar ITEM NO: 8o.C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2002 DEPARTMENT H~D~z/~ ATTOR.F¢ 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 daides, stockyards and other animal confinement uses. (citywide) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of this ordinance amendment on January 9, 2002. 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 ADMINISTRATIVE REPORT yards, poultry and rabbit raising facilities, and stockyards. Other zones in the city allow the 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 dairies 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 IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent ITEM: 8od. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2002 APPROVED DEPARTMENT HE/~ CITY ATTORNE~~' ~x'~ ClTY MANAGER ~ 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 adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on January 9, 2002. 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 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:pjt (admin~jan\1-23-0793) January 4, 2002, 8:29am ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks January 14, 2002 APPROVED DEPARTMENT HEAD ~X~ CITY ATI'ORNEY /,/'~' CITY MANAGER ,~ Resolution Supporting Passage of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In Mamh 2002, California voters will be asked to approve Proposition 40, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Proposition 40, if adopted, would authorize financing a program for the acquisition, development, restoration, protection, rehabilitation, stabilization, reconstruction, preservation, and interpretation of park, coastal, agricultural land, air, and historical resources. The act provides funding that includes per capita, block grant, and competitive distributions to agencies such as the City of Bakersfield. One-third of the money will be apportioned to local government, with an emphasis on under served communities and park-poor communities. This funding will provide funds for urban parks, protection of beaches and watershed, habitat preservation, and historic preservation. The resolution indicates the City Council's support for the passage of Proposition 40, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Kt January 15, 2002, 4:41PM P:\Counci~002BondActAdmin.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.f. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~ DATE: January 7, 2002 CITY ATTORNEY ~~' CITY MANAGER .~"~ SUBJECT: Resolution supporting Proposition 42 which would allocate a portion of the existing state sales tax on gasoline to cities and counties to be used for transportation improvements. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Proposition 42, which proposes to make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes to be used to improve highways, local roads and mass transit, is scheduled for the March 5, 2002, ballot. Proposition 42 will also provide a constant revenue source for maintenance of roadways within the City. The Executive Director of the League of California Cities, wrote a letter dated December 2001, which contained the following narrative: "...Proposition 42, would allocate a portion of the existing state sales tax on gasoline to cities and counties to be used for transportation improvements. Cities and counties combined will receive 40 percent of the Proposition 42 revenues. Twenty percent will be earmarked for cities for local street repairs and maintenance. Twenty percent of the revenue will be earmarked for counties for local road repairs and maintenance. Another 20 percent is provided to public transit agencies, and the remaining 40 percent goes to the State Transportation Improvement Program (STIP), which is primarily composed of locally-identified projects. Proposition 42 is an important measure for all cities and counties as it would provide a much needed on-going reliable source of funding for our streets, roads and other local transportation projects. Proposition 42 is especially important now as many local transportation sales tax measures are set to expire over the next few years." The attached Resolution summarizes the City of Bakersfield's support of the requirement of gasoline taxes to be used to improve mass transit, highways and local roads. dns January 15, 2002, 9:07am G:\GROUPDAT~ADMINRPT~002\Jan 23~Prop42.wpd ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager December 21, 2001 APPROVE____~D DEPARTMENT HEAD CITY A'i'rORNEY CITY MANAGER A Resolution of the Council of the City of Bakersfield Encouraging the State of California to Implement the Federal Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: During 2001, the federal government passed the Economic Growth and Tax Relief Reconciliation Act (EGTRRA). This act has a number of far-reaching tax relief efforts contained within it, including increasing the amounts employees can defer in their retirement compensation plans. Traditionally, the State of California has implemented legislation which is consistent with federal limits although, to date, the State has not implemented legislation relating to