HomeMy WebLinkAbout04/24/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF APRIL 24, 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
(10 min)
WORKSHOP
a. Expanded Emergency Services by San Joaquin Community Hospital
CLOSED SESSION
Conference with Legal Counsel - Potential Litigation
Initiation of litigation pursuant to Subdivision (c) of Government Code Section
54956.9; One potential case.
Conference with Real Property Negotiators pursuant to Government Code Section
54956.8; Property: 1313 Q Street, Bakersfield, CA (APN 006-480-03); Agency
Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald
Anderson; Negotiating Party: Dave G. Cross on behalf of American Home Industries
Corporation; Under Negotiation: Price and terms of payment for purchase.
REGULAR MEETING
1. INVOCATION by Pastor Erick Harm, Stine Road Baptist Church
PLEDGE OF ALLEGIANCE by Matthew White, Cub Scout and 3rd Grade Student, Stockdale
Christian Elementary School
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Rhonda Smiley, of the Public
Employees Roundtable of Kern, proclaiming May 6-10, 2002 as "Public Employees
Recognition Week".
Presentation by Mayor Hall and members of the Keep Bakersfield Beautiful
Committee of Certificates of Appreciation to Mr. John W. Lowrey and Mr. Rick
Rhodes for taking pride in the appearance of their neighborhood.
(Ward 4)
(Ward 6)
(Ward 4)
(Ward 4)
(Ward 3)
PUBLIC STATEMENTS
APPOINTMENTS
CONSENT CALENDAR
Minutes:
a. April 10, 2002 Council Meeting.
Payments:
Payments from March 29, to April 11, 2002 in the amount of $4,979,141.01; and
Self Insurance payments from March 29, to April 11, 2002 in the amount of
$159,878.35.
Ordinances:
Adoption of ordinance adopting a Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-31 ) of Title 17 of the Bakersfield Municipal Code by
changing the zoning from PUD (Planned Unit Development) Zone to Revised PUD
(Planned Unit Development) Zone approving five additional dwelling units for the
Glenwood Gardens Senior Residential Development on 20.33 acres, located at 350
Calloway Drive. (File No. 02-0180) (First reading 4/10/02)
Adoption of ordinance amending Section 1.12.040 of the Bakersfield Municipal
Code by adding Annexation No. 420 to Ward 6, located along the west side of Stine
Road, north of Taft Highway. (First reading 4/10/02)
Adoption of ordinance amending Section 1.12.040 of the Bakersfield Municipal
Code by adding Annexation No. 421 to Ward 4, located along the north side of
Brimhall Road, near Verdugo. (First reading 4/10/02)
Adoption of ordinance amending Section 3.20.105 of the Bakersfield Municipal
Code relating to Contract Procedures. (First reading 4/10/02)
Resolutions:
Resolution adding territory, Area 1-31 (Brimhall, Southport SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution determining that Bioxide (chemical) for sewer odor control and reduction
of sulfide gas levels cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding thereof;
not to exceed $250,000 annually.
Resolution ordering summary vacation of the superseded portions of County Road
No. 912 (Morning Drive) between the north line of Parcel Map No. 2583 and Alfred
Harrell Highway.
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(Ward 4)
(Ward 5)
CONSENT CALENDAR continued
j. Assessment District No. 01-3, (Madison Grove/San Lauren/Mountain
Vista/VVestlake):
Resolution preliminarily approving Engineer's Report, setting date for public
hearing of protests.
Resolution approving form and substance of acquisition and disclosure
agreements and authorizing changes thereto and execution thereof.
Acquisition and Disclosure Agreement with Campus Park
Development, LLC, a California limited liability company.
Acquisition and Disclosure Agreement with Communities at
Westlake, LLC, a California limited liability company.
Acquisition and Disclosure Agreement with Kyle Carter Homes, Inc.
a California Corporation.
Acquisition and Disclosure Agreement with Rosedale Construction
Company, a California Corporation.
