HomeMy WebLinkAbout02/06/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF FEBRUARY 6, 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
(20 min)
(20 min)
WORKSHOP
a. Keep Bakersfield Beautiful Committee Update. (Stan Ford, Recreation and Parks
Director)
b. City Hall Expansion (Raul Rojas, Public Works Director)
CLOSED SESSION
Conference with Labor Negotiator, William Avery, pursuant to Government Code
Section 54957.6. Employee organizations: Blue and White Collar; and re-opener
with Management and General Supervisory Groups.
REGULAR MEETING
1. INVOCATION by Imam Sayed Rashed, islamic Center
2. PLEDGE OF ALLEGIANCE by Joshua Cohen, 1st Grade Student, Ronald Reagan Elementary
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Don O'Dell, Treasurer and Debbie
Davis, Vice President, of the S.A.F.E. Coalition, proclaiming February 2002, as
"Child Passenger Safety and Child Injury Prevention Awareness Month".
b. Presentation by Mayor Hall of Proclamation to Tim Ruiz, President of American
Society of Civil Engineers Southern San Joaquin Branch, proclaiming February
17-23, 2002 as "National Engineers Week".
PUBLIC STATEMENTS
APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. January 23, 2002 Council Meeting.
Payments:
Payments from January 11, to January 25, 2002 in the amount of $6,338,435.41;
and Self Insurance payments from January 11, to January 25, 2002 in the amount
of $119,972.85.
Ordinances:
Adoption of Ordinance amending Chapter 15.78 of the Bakersfield Municipal Code
relating ot Mitigation for Urban Development Impacts on Endangered Species.
(First reading 1/23/02)
First reading of Ordinance deleting Chapter 1.12 of the Bakersfield Municipal Code
in its entirety and adding a new Chapter 1.12 relating to the establishment of ward
boundaries.
(Ward 4)
e. Hageman Road Planned Major Thoroughfare Area:
Resolution of Intention No. 1263 to establish the Hageman Road Planned
Major Thoroughfare Area and preliminarily approving the boundaries of the
area and the cost and fee schedule.
First reading of Ordinance amending Section 16.32.060 of the Bakersfield
Municipal Code relating to bridge crossings and major thoroughfares.
Resolutions:
(Ward 4)
Resolution of Application proposing proceedings for annexation of uninhabited
territory to the City of Bakersfield, property identified as Annexation No. 432, located
at the southwest corner of Jewetta Avenue and Olive Drive.
(Ward 4)
Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain Vista/West
Lake):
Resolution accepting petition and determining to undertake special
assessment proceedings.
Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal
services.
Agreement with Pillsbury Winthrop, LLP, Disclosure Counsel, for legal
services.
4. Agreement with Wilson and Associates, for Assessment Engineering.
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8. CONSENT CALENDAR continued
(Ward 6)
(Ward 6)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 2)
(Ward 2)
(Ward 4)
h. Amend City Attorney's Contract and Change Salary Schedule:
Amendment No. 3 to Agreement No. 98-300 - City Attorney's Contract with
Bart Thiltgen.
Amendment No. 1 to Resolution No. 122-01 setting salaries and related
benefits for Officers and Employees of the General Supervisory, Police
Supervisory and Management Units and adopting salary schedule and
related benefits for City Attorney.
Agreements:
Consultant's Agreement with Carollo Engineers, $91,300 for engineering services
to upgrade the headworks at Wastewater Treatment Plant No. 3.
Agreement to Indemnify LAFCO for City Annexation No. 420, Proceeding 1313
uninhabited territory located north of Taft Highway along the west side of Stine
Road.
Agreement to Indemnify LAFCO for City Annexation No. 422, Proceeding 1318
uninhabited territory located north of Reina Road to Snow Road, between Jewetta
Avenue and Allen Road.
Agreement to Indemnify LAFCO for City Annexation No. 425, Proceeding 1315
uninhabited territory located north of Reina Road, between Old Farm Road and
Allen Road and the southwest corner of Snow Road and Jewetta Avenue.
Agreement to Indemnify LAFCO for City Annexation No. 426, Proceeding 1310
inhabited territory located northwest of the Olive Drive and Jewetta Avenue.
Agreement with Garces Memorial High School for use of Jefferson Park swimming
pool.
o. Claims Administration Agreements:
Agreement with AIMS for workers' compensation claims management
services in the amount of $156,510 for contract year one, and $162,770 for
contract year two.
Agreement with AIMS for general/auto liability claims management services
in the amount of $45 per hour.
Amendment No. 1 to Agreement No. g7-65 with Kern-Tech, Inc., regarding
repayment of economic development loan.
Bids:
Accept bid and award Contract to Farm Pump & Irrigation Company, $173,195 for
drilling, casing and pump testing one (1) gravel envelope water well, Station CBK
42, for the Water Resources Department.
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(Ward 4)
(Ward 1)
CONSENT CALENDAR continued
Roadway widening, striping and traffic signal modification on Brimhall Road
between Calloway Drive and Coffee Road:
Accept bid to award Contract to Granite Construction Company in the
amount of $503,399 for this project.
Appropriate $395,000 Fund Balances to the Capital Improvement Budget
within the Sewer Enterprise Fund ($115,000) and the Transportation
Development Fund ($280,000).
Miscellaneous:
Appropriate $18,400 in asset forfeiture revenue to purchase kits for the 9-1-1 For
Kids Program.
Authorize the addition of a Supervisor I within the General Services Division to
provide supervision for the construction, remodels, and emergency responses
duties for City buildings.
u. Foreclosure Policy for City's Housing Programs.
v. Single Family Housing Rehabilitation Program - Loan Policy.
w. 2002 Legislative Platform.
Approval of Community Development Block Grant (CDBG) Action Plan Amendment
No. 9 (FY 98/99), Amendment No. 7 (FY 99/00, Amendment No. 3 (FY 00/01) and
Amendment No. I (FY 01/02) for the Southeast In-fill Housing Project.
Staff recommends adoption of Consent Calendar Items a. through x.
(Ward7)
(Ward 4)
HEARINGS
Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone
Map No. 102-34 of Title 17 of the Bakersfield Municipal. Code by changing the
zoning from an a (Agriculture) zone to a Planned Commercial Development (PCD)
zone to allow a Recreational Vehicle Park and related uses on 18.12 acres located
on the southwest corner of Pacheco and Wible Roads (No. P01-0762). (Staff
comments by Jack Hardisty, Development Services Director)
Staff recommends first reading of the ordinance.
Protest hearing for proposed Assessment District No. 01-2 (Seven Oaks West
II/River Walk/Southern Oaks):
Resolution approving Final Engineer's Report, levying assessments,
ordering improvements, and authorizing and directing related actions.
2. Resolution determining assessments remaining unpaid.
Staff recommends overriding protests and adopting resolutions.
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(Ward 6)
(Ward 4)
HEARINGS continued
Concurrent General Plan Amendment/Zone Change P01-0326: (Staff comments
by Jack Hardisty, Development Services Director)
William Gammon has proposed a General Plan Amendment and an ordinance
amendment for approximately 112 acres, located along the west side of Stine Road,
between Taft Highway and McKee Road.
Resolution approving the Negative Declaration and adopting the General
Plan Amendment to change land use designations from ER (Estate
Residential) to LR (Low Density Residential).
Ordinance adopting the Negative Declaration and amending Title 17 of the
Bakersfield Municipal Code and Zoning Map 123-34 from A (Agriculture) to
R-1 (One Family Dwelling) on 112 acres.
Staff recommends adoption of the resolution adopting the Negative Declaration and
approving the General Plan Amendment and first reading of the ordinance.
Concurrent General Plan AmendmentJSpecific Plan Amendment/Zone Change
P01-0684: (Staff comments by Jack Hardisty, Development Services Director)
Kyle Carter Homes has proposed a General Plan Amendment, Specific Plan
Amendment and an ordinance amendment for two sites consisting of approximately
.62 acres. Site sizes are 6,479 and 20,685 square feet. The 6,479 square foot site
is located approximately 900 feet south of Olive Drive (extended) approximately 250
feet east of the Friant-Kern Canal and approximately 1,000 feet west of Riverlakes
Drive. The 20,685 square foot site is located approximately 350 feet south of Olive
Drive (extended), approximately 600 feet east of the Friant-Kern Canal and
approximately 850 feet west of Riverlakes Drive.
Resolution approving the Notice of Determination and adopting the General
Plan Amendment to change land use designations from OS-P (Open Space
and Recreational Facilities to LMR (Low Medium Density Residential).
Resolution approving the Notice of Determination and adopting the
Riverlakes Ranch 'Specific Plan Amendment to change land use
designations from OS-P (Open Space and Recreational Facilities) to LMR
(Low Medium Density Residential).
Ordinance adopting the Notice of Determination and amending Title 17 of
the Bakersfield Municipal Code and Zoning Map Nos. 102-8 and 102-17
from OS (Open Space) to R-2 (Limited Multiple-Family Dwelling).
Staff recommends adoption of the resolution adopting the Notice of Determination
and approving the General Plan Amendment, Specific Plan Amendment and first
reading of the Ordinance.
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10.
REPORTS
a. Water Board Report No. 1-02 regarding Energy Task Force Report.
The Water Board recommends approval of Energy Task Force Report and
recommendations 2,3 and 4.
11. DEFERRED BUSINESS
12. NEW BUSINESS
Resolution directing staff to seek Authorship by Bakersfield Legislators of
Legislation which places a member of the Bakersfield City Council upon the Local
Agency Formation Commission.
Legislative and Litigation Committee recommends approval.
13. COUNCIL & MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\Council~AGEN DA~2002~FEB602.wpd
January 31, 2002 (11:0Oarn)
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B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
February 1, 2002
HONORABLE MAYOR AND CITY COUNCIL
DARNELL W. HAYNES, ASSISTANT to the CITY MANAG~/~'~7''~''
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - FEBRUARY 6, 2002 COUNCIL MEETING
PRE-MEETING
There are two workshops: 1) Update on the Keep Bakersfield Beautiful Committee by
Recreation and Parks Director, Stan Ford; and 2) Report by the Public Works Director, Raut
Rojas regarding City Hail expansion.
There is one closed session item, which is a conference with the Labor Negotiator.
CONSENTCALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be
highlighted include:
Ordinances:
Item 8c. Ordinance amending the Municipal Code relating to Mitigation for Urban Development
Impacts on Endangered Species. This ordinance was given first reading at the City Council
meeting on January 23, 2002. No one spoke in opposition.
