HomeMy WebLinkAbout03/20/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MARCH 20, 2002
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
(45 min)
WORKSHOP
a. City Council Goal Setting.
(Council will recess to the City Manager's Conference Room to discuss this item.)
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9.;
Joseph Wyatt, et al. vs. City of Bakersfield, et al.;
Kern County Superior Court Case No. 244305-SPC
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9.;
Gary Duane Johnson vs. Damacio Diaz, et al.;
United States District Court Case No. CV-F-01-6097 REC L JO
Conference with Real Property Negotiators pursuant to Government Code Section
54956.8; Property: Northeast corner of Ming Avenue and Highway 99 on/off ramp
(APN 148-270-29); Agency Negotiators: Finance Director Gregory Klimko and Real
Property Manager Donald Anderson; Negotiating Parties: Clayn Smith-Ming Retail
Plaza, LLC; Under Negotiation: Price and terms of payment for pumhase.
REGULAR
1.
2.
3.
MEETING
INVOCATION by Rev. Donald Vereen, Lighthouse Christian Ministries
PLEDGE OF ALLEGIANCE by Schante Lamb, Class President, Fruitvale Jr. High School.
ROLL CALL
4. CLOSED SESSION ACTION
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Hal Wygant, member of the Golden
Empire Hot Jazz Society, proclaiming April, 2002 as "Jazz Appreciation Month".
b. Presentation by Mayor Hall of Recognition Certificates to the Centennial High
School team members of the %'Ye the People...The Citizen and the Constitution"
competition.
PUBLIC STATEMENTS
APPOINTMENTS
a. One appointment to the Board of Building Appeals due to the resignation of
Kenneth Shelton.
Staff recommends Council determination.
Four appointments to the Historic Preservation Commission due to the resignation
of Thomas Curran, term expires March 30, 2005, and expiration of terms of Stephen
Bass, Scott Hudlow and Anthony Ansolabehere, terms expiring March 30, 2002.
Staff recommends Council determination.
(Ward 4)
(Ward 4)
CONSENT CALENDAR
Minutes:
a. March 6, 2002 Council Meeting.
Payments:
Payments from February 22, to March 7, 2002 in the amount of $7,077,687.15; and
Self Insurance payments from February 22, to March 7, 2002 in the amount of
$148,519.47.
Ordinances:
First reading of an Ordinance adding Chapter 1.34 and amending Sections
8.80.110B, 8.80.140B, 8.80.150A and 8.80.160 of the Bakersfield Municipal Code
relating to administrative appeals.
Resolutions:
Resolution of intention No. 1266 adding territory, Area 2-25 (Old River, Pacheco
NW) to the Consolidated Maintenance District and preliminarily adopting, confirming
and approving Public Works Director's Report.
Resolution of Intention No. 1267 adding territory, Area 1-32 (Hageman, Knudsen
North) to the Consolidated Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's Report.
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(Wards 2,4
(Ward 4)
(Ward 4)
CONSENT CALENDAR continued
f. Resolution designating the Finance Director or his designee as the party
responsible for annually preparing the tax roll of assessment district installment
obligations and for the furnishing of a Notice of Assessment.
g. Resolution of application proposing proceedings for annexation of uninhabited
territory to the City of Bakersfield, property identified as Annexation No. 433, located
in two separate areas (1) at the northeast corner of Reina Road and Alien Road;
and (2) along the south side of Quincy Street between Robinson Street and Miller
Street.
Resolution establishing new tow truck rates.
Resolution determining that Police Mobile Data Computer Systems cannot be
obtained through usual bidding procedures due to the need to integrate into an
existing system and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $1,596,000.
Appropriate $700,000 Equipment Management and $42,900 Supplemental
Law Enforcement Services Fund (SLESF) balances to the Capital
Improvement budgets in the respective funds for purchase of Mobile Data
Computer Systems, Phase I.
Assessment District No. 01-2 (Seven Oaks West II/River Walk/Southern Oaks):
Assessment District
Vista/VVestlake):
Resolution authorizing Issuance of Bonds.
Resolution approving Form and Substance of Preliminary Official Statement
and Bond Purchase Contract.
No. 01-3 (Madison Grove/San Lauren/Mountain
1. Resolution of Intention No. 1264.
2. Resolution Approving Boundary Map.
Resolution supporting two additional permanent seats on the LAFCO Board for Kern
County Cities.
Resolution supporting the need to keep operating the Emergency Department at the
Bakersfield Heart Hospital.
Resolution approving Memorandum of Understanding for employees of the Blue
and White Collar Units and adopting salary schedule related benefits.
Amendment No. 3 to Resolution No. 122-01 setting salaries and related benefits for
Officers and Employees of the General Supervisory, Police Supervisory and
Management Units.
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(Ward 2)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 3)
(Wards 1,2)
CONSENT CALENDAR continued
Emergency Repairs on Truxtun Avenue from 1,000 feet west of the railroad
underpass to Empire Drive. (Ward):
Resolution dispensing with bidding procedures due to emergency repair of
roadway on Truxtun Avenue.
Agreements:
Tract Maps/Improvement Agreements:
1. Final Map and Improvement Agreements with Castle & Cooke California,
Inc. for Tract 5882, Phase 2A, located south of Brimhall Road, east of Allen
Road.
Final Map and Improvement Agreement with Castle & Cooke California, Inc.
for Tract 5882, Phase 2B, located south of Brimhail Road, east of Allen
Road.
o
Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for
Tract 6003, Phase 2, located south of Krebs Road, west of Mohawk Street.
Final Map and Improvement Agreements with Mahan Homes, Inc. for Tract
5758, Phase B, located west of Old Farm Road, south of Noriega Road.
Agreement with Greater Bakersfield Convention and Visitors Bureau for the purpose
of promoting the City.
Interchange on State Route 178 at Fairfax Road and Extension of Freeway to east
of Faidax Road.
Cooperative Agreement with Department of Transportation, State of
California for Oversight Services during preparation of plans, specifications
and estimate.
Agreement with Aquatic Design Group, Inc. to provide consulting services for an
aquatic center master plan design package in an amount not to exceed $35,000.
Amendment No. I to Agreement No. 01-173 with Valley Printers, $13,000, total
contract amount not to exceed $114,735.02, for printing of additional pages and
copies of program brochure.
-4-
(Ward 2)
(Ward 5)
CONSENT CALENDAR continued
v. Amendments to On Call Civil Engineering Services Agreements:
1. Amendment No. 2 to Design Consultant Agreement No. 00-185 with Porter-
Robertson Engineering and Surveying, Inc., $100,000 (total contract amount
of $350,000) for additional On Call Civil Engineering Services.
2. Amendment No. 2 to Design Consultant Agreement No. 00-186 with
Ruettgers & Schuler Civil Engineers, $100,000 (total contract amount of
$350,000) for additional On Call Civil Engineering Services.
3. Amendment No. 1 to Design Consultant Agreement No. 01-209 with
Mclntosh & Associates, $100,000 (total contract amount of $200,000) for
additional On Call Civil Engineering Services.
4. Amendment No.1 to Design Consultant Agreement No. 01-210 with Quad
Knopf, Inc., $100,000 (total contract amount of $200,000) for additional On
Call Civil Engineering Services.
w. Amendment No. 6 to Agreement No. 92-154, City Manager's Contract with Alan
Tandy.
x. Amendment No. 1 to Agreement No. 97-65 with Kern-Tech, Inc., regarding
repayment of economic development loan.
y. Amendment No. 1 to Agreement No. 01-146 with Pavement Recycling Systems,
Inc. to add $225,000 (total Contract amount of $322,500) for cold planing on various
streets within the City.
Bids:
aa,
IBM Network Attached Storage (NAS) System:
1. Accept bid to award Contract to Jeskell, Incorporated, $111,105 to furnish,
configure and install iBM NAS Gateway system.
2. Appropriate $112,000 Capital Outlay Fund Balance to the Capital
Improvement Budget.
Accept bid to award Contract to Conrad Constructors in the amount of $51,580.38
to supply precast concrete deck units - Kroll Way Bridge:
Accept bids from Jim Burke Ford, $67,864.50 and Three Way Chevrolet,
$42,726.24, for five vans (three additional, two replacement). Total $110,590.74.
-5-
8. CONSENT CALENDAR continued
Miscellaneous:
CC.
Urban Development Committee Report No. 1-02 regarding recommendation to refer
ordinance amendments related to oil drilling and production to the Planning
Commission for Public Hearings. (Urban Development Committee recommends
acceptance of the Report and referral to the Planning Commission)
Staff recommends adoption of Consent Calendar Items a. through cc.
(Ward 6)
HEARINGS
a. Resolution ordering the vacation of the five foot wide pedestrian easement at the
north end of Verdant Court in Tract No. 4110.
Staff recommends adoption of the resolution.
10.
REPORTS
a. Budget and Finance Committee Majority and Minority Reports No. 1-02 regarding
Business License Tax:
1. First reading of an Ordinance amending Chapter 5.02.010(A) of the
Bakersfield Municipal Code relating to Business License Tax.
Budget and Finance Committee recommends acceptance of Majority and Minority
Reports and Council determination on first reading of the ordinance.
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL & MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\Cour~il~AG EN DA~2002~MAR2002,wpd
March 14, 2002 {3:15pm)
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B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
March 15, 2002
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/-~
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - MARCH 20, 2002 COUNCIL MEETING
PRE-MEETING
There is one workshop regarding Council Goal Setting. The Council will begin the meeting in the
Council Chambers and recess to the City Manager's Conference Room.
There are three closed session items, two of which are conferences with legal counsel regarding
existing litigation. The third is a conference with real property negotiations regarding the northeast
corner of Ming Avenue and Highway 99 on/off ramp.
APPOINTMENTS
There will be one appointment to the Board of Building Appeals, and four appointments to the Historic
Preservation Commission.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
item 8c. First Reading of an Ordinance addin.q to and amendinR the Municipal Code related to
administrative appeals. In furtherance of the goal of streamlining Council meetings, and in
accordance with an earlier Council decision, these ordinance changes provide decisions on
abatement of public nuisances with which a person disagrees are appealable to the City Manager or
his designee. The amendment provides that the assessment that may be levied as a result of the
abatement work must still be presented to Council for confirmation. The amendment also adds a new
chapter which provides that whenever appeals to the City Manager or Department Heads are
provided in the Municipal Code, such appeals may be heard by the designee of the City Manager or
designee of the Department Head.
HONORABLE MAYOR AND CiTY COUNCIL
MARCH 15, 2002
PAGE 2
Resolutions:
Item 8d. Resolution of Intention to add territory (Old River, Pacheco NW) to the Consolidated
Maintenance Distdct and preliminarily adoptin,q, confirminq and approvinq Public Works Director's
Report. A letter was received from a property owner requesting inclusion into the Maintenance
District. This will provide for maintenance of a public park and street landscaping. The letter waives
the public hearing on the matter and allows the City to expedite the process. The owner also
submitted a Proposition 218 ballot indicating consent to the assessments.
Item 8e. Resolution of Intention addin.q territory (Ha.qeman, Knudsen North) to the Consolidated
Maintenance District and preliminarily adoptin.q, confirmin.q and approvinq Public Works Director's
Report. A letter was received from a property owner requesting inclusion into the Maintenance
District. This will provide for maintenance of a median and street landscaping. The letter waives
the public hearing on the matter and allows the City to expedite the process. The owner also
submitted a Proposition 218 ballot indicating consent to the assessments.