Authorization to apply for Proposition 12, Watershed, Wildlife and Parks
Improvement Bond Act of 2000 funds for the replacement of aging Date palms and
development of canopy cover in the Kern City Civic Association right of ways.
Resolution approving the applicant to apply for grant funds for the California
Department of Forestry and Fire Protection Urban Forestry Grant Program
under the Proposition 12 Watershed, Wildlife and Parks Improvement Bond
Act of 2000 in the amount of $50,000.
Resolution determining that the Police Department's Computer Aided Dispatch
(CAD) System cannot be obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding therefore, not to exceed
$1,080,000.
Agreement with Versaterm Inc., not to exceed $1,080,000 for pumhase of
a Computer Aided Dispatch system.
Appropriate $810,000 COPS MORE01 funds from the U.S. Department of
Justice and $270,000 from Asset For[eiture funds to the Capital
Improvement Budget within the Capital Outlay fund for the purchase of a
Computer Aided Dispatch System.
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8. CONSENT CALENDAR continued
(Ward 3)
(Ward 7)
(Ward 6)
(Ward 4)
m. Police Equipment:
1.
Resolution determining the PYXIS Audio Recording System cannot be
obtained through the usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $44,000.
Transfer from the Internal Vehicles - Vehicle Rental account, $44,000 to the
Capital Outlay account for the purchase of a digital recording system for the
purpose of recording police radio traffic and telephone calls in the Police
Department Communications Center.
Agreements:
n. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with Rex L. Martin for Tract 5923,
Phase 2, located east of Kern Canyon Road, south of Chase Avenue.
Final Map and Improvement Agreement with Almond Tree Village for Tract
5941, Phase 4, located north of Berkshire Road, west of Monitor Street.
Agreement with Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter,
Accountancy Corporation, $60,000 for a full scope annual audit of the 2001-02
Fiscal Year.
p. General Plan Amendment/Zone Change No. 02-0030:
Agreement with Castle & Cooke Commercial-CA, Inc. a California
Corporation, for the preparation of an Environmental Impact Report, and
appropriation of $111,600 Developer's Contribution to the Development
Services Operating Budget in the General Fund.
Agreement with Jones and Stokes, $83,676 to prepare an Environmental
Impact Report (EIR) for General Plan Amendment/Zone Change No.
02-0030, located at the southwest corner of Pacheco Road and Gosford
Road.
q. Assessment District No. 02-1 (Avalon/Belsera/Montara/-rhe Woods):
Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal
services.
Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal
services.
3. Agreement with Wilson and Associates, for Assessment Engineering.
-4-
8. CONSENT CALENDAR continued
(Ward 1 )
(Ward 2)
(Ward 3)
(Ward 3)
(Ward 7)
(Ward 1)
(Wards 1,4,5,6)
r. Mobility Opportunities via Education:
V.
W.
X.
aa.
Agreement with Kern County Superintendent of Schools for $370,000 of
U.S. Department of Housing and Urban Development (HUD) FY 2000 EDI -
Special Projects Grant funds for construction of an educational facility at
1515 Feliz Drive.
Appropriate $370,000 of EDI funds to the CDBG Operating Budget for
reimbursement to Kern County Superintendent of Schools.
Property Acquisition:
Purchase Agreement with Joyce Monaco-Olivas, $141,000 to purchase real
property at 1020 & 1022 California Avenue.
Purchase Agreement with Kelle Lyn Perry-Coleman, $49,000 to purchase
real property at 907 13th Street.
Appropriate and transfer $200,000 unanticipated Motor Vehicle In-Lieu
Taxes to the Capital Improvement Budget in the Off-Street Parking Fund for
land acquisition, closing costs, relocation assistance.
Reimbursement Agreement with Equilon Enterprises LLC, not to exceed $51,800
for services in easement acquisition action.
Cooperative Agreement with County of Kern for use of Proposition 12 Funds to
extend the Kern River Bike Path.
