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HomeMy WebLinkAbout02/20/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY'20, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regutar Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (10 min) WORKSHOP a. Report on Status of Red Light Camera Enforcement Project. (John Stinson, Assistant City Manager) CLOSED SESSION Public Employee Performance Evaluation - City Manager Closed Session pursuant to Subdivision (a) of Government Code Section 54957. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; North Kern Water Storage District vs. Kern Delta Water District, et al. Tulare County Superior Court Case No. 96-172919 (This item is contingent on the results of settlement conference to be held on Feb. 19, 2002) REGULAR MEETING 1. INVOCATION by Rev. Daniel Gorman, Bakersfield Rescue Mission 2. PLEDGE OF ALLEGIANCE by David Hodson, 6th Grade Student, Stockdale Elementary 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by C0uncilmember David Couch of Certificate 0f Achievement to Sturgeon & Son, Inc., in recognition of 75 years of doing business in the community. b. Presentation by Mayor Hall of Recognition Certificates to the Centennial High School team members of the "We the People... The Citizen and the Constitution" competition. 6. PUBLIC STATEMENTS APPOINTMENTS a. One appointment to the Board of Building appeals due to a vacancy by Judith Martin. Staff recommends Council determination. (Ward 4) (Ward 6) (Ward 7) CONSENT CALENDAR . Minutes: a. February 6, 2002 Council Meeting. Payments: Payments from January 26, to February 7, 2002 in the amount of $6,662,016.20; and Self Insurance payments from January 26, to February 7, 2002 in the amount of $ t 23,496.04. Ordinances: Adoption of Ordinance amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-08 and 102-17 from OS (Open Space) to R-2 (Limited Multiple-Family Dwelling) on two site consisting of .62 acres (6,479 and 20,685 sq. ft.). 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. (P01-0684) (First reading 2/6/02) Adoption of 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. (First reading 2/6/02) Adoption of 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. (ZC P01-0326) (First reading 2/6/02) Adoption of Ordinance adopting the 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. (ZC PO 1-0762) (First reading 2/6/02) -2- (Ward 4) (Ward 1) (Ward 4) (Ward 4) (Ward 4) (Ward 4) CONSENT CALENDAR continued First Reading of an Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-18) of Title 17 of the Bakersfield. Municipal Code by changing the zoning from Agriculture-20 acre minimum (A-20A) to One Family Dwelling (R-l) on 64.14 acres located north of Pacheco Road, east of Mountain Vista Drive (ZC P01-0898) Resolutions: Resolution of Intention No. 1265 ordering the vacation of the five foot wide pedestrian easement at the north end of Verdant Court in Tract No. 4110. Resolution proposing Expansion No. 17 of the boundaries of the Southeast Metropolitan Bakersfield Enterprise Zone. j. Assessment District Software: Resolution determining that certain Assessment District Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $33,000. Agreement with NBS Government Finance Group (NBS/GFG) to purchase Assessment District Software. Amendment No. 1 to Resolution No. 004-02 authorizing access to Sales and Use Tax Records. Agreements: I. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430, Phase J, located north of White Lane, west of Old River Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430, Phase K, located north of White Lane, west of Old River Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5827, Phase H, located south of Brimhall Road, west of Verdugo Lane. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5827, Phase I, located south of Brimhalt Road, west of Verdugo Lane. mb Agreement with California City Fire Department, an incorporated City government, to purchase two used police sedans from the City for St ,500 each, total of $3,000. -3- (Ward 4) (Ward 7) (Ward 7) (Ward 4) (Ward 5) (Ward 1) (Ward 2) (Ward 2) CONSENT CALENDAR continued Agreement to Indemnify LAFCO for City Annexation No. 421, Proceeding1314, uninhabited territory located along the north side of Brimhall Road near Verdugo Lane. Agreement to Indemnify LAFCO for City Annexation No. 423, uninhabited territory located southeast of Castro Lane and Talisman Drive. Agreement to Indemnify LAFCO for City Annexation No. 424, uninhabited territory located along the south side of Hosking Road, west of Union Avenue. Agreement to Indemnify LAFCO for City Annexation No. 427, Proceeding 1311 inhabited territory located southeast of Olive Drive and Allen Road. r. Agreements for purchase of surplus property: Agreement for purchase of surplus property by Westminster Presbyterian Church. Agreement for purchase of surplus property by Bakersfield Police Activity League (PAL). Agreement with DBL Entertainment, in an amount not to exceed $166,000, to book and produce acts for the Rockin' By The River Summer concert series for 2002- 2005. Agreement with Bakersfield Senior Center for $495,000 in HOME Investment Partnership - Community Housing Development Organization (CHDO) funds to construct an 80 unit Senior Housing Project located at R and 5'h Street. u. Agreement with Riptide Aquatics for use of Jefferson Park swimming pool. v. Real Property Purchase: Agreement with Pearl C. Sanford, Co-Trustee of Sanford Living Trust to purchase real property located at 1275 P Street for $95,000 of Community Development Block Grant Funds. Agreement with Don and Jane Ambriz to purchase real property located at 1301 Q Street for $132,000 of Community Development Block Grant Funds. Amendment No. 1 to Agreement No. 01-143 with Sturgeon & Son Inc. to add $190,000 (for a total annual contract amount of $406,000) to provide imported material to complete rough grading on 32-Acre Park Site. Amendment No. 1 to Agreement No. 01-045 with Loop Electric to add $20,000 (for a total contract amount of $45,000) for vehicle loop cutting services at various intersections within the City. -4- 8. CONSENT CAL£NDAR continued (Ward 1) (Ward 2) (Ward 4) (Ward 1 ) Bids: y. Demolition of Improvements at 333 Union Avenue (Chaparral Motel): Accept bid to award Contract to Abateco in the amount of $177,500 for the Demolition of Improvements at 333 Union Avenue. Appropriate $177,500 from Southeast Bakersfield Redevelopment Area available current revenue to the Redevelopment Agency Operating Budget. · Agreement between Bakersfield Redevelopment Agency and the City of Bakersfield to reimburse for the demolition of 333 Union Avenue from the Southeast Bakersfield Capital Improvement Budget, totaling $177,500. Accept bid to award contract to Kern Valley Construction in the amount of $116,352 for the construction of a meta{ building at 130 Sumner Street for the City of Bakersfield's Recreation and Parks Division. aa. Accept bid to award contract to S & K Theatrical Draperies, incorporated, $88,157.03 to furnish and install stage curtains (Grand Drape) at the Convention Center. bb. Accept bid from Flashco, Incorporated, $34,174.74 for two trailer mounted message boards for the Public Works Department. CC. Accept bid from Jim Burke Ford, $32,665.48 for two mid size pickups with extended cabs for Public Works Department. (additional) Miscellaneous: dd. Appropriate $126,000 Park improvement Fund Balance to the Non-Departmental Operating Budget to reimburse the Developer of River Oaks Ranch Park for development of the park. ee. Appropriate $76,000 Southeast Bakersfield Project Area Tax Increment to the Bakersfield Redevelopment Agency Operating Budget for consultant agreement for the Southeast Bakersfield Community Strategic Plan. ff. Transfer of $10,000 from the Council Contingency to the Non-Departmental Operating Budget within the General Fund for a retreat and a community forum conducted by Phillip Graham, Ph.D., Research Health Analyst, Research Triangle Institute of Durham, North Carolina. gg. Authorization to convert two Temporary Clerk Typist I positions to one Regular Full- Time Clerk Typist I position. (City Clerk Division) hh. Revised Job Specification: Wastewater Treatment Plant Operator I. ii. Acceptance of 2000-01 Transportation Development Act Funds Financial Statements. (Refer to Budget and Finance Committee) -5- (Ward 4) 10. CONSENT CALENDAR continued jj. Request by Councilmember David Couch to develop a Long Term Financial Plan for the City. (Refer to Budget and Finance Committee) kk. Approval of setting a Closed Session hearing date for April 10, 2002 to consider an Appeal of the Revocation of Taxi Permit. Staff recommends adoption of Consent Calendar Items a. through kk. HEARINGS Hearing as required by Resolution of Intention No. 1263 regarding the Hageman Road Planned Major Thoroughfare Area: (Staff comments by Raul Rojas, Public Works Director) Resolution adopting the Hageman Road Planned Major Thoroughfare Area and making findings thereto: Adoption of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares (First reading 2/6/02) Staff recommends overriding protests and adoption of the resolution and ordinance. Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Staff comments by Jack Hardisty, Development Services Director) Staff recommends adoption of the resolution. REPORTS a. Community Services Committee Reports: 1. Majority Report No. 1-02 regarding Placement of Patriotic Documents in City Hall; Establishment of a Liberty Garden; and Placement of "In God We Trust" on City Hall. 2. Minority Report No. 1-02 regarding Placement of "In God We Trust" on City Hall Community Services Committee recommends: 1. Accept Majority Report No. 1-02 and implement recommendation. 2. Accept Minority Report no. 1-02, receive public testimony, and City Council's determination. -6- 10. REPORTS continued Legislative and Litigation Committee Report No. 1-02 regarding Resolution Amending and Reaffirming City's Annexation Mission Statement and Establishing a Pre-application Process for Annexations. Legislative and Litigation Committee recommends acceptance of report and adoption of the resolution. 11. DEFERRED BUSINESS 12. NEW BUSINESS a. City Council Goal Setting Session. Staff recommends Council determination. 13. COUNCIL & MAYOR STATEMENTS 14, ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Council~AGEN DA~2002\FEB2002 wpd Februan/14, 2002 (11:42am) -7- ADDENDUM BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 20, 2002 (Ward 4) CONSENT CALENDAR II. Contract with Brown Armstrong, Certified Public Accountants, not to exceed $42,000 for Allen Road Sewer Project (Scales Construction). Staff recommends approval of contract. Respectfully submitted, Alan Tandy City Manager S:\CounciI~AGENDA~2002\FEB2002ADDEN DUM.wpd Februa~j 15, 2002 (1:11pm) B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: February 15, 2002 HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ~/~ ALAN TANDY, CITY MANAGER / , AGENDA HIGHLIGHTS - FEBRUARY 20, 2002 COUNCIL MEETING PRE-MEETING There is one workshop on the status of the Red Light Camera Enforcement project by Assistant City Manager, John Stinson. There are two closed session items: 1) performance evaluation of the City Manager; and 2) conference with legal counsel regarding existing litigation. APPOINTMENTS There will be one appointment to the Board of Building Appeals. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance amendinq the Municipal Code and Zoninq Map from OS (Open Space) to R-2 (Limited Multiple-Family Dwellinq) on two sites consisting of .62 acres (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). This ordinance was given first reading at the City Council meeting on February 6, 2002. No one spoke in opposition. HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 15, 2002 PAGE 2 Item 8d. Ordinance deleting Chapter 1.12 of the Municipal Code in its entirety and addinq a new Chapter 1.12 relating to the establishment of ward boundaries. This ordinance was given first reading at the City Council meeting on February 6, 2002. No one spoke in opposition. Item Se. Ordinance adoptin,q the Negative Declaration and amendinq the Municipal Code and Zoninq Map from A (A,qriculture) to R-1 (one Family Dwellinq) on 112 acres (West side of Stine Road, between Taft Hiqhway and McKee Road). This ordinance was given first reading at the City Council meeting on February 6, 2002. No one spoke in opposition. Item 8f. Ordinance adopting a Neqative Declaration and amendinq the Municipal Code by changing the zoning from A (Aqriculture) zone to a PCD (Planned Commercial Development) to allow a Recreational Vehicle Park and related uses on 18.12 acres located on the southwest corner of Pacheco and Wible Roads. The City Council held a public hearing for this zone change on February 6, 2002. First reading of this ordinance was given at the conclusion of the hearing, which included some changes to conditions recommended by the Planning Commission. Item 8q. Ordinance adopting a Ne,qative Declaration and amendinq the Municipal code by chan,qin.q the zoning from A-20A (A.qriculture - 20 acre minimum) to R-1 (One Family Dwellinq) on 64.14 acres located north of Pacheco Road, east of Mountain Vista Drive. On January 17, 2002, the Planning Commission adopted a resolution recommending adoption of the ordinance approving the zone change. A representative of the property owner requested the zone change for the purpose of single