Item 8f. Resolution desi.qnatinq the Finance Director or his desiqnee as the party responsible for
annually preparin.q the tax roll of assessment distdct installment obliqations and for the furnishing of
a Notice of Assessment. A newly enacted State law requires that the legislative body collecting
assessment installments to secure bonds issued under the Improvement Bond Act of 1915
designate an office or department that shall be responsible for annually preparing the installment
obligations and to furnish a Notice of Assessment to any individual requesting the notice, or any
owner of any property subject to an assessment. The Finance Department has always performed
these duties. This Resolution simply continues that current practice.
Item 8q. Resolution of Application proposinq proceedinqs for annexation of uninhabited territory
located in two separate areas (1) at the northeast corner of Reina Road and Allen Road; and (2)
alonq the south side of Quincy Street between Robinson Street and Miller Street. The proposed
annexations consist of approximately 40 acres of uninhabited land located at the northeast corner of
Reina and Allen Roads, and approximately .005 acres of uninhabited land located along the south
side of Quincy Street between Robinson and Miller Streets. The first acreage is undeveloped with
an approved County subdivision, and the second is a portion of a front yard of a single family
residence. The property owners wish to receive City services and have consented to annexation.
These non-contiguous areas are being processed together in order to save application fees with
LAFCo.
Item 8h. Adoption of Resolution establishin.q new tow truck rates. The current rates have been in
effect since 1995. Due to increased operating expenses, including fuel costs, liability insurance and
wages, new rates ara proposed. If adopted, these rates will put tow truck operators at comparable
charges with allied agencies such as the Kern County Sheriff and California Highway Patrol. In
addition, staff is proposing to: 1) raise the gross vehicle rating to provide that light duty tow truck
operators will be able to more safely tow the more modern heavier passenger vehicles; and 2) raise
the minimum amount of equipment required from two to four tow trucks to ensure the City has
sufficient amount of tow trucks.
Item 8i. Mobile Data Computer Systems. The existing Mobile Data Terminal System was
purchased in 1996. The system is now substandard, in need of repair, and is no longer
manufactured. In July 2000, the Police Department formed a committee to review the various
alternatives, and survey other police departments. Systems were found and tested for a period of
18 months under a variety of conditions. Due to the need for the new systems to work with existing
HONORABLE MAYOR AND CITY COUNCIL
MARCH 15, 2002
PAGE 3
City software, staff recommends adoption of a Resolution determining that police Mobile Data
Computer Systems cannot be obtained through usual bidding procedures due to the need to
integrate into an existing system, and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $1,596,000. Staff also recommends approval of an appropriation of
$700,000 Equipment Management Fund and $42,900 Supplemental Law Enforcement Services
Fund (SLESF) balances to the Capital Improvement budgets in the respective Funds.
Item 8i. Assessment District No. 01-2 (Seven Oaks West II/River Walk/Southern Oaks). On
February 6, 2002, Council approved the Engineer's Report, levied the assessments and ordered the
public improvements. Notices of assessment and cash payment opportunity were mailed to the
owners of any property on which an assessment was levied and recorded. The next step is for
Council to adopt a Resolution Authorizing Issuance of Bonds, and a Resolution Approving Form and
Substance of Preliminary Official Statement and Bond Purchase Contract. The latter Resolution
authorizes the underwriter to distribute the Preliminary Official Statement and authorizes any
appropriate officer or City employee to take any action reasonably required to accomplish the sale
of the bonds.
Item 8k. Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain VistaNVestlake). The
appropriate application and petitions were submitted and were approved by Council on February 6,
2002. The next step is to adopt a Resolution of Intention and a Resolution Approving a Boundary
Map.
Item 81. Resolution supportin.q two additional permanent seats on the LAFCo Board for Kern County
cities. On March 27, 2002, a special meeting of the Mayors of all of the cities of Kern County was
held to discuss the City of Bakersfield's efforts to obtain a permanent seat on LAFCo. As a result of
this discussion, the cities in attendance proposed to recommend to their Councils a proposal that
would add two additional city representatives to LAFCo. One of these would be a permanent seat for
the City of Bakersfield and the other would be an additional seat for the remaining cities. This
proposal would increase the total city seats on LAFCO to four. The total number of seats on LAFCO
would become nine.
Item 8m. Resolution supportin.q the need to keep operatinq the Emerqency Department at the
Bakersfield Heart Hospital. The Bakersfield Heart Hospital has provided notice that they plan to
discontinue Basic Emergency Services provided at the Hospital to the public. According to the Kern
County EMS Department, the closure will result in a significant shift of emergency department patient
care burden to other area hospital emergency departments, which will likely increase the overload
currently experienced by area hospitals. Council has expressed concerns that an adequate number
of emergency rooms be maintained and available in the metropolitan area to serve the public. As a
result of Council direction, staff prepared a resolution which urges the Hospital to reconsider its plan
to discontinue the service.
Item 8n. Resolution approvinq Memorandum of Understandinq for employees of the Blue and White
Collar Units and adoptinq salary schedule related benefits. As a result of negotiation, the following
are recommended: 1) three-year agreement from January 1, 2002 to January 1, 2005; 2) salary
increases of 3.5% effective December 31, 2001, 3.0% effective December 30, 2002, and 3.5%
effective December 29, 2003; 3) the City will contract for an actuarial study by July 1, 2002 to
determine the costs associated with increasing retiree medical insurance benefits; 4) additional
classifications have been added to those receiving certification pay that is required by a department;
5) an increase in uniform allowance for White Collar employees, who are required to wear uniforms;
6) On July 1, 2002, or as soon thereafter as possible, a contractual change with PERS to provide the
HONORABLE MAYOR AND CITY COUNCIL
MARCH 15, 2002
PAGE 4
benefit of 3% at 60; and 7) effective January 2003, employer paid member contributions to PERS will
be considered special pay, and thus eligible to be used in retirement calculations.
Item 80. Amendment No. 3 to Resolution No. 122-01 settinq salaries and related benefits for Officem
and Employees of the General Supervisory, Police Supervisory and Manaqement Units. In October
2001, State retirement law changed, allowing for several enhanced pension benefits for
miscellaneous employees. As a result, and provided for in Resolution 122-01, discussions were
reopened with General Supervisory and miscellaneous Management employees. Both groups desire
to have the enhanced pension benefit P.E.R.S. offers of 3% at age 60. In order to offset the costs, it
is requested to discontinue City matching deferred compensation contributions, effective January 1,
2003. Other changes include: 1) conducting an actuarial study of the costs associated with retiree
medical insurance plans and that discussions can reopen if the general management and general
supervisory employees are interested in improvements, although the City assumes no obligation for
additional costs; 2) changes in life insurance amounts for general supervisory and Councilmembers;
and 3) an increase in the City Manager's salary, which was recommended by Council action March 6,
2002.
Item 8p. Emer.qency Repairs on Truxtun Avenue from 1,000 feet west of the railroad underpass to
Empire Drive. On March 13, 2002, City crews were preparing Truxtun Avenue from 1,000 feet west of
the railroad underpass to Empire Drive for resurfacing. The existing surface was being ground by an
outside contractor when they discovered a structural section of two inches of asphalt over sand, which
is unacceptable. This condition existed in an area approximately eight feet wide next to the gutter.
This structural section would not hold up to the volume of traffic on Truxtun Avenue and it was
decided to remove eight inches of material and replace it with full depth asphalt. This made the
project too involved for City crews to complete in a timely manner. Because of extensive road work
required to bring the roadway up to current standard and to limit inconvenience to the public, the
Public Works Director determined that this situation was an emergency and felt it was necessary to
forego the normal competitive bidding procedures. Granite Construction was contacted because of
their extensive experience and they can begin immediately. At this point, the Public Works Director
authorized the use of Granite Construction on a time-and-materials basis. The roadwork began
March 13, 2002 and was completed March 14, 2002. Cost of the project is estimated to be $120,000.
A.qreements:
Item 8r. Aqreement with the Greater Bakersfield Convention and Visitors Bureau for the purpose of
promotinq the City. The existing agreement requires the City to make monthly payments to the CVB
for services rendered based upon 11% of the fiscal amount bud.qeted of the Transient Occupancy Tax
(TOT). CVB has requested the monthly payments be based on actual TOT amounts received by the
City within the fiscal year. In order to accommodate this request, the City is proposing to pay 11% of
the TOT realized for the fiscal year that services are received. Because there is a time delay factor in
receiving TOT revenues, the City proposes to base the monthly payments upon a budgeted amount,
with a reconciliation between budget and actual amounts, if needed, in September following the end
of the fiscal year. Further proposed changes will also provide 12 uniform monthly allotments during
the fiscal year as opposed to the current system of basing the allotment upon CVB expenditures. The
City also agrees to make a one-time payment of $38,000 for the difference between budgeted and
actual TOT revenues for FY 2000/01, to be paid within 45 days of execution of the agreement. As the
current agreement expires June 2002, the City also proposes to extend that time frame to June 2005.
HONORABLE MAYOR AND CITY COUNCIL
MARCH 15, 2002
PagE 5
item 8s. Interchanqe on State Route 178 at Fairfax Road and Extension of Freeway to east of Fairfax
Road. This agreement sets forth the responsibilities of the City as lead agency and the State as
owner of the highway. It does not involve the exchange of money, but only pertains to the final design
and preparation of construction documents.
Item 8t. Aqreement with Aquatic Design Group, Inc. to provide consulting services for an aquatic,
center master plan desi,qn package in an amount not to exceed $35,000. Separate surveys indicate
an overwhelming interest in developing an aquatic center, with swimming as the number one
recreational activity. In 2000, the Council adopted the Recreation and Parks Master Plan which
identified aquatic facilities as the highest priority amenity in parks. In the same year, a study identified
Martin Luther King, Jr. and Jefferson pools as having the most code violations and anticipated
rehabilitation costs. The City is entedng into a conception design phase to construct a new aquatic
facility and rehabilitate the pools listed. Aquatic Design Group, Inc. will provide basic consulting
services. The agreement also allows for hourly and reimbursable expenses, but only upon the City's
authorization in writing and in advance. Proposition 12 provides funding for new construction and
rehabilitation of aquatic facilities.
item 8u. Amendment No. 1 to Agreement 01-173 with Valley Printers for printing of additional paq~
and copies of program brochure in the amount of $13,000. The Recreation and Parks Department
produces a brochure three times per year that is mailed to every City resident. It was determined that
due to growth of the City; an additional 5,000 copies are required in order to reach all City residents.
Item 8v. Amendments to On-Call Civil Enqineerinq Services Agreements. To expedite delivery of the
Capital Improvement Program, staff implemented on-call engineering and surveying services
contracts with local engineering firms which were selected through a qualification based selection
service. Due to current and anticipated work loads for FY 2002/03, staff desires to extend these
agreements for one fiscal year. Four amendments are proposed to extend the terms with each firm to
include FY 2002/03 and increase the total compensation amount for each agreement by $100,000.
The applicable firms are Porter-Robertson Engineering and Surveying, Inc.; Ruettgers & Schuler Civil
Engineers; Mclntosh & Associates; and Quad Knopf, Inc.