Item 8d. First reading of Ordinance deleting Chapter 1.12 of the Municipal code in its entirety
and adding a new Chapter 1.12 relatinq to the establishment of ward boundaries. The City
Council approved new ward boundaries on October 24, 2001. Maps showing the new
boundaries were used to prepare legal descriptions, which were merged into the draft
ordinance.
Item 8e. Ha.qeman Road Planned Maior Thoroughfare Area. This project will construct
roadway and bridges from the intersection of Landco Drive and Hageman Road to State Route
204 as part of the adopted alternate 15 of the Bakersfield Systems Study. The nodh half of
HONORABLE MAYOR AND CITY COUNCIL
FEBRURY 1, 2002
PAGE 2
Hageman Road, between Mohawk and Landco, is a development requirement for the property
Owner (Kyle Carter). Mr. Carter proposes to construct the south half also, including the
landscaped median, and requests that the City reimburse him for the additional cost. This is
possible though the establishment of a Bridge and Major Thoroughfare Area. A proposed
resolution preliminarily approves the boundaries of the Area, cost of improvements, assessment
fee schedule, and sets the hearing on the matter for February 20, 2002. A proposed ordinance
adds the Hageman Road Planned Major Thoroughfare Area to the list of bridge crossings and
major thoroughfares for which subdividers/developers are charged at the time of development to
pay the cost of constructing the planned facilities.
Resolutions:
Item 8f. Resolution of Application proposin,q proceedings for annexation of uninhabited territory
located at the southwest corner of Jewetta Avenue and Olive Drive. The proposed annexation
consists of approximately 40 acres of uninhabited farmland. The property owner approached the
City to annex.
Item 8,q. Assessment District No. 01-3, (Madison Grove / San Lauren / Mountain Vista / West
Lake). The primary motive for combining five subareas into a single assessment district is to
reduce the total costs of legal proceedings and bond financing, passing the savings on to the
property owners. It is intended to provide financing for all improvements in a single bond issue.
These areas are planned for new residential development.
Madison Grove is located south of Snow Road, west of Calloway Drive, and east of the
Friant Kern Canal. Improvements include roadway improvements to Snow Road and Calloway
Drive, curbs, gutters, sidewalks, street lights and block wall.
San Lauren and South San Lauren is located south of Krebs Road, west of Mohawk
Street, west of Knudsen Drive, and north of Hageman Road. Improvements include roadway
improvements, curbs, gutters, sidewalks, street lights, block walls, and storm drain.
Mountain Vista is located west of Old River Road, north of Pacheco Road, and east of
Mountain Vista. Improvements include roadway improvements to Mountain Vista, curbs,
gutters, sidewalks, street lights, block walls, sewers, water line, and a culvert crossing of Buena
Vista Canal.
West Lake is located southwest of the Friant Kern Canal, north of Reina Road, and east
of Jewetta Avenue. Improvements include roadway improvements to Olive Drive and Verdugo
Road, curbs, gutters, sidewalks, street lights, storm drain, and water lines.
Item 8h. Amend City Attorney's Contract and Change Salary Schedule. This contract
amendment implements changes to the City Attorney's contract in accordance with the annual
evaluation conducted on January 9 and 23, 2002. The amendment includes a retroactive salary
increase, an increase to the City's deferred compensation plan, and a modification in the
severance allowance.
HONORABLE MAYOR AND CitY COUNCIL
FEBRURY 1, 2002
PAGE 3
Agreements:
Item 8i. Consultant's Agreement with Carollo Engineers for engineering services to upgrade the
headworks at Wastewater Treatment Plant No. 3 for $91,300. In December 2001, staff sent out
a Request for Qualifications and Proposals to local and out of town environmental engineering
firms. Two Statements of Qualifications and Proposals were received. Staff recommends
awarding the project to Carollo Engineers based on their combination of qualifications and fee
proposal being the most favorable to the City. The scope of work is to provide engineering and
design services for the preparation of construction documents for upgrades needed at the
headworks of the treatment plant.
Item 8n. Agreement with Garces Memorial High School for use of Jefferson Park swimminq
pool. The swim organization at Garces Memorial High School requests use of the pool at
Jefferson Park Monday through Friday, 3:15 p.m. to 5:15 p.m. from February 3 - May 3, 2002.
The agreement is similar in nature to previous agreements the Council has approved.
According to the Master Fee Schedule, use of swimming pools is charged at $60 for two hours.
Staff proposes the rental rate under this agreement be $28 per hour given the high quantity of
usage and the fact that the user does not require lifeguards.
Item 8o. Claims Administration Agreements. The first agreement is with AIMS for workers'
compensation claims management services in the amount of $156,510 for contract year one
and $162,770 for contract year two. The current contract expired December 31, 2001. The
second agreement is with AIMS for general/auto liability claims management services in the
amount of $45 per hour. This contract expired June 30, 2001. The City sent out a Request for
Proposal to 27 adjusting companies, with 7 responses. Based on the proposals received, and
the results of oral interviews, staff recommends awarding both contracts to AIMS, who has
performed these services in an excellent manner the last four years, and were the lowest cost
proposal and second lowest cost proposal, respectively. The review board also decided it was
in the best interest of the City to utilize one company for both workers' compensation and
general/auto liability claims management services.
Item 8p. Amendment No. 1 to Aqreement No. 97-65 with Kern-Tech, Inc. reqardin.q repayment
of economic development loan. On March 26, 1997, the City Council approved a 0% interest,
five-year loan agreement with Kern-Tech, Inc. a manufacturing company located in the Old
Town Kern-Pioneer Redevelopment Project Area. The loan involved CDBG monies, which
were used to help purchase equipment. In return, the company agreed to hire 16 new
employees over the term of the agreement, with at least 51% being Iow- and moderate-income
individuals. This requirement has been surpassed. The company chose to make a balloon
payment at the end of the term. They now indicate they cannot make this payment and propose
to make $1,000 monthly payments and to schedule a review in three years to determine if the
payments can be increased. Staff reviewed the financial statements of the company and
concurs that they can meet the debt service of their proposed repayment schedule.
HONORABLE MAYOR AND CITY COUNCIL
FEBRURY 1, 2002
PAGE 4
Bids:
Item Sq. Award contract to Farm Pump & Irri.qation Company for "Drillin.q, casing and pump
testing one qravel envelope water well, Station CBK 42" for the Water Resources Department in
the amount of $173,195. This water well drilling project is the first phase to complete an
additional domestic water well within the Ashe Water System. Four acceptable bids were
received. Staff recommends award to Farm Pump & Irrigation Company.
Item 8r. Award contract to Granite Construction Company for roadway widening, striping and
traffic signal modification on Brimhall Road between Calloway Drive and Coffee Road in th~.
amount of $503,399. This project will widen Brimhall Road to full width between Coffee Road
and Calloway Drive to create two travel lanes in each direction, plus a center turn lane. The
project is proposed to be funded by the Sewer Enterprise Fund, Transportation Development
Fund, and Gas Tax Fund. The Gas Tax portion is currently budgeted, and $115,000 Sewer
Enterprise and $280,000 Transportation Fund Balance is requested as an additional
appropriation to the Capital Improvement Budget. Three acceptable bids were received. Staff
recommends award to Granite Construction Company.
Miscellaneous:
Item 8s. Appropriate $18,000 in asset forfeiture revenue to purchase kits for the 9-1-1 For Kid,~
Program. Asset forfeiture funds in the amount of $18,000 are being requested for the
purchase of one 9-1-1 For Kids classroom kit for each kindergarten, first and second grade
classroom in the Bakersfield City limits. This program is designed to teach children, ages four
to seven to save lives and property through the proper use of 9-1-1. These funds will be
reimbursed by the State of California.
Item 8t. Authorize the addition of a Supervisor I within the General Services Division to provide
supervision for the construction, remodels, and emergency response duties for City buildinqs.
Currently, the Plant Maintenance Section of General Services is divided into two groups, Plant
Maintenance and Anti-Graffiti, with one Supervisor II for both groups. During the past several
years, a lot of the work assigned to the maintenance group has been construction of requested
remodels, which is in addition to their regular duties. It is proposed to add one Supervisor I
position and reorganize the Plant Maintenance Section, with one group being routine
maintenance and Anti-Graffiti and the second being responsible for construction, remodels, and
emergency response duties for City buildings. Both groups would utilize the same employee
classifications making it easier to interchange the workforce to ensure continuity of service. An
outlay of about $58,000 annually is related to this position with $29,000 in one-time costs (truck,
computer, and phone.) Since this position will probably not come on board until April of this
year, sufficient savings are expected in the Public Works Department's operating budget within
the General fund to cover salary costs for two months. The one-time costs will be included with
FY 2002/03 requests.
HONORABLE MAYOR AND CITY COUNCIL
FEBRURY 1, 2002
PAGE 5
Item 8u. Foreclosure Police for City's Housin.q Programs. Each year, the City's Economic and
Community Development Department provides grants and loans to eligible applicants for the
City's various housing programs. Staff recently completed a comprehensive review of existing
Housing guidelines. As a result, it was determined that it was necessary to develop a
foreclosure policy which would apply to all of these loans and grants. In cases of non-
compliance by the recipient, the Policy would be utilized to ensure repayment. In these cases,
staff will perform a pre-foreclosure analysis to determine the best course of action for both the
City and the recipient and make a recommendation to the Economic Development Director. If
the recommendation is for foreclosure, the Director will determine whether it would be in the
City's best interest to foreclose on the property, take legal action against the client with regard to
the promissory note, or request that the Finance Director write off the loan as uncollectible.
Every effort will be make to ensure that displacement of any Iow-income resident is the last
resort. The item was referred to the Budget and Finance Committee on January 9, 2002. On
January 17, 2002, the Budget and Finance Committee recommended approval of the Policy.
Item 8v. Single Family Housinq Rehabilitation Proqram - Loan Policy. In July 1999, Council
approved a change in policy to increase the Single Family Rehabilitation deferred and amortized
loan limits for the Economic and Community Development Department to $35,000. This
authorization also provided the Economic Development Director and the Community
Development Coordinator the authority to approve all Single Family Rehabilitation loans up to
the maximum loan limit. Increasingly, there is a need to exceed the $35,000 limit due to
extensive deterioration of the home and severely restricted incomes of the clients. Staff recently
completed a review of the Department's housing rehabilitation guideline and is proposing
underwriting authority that allows the Department Director to approve loans in excess of existing
limits, provided the combined loans do not exceed the total of $70,000 for each rehabilitation
project. On January 17, 2002, the Budget and Finance Committee recommended approval of
the loan policy.