family residential development. The site has not been in agricultural development for several years. Currently, the site is surrounded on all four sides with proposed and existing urban residential development. The proposed zone change brings the property into consistency with the Low Density Residential General Plan designation. No one spoke in opposition to the proposal. Based on an initial study, staff determined the proposed project will not significantly affect the physical environment. This is the first reading of the ordinance. Resolutions: Item 8h. Resolution of Intention to order the vacation of the 5-foot wide pedestrian easement at the north end of Verdant Court. The north end of Verdant Court ends at a cul-de-sac at the south boundary of Castle Park. The Sagepoint Patio Homeowners Association requests that the pedestrian access be removed by closing off the opening in the block wall along the park boundary due to constant foot traffic, vandalism and other illegal activities at properties at this location. The City Parks division is in agreement with the closure. City Fire, Police, Public Works Economic Development, and Development Services Departments have been notified and none have posted any objection. All lot owners within a 300-foot radius were mailed preliminary notice and none have posted any objection. The proposed vacation was heard by the Planning commission at its meeting of January 17, 2002 and was found to be consistent with the 2010 General Plan. This resolution sets the date of March 20, 2002 for public hearing. Item 8i. Resolution proposing expansion of the boundaries of the Southeast Metropolitan Bakersfield Enterprise Zone. New City Cleaners has requested the City expand the boundaries of the Enterprise Zone to benefit the company's plans for expansion at its existing site of 1021 18th Street. The company anticipates hiring an additional 15 employees and purchasing approximately $250,000 of new equipment to expand its operations. The economic boost from the hiring and HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 15, 2002 PAGE 3 equipment purchase tax credits wil~ allow the company to be competitive and keep its operations at this long time site. In addition, the proposed expansion could assist an additional dozen other businesses that are along the route of the expansions. The expansion would require 10.75 acres. The City currently has 81.77 acres of expansion acreage available. Item si. Assessment District Software. In 1996, the City purchased a DOS based software package from the Government Finance Group (GFG) to assist with the accounting for pamel related information. This software is obsolete, and no longer fully supported by the vendor. The vendor now offers a new "windows" based software, which, to the best of our knowledge, is the only such software product that meets the City's needs. The cost for the new software, including staff training, is estimated at $33,000. A maintenance fee of $5,700 per year will be incurred beginning 12 months after installation. Since the software is solely used for administration of assessment districts, the cost will be borne by the districts on a "per parcel" basis at $1.77 per parcel in year one and about $0.31 per parcel for each year thereafter. A resolution is provided that determines that the software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding in an amount not to exceed $33,000. Council will also be asked to approve an agreement with GFG to purchase the software. Item Bk. Amendment No. 1 to Resolution No. 004-02 Authorizing Access to Sales and Use Tax Records. On January 9, 2002, the Council adopted a resolution which authorizes the Finance Director, City Treasurer and their assistants to receive and review sales and use tax "allocation information" from the State Board of Equalization. In order for the authorization to include "permit registration" (e.g. identification of the sales tax permit holder) provided by the Board, the State has requested the word "record" be used in place of "allocation information." This resolution accommodates the State's request. Agreements: Item 8m. Aqreement with California City Fire Department to purchase two used police sedans from the City for $1,500 each, for a total of $3,000. The Finance Director received a request from the California City Fire Department to buy two surplus, used police sedans. The Municipal Code provides for this action and states that any sale to a governmental entity, or nonprofit organization, shall be subject to confirmation and approval by the City Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims. Item 8q. Aqreement to indemnify LAFCo for an annexation of inhabited territory located southeast of Olive Drive and Alien Road. LAFCo is processing the annexation and will place a condition that the City indemnify them prior to the issuance of the Certificate of Completion. 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 consists of 21.39 acres, which is developed with a singIe family residential subdivision. LAFCo will conduct a protest hearing to determine support for the annexation. Item 8r. Aqreements for purchase of surplus property. The Convention Center has a cotton candy machine and a 112' x 60' basketball floor that are both in poor condition and are no longer needed. The Westminster Presbyterian Church and PAL have expressed an interest in these items, respectively. The Finance Director has determined that these items are properly classified as "surplus property" under the Municipal Code. HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 15, 2002 PAGE 4 Item Ss. Agreement with DBL Entertainment, in an amount not to exceed $166,000, to book and produce acts for the Rockin' By The River Summer concert series for 2002-2005. Three years ago, the department started the Rockin' by the River series. In 1999, the Department of Recreation and Parks managed the event. In years 2000 and 2001, the Council approved agreements with DBL Entertainment for $31,000 and $39,550, respectively. The agreements with DBL enabled a promoter to bring known rock bands from the classic rock era to Bakersfield. Each year, the event has grown and last year was attended by 36% more people than the prior year. Because of the success of the event, the Council approved additional funding that was necessary to maintain the "level" of acts that were being hired. This funding was necessary to cover the costs that were the result of market changes. To reduce the support from the General Fund and offset the costs of the event, the staff has been actively soliciting funding from private sources. Tentatively, we have commitments from two potential sponsors at $5,000 each. Also, the recently-approved agreement with the Pepsi Bottling Group included a guaranteed cash payment to the City each year of $15,000. This amount was due in part to including Pepsi in Rockin' by the River. Item 8t. Agreement with Bakersfield Senior Center (BSC) for $495,000 in HOME Investment Partnership (HOME) and Community Housincl Development Or.qanization (CHDO) funds to construct an 80 unit Senior Housinq proiect at "R" and 5t~ Streets. This project is a joint venture between BSC and Retirement Housing Foundation (RHF). The financial assistance from City HOME funds will enlarge the original site approved by HUD, improve the circulation by eliminating traffic congestion and improve the security of the project. Several options were considered by the Budget and Finance Committee at their meeting of October 4, 2001. The Committee recommends a total commitment of $495,000. Item 8u Aqreement with Riptide Aquatics for use of Jefferson Park swimming pool. Riptide Aquatics competitive swim team desires to enter into an agreement for use of the swimming pool at Jefferson Park. They request use of the pool once a month, during the evening hours. According to the Master Fee Schedule, the use of City swimming pools is charged at $80 for two hours, and includes lifeguards. Staff proposed that the rental rate be $28 per hour given the high quantity of usage and the fact they do not require lifeguards. This is the same amount charged to other swim clubs for rental of City pools. Item 8v. Real Property Purchase. As part of Amendment No. I to the CDBG Action Plan approved by the Council on April 28, 1998, program funds were designated for the Acquisition and Demolition Program for vacant substandard properties in Wards I and 2. The purpose is to purchase and demolish deteriorated industrial, commercial and residential properties in redevelopment project areas. The properties to be acquired are: 1) a 6,584 square foot warehouse building formerly used for a commercial refrigeration business located at 1275 "P" Street for $95,000; and 2) a 7,000 square foot parcel developed with a 1,320 square foot wood frame office building at 1301 "Q" Street for $132,000. An environmental assessment found no environmental concerns on the second property. On November 16, 2000, the Planning Commission found the acquisitions consistent with the 2010 General Plan. Item 8w. Amendment No. 1 to Aqreement No. 01-143 with Sturqeon & Son Inc. to add $190,000 (for a total annual contract amount of $402,000) to provide imported material to complete rouqh qradin.q on 32-Acre Park Site. The annual contract with Sturgeon & Son, Inc. was approved at the June 13, 2001 Council meeting and will expire June 13, 2002. This earthwork and hauling annual contract is HONORABLE MAYOR AND CiTY COUNCIL FEBRUARY 15, 2002 PAGE 5 nearly exhausted due to the increased needs of the City. Staff estimates that an additional amount not to exceed $190,000 is needed to complete earthwork for the new 32-acre park site south of the river. Since other projects are currently under construction near this area and the river is scheduled to remain dry, it would be beneficial to begin immediately for completion by early spring. Funds for the project are currently budgeted in the Water Resources Prop. 13 Capital Improvement Budget. Item 8x. Amendment No. 1 to Aqreement No. 01-045 with Loop Electric to add $20,000 (for a total contract amount of $45,000) for vehicle loop cutting services at various intersections. At the February 14, 2001 Council Meeting, the annual contract for vehicle loop cutting services at various intersections was awarded to Loop Electric for $25,000. At this time, the annual contract amount has been exhausted due to the increase in repair work generated by street repair work this year. Outstanding bills total approximately $9,000, and staff is estimating an additional $11,000 is needed for future vehicle loop cutting services. This totals $20,000 to cover the increase. This is necessary to cover the annual contract until the item is sent out to bid. Bids: Item 8y. Demolition of Improvements at 333 Union Avenue. As part of the City's efforts to remove blight from the Union Avenue corridor, the Building Department has been working with the owners of the Chaparral Motor Inn located at 333 Union Avenue to either repair or demolish the structures on site. An investor purchased the site unknowing there had been a demolition order placed on the property. He subsequently agreed to demolish the most dilapidated building at his own cost. Funds from the Southeast Redevelopment Project Area operating fund totaling $177,500 are now available to demolish the remaining structures. Staff recommends approval of appropriation of these funds. The new owner has agreed to reimburse the City for this cost, and a reimbursement agreement between the Bakersfield Redevelopment Agency and City is recommended for approval to accomplish this. Six acceptable bids were received for the demolition. Staff recommends award to Abateco for $177,500. Item 8z. Award bid to Kern Valley Construction for the construction of a metal buildinq at 130 Sumner Street for the City's Recreation and Parks Department in the amount of $116,352. This project will replace the Department's former building that was demolished to provide for future development, and will be used to store miscellaneous maintenance/playground equipment and the mobile stage. Two acceptable bids were received. Staff recommends award to Kern Valley Construction. Item 8aa. Award bid to S & K Theatrical Draperies, Inc. to furnish and install staqe curtains at thc, Convention Center for $88,157.03. Five acceptable bids were received. Staff recommends award to S & K Theatrical Draperies, Inc. Item 8bb. Award bid to Flashco, Inc. for two trailer mounted messaqe boards for the Public Works Department for $34,174.75. One acceptable bid was received. Staff recommends award to Flashco, Inc. Item 8cc. Award bid to Jim Burke Ford for two mid-size pickups with extended cabs for the Public, Works Department for $32,665.48. Two acceptable bids were received. Staff recommends award to Jim Burke Ford. HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 15, 2002 PAGE 6 Miscellaneous: Item 8dd. Appropriate $126,000 Park Improvement Fund Balance to the Non-Departmental Operatin.q Budget to reimburse the developer of River Oaks Ranch Park. On January 17, 2001, Council entered into an agreement with Coleman Homes, Inc. to develop the 10-acre River Oaks Ranch Park. The agreement requires the City to reimburse Coleman Homes, Inc. in an amount not to exceed $518,000 for the entire project, and specifies that the reimbursement is made from development fees collected from specific tracts within Park Improvement Zone #1 that currently total $126,000. Staff is now requesting authorization to reimburse Coleman Homes, Inc. for this amount based on development fees collected between July 1, 2001 and December 31, 2001. Item 8ee. Appropriate $76,000 Southeast Bakersfield Pro{ect Area Tax Increment to the Bakersfield Redevelopment Agency Operatinq Budqet for consultant agreement for the Southeast Bakersfield Community Strateqic Plan. In June of 2001, staff was directed to apply for Empowerment Zone (EZ) designations and funding from HUD. Staff issued a RFP to prepare the community plan, define the boundaries of the EZ (which include the Southeast Bakersfield Project Area), prepare an application for a neighborhood revitalization strategic area, and help to assemble the governance board for the strategic plan. Two proposals were received. An eight-member panel consisting of community members and stakeholders interviewed the two applicants, and selected Keyser Marston Associates, Inc. (KMA). The fee for their service is $76,000. The initial plan will be completed 120 days after approval of the agreement. After HUD announces its next round of EZ funding, KMA will update the plan for submission in the application. Item 8ff. Transfer of $10,000 from the Council Contingency to the Non Departmental Operating Bud.qet within the General Fund for a retreat and a community forum conducted by Phillip Graham, Ph.D, Research Health Analyst, Research Tdan.qle Institute of Durham, North Carolina. The Ad Hoc Committee on Crime, Weapons, Gang Violence and Community Relations has been meeting for the last two years to develop long-term strategies for reducing gang violence to make every neighborhood in the City of Bakersfield a safer place to live. The Committee is in the process of formulating a comprehensive action plan that can be utilized as a model to be replicated throughout the City. It is the Committee's desire to bring a prominent speaker to Bakersfield to conduct a retreat for the purpose of preparing the community action plan and attend a forum/luncheon with the faith community, educators, business owners, parents and the community of Bakersfield. This request is necessary to cover the cost of hosting the retreat, forum/luncheon and to provide a modest honorarium plus expenses for Phillip Graham, Ph.D. the retreat is scheduled for Friday, March 15, 2002 from 9:00 a.m. until 3:00 p.m. at the Rio Bravo Resort. Mr. Graham has conducted numerous research projects, lectures extensively, facilitates panel discussions and is currently working on projects in Oregon and Louisiana. Item 8.q.q. Authorization to convert two temporary Clerk Typist I positions to one reqular full-time Clerk Typist I. The City Clerk's office has utilized temporary clerical help for five years. The City Manager's office has also used temporary clerical help on a recurring basis. In an effort to provide continuity, reduce the need for repeated training, and increase productivity, staff proposes to convert the existing two half-time temporary positions to one full-time position. This would be a shared position between the City Clerk's and City Manager's offices. The full-time position would be reflected in the City Clerk's budget, with 50% of the cost shared in the City Manager's budget. Because the proposed conversion is cost neutral and will shift temporary salaries to full-time salaries on a dollar-for-dollar basis, there is no impact on the departmental budget. HONORABLE MAYOR AND CItY COUNCIL FEBRUARY 15, 2002 PAGE 7 Item 8hh. Revised Job Specification. On December 27, 2001, the State Water Resources Control Board (SWRCB) confirmed that a Grade I operator can be a lone operator at either of the City's wastewater treatment plants. The job specification for Wastewater Treatment Plant Operator I was updated in light of this information. The salary for this classification will remain the same. CCAPE concurs with the proposed revision. The revision will be presented to the Miscellaneous Civil Service Board at their February 19, 2002 meeting. Item 8ii. Acceptance of 2000-01 Transportation Development Act Funds Financial Statements. The Financial Statement summarizes fiscal activity for the Streets and Roads Fund, the Bikeway and Pedestrian fund, and the Public Transit Fund, which includes the Bakersfield Amtrak Station's operating expenses. Item 8ii. Request by Councilmember Couch to develop a long-term financial plan for the City. Councilmember David Couch requested that staff place the issue of development of a long-term financial plan for the City on the Council agenda for referral to the Budget and Finance Committee for their review and recommendation. Item 8kk. Approval of settinq a Closed Session hearinq date to consider an Appeal of the Revocation of Taxi Permit. A taxi cab owner wishes to appeal the revocation of his taxi permit. Such appeals are normally held in Closed Session due to the privacy issues surrounding the permit holder. Staff recommends that the hearing be set for April 10, 2002 and that notification of said hearing be sent to the appellant upon approval of the hearing date. Item 811. Contract with Brown Armstronq, Certified Public Accountants regarding the Allen Road Sewer Project. The City, through its Settlement Agreement on the Allen Road Sewer Project, agreed to hire a certified public accounting firm to audit the project and to recommend payments thereon to the claimants from the remaining construction accounts. An RFP was issued, and one proposal was received from Brown Armstrong. Brown Armstrong estimated a total cost of $41,382 for this project; however, staff is recommending the contract be written for a not-to-exceed amount of $42,000 to cover minor contingencies which may arise during the course of the audit. Once the audit is complete, the City will follow the instructions of the auditors concerning which claimants should be paid and the amounts that should be paid to them. HEARINGS Item 9a. Haqeman Road Planned Major Thorouqhfare 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 north half of 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. The hearing is in regard to the adoption of the Planned Major Thoroughfare Area. A recommended resolution adopts the Area, and an ordinance adds the Area to the Municipal Code. HONORABLE MAYOR AND CitY COUNCIL FEBRUARY 15, 2002 PAGE § Item 9b. Resolution making findin,qs and updatinq the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Developers pay a $1,240 per acre mitigation fee at grading plan approval stage to compensate for direct and indirect impact on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's Implementation/Management Agreement with the U.S. Fish and Wildlife Service, and California Department of Fish and Game. The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the mitigation fee. Pursuant to the Government Code, the Capital Improvement Plan must be updated annually. No change in fee is recommended at this time. REPORTS Item 10a. Community Services Committee Maiority Report No. 1-02 and Minority Report No. 1-02 reqardin.q Placement of patriotic documents in City Hall; Establishment of a Liberty Garden; Placement of "In God We Trust" on City Hall. On January 25, 2002, the Community Services Committee voted unanimously to recommend the City Council approve establishment of a Liberty Garden and placement of patriotic documents in City Hall. The documents may include the Declaration of Independence, the Constitution of the United States and the Bill of Rights. The Committee disagreed on the placement of "In God We Trust" on City Hall. A minority and majority report are included in the packet. There will be time set aside during this item on this issue for public statements on the "in God We Trust" issue. The 3 minute public statement rule will apply. Item 10b. Leqislative and Litiqation Committee Report No. 1-02 re.qardinq Resolution Amendinq and Reaffirming City's Annexation Mission Statement and Establishinq a Pre-application Process for Annexations. For several months, the Legislative and Litigation Committee has been reviewing issues related to the City's annexation procedures, including the establishment of an annexation pre- application process which would direct City staff in its initial procedures prior to the involvement of LAFCo. The resolution amends and reaffirms the City's Annexation Mission Statement and adopts a process to guide the Council and City staff in annexation efforts. NEW BUSINESS Item 12a. Goal Settinq. The City Council has expressed an interest in having their annual goal- setting session. Some of the Council prefer to incorporate goal-setting into a City Council workshop. Staff has time available during the March 6~, March 20th, and April 10~ workshops. If the Council prefers a weekend meeting in the coming weeks, staff will reserve a date and obtain a suitable location for the meeting. AT:AC:al cc: Department Heads City Clerk's Office News Media File S:~AGN_H IGH\02Feb20.doc ADMINISTRATIVE :REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Workshop ITEM: 2.a. TO: FROM: DATE: SUBJEOT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 25, 2002 CITY ATrORNEY CITY MANAGER Report on Status of Red Light Camera Enfomement Project APPROVED .DEPARTMENT HEAD RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: There will be an oral report presented on the status of the Red Light Camera Project presented by Assistant City Manager John Stinson. S:~JOHN~Red Light Camera admin Feb 20 * 2002.wpd February 12, 2002, 3:30PM ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart Thiltgen, City Attorney FebCuary 8, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Public Employee Performance Evaluation -- City Manager Closed session pursuant to subdivision (a) of Government Code section 54957 APPROVED RECOMMENDATION: BACKGROUND: BJT:las FE20CA1 .CS February 8, 2002, 9:58am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Closed Session TEM: 3.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney Febrc~ary 8, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. North Kern Water Storage District v. Kern Delta Water District, et al.; Tulare County Superior Court Case No. 96-172919 RECOMMENDATION: BACKGROUND: BJT:las FE20CA2.CS February 8, 2002, lO:01am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Presentations ITEM: 5.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall FebrUary 8, 2002 DEPARTMENT HEAD CITY A'n'ORNEY CITY MANAGER APPROVED Presentation by Councilmember David Couch of Certificate of Achievement to Sturgeon & Son, Inc., in recognition of 75 years of doing business in the community. RECOMMENDATION: BACKGROUND: February 8, 2002, 4:35pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Presentations ITEM: 5.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall Febrhary 12, 2002  VED DEPARTMENT HEAD__.~ CITY A'I'rORNEY ClTY MANAGER Presentation by Mayor Hall of Recognition Certificates to the Centennial High School team members of the "We the People ,., The Citizen and the Constitution" competition. RECOMMENDATION: BACKGROUND: February 12, 2002, 11:07am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 ECTION: Appointments TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council /'3 Pamela A. McCarthy, City Cl k(~ February 9, 2002 APPROVED DEPARTMENT HEAD CITY ATrORNEY ~ CITY MANAGER ,//~ One appointment to the Board of Building Appeals due to the unexpired term of Judith Martin. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Board of Building Appeals due to the unexpected passing of Judith Martin. This is a Council appointment and is not ward specific. Members do not serve for a specified term. Applications to fill the unexpired term have been received from the following individuals: Don G. Simpson Kenneth A. Shelton Anthony William Noce Arin Don Resnicke The Board of Building Appeals is an advisory body to the City Council. It is composed of seven (7) members, nominated and appointed by the full Council. Members must be residents of the City throughout their terms and shall be qualified by training and experience in building construction or the building trades. The responsibilities of the Board include the resolution of questions relating to the suitability of alternate materials and methods of construction; determine reasonable interpretations of the provisions of the building and construction code and the adoption of reasonable rules and regulations consistent with the purposes of such code for conducting hearings and investigations. The Board of Building Appeals renders written findings of investigations and decisions to the building director and makes recommendations to the City Council consistent with its purpose and function. Meetings are held at 1715 Chester Avenue, development Services Building. No meeting dates specified. S:~Bds&Com m~BBA~Admin2OO2.wpd February 7, 2002, 6:54pm ADMINISTRATIVE MEETING DATE: February 20, 2002 TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk January 25, 2002 SUBJECT: Minutes of February 6, 2002 Council Meeting. RECOMMENDATION: REPORT AGENDA SECTION: Consent Calendar ITEM: 8.a. APPROVED DEPARTMENT HEAD ~ CITY ATrORNEY N/A CITY MANAGER BACKGROUND: bz S:\Council~admins~2002\F EB2002.wpd February 8, 2002, 3:29pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 7, 2002 APPROVED CITY AI"I'ORNEY CITY MANAGER Approval of department payments from January 26, 2002 to February 7, 2002 in the amount of $ 6,662,016.20 and self insurance payments from January 26, 2002 to February 7, 2002 in the amount of $123,496.04. RECOMMENDATION: Staff recommends approval of payments totaling $6,785,512.24. BACKGROUND: S:~imG\Forms & Lables~ADMIN~AP.wpd ADMINISTRATIVE REPORT IMEETING DATE: February20, 2002 AGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 5, 2002 DEPARTMENT HEA~ CITY ATTORNEY./// /~ CITY MANAGER An Ordinance amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-08 and 102-17 from OS (Open Space) to R-2 (Limited Multiple-Family Dwelling) on two sites consisting of .62 acres (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 Ddve (extended), approximately 600 feet east of the Friant-Kern Canal and approximately 850 feet west of Riverlakes Drive. (P01-0684). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This item was given first reading at the February 6, 2002 Council meeting. This zone change would permit the residential development consistent with the R-2 zone district. Staff determined that the project would not have a significant effect on the environment and a Notice Of Exemption was prepared and posted on November 2, 2001, in accordance with CEQA. RED:pjt (admin\feb~-20-0684) February 5, 2002, 10:30am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 I AGENDA SECTION: Consent Calendar I ITEM: 8.d. I TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 31, 2002 DEPARTMENT HE~,~___ CiTYATTORNEF CITY MANAGER .,~__~ Ordinance deleting Chapter1.12 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: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading for this item on February 6, 2002. 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-20-wb) January 31, 2002, 8:51am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2002 APPROVED DEPARTMENT HE~ CITY ATTO RN~Y CITY MANAGER 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. (Zone Change P01-0326) (Ward 6) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: IOrdinance was given first reading on February 6, 2002 by the City Council. 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 wera 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. The Planning Commission vote was 4-3 for approval. The primary 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:pjt (admin\feb~-20-0326) January 281 2002, 4:52pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8. f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 31, 2002 APPROVED DEPARTMENT HEA/~. C, A OR.E ClTY MANAGER /~ 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 comer of Pacheco and Wible Roads (#P01-0762) (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held a public hearing for this zone change on February 6, 2002. First reading of this ordinance was given at the conclusion of the hearing which included some changes to conditions recommended by the Planning Commission. Those changes to conditions are reflected in Exhibit"A' of the attached ordinance. At the request of Councilmember Salvaggio, this zone change was advertised for a public headng before the City Council on February 6, 2002. 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. January 31, 2002, 9:16am ADMINISTRATIVE REPORT Page 2 The 246 RV spaces are arranged along north-south ddve 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. 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 of a 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 in~,olving 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 ExxonMobile 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~2-20-0762) January 31, 2002, 9:16am ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 !AGENDA SECTION: Consent ITEM: 8..(]. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 23, 2002 APJ~RO)/,ED DE PARTMENT H EA~. ~. , CITY ATI'ORNE)~// CITY MANAGER SUBJECT: An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No.123-18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from Agriculture -20 acre minimum (A-20A) to One Family Dwelling (R-l) on 64.14 acres located north of Pacheco Road, east of Mountain Vista Drive (ZC #P01-0898) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 17, 2002, the Planning Commission adopted Resolution No. 4-02 recommending adoption of the ordinance approving Zone Change No. P01-0898. SmithTech, U. S. A., Inc., representing Mountain Vista Properties (property owner), has applied to change the zoning on 64.14 acres from Agriculture -20 acre minimum (A-20A) to One Family Dwelling (R-l). The land subject to the proposed zone change is being subdivided concurrentlywith Vesting Tentative Tract Map No. 6082 for the purpose of single family residential development. The site has not been in agricultural development for several years. The property owner applied for non- renewal of their Williamson Act contract on the site in Mamh of 1992. The non-renewal of the Williamson Act contract was effective on January 2, 2001. Currently, the site is surrounded on all four sides with proposed and existing urban residential development. The proposed zone change bdngs the property into consistency with the Low Density Residential General Plan designation. No one spoke in opposition to this proposal. 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. LP (admin\feb~2-20-0898) January 23, 2002, 1:39pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 7, 2002 APPROVED DEPARTMENT.EAD CITY ATTORNEY ~ CITY MANAGER /~ Resolution of Intention No. 1265 to order the vacation of the 5 foot wide pedestrian easement at the north end of Verdant Court in Tract No. 4110. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The north end of Verdant Court (Tract No. 4110) ends at a cul-de-sac at the south boundary of Castle Park. Tract No. 4110 provides for a 5 foot wide pedestrian easement allowing ingress and egress between the park and Verdant Court. The Sagepointe Patio Homeowners Association (for the tract) requests that the pedestrian access be removed by closing off the opening in the block wall along the park boundary. The Association notes that constant foot traffic from Castle Park to Verdant Court has resulted in vandalism and other illegal activities at properties on the north end of Verdant Court. They also have complaints of park visitors parking in the cul-de-sac for extended pedods of time. The Association claims that a metal gate at the wall opening with a chain and lock attached have been constantly damaged by vandalism. The City Parks Division has notified Public Works that they are in agreement with permanent closure of the pedestrian access opening. The City Fire, Police, Public Works, Economic Development and Development Services Departments have been notified and none have posted any objection to the closure. All lot owners within a 300 foot radius of the proposed closure have been mailed preliminary notice and none have posted any objection as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of January 17, 2002, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date of March 20, 202, for public hearing on the proposed vacation. dns Februa~' 7, 2002, 3:39pm G:\G ROUPDAT~ADM[N RPT~2002\Feb 20\ROI1265.wpd ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.'i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kurtz, Economic Development Director February4,2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution proposing Expansion No. 17 of the boundaries of the Southeast Metropolitan Bakersfield Enterprise Zone. (Ward 1) RECOMMENDATION: Staff recommends adoption of the resolution and authorization to submit expansion request to California Technology, Trade and Commerce Agency. BACKGROUND: New City Cleaners has requested the City expand the boundaries of the Enterprise Zone to benefit the company's plans for expansion at its existing site, 1021 8th Street. New City Cleaners is a local dry cleaning business that has been in business since 1910. The company anticipates hiring an additional 15 employees and purchasing approximately $250,000 of new equipment to expand its operations. The dry cleaning industry continues to grow more competitive. New City Cleaners needs to expand its facility to remain competitive with other companies. The economic boost from the hiring and equipment purchase tax credits will allow New City Cleaners to be competitive and keep its operations at this long time site, located in south-Central Bakersfield. In addition, the proposed expansion could assist an additional dozen other businesses that are along the route of the expansions. One in particular is Specialty Trim and Awning on California Avenue. That business recently remodeled and expanded its building The Enterprise Zone is operated jointly by the City of Bakersfield and the County of Kern. This would be the seventeenth expansion of the enterprise zone: the County has processed nine and the City, seven. Each expansion has been in response to requests from businesses seeking to use the program's benefits. This proposed expansion is in keeping with the procedures followed in the past. To expand the Enterprise Zone to include the building and adjacent expansion parcels where New City Cleaners operates from on 8th Street would require 10.75 acres. The City currently has 81.77 acres of expansion acreage available. If this expansion is approved, the city would have approximately 71.02 acres remaining for future enterprise zone expansions. DIk:S:~Admins\enterprise zone 5 year time expansion.wpd February 8, 2002, 8:15am ADMINISTRATIVE REPORT Page 2 City and County have a finite amount of potential expansion area and have chosen to expand sparingly, only when a business has demonstrated it could benefit from the zone program. New City Cleaners in this case has demonstrated such benefit. Should the Council approve this expansion request, the resolution will be forwarded to the California Technology, Trade and Commerce Agency for consideration and approval. DIk:S:~Admins\enterpdse zone 5 year time expansion.wpd February 8. 2002. 8:15am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8..4, TO.' FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 25, 2002 APPROVED DEPARTMENT HEA~;~_~ CITY MANAGER ~ Assessment District Software: 1. Resolution determining that certain Assessment District Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $33,000. 2. Agreement with NBS Government Finance Group (NBS/GFG) to purchase Assessment District Software. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the Agreement. BACKGROUND: The City of Bakersfield began working with assessment district bond financing in the early 1980's. In 1996, the City purchased a DOS based software package from the Government Finance Group (GFG) to assist with the accounting for parcel related information. Prior to 1996, assessment district administration was accomplished on the Prime computer system, which was replaced by the current HTE system. The City currently handles administration for over 18,650 assessment district parcels (contained within 21 assessment districts) on an annual basis. The DOS based software currently being used is "old technology" and is no longer fully supported by the vendor. The vendor r~ow offers a new %vindows" based software product, which is being used successfully by many cities within California, and to the best of our knowledge, is the only such software product that meets our current and future administrative needs. The Cost of the new software, including an allowance for staff training, is estimated at $33,000. A maintenance fee of $5,700 will be incurred annually, beginning 12 months after installation of the software. Since the software is solely used for administration of the assessment districts, the cost will be borne by the districts, allocated on a "per parcel" basis. The initial cost equates to about $1.77 per parcel in year 1 and about $0.31 per parcel for each year thereafter. S:~Kim G~A D MIN -adsoflwa re.w~d kJg ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director FebrUary 5, 2002 DEPARTMENT HEAD 2/~VED Amendment No. 1 to Resolution No. 004-02 Resolution Authorizing Access to Sales and Use Tax Records RECOMMENDATION: Staff recommends adoption of the amended Resolution BACKGROUND: On January 9, 2002, the City Council adopted Resolution No. 004-02 which, in accordance with Revenue and Taxation Code Section 7056, authorizes the Finance Director, City Treasurer and their assistants to receive and review sales and use tax "allocation information" from the State Board of Equalization. In order for the authorization to include "permit registration" (e.g. identification of the sales tax permit holder) provided by the Board, the State has requested the word "record" be used in place of "allocation information". This resolution accommodates the States request. Sales and use tax information provided by the State Board of Equalization is for the purpose of municipal revenue forecasting and verification. February 5, 2002, 12:36pm S:~KimG\Bi[IV~,dmin ~ SalesTax.wpd ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8ol. TO: FROM: DATE: SUBJECT: (2) (3) (4) Honorable Mayor and City Council APPROVED Raul M. R~as, Public Works Director January31,2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ Tract Maps/Improvement Agreements Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430 Phase J located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430 Phase K located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreement With Castle & Cooke California, Inc. for Tract 5827 Phase H located south of Brimhall Road and west of Verdugo Lane. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5827 Phase I located south of Brimhall Road and west of Verdugo Lane. (Ward 4) RECOMMENDATION: Staff recommends approval of the Agreement BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such Improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. INOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. PE: uts G:~GROUPDAT'~ADMINRPT~2002\Feb 20\MAPS&IMPAGR.wpd Januar~ 30, 2002.2:51pm ADMINIST TIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.rn. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 30, 2002 APPROVED DEPARTMENT HEAD~/,~~' CITY MANAGER ,/ ~c**.,' Agreement with California City Fire Department, an incorporated City government, to purchase two (2) used police sedans from the City for $1,500.00 each, for a total of $3,000.00. RECOMMENDATION: Staff recommends sale of used police sedans. BACKGROUND: The Finance Director has received a request from the California City Fire Department to buy two (2) surplus, used police sedans. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a governmental entity, or nonprofit organization, shall be subject to confirmation and approval by the City Council. The items are being sold "as is and with ail faults" to remove the City from any potential liability claims. P:~ADMIN~002 ADMIN\C02...0220A Sale of Used Police Sedans.wpd GJK:DW:Ijm January 30, 2002, 12:53pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 23, 2002 DEPARTMENT HE~~ CITY ATTORNEY~,,~ CITY MANAGER Agreement to Indemnify LAFCO for City Annexation No. 421, Proceeding 1314 uninhabited territory located along the north side of Brimhall Road near Verdugo. (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 2.6 acres of uninhabited land, which is developed with a single family residence and located along the north side of Brimhall Road near Verdugo. The property owner wishes to annex the site and receive city services. MO:pjt (admin\feb~2-20-421) January 23, 2002, 11:47am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8.o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 23, 2002 Ap. JaRO~e'~ DEPARTMENT HEA//~, CITY ATTORN~///~~ / CITY MANAGER Agreement to Indemnify LAFCO for City Annexation No. 423, uninhabited territory located southeast of Castro Lane and Talisman Drive. (Ward 7) 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 pdor 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 0,5 acres Of uninhabited land, which is developed with a single family residence and located southeast of Castro Lane and Talisman Drive. The property owner wishes to annex the site and receive city services. MO:pit (adrnin\feb~2-20-423) January 23, 2002, 1:37pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 23, 2002 APPROVEp DEPARTMENT HE.~D~~7~ CITY ATTORNEY ~/x~x'~ CITY MANAGER ~ Agreement to Indemnify LAFCO for City Annexation No. 424, uninhabited territory located along the south side of Hosking Road, west of Union Avenue. (Ward 7) 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 76.34 acres of uninhabited land, which is currently being developed with a high school and located along the south side of Hosking Road, west of Union Avenue. The property owner wishes to annex the site and receive city services. MO:pjt (admin\feb~-20-424) January 23, 2002, 1:27pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8.q. TO: Honorable Mayor and City Council APPROVED FROM: Development Services - Planning DATE: January 23, 2002 SUBJECT: DEPARTMENT HEAD_~ CITY A'I'I'ORNEY~'/~ ClTY MANAGER /~ Agreement to Indemnify LAFCO for City Annexation No. 427, Proceeding 1311 inhabited territory located southeast of Olive Drive and Allen Road. (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 21.39 acres of inhabited land. This site is currently being developed with a single family residential subdivision that was approved through the County process. The home builder, Centex Homes, organized an informal meeting with the homeowners to determine interest and explain benefits of annexation. Based on the meeting, Centex requested annexation of the subdivision at the southeast corner of Olive Drive and Allen Road. Since the development of the site is in flux, staff cannot determine the population nor dwelling unit estimate. LAFCO will conduct a protest hearing for the annexation to determine support for the annexation. MO:pit (adm in\feb2-20-427) February 13, 2002, 8:50am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.~-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager APPROVED DEPARTMENT HEAD ~ February 7, 2002 Agreements for Purchase of Surplus Property: 1. 2. CITY ATTORNEY j~_~ CITY MANAGER Agreement for Purchase of Surplus Property by Westminster Presbyterian Church. Agreement for Purchase of Surplus Property by Bakersfield Police Activity League ("PAL"). RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: The Convention Center has a cotton candy machine and a 112' x 60' basketball floor (both in poor condition) that are no longer needed. In addition, the items take up a great deal of storage space within the Convention Center. PAL and the Westminster Presbyterian Church have expressed an interest in these items. The Finance Director has determined that these items are properly classified as "surplus propert7~' under our Municipal Code. As such, staff has prepared the necessary standard contracts to sell these items to the above non-profit groups. VG:a[j S:\COUNClL~dmins\PurchaseSurplus Prop,PAL.Westmlnster,wpd FE20CACC ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks February 12, 2002 APPROVED DEPARTMENT HEAD ~ CITYATTORNEY CITY MANAGER /~ Agreement with DBL Entertainment, in an amount not to exceed $166,000, to book and produce acts for the Rockin' By The River summer concert series for 2002-2005. (Ward 5) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The city has a long history of concerts in public parks. Last summer, the Beale concert sedes celebrated its 60th year. The popularity of this type of event was validated by our citizen survey in which 88% of the residents surveyed indicated their support for concerts in public parks. Three years ago, the department started the Rockin' by the River series. In 1999, the Department of Recreation and Parks managed the event. In years 2000 and 2001, the Council approved agreements with DBL Entertainment for $31,000 and $39,550 respectively. The agreements with DBL enabled a promoter to bring known rock bands from the classic rock era to Bakersfield. Each year the event has grown and last year was attended by 36% more people than the prior year. Because of the success of the event, the council approved additional funding that was necessary to maintain the "level" of the acts that were being hired. This funding was necessary to cover the costs that were the result of market changes. One difficulty staff experiences each year is coordinating the timing of the city's budget process, having the council approve a contract with a promoter, and hiring the entertainers in sufficient time to secure acts that we want and be able to adequately promote the event. Ideally, a promoter would be able to start negotiations just after the last concert each year, if not sooner. To reduce the support from the General Fund and offset the costs of the event, the staff has been actively soliciting funding from private sources. Tentatively, we have commitments from two potential sponsors at $5,000 each. Also, the recently-approved agreement with the Pepsi Bottling Group included a guaranteed cash payment to the city each year of $15,000. This amount was due in part to including Pepsi in Rockin' by the River. February 12, 2002, 3:45pm P:~Admin Rpts\DBL Admin.wpd ADMINISTRATIVE REPORT The proposed four-year agreement will fix the costs to the city and enable us to overcome the issues associated with approving a new agreement each year. Two key points of the agreement are: provides for cancellation with ten days notice is subject to the budget being approved by the council each year The agreement includes the cost of the entertainment, promoters fee, and the promoters "backline" costs which are items such as the bands' travel, lodging, food, equipment, etc. The agreement "fixes" the entertainment cost to a maximum amount of $41,500 each year. These fees are in line with the "level" of act that has been hired since the council approved the "enhancement" of the event. Should the promoter successfully negotiate a lower fee or not "use" the entire budget, that money will remain with the city. February 12, 2002, 3:40pm P:~Admin Rpts\DBL Admin.wpd ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.t. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna b Kunz, Economic Development Director February 6, 2002 APPROVED DEPARTMENT HEAD~ CIIYATTORNEY~ CITY MANAGER Agreement with Bakersfield Senior Center for $495,000 in HOME Investment Partnership (HOME) - Community Housing Development Organization (CHDO) funds to construct an eighty unit Senior Housing Project located at R and 5th Street. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: The Bakersfield Senior Center (BSC), a qualified CHDO, is requesting $495,000 in HOME funds to assist in the construction of 80 (79 1-bedroom units and 1 2-bedroom unit) housing units for very Iow income seniors at R and 5'h street. The project is a joint venture between BSC and Retirement Housing Foundation (RHF) an experienced owner/developer of senior housing) funded with a HUD 202 Capital Advance Program totaling $7.0 million. The 202 Capital Advance Program is designed to pay the acquisition, design and construction costs for a senior housing project that is restricted to Iow income seniors aged 62 or older. There is no debt service requirement on the capital advance and it is forgiven after forty years. In addition, the project receives, project based Section 8 certificates to help assure an income stream to help offset the operating costs of the project. The BSC has requested financial assistance from the City HOME Investment Partnership Program to enhance and improve the overall project. The assistance requested by BSC will enlarge the original site approved by HUD, improve the circulation by eliminating traffic congestion caused by the elementary school across from the Senior Center and improve the security of the project by removing non-compatible land-use from the area. Several options were considered for the proposed senior housing project and presented to the Budget and Finance Committee on October 4, 2001. After careful consideration and the availability of CHDO funds from the past two years totaling $420,000 and $75,000, of FY 2002/03, the Budget and Finance Committee recommended a total commitment of $495,000, toward the project. DIk:S:~greement\BSC Agr Admin,wpd Februaw 8, 2002, 8:58arn ADMINISTRATIVE REPORT Paoe 2 The funds would be used for the acquisition, demolition, and relocation of seven multi-family units and three single-family units currently located at the project site. City staff will ensure that all HUD relocation guidelines will be followed during the acquisition and relocation process. Once the land acquisition, relocation, and demolition is completed, the assembled property will be transferred to BSC and contributed to the project in a tri-party escrow agreement with a newly established, single purpose, non-profit entity made (as required by HUD for the operation and ownership for all 202 projects) up of members from BSC and RHF. The acquisition, relocation, and demolition will be completed on or before November 1,2002 with the contract completed no later than November 1, 2003. DIk:S:~Agreement\BSC Agr Admin,wpd February 8, 2002, 8:53am ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director January 30, 2002 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED 1. Approval of Agreement with Riptide Aquatics for use of Jefferson Park swimming pool. (Ward 2.) RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: Riptide Aquatics competitive swim team desires to enter into an Agreement with the City of Bakersfield for use of the City's swimming pool at Jefferson Park. The swim team practices year-round and competes under the auspices of United States Swimming, Inc. The swim team is requesting use of the Jefferson Park swimming pool once a day. In general, Riptide Aquatics will utilize the facility during the evening hours. The Agreement is similar in nature to previous agreements the City Council has approved with other aquatic clubs utilizing City's swim facilities. According to the Master Fee Schedule, use of City swimming pools is charged at $80 for two (2) hours. This is reflective of the "pool-party" nature of such events. The cost also includes lifeguards. Staff proposes that the pool rental rate for the above teams be $28 per hour given the high quantity of usage and the fact they do not require lifeguards. In addition, $28 per hour is the same rate that the City charged other swim clubs and the Kern High School District for the rental of City pools during its high school swim season and prior to its execution of the current shared facility agreement with the City. Since the proposed $28 rate is lower than the listed Master Fee Schedule, the contract is 3resented to Council for approval. ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna b Kunz, Economic Development Director February 11, 2002 APPROVED DEPARTMENT HEA~ CITY ATTORNEY ~ CITY MANAGER Real Property Purchase: (WARD 2) 1. Agreement with Pearl C. Sanford, co-trustee of Sanford Living Trust to purchase real property located at 1275 P Street for $95,000 of Community Development Block Grant funds. 