Cooperative Agreement with the Department of Transportation, State of California
for realignment of Comanche Road at State Route 178.
Two-Year Lease Agreement with Manbir Singh, M.D. and Taran Singh, $18,495
annually for office space at 3945 Hughes Lane #D.
Amendment No. 1 to Agreement No. 78-146 with the County of Kern to lease real
property, 2.99 acres for an animal shelter located at 201 South Mount Vernon
Avenue.
Amendment No. 2 to Agreement No. 99-334 with outside counsel Duane, Morris &
Heckscher, $100,000 for legal services in the matter of North Kern Water Storage
District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No.
96-172919, total contract not to exceed $250,000.
Bids:
Accept bid from Stewart Electric Supply, Incorporated, $73,387.96 for traffic signal
poles and equipment.
Rejection of bids for Diesel Powered 55 foot Insulated Aerial Device.
-5-
8. CONSENT CALENDAR continued
(Ward 3)
(Wards 1,2)
(Ward 4)
bb. Refuse and Yard Waste Containers for Solid Waste:
Accept bid from Rehrig Pacific Company, $232,625.25 for additional
containers contingent upon Council approval of FY 2002-03 Budget.
Appropriate $62,000 Solid Waste Fund Balance to the Public Works
Operating Budget for the purchase of 1,400 containers prior to June 30,
2002.
Miscellaneous:
cc. Miscellaneous appropriations:
Appropriate $135,000 fund balance to the Capital Improvement Budget
within the Transportation Development Fund and reduce appropriations
$119,500 within the ISTEA Fund and $15,500 within the Gas Tax Fund for
the traffic signal at Mount Vernon and Panorama.
Appropriate $119,500 Federal Funds and $15,500 Fund Balance to the
Capital Improvement Budgets within the ISTEA Fund and Gas Tax Fund
respectively for the traffic signal at Panorama and Church.
dd.
Appropriate $46,000 current available revenues to the Old Town Kern-Pioneer
Operations Funds for a consultant agreement for the preparation of Section 108
Federal Loan Applications and Brownfield Economic Development Initiative (BEDI)
Grant Applications.
ee.
Appropriate $70,882 from Office of Emergency Services to the General Fund Fire
Department Operating Budget for overtime costs in mutual aid assignments.
ff.
Pacific Bell's request for an easement between Chamber Boulevard and Bromley
Way to install underground communication facilities (Windermere Park).
gg.
Authorize a Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block
Grant, (requested by the Kern County Probation Department).
hh.
Convert Office Systems Technician in Management Information Systems Division
(MIS) from temporary to permanent status.
ii. 2002 City Council Goals.
Staff recommends adoption of Consent Calendar Items a. through ii.
-6-
(Ward 2)
(Wards 1,2,3,6)
HEARINGS
Bakersfield High School has filed an appeal of the Board of Zoning Adjustment's
decision to approve CUP No. 02-0090 to Kulbir Bajwa to allow general auto
repairs/sales and a modification to eliminate the requirement for a six-foot high
block wall on the north property line in a C-1 (Neighborhood Commercial) zone,
located at 1700 California Avenue. (Staff comments by Jack Hardisty, Development
Services Director)
Staff recommends denial of the appeaL
Hearing to consider a resolution establishing sewer service user charges for Fiscal
Year 2002-03. (Staff comments by Raul Rojas, Public Works Director)
Staff recommends adoption of the resolution.
Resolution confirming the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures
have been secured against entry or for the abatement of certain weeds, debris and
waste matter. (Staff comments by Jack Hardisty, Development Services Director)
Staff recommends adoption of the resolution.
10.
11.
12,
13.
14.