Item 8w. Amendment No. 6 to Agreement No. 92-154 - City Manager's Contract. This contract
amendment implements changes to the City Manager's contract in accordance with his annual
evaluation. It includes a 2% merit salary increase retroactive to February 15, 2002; an increase in the
amount of City-paid deferred compensation from 6% to 7% of base salary; and a 7-year credit to the
number of years employed for the purpose of qualification for the City's Retiree Medical Insurance
benefit, effective only if the City Manager remains employed through June 30, 2004.
Item 8x. Amendment No. 1 to Agreement 97-65 with Kern-Tech, Inc, reqardin.q repayment of
economic development loan. In March, 1997, Council approved a 0% interest, five-year loan
agreement with Kern-Tech, Inc., a manufacturing company located in the Old Town Kern-Pioneer
Redevelopment Project Area. This loan was comprised of CDBG monies and was used to help
purchase equipment. The company chose to repay the loan with a balloon payment versus the option
of annual payments. They cannot now meet that obligation, but have proposed a payment schedule.
This item came before the Council on February 6, 2002, when it was referred to the Budget and
Finance Committee. The Committee recommended the Economic and Community Development
HONORABLE MAYOR AND CITY COUNCIL
MARCH 15, 2002
PAGE 6
Department draft a loan policy for their consideration in the near future. The Committee also
recommended moving fo~vard with an amendment to the Kem-Tech agreement at this time and
requested a review of their financial condition in six months to determine if loan payments can be
increased. Specifically, the Committee recommends the company begin making monthly payments of
$1,000 beginning April 1, 2002. Staff reviewed the financial statements and concurs that they can
meet the debt service of the proposed repayment schedule. In October 2002, the Committee and the
company will review the company's financial position and determine whether the payments can be
increased.
Item 8y. Amendment No. 1 to Aqreement No. 01-146 with Pavement Recycling Systems, Inc. for cold
planninq on various streets in the amount of $225,000. Cold planning (street grinding) is a process
performed on a street which is scheduled for resurfacing. The original contract with Pavement
Recycling Systems, Inc. does not expire until June 13, 2002. Approximately $30,000 is left from the
original $97,500 that was awarded June 13, 2001. Due to an early start on resurfacing projects, and
the necessity to perform more extensive gdnding on some major streets, it is necessary to increase
the Annual Contract in order to cover the cost of this additional work, There are sufficient funds in the
current Street Division's operating budget for the increase.
Bids:
Item 8z. Award bid to Jeskell, Incorporated to furnish, configure and install IBM NAS Gateway
System in the amount of $111,105, and appropriate $112,000 Capital Outlay Fund Balance to the
Capital Improvement Bud.qet. The IBM NAS Gateway will improve the access, backup and disaster
recovery options for the servers currently housed in the MIS computer room. Four acceptable bids
were received. Staff recommends award to Jeskell, Incorporated.
Item 8aa. Award bid to Conrad Constructors to supply precast concrete deck units on Kroll Way
Bddqe in the amount of $51,580.38. In accordance with Agreement 71-67 with Cai State Bakersfield,
the City agreed to provide the campus an easterly access point at Kroll Way. The access includes a
bridge on Kroll Way to cross the Arvin-Edison Canal. The City is coordinating with the University, who
is currently designing a road on campus to meet the bridge. As a part of the scheduling coordination,
the City will furnish concrete deck units to the contractor for the bridge portion of work. Two
acceptable bids were received. Staff recommends award to Conrad.
Item 8bb. Award bids to Jim Burke Ford and Three Way Chevrolet for 5 vans (3 additional, 2
replacement) in the amounts of $67,864.50 and $42,726.24, respectively. Two acceptable bids were
received. In order to get the best price, staff recommends the award be split as follows: 3 vehicles to
be supplied by Jim Burke Ford and 2 vehicles to be supplied by Three Way Chevrolet.
Miscellaneous'..
Item 8cc. Urban Development Committee Report No. 1-02 reqardin.q recommendation to refer
ordinance amendments related to oil drillinq and production to the Plannin.q Commission for public
hearinqs. The Urban Development Committee met on January 14, 2002 and February 11, 2002, and
voted unanimously to recommend referral of ordinance amendments related to oil drilling and
production to the Planning Commission for public hearings. The Committee reviewed proposed
HONORABLE MAYOR AND CITY COUNCIL
MARCH 15, 2002
PAGE 7
ordinance amendments that have been under consideration by the Planning Commission over the
past few months. The revisions were first reviewed by a sub-committee of the Planning Commission,
and included oil and building industry representatives. There has been no public opposition to referral
of these amendments. The Planning Commission has scheduled a public hearing for testimony on
these amendments for their April 4, 2002 meeting. Upon conclusion of the hearing, the Planning
Commission will make a recommendation to the City Council. The Urban Development Committee
recommends referral of the draft ordinances to the Planning Commission for hearing and
recommendation.
HEARINGS
Item 9a. Resolution Order the Vacation of the 5-foot wide pedestrian easement at the north end of
Verdant Court. On February 20, 2002, Council adopted a Resolution of Intention to order the vacation
of the easement. That resolution set March 20, 2002 as the date of the public hearing. The hearing
was duly advertised and posted on site as required by law.
REPORTS
Item 10a. Budget and Finance Committee Majority Report No.1-02 and Minority Report No. 1-07
re.qardin.q Business License Taxes; First Readinq of an Ordinance amendinq Municipal Code relatinq
to Business License Taxes. A partnership did not agree with the business license ordinance, and
interpreted the ownership of their rental property to be a "passive investment," as defined by the
Internal Revenue Service because they spent less than 750 hours annually leasing/renting the
property and, therefore, outside the scope of the business license ordinance. The Municipal Code
broadly defines business as all activity carded on for the purpose of profit without distinguishing how
much time is required to produce revenues or gross receipts. The partnership complied, but
requested review of the ordinance. On September 5, 2001, the Council referred the issue of
application of the business license ordinance to owners who rent or lease commercial or residential
property to the Budget and Finance Committee. The Budget and Finance Committee met on
December 6, 2001, January 17, and February 21, 2002. Staff surveyed 10 cities, 8 of which have a
business license tax for leasing or renting of commercial and residential property. For residential
properties, some of the cities provided for a minimum number of units allowed before the business
license tax was applicable.
The Majority Report recommends to apply the business license tax to property owners who rent or
lease commercial properties, and amend the existing ordinance for residential rentals to apply the
business license tax to owners who rent or lease five or more units (four units or less would be
exempt from the business license tax). The Minority report recommends: 1) application of the
business license tax for renting or leasing properties be applied to property management businesses
that are clearly in the business of renting and leasing properties; and 2) casual investors who own and
rent or lease commercial or residential properties be exempt from the business license tax.
AT:AC:al
cc: Department Heads
City Clerk's Office
News Media File
S:~AGN_HIGH\02Mar20.doc
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Workshop
ITEM: 2.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
March 11, 2002
APPROVED
DEPARTMENT HEAD ~
ClTY A'I'rORNEY~
CITY MANAGER ~
City Council Goal Setting
(Council will recess to the City Manager's Conference Room to discuss this item.)
RECOMMENDATION:
Council determination,
BACKGROUND: This item is a continuation of the March 6~h review and update of the City Council Goals
which were adopted by the City Council on April 25, 2001.
JWS:al
March 11,2002, 11:52am
S:~Admin Rpts~O02~Council Goals Workshop 032002.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Closed Session
ITEM: 3.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 8, 2002
APPROVED
DEPARTMENT HEAD~~___
CITY ATTORNEY ,~'~
CITY M.tt~IAG ER ~ ~
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Joseph Wyatt, et al. v. City of Bakersfield, et al.;
Kern County Superior Court Case No. 244305-SPC
RECOMMENDATION:
BACKGROUND:
BJT:las
MR20CAI.CS
March 8, 2002, 11:22am
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Closed Session
ITEM: 3.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 8, 2002
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Gary Duane Johnson v. Damacio Diaz, et al.;
United State District Court Case No. CV-F-01-6097 REC L JO
RECOMMENDATION:
BACKGROUND:
BJT:las
MR20CA2.CS
March 8, 2002, 11:30am
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Closed Session
ITEM: ;],~;,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 8, 2002
DEPARTMENT HEAD
CITY A'FI'ORNEY
CITY MANAGER
APPROVED
Conference with Real Property Negotiators pursuant to Government Code section 54956.8
Property: Northeast corner of Ming Avenue and Highway 99 on/off ramp (APN 148-270-29)
Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald
Anderson
Negotiating Parties: Clayn Smith-Ming Retail Plaza, LLC
Under Negotiation: Price and terms of payment for purchase
RECOMMENDATION:
BACKGROUND:
BJT:las
MR20CA3.CS
March 8, 2002, 11:31am
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: Presentations
ITEM: 5.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 8, 2002
ED
DEPARTMENT HEAD/.~
CITY ATTORNEY
CITY MANAGER ~-~
Presentation by Mayor Hall of Proclamation to Hal Wygant, member of the Golden Empire Hot
Jazz Society, proclaiming April, 2002, as "Jazz Appreciation Month".
RECOMMENDATION:
BACKGROUND:
March 8, 2002, 8:40am
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Presentations
ITEM: 5.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 8, 2002
.(;~VED
DEPARTMENT HEAD___'.'.'~
ClTY ATFORNEY
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:
March 8, 2002, 8:17am
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Appointments
ITEM: 7.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
~'l~amela A. McCarthy, City Clerk
March 15, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY. .
ClTY MANAGER .~
One appointment to the Board of Building Appeals due to the resignation of Kenneth Shelton.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Building Appeals due to the resignation of Kenneth Shelton. This is a
Council appointment and is not ward specific. Members do not serve for a specified term.
Applications to fill this position have been received from the following individuals:
· Don G. Simpson
* 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~Admin2002.a..wpd
March 15, 2002, 10:27am
ADMINISTRATIVE
REPORT
MEETING DATE: Mamh 20, 2002
AGENDA SECTION: Appointments
ITEM: 7.b.
TO: Honorable Mayor and City Cou~/~. / APPROVED
FROM: Pamela A. McCarthy, City Clerl~~ DEPARTMENT HEAD
DATE: March 8, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Four appointments to the Historic Preservation Commission, due to the resignation of Thomas
Curran, term expires Mamh 30, 2005, and the expiration of terms of Stephen Bass, Scott Hudlow
and Anthony Ansolabehere, terms expiring March 30, 2002.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Four appointments to the Historic Preservation Commission due to the resignation of Thomas Curran (Ward 3),
whose term expires March 30, 2005, and the expiration of terms of Stephen Bass (Ward 6); Scott Hudlow (Ward
7); and Anthony Ansolabehere (Mayor), whose terms expire March 30, 2002. The news release for this recruitment
was posted February 20, 2002. A declaration not wishing to seek reappointment was received from Stephen Bass
on March 4, 2002.
An application to fill the vacancy has been received from Michael David Kephart.
Considerable effort has been made to recruit individuals to serve on the Historic Preservation Commission. Since
Thomas Curran's resignation in June 20, 2001, there have been four (4) news releases, publication in The
Bakersfield Californian News Digest, radio announcements, and contact with members of interested organizations.
As of this date only one application has been received.
The Historic Preservation Commission is an advisory body to the City Council. It is composed of nine (9)
members, nominated by Mayor/Councilmembers and confirmed by the Full Council. Members must be residents
of the City of Bakersfield, but not a specific Ward, throughout their four-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic Districts
in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the
City Council. The Commission presides and conducts public hearings on designation applications and makes
recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. in the Kress Building Third Floor Conference
Room, 19"~ & K Streets, Bakersfield California.