Item 8w. 2002 Le.qislative Platform. Current legislative concerns ara captured in the City's
Legislative Platform which identifies the City's legislative priorities for the year. This allows the
City to focus its limited resources on areas of greatest concern. It also provides a basis for
quick response by City legislative advocates and departments to legislative issues that arise.
Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative
and Litigation Committee met on January 28, 2002 to review the 2001 Platform for possible
changes needed. A change to the Platform identified removing paragraph four under General
Government and replacing it with new language. With the proposed change, the Committee
feels the Platform adequately reflects the City's current legislative concerns and requests the
Council accept the proposed Legislative Platform.
Item 8x. Approval of Community Development Block Grant (CDBG) Action Plan Amendment
No. 9 {FY 98~99), Amendment No. 7 (FY 99/00), Amendment No. 3 (FY 00/01), and Amendment
No. I (FY 01/02). In compliance with HUD regulations, any significant change or addition to the
approved CDBG program or project must undergo an amendment process which includes
obtaining citizen views and comment. A public notice was published January 5, 2002 to begin
the 30-day public comment period. The proposed amendments will reallocate program funds in
the amount of $165,000 from the Home Access Grant Program, First Time Homebuyers
HONORABLE MAYOR AND CITY COUNCIL
FEBRURY 1, 2002
PAGE 6
Assistance Program and prior year program income to the following HOME Investment
Partnership Program activities:
1) Southeast Bakersfield Housinq In-Fill Project New Construction - Maranatha
Corporation Project. Funds in the amount of $100,000 will be used to acquire residential lots
zoned for single family residential construction within the blocks bounded by Lakeview Avenue,
Brundage Lane, King Street and Virginia Avenue.
2) Southeast In-Fill Housinq Assistance Pro,qram. Funds in the amount of $65,000
will be used to assist eligible home buyers with down payment and closing cost assistance. The
maximum assistance for each home buyer will be increased from $3,500 to $5,000 in the
Southeast Bakersfield in-fill housing area only.
HEARINGS
Item 9a. An Ordinance adopting a Neqative Declaration and amendin,q the Municipal Code by
chanqinq the zoninq from an A (Aqriculture) zone to a Planned Commercial Development (PCD)
zone. At the request of Vice Mayor Salvaggio, this zone change was advertised for a public
hearing before the City Council. Among the concerns are necessary sidewalk improvements
along the west side of Wible Road, south of Pacheco Road, and the use of generators. The
Public Works Director has submitted a separate memorandum indicating that the waiver of
sidewalk requirements as part of the zone change creates a public safety issue and is in
opposition to the Planning Commission decision in that regard.
On December 20, 2001, the Planning Commission unanimously adopted a resolution
recommending adoption of an ordinance approving a zone change to allow a Recreational
Vehicle (RV) Park and related uses on 18.12 acres on the southwest corner of Pacheco and
Wible Roads. The RV Park is proposed to be developed on 16.32 acres previously used as the
Crest Drive-In, and is intended to operate on a transient rental basis as opposed to a permanent
residence. The duration of rental and stay is limited to 15 continuous days. Each 15-days stay
must be separated by physically vacating the Park for at least 30 days. The 1.8 acres owned by
ExxonMobile on much of the Pacheco Road street frontage shall remain undeveloped. If the
PDC zone is approved, a revised PCD zone change application must be approved prior to any
development on the ExxonMobile property. Based on an initial study, staff determined the
proposed project will not significantly affect the physical environment. A Negative Declaration
was prepared and noticed. An environmental document was submitted to the State
Clearinghouse for a minimum 30-day review period beginning November 1, 2001 and ending
November 30, 2001.
Item 9b. Protest Hearin,q for proposed Assessment District No. 01-2 (Seven Oaks West II/River
Walk/Southern Oaks) and adoption of related resolutions. On December 12, 2001, Council
approved the Preliminary Engineer's Report and scheduled the hearing for February 6, 2002.
Following the close of the hearing, Council will be asked to adopt resolutions that will approve
the final Engineer's Report, levy assessments, order the public improvements, and provide for
the cash payment period for property owners wishing to pay all or any part of their respective
assessments in cash, without interest. Thereafter, the assessments will be recorded as liens in
HONORABLE MAYOR AND CITY COUNCIL
FEBRURY 1, 2002
PAGE 7
the County Recorder's Office, and notice of assessment and cash payment opportunity will be
mailed to the property owners (Castle & Cooke and Soper Homes) of any property on which an
assessment was levied and recorded. The next step will be the pre-marketing and pricing of
bond sale at the February 20, 2002 Council meeting.
Item 9c. Concurrent General Plan Amendment/Zone Chanqe (West side of Stine Road,
between Taft Hi,qhway and McKee Road). The property owner proposed the General Plan and
ordinance amendments for approximately 112 acres. Council will be asked to adopt a
resolution approving the Negative Declaration and adopting the General Plan Amendment to
change land use designations from ER (Estate Residential) to LR (Low Density Residential).
This amendment would permit the development of single family dwellings. The Planning
Commission conducted public hearing(s) on this Amendment/Zone Change and recommended
City Council approval on December 20, 2001. No significant issues were raised by the public or
any affected public agency. The applicant agreed to all conditions and mitigation for the project.
Item 9d. Concurrent General Plan Amendment/Specific Plan Amendment/Zone Chanqe (Olive
Drive, east of the Friant-Kern Canal, west of Riverlakes Drive.} The property owner proposed a
General Plan Amendment, Specific Plan Amendment and ordinance amendment for two sites
consisting of approximately .62 acres. This would permit the development of two unused
portions of golf course land to be developed to LMR (Low Medium Density Residential) and R-2
(Limited Multiple-Family Dwelling) standards. This was scheduled for a public hearing before
the Planning Commission on December 20, 2001. This project was not controversial and there
were no issues of concern raised by the public or any affected agency. The applicant agreed to
all conditions and mitigation for the project. Staff determined that the project is exempt from
provisions of CEQA. This project will not have a significant impact on the environment.
REPORTS
Item 10a. Water Board Report Re,qardinq Energy Task Force Report. Councilmember
Maggard referred the issue of the development of an electrical energy strategy to the Water
Board, and requested that staff work with other private and governmental groups to explore
opportunities for the City to enhance the reliability and supply of electricity. The Water Board
recommended the formation of an Energy Task Force made up of representatives from the City
Manager's Office, Public Works Department, Finance Department, Water Department, and the
City Attorney's Office to develop an electrical energy strategy and review possible alternative
electrical energy options available to the City. The Energy Task Force Report was presented to
the Water Board at its November 6, 2001 meeting. The Water Board deferred action on the
report to its January 16, 2002 meeting. At that meeting, the Committee discussed the
recommendations in the report which included the following items which could be considered:
1) Hire a specialist/consultant familiar with the formation of municipal utilities as a neutral
party to further evaluate the feasibility of the City becoming involved in electrical
generation/distribution as a municipal utility. Funding for this would come from Council
Contingency.
2) Consider adopting an ordinance which reserves the City's direct access rights to
aggregate electrical power for distribution should it be allowed in the future by a change in state
law.
HONORABLE MAYOR AND CITY COUNCIL
FEBRURY 1, 2002
PAGE 8
3) Evaluate and implement a pilot program for distributed generation using gas-fired
generators to provide base electrical loads for certain City buildings depending on the
operational and economic feasibility of each application.
4) Become actively involved in supporting legislation related to energy issues which
provides for enhanced local municipal control, energy reliability and citizen safety.
Based on the accumulated information, the Water Board does not recommend proceeding with
item 1 and recommends the Council adopt items 2,3 and 4.
NEW BUSINESS
item 12a. Resolution Directinq Staff to Seek Authorship by Bakersfield Le,qislators of
Le,qislation Which Places a Member of the Bakersfield City Council upon the Local A,qenc¥
Formation Commission. The City of Bakersfield has had no representation on the Local Agency
Formation Commission since April 1994. The members of the Commission include two
supervisors, two elected members from cities, two elected members from special districts, and
one general public representative. The members from the cities (two) are appointed by a City
selection committee, which according to law, "is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to population and geography."
This category has not been represented by Bakersfield in the last several years. Bakersfield
represents approximately 35% of Kern County's population. In new law, Bakersfield is required
to support LAFCo operations based on an allocation of cost to taxing agencies. Of those costs
allocated to cities, Bakersfield is allocated approximately 64% of that portion, yet Bakersfield
has no representation on LAFCo. Proposed legislation which would require action by the State
legislature has been drafted to eliminate this inequity. Several other large California cities have
had such a legislative designation approved. The Legislative and Litigation Committee
recommends staff be directed to seek authorship of such legislation by a State legislators
representing Bakersfield.
AT:DH:al
cc: Department Heads
City Clerk's Office
News Media File
S:~AGN_HIGH\02Feb06.doc
ADMINISTRATIVE
MEETING DATE: February 6, 2002
TO:
FROM:
DATE:
SUBJECT:
REPORT
IAGENDA SECTION: Workshop
ITEM: 2.a.
Honorable Mayor and City Council
Stan Ford, Director of Recreation and Parks
January 29, 2002
Keep Bakersfield Beautiful (KBB) Update
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~'~/~
.--- /
RECOMMENDATION:
BACKGROUND: Staff will present a brief update on Keep Bakersfield Beautiful Committee's projects.
S:~Admins~kbb,adminreport.~od
January 29, 2002, 8:52AM
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Workshop
ITEM: 2.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council -
Raul M. Rojas, Public Works Director
January 29, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER ,~.~'~?
City Hall Expansion (Raul M. Rojas, Public Works Director)
RECOMMENDATION:
BACKGROUND: The Public Works Directorwill provide a presentation on the City Hall Expansion Proposal.
dns
January 30, 2002, 2:20pm
G:\GROUPDA'PADMINRPT~2002~Feb 6\workshop-city halLwpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002 AGENDA SECTION: Closed Session
ITEM: 3.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ,~--
DATE: January 29, 2002 CITY ATTORNEY ~
CITY MANAGER .~/~ ~,
SUBJECT:
Conference with Labor Negotiator, William Avery, pursuant to Government Code section
54957.6. Employee organizations: Blue and White Collar; and reopener with Management
and General Supervisory Groups
RECOMMENDATION:
BACKGROUND:
BJT:las
FE06CA1 .CS
January 29, 2002, 3:46pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002 AGENDA SECTION: Presentations
ITEM: 5. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 25, 2002
TP,~OvED
DEPARTMENT HEAD._~
CITY ATTORNEY
CITY MANAGER .~/.~
Presentation by Mayor Hall of Proclamation to Don O'Dell, Treasurer, and Debbie Davis, Vice
President, of the S.A.F.E. Coalition, proclaiming February, 2002, as "Child Passenger Safety
and Child Injury Prevention Awareness Month".