2. Agreement with Don and Jane Ambriz to purchase real property located at 1301 Q Street for $132,000 of Community Development Block Grant funds. RECOMMENDATION: 1. Staff recommends approval of the agreements subject to HUD environmental release. BACKGROUND: As part of Amendment No. 1 to the Community Development Block Grant Action Plan approved by City Council, April 28, 1998, program funds were designated for the Acquisition and Demolition (AD) Program for vacant substandard properties in Wards I and 2. The purpose of the AD program was for the City to purchase and demolish deteriorated industrial, commercial and residential properties in redevelopment project areas. To date, three other properties have been acquired as part of this program, they include 1013 13th (AA Pet Hotel/Groomery), 1025 13th Street (a vacant single family residence), and 1300 O Street (abandoned gas station/garage), With the demolition of the above sites the CDBG goal of the elimination of spot blight was achieved. The 1275 P Street property is a 6,584 square foot parcel developed with a 2,688 square foot office warehouse building formedy used for a commercial refrigeration business. According to the Environmental Site Assessment completed by the City's Environmental Services Department, May 2001, the business last occupying the "P" Street property handled hazardous materials (compressed gas cylinders). The property is currently vacant at this time. This property is being sold by Pearl C. Sanford, co-trustee of the Sanford Living Trust for $95,000. An appraisal was completed by Randall Franz, MAI, SPA, December 28, 2000 and estimated the value of the subject property at $94,000. The next property to be acquired as part of the action is 1301 Q Street. The property is a 7,000 square foot DIk:S:~Admins\property acq and demo,wpd February 11, 2002, 8:58am ADMINISTRATIVE REPORT Page 2 parcel developed with a 1,320 square foot wood frame office building built in 1985. An Environmental Site Assessment completed by the City's Environment Services Department found no environment concerns on this property. The property is currently occupied with Earthworm Studios, a picture framing/graphics business. The business/property owners are Don and Jane Ambriz and they have agreed to sell the property for $132,000. The purchase price for this site is a product of negotiations based on an appraisal by Kern Appraisal Company, completed December 28, 2000. On November 16, 2000, the Planning Commission found the acquisition of these properties are consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent upon such a finding. The required environmental review for these properties is anticipated to be completed March 8, 2002 or sooner, this recommended a_ction is subject to the completion of all HUD environmental documents. Once the City has taken title to the properties they will be demolished. Bids will be obtained to demolish the structures and eliminate blight in the Southeast Bakersfield Redevelopment Project Area. DIk:S:~Admins\property acq and demo.wpd February 11, 2002, 8:58am ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager February 7, 2002 DEPARTMENT HEAD ~D CITY ATTORNEY J~ CITY MANAGER Amendment No. 1 to Agreement No. 01-143 with Sturgeon & Son, Inc. to add $190,000 (for a total annual contract amount of $406,000) to provide imported material to complete rough grading on 32-Acre Park Site. RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: The annual contract with Sturgeon & Son, Incorporated was approved at the June 13, 2001 Council meeting. This Amendment will add additional funds to the contract that expires on June 13, 2002. This Earthwork and Hauling Annual Contract is nearly exhausted due to the increased needs of the City. Staff estimates that an additional amount not to exceed $190,000 is needed to complete earthwork for the new 32- acre park site south of the river. The earthwork is the excavation, transport and placement of 100,000 cubic yards of material from the 40-acre parcel to the 32-acre park. The excavated material will result in the construction of a 10-acre recharge lake and create the proper elevation for the new recharge ponds and soccer fields on the 40-acre parcel north of the river. Since other projects are currently under construction near this area and the river is scheduled to remain dry, we have an opportunity to begin this project immediately and complete it by early spring of this year. Funds for the project are currently budgeted in the Water Resources Prop. 13 Capital Improvement budget. SR S:~2002ADMIN REPORTS\FE20W'r2.cc February 13, 2002, 11:01 AM ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8ox. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director Februa[y 4, 2002 APPROVED DEPARTMENT HEAD ~-~ CITY ATTO R N EY......./<~'~'z''~ CITY MANAGER Amendment No. 1 to Agreement No. 01-045 with loop Electric to add $20,000 (for a total contract amount of $45,000) for vehicle loop cutting services at various intersections within the city. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: At the February 14, 2001 Council Meeting, the annual contract for vehicle loop cutting services at various intersections within the City was awarded to Loop Electric for $25,000. At this time, the annual contract amount has been exhausted due to the increase in repair work generated by street repair work this year. Currently, outstanding unpaid bills to the vendor total approximately $9,000. Also, staff is estimating that an additional $11,000 is needed for future vehicle loop cutting Services. Staff recommends increasing the annual contract amount by $20,000 to cover the increase in vehicle loop cutting services required. No additional appropriation is required. This administrative procedure is necessary to cover the annual contract until the item is sent Out to bid. PE: urS- G:\GROUPDAT~,DMINRPT~2.002U=eb 20~oop elect inc~e-revised,wpd ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8..y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 13, 2002 APPROVED DEPARTMENT HEAD ~j ClT~ATTORNEY{~_~~'~ CITY MANAGER ]~/ Demolitionoflmprovamentsat333 Union Avenue(Ward 1) 1. Accept bid to award contract to Abateco in the amount of $177,500.00 for the Demolition of improvements at 333 Union Avenue. 2. Appropriate $177,500 Southeast Bakersfield Redevelopment Area available current revenue to the Redevelopment Agency Operating Budget. 3. Agreement between Bakersfield Redevelopment Agency and the City of Bakersfield to reimburse for the demolition of 333 Union Avenue from the Southeast Bakersfield Capital Improvement budget totaling $177,500. RECOMMENDATION: 1. Staff recommends acceptance of Iow bid and award of contract 2. Staff recommends approval of the appropriation. 3. Staff recommends approval of the Agreement between the City and the Agency. BACKGROUND: As part of the City's efforts to remove blight from the Union Avenue corridor, Economic and Community Development staff has been working with the Building Department to remove vacant substandard buildings that the owners have long abandoned. To date, the Bakersfield Inn restaurant building and the Turner Inn have been demolished and can now be developed to renew economic development in the area. In addition, the Building Department had been working with the owners of the Chaparral Motor Inn located at 333 Union Avenue to either repair or to demolish the structures located on site. William Lee, a businessman/investor from San Jose, purchased the 5.2 acre Chaparral site in February 2001 in hopes of rehabilitating the 116 room motel and restaurant. However, much to his surprise a demolition order had been placed on the property and not disclosed during the acquisition of the site. Working with the Building department, Mr. Lee agreed to demolish the most dilapidated building on the site with his own funds to reduce the potential safety hazard. jcu February 13, 2002. 8:04am S:~Admins~AdminRepo~_333U nion.wpd ADMINISTRATIVE REPORT Page 2 The demolition of the remain!ng structures was delayed pending the availability of funds to cover the additional cost. However, funds from the Southeast Redevelopment Project Area operating fund totaling $177,500 are now identified to complete the demolition. Mr. Lee has agreed to reimburse the City for the cost of clearing the site of the substandard buildings. A reimbursementJloan agreement with Mr. Lee to remove the building at 333 Union Avenue was approved at the February 11, 2002 Bakersfield Redevelopment Agency meeting. This agreement would allow the demolition cost for the Union Avenue site to be forgiven, if Mr. Lee develops the site with a viable project. Mr. Lee has submitted an application to the City's Economic and Community Development Department, to develop the 5.2 acre site into a 38 unit affordable housing project (Phase I) and a 35,000 square foot commercial space (Phase II). The commercial site would consist of a food court and various retail stores. The housing compor~ent of Mr. Lee's project will consist of a 38 unit residential apartment complex which will include 26-three bedroom units and 12 two bedroom units. The anticipated construction cost of Phase I is approximately $3.2 million. Mr. Lee will be requesting financial assistance for the housing phase of development at a later date and that request will be presented for separate City Council action. In order for Public Works to contract for demolition services on the Chaparral structures, an agreement between the Bakersfield Redevelopment Agency, the funding source, and the City of Bakersfield (Public Works) must be executed. Recently, the Southeast Bakersfield Revitalization Study Final Report was completed by Applied Development Economics as a guide for future development in the Southeast Bakersfield Project Area. The Report recommended that the City continue to work with the property owners of the Chaparral Motor Inn to identify possible residential and commercial uses for the property. This building is being demolished to allow for new development in the area. After the demolition and removal of the existing improvements, the City of Bakersfield Economic and Community Development Department will assist the property owner in redeveloping this parcel of land into newer, more attractive businesses. The demolition project is being funded by Southeast Redevelopment Project Area Tax Increment funds. Six (6) acceptable bids were received on Wednesday, November 28, 2001, as listed below: Abateco 850 Petrol Road Bakersfield, CA 93308 (County) Kemen & Son Engineering 178 Valley View Drive Paradise City, CA 95969 in the amount of in the amount of $177,500.00 $231,300.00 Kroeker, Inc. 4627 S. Chestnut Fresno, CA 93725 Valley Tree and Construction 4233 Quinn Road Bakersfield, CA 93386 (City) in the amount of in the amount of $241,700.00 $265,000.00 jcu February 13, 2002, 8:04am S:~Admins~AdminReport_333Union.wpd ADMINISTRATIVE REPORT Page 3 Superior Construction 2730 Unicom Road Bakersfield, CA 93308 (City) Schweitzer Construction 6217 Euclid Avenue Bakersfield CA 93307 (County) in the amount of in the amount of $341,752.00 $398,250.00 jcu February 13, 2002, 8:04am S:~Admins~AdminRepo~_333Union.wpd ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.z. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED M. Rojas, Public Works Director DEPARTMENT HEAD /~//' , Raul January 23, 2002 CITY ATTORNEY ~?''~ CITY MANAGER ~ Accept bid to award contract to Kern Valley Construction in the amount of $116,352 for the construction of a metal building at 130 Sumner Street for the City of Bakersfield's Recreation and Parks Division (Ward 2). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project is the construction of a 50' x 100' x 16' metal building at 130 Sumner Street to replace the Recreation and Parks Department's former building that was demolished to provide for future development. The new building site is on a triangular piece of City owned property located on Sumner Street, bounded by Union Avenue to the west, Sacramento Street to the east and the Southern Pacific Railroad to the north. The building will be used by the Recreation and Parks Department to store miscellaneous maintenance/playground equipment and the mobile stage. Two (2) acceptable bids were received on Wednesday, January 23, 2002, as listed below: Kern Valley Construction P.O. Box 159 Arvin, CA 93203 in the amount of $116,352.00 Wallace & Smith 3325 Lanco Drive Bakersfield, CA 93309 (City) in the amount of $117,035.00 bw Janua~ 24, 2002, 12:19pm G:\GROUPDA'ISADMINRPT~2.002\Feb 20~AdminRpt Sumner Metal Bldg.wpd ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 6, 2002 APPROVED CITY ATFORNEY CITY MANAGER SUBJECT: Accept bid to award contract to S & K Theatrical Draperies, Incorporated $88,157.03, to furnish and install stage curtains (Grand Drape) at the Convention Center. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to bid were sent to six (6) vendors. Five (5) bids were received, as follows: S & K Theatrical Draperies, Incorporated 7313 Varna Avenue North Hollywood, CA 91605 in the amount of $88,157.03 LVH Entertainment Systems 300 Irving Drive Oxnard, CA 93030 in the amount of $88,652.35 Innovative Concert Lighting 200 Kentucky Street Bakersfield, CA 93305 (City) in the amount of $91,266.56 Black Sheep Enterprises 15745 Stagg Street Van Nuys, CA 91406 in the amount of $93,368.20 Tru Roll, Incorporated 622 Sonora Avenue Glendale, CA 91201 in the amount of $106,659.52 P:'v~DMIN~2002 ADMIN~C02_0220D Stage Curtains @ Convention Center.wpd GJK:DW:Ijm Februaw 6, 2002, 2:02pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 30, 2002 APPROVED DEPARTMENT HEAD CITY MANAGER Accept bid from Flashco, Incorporated $34,174.75, for two (2) trailer mounted message boards for the Public Works Department. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to four (4) vendors. One (1) bid was received for two trailer mounted portable, battery and solar powered, message boards with 48" x 96" L.E.D. display. Staff recommends award as follows: Flashco, Incorporated 2910 Gateway Avenue Bakersfield, CA 93307 (City) in the amount of $34,174.75 P:~ADMIN~2002 ADMIN\C02_0220B Trailer Mounted Message Boards.wpd GJK:DW:Ijm January 30, 2002, 12:58pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.cco TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 6, 2002 APPROVED DEPARTMENT HEAD~~ CITY ATtORNeY CITY MANAGER SUBJECT: Accept bid from Jim Burke Ford $32,665.48, for two (2) mid-size pickups with extended cabs for Public Works department. (Additional) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: follows: Invitations to bid were sent to eleven (11) vendors. Two (2) bids were received, as Jim Burke Ford 2001 Oak Street Bakersfield, CA 93303 (City) in the amount of $32,665.48 Lasher Auto Center 5800 Florin Road Sacramento, CA 95823 in the amount of $42,054.88 P:~ADMIN\2002 ADMIN\C02_0220C MidSize Pickup Trucks.wpd GJK:DW:Ijrn February 6, 2002, 1:33pm ADMINISTRATIVE REPORT MEETING DATE: October 24, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.dd. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation & Parks Director October 12, 2001 Ap_~PROVED DEPARTMENT HEAD ~///~'- CITY ATTORNEY CITY MANAGER Appropriate $126,000 Park Improvement Fund Balance to the Non-Departmental Operating Budget to Reimburse the Developer of River Oaks Ranch Park for Development of the Park. Ward 4 Couch, RECOMMENDATION: Staff recommends authorizing the appropriation. BACKGROUND: On January 17, 2001, th~ Council entered into an agreement, (#01-013), with Coleman Holmes Inc., to develop the 10 acre River Oaks Ranch Park. The agreement requires the City to reimburse Coleman Homes inc., a not to exceed total of $518,000 for the entire 3 phase project. The agreement specifies that the reimbursement is made from development fees collected from specific tracts within Park Improvement Zone #1 that currently total $126,000. The first reimbursement is due upon recordation of a Notice of Completion for the first phase of the park. A Notice of Completion #201134350 recorded on September 13, 2001, for the first phase of the park. Therefore, staff is requesting $126,000 be authorized to reimburse Coleman Homes Inc., the appropriate amount of development fees collected from the specific tracts within Park Improvement Zone #1. kt February 12, 2002, 3:36pm P:\riveroakadrnin.wpd .... =, 'ADMINISTRATIVE REPORT rMEETING DATE: February 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.ee. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 12, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY~...~"-?L~ CITY MANAGER ,,/~j Appropriate $76,000 Southeast Bakersfield Project Area Tax Increment to the Bakersfield Redevelopment Agency Operating Budget for Consultant Agreement for the Southeast Bakersfield Community Strategic Plan. (WARD 1) RECOMMENDATION: Staff recommends appropriation. BACKGROUND: The Bakersfield Redevelopment Agency approved an agreement with Keyser Marston Associates, Inc. to prepare a Community Strategic Plan for southeast Bakersfield neighborhood for $76,000. In ;June of 2001, staff was directed to apply for Empowerment Zone (EZ) designations and funding from HUD. A jurisdiction must have a strategic plan and governance board in place to be able to compete for this designation and the resultant tax credits. With this directive in mind, staff issued a Request for Proposal (RFP) for consultants to prepare the community plan, define the boundaries of the empowerment zone (which will include the Southeast Bakersfield Project Area), prepare an application for a neighborhood revitalization strategic area, and help to assemble the governance board for the strategic plan. Two consultants submitted proposals. A panel of community members and stakeholders was assembled to help with the selection process. The eight member panel convened on January 23, 2002, to interview Steve Wahlstrom, of Applied Development Economics and Paul Marra, of Keyser Marston Associates, Inc. The panel chose Keyser Marston Associates, Inc. (KMA), as the consultant to prepare the strategic plan and other work that is necessary for the Empowerment Zone and Neighborhood Revitalization Strategic Area applications. KMA's fee for their service is $76,000. The initial plan will be completed 120 days after approval of this agreement. After HUD announces its next round of EZ funding, KMA will update the plan for submission in the application. DIk:S:~.Admins\Keyser Marslon appropriation.wpd February 13, 2002, 9:58am ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent ITEM: 8.ff. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APP_.~_ROVED Alan Tandy, City Manager DEPARTMENT HEAD , ,/~/. February 14, 2002 CITY ATTORNEy CITY MANAGER r/~__/ Transfer of $10,000 from the Council Contingency to the Non Departmental Operating Budget within the General Fund for a retreat and a community forum conducted by Phillip Graham, Ph.D, Research Health Analyst, Research Triangle Institute of Durham, North Carolina. RECOMMENDATION: Approve the retreat and community forum, direct staff to proceed and transfer appropriations. BACKGROUND: The Ad Hoc Committee on Crime, Weapons, Gang Violence and Community Relations has been meeting for the last two years to develop long term strategies for reducing gang violence to make every neighborhood in the City of Bakersfield a safer place to live. It is the Committee's desire to bring a prominent speaker to Bakersfield to conduct a retreat for the purpose of preparing a community action plan with the Ad Hoc Committee and attend a forum/luncheon with the faith community, educators, business owners, parents and the community. The Committee -is in the process of formulating a comprehensive action plan that can be utilized as a model to be replicated throughout.the City of Bakersfield. The Committee recognizes that reducing gang violence requires a consistent long term effort and this step is one of many that will be a part of a long term plan. This request is necessary to cover the cost of hosting the retreat, forum/luncheon and to provide a modest honorarium plus expenses for Phillip Graham, Ph.D. the retreat is scheduled for Friday, March 15, 2002 from 9:00 a.m. until 3:00 p.m. at the Rio Bravo Resort. Committee Chair, Irma Carson and Committee member Mike Maggard attended a workshop facilitated by Mr. Graham two years ago at the League of California Cities annual conference. Staff was directed to contact Phillip Graham to determine his availability to assist the City of Bakersfield because he is extremely 'knowledgeable in the area of children and violence and the preventative role for cities. Mr. Graham has conducted numerous research projects, lectures extensively, facilitates panel discussions and is currently working on projects in Oregon and Louisiana. February 14, 2002, 9:54am ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.gg. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Co~h'~il APPROVED Pamela McCarthy, City CI rke[,[.~,_~/ '-'~/ DEPARTMENT HEAD February 7, 2002 CITY AI'rORNEY / //.,/-~ / CITY MANAGER ~ ! / Authorization to Convert Two Temporary Clerk Typist I Positions to One Regular FulI-T~ime Clerk Typist I Position (C-it.y Cle~'k Div'ision) RECOMMENDATION: Staff recommends approval. BACKGROUND: For over five years, the City Clerk's office has utilized temporary employees to balance workflow needs. The City Manager's office has also utilized temporary clerical employees on a recurring basis for many years. In looking to provide continuity, reduce the need for repeated training, and increase productivity, staff proposes to convert the existing two half-time temporary positions to one full-time position. This would be a shared position between the City Clerk Division and the City Manager's office. Due to similar operations, including interaction with the Council and the public, this shared full-time position would be beneficial to both the City Clerk and City Manager's office. The full-time position would be reflected in the Clerk's office budget, with 50% of the cost shared in the City Manager's budget. Because the proposed conversion is cost neutral and will shift temporary salaries to full-time salaries on a dollar-for- dollar basis, there is no impact on the departmental budgets. This proposal would be consistent with prior action taken to convert temporary positions to full-time employees which resulted in no additional cost to the City. This type of shared employee arrangement has worked successfully in the past, and staff is confident that it will be advantageous to both offices. FebruaPJ 7, 2002, 4:45pm P:~Admin Reports&Related~Adm-2002~obConversion-020602.wpd ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. hh. TO: Honorable Mayor and City Council _,~// APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: January 25, 2002 CITY ATTORNEY CITY MANAGER /~ SUBJECT: Revised Job Specification: Wastewater Treatment Plant Operator I RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: At the request of the Public Works Director, the job specification for Wastewater Treatment Plant Operator I was reviewed and updated in light of the recent information received from the State Water Resources Control Board (SWRCB). On December 27, 2001, the SWRCB sent the Public Works Director a letter confirming that a Grade I operator can be a lone operator at either of the City's wastewater treatment plants. The salary for this classification will remain the same. CCAPE concurs ~ith the proposed revision. SUMMARY The revised job specification will be presented to the Miscellaneous Civil Service Board at their February 19, 2002 meeting. ADMINISTRATIVE !MEETING DATE: February 20,2002 REPORT AGENDA SECTION: Consent Calendar ITEM: 8.i'i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January31,2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Acceptance of 2000-01 Transportation Development Act Funds Financial Statements. RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2001. The financial statement summarizes fiscal activity for the Streets and Roads Fund, the Bikeway and Pedestrian Fund, and the Public Transit Fund. This audit is the first for the Public Transit Fund which accounts for the Bakersfield Amtrak Stations's operating expenses. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Randall Reyes Paulden & McCown has issued an unqualified opinion. No other reports were issued by the accounting firm in regards to the above audit reports. ADMI.NISTRATIVE REPORT MEETING DATE: February 20, 2002 ITEM: 8.,~,~. AGENDA SECTION: Consent Ca 1 endar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 25, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER y ,/'~_ ~ Request by Councilmember David CoUch to Develop a Long Term Financial Plan For the City. RECOMMENDATION: Councilmember Couch recommends referral to the Budget and Finance Committee. BACKGROUND: Councilmember David Couch requested that staff place the issue of development of a long term financial plan for the City on the City Council agenda for referral to the Budget and Finance Committee for their review and recommendation. S:~JOHN',Long term financial plan admin Feb 20 - 2002.wpd February 8, 2002, 12:01PM ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. kk. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney February 13, 2002 Appeal of the Revocation of Taxi Permit. APPROVED DEPARTMENT HEAD_.~~ ClTY ATFORNEY_~ CITY MANAGER .,~ RECOMMENDATION: Staffrecommendsseffinga Closed SessionhearingforAprill0,2002. BACKGROUND: Mr. Ernst C. Dymond wishes to appeal the revocation of his taxi permit. Such appeals are normally held in Closed Session due to the privacy issues surrounding the permit holder. City staff recommends that the hearing be set for April 10, 2002 and that notification of said hearing be sent to the appellant upon approval of the headng date. BJT~ADD:Isc S:\COUNCIL~Admins\Dymond.AppealRevTaxiPermit.wpd February 13, 2002 (3:04pm) ADMINISTRATIVE REPORT IMEETING DATE: February 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.11. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney APPROVED DEPARTMENT HEAD ~ February 15, 2002. CITY ATTORNEY CITY MANAGER ,~_,~ Contract with Brown Armstrong, Certified Public Accountants Alien Road Sewer Project (Scales Construction) (t~ard 4) RECOMMENDATION: Staff recommends approval of contract. BACKGROUND: The City of Bakersfield, through its Settlement Agreement on the Allen Road Sewer Project ("Scales Construction"), agreed to hire a certified public accounting firm to audit the Allen Road Sewer Project and to recommend payments thereon to the claimants from the remaining construction accounts. The City has issued a Request for Proposals and only one proposal was received from Brown Armstrong to do this accounting work. Brown Armstrong has estimated a total cost of $41,382.00 for this project; however, staff is recommending the contract be written for a not-to-exceed amount of $42,000.00 to cover minor contingencies which may arise during the course of the audit. Once the audit is completed the City of Bakersfield will simply follow the instructions of the auditors concerning which claimants should be paid and the amounts to be paid to each claimant. ADD:Isc S:\COUNClL~Adrnins~BrownArmst rongContract.wpd February 20, 2002 ADMINISTRATIVE REPORT JMEETING DATE: February 20, 2002 AGENDA SECTION: Hearings ITEM: 9.