REPORTS
DEFERRED BUSINESS
NEW BUSINESS
COUNCIL& MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\Counci~AGENDA~002~APR2402.wpd
April 1812002 (11:37am)
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B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
April 19, 2002
TO:
FROM:
THROUGH:
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/~/~
ALAN TANDY, CITY MANAGER
SUBJECT: AGENDA HIGHLIGHTS - APRIL 24, 2002 COUNCIL MEETING
PRE-MEETING
There is one workshop, which is a report on expanded emergency services by San Joaquin Community
Hospital.
There are two closed session items: 1) conference with legal counsel regarding potential litigation; and 2)
conference with real property negotiations regarding 1313 Q Street.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 8c. Ordinance adoptinq a Neqative Declaration and amendin.q the Municipal Code by chanqing the
zoninq from PUD (Planned Unit Development) to Revised PUD, approving five additional dwellinq units for
the Glenwood Gardens Senior Residential Development on 20.33 acres located at 350 Callowa¥ Drive.
This ordinance was given first reading at the City Council meeting on April 10, 2002. No one spoke in
opposition.
Item 8d. Ordinance amendinq the Municipal Code by addin.q an annexation area to Ward 6. The
annexation is located along the west side of Stine Road, generally north of Taft Highway. It consists of
115 acres of land with an estimated population of two. The annexation was approved by LAFCO on
February 26, 2002.
Item 8e. Ordinance amendinR the Municipal Code by addinq an annexation area to Ward 4. The
annexation is located along the north side of Brimhall Road, near Verdugo. It consists of 2.6 acres of land
with an estimated population of two. The annexation was approved by LAFCO on February 26, 2002.
Item 8f. Ordinance amendin.q Municipal Code relatin.q to contract procedures. This ordinance was given
first reading at the City Council meeting on April 10, 2002. No one spoke in opposition.
HONORABLE MAYOR AND CITY COUNCIL
APRIL 19, 2002
PAGE 2
Resolutions:
Item Sq. Resolution of Intention to add territory (Brimhall, Southport SW) 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 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 8h. Resolution determininq that Bioxide (chemical) for sewer odor control and reduction of sulfide
.qas levels cannot be reasonably obtained throuqh the usual biddinq procedures and authorizinq the
Finance Director to dispense with biddinq thereof; not to exceed $250,000 annually. Some areas of
southwest Bakersfield have been experiencing continuous sewer odor problems from the Buena Vista
Trunk Line. Nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District
(District) Policies and can be punishable by a fine. The City has already received a warning to alleviate
the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine.
The Public Works Engineering Department contracted with Carollo Engineers to establish an odor
alleviation program, which recommends the continuous injection of Bioxide. Bioxide is a proprietary
product, patented by U.S. Filters, and is therefore a sole-source product.
Item 8i. Resolution Orderinq Summary Vacation of the superseded portions of County Road No. 912
(Morning Drive) between the north line of Parcel Map No. 2583 and Alfred Harrell Highway. The adopted
Specific Plan Line for Morning Drive has realigned and superseded the original County alignment at
various locations. The road right-of-way for the new alignment has been deeded to the City. The
superseded right-of-way in this area has never been paved or improved for roadway use, and has been
determined to be surplus. The Fire, Police, Public Works, Water Resources, Development Services and
Economic Development Departments have been notified, and none have objected. Utility companies
serving the area have been notified, and they also have no objection. California Water Service recently
constructed pipeline facilities within the Morning Drive specific plan right-of-way and will not be affected by
the vacation. Kern County Roads and Planning Departments, and all adjacent land owners within a 300
foot radius of the vacating area were mailed notice of the proposed vacation, and none have posted any
objections as of the date of this report. On March 21, 2002, the Planning Commission found the vacation
to be consistent with the 2010 General Plan.
Item 8i. Assessment District No. 01-3 (Madison Grove / San Lauren / Mountain Vista / Westlake). The
Resolution preliminarily approves the Engineer's Report, and sets the date for the public hearing to hear
protests on June 12, 2002. There are also Resolutions Approving Acquisition and Disclosure Agreements
with property owners for improvements to be acquired within the boundaries of the Assessment District.