increased EGTRRA limits. The City of Bakersfield is very supportive of its employees' efforts to plan for their retirement years through deferred compensation plans. Such forward-thinking planning is important in an employee's retirement years when income is typically much less. Many businesses throughout the nation and state, as well as within Bakersfield, provide deferred compensation plans for the benefit of their employees. The City Council considers its employees and their well-being a high priority and encourages their participation in long-range retirement planning. The State's implementation of the federal EGTRRA legislation within California will have a positive and continuing benefit to employees statewide. This resolution encourages the State of California to implement provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 and the forwarding of the resolution to Bakersfield State Legislators and the Governor. ADM02-01-23-1 -EGTRRA Janua~j 14, 2002, 4:27pm ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.h. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning December 11, 2001 DEPARTMENT HE~~, C,TYA rOR.p/ CITY MANAGER SUBJECT: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 431, located at the northwest corner of Jewetta Avenue and Brimhall Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 431 to the City of Bakersfield. The proposed annexation consists of approximately 4.5 acres of uninhabited land located at the northwest corner of Jewetta Avenue and Brimhall Road. A property owner approached the City to annex to the city. The property is developed with a single family residence. MO:pjt (admin\jan\1-9-431 ) December 13, 2001, 2:23pm ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 10, 2002 Digital Aerial Imagery: APPROVED DEPARTMENT HEAD ~//~. CITY ATTORNEY ~."~ CITY MANAGER ~ 1. Resolution determining that certain Digital Aedal 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 $85,000. 2. Agreement with AirPhoto USA ($85,000) 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: During past years, the City of Bakersfield has purchased aerial photos within the City of Bakersfield's 2010 General Plan. 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 files 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. Sufficient funds are available to fully fund this agreement. G:\GROU PDAT~ADMINRPT~2002~Jan 23~AeHaI-Admin.wpd ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.j. TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council APPROVED Raul M. R~as, Public Works Director January 9,2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ..,~. Tract Maps/Improvement Agreements Final map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5928 Phase G located north of White Lane and west of Buena Vista Road. (Ward 4) 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 at the southwest comer of Truxtun Avenue and 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. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. PE: urs G:\GROUPDAT~ADMINRPT~2002\Jan 23\MAPS&IMPAGR.wpd January 14, 2002, 4:58pm ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 2, 2002 APPROVED DEPARTMENT HEAD CITY ATI'ORNEY CITY MANAGER Agreement with Metropolitan Recycling Corporation (MRC) for a one-year curbside recycling pilot program from April 1, 2002 to March 31, 2003. (Wards 1,2,4,5,7) RECOMMENDATION: Staff recommends apProval of agreement. BACKGROUND: In response to concerns expressed by residents for a curbside recycling program, the City Council has considered the possibility of a voluntary subscription service for those willing to pay the additional cost of a curbside recycling program. Due to the unpredictability of participation and associated costs of a voluntary program, it is necessary to conduct a pilot program for evaluation of this option. For the purpose of evaluation, the City's hauling contractor has offered to conduct a pilot program in an area covering 10 percent of the City for one year. The pilot program area (shown on the attached map) includes a variety of diverse neighborhoods which will be offered the option of curbside recycling service. During the twelve-month pilot program, the contractor will charge an initial fee of $5.00 per month for each home that chooses to participate. This fee provides pick-up service for clean racyclables every other week. Residents will be expected to continue service for the duration of the pilot program. After gathering data on participation and operating costs, a new service fee will be calculated in order for the City Council to consider expansion of the program. Participating residents will have the option of making four quarterly payments of $16.00, which includes $1.00 per billing for administrative costs, or prepaying one year of service for $60.00. The payment system is quarterly to minimize billing and administrative costs. Billing will be performed by the City with existing systems. Similar to the promotion used for implementation of the automated refuse and green waste recycling program, brochures (attached) will be delivered directly to residences. Promotion of the program and sign-ups will run from February 1't through March 29~'. Service will begin during the week of Apdl 1't. kb January 8, 2002, 9:25am G:\GROUPDA'r~ADMINRP'r~2002',Jan 23\final curbside pilot draft 1-4-01,wpd OADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks January 10, 2002 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER Agreement with Pepsi Bottling Group to provide vending machines in public parks (all Wards). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: For some time, The Department of Recreation and Parks has been reviewing concession needs and services in department facilities. In September 2000, the Legislative and Litigation Committee agreed with the department's recommendation to issue an Request for Proposal (RFP) for vending services. From the three respondents to the RFP, Pepsi Bottling Group's proposal was selected as the one that would provide the best service to the community. Pepsi's proposal is to furnish beverage vending machines in 19 parks throughout the city. Pepsi will, at their expense, provide any needed repairs, and maintain and service the machines with product on a regular basis. The locations of these machines may be changed based on usage and demand and additional machines or locations may be added as negotiated. The agreement calls for the city to receive an annual guaranteed payment of $15,000 during the five year term of the agreement, as well as a first year "signing bonus" of $2,500 for a total of $77,500. Further, the city may receive additional revenue from commission incentives, if certain sales benchmarks are achieved. In addition to the cash payments, the department will receive marketing promotion assistance for recreation programs from Pepsi during the term of the agreement. It is recommended that the agreement be approved. C:\Documents and Settings\sford\Local Settings\Temp\pepsi admin.wpd January 11. 2002, 3:56pm ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 9, 2002 Property Acquisition: APPROVED DEPARTMENT HEAD J/,~' - -CITY MANAGER .~ Approve PurchaseAgreement, $75,000, with Ruth Z. Wilkerson, Trustee oft~e Ruth Z. Wilkerson Trust, dated May 19, 1984 to purchase real propertyat 1001 13"` Street. Approve Purchase Agreement, $55,000 with William E. Pierson Jr. and Mildred Pierson, Trustees of the Pierson Family Trust, dated November22, 1996 and Ruth Brown to purchase real property at 1007 13"~ Street. Appropriate and transfer $156,535 the net proceeds from the sale of a portion of the Wastewater Treatment Plant No. 1 site, demolished in the late 1970's to the Off- Street Parking Fund for land acquisition, closing costs, relocation assistance, demolition and holding costs. (Ward 2) RECOMMENDATION: Staff recommends approval of agreements and appropriation. BACKGROUND: The City has been acquiring properties as they become available to provide additional parking for the Bakersfield Convention Center/Centennial Garden Complex. Two residential property owners have contacted the Cityand offered to sell their properties. One home is owner occupied and the other is a rental. Both parties are eligible for, and will be provided with, relocation assistance by the City. The purchase pdces are a product of negotiations based on the appraisals prepared by Kern Appraisal Company. Further, the purchase price for 1001 13"' Street includes relocation assistance. The monies being appropriated resulted from the sale of 13.33 acres of surplus property located south of Highway 58 and approximately 1000 feet east of Mount Vernon Avenue. The property was purchased by Brandon Properties who had been leasing 3.63 acres since 1981 for a radio tower and equipment building. Brandon Properties is planning to construct two additional towers on the land they purchased. It is interestingto note this propertywas part of larger parcel(316.76acres)purchased from the Southern Pacific Railroad Company in 1907 for $791.90 using "General Revenues". The purchase of these propedies is consistent with the City Council's goal of Urban Renewal by the removal of blight. Also, a Phase I Environmental Site Assessment has been prepared and then were reviewed by the City's Environmental Services Manager. On November 16, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent upon such a finding. ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ DATE: January 11, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Raymond T. and Imogene W. Taylor to purchase real property located at 1300 O Street for $65,000 of Community Development Block Grant funds. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: As part of Amendment No. 1 to the Community Development Block Grant Action Plan approved by City Council, April 28, 1998 program funds were designated for the Acquisition and Demolition (AD) Program for vacant substandard properties in Wards 1 and 2. The purpose of the AD program was for the City to purchase and demolish deteriorated industrial, commercial and residential properties in redevelopment project areas. To date two other properties have been acquired as part of this program, they include 1013 13~h (AA Pet Hotel/Groomery) 1025 13~h Street (a vacant single family residence). With the demolition of the above sites the CDBG goal of the elimination of spot blight was achieved. The next property to be acquired is a former gas station/garage located at 1300 O Street. This property is being sold by Raymond T. and Imogene W. Taylor for $65,000. The purchase price for this site is a product of negotiations based on an appraisal by Kern Appraisal Company. The site is a 6,583 square foot parcel developed with a 852 square foot building (a former gas station) and a 504 square foot office. In addition two underground fuel storage tanks with a fuel dispenser island and 2 in-ground hydraulic vehicle lifts remain on site. A Phase I - Environmental Assessment was prepared by the City's Environmental Services Manager of the site. A Phase 2 Environmental Assessment - Soil Sampling, analytical testing was completed by BSK Engineering to determine whether soil contamination was present because of the under ground tanks or the hydraulic lifts. According to their report, the soil beneath the tanks and lift do not threaten ground-water nor would further assessment be needed for the site. The BSK report was further reviewed by the City's Environmental Services Department and they concurred with the findings of the report. DIk:S:~Admins\1300 O street acq and demo.wpd January 11,2002, 1:59pm ADMINISTRATIVE REPORT Page 2 As part of the purchase agreement, the 2 tanks and lifts will be removed during escrow, at no further cost to the City. The Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent upon such a finding. The environmental release from the HUD-LA office was received on November 16, 2001. Once the City has taken title to the property, it will be demolished. DIk:S:~Admins\1300 O street acq and demo.wpd January 11, 2002, 1:59pm ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 16, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE~' Consultant's Agreement ($350,000.00) with RRM Design Group for Architectural and Engineering Services; Fire Station No. 15 and West Bakersfield Police Substation on Buena Vista Road at Deer Peak Drive (Ward 4) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In October 2001, staff began the Qualification Based Selection process of selecting a design consultant for the project. A Request for Qualifications was sent to local and out of town design firms, resulting in submittals of Statements of Qualifications from the following twelve firms: BFGC Architects Planners (Bakersfield); BOA Architecture (San Pedro); GKK Dommer (Pasadena); KSA Group Architects (Bakersfield); Leach Mounce Architects (Ventura); Michael Merino Architects (Orange); Nicoloff & Associates (San Diego); Ordiz-Melby Architects (Bakersfield); Pechin / Milazzo Associated Architects (Bakersfield); Rossetti Architects (El Segundo); RRM Design Group (San Luis Obispo); and WLC Architects (Rancho Cucamonga). As a result of reviewing those submittals, staff recommended inviting the following five firms to prepare a fee proposal and to make an oral presentation to staff: Leach Mounce Architects; Nicoloff & Associates; Pechin / Milazzo Associated Architects; Rossetti Architects; and RRM Design Group. On January 10, 2002, staff conducted interviews with these five firms and reviewed the fee proposals submitted by those firms. After the staff's evaluation of the firms' qualifications, the firms' interview presentations, and fee proposals, staff recommends that the consultant agreement for this project be awarded to RRM Design Group based on their combination of qualifications and fee proposal being the most favorable to the City. ADR Jan16,2002 Public Works, Engineering Design Architect / Engineering Consultant for design of Fire Station #15 / Westside Police Substation S:\PROJECTS\BiII\Fire Sta #15 & Police Substa\Consultant Selection~DMIN REPORT 01_08_02.wpd ADMINISTRATIVE MEETING DATE: January 23, 2002 REPORT IAGENDA SECTION: Consent Calendar ITEM: 8.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 7, 2002 APPROVED DEPARTMENT HEAD /ff'~ CITY A'I-rORNEY .-~-~-'~ CITY MANAGER ~ Amendment No. 1 to Reimbursement Agreement No. 00-292 ($37,000, for a total contract amount of $136,155.20) with the Bakersfield Christian High School Foundation for construction of a landscaped median island on Stockdale Highway, east of Allen Road (Ward 4) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On November 29, 2000, the City Council approved Landscaped Median Island Construction and Reimbursement Agreement No. 00-292 with the Bakersfield Christian High School Foundation (BCHSF). In this agreement, BCHSF agreed to construct a full width landscaped median on Stockdale Highway between Allen Road and the Stockdale Highway crossing of the Kern River. The City agreed to reimburse BCHSF for the cost of one half of the median from median fees collected from the adjacent developer. These median fees were set at $30.00 per linear foot, the City's typical median fee. Since that date, BCHSF has presented to the City evidence that the current median fee is no longer adequate compensation for the construction of one-half a landscaped median. City staff has reviewed the invoices and receipts presented by BCHSF, and has also reviewed actual costs for median construction for recent City projects, and concurs with BCHSF that the $30.00 per linear foot is no longer adequate. City staff recommends increasing the median island reimbursement to BCHSF to $40.00 per linear foot or actual costs, whichever is lower. This bdngs the total reimbursement to the Bakersfield Christian High School Foundation to $136,155.20. G:~GROUPOATV~DMINRPT~2OO2~Jan 9~BCHS amendmenLwpd ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.q. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 10, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Lortz Manufacturing $25,891.49 for culvert pipe. RECOMMENDATION: Staff recpmmends acceptance of bid. BACKGROUND: This multi-plate, galvanized steel pipe will be used to build a bridge across a city canal. Invitations to bid were sent to four (4) potential vendors, however, only one (1) responded before the published deadline. Staff recommends award be made as follows: Lortz Manufacturing 4042 Patton Way Bakersfield, CA 93308 (County) in the amount of $25,891.49 P:~ADMIN~2002 ADMIN\C02_O123A Ellipse - Culvert Pipe.wpd GJK:DW:Ijrn January 10, 2002, 2:32pm ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.r. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 11, 2002 APPROVED DEPARTMENT HEAD ~/,~ CITY MANAGER / SUBJECT: Reject all bids for an Articulated Trencher for Public Works. RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: No bids meeting specifications were received for an articulated trencher with 48" boom. Two (2) bidders responded, however, the units bid were not articulated units. Articulated steering allows for a much higher degree of maneuverability. While the specifications clearly stated the unit must be articulated, it appears that information was overlooked by the bidders. Staff will rewrite the specifications to more clearly state the requirements and resubmit the invitation to bid. P:~ADMIN~2002 ADMIN\C02_0123B Articulated Trencher_REJECT.wpd GJK:DW:Ijm Januar7 11, 2002, 10:34am ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 JAGENDA SECTION: Consent Calendar ITEM: 8.s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 10, 2002 APPROVED DEPARTMENT HEAD CITY A'I-TORN~/~~ CITY MANAGER / Brimhall Road Sewer - Westdale Drive to Allen Road (Ward 4): Accept bid to award contract to Mauldin-Dorfmeier Construction Inc. ($682,000). Agreement with the County of Kern to connect existing dry sewer system within the County right-of-way to the City sewer system, not to exceed $97,000. Appropriate $97,000 County share of project cost and $678,000 fund balance to the Capital Improvement Program Budget within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, approval of agreement and approval of appropriations. BACKGROUND: This project consists of constructing a new sewer trunk line along Brimhall Road from Westdale Drive to Allen Road. Included in this project is the construction of a segment of sewer line between Westdale Drive and Southport Way. This segment will serve recently annexed areas as well as allowing some existing dry sewers within the County to connect to the City system. The proposed agreement will provide the means by which the County will pay for their portion of the project (between Westdale Drive and Southport Way) in the amount not to exceed $97,000. The Engineer's estimate for this project was $839,550. Ten bids were received on December 19, 2001 as follows: Mauldin-Dorfmeier Construction, Inc. 3240 N. Millbrook Fresno, CA 93726 in the amount of $682,000.00 Whitaker Contractors, Inc. 6729 Monte Road Santa Margarita, CA 93453 In the amount of $779,702.00 Valverde Contraction, Inc. 10936 Shoemaker Avenue Santa Fe Springs, CA 90670 Crnw January 11, 2002. 9:22am G:~G ROU PDAT',ADMIN R PT~2002~an 23\BRMHLSW R.wpd In the amount of $777,965.00 ADMINISTRATIVE REPORT pago 2 W. M. Lyles Co. 1210 W. Olive Avenue Fresno, CA 93728 In the amount of $810,825.00 Floyd Johnston Construction Co., Inc. 6373 N. De Wolf Clovis, CA 93611-8576 In the amount of $806,825.00 Utah Pacific Construction Co. 40940 Eleanora Way Murrieta, CA 92562 In the amount of $771,890.00 Griffith Company 1898 So. Union Avenue Bakersfield, CA 93307 (City) In the amount of $885,000.00 Colich Construction L.P. 1590 Francisco Street Torrance, CA 90501 In the amount of $951,825.00 Nicholas .Construction 16824 Johnson Road Bakersfield, CA 93312 (County) In the amount of $838,164.50 HPS Mechanical, Inc. 3100 E. Bell Terrace Bakersfield, CA 93307 (County) In the amount of $1,047,101.90 The funds requested to be appropriated exceed the bid amount. These additional funds will pay for staff engineering and inspection services for the construction of the project as well as for possible change orders. Cmw Janua,'~ 11, 2002, G:\G ROUPDAT~ADMIN RP'l~002~Jan 23'~RMHLSWR.wpd ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.t. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 8, 2002 APPROVED DEPARTMENT HEAD ~. CITY ATTORNEY <~2~ CITY MANAGER ~ Approve sewer user fees for hospitals to remain on the fiat rate schedule versus a fee based upon actual flow. RECOMMENDATION: Staff recommends hospitals remain on the fiat rate schedule. BACKGROUND: The City Council adopted a new revenue program for sewer service at the May 16, 2001, meeting: Part of this new revenue program included a new per-bed, fiat rate schedule for hospitals to be phased in over 7 years. Staff was also directed to investigate for hospitals a sewer fee based upon actual water usage rather than a fiat rate and to meet with each hospital individually to discuss the impact of converting to a flow basis for sewer fees. The flow basis rate was advantageous to nursing homes and it was thought that it would be beneficial to hospitals as well. Based upon an analysis prepared by staff it was determined that converting the hospitals from a fiat rate fee to a fee based upon actual flow would double their sewer fees. This item was presented to the Budget and Finance Committee at its December 6, 2001 meeting. The Budget and Finance Committee recommended leaving the hospitals on the fiat rate, seven year phase in period schedule rather than pursuing a fee based upon actual water flow. The existing rate structure is in compliance with State guidelines for grant funded revenue programs. The attached Tables 1-3 compa re the rates for hospital sewer fees with the seven year phase in period versus the actual water usage method. It is important to note that these tables are not adjusted for future inflationary increases. Table 1 shows the impact for each of the seven hospitals of phasing in the current per-bed flat rate over the council approved seven year phase-in period. Table 2 compares the current per-bed fiat rate at full implementation (end of seven year phase-in period) to what the sewer charges would be for each hospital based upon current water consumption data. Table 3 compares the per-bed flat rate for hospitals for several cities. Eleven of the surveyed cities charge hospitals based upon actual flow. As you can see Bakersfield's fees are among the lowest of the eleven surveyed cities. AT:dw G:\GROUPDA'r~ADMINRPT~002\Jan 23\hospital rate admJn,wpd January 8, 2002, 9:03am ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8o u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief January 8, 2002 CITY ATTORNEY CITY MANAGER Accept $2,807 for a Swift Water Rescue Boat from Hall Ambulance Company. Appropriate $2,807 to the Fire Department operating budget within the General Fund RECOMMENDATION: Staff recommends approval. BACKGROUND: The Bakersfield Fire Department responds to all types of rescue situations. Water rescues are the second most common type of technical rescue the department responds to with auto extrications the most common. The Kern River and the numerous carrier canals that run through metropolitan Bakersfield pose a serious threat to our citizens and to the responding rescue crews. The Bakersfield Fire Department is currently working to expand its operational capabilities in regards to swiftwater rescue operations. Hall Ambulance's donation of $2,807 will be used to purchase an inflatable rescue boat. The addition of a rescue boat is a vital step in the Water Rescue Program. kec January 11, 2002, 9:22am p:\admin report\Swift Water Rescue Boat ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Consent ITEM: 8.v. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: January 15, 2002 CITY ATTORNEY SUBJECT: ClTY MANAGER Request by Councilmember David Couch Regarding Opposing Assembly Bill 680 relating to Sales Tax Redistribution. RECOMMENDATION: Refer to Legislative and Litigation Committee. BACKGROUND: Councilmember David Couch has requested that the Legislative and Litigation Committee review and make a recommendation to the Council regarding the City opposing Assembly Bill 680 relating to Sales Tax redistribution. AB680 would apply to counties and cities in the greater Sacramento area and redistribute sale tax growth within the region based on specific priorities. The League of California Cities currently opposes the bill. The bill if passed would not directly affect the City of Bakersfield but could set a precedent for efforts to redistribute Sales Tax revenues which are the City of Bakersfield's major General Fund revenue source. The bill is in the Assembly Appropriations Committee and will be heard in mid-January. If the Measure passes the Appropriations Committee it goes to the floor of the Assembly for a vote of the entire house. If approved by the Assembly AB680 goes to the Senate where it can be heard any time before the end of the Legislative session in August 2002. January 15, 2002, 11:10AM S:',JOHN~Counci] Referals\Couch~AB 680 admin.