S:tBds&Com m~ PC~Admin Rpt032002.wpd
March 14, 20021 10:41am
ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
March 8, 2002
Minutes of March 6, 2002 Council Meeting.
APPROVED
DEPARTMENT HEAD ~/~
CITY A'n'ORNEY
ClTY MANAGER
N/A
RECOMMENDATION:
BACKGROUND:
bz
S:\Council~admins~2OO2\MAR2OO2.wpd
March 8, 2002, 2:12pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 7, 2002
APPROVED
DEPARTMENT HEAD~~-
CITY A'rFORNEY
CITY MANAGER
Approval of department payments from February 22, 2002 to March 7, 2002 in the amount
of $ 7,077,687.15 and self insurance payments from February 22, 2002 to March 7, 2002 in
the amount of $148,519.47.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,226,206.62.
BACKGROUND:
S:\KirnG\Forms & Lables~ADMiN~AP.wpd
klg
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council Members
Robert M. Sherfy, Assistant City Attorney
March 13, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER
An Ordinance adding Chapter 1.34 and amending Sections 8.80.110B, 8.80.140B,
8.80.150A and 8.80.160 of the Bakersfield Municipal Code relating to administrative
appeals.
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
On November 14, 2001, the City Council adopted by resolution a policy regarding streamlining of
City Council meetings. Part of this policy was the making of certain appeals as interim appeals to the City
Manager prior to being appealed to the City Council. It is believed this interim appeal will provide an
opportunity to facilitate settlement of a dispute prior to the Council's hearing the matter. Necessary
changes to existing ordinances were directed to be drafted and brought back to the Council for
consideration. Pursuant to direction of the City Council, these proposed ordinance amendments provide
that decisions on abatement of public nuisances with which a person disagrees are appealable first to the
City Manager, or his designee, prior to being considered by the City Council. The amendment provides
that the assessment that may be levied as a result of the work of abatement must still be presented to the
City Council for confirmation.
Additionally, the amendment adds a new Chapter 1.34 which provides that whenever appeals to
the City Manager or Department Heads are provided in the Municipal Code, such appeats may be heard
by the designee of the City Manager or designee of the Department Head.
RMS:dll
S:\COU NCIL~dmins~Admin,~opealP u bl[cAbateAm dO rd.wpd
DEC13CA.CC
March 13, 2002, 8:22am
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8od.
TO:
FROM:
DATE:
SUBJECT:
HonOrable Mayor and City Council
Raul M. Rojas, Public Works Director
March 1, 2002
APPROVED
DEPARTMENT HEAD ~f~l:~Z-
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1266 to add territory, Area 2-25 (Old River, Pacheco NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving Public
Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received bythe City Engineer from the owner of Tentative Tract
No. 6082, all phases, to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 2-25
(Old River, Pacheco NW), to the Consolidated Maintenance District. Area 2-25 is generally bounded by a line
1/4 mile north of Pacheco Road on the north, Old River Road on the east, Pacheco Road on the south and
Mountain Vista Road on the west. This area will be under the park and streetscape zones of benefit and will
be assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated
Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has
been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy
of this covenant is attached for reference.
Ivd
February 26, 2035, 12:08PM
S:\PROJ ECTS\MAIN DIS'F~DMI N RPT~md2-25d02.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
TEM: 8.e.
TO:
FROM:
DATE:
SUBJECT:
HOnorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 1, 2002
APPROVED
D PARTME.T. A - -
c. Ty A OR. Y
CITY MANAGER /~
Resolution of Intention No. 1267 to add territory, Area 1-32 (Hageman, Knudsen Nodh) to the
Consolidated Maintenance District and preliminarilyadopting, confirming and approving Public
Works Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received bythe City Engineer from the owner of Tentative Tract
6013 and adjacent area, to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of median and street landscaping. Area 1-32 is generally bounded by a line 1/4 mile south of
Olive Drive on the north, a line 600 feet east of the southerly prolongation of Knudsen Drive on the east,
Hageman Road on the south and the northerly prolongation of Mohawk Street on the west. This area will be
under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated
Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has
been drafted and will be supplied to the subdivider/developer to be recorded with any future subdivision maps.
A copy of this covenant is attached for reference.
Ivd
February 28, 2002, 10:36AM
S:\PROJ ECTS\MAIN DIST~ADMINRP'~md 1-32d02.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.f.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council Members
Robert M. Sherfy, Assistant City Attorney
March 5, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
ClTY MANAGER ~
A Resolution designating the Finance Director or his designee as the party
responsible for annually preparing the tax roll of assessment district installment
obligations and for the furnishing of a Notice of Assessment.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Newly enacted state law (Government Code § 53754) requires that the legislative body collecting
assessment installments to secure bonds issued under the Improvement Bond Act of 1915 designate an
office or department that shall be responsible for annually preparing the then current tax roll of assessment
district installment obligations. The new law also provides that the designated office or department is to
furnish a Notice of Assessment to any individual requesting the notice or, upon request, to any owner of
property subject to an assessment levied by the local agency. The purpose of the notice is to notify the
potential purchaser of property that the property in question is subject to an assessment district lien.
The Finance Department has always prepared the tax roll of assessment district obligations each
year that assessment installments are due. Passage of this Resolution simply continues that current
practice and also designates the Finance Director or his designee as the person/department responsible
for providing the Notice of Assessment, upon request, to the owner of property who wishes to sell it to a
potential buyer.
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S:\CO U N ClL~Admin s\Tax RoilAs se ss DistObligAd m .wpd
DEC13CA.CC
March 5, 2002, 2:04pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.g.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
March 5, 2002
SUBJECT:
Resolution of Application proposing proceedings for annexation of uninhabited territory to the
City of Bakersfield, property identified as Annexation No. 433, located in two separate areas
(1) at the northeast corner of Reina Road and Allen Road and (2) along the south side of
Quincy Street between Robinson Street and Miller Street. (Wards 4 and 2)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory identified
as Annexation No. 434 to the City of Bakersfield. The proposed annexation consists of approximately
40 acres of uninhabited land located at the northeast corner of Reina Road and Allen Road and
approximately .005 acres of uninhabited land located along the south side of Quincy Street between
Robinson and Miller Streets.
The territory is currently undeveloped with an approved County subdivision at Reina and Allen. While
the property at Quincy Street is a portion of a front yard of a single family residence. The property
owners wish to receive city services and have consented to annexation.
MO:pjt
(admin~nar~3-20-433)
March 5, 2002, 3:48pm
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric Matlock, Chief of Police
APPROVED
DEPARTMENT HEAB~..
March 8, 2002
CITY ATTORNEY
CITY MANAGER
Adoption of Resolution establishing new tow truck rates.
RECOMMENDATION:
Staff recommends adoption of the resolution
BACKGROUND:
In 1995, City Council adopted a resolution setting rates and equipment specifications for tow truck
services provided pursuant to contract with the City (Resolution No. 15-95). These rates have remained the
same since 1995. Due to increased operating expenses including, but not limited to, increased fuel costs,
liability insurance and wages, a resolution setting new rates is being proposed. Specifically, the rates will
change as follows:
LIGHT-DUTY TOW SERVICES OLD RATE NEW RATE
All light-duty towing within a five-mile radius $ 50.00 $ 75.00
All light-duty towing using a car carrier $ 75.00 No Change
Each mile beyond five miles $ 3.50 No Change
Standby time for each 15 minutes after the first 15 minutes $ 6.50 No Change
Inside storage per day $11.00 $15.00
Outside storage per day $ 8.00 $12.00
Service call charge $ 25.00 $ 37.50
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S:\COUNCIL~Admins\TowTruckRates.wpd
MC20PD.CC
ADMINISTRATIVE REPORT .age
Winching per hour $ 25.00 $ 75.00
Setting overturned vehicle on wheels $25.00 No Change
Use of dollies $25.00 No Change
After hours release $ 37.50
MEDIUM DUTY TOW SERVICES OLD RATE NEW RATE
All medium-duty towing within five-mile radius $ 70.00 $100.00
All medium-duty towing using a car carrier $ 95.00 No Change
Each mile beyond five miles (Refer to Bakersfield City radius map) $ 5.00 No Change
Standby time for each 15 minutes after the first 15 minutes $10.00 No Change
Inside storage per day $11.00 $17.50
Outside storage per day $ 8.00 $12.00
Service call charge $ 25.00 $ 37.50
Winching per hour $ 25.00 $ 75.00
Setting overturned vehicle on wheels $ 25.00 No Change
Use of dollies $ 25.00 No Change
After hours release $ 37.50
HEAVY DUTY TOW SERVICES OLD RATE NEW RATE
All heavy-duty towing within five-mile radius - Per hour $100.00 $150.00
Each mile beyond five miles (Refer to Bakersfield City radius map) $ 7.50 No Change
Inside storage per day $ 16.00 $ 28.50
Outside storage per day $ 11.00 $ 28.50
Service call charge $ 25.00 $ 37.50
After hours release $ 37.50
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S:\COUNClL~,Admins\TowTruckRates.wpd
MC20PD.CC
ADMINISTRATIVE REPORT r'age 3
If adopted, these rates will put tow truck operators at comparable charges with allied agencies such
as the Kern County Sheriff and the California Highway Patrol.
In addition, staff is proposing to change two equipment specifications for light duty tow truck operators.
First, staff is proposing to raise the gross vehicle weight rating (GVWR) from 10,000 pounds to 14,.000
pounds. This will provide the City with assurance that light duty tow truck operators will be able to more safely
tow the more modem heavier passenger vehicles (SUVs). Second, staff is proposing to raise the minimum
amount of equipment required to two (2) tow trucks to a minimum of four (4) light duty tow trucks. This will
ensure that the City has sufficient amount of two trucks available for their disposal especially in light of
implementation of the STOP Program which impounds cars driven by unlicensed and/or suspended license
drivers.
Staff recommends adoption of the resolution.
VG:alj
S:\COUNClL~Admins\TowTruckRates.wpd
MC20PD.CC
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.'i.
TO: Honorable Mayor and City Council APPROVED
FROM: Eric W. Matlock, Chief of Police DEPARTMENT HEAD
DATE: March 6, 2002 CITY AI'FORNEY ~,,~
CITY MANAGER
SUBJECT: 1.
Resolution determining that police Mobile Data Computer Systems cannot be obtained
through usual bidding procedures due to the need to integrate into an existing system
and authorizing the finance director to dispense with bidding therefore, not to exceed
$1,596,000.
Appropriate $700,000 equipment management and $42,900 Supplemental Law
Enforcement Services Fund (SLESF) balances to the Capital Improvement budgets in
the respective funds for purchase of Mobile Data Computer Systems, Phase I.
RECOMMENDATION:
Staff recommends adoption of resolution, approval of the agreements and appropriation of funds thereof.
BACKGROUND:
In 1996 the Bakersfield Police Department purchased its current Mobile Data Terminal System (MDT's). The
existing MDT system was state of the art at the time, but now is very substandard based on the
advancements in the field of technology. Many of the MDT's are in need of repair and this system is no longer
being manufactured.