RECOMMENDATION:
BACKGROUND:
January 29, 2002, 12:01pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002 AGENDA SECTION: Presentations
ITEM: 5.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 24, 2002
I;VED
DEPARTMENT HEAD._.U~i-
CITY ATrORNEY
CITYMANAGER,_(~_~
Presentation by Mayor Hall of Proclamation to Tim Ruiz, President of American Society of Civil
Engineers Southern San Joaquin Branch, proclaiming February 17-23, 2002, as "National
Engineers Week".
RECOMMENDATION:
BACKGROUND:
January 24, 2002, 9:23am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
January 25, 2002
Minutes of January 23, 2002 Council Meeting.
DEPARTMENT HEAD_~~
CITY ATTORNEY N/A
CITY MANAGER .~_ ,~
RECOMMENDA~ON:
BACKGROUND:
bz
S:\Council~admins~2002\FEB602.wpd
January 25, 2002, 2:04pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 28, 2002
APPROVED
DEPARTMENT HEAD.,/f~ ~
CITY A'I'rORNEY ~-
CITY MANAGER..~~
Approval of department payments from January 11,2001 to January 25, 2002 in the amount
of $ 6,338,435.41 and self insurance payments from January 11, 2001 to January 25, 2002
in the amount of $119,972.85.
RECOMMENDATION:
Staff recommends approval of payments totaling $6,458,408.26.
BACKGROUND:
S:\KimG\Forms & Lables~ADMIN~AP.wpd
klg
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: Consent
ITEM: 8.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
DEPARTMENT HEAD ,,-'./'
Ordinance Amending Chapter 15.78 of the Bakersfield Municipal Code Relating to Mitigation
for Urban Development Impacts on Endangered Species. (City-wide)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held a public hearing for this item on January 23, 2002. First reading was given the
ordinance amendment and the City Council adopted the associated resolution adjusting the fee
schedule on January 23, 2002.
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.
January 14, 2002110:48am
ADMINISTRATIVE REPORT Page 2
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.
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 HOP 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.
A Notice of Exemption was prepared pursuant to CEQA Section 15061 (b)(3), general rule.
JENG:pjt
(admin\feb~2-6-hcpfees)
January 16, 2002, 8:33am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent
ITEM: 8.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 18, 2002
APPROyED
DE PARTMENTH EAI~,,~,
/ _
CITY ATTORNEY/ J,/~--
OrdinanCe deleting Chapter 1.12 of the Bakersfield Municipal Code in its entirety and adding
thereto a new Chapter 1.12 relating to the establishment of ward boundaries. (All wards)
RECOMMENDATION:
First reading.
BACKGROUND:
The City Council approved new ward boundaries on October 24, 2001. Maps showing the new
boundaries were then used to prepare legal descriptions of each ward. They were merged with the
draft ordinance presented here for first reading and adoption by the City Council.
JH:pjt
(admin\feb-6~wb)
January 18, 2002.12:55pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002 AGENDA SECTION:
ITEM: 8oe.
Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 18, 2002
APPROVED
DEPARTMENT HEAD ,~fi~-
CITY ATI'ORNEY ~---~',.~_~
CITY MANAGER ~(~
Hageman Road Planned Major Thoroughfare Area (Ward 4).
Resolution of Intention No. 1263 to establish the Hageman Road Planned Major
Thoroughfare Area and preliminarily approving the boundaries of the area and
the cost and fee schedule.
An Ordinance of the Council of the City of Bakersfield amending Section
16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and
Major Thoroughfares.
RECOMMENDATION:
Staff recommends approval of the Resolution of Intention and first reading of
the ordinance.
BACKGROUND: The City is proposing to construct, as a part of the adopted alternate 15 of the
Bakersfield Systems Study, the Hageman Road Flyover connecting Hageman Road with State Route 204,
providing a much needed connection between northwest Bakersfield and the downtown. This project will
construct the roadway and bridges from the intersection of Landco Drive and Hageman Road to State
Route 204. The north half of Hageman Road, between Mohawk and Landco, is a development requirement
for the property owner (Kyle Carter) on the north side of Hageman and is going to be under construction
within the next few months. Kyle Carter has approached the City and proposed that he construct both the
north and south half of Hageman Road, including the landscaped median and has requested that the City
reimburse him for the additional cost to construct the south half of the road. The City can do this through
the establishment of a Bridge and Major Thoroughfare Area, which would require payment of the
proportionate share of the road improvement upon development of the property on the south side of the
road.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule. The resolution sets a hearing for February 20, 2002.
This Ordinance adds the Hageman Road Planned Major Thoroughfare Area to the list of bridge crossings
and major thoroughfares for which subdividers/developers are charged at time of development to pay the
cost of constructing the planned facilities.
ADMINIST TIVE
REPORT
MEETING DATE: February 6, 2002
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
AGENDA SECTION: Consent Calendar
TEM: 8.f.
DEPARTMENT HEA~,~
^ OR.E
SUBJECT:
Resolution of Application proposing proceedings for annexation of uninhabited territory to the
City of Bakersfield, property identified as Annexation No. 432, located at the southwest corner
of Jewetta Avenue and Olive Drive. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory identified
as Annexation No. 432 to the City of Bakersfield. The proposed annexation consists of approximately
40 acres of uninhabited land located at the southwest corner of Jewetta Avenue and Olive Drive.
The property is currently in farmland.
MO:p jr
(adrnin\feb~-¢~432)
January 14, 2002, 10:20am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
I ITEM: 8.cj.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
2.
3.
4.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 15, 2002
DEPARTMENT HEAD
APPROVED
CITY ATTORNEY ~
CITY MANAGER , ~/_~
Assessment District No. 01-3, (Madison Grove / San Lauren / Mountain Vista / West Lake):
Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings.
Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services.
Agreement with Wilson and Associates, for Assessment Engineering. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed
assessment district, The proposed district has five distinct subareas as follows:
Madison Grove: This subarea is located south of Snow Road, west of Calloway Drive, east of
the Friant Kern Canal and is planned for new residential development. It is proposed that the
improvements for this subarea will be constructed by the developer (Kyle Carter Homes), with
acquisition of the improvements upon completion. The improvements include roadway
improvements to Snow Road and Calloway Drive, together with curb, gutter, sidewalks, street
lights and block wall improvements.
San Lauren and South San Lauren: These two subareas are located south of Krebs Road, west
of Mohawk Street and west of Knudsen Drive, north of Hageman Road and is planned for new
residential development. It is proposed that the improvements for this subarea will be
constructed by the Developer (Kyle Carter Homes), with acquisition of the improvements upon
completion. The improvements include, roadway improvements, together with curbs, gutters,
sidewalk, street lights, block walls and storm drain.
Mountain Vista: This subarea is located west of Old River Road, north of Pacheco Road, east
of Mountain Vista and is planned for new residential development. It is proposed that the
improvements for this subarea will be constructed by the developer (Coleman Homes), with
acquisition of the improvements upon completion. The improvements include roadway
January 15, 2002, 4:24PM
G:\G ROU P DAT/ADMIN RPT~2.002\Feb 61AD01-3agrmnt.wpd
ADMINISTRATIVE REPORT
improvements to Mountain Vista Ddve, together with curb, gutters, sidewalks, block walls, street
lights, sewers, water line and a culvert crossing of Buena Vista Canal.
West Lake: This subarea is located southwest of the Friant Kern Canal, north of Reina Road
and east of Jewetta Avenue and is planned for new residential development. It is proposed that
the improvements for this subarea will be constructed by Developer (Coleman Homes), with
acquisition of the improvements upon completion. The improvements include, roadway
improvements to Olive drive and Verdugo Road, together with storm drain, water lines, curb,
gutter, sidewalk and street lights.
The primary motive for combining the five subareas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolution and Agreements are adopted, the. next step is to prepare the resolution of ntention
and for the assessment engineer to establish the boundary map.
January 15, 2002, 4:24PM
G:\GROU PDAT~ADMI NRP'r~2002\Feb 6~AD01-3agrmnt.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney DEPARTMENT HEAD
January 25, 2002 CITY A'I-I'ORNEY
APPROVED
ClTY MANAGER~~.
Subject: Amend City Attorney's Contract and Change Salary Schedule
1 ) Amendment No. 3 to Agreement No. 98-300 -- City Attorney's Contract
2)
Amendment No. 1 to Resolution No. 122-01 Setting Salaries and Related Benefits for
Officers and Employees of the General Supervisory, Police Supervisory and
Management Units and Adopting Salary Schedule and Related Benefits for City
Attorney
RECOMMENDATION:
Staff recommends approval of the agreement and adoption of the resolution.
BACKGROUND:
This contract amendment implements changes to the City Attorney's Contract in accordance with the
annual evaluation of Bart J. Thiltgen, City Attorney, conducted on January 9, 2002 and January 23, 2002.
This amendment includes a salary increase of 4%, an increase of $2,500 contributed by the Employer to the
City's deferred compensation plan, and a modification in the severance allowance, payable upon involuntary
termination, from three (3) months' salary and benefits to six (6) months' salary and benefits, retroactive to
January 18, 2002.
S:\CO U N CI L\Ad mins\Atty-Ag rAmd 3,wpd
RMS:Ias
FE06CA1 .CC
Janua~ 25, 2002, 10:13am
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 17, 2002
APPROVED
DEPARTMENT HEAD
CITYA'I-FORNEY
ClT~MANAGER'"-~~
Consultant's Agreement with Caroilo Engineers ($91,300) for Engineering Se~ices to upgrade
the headworks at Wastewater Treatment Plant #3 (Ward 6)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: In December 2001, staff began the Qualification Based Selection process of selecting a
design consultant for the project. A Request for Qualifications and Proposals was sent to local and out of
town environmental engineering firms, resulting in submittals of Statements of Qualifications and Proposals
from the following two firms: Carollo Engineers and Boyle Engineering.