Once the Resolutions are adopted, the next step is to mail notices and have the Assessment Engineer
prepare and file with the City Clerk a Final Engineer's Report, which will be ready for adoption on the June
12, 2002 meeting just after the close of the protest hearing. On March 20, 2002, Council adopted the
Resolution Approving the Boundary Map and the Resolution of Intention.
Item 8k. Authorization to apply for Proposition 12, Watershed, Wildlife and Parks Improvement Bond Act
of 2000 funds for the replacement of aqinq Date Palms, and development of canopy cover in the Kern City
Civic Association right-of-ways. Through a collaborative effort with the residents of Kern City, it was
determined that the planting of shade trees would enhance property value and aesthetic quality of the
development, increase biological productivity, and provide cooling benefits and monetary savings
associated with shade trees. The grant will provide for 75% of the funding required for purchase of plant
material, staking supplies, and tools for volunteers. The additional 25%, which is required to match the
HONORABLE MAYOR AND CiTY COUNCIL
APRIL 19, 2002
PAGE 3
grant, will be achieved with in-kind services such as staff time for planning and volunteer time for planting.
The Resolution will authorize application of grant funds in the amount of $50,000.
Item 81. Resolution determininq that the Police Department's Computer Aided Dispatch (CAD) System
cannot be reasonably obtained throu.qh the usual biddinq procedures and authorizin.q the Finance Director
to dispense with biddinq, in an amount not to exceed $1,080,000. In 2002, the Records Management
System (RMS) was upgraded using Versaterm as the vendor. The last phase of the upgrade is the CAD
system, which must be integrated with the RMS. Versaterm is the only vendor who can meet this
requirement. In September 2001, the Police Department was awarded a COPS MORE01 Grant in the
amount of $810,000 for the CAD upgrade. Staff recommends appropriating this amount, which will then
be combined with $270,000 in Asset Forfeiture Funds to wholly fund the project.
Item 8m. Police Equipment. All police radio and telephone traffic is recorded for internal and court
purposes. The machine used currently malfunctions frequently, and replacement parts are difficult to
obtain. The PYXIS Audio Recording Systems has been identified as the equipment of choice due to its
compatibility with the VESTA Phone System. The VESTA Phone System is manufactured by Plant
Equipment Inc., and is serviced by Pacific Bell, who is the same source for maintenance on the PYXIS
Audio Recording System. This item provides a Resolution determining that the PYXIS Audio Recording
System cannot be obtained through the usual bidding procedures, and authorizes the Finance Director to
dispense with bidding, in an amount not to exceed $44,000. Staff proposes a transfer of $44,000 from the
Internal Vehicles - Vehicle Rental account to the Capital Outlay account for purchase of the System.
A.qree,ments:
Item 8o. Aqreement with Brown, Armstron.q, Paulden, McCown, Hill, Starbuck & Keeter, Accountancy
corporation for a full scope annual audit of FY 2001/02 in the amount of $60,000. Two local CPA firms
submitted proposals to perform the City audit. The Budget and Finance Committee interviewed each firm,
and the Council subsequently accepted the proposal from Brown, Armstrong, et al., who has performed
the City audit for the last 11 fiscal years. The agreement includes a base audit fee of $45,000 for the FY
2001/02 audit, and additional consulting fees of $15,000 to assist the City with implementation issues
regarding new financial reporting requirements imposed by the Governmental Accounting Standards
Board.