In July 2000, the police department formed a committee to research various alternatives to our information
systems. A subcommittee was formed with individuals who had specific expertise in Mobile Data Computer
(MDC) issues. It was comprised of Lt. Haskins, Technology Chair, Sgt. Clarke, Sgt. Grimm, Sgt. Lewis, Det.
Tunnicliffe and the Communications Manager. The City's Management Information System Director and
Communications Coordinator assisted the evaluation of seven Mobile Data Computer Systems and assisted
us in arranging for demonstrations from seven leading law enforcement vendors.
These Mobile Data Computer Systems were field tested in patrol vehicles for a period of eighteen months.
The systems were tested under a variety of conditions, in order to determine which system would best
perform. Additionally, twenty-five other law enforcement agencies, San Bernardino Police Department,
ADMINISTRATIVE REPORT Page 2
Las Vegas Police Department, Long Beach Police Department, San Diego Police Department, and
Sacramento Police Department, were contacted to determine how they rated various Mobile Data Computer
Systems in their agency.
The subcommittee evaluated the top four specific rugidized laptop computers over the course of this period.
All of the laptop units with the exception of the Panasonic laptop, had problems with the units actually
breaking while in use or would not adopt the software used by the department. Panasonic has an extremely
good reputation with other law enforcement agencies and has provided equipment to law enfomement for a
number of years.
The Data 911 display server/keyboard/converter was evaluated with the top two companies who provide this
same equipment. The Data 911 system performed well above the other tested systems. The Data 911
company has a long history of providing quality equipment to law enforcement, exceptional customer
service/support, and very Iow failure rates. The committee also validated this with the information they
received from the other twenty-five departments surveyed. Based on the complete study, the Panasonic
rugidized laptop and the Data 911system were viewed as the best system for the Bakersfield Police
Department. The Data 911 system and the Mobile Data computer must be purchased from two separate
vendors, however, they work together as one unit. The Panasonic and Data 911 systems were the only
systems which demonstrated very proficient equipment with very Iow failure rates and worked with software
used by the department.
The Mobile Date Computer System will enable the field officer to obtain a much wider range of information
than they currently can in the field. The officer will be able to retrieve vehicle information, warrant information,
criminal histories, and other valuable information without having to request it from a dispatcher or contact the
Sheriff's Department. This MDC system will also set the foundation for infield reporting, where the officer will
fill out reports directly into the computer versus the existing paper system. Having this type of equipment will
assist the field officer in becoming more efficient and effective with their time on patrol in the community.
Council has approved and previously appropriated $500,000 Supplemental Law Enforcement Services Funds
(SLESF) from the State of California; $244,697 Bureau of Justice Assistance Local Law Enforcement Block
Grant Funds and $108,403 CLEEP funds to purchase the Mobile Data Computer System. In order to
complete the first phase of purchase, the Police Department is requesting approval and appropriation of the
$700,000 from the equipment fund and $42,900 SLESF prior years interest earnings.
Due to the need to integrate into an existing system, staff requests the finance director be authorized to
dispense with bidding and acquire the MDC system through a sole soume resolution.
The second phase of purchase to complete this project will occur in September of 2002.
rcu
P:~ADMRPT~MDC
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 27, 2002
APPROVED
DEPARTMENT HEAD //~ ~
CITY ATTORNEY t~'~
CITY MANAGER /~
Assessment District No. 01-2 (AD 01-2, Seven Oaks West II/River Walk/Southern Oaks):
1. Resolution Authorizing Issuance of Bonds.
Resolution Approving Form and Substance of Preliminary Official Statement and Bond
Purchase Contract. (Ward 4)
RECOMMENDATION: Staff recommends adopting Resolutions.
BACKGROUND: On February 6, 2002, Council approved the Engineer's Report for Assessment District No.
01-2 and levied the assessments and ordered the public improvements. The assessments were recorded
as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity was mailed
to the property owners (Castle & Cooke and Soper Homes) of any property on which an assessment was
levied and recorded. In order to expedite the bond sale and delivery, the property owners waived their
entitlement to pay any part of any of the assessments in cash. The Finance Director certified and filed with
the City Clerk the List of Paid and Unpaid Assessments which allows the pre-marketing and pricing of the
bond sale by RBC Dain Rauscher, Inc..
The next step is for the Council to adopt the above resolutions. The latter resolution authorizes the
underwriter to distribute the Preliminary Official Statement and ultimately, the Official Statement in connection
with offering of the Bonds to the public. The resolution also authorizes any appropriate officer or employee
of the City to take any action reasonably required to accomplish the sale of the Bonds.
February 27, 2002, 4:46pm
G:\GROUPDAT~DMINRPT~002\Mar 20\ad01-2bonds.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
1.
2.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 5, 2002
APPROVED
DEPARTMENT HEADC~
CITY A'I'I'ORNEY.~
CITY MANAGER
Assessment District No. 01-3, (Madison Grove/San Lauren/Mountain Vista/Westlake):
Resolution of Intention.
Resolution Approving Boundary Map.(Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed
assessment district and were approved by Council on February 6, 2002.
Madison Grove: This subarea is located south of Snow Road, west of Calloway Drive, east
of the Friant Kern Canal and is planned for new residential development. It is proposed that
the improvements for this subarea will be constructed by the developer (Kyle Carter Homes),
with acquisition of the improvements upon completion. The improvements include roadway
improvements to Snow Road and Calloway Drive, together with curb, gutter, sidewalks, street
lights and block wall improvements.
San Lauren and South San Lauren: These two subareas are located south of Krebs Road,
west of Mohawk Street and west of Knudsen Drive, north of Hageman Road and is planned
for new residential development. It is proposed that the improvements for this subarea will
be constructed by the Developer (Kyle Carter'Homes), with acquisition of the improvements
upon completion. The improvements include, roadway improvements, together with curbs,
gutters, sidewalk, street lights, block walls and storm drain.
Mountain Vista: This subarea is located west of Old River Road, north of Pacheco Road, east
of Mountain Vista and is planned for new residential development. It is proposed that the
improvements for this subarea will be constructed by the developer (Coleman Homes), with
acquisition of the improvements upon completion. The improvements include roadway
improvements to Mountain Vista Drive, together with curb, gutters, sidewalks, block walls,
March 5, 2013, 11:06AM
G:\GROU P DAT~AD MtN R PT~2002\M ar 20~AD01-3roi.wpd
ADMINISTRATIVE REPORT Page 2
street lights, sewers, water line and a culvert crossing of Buena Vista Canal.
West Lake: This subarea is located southwest of the Friant Kern Canal, north of Reina Road
and east of Jewetta Avenue and is planned for new residential development. It is proposed
that the improvements for this subarea will be constructed by Developer (Coleman Homes),
with acquisition of the improvements upon completion. The improvements include, roadway
improvements to Olive Drive and Verdugo Road, together with storm drain, water lines, curb,
gutter, sidewalk and street lights.
Tract No. 5625: This subarea is located southwest of Olive Drive and Jewetta Avenue and
is planned for new residential development. It is proposed that the improvements for this
subarea will be constructed by the Developer (Bryan Batey) ,with acquisition of the
improvements upon completion. The improvements include, curb, gutter, sidewalk, paving,
street lights, grading, storm drains, sewer, water and walls.
The primary motive for combining the six subareas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
March 5, 2013, 11:06AM
G:\GROUPDAT~ADMINRPT~2002\Mar 20~AD01-3roLwpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Consent
ITEM: 8.].
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD
DATE: March 8, 2002 CITY A'n'ORNEY
CITY MANAGER
SUBJECT:
Resolution supporting two additional permanent seats on the LAFCO Board for Kern County
cities
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
On March 27, 2002, a special meeting of the Mayors of all of the cities of Kern County was held to discuss
the City of Bakersfield's efforts to obtain a permanent seat on LAFCO. The meeting was very positive and
there was a good discussion about why Bakersfield is interested in having a permanent seat and the concerns
of the other cities regarding their continued ability to have representation on LAFCO. As a result of this
discussion, the cities in attendance proposed to recommend to their Councils a proposal that would add two
additional city representatives to LAFCO. One of these would be a permanent seat for the City of Bakersfield
and the other would be an additional seat for the remaining cities.
This proposal would increase the total city seats on LAFCO to four. The total number of seats on LAFCO
would become nine. At the meeting, the City of Bakersfield stated they would support such a proposal as it
meets our goal of providing representation on LAFCO for the 37% of the County's population that we in
Bakersfield represent. Staff will be working with the other cities and take their proposal into consideration
when they discuss our proposed legislation with our local legislators.
The proposed resolution supports the proposal that would increase the number of LAFCO seats to nine, with
one permanent seat for the City of Bakersfield.
AC:al
March 12, 2002, 3:04pm
S:~Admin Rpts~2002\Resolution supporting LAFco seat for COB 031202.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: 'Consent
ITEM: 8.rn.
'TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
DATE: March 12, 2002 CITY AI'rORNEY ~
CITY MANAGER
SUBJECT:
A resolution supporting the need to keep operating the Emergency Department at the
Bakersfield Heart Hospital
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The City Council has been made aware that the Bakersfield Heart Hospital has provided Kern County
Emergency Medical Services Department (EMS) with notice they plan to discontinue Basic Emergency
Services provided at the Hospital to the public. Thero are currently a limited number of General Acute Care
Hospitals with emergency room facilities in metropolitan Bakersfield authorized to receive to receive patients
by private vehicle, walk-in, ambulance, physician referral and inter-facility transfer. There is an ongoing
urgent need for emergency medical services facilities within the metropolitan Bakersfield area, and
Bakersfield Heart Hospital's plan to discontinue providing such services will be counter productive to efforts
being expended to meet this need.
According to the Kern County EMS Department the Bakersfield Heart Hospital Emergency Department
Closure will result in a significant shift of emergency department patient care burden to other area hospital
emergency departments which will likely increase the level of emergency department overload and there
currently exists an overload of existing emergency facilities at Metropolitan Bakersfield area hospitals
The City Council has expressed concerns that an adequate number of emergency rooms be maintained and
available in the metropolitan Bakersfield area to serve the public. The Council requested that staff prepare
a resolution which urges Bakersfield Heart Hospital to reconsider it's plan to discontinue Basic Emergency
Services provided at the Hospital to the public.
Kt
March 12, 2002, 10:31AM
ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent
ITEM: 8.n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ~ APPROVED
Carroll Hayden, Human Resources Manager" DEPARTMENT HEAD
March 8, 2002 CITY ATTORNEY ~
CITY MANAGER
A Resolution approving Memorandum of Understanding for employees of the Blue and
White Collar Units and adopting salary schedule and related benefits.
RECOMMENDATION:
Staff Recommends adoption of the Resolution
BACKGROUND:
Labor negotiations with the Blue and White Collar Units of the City have concluded and the proposed
agreement for these units is comparable to current agreements with other city bargaining units.
Specifically, the following significant items are recommended for these bargaining units.
1. Three year agreement from January 1, 2002 to January 1, 2005.
Salary increases: 3.5% effective December 31,2001, 3.0% effective December 30,
2002, and 3.5 % effective December 29, 2003.
The City will contract for an actuarial study by July 1, 2002, to determine the costs
associated with retiree medical insurance, specifically to determine the costs with a
proposal from the union to increase City contributions to retiree medical insurance.
One percent (1%) in salary dollars has been set aside by the agreement to implement
this proposal, if agreement is reached with the actuarial findings. If the cost of the
retiree medical insurance proposal is too costly the 1% will be distributed as additional
salary.