As a result of reviewing those submittals, staff recommends that the design consultant agreement for this
project be awarded to Carollo Engineers based on their combination of qualifications and fee proposal being
the most favorable to the City.
The Scope of Work for this project is to provide engineering and design services for the preparation of
construction documents for upgrades needed at the headworks of Wastewater Treatment Plant #3. The
consultant will also provide services as needed during the bidding and construction phase of the project. The
project scope is as follows:
Bar Screen Replacement: Existing bar screens (2) at the headworks are 15 years old and shall be replaced
with self cleaning mechanical bar screens. The existing bar screens have become unreliable.
Bar Screen Conveyors: The existing bar screen conveyor system will also be replaced.
Bar Screeninqs Washer Compactor: The Consultant shall design a bar screenings washer/compactor system
to meet the waste acceptance criteria set forth by the Kern County Waste Management Department.
Headworks Concrete Surface Coatinq: Some concrete surfaces in the headworks and primary ciarifiers are
degrading because of sulfate degradation. These surfaces will be coated for protection.
Uoarade of Influent Pump #3: Existing Influent Pump #3 will be removed and replaced with a new 11,000 gpm
pump and variable flow control identical to pumps #1 and #2 (1997 expansion), This is a scheduled upgrade
to meet future raw sewage pumping demands,
G:\GROUPDA~'~ADMINRPT~002\Feb 6\WWTP#3 Headworks,wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: Consent
ITEM: 8.j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
APPRQVED
DEPARTMENT HEA~,
Agreement to Indemnify LAFCO for City Annexation No. 420, Proceeding 1313 uninhabited
territory located generally north of Taft Highway along the west side of Stine Road. (Ward 6)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission is processing the annexation and will place a condition that
the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The
agreement provides that if LAFCO is sued for approving the City's application for annexation, the city
will bear the burden of defense. The property owner consents to annex the site to the city.
The annexation area consists of 115 acres of uninhabited land, which is undeveloped and located
generally north of Taft Highway along the west side of Stine Road.
The property owner wishes to annex the site and develop single family residential in the city.
MO:pjt
(adrnin\feb~2-6- 420)
January 14, 2002, 4:52pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
IAGENDA SECTION: Consent
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
APRROVED
DEPARTMENT HEA~//~?~//f
CITY ATTORNEY / J/t~'
/
CITY MANAGER
Agreement to Indemnify LAFCO for City Annexation No. 422, Proceeding 1318 uninhabited
territory located generally north of Reina Road to Snow Road, between Jewetta Avenue and
Allen Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission is processing annexation and will place a condition that
the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The
agreement provides that if LAFCO is sued for approving the City's application for annexation, the city
will bear the burden of defense. The property owner consents to annex the site to the city.
The annexation area consists of 237.3 acres of uninhabited land, which is currently undeveloped and
located generally north of Reina Road to Snow Road, between Jewetta Avenue and Allen Road.
The property owner wishes to annex the site and develop single family residential in the city.
MO:pjt
(admin\feb~-6- 422)
January 14, 2002, 10:24am
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: Consent
TEM: 8.1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
DEPARTMENT H~
CITY ATTORNey' ~_~__~
CITY MANAGER .(~/_~
SUBJECT:
Agreement to Indemnify LAFCO for City Annexation No. 425, Proceeding 1315 uninhabited
territory located north of Reina Road, between Old Farm Road and Allen Road and the
southwest corner of Snow Road and Jewetta Avenue. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission is processing the annexation and will place a condition that
the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The
agreement provides that if LAFCO is sued for approving the City's application for annexation, the city
will bear the burden of defense. The property owner consents to annex the site to the city.
The annexation area consists of 182.33 acres of uninhabited land, which is currently undeveloped and
located north of Reina Road, between Old Farm Road and Allen Road and the southwest corner of
Snow Road and Jewetta Avenue.
The property owner wishes to annex the site and develop single family residential in the city.
MO:pjt
(admin\feb~2-6-425)
January 14, 2002, 10:34am
ADMINISTRATIVE REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent
ITEM: 8.m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
DEPARTMENT HEAD / ~'-/,
CITY A'I-rORN EY~ J'~(~
/
CITY MANAGER~
Agreement to Indemnify LAFCO for City Annexation No. 426, Proceeding 1310 inhabited
territory located northwest of Olive Ddve and Jewetta Avenue. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission is processing the annexation and will place a condition that
the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The
agreement provides that if LAFCO is sued for approving the City's application for annexation, the city
will bear the burden of defense.
The annexation area consists of 30 acres of inhabited land, which is developed with a single family
residential subdivision located northwest of Olive Drive and Jewetta Avenue.
LAFCO will have a protest hearing for this annexation to determine the property owners consent to
annexation.
MO:Pit
(adrnin\feb~2-6-426)
January 14, 2002, 10:37am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Recreation and Parks Director
January 15, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY /,x'~
CITY MANAGER~
1. Approval of Agreement with Garces Memorial High School for use of Jefferson Park
swimming pool (Ward 2).
RECOMMENDATION:
StaffrecommendsapprovaloftheAgreement.
BAcKGRouND:
Garces Memodal High School desires to enter into an agreement with the City of Bakersfield for use
of the swimming pool at Jefferson Park.
The swim organization is requesting use of the pool Monday through Friday, 3:15 pm - 5:15 pm from
February 3 - May 3, 2002. The agreement is similar in nature to previous agreements the Council has
approved with other aquatic organizations utilizing the pools.
According to the Master Fee Schedule, use of swimming pools is charged at $80 for two (2) hours.
This fee was calculated for pool party-type activities and includes the cost for lifeguards. Staff proposes that
the pool rental rate under this agreement be $28 per hour given the high quantity of usage and the fact that
the user does not require lifeguards. The recommended rate is the same that other similar groups are
currently charged. Since the proposed rate is different than that approved in the Master Fee Schedule, the
agreement is presented for approval.
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
January 23, 2002
Claims Administration Agreements
APPROVED
DEPARTMENT HEAD~,_~.
CITY ATTORNEY ,/~
CITY MANAGER~
1) Agreement with AIMS for workers' compensation claims management services in the
amount of $156,510 for contract year one, and $162,770 for contract year two.
2) Agreement with AIMS for general/auto liability claims management services in the amount
of $45 per hour.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
The City's contract with AIMS for workers' compensation claims management services expired on December
31,2001 and the contract with AIMS for general/auto liability claims management expired on June 30, 2001.
On December 6, 2001, a Request for Proposal (RFP) was sent to 27 adjusting companies to solicit bids to
provide adjusting services to the City of Bakersfield. The City received responses from seven adjusting
companies for workers' compensation claims management services, and six adjusting companies for
general/auto liability claim management services. After a thorough review of the proposals submitted, the
following firms were selected to participate in the oral review process: AIMS (workers' compensation and
general/auto liability), Pinnacle (workers' compensation and general/auto liability), Fleming (workers'
compensation) and Carl Warren (general/auto liability).
The City's oral board consisted of the following staff: Bob Sherry, Assistant City Attorney, Carroll Hayden,
Human Resources Manager, John Stinson, Assistant City Manager, and Pat Flaherty, Risk Manager. The
potential providers were assessed on their knowledge and experience in claims adjusting, with a special focus
on claim handling for municipalities.
Based on the proposals submitted and the results of the oral interviews, staff recommends awarding the
contracts to AIMS for both workers' compensation and general/auto liability claim management services.
AIMS has performed these services in an excellent manner the last four years. They also were the lowest
bidders for workers' compensation claims handling services, and the second lowest bidders for general/auto
liability claims handling services. The review board also decided it was in the best interest of the City to utilize
one company for both workers' compensation and general/auto liability claims management services.
January 25, 2002, 11:25am
S:',Admin Rpts~2002~Adminclaimsl- 020602.wpd
ADMINISTRATIVE REPORT Pa0e 2
The workers' compensation agreement is for $156,510 for the first year, and $162,770 for the second year,
an increase of 4%. The current agreement is for $112,000. The increased cost is due to a steady rise in the
number of workers' compensation claims over the past four years. The new agreement will require that AIMS
provide additional staff support to manage the claims, which will in turn provide more timely responses to
employees receiving workers' compensation benefits and services.
The current general/auto liability agreement calls for an hourly rate of $44 per hour. The new agreement
provides for an hourly rate of $45 per hour, which is a $1 increase. Both the workers' compensation and
general/auto liability agreements are for two years.
January 25, 2002, 11:25arn
S:~Admin Rpts~2002~.dmincla[rnsl- 020602.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.p.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
January 22, 2002
SUBJECT:
RECOMMENDATION:
DEPARTMENT HEAD~
CITY ATTORN E¥_~,/¢,~/
CITY MANAGER~~_
Amendment No. 1 to Agreement 97-65 between the City of Bakersfield and Kern-Tach, Inc.,
regarding repayment of economic development loan. (Ward 2)
Staff recommends approval.
BACKGROUND:
On March 26, 1997, the City Council approved a 0% interest, five-year loan agreement with Kern-Tach, Inc.,
a manufacturing company located in the Old Town Kern-Pioneer Redevelopment Project Area. Funds for
this loan were Community Development Block Grant (CDBG) monies and were used to help purchase
equipment. In return for this loan, the company agreed to hire 18 new employees over the term of the
agreement. Of those workers hired each year, at least 51% must be Iow- and moderate-income individuals.
The company was given the option of making annual payments of 20% of the loan amount ($33,959.40), or
one balloon payment at the end of the five-year term. Kern-Tach chose the balloon payment option.
Kern-Tach, Inc., has officially notified us that the company will be unable to make its payment of $169,797
due on March 26, 2002. The company has proposed the following plan to pay its debt to the City of
Bakersfield:
1. Begin making payments of $1,000 monthly beginning April 1, 2002;
2. Schedule a review in three years to determine if payments are able to be increased; and
3. Maintain the same collateral already in place.
The letter from Kern-Tach is attached, which includes a list of benefits the company has provided to the local
economy. Security for the loan is a personal guaranty from the company's two principals, Michael K. Miler
and James C. David, as well as a UCC-1 Security Document on the equipment.
DIk:S:~Admins\kern tach amend.wpd
Jaauary 25, 2002, 9:48am
ADMINISTRATIVE REPORT
Page2
The company has surpassed the performance requirements of the agreement. As the following table shows,
Kern-Tech created more jobs than were required, and exceeded the 51% level of Iow- and moderate-inCome
individuals hired.