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director February 6, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER~ Hageman Road Planned Major Thoroughfare Area. (Ward 4) Hearing as required by Resolution of Intention No. 1263 regarding the Hageman Road Planned Major Thoroughfare Area. Resolution of the City of Bakersfield Adopting the Hageman Road Planned Major Thoroughfare Area and Making Findings Thereto. 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. (Second reading) RECOMMENDATION: Staff recommends overriding protests, adopting the Resolution and the Ordinance. BACKGROUND: The City is proposing to construct, as a part of the adopted alternate 15 of the Bakersfield System Study, the Hageman Road Flyover connecting Hageman Road from Landco Drive to State Route 204. Construction of Hageman Road west of.Landco Drive to Mohawk Street will be the responsibility of the adjacent property owners. Kyle Carter, owner of the property on the north side of Hageman, is proposing to construct both the north and south halves 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 ora 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. 1. The hearing is in regard to the adoption of the Hageman Road Planned Major Thoroughfare Area. 2. The Resolution Adopts the Hageman Road Planned Major Thoroughfare Area. Note: The estimate and rate schedule have been reduced since the Resolution of Intention. 3. The Ordinance adds the Hageman Road Planned Major Thoroughfare Area to Section 16.32 060 of the Bakersfield Municipal Code. Lvd S:\PROJECTS\Bridge District~Admin\HagemanAdopt.wpd Februa~ 14. 2002. 1:46PM ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Hearings ITEM: 9.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 23, 2002 APPROVED DE PARTMENT H ED~.~ CITY ATTORNE/ CITY MANAGER Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan. Developers pay a $1,240 per acre fee at grading plan approval stage to compensate for direct and indirect impact on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change in the fee is recommended at this time. No fee increase is proposed because we have been able to acquire land at very good prices, we have not yet purchased much specialty preserve property which is more expensive and urban conversion of natural lands has been minimal. As a result, increases in State charges can be absorbed while holding down the fee. The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August 25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in August of 1994. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means whereby individuals and the development community in the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts. The program received widespread support from the development community and environmental groups. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is composed of representatives from the City of Bakersfield and Kern County, and includes advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member. January 23, 2002, 3:27pm ADMINISTRATIVE REPORT P, e 2 The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section 66002, the capital improvement plan must be updated annually by the City and County. This report provides the basis for the annual update. Staff has determined that the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (ClP) involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. So far over 8,000 acres of endangered species habitat land have been credited to implementation of the Habitat Conservation Plan as required by our State and Federal permits. This places us ahead of the "take" as required by Federal and State law and our agreement. The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at $1,240 per gross acre since the inception of the MBHCP. Non-specialty preserve acquisitions that have been completed are averaging about $290 per acre for the cost of the land. When the cost of very expensive (average $2,974/acre) specialty preserve (Bakersfield cactus) land is factored in, it raised the average cost to approximately $473 per acre. The program has acquired 317 acres of Specialty preserves. A portion of the $1,240 fee is required by wildlife agencies for fencing, enhancement and management of preserve areas. The program is self-supporting and requires no support funds from the city or county. The $1,240 per acre fee has allowed the program to operate adequately and staff does not propose to raise the HMF to compensate for those parts of the HMF that are tied to the automatic raises by the State. The Capital Improvement Plan has operated successfully in meeting the program's obligations under the terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Kern County Board of Supervisors conducted a public hearing on this item on December 12, 2000, and approved a similar resolution. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP. JM (admin\feb~2-20-hcpcip) January 23. 2002, 3:27pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: Reports ITEM: ].0.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager February 6, 2002 DEPARTMENT HEAD CITY A'n'ORNEY CITY MANAGER APPROVED Community Services Committee Reports: Majority Report regarding placing of patriotJc documents in City Hall, establishment of a Liberty Garden, and placement of "In God We Trust" on City Hall 2. Minority Report regarding placement of "In God We Trust" on City Hall. RECOMMENDATION: The Community Services Committee recommends: 1. Accept Majority Report and implement recommendation. 2. Accept Minority Report, receive public testimony, and City Council's determination BACKGROUND: The Community Services Committee met on January 25, 2002, and voted unanimously to forward a recommendation to the City Council that copies of patriotic documents be displayed in a prominent place in City Hall. Everyone at the meeting agreed this would be a good way to share the heritage of our Country with children and all those who visit City Hall. The documents approved by the Committee may include but are not limited to: The Declaration of Independence, The Constitution of the United States and The Bill of Rights. Although in was not included in the motion by the Committee, Chairperson Jacquie Sullivan would like to request that the Council consider including The Pledge of Allegiance with the documents to be displayed at City Hall. She also asks for flexibility in developing an overall plan when this matter is referred back to the Committee. The Committee also voted unanimously to recommend to the City Council the establishment of a Liberty Garden as a way to honor the memory of those who died in the attacks on September 11th. The Liberty Garden concept is an initiative of the Keep America Beautiful Organization, with which our Keep Bakersfield Beautiful Committee is already affiliated. Committee Member Benham had been contacted with a request to establish a Liberty Garden this coming spring as a beautification component of the 2002 Great American February 13, 2002, 3:30pm ADMINISTRATI'VE REPORT citizens of all ages, races and creeds together in our shared sorrow and commitment. Some communities may seek to dedicate a park for this purpose, plant a grove of trees, landscape a plaza, create a perennial garden or plant a single tree. The Keep Bakersfield Beautiful Organization would like to locate the Liberty Garden at City Hall at the corner of Truxtun and Chester directly west of the .G.ET bus-bench. The area is approximately 12' x 24' located adjacent to the sidewalk. The vision of-this garden area is a walkway path, a small memorial plaque, red, white and blue flowers wi~h several benches. The Keep American Beautiful Organization encourages the use of 'red, white and blue flowers, with trees, benches, bird baths, or -fountains. It would have a commemorative "Liberty Garden".plaque, which would be a unifying element in all of the Liberty Gardens established across the Country. The hope is the Liberty Garden oould be completed and be a part of a formal dedication around the Country the weekend before Memorial Day-this year. The~Keep Bakersfield Beautiful Organization and Start Ford, Director of Recreation and Parks are formulating ideas and plan{ for a Liberty Garden. A memorandum regarding the Liberty Garden from Stan Ford, Director of Recreation and Parks is included with this report. The Committee did not agree on a recommendation to the City Council to place the national motto, 'In God We Trust," on City Hall. Committee Chair Sullivan expressed appreciation and respect for all the views in opposition; however, she explained she had heard on the news over a year ago that.there were cities in our Cou~ry-that did have the national motto, "in God We Trust," posted and thought it was a good idea for Bakersfield. The governor of Michigan has signed a ~ew law that strongly encourages state and local, government officials to display "in God We Trust" in all public buildings in their state. She supported placing fin God We Trust" on City Hall as it would be a step forward .in returning to the heritage she believes our Country was founded on. Committee Member Carson expressed respect for those with views in opposition; however, it was .her belief that our Country was founded on the basis of a belief in God. In the history she comes from, without that belief in God, they would not have survived. She supported placing "In Ged We Trust" on City Hall, if it is appropriately displayed. Committee Member Benham, after listening to five religious leaders in attendance at the Community Services Committee meeting and other community members contacting her expressing opposition to placing "In God We Trust" on City Hall, dissents from the majority opinion. As we proceed with ways to honor our Country and its history, she believes that it is important that our expressions of patriotism be inclusive of all Americans and that we do nothing to abridge the spirit of religious freedom, which is one of the most cherished principles embodied in our Constitution, which provides for the separation of church and state. She believes it would be a mistake and does not support placing "In God We Trust" on City Hall, as it would not be a unifying message for our community. After thoughtful consideration, the Committee was divided on the issue of placing "In God We Trust" on City Hall and, therefore, recommended sending a Majority and a Minority Report to the City Council. The Majority Report recommends to the City Council that we move forward with placing "in God We Trust" on City Hall, and the Minority Report is in opposition to placement of "In God We Trust" on City Hail. There will time set aside for public testimony regarding the issue of whether or not to place "In God We Trust" on City Hall. S:~AC~2002CSCommittee~s02feb20patdotic signs.wpd Februa~ 14, 2002, 11:37am ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 IAGENDA SECTION: ~ ,Reports ITEM: 10.b. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager February 7, 2002 APPROVED DEPARTMENTHEAD CITY ATTORNEY~~- CITY MANAGER /~' SUBJECT: Resolution Amending and Reaffirming City's Annexation Mission Statement and Establishing A Pre-application Process for Annexations RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the resolution. BACKGROUND: The Legislative and Litigation Committee has been for several months reviewing issues relating to the City's annexation procedures, including the establishment of an Annexation Pre-application Process which would direct City staff in its initial procedures prior to the involvement of the Local Agency Formation Commission (LAFCo). The resolution amends and reaffirms the City's Annexation Mission Statement and adopts a process to guide the Council and City staff in the City's annexation efforts. The Committee feels the proposed Resolution reflects the desire to assure citizens that to the extent annexation information is provided by the City it occurs in an honorable, courteous, information and honest manner. The Committee unanimously supports the proposed resolution and recommends the Council adopt the resolution, implementing its recommendations. ( P:U_&L~,D M02-02-20- I } FebruaPj 7, 2002, 3:32pm ADMINISTRATIVE REPORT MEETING DATE: February 20, 2002 AGENDA SECTION: New Business ITEM: 12.a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: February 8, 2002 CITY A'n'ORNEY ~ CITY MANAGER ~ SUBJECT: City Council Goal Setting Session RECOMMENDATION: Council's determination BACKGROUND: The City Council has expressed an interest in having their annual goal-setting session. Some of the Council prefer to incorporate goal-setting into a City Council workshop. Staff has time available during the March 6~h, March 20t~, and April 10th workshops. If the Council prefers a weekend meeting in the coming weeks, staff will reserve a date and obtain a suitable location for the meeting.