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Consent ITEM: 8.w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 15, 2002 APPROVED DEPARTMENTHEAD CITY A'DrORNEY _~ CITY MANAGER Request by Councilmember David Couch Regarding Implementing the Clean Up Bakersfield (CUB) program in cooperation with the Cub Scouts. RECOMMENDATION: Refer to Community Services Committee. BACKGROUND: Councilmember David Couch has requested that the City Council consider implementing a Clean Up Bakersfield (CUB) program in cooperation with the Cub Scouts as part of the City's Keep Bakersfield Beautiful efforts. He has requested that this item be referred to the Community Services Committee for discussion and recommendation. The proposed program would encourage local Cub Scout groups to participate in various clean up efforts with the City and would provide recognition such as a patch for those efforts. January 15, 2002, 10:27AM S:~JOHN~Council Referals\Couch\CUB program admin.wpd ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Hearings ITEM: 9.a. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD~fZ DATE: January 4, 2002 CITY ATTORNEY SUBJECT: CITY MANAGER Underground Utility District. 1. Public hearing as required by Resolution of Intention No. 1262 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 29 (Buena Vista, Stockdale). 2. Resolution establishing Underground Utility District No. 2, Division 29 (Buena Vista, Stockdale). Ward 4. RECOMMENDATION: Staff recommends overriding protests and adopting Resolution establishing Underground Utility District No. 2, Division 29 (Buena Vista, Stockdale). BACKGROUND: The City Council approved Resolution of Intention No. 1262 on January 9, 2002 which set the public hearing for January 23, 2002. The hearing has been duly advertised and the property owners notified as required by law. This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. All overhead lines in the area of the proposed 30 acre park north of Stockdale Highway at Buena Vista Road and along the first 500 feet of Buena Vista Road south of Stockdale Highway shall be removed and relocated underground. The district will be constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be used, if necessary, to pay for private panel conversions. Ivd January 2, 2002, 12:58PM S:\Projects\Underground~Admin~2-29Est.wpd ADMINISTRATIVE REPORT MEETING DATE: January 23, 2002 AGENDA SECTION: Hearings ITEM: 9.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2002 //,~OVED DEPARTMENT H~_~D.¢~ CITY ATTORN¢ CITY MANAGER /,,~/ Adopt Negative Declaration with mitigation measures for the White Lane/Highway 99 Interchange Reconstruction Project. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration, with mitigation measures, for the White Lane/Highway 99 Interchange Reconstruction Project. BACKGROUND: Pursuant to the California Environmental Quality Act (CEQA), adoption of the proposed Negative Declaration is necessary for the City of Bakersfield to proceed with plans for reconstructing the interchange at White Lane and Highway 99. In cooperation with the California Department of Transportation, the City of Bakersfield has taken the lead to reconstruct the interchange at White Lane and Highway 99. The purpose of the project is to improve traffic flow, traffic safety, and to mitigate traffic related noise impacts. The proposal involves the widening of White Lane at Highway 99, improvements to the interchange, and construction of an auxiliary lane at the southbound exit ramp. The improvements will occur on White Lane, between Wible Road and El Potrero Lane, and along Highway 99 just south and north of the existing White Lane on-and off-ramps. Most of the work for the project will occur within the right-of-way of Highway 99. Two alternatives are currently being considered by the City of Bakersfield and have been analyzed equallythroughout the Initial Study. The alternative configurations are referred to as the Widen Partial Cloverleaf Alternative and Modified Point Diamond Alternative, which are found on pages 7 (Exhibit 5) and 8 (Exhibit 6) of the Initial Study, respectively. The two alternatives provide improvement features that address specific deficiencies at the existing White Lane/Highway 99 interchange. Both alternatives include: 2. 3. 4. 5. Widening White Lane from four to six lanes. Realignment of the existing ramps.\ Signalization of the northbound exit ramp terminal intersection. Widening of the southbound exit ramp Addition of a southbound auxiliary lane prior to the southbound exit ramp. January 4, 2002, 11:14am ADMINISTRATIVE REPORT Page In addition to the CEQA document, the City of Bakersfield has also prepared a Categorical Exclusion pursuant to the National Environmental Policy Act (NEPA). The Federal Highway Administration, in cooperation with the California Department of Transportation, is the lead agency for the NEPA document. Both agencies are currently processing the Categorical Exclusion. The document is likely to be completed and approved next month. The City of Bakersfield is not required to take any action on the NEPA document. During the review period from November 19, 2001, to December 18, 2001, the City of Bakersfield received one comment on the proposed Negative Declaration. The California Regional Water Quality Control Board submitted the comment. The Regional Water Quality Control Board indicated that the