Item 8p. A.qreements for preparation of an Environmental Impact Report for General Plan
Amendment/Zone Chanqe No. 02-0030. Castle and Cooke, Inc. is proposing to amend the Land Use
Element of the 2010 General Plan by changing the land use map designation from SI (Service Industrial)
to GC (General Commercial) on 70 acres of land located at the southwest corner of Pacheco Road and
Gosford Road. They are also proposing to change the zoning from M-2 (General Manufacturing) to C-
2/P.C.D. (Regional Commercial/Planned Commercial Development). The proposal, however, has the
potential to significantly impact air quality, noise, traffic and circulation, and biological, cultural, and
agriculture resources. Therefore, preparation of an Environmental Impact Report pursuant to the
California Environmental Quality Act is necessary to proceed with the proposal. One agreement is
provided with Jones and Stokes to prepare the EIR in the amount of $83,676. A second agreement
provides that Castle and Cooke, Inc. will pay all costs associated with the preparation and completion of
the EIR. The total cost for preparing the EIR is $111,600.00, which includes the $83,676.00 for consultant
services and $27,924.00 to reimburse the City of Bakersfield for its costs.
Item 8q. Mobile Opportunities Via Education (MOVE) Proiect. On December 13, 2000, Council approved
a $370,000 application to HUD for FY 2000 EDI - Special Projects. These funds are designated for a
redevelopment project at 1515 Feliz Drive, which is a school site owned and operated by Kern County
Superintendent of Schools (KCSOS). An agreement is proposed with KCSOS in the amount of $370,000
HONORABLE MAYOR AND CITY COUNCIL
APRIL 19, 2002
PAGE 4
for construction of a 3,600 square foot educational facility, with classrooms, parking facilities, and related
site improvements. Staff also proposes to appropriate this amount to the CDBG Operating Budget for
reimbursement to KCSOS. In addition to the grant, KCSOS's contribution is about $140,000, bringing the
total project cost to $510,000.
Item 8s. Property Acquisition. The City has been acquiring properties as they become available to
provide additional parking for the Convention Center/Centennial Garden complex, and/or to facilitate
redevelopment. A commercial property owner of 1020 and 1022 California Avenue contacted the City and
offered to sell the properties for $141,000. The purchase price was based on two independent appraisals,
and includes relocation assistance and all claims for compensation arising from this transaction. There is
also an agreement to purchase property at 907 13th Street for $49,000, which had been listed for sale by
the owner. Appropriation and transfer of $200,000 is being requested for land acquisition, relocation
assistance, and closing costs. On November 16, 2000, the Planning Commission found the acquisition
consistent with the 2010 General Plan.
Item 6t. Reimbursement Aqreement with Equilon for services in easement acquisition action, in an
amount not to exceed $51,800 for services in easement acquisition action. On April 10, 2002, Council
authorized staff to resolve the City of Bakersfield v. Equilon matters for acquisition of sewer trunkline
assessments. As part of the resolution, the City agreed to reimburse Equilon for actual costs incurred by
them for services related to construction of the trunkline, which include: 1) a security fence (not to exceed
$30,000); 2) the use of the City's HazMat team in the event there is hazardous material exposure during
construction (not to exceed $6,000); and 3) relocation of a high voltage electrical line for a water well (not
to exceed $15,800.)
Item 8u. Cooperative Aqreement with Kern County for use of Proposition 12 Funds to extend the Kern
River Bike Path. The City has authority from the State Resources Agency to construct improvements
atong the Kern River Parkway utilizing Proposition 12 grant funds. One of the projects approved by the
State is the extension of the Kern River Bike Path, approximately three miles from C.A.L.M. through the
Lake Ming area to the eastern river parking lot in Kern River County Park. Since this stretch is entirely on
County property, they will be the lead for engineering and construction. The City will be the fund conduit
for payments from the State. On March 19, 2002, the County Board of Supervisors approved this
agreement. Funding for this project is currently budgeted in the Water Resources C.I.P. budget.
Item 8v. Cooperative A.qreement with the Department of Transportation, State of California for
Realiqnment of Comanche Road at State Route 178. The City has been working on a project to align the
intersections of Alfred Harrell Highway and Comanche Road at State Route178. Comanche Road will be
realigned to intersect with Alfred Harrell Highway at S.R.178 and a traffic signal will be installed at the
intersection. Caltrans has agreed to pay for a portion of the project. This cooperative agreement specifies
the obligations of Caltrans and the City regarding construction and operation of the road improvements.