March 12, 2002, 9:00am
S:\Lyn~Admin Reports\Blue&White MOU.wpd
ADMINISTRATIVE REPORT Page 2
4
Additional classifications have been added to those receiving certification pay for state
or national certification required by a department. These classifications are Bar97
Advance Smog Certification, Certified Latent Print Examiner, and Notary Public
License. In addition, the amounts for Automotive Service Excellence certificates have
been increased.
An increase in uniform allowance for White Collar employees required to wear
uniforms from $455.00 to $480.00 and from $671.00 to $709.00.
The City to implement on July 1,2002, or as soon thereafter as possible, a contractual
change with the Public Employees Retirement System (P.E.R.S.)to provide the benefit
of 3% at age 60.
Effective January, 2003, the employer paid member contributions to P.E.R.S. (8%), to
be considered special pay and thus eligible to be used in retirement calculations.
March 12, 2002, 9:00am
S:\Lyn~Adrnin Reports\Blue&White MOU,wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent
ITEM: 8°o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council \/ APPROVED
Carroll Hayden, Human Resources Manager~z~ DEPARTMENT HEAD
March 11, 2002 CITY ATTORNEY ~
CITY MANAGER
Amendment No. 3 to Resolution No. 122-01 Setting Salaries and Related Benefits for Officers
and Employees of the General Supervisory, Police Supervisory and Management Units
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
When Resolution No. 122-01 was approved, it contained a provision for reopening discussions if State
retirement law changed to allow for enhanced pension benefits for miscellaneous employees covered by the
Public Employees Retirement System (P.E.R.S.), In October, 2001, State retirement law did change,
allowing for several enhanced pension benefits for miscellaneous employees. Discussions were reopened
with General Supervisory employees and miscellaneous Management employees.
Both groups desired to have the enhanced pension benefit P.E.R.S. offers of 3% at age 60. In order to offset
the costs associated with this enhanced benefit, the groups have requested to amend the resolution by
providing for City matching funds to deferred compensation contributions be discontinued, effective January
1, 2003.
Other changes on this amendment include the fact that the City will be conducting an actuarial study of the
costs associated with retiree medical insurance plans and that discussions can reopen if the general
management and general supervisory employees are interested in improvements, although the city assumes
no obligation for additional costs in this area. Also included are changes in the life insurance amounts for
general supervisory employees and Council members and an increase to the City Manager's salary, which
was recommended by Council action on March 6, 2002.
ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 14, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY~.~,~-_~''~'~
CITY MANAGER
Emergency Repairs on Truxtun Avenue from 1,000 feet west of the railroad underpass
to Empire Drive (Ward 2):
A Resolution dispensing with bidding procedures due to emergency repair of
roadway on Truxtun Avenue.
RECOMMENDATION: Staff recommends approval of Resolution.
BACKGROUND: During the afternoon of Mamh 13, 2002, City street crews were preparing Truxtun
Avenue from 1,000 feet west of the railroad underpass to Empire Drive for resurfacing. The existing
surface was being ground two inches by an outside contractor with the city crews hauling off the
material. During this process they encountered a structural section of two inches of asphalt over
sand which is unacceptable. This condition existed in an area approximately eight feet wide next to
the gutter.
Due to the significance in the lack of roadway structural section, the Public Works Director was
notified and responded to the location. Upon his arrival, he was informed that in preparing the street
for resurfacing, city crows found only two inches of asphalt over sand within an area eight feet from
the gutter. This structural section would not hold up to the volume of traffic on Truxtun Avenue and
it was decided to remove eight inches of material and replace it with full depth asphalt. Considering
the amount of traffic that uses Truxtun Avenue, the project became too involved for City crews to
complete in a timely manner. After reviewing the situation, the Pubic Works Director decided that due
to the extent of the road work required, outside fomes, in addition to City staff, would be needed to
perform the necessary repairs.
Because of extensive road work required to bring the roadway up to current standards, and to limit
inconvenience to the traveling public, the Public Works Director determined that this situation was
an emergency and felt it was necessary to forego the normal competitive bidding procedures. As
such, he instructed staff to immediately seek a contractor to perform the fome main and roadway
dns
March 14, 2002, 1:59pm
G:\GROUPDAT~ADMINRPT~2.002~Mar 20\Emergency Repairs Truxtun-Ernpire.wpd
ADMINISTRATIVE REPORT 2
repairs. Granite Construction was contacted because of their extensive experience in road work and
because they were currently working on a City project. Granite Construction indicated that they had
the necessary material and personnel and could start the repairs immediately. At this point, the
Public Works Director authorized the use of Granite Construction on a time-and-materials basis to
perform the necessary repairs on the force main and the roadway.
The road work was begun on March 13, 2002 and completed on March 14, 2002. Cost of the project
is estimated to be approximately $120,000. This includes time, material, and equipment.
dns
March 14, 2002, 1:59pm
G:\GROUPDA'F~,DMINRP'i"~002~vlar 20\Emergency Repairs Truxtun-Empire.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.q.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
Honorable Mayor and City Council
APPROVED
Raul M Rojas, Public Works Director
February 27, 2002
Tract Maps/Improvement Agreements
DEPARTMENT HEAD
CITY ATTORNEY //"~'
CITY MANAGER ~
Final Map and Improvement Agreements with Castle & Cooke California, Inc. for
Tract 5882 Phase 2A located south of Brimhall Road and east of Allen Road.
(Ward 4)
Final Map and Improvement Agreement with Castle & Cooke California, Inc. for
Tract 5882 Phase 2B located south of Brimhall Road and east of Allen Road.
(Ward 4)
Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 6003
Phase 2 located south of Krebs Road and west of Mohawk Street. (Ward 4)
Final Map and Improvement Agreements with Mahan Homes, Inc. for Tract 5758
Phase B located west of Old Farm Road and south of Noriega Road. (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.
NOTE: THE IMPROVEMENT AGREEMENTS ARE
FILED IN THE CITY CLERK'S OFFICE FOR REVIEW.
G:\GROUPDATLADMINRPT~2002\Mar 20\MAPS&IMPAGR.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.r.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
March 6, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~'"~:~'
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield and the Greater Bakersfield Convention and
Visitors Bureau for the Purpose of Promoting the City
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The existing agreement the City has with the Greater Bakersfield Convention and Visitors Bureau (CVB)
requires the City to make monthly payments to the CVB for services rendered based upon 11% of the
fiscal amount bud(3eted (projected) of the .City's Transient Occupancy Tax (TOT) for the upcoming fiscal
year. The CVB has requested the monthly payments be based on actual TOT amounts received by the
City within the fiscal year,
In order to accommodate this request, the City is proposing to pay the CVB 11% of the TOT realized by
the City for the fiscal year that services are received. Because there is a time delay factor in receiving TOT
revenues, the City proposes to base the monthly payments upon a budaeted amount, with a reconciliation
between budget and actual amounts, if needed, in September following the end of the fiscal year.
The existing contract also bases the monthly allotment to the CVB upon CVB expenditures rather than a
uniform allotment per month. The proposed changes correct this to provide 12 uniform monthly allotments
during the fiscal year.
The City also agrees to make a one-time payment for the difference between budgeted and actual TOT
revenues for the fiscal year 2000/2001. This amount equals $38,000 and payment will be made within 45
days of execution of the agreement.
s the CVB s current three-year agreement expires June 2002, the City also proposes to extend that time
frame to June 2005 in the agreement.
(P:\CVB~ADM02-03-20-1 -CVB)
March 11, 2002, 1:57pm
ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.s.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 4, 2002
APPROVED
DEPARTMENT HEAD ~---
ClTY ATTORNEY .~_
ClTY MANAGER ~/
Interchange on State Route 178 at Fairfax Road and Extension of Freeway to East of Fairfax
Road (Ward 3)
Cooperative Agreement with Department of Transportation, State of California for
Oversight Services During Preparation of Plans, Specifications and Estimate
RECOMMENDATION: Staff recommends approval of the cooperative agreement.
BACKGROUND: The proposed project is a major improvement on the state highway system. This
cooperative agreement sets forth the responsibilities of the City as lead agency on the project and of the State
as owner of the highway.
This agreement does not involve an exchange of money between the agencies. The City is utilizing local
funds to cover 100 percent of the City's expenses incurred prior to construction of the project. Federal funds
will be used for the construction of the project.
This agreement only pertains to the final design of and preparation of construction documents for the project.
A separate agreement will be required for the construction of the project.
ADR Mar 4, 2002 Public Works, Engineering Design
Cooperative Agreement with Caltrans for Preparation of PS&E for Interchange on SRt78 at Fairfax Road
S:\PROJECTS~.RNOLD\SR 178 at Fair'fax Rd~Coop Agreernent~Admin Report 03_04_02.wpd
ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.1:.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Director of Recreation and Parks
March 12, 2002
APPROVED
DEPARTMENT HEAD~
ClTYATTORNEY ~
CITY MANAGER ,~
Agreement with Aquatic Design Group, Inc. to provide consulting services for an
aquatic center master plan design package in an amount not to exceed $35,000.
(Wards 1 & 2)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The 1998 survey of recreational programs and park facilities concluded that over 70% of respondents were
interested in developing an aquatic center. In addition, the January 2000 children's survey listed swimming
as the number one recreational activity. In 2000, the City Council adopted the Recreation and Parks Master
Plan which identified aquatic facilities as the highest priority amenity in parks. In the same year, a swimming
pool study was conducted which assessed all nine pools and noted $1.2 million in deficiencies. The
assessment identified Dr. Martin Luther King, Jr. and Jefferson pools as having the most code violations and
anticipated rehabilitation costs. The last pool built by the City of Bakersfield was constructed in the late
1950s. The passage of Proposition 12 provides funding opportunities for new construction and rehabilitation
of aquatics facilities.
The City is entering the conceptual design phase to construct a new aquatic facility and rehabilitate the two
existing pool facilities at Dr. Martin Luther King, Jr. Center and Jefferson Park. Aquatic Design Group, Inc.
will provide consulting services for an aquatic center design package consisting of three components: 1) site
plan and construction cost estimate for a new facility; 2) site plan, proposed improvements, color renderings,
and budget estimate for the Dr. Martin Luther King, Jr. Center pool; 3) site plan, proposed improvements,
color renderings, and budget estimate for the Jefferson pool. Aquatic Design is one of the premiere aquatic
facility consultants in the United States completing hundreds of projects over the past 20 years. The
agreement provides for compensation to contractor not to exceed $35,000 for basic services. The agreement
also allows for hourly and reimbursable expenses only upon the City's authorization in writing and in advance.
If approved by the Council, staff expects to see preliminary designs within 45 days.
rj
March 12, 2002, 3:49pm
P:~.dmin Rpts~AquaticCtr.wpd
ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.u.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stan Ford, Director of Recreation and Parks
DEPARTMENT HEAD~
March 4, 2002
CITY ATTORNEY ~'
CITY MANAGER ~
Amendment No. 1 to Agreement 01-173 with Valley Printers, $13,000 for a total contract
amount not to exceed $114,735.02 for printing of additional pages and copies of program
brochure.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The Department produces a brochure of all recreational and park programs and activities offered by the
Department. The brochure is produced three times per year, Fall, Spring, and Summer and is mailed to each
City resident household.