City of Bakersfield must submit a Notice of Intent to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water associated with construction activity to the State Water Resoumes Control Board and a Storm Water Pollution Prevention Plan must be prepared. As indicated in the Initial Study, the City of Bakersfield will comply with National Pollutant Discharge Elimination System Permit No. CAS000002 for Discharges of Storm Water associated with construction activity. The City of Bakersfield will also prepare a Storm Water Pollution Prevention Plan and submit a Notice of Intent to the State Water Resources Control Board thirty days prior to the commencement of construction activities. The proposed Negative Declaration is attached for the City Council's review and consideration. WC: (admin\jan\1-23-whitelane) January 4.2002, 11:14am ADMINISTRATIVE REPORT IMEETING DATE: January 23, 2002 AGENDA SECTION: Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2002 ~A~PROVED DEPARTMENT HEA/D./~, CITY ATTORNELY// / CITY MANAGER Ordinance Amending Chapter 15.78 of the Bakersfield Municipal Code Relating to Mitigation for Urban Development Impacts on Endangered Species. A Resolution Approving and Adopting Amended Fees Pursuant to Chapter15.78 of the Bakersfield Municipal Code Relating to the Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program. (City-wide) RECOMMENDATION: Staff recommends first reading of the ordinance and adoption of the resolution. BACKGROUND: On June 21, 2001, the Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group recommended approval of the ordinance amendments and amended fee schedule relative to transferring lands in-lieu of payment of the land acquisition. The proposed amendment would simplify the process of allowing a land owner to transfer title of habitat land in-lieu of payment in dollars for a portion of the Habitat Mitigation fee. The City Council's approval of this ordinance amendment will be forwarded to the Kern County Board of Supervisors for their action to ensure the continued consistent implementation of the Metropolitan Bakersfield Habitat Conservation Plan. State and federal wildlife agencies have reviewed and have agreed to support the amendments. Under the current terms of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), a developer may utilize the MBHCP program to mitigate impacts on endangered species in two ways: 1) payment of the $1,240 per acre Habitat Mitigation fee; or 2) "the land in-lieu of payment option"which allows a land owner to transfer title of habitat land instead of paying the $1,240 per acre fee. This second option allows a developer to obtain "Mitigation Credits" by transferring title of habitat land to a conservation management entity, and paying fees totaling $529 per acre of the transferred land to pay for enhancement (fencing) and maintenance (endowment) and administration of the program. There is no change proposed for option 1, the payment of the $1,240 per acre Habitat Mitigation fee. Since the approval of the MBHCP in 1994, developers have always chosen to pay the $1,240 per acre Habitat Mitigation fee. Payment of the fee is a simple and efficient way of complying with the MBHCP and, thus State and Federal endangered species laws. January 4, 2002, 8:57am ADMINISTRATIVE REPORT Page 2 No developer has chosen the second option, "the land in-lieu of payment option," due to its complex method of using appraisals, special studies, mathematical formulas, accounting and extended need to track and maintain the Mitigation Credits. The proposed amendment to the ordinance would eliminate the concept of "Mitigation Credit" and simplify the process by using an acre for acre land exchange to satisfy a portion of the habitat fees. Under the proposed amendment, each acre that is found by the Trust Group to be acceptable habitat would be used to mitigate an acre of land the developer seeks to develop. The land proposed in lieu of payment would not be assigned a dollar value, thus eliminating the need for appraisals and calculating the monetary value of credits. The proposed change would result in a simplified and more equitable process. With respect to the resolution setting fees, proposed changes only relate to the land in-lieu of payment process referenced above. Changes eliminate the application processing fee of $307 for land in-lieu applicants, as processing costs would be paid through the administrative resources of the HCP funds. Other changes included adding reference to the inflation factor for the fencing and management cost components of the HCP fees as required in the MBHCP Implementing Agreement with wildlife agencies, and eliminating the assignment of monetary value to the land being exchanged, since the credit is to be assigned on an acre for acre basis. Exhibits "A" and "B" are copies of the proposed ordinance amendments and resolution containing the revisions with strikeout for deleted text and bold underline fo~ new text. A Notice of Exemption was prepared pursuant to CEQA Section 15061 (b)(3), general rule. JENG:pjt (admin\jan\1-23-hcpfees) January 4.2002, 8:57am