~: ~ March 26~1997 ~ De~mbe~ 31~2001
Required To date
~ of new hires
18 41
% of hires who are Iow- and 51% 67.5%
moderate-income individuals
The agreement with Kern-Tech is a repayable loan. Some economic development loans made by the City
of Bakersfield have been repayable and Some others were forgivable; in a forgivable loan, one-fifth of the loan
amount is forgiven for each year the borrowing company meets the requirements of the agreement.
Staff has reviewed the financial statements of the company and concur that they can meet the debt service
of their proposed repayment schedule.
Any payment, however small, is better than no payment. Therefore, staff recommends that Agreement 97-65
be amended to reflect the proposed repayment plan as outlined in Kern-Tech's letter of December 26, 2001.
OIk:S:~Adrnins\kern tech amend.w~d
Januar,/25, 2002, 10:18am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
January 16, 2002
APPROVED
DEPARTMENT HEAD C I,~'2~
CITY ATTORNEY. ~
CITY MANAGER
Accept bid of $173,195.00 and award contract to Farm Pump & Irrigation Company for
"Drilling, casing and pump testing one (1) gravel envelope water well, Station CBK 42" for the
Water Resources Department. (Ward Number 4)
RECOMMENDATION: Staff recommends acceptance.
· BACKGROUND: This water well ddlling project is the first phase to complete an additional domestic
water well within the City-owned Ashe Water System. Station CBK-42 is located at 13202 Fall River Place
which is in a new subdivision southwest 0'f the intersection of Alien Road and Palm Avenue. Upon
completion of this contract, the second and final phase of construction will be engineered and let out to bid
which will include the pump and motor, concrete block pumphouse, panelboard, and other appurtenant
equipment. This domestic water deepwell facility will help serve the expanding Ashe Water system. The
available funds budgeted are $1,100,000.00. The engineer's estimate for this phase of the project is
$200,000.00.
Four bids were received on January 16, 2002 for this portion of the project. The results are as follows:
Farm Pump & Irrigation Company
535 Shafter Avenue
Shafter, CA 93263 (County) .................................. in the amount of $173,195.00
Janua~/16, 2002, 1:09PM
S:~2002 ADM RPTS\FE06WT1CC
ADMINISTRATIVE REPORT Page 2
S. A. Camp Pump Company
17876 Zerker Road
Bakersfield, CA 93308 (County) ............................... in the amount of $187,910.00
Whitten Pumps, Inc.
502 County Line Road
Delano, CA 93215 (County) .................................. in the amount of $238,052.00
Arthur & Orum Well Drilling, Inc.
3262 E. Conejo Avenue
Fresno, CA 93725 (Out of County) ............................. in the amount of $238,180.00
January 16, 2002, 1:09PM
S:~002 ADM RPTS\FE06WT1 CC
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 25, 2002
APPROVED
DE PARTM ENT HEAD ~ .'~ '-i~'/~.._
CITY ATTORNEY
CITY MANAGER~
Roadway Widening, Striping, and Traffic Signal Modification on Brimhall Road between
Calloway Drive and Coffee Road (Ward 4):
1. Accept bid to award contract to Granite Construction Company in the amount of $503,399
for this project.
2. Appropriate $395,000 Fund Balances to the Capital Improvement Budget within the Sewer
Enterprise Fund ($115,000) and the Transportation Development Fund ($280,000).
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of
appropriations.
BACKGROUND: This project will widen Brimhall Road to full width between Coffee Road and Calloway Drive.
After project completion, them will be two travel lanes in each direction, plus a center turn lane, as opposed
to the existing one lane in each direction. This project will help alleviate the traffic congestion and travel
delays along Brimhall Road. All of the necessary additional striping, traffic signal modifications, and drainage
improvements will also be constructed as part of this project.
The Engineer's Estimate for the work is $641,000. This project is proposed to be funded by the Sewer
Enterprise Fund (storm drain items including temporary sumps), the Transportation Development Fund (new
paving including striping, markings, and signal modifications), and the Gas Tax Fund (resurfacing). The Gas
Tax portion of this project is currently budgeted. The other funding sources (Sewer Enterprise and
Transportation Development Fees) must be appropriated to award this contract.
Three (3) acceptable bids were received on Friday, December 21, 2001, as listed below:
Granite Construction Co.
3000 James Road
Bakersfield, CA 93308 (City)
In the amount of
$503,399.00
Bowman Asphalt, Inc.
3527 Brian Way
Bakersfield, CA 93308 (County)
In the amount of
$536,581.60
3. Griffith Company
1898 S. Union Avenue
Bakersfield, CA 93387 (City) In the amount of
jcu
G:\GROU PDA'rWD MIN RPT~2002\Feb 6\Bdm halIWidening.wpd
$541,369.00
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.s.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
January 28, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
ClTY MANAGER~
SUBJECT: - Approp,;ate $18,400 in asset for[eiture revei~ue to purchase kits for the 9-1-i For Kids
Program.
RECOMMENDATION:
Staff recommends approval of appropriations.
BACKGROUND:
Eighteen thousand, four hundred dollars ($18,400) in asset fodeiture funds is being requested for the
purchase of one 9-1-1 For Kids classroom kit for each kindergarten, first, and second grade classroom in the
Bakersfield City limits. The 9-1-1 For Kids Program, which was founded in 1995, is designed to teach
children, ages four to seven, to save lives and property through the proper use of 9-1-1. These funds will be
reimbursed by the State of California, Department of General Services once the program has been
implemented.
rcu
J~nua~y 28, Z002, 11:1 lam
P:V~DMRPT~911 For Kids
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.t.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 15, 2002
APPROVED
DEPARTMENT HEAD ~/,~
CITY ATTORNEY
CITY MANAGER
Authorize the addition of a Supervisor I within the General Services Division to provide
supervision for the construction, remodels, and emergency response duties for City buildings.
RECOMMENDATION: Staff recommends approval of additional Supervisor I position.
BACKGROUND: Currently, the Plant Maintenance Section of the General Services Division has one
Supervisor II who supervises 20 full time and part time employees. This Division is basically split into two
groups..The Plant Maintenance group and the Anti-Graffiti group.
During the past several years, a lot of the work assigned to the maintenance group has been construction of
requested remodels, which is in addition to their general maintenance duties. The work in the Anti-Graffiti
group consists of education, program promotion, and eradication of graffiti within the City.
Due to the diverse nature of these two groups, it is proposed to add one Supervisor I position and reorganize
the Plant Maintenance Division into two groups. One group, supervised by the existing Supervisor II, would
be responsible for the Anti-Graffiti program and the routine maintenance of City owned buildings. The second
group, supervised by the Supervisor I, would be responsible for the construction, remodels, and emergency
response duties for City buildings. Additionally, both groups would team up for any major projects, office
relocations, and disaster responses. Both groups would utilize the same employee classifications making it
easier to interchange the workforce to insure continuity of service to our customers and adequate training for
our Trades Assistants.
It is proposed the Maintenance/Anti-Graffiti group would have 12 employees including the current supervisor,
the Anti-Graffiti Community Coordinator, the Clerk Typist I, a Craftworker II, five Craftworker I's and three
Trades Assistants.
The Construction group would have a staff of 9 people including the requested additional Supervisor I
position, four Craftworker I's and four Trades Assistants.
This proposed reorganization will allow these two groups and the supervisors to better focus on the
fundamentally different assigned tasks and continue to provide excellent customer service.
January 17, 2002, 2:44pm
G:\G ROU P DAT~ADMI N RPT~2002\Feb 6\SupvlGS.wpd
ADMINISTRATIVE REPORT Page 2
As to costs, this position would cost about $58,000 annually (includes salaries, benefits, and annual O&M).
One-time costs (truck, computer, and phone) would be $29,000. Since this position will probably not come
on board until April of this year, sufficient savings are expected in the Public Works Department's operating
budget within the General Fund to cover salary costs for 2 months. The one-time costs of $29,000 will be
included with FY 2002-03 requests.
January 17, 2002, 2:44pm
G:\GROU P DAT~ADMI N RPT~.002\Feb 6\SupvlGS.wpd
ADMINISTRATIVE
REPORT
ME~G DATE: February 6, 2002
SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
January 24, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~'~
Foreclosure Policy for City's Housing Programs. (All Wards)
RECOMMENDATION:
Budget and Finance Committee recommends approval
BACKGROUND:
Each year, the City's Economic and Community Development Department provides grants and loans to
eligible applicants to the City's various housing programs. 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
life of the ~oan or term of the grant, the recipient is not in compliance with the provisions of such documents,
including contractural agreements, the recipient may be required to reimburse the City for the loan or grant.
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
and grants given by the department to recipients of the City's various housing programs. In cases of non-
compliance by the recipient, the attached recommended foreclosure policy would be utiJized to ensure
repayment of any loan or grant monies owed by the recipient. In these cases, staff will perform a pre-
foreclosure analysis on the file to determine the best course of action for both the City and the recipient. After
the pre-foreclosure analysis has been completed, staff will make a recommendation to the Economic
Development Director on a course of action for repayment. If the recommendation is for foreclosure, the
Economic Development Director will determine whether it would be in the City's best interest to foreclose on
the property, take legal action against the client with regards to the promissory note, or request that the
Finance Director write off the loan as uncollectible. Every effort will be made by staff to ensure that
displacement of any Iow-income resident who has received assistance under the City's housing programs wi
be the option of last resort
This item was referred to the Budget and Finance Committee on January 9, 2002. On January 17, 2002, the
Budget and Finance Committee recommended approval of the Policy.
Janua~ 25, 2002, 9:48am
S;~Admins\Forec[osure.wpd
ADMINISTRATIVE
REPORT
ME~G DATE: February 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.v.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
APPROVED
DEPARTMENT HEAD_~~
January 24, 2002 CITY ATTORNEY~
CITY MANAGER
Single Family Housing Rehabilitation Program - Loan Policy. (All Wards)
RECOMMENDATION:
Budget and Finance Committee recommends approval.
BACKGROUND:
In July, 1999, Council approved a change in policy to increase the Single Family Rehabilitation deferred and
amortized loan limits for the Economic and Community Development Department to $35,000. Ths
authorization also provided the Economic Development Director and the Community Development Coordinator
the authority to approve all Single Family Rehabilitation loans up to the maximum loan limit. Based on
guidelines outlined in the Community Development Housing Manual, there are two loan repayment options
for rehabilitation assistance being offered: a 4% amortized loan with Iow monthly payments over fifteen years;
or a 0% deferred loan with no payments for fifteen years or when title is transferred.