For many years, the brochure was distributed as an insert in the local newspaper and was available for pick
up at department buildings. Results from a citizen survey indicated that the brochure was reaching less than
twenty-five percent all City residents and almost no one who lived in lower income areas.
Staff researched options to enhance the brochure, while at the same time maintaining a Iow printing cost, and
other distribution methods. It was determined that direct mail was not only a cost effective option, but also
would reach nearly one-hundred percent of the residences in the City. Based on this information, the City
Council approved staffs recommendation and the necessary funds.
For the past year, the Department has received complaints from many residents who were not receiving the
brochure. Upon investigation, staff discovered that with the growth of the City the number of brochures that
were being printed (85,000) was no longer sufficient to reach all City residents. The current need is to print
and mail 90,000 brochures (note: due to the demand of summer programs, an additional 3,000 brochures are
typically needed).
d
March 4, 2002, 3:15prn
P:~Admin Rpts\Valley Pdnters,wpd
ADMINISTRATIVE REPORT Page 2
At its July 18, 2001 meeting, the council approved a contract with Valley Printers in the amount of $101,735
to print three issues of the brochure. In order to continue the successful distribution of the brochure, it is
necessary to amend the agreement with Valley Printers to provide for the cost of printing the additional copies
needed for both the spring and summer brochures. The Department has identified the necessary funds to
cover the additional $13,000 needed.
March 4, 2002, 3:16pm
P:~Admin Rpts\Valley Printers.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.v.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
March 8, 2002
APPROVED
DEPARTMENT HEAI~
CITY ATTORNEY-
CITY MANAGER
Amendments to On call Civil Engineering services agreements (All wards):
Amendment No. 2 ($100,000; for a total contract amount of $350,000) to Design
Consultant Agreement No. 00-185(1) with Porter-Robertson Engineering and
Surveying, Inc. for additional On Call Civil Engineering Services.
Amendment No. 2 ($100,000; for a total contract amount of $350,000) to Design
Consultant Agreement No. 00-186(1) with Ruettgers & Schuler Civil Engineers for
additional On Call Civil Engineering Services.
Amendment No. I ($100,000; for a total contract amount of $200,000) to Design
Consultant Agreement No. 01-209 with Mclntosh & Associates for additional On Call
Civil Engineering Services.
Amendment No. I ($100,000; for a total contract amount of $200,000) to Design
Consultant Agreement No. 01-210 with Quad Knopf, Inc., for additional On Call Civil
Engineering Services.
RECOMMENDATION: Staff recommends approval of Amendments.
BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on-
call" engineering and surveying services contract with local engineering firms which were selected through
a qualification based selection process. This on-call program provides staff surveying and civil engineering
design services as needed for various City CIP projects. The program has proven to be very effective for
providing timely design and surveying services to the City to enhance CIP project delivery.
Due to current and anticipated work loads for Fiscal Year 2002/03, staff desires to extend these Agreements
for one Fiscal Year. The above amendments extend each of the Agreements' terms to include FY 2002/03,
and increase the total compensation amount for each agreement by $100,000.
No appropriations are necessary for these amendments as these services are paid for from the budgeted ClP
projects funding.
PW-Engr Design - Bill McClure
March 8, 2002, 11:05am
G:\GROUPDA'~ADMINRPT'~002~Mar 20~Amend Design Consult~nts.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.w.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 8, 2002
APPROVED
DEPARTMENT HEAD
CITY ATFORNEY .~
CITY MANAGER
Amendment No. 6 to Agreement No. 92-154- City Manager's Contract
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
This contract amendment implements changes to the City Manager's contract in accordance with the
annual evaluation of Alan Tandy, City Manager, on February 20, 2002, and continued on March 6, 2002, and
includes: (A) a two percent (2%) merit salary increase retroactive to February 15, 2002; (B) an increase in
the amount of City paid deferred compensation from six percent (6%) to (7%) of base salary; and (C) a seven-
year (7) credit to the number of years employed for the purpose of qualification for the City's Retiree Medical
Insurance benefit, effective only if Alan Tandy remains employed through June 30, 2004.
S:\COU NCIL~Admins~Mgr-AgrArnd6.wpd
BJT:las
MR20CA1 .CC
March 8, 2002, 11:09am
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.x.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
March 1, 2002
APPROVED
DEPARTMENT
CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement 97-65 between the City of Bakersfield and Kern-Tech, Inc.,
regarding repayment of economic development loan. (Ward 2)
RECOMMENDA~ON:
BudgetandFinanceCommiEeerecommendsapproval.
BACKGROUND:
This item came before the City Council on February 6, 2002, when it was referred to the Budget and Finance
Committee. The Budget and Finance Committee extensively reviewed the company's current financial
situation and also discussed establishing a lending policy for the city. The Committee recommended the
Economic and Community Development Department draft a loan policy for their consideration in the near
future. The Committee also recommended moving forward with an amendment to the Kern-Tech agreement
at this time and requested a review of their financial condition in six months to determine if loan payments
can be increased. The information below outlines the history of the Kern-Tech loan and details the proposed
amendment.
On March 26, 1997, the City Council approved a 0% interest, five-year loan agreement with Kern-Tech, Inc.,
a manufacturing company located in the Old Town Kern-Pioneer Redevelopment Project Area. Funds for
this loan were Community Development Block Grant (CDBG) monies and were used to help purchase
equipment. In return for this loan, the company agreed to hire 18 new employees over the term of the
agreement. Of those workers hired each year, at least 51% must be Iow- and moderate-income individuals.
The company was given the option of making annual payments of 20% of the loan amount ($33,959.40), or
one balloon payment at the end of the five-year term. Kern-Tech chose the balloon payment option. Security
for the loan is a personal guaranty from the company's two principals, Michael K. Miler and James C. David,
as well as a UCC-1 Security Document on the equipment.
Kern-Tech, Inc., has officially notified us that the company will be unable to make its payment of $169,797
due on March 26, 2002.
DIk:S:~Admins\kern tech amend.wpd
March 12, 2002, 1:26pm
ADMINISTRATIVE REPORT
The company has surpassed the performance requirements of the agreement. As the following table shows,
Kern-Tech created more jobs than were required, and exceeded the 51% level of Iow- and moderate-income
individuals hired.
Required To date
# of new hires 18 41
% of hires who are Iow- and 51% 67.5%
moderate-income individuals
The agreement with Kern-Tech is a repayable loan. Some economic development loans made by the City
of Bakersfield have been repayable and some others were forgivable; in a forgivable loan, one-fifth of the loan
amount is forgiven for each year the borrowing company meets the requirements of the agreement.
Staff has reviewed the financial statements of the company and concur that they can meet the debt service
of the proposed repayment schedule.
The Budget and Finance Committee recommends the company begin making monthly payments of $1,000
commencing April 1, 2002. In October 2002, the Committee and the company will review the company's
financial position and determine whether the company can increase its payments and, if so, by how much.
All security will remain in place.
DIk:S:~Admins\kern tech amend.wpd
March 12, 20{)2, 1:26pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8..y.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
March 7, 2002
CITY ATI'ORNEY
CITY MANAGER ~'~
Amendment No. 1 to Agreement No. 01-146 with Pavement Recycling Systems, Inc. to
add $225,000 (for a total contract amount of $322,500) for cold planing on various
streets within the City.
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Cold planing (street grinding) is a process that is performed on a street which is
scheduled for resurfacing. The original cold planing contract with Pavement Recycling Systems does
not expire until June 13, 2002. Approximately $30,000 is left from the original $97,500 that was
awarded on June 13, 2001.
However, due to an early start on resurfacing projects this year, and the necessity to perform full depth
grinding on some of our major streets that are scheduled for repairs, it is necessary to increase the Annual
Contract for cold planing in order to cover the cost of this additional work. There are sufficient funds in
the current Street Division's operating budget for the increase.
LP:Ip
G:\GROUPDAT~ADMINR PT~200L:~Mar 20~AnnualContract_Cold Planing.wpd
March 7, 2002, 12:47pm
ADMINISTRATIVE
REPORT
IMEETING DATE: March 20, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.z.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 8, 2002
APPROVED
DEPARTMENT HEAD
CITY ATrORN YE~ ~,'~
CITY MANAGER
SUBJECT:
IBM Network Attached Storage (NAS) System
Accept bid to award contract to Jeskell, Incorporated, $111,105.00, to furnish,
'configure and install IBM NAS Gateway system.
Appropriate $112,000.00 Capital Outlay Fund Balance to the Capital Improvement
Budget.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: The databases and servers in the computer room store approximately 1 Gigabyte
(1,000,000,000 bytes) of information representing an ever increasing storage of critical data for the City's
operations. This NAS Gateway will improve the access, backup and disaster recovery options for these
servers that are housed in the M.I.S. computer room in City Hall.
Invitations were sent to six (6) vendors. Four (4) bids were received.
Jeskell, Incorporated
1832 Greenbriar road
Glendale, CA 91207
in the amount of
$111,105.00
IBM Corporation
285 West Bullard, Suite 102
Fresno, CA 93704
in the amount of
$112,696.29
Chouinard & Myhre, Incorporated
22490 Gold Rush Lane
Clovis, CA 93611
in the amount of
$139,930.54
Denver Solutions Group
8100 South Akron Street
Englewood, CO 80112
in the amount of
$200,330.29
P:~ADMIN~002 ADMIN~C02_0320B_revised_ IBM NAS Gateway.w~l
GJK:DW:Ijm
March 12, 2002, 4:54pm
ADMINISTRATIVE
REPORT
I
MEETING DATE: March 20, 2002 I AGENDA SECTION:
I
ITEM: 8.aa.
Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 7, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNE~./~
CITY MANAGER ~/
SUBJECT:
Accept bid to award contract to Conrad Constructors in the amount of $51,580.38 to
supply precast concrete deck units- Kroll Way Bridge (Ward 5).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: In accordance with Agreement 71-67 between the City and California State University,
the City of Bakersfield agreed to provide the campus an easterly access point at Kroll Way. The access
includes a bridge on Kroll Way to cross the Arvin-Edison Canal. The City is coordinating the project with
Cai State University who is currently designing a road on campus to meet the City's project. Completion
of the project is targeted for the beginning of June 2002, before the University's commencement
ceremonies. As a part of the scheduling coordination, the City will furnish concrete deck units to the
contractor for the bridge portion of work.
The project has been scheduled for construction in the 2001-2002 Fiscal year. The Engineer's estimate
for the units is $40,000.
2 acceptable bids were received on March 13, 2002 as follows:
Conrad Constructors
2584 North Locust Avenue
Rialto, CA 92377-4120
In the amount of
$51,580.38
A.T. Curd Structures, Inc.
2239 W. Stonehurst Drive
Rialto, CA 92377
in the amount of
$69,495.00
G:\G RO U P DAT~ADMJN R PT~002~4ar 2(N:J~ck-units.w/xl
REPORT
MEETING DATE: March 20, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 8, 2002
APPROVED
DEPARTMENT HEAD/~/,'~ ~~
CITY MANAGER .~
SUBJECT:
Accept bids from Jim Burke Ford, $67,864.50, and Three Way Chevrolet, $42,726.24, for five
(5) vans [3 additional, 2 replacement]. Total $110,590.74
RECOMMENDATION:
Staff recommends acceptance of bids.
BACKGROUND: Invitations were sent to eleven (11) vendors. Two (2) bids, meeting minimum
specifications, were received, in order to get the best price, staff recommends the award be split as follows:
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93308
Three Way Chevrolet
3800 California Avenue
Bakersfield, CA 93308
3 vehicles.