Increasingly, the need to exceed the $35,000 loan limit on amortized or deferred loans is required due to
extensive deterioration of the home and severely restricted incomes of the clients. A combination of the two
loans is offered when the homeowner's income cannot support the payment of the total amortized loan
amount. In addition, a project may require extensive demolition work and rehabilitation of the structure which
will increase the overall cost of the project and require additional assistance.
Staff has recently completed a review of the departments housing rehabilitation guidelines, including the
needs discussed above, and is proposing underwriting authority that allows the Department Director to
approve loans in excess of existing limits, provided the combined loans obtained by the client do not exceed
the total of $70,000 for each rehabilitation project. Also, the Community Development Housing Manual
provides underwriting criteria that requires the maximum loan-to-value of the home to be 90% in targeted
(Iow/mod income census tracts) areas and 80% in all other areas. The authority to allow loans up to the
maximum amount of $70,000 would continue to adhere to this policy.
On January 17, 2002, the Budget and Finance Committee recommended approval of the loan policy.
January 25, 2002, 9:48am
S:~Admins\SFRLoanLimit2002.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
AGENDA SECTION: Consent; Calendar-
ITEM: 8.w.
TO: Honorable Mayor and City Council APPROVE~D
FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~
DATE: January 28, 2002 CITY ATTORNEY ~
CITY MANAGER . _(. _~//~
SUBJECT:
2002 Legislative Platform
RECOMMENDATION:
Legislative and Litigation Committee recommends approval.
BACKGROUND:
Current legislative concerns are captured in the City's Legislative Platform which identifies the City's
legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest
concern. It also provides a basis for quick response by City legislative advocates and departments to
legislative issues that arise.
Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and
Litigation Committee met on January 28, 2002 to review the 2001 Platform for possible changes needed.
A change to the Platform identified removing paragraph four under General Government and replacing it
with new language.
Delete: "Support legislation or a constitutional amendment that provides permanent fiscal
relief for cities in light of the State budget surplus."
Replace with: "Support legislation or a constitutional amendment that returns local
government revenues previously captured by the State and limits the State's authority to
access revenues which traditionally fund city services, including but not limited to property
tax, vehicle license fees, and sales tax."
With the proposed change, the Committee feels the Platform adequately reflects the City's current
legislative concerns.
Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed
2002 Legislative Platform.
(P:~-&L~ADM02-02-06-1)
January 28. 2002, 4:22pm
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.x.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
January 25, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER
Approval of Community Development Block Grant (CDBG) Action Plan Amendment No. 9 (FY
98/99), Amendment No. 7 (FY 99/00), and Amendment No. 3 (FY 00/01 ), and Amendment No.
1 (FY 01/02), for the Southeast In-fill Housing Project. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendments affect CDBG program funds. The amendments are needed
to better reflect the program and budget needs for key department initiatives for the current year. The
proposed amendments will reallocate program funds in the amount of $165,000 from the Home Access Grant
Program, First Time Homebuyers Assistance Program and prior year program income to the following HOME
Investment Partnership Program activities:
Southeast Bakersfield Housinq In-fill Proiect New Construction - Maranatha Corporation Proiect.
Funds in the amount of $100,000 will be used to acquire vacant residential lots zoned for single family
residential construction within the blocks bounded by Lakeview Avenue, Brundage Lane, King Street
and Virginia Avenue. This activity will continue the strategy approved by City Council on November
14, 2001.
Southeast In-fill Housinq Assistance Proqram
This amendment also includes funds in the amount of $65,000 to assist eligible home buyers with
downpayment and closing cost assistance to help purchase new homes constructed as part of the
Southeast In-fill Housing Program in Census Tract 22. The maximum assistance for each home buyer
will be increased from $3,500 to $5,000 in the Southeast Bakersfield in-fill housing area only.
Dlk:S:~AdminstHOME amend.wpd
January 30, 2002.2:19pm
ADMINISTRATIVE REPORT Page 2
Below is a summary outlining the proposed adjustment.
From
Budgeted Adjustment
Home Access Grant Program
Home Access Grant Program
First Time Homebuyer Assistance
Home Access Grant Program
First Time Homebuyer Assistance
Program Income
FY 98/99 $30,000 ($6,481)
FY 99/00 $30,000 ($12,058)
FY 99/00 $100,000 ($16,662)
FY 00/01 $200,000 ($14,083)
FY 00/01 $30,000 ($5,000)
$45,716
First Time HomebuyerAssistance FY01/02 $202,500 ($65,000)
Southeast Bakersfield Housing
In-fill Project New Construction
Maranatha Corp.
$6,481
$12,058
$16,662
$14,083
$5,000
$45,716
$100,000
Southeast Bakersfield In-fill
Housing Assistance Program
$65,000
Included as part of the Amendment are changes and addictions to the City of Bakersfield Recapture
Guidelines for the Southeast In-fill Housing Assistance Program (G. Program Specific Requirement - 22
HOME (b) Recapture Guideline).
A public notice as published January 5, 2002 to begin the 30-day public comment period for the proposed
amendment. To date no public comments have been received.
DIk:S:~Admins\HOME amend.wpd
January 30, 2002, 2:19pm
ADMINISTRATIVE
REPORT
I MEETING DATE: February6, 2002 AGENDA SECTION: Hearings
TEM: 9.ao J
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 16, 2002
DEPARTMENT HE~
CITY ATTORNEY
/
CITY M.~uNAG ER~
An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 102-34) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from
an A (Agriculture) zone to a Planned Commercial Development (PCD) zone to allow a
Recreational Vehicle Park and related uses on 18.12 acres located on the southwest corner
of Pacheco and Wible Roads (#P01-0762) (Ward 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
At the request of Councilmember Salvaggio, this zone change was advertised for a public hearing
before the City Council. The notice of public hearing was general in nature. However, among some
of Councilmember Salvaggio's concerns included necessary sidewalk improvements along the west
side of Wible Road, south of Pacheco Road and the use of generators. On December 20, 2001, the
Planning Commission unanimously adopted Resolution No. 161-01 recommending adoption of the
ordinance approving Zone Change No. P01-0762 to allow a recreational vehicle park and related uses
located at the southwest corner of Pacheco and Wible Roads. Steve McKinzie, representing Edward
Gene Patterson, applied to change the zoning on 18.12 acres from an A (Agriculture) zone to a
Planned Commercial Development (PCD) zone consisting of 246 spaces for recreational vehicles, a
3,900 square foot building for related services (mini-market, laundry, recreation), manager's
residence, swimming pool area and future commercial development. The recreational vehicle (RV)
park is proposed to be developed only on the 16.32 acres previously used as the Crest Drive-In. The
1.8 acres owned by ExxonMobile on much of the Pacheco Road street frontage shall remain
undeveloped. If the PCD zone is approved, a revised PCD zone change application must be approved
prior to any development for the ExxonMobile property.
The 246 RV spaces are arranged along north-south drive aisles, in tiers of about 30 parking spaces.
The manager's residence and office, building housing guest services and swimming pool are located
at the northern portion of the property previously used as the Crest-Drive In.
January 23, 2002, 10:57am
ADMINISTRATIVE REPORT
The Planning Commission is recommending a landscaped 20-foot setback between the residentially
zoned property on the west and south sides and the first tier of RV spaces. An evergreen tree screen
is recommended. At least 50% of the trees along the west and south perimeter shall be a minimum
24" box size. An 8 foot high masonry wall would be constructed along the west boundary, and the
existing 6 foot high wall along the south boundary will remain.
After lengthy discussion, the Commission recommended 6 foot high chain link fence (without slats)
along the west side of Wible Road. Instead ora sidewalk, the Commission recommends landscape
screening between the curb and the fence. The existing canal is a physical limitation that does not
allow enough width between the curb and fence for the City standard of a 5~ foot wide sidewalk and
10 foot wide landscape strip.
The intention is for this RV park to operate on a transient rental basis, and not for people to occupy
their RV as a permanent residence. Therefore, a condition limits the duration of rental and stay to
fifteen continuous (15) days. Each 15 day stay must be separated by physically vacating the park for
at least thirty (30) days.
One person spoke in opposition to the request at the Planning Commission hearing. Mrs. Nita Bugni,
a nearby resident stated the proposed RV park is not compatible with the residential neighborhood,
would lower the quality of life and home values, and increase noise and traffic in the area. Letters
from two other area residents were submitted in opposition which contained the same concerns as
Mrs. Bugni's. Three people spoke in favor of the project.
The applicant states the proposed project is to implement the commercial designation of the General
Plan. The project site is designated as General Commercial on the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan. The proposed Planned Commercial Development (PCD)
zone is consistent with the GC designation.
Pursuant to BMC Section 17.64.040, Mr. McKinzie is also the applicant to rezone the 1.8 acres owned
by ExxonMobile Corporation located along Pacheco Road. This section allows an application for a
zone change involving more than one parcel of land may be submitted by owners of parcels
representing at least 60% of the area involved. The Crest Drive-In property represents about 90% of
the land area proposed to be rezoned signed the application. Inclusion of the Ex~onMobile property
in this zone change is to provide for orderly development. An authorized representative of
ExxonMobile could not be reached to participate in this zone change application.
Based on an initial study, staff has determined the proposed project will not significantly affect the
physical environment. A Negative Declaration was prepared and noticed. The environmental
document was submitted to the State Clearinghouse (SCH # 2001111014) for a minimum 30-day
review period beginning November 1, 2001 and ending November 30, 2001.
JENG
(admin\feb~2-6-0762)
January 16, 2002, 8:41am
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: Hearings
ITEM: 9.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 16, 2002
APPROVED
DEPARTMENT HEAD ~;~
CITY ATTORNEY .
CITY MANAGER ',~_ ~J~
Protest hearing for proposed Assessment District No. 01-2(AD 01-2, Seven Oaks West II/River
Walk/Southern Oaks):
Resolution Approving Final Engineer's Report, Levying Assessments, Ordering
Improvements, and Authorizing and Directing Relating Actions.
2. Resolution Determining Assessments Remaining Unpaid. (Ward 4)
RECOMMENDATION: Staff recommends overriding protests and adopting Resolutions.
BACKGROUND: On December 12, 2001, Council approved the Preliminary Ehgineer's Report and scheduled
the hearing for February 6, 2002.