(City) in the amount of
$67,864.50
2 vehicles
(City) in the amount of $42,726.24
P:~ADMIN~002 ADMIN\C02_0320A Vans_Passenger & Cargo.wpd
GJK:DW:Ijm
March 8, 2002, 8:42arc
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Consent
ITEM: 8.cc.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 4, 2002
APPROVED
DEPARTMENT HEA~--~.
ClTY ATrORNEY~,
ClTY MANAGER
Urban Development Committee Report Number I - 02 regarding recommendation to refer
ordinance amendments related to oil drilling and production to the Planning Commission for
public hearings. (All Wards)
RECOMMENDATION:
The Urban Development Committee recommends acceptance of the report and referral of the draft
ordinances to the Planning Commission for hearing and recommendation.
BACKGROUND:
The Urban Development Committee met on January 14, 2002 and February 11, 2002, and voted
unanimously to forward a recommendation to the City Council to refer ordinance amendments related
to oil drilling and production to the Planning Commission for public hearings.
The Committee reviewed proposed ordinance amendments the Planning Commission has been
considering over the past few months. The revisions were first reviewed by a sub-committee of the
Planning Commission. The sub-committee met 4 times between August 2001 and November 2001.
Oil and building industry representatives attended these sub-committee meetings. In summary, the
proposed amendments are:
Chapter 15.66 (Drillina for and Production of Petroleum):
Standards from Chapters 15.67 (Oil and Gas Production), 17.46 (Drilling Island Zone) and
17.47 (Petroleum Extraction Combining Zone) have been integrated into Chapter 15.66
(Drilling for and Production of Petroleum). Italic represents text from Chapter 15.67. ltalic
underline represents new text.
Chal~ter 15.67 (Oil and Gas ProductionS:
Proposed to be merged with Chapter 15.66. Chapter 15.67 would be deleted.
ADMINISTRATIVE REPORT .age
Chaoter 17.46 (Drillino Island Zone):
Removed provision that limited application of this zone to areas annexed since 1998.
Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply.
Chaoter 17.47 (Petroleum Extraction Combinina Zone):
Removed provision that limited application of this zone to areas annexed since 1998.
Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply.
Title 16 Subdivisions:
Amendment to increase public hearing notice requirement to notify operators of record on file
with DOGGR.
Require 305 foot minimum lot frontage and width of drill sites located within subdivisions.
Chaoter 17.64 CUPs:
Amendment to increase public hearing notice requirement to notify operators of record on file
with DOGGR.
In addition, the Urban Development Committee also recommended inclusion the following changes
for clarification in Chapter 15.66:
Page 8, Section I.:
WellsTwe~ sites and production operations established prior to September 19, 1992,
may continue to o~erate Dursuant to ~ermits issued for them, shall be exempt from the
newprovisionsofthischapter. However, significant changes or modificationsthat necessitate
new permits as required by the C-iee-Mamh~ Director of Prevention Services, or de$1qnee,
or B.Z.A., shall be required to comply with the provisions of this chapter, or obtain
modifications as permitted in Section 15.66.030(E).
Page 12, Section 19:
Site Restoration. Site restoration shall commence within 90 days upon completion of all drilling
and/or production activities or upon abandonment of the well site. Well abandonment will be
conducted in accordance with the regulations of the D.C.C, D.O.G. GoR. Before final
abandonment, all drilling/production equipment shall be removed from the site. Fences shall
be dismantled, all signage removed, and the site regraded so as to break up impermeable
surfaces and fill in all sumps to restore the site as nearly as practicable to a uniform
grade. Temporary earthen sumps may be used for clean-out or remedial work on an
existing well or other production facility. However, these sumps shaft be filled and the
site restored as nearly as practicable to a uniform grade within ninety (90) days afterthe
clean-out or other remedial work is completed. The Reaional Water Quality Control
Board also has additional iurisdiction over sumos ....
Page 13, Section 22:
... The front yard and street side yard setbacks of the zone district in which it ia located
shall reaulate the location of fencinq.
ADMINISTRATIVE REPORT
Page 14, Section 2:
...The front yard and street side vardsetbacks of the zone district in which it is located shall
regulate the location of the wall.
There has been no public opposition to referring these amendments to the Planning Commission for
public hearing. The Planning Commission has scheduled a public hearing for testimony on these
amendments for their April 4, 2002 Planning Commission meeting. Oil and building industry
representatives will be notified of the hearing date. Upon conclusion of the hearing, the Planning
Commi= ;sion will make a recommendation to the City Council.
JENG
(admin~'nar~3-4-oil
ADMINISTRATIVE
REPORT
IOMEETING DATE: March 20, 2002
IAGENDA SECTION: Hearings
ITEM: 9.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 28, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTO R N E Y~j,~*-"**' '
CITY MANAGER
Resolution ordering the vacation of the 5 foot wide pedestrian easement at the north end of
Verdant Court in Tract No. 4110. (Ward 6)
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 periods 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 Notice of Public Hearing.
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.
On February 20, 2002, Council adopted Resolution of Intention No. 1265 declaring its intention to order the
vacation of the 5 foot wide pedestrian easement at the north end of Verdant Court in Tract No. 4110.
This hearing has been duly advertised and posted on site as required by law.
dns
March 4, 2002, 5:33pm
G:\GROUPDAT~ADMINRPT~2002\Mar 20\Verdant Vacation Admin.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 20, 2002 AGENDA SECTION: Reports
ITEM: 10.a.
· TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 13, 2002
APPROVED
DEPARTMENT HEAD.~ ~
CiTY MANAGER~
Budget and Finance Committee Majority Report No.1-02 and Minority Report No. 1-02
regarding Business License Taxes.
Ordinance amending Section 5.02.010 (A) of the Bakersfield Municipal Code relating
to Business License Taxes. (First Reading)
RECOMMENDATION:
The Budget and Finance Committee recommends acceptance of the reports and Council determination on
First Reading of the Ordinance.
BACKGROUND:
On September 5, 2001, the City Council referred the issue of application of the business license ordinance
to owners who rent or lease commercial or residential property to the Budget and Finance Committee for
review and recommendation.
Councilmember Hanson had been contacted by Anthony L. Leggio, Esq. on behalf of Truxtun Business
Plaza after they were notified by the City's Treasury Division to obtain a business license for renting/leasing
of commercial property. Mr. Leggio did not agree with this application of the business license ordinance.
He interpreted the ownership of their rental property to be a "passive investment," as defined by the Internal
Revenue Service because they spent less than 750 hours annually leasing/renting the property and,
therefore, outside the scope of the business license ordinance.
The City Attorney's Office responded to the initial complaint. Municipal Code Section 5.02.010 broadly
defines business as all activity carried on for the purpose of profit without distinguishing how much time is
required to produce revenues or gross receipts. The owners of Truxtun Business Plaza complied and
applied for a business license for rental or leasing of property, but requested review of the ordinance.
The business license tax ordinance has historically been applied to all business activity which generates
"gross receipts" unless otherwise exempted by State or Federal law. This tax is a fee imposed for the
privilege of conducting business in the City and generates revenue to compensate the City for providing
municipal services.
March 13, 2002, 4:32prn
ADMINISTRATIVE REPORT .age 2
The Budget and Finance Committee met on December 6, 2001, January 17, and February 21,2002. The
Committee and staff reviewed the fairness issue at length and considered how to apply the business license
tax to owners who rent or lease commemial or residential properties and still provide for the equal protection
under the law issue.
Staff surveyed several other cities, including the 10 usual survey cities. Eight of the 10 survey cities have
a business license tax for leasing or renting of commercial and residential property. For residential
properties, some of the cities provided for a minimum number of units allowed before the business license
tax was applicable.
The position of the City Attorney's Office in regard to this business license ordinance as currently written,
the licensing is for use of the property for commercial concerns, and not related to the ownership interests
of the property. The original concern of Mr. Leggio was their operation is a passive investment. From a
legal standpoint, it was the City Attorney's opinion the investment is an ownership interest and is not a use
interest. The City is actually taxing the use of the property as a use for commercial rentals.
The City Attorney had concerns regarding the equal protection issue when applying the ordinance. Normally
business licensing is based upon the nexus of the fact the public entity is providing services to businesses.
If the City attempts to separate out "passive investments" and determine it should not be taxed, others
paying the tax and receiving identical services could have a legal challenge that this is not equal application
of the ordinance. Therefore, the City Attorney recommended to apply the business license tax to property
owners who rent or lease commercial properties. For residential properties, he recommended to determine
if a person owns four or more residential rental units (or some set number), that person is conducting a
rental business and, therefore, subject to the business license tax, and ownership of less that four residential
rental units shall not be subject to the business license tax. It was determined the business license tax has
been in the Code for years and is not subject to Proposition 218.
The Finance Director agreed with the City Attorney, but his reasoning was based upon the fact the business
license ordinance is not regulatory; it is a revenue raising measure. The amount of revenue last year was
approximately $20,563 from businesses that rent/lease properties. Current staff should be able to handle
enforcement for 2002-03. The Finance Director recommended to apply the business license tax as broadly
as we legally can to raise revenue. The Finance Director believes passive investment measurement is a
net income approach, while the City ordinance is based on gross receipts. City staff currently performs
gross receipts audits at minimal cost. Audits on a basis other than gross receipts is more costly arid,
therefore, not practical.
Committee Members Hanson and Salvaggio felt the method used to apply the tax needs to be fair and
equitably enforced and agreed with the recommendation of the City Attorney. Therefore, the Majority Report
recommends to apply the business license tax to property owners who rent or lease commercial properties,
and amend the existing ordinance for residential rentals to apply the business license tax to owners who rent
or lease five or more units (four units or less would be exempt from the business license tax).
Committee Chair Maggard dissented from the Majority Report. There are very few property management
businesses in Bakersfield the size someone makes a living from it, and he would like to set a threshold for
application of the business license tax so the casual renter of commercial or residential property would be
exempt.
Committee Chair Maggard stated he does not think the majority report recommendation applies the law
fairly. If people are in the property management business or renting/leasing properties such as the
March 13, 2002, 4:32pm
ADMINISTRATIVE REPORT Pago 3
Marketplace or Valley Plaza, they should have a business license because they are clearly in the business
of managing properties. In contrast, there are many people in Bakersfield who own a few residential rentals
or a commemial property as passive investments that are not in the business of actively making a living
managing or renting properties. Many of these are retirees and should not be subjected to having a
business license and paying tax on gross rental income. The business license tax should not apply to
passive rental of property, whether on a commemial or residential basis. It should apply at the purpose of
the property. If someone leases a building to run a business, then they should have a business license to
run that business, which pays for the services being received from the City. However, by subjecting the
owner of the same building to a business license, there are two business licenses for the same business
and the services are being paid for twice. If the purpose of the property is residential, it does not consume
the same level of City services as does a business and, therefore, the casual investor in residential property
should not be subject to a business license because it is not a business.
Therefore, the Minority Report recommends application of the business license tax for renting or leasing
properties be applied to property management businesses who are clearly in the business of renting and
leasing properties. And further, casual investors who own and rent or lease commercial or residential
properties be exempt from the business license tax.
S:~Darnell',2,002Bud&FinanceCommittee~adminbusinesslicense.wpd
March 13, 2002, 4:32pm