Following the close of the hearing, adoption of these resolutions will approve the Final Engineer's report, levy
the assessments, order the public improvements, and provide for the cash payment period for property owners
wishing to pay all or any part of their respective assessments in cash, without interest.
Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of
assessment and cash payment opportunity will be mailed to the property owners (Castle & Cooke and Soper
Homes) of any property on which an assessment was levied and recorded. In order to expedite the bond sale
and delivery, the property owners have waived their entitlement to pay any part of any of the assessments in
cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments.
The next step will be the pre-marketing and pricing of bond sale by M.L. Stern & Co., Inc., to be concluded on
the February 20, 2002 Council meeting.
The Final Engineer's Report is on file in the City Clerk's Office.
January 16, 2002, 9:13AM
G:\GROU P DA'GADMINRPT~2002\Feb 6\ad01-2hrg,wpd
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
IAGENDA SECTION: Hearings
ITEM: 9.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
APPEOVED
DEPARTMENT HE~~
A rORN
Cl~ M~AGER~ ~
Concurrent General Plan Amendment/Zone Chanqe P01-0326 (Ward 6)
William Gammon has proposed a General Plan Amendment and an ordinance amendment
for approximately 112 acres, located generally along the west side of Stine Road, between Taft
Highway and McKee Road.
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designations from ER (Estate Residential) to LR (Low
Density Residential).
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map 123-34 from A (Agriculture) to R-1 (One Family Dwelling) on
112 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration and approving the
general plan amendment and first reading of the Ordinance.
BACKGROUND:
This amendment to the General Plan would permit the development of single family dwellings. The
applicant originally had concerns with a condition that added a traffic mitigation fee of $1,500 per
dwelling unit within the project area. This fee is in addition to the current Regional Traffic Impact Fee
and would be to off-set construction costs for the future State Route 119 overhead bridge widening
at Freeway 99. This was required due to the bridge widening project was not in the regional facilities
list for the regional impact fee. This condition was included with a modification that should the bridge
widening project be added to the facilities list, the applicant's payment of the Regional Traffic Impact
Fee would fulfill the requirement.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone
Change and recommended City Council approval on December 20, 2001. No significant issues were
raised by the public or any affected public agency at the public hearings held by the Planning
Commission. The applicant has agreed to all conditions and mitigation for the project.
January 14, 2002, 11:02am
ADMINISTRATIVE REPORT '
Page 2
The Planning Commission vote was 4-3 for approval. The pdmary concern was density. Three
Commissioners wanted much larger lots at the "edge" of the urban area.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on October
29, 2001 in accordance with CEQA.
MO:pit
(admin~feb~2-6-0326)
January 16, 2002, 8:36am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
!AGENDA SECTION: Hearings
ITEM: 9.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2002
DEPARTMENT HEAD~
CITY ATTORNEY /
ClTY MANAGER I
VED
Concurrent General Plan AmendmentJSpecific Plan AmendmentJZone Chanqe P01-0684
(Ward 4)
Kyle Carter Homes has proposed a General Plan Amendment, Specific Plan Amendment and
an ordinance amendment for two sites consisting of approximately .62 acres. Site sizes are
6,479 and 20,685 square feet. The 6,479 square foot site is located approximately 900 feet
south of Olive Drive (extended), approximately 250 feet east of the Friant-Kern Canal and
approximately 1,000 west of Riverlakes Drive. The 20,685 square foot site is located
approximately 350 feet south of Olive Drive (extended), approximately 600 feet east of the
Friant-Kern Canal and approximately 850 feet west of RiverLakes Drive.
Resolution approving the Notice of Determination and adopting the General Plan
Amendment to change land use designations from OS-P (Open Space and
Recreational Facilities) to LMR (Low Medium Density Residential).
Resolution approving the Notice of Determination and adopting the RiverLakes Ranch
Specific Plan Amendment to change land use designations from OS-P (Open Space
and Recreational Facilities) to LMR (Low Medium Density Residential).
Ordinance adopting the Notice of Determination and amending Title 17 of the Municipal
Code and Zoning Map Nos. 102-8 and 102-17 from OS (Open Space) to R-2 (Limited
Multiple-Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Notice of Determination and approving the
General Plan Amendment, Specific Plan Amendment and first reading of the Ordinance.
BACKGROUND:
This amendment to the General Plan, Specific Plan and zoning district would permit the development
of these two unused podions of golf course land to be developed to LMR and R-2 standards.
This General Plan Amendment, Specific Plan Amendment and Zone Change was scheduled for a
public hearing before the Planning Commission on December 20, 2001. However, this project was
January 14, 2002, 11:25am
ADMINISTRATIVE REPORT
not controversial and there were no issues of concern raised by the public or any affected public
agency. The applicant agreed to all conditions and mitigation for the project. Therefore, the applicant
requested that the project be placed on the consent calendar and the Commission concurred,
Staff determined that the project is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to the General Rule Section '15061 (b)(3). This project will not have a significant
effect on the environment. Therefore, a Notice of Exemption has been prepared for this project.
RED:pit
(admin\feb~2-6-0684)
January 14, 2002, 11:25am
ADMINISTRATIVE
REPORT
MEETING DATE: February 6, 2002
I ITEM: lO.a.
AGENDA SECTION: Reports
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: January 25, 2002 CITY ATTORNEY
C,TY MANAGER , ~_.~)~
SUBJECT:
Water Board Report No. 1o02 regarding Energy Task Force Report
RECOMMENDATION:
The Water Board recommends approval of Energy Task Force Report and recommendations 2,3 and 4.
BACKGROUND:
Councilmember Maggard referred the issue of the development of an electrical energy strategy to
the Water Board and requested that staff work with other private and governmental groups to
explore opportunities for the city to enhance the reliability and supply of electricity for the Citizens
of Bakersfield. The Water Board recommended the formation of an Energy Task Force made up
of representatives from the City Manager's Office, Public Works Department, Finance Department,
Water Department, and the City Attorney's Office to develop an electrical energy strategy and
review possible alternative electrical energy options available to the city.
The Energy Task Force has met for several months and conducted various meetings with industry
experts, reviewed legal and technical engineering information regarding municipal energy,
researched alternatives to provide electrical energy to city buildings and facilities, and attended
numerous educational and informational meetings and conferences on this issue. The report from
the Task Force is included with this administrative report.
The Energy Task Force Report was presented to the Water Board at its November 6, 2001
meeting. The Water Board deferred action on the report to its January 16, 2002 meeting. At that
meeting the Committee discussed the recommendations in the report which included the following
items which could be considered:
Hire a specialist/consultant familiar with the formation of municipal utilities as a neutral pady
to further evaluate the feasibility of the City becoming involved in electrical
generation/distribution as a municipal utility. This individual would need to address the legal,
technical and engineering issues involved with this alternative. Funding for this would come
from Council Contingency. Staff is currently reviewing possible consultants and the
January 30, 2002, 9:09AM
ADMINISTRATIVE REPORT
Page 2
anticipated cost.
Consider adopting an ordinance which reserves the city's direct access rights to aggregate
electrical power for distribution should it be allowed in the future by a change in state law.
Evaluate and implement a pilot program for distributed generation using gas fired
generators to provide base electrical loads for certain city buildings depending on the
operational and economic feasibility of each application.
Become actively involved in supporting legislation related to energy issues which provides
for enhanced local municipal control, energy reliability and citizen safety. The Council may
also want to pursue legislation which would provide a preference for our community to be
exempt from rolling outages since our local energy generation exceeds the local demand,
and thus makes our county a net exporter of energy. This would require legislative
sponsorship and support. It may be difficult to gain sufficient support to pass such
legislation, however.
Staff was asked what its recommendation was regarding the hiring of a consultant. Staff indicated
that due to the technical nature of the energy issue, that should the Council wish to consider
forming a Municipal Utility, a consultant would be needed. Staff further indicated the estimated cost
would be $150,000 to $200,000 at a minimum for preliminary work based on experiences of other
cities and current rates for consultants of approximately $235 per hour.
Based on the cost of outside consultants, the current dynamic economic and legal environment
regarding the electrical energy industry in California and since California is no longer facing an
energy crisis, staff does not recommend, at this time, the formation of a municipal utility as
presented in item 1.
Staff also clarified that the most likely projects for distributed generation would include City Hall and
the Police building. Staff is currently updating utility rate information with a consultant to determine
the financial feasibility of these projects.
Based on this information the Water Board does not recommend proceeding with item I and
recommends the Council adopt items 2,3 and 4.
$:~JOHN~Energy Cdsls~admin02 Feb 2002.wpd
Janua~ 30, 2002, 9:09AM
ADMINISTRATIVE
REPORT
IMEETING DATE: February 6, 2002
AGENDA SECTION: New Business
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 28, 2002
APPROVED
DEPARTMENT HEAD ~
ClTY A'n'ORNEY ~
ClTY MANAGER ~
A Resolution of the Council of the City of Bakersfield Directing Staff to Seek Authorship by
Bakersfield Legislators of Legislation Which Places a Member of the Bakersfield City
Council upon the Local Agency Formation Commission
RECOMMENDATION:
Legislative and Litigation Committee recommends approval.
BACKGROUND:
For many years the City of Bakersfield has had no representation upon the Local Agency Formation
Commission. The members of the Commission include two supervisors, two elected members from cities,
two elected members from special districts, and one general public representative. The members from
the cities (two) are appointed by a City selection committee, which according to law, "is encouraged to
select members to fairly represent the diversity of the cities in the county, with respect to population and
geography." This category has not been represented by Bakersfield in the last several years.
Bakersfield represents approximately 35% of Kern County's population. In new law, Bakersfield is required
to support LAFCo operations based on an allocation of cost to taxing agencies. Of those costs allocated
to cities (using the August 2001 allocations from LAFCo), Bakersfield is allocated approximately 64% of
that portion. Yet, Bakersfield has no representation upon LAFCo.
Proposed legislation has been drafted to eliminate this inequity. It is recommended staff be directed to
seek authorship of such legislation by a State legislators representing Bakersfield. State precedent has
already been set in legislation affecting other areas wherein major cities are guaranteed positions upon
their Local Agency Formation Commissions.
Therefore, it is recommended the City Council adopt this resolution directing staff to seek legislation by
a Bakersfield legislator to guarantee placement of a Bakersfield City Council member upon the Local
Agency Formation Commission.
(P:~L&L~ADM02-02-06-2)
January 29, 2002, 8:52arn