Item 8w. Two-year lease a.qreement with Manbir Sinqh, M.D. and Taran Sinqh for $18,495 annually for
office space at 3945 Hu.qhes Lane #D. In an effort to bring police services closer to the community, the
Police Department is looking to open two satellite offices, one being in the South High School area. This
office will be open dudng typical business hours and will be staffed on a full-time basis by non-sworn
personnel and part-time by sworn officers. The Department expects to provide crime prevention services,
including neighborhood watch and senior safety programs. A community meeting area will be available for
use by area residents. The terms of the lease ara: two-year primary terms with 2 one-year extensions;
and lease of approximately 1,233 square feet with an annual rent of $18,495. The City will pay for
electricity, gas and telephone service, and the landlord will pay for water, trash, sewer, all common area
maintenance charges, and real estate taxes.
HONORABLE MAYOR AND CITY COUNCIL
APRIL 19, 2002
PAGE $
Item 8x. Amendment No. I to A.qreement No. 78-146 with Kern County to lease real property at 201
South Mount Vernon Avenue. On December 5, 1978, Council approved an agreement to lease
approximately five acres to Kern County to construct and operate an animal control shelter. As
consideration, the County agreed to accept animals abandoned within or owned by persons living within
City limits. Over $550,000 worth of improvements were recently completed. The County asks that the
lease be extended by 20 years to allow sufficient time to amortize the improvements. The original lease
would have expired in 2008. This Amendment will extend the term until 2028. In consideration, the
County has agreed to relinquish two of the five acres currently being leased, as it was determined that the
land would not be needed for operations in the foreseeable future.
Item 8y. Amendment No. 2 to Agreement No. 99-334 with outside counsel for legal services in the matter
of North Kern Water Storaqe District v. Kern Delta Water District, et al. The City has generally used the
services of attorney Colin Pearoe, who is now a partner in the firm of Duane, Morris & Heckscher, as
outside counsel on the above-entitled case. Additional funds are required in order to continue the appeal.
The appeals process has run into additional expenses because of an unusual round of settlement
conferences ordered by the Fifth District Court of Appeals. This Amendment would add $100,000 to the
Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $250,000.
Sufficient funds exist in the Water Resources budget to cover this fiscal year's expenditures, and are being
included in the proposed FY 2002/03 budget.
Bids:
Item 8z. Award bid to Stewart Electric Supply, Inc. for traffic siqnal poles to be used in Capital
Improvement Signal Proiects in the amount of $73,387.96. Four acceptable bids were received. Staff
recommends award to Stewart Electric Supply.
Item 8aa. Reiection of bids for Diesel Powered 55 foot Insulated Aerial Device. Four bids were received,
however, none met the minimum specifications. The Fleet Services Division will review the specifications
and consider revisions to enable greater participation from vendors at the time of rebid.
Item 8bb. Refuse and Yard Waste Containers for Solid Waste. An additional 1,400 greenwaste
containers are needed prior to June 30, 2002 to keep up with the demand and provide timely services to
residents. Two acceptable bids were received. Staff recommends award to Rehrig Pacific Company in
the amount of $232,625.25. Of this total, an appropriation of $62,000 is proposed, with the balance
contingent upon Council approval of the FY 2002/03 budget.
Miscellaneous:
Item 8cc. Miscellaneous Appropriations. These appropriations transfer federal funding of the originally-
budgeted traffic signal at Mount Vernon and Panorama to a new traffic signal at Mount Vernon and
Church, and replaces the Mount Vernon/Panorama signal funding with TDF funding. Initially, the Mount
Vernon/Panorama signal was budgeted using ISTEA funds. After design was complete, Council asked
that the signal location be moved to Mount Vernon and Church. KernCOG approved the project last fall,
and the Federal paperwork was approved shortly thereafter. Since the Mount Vernon/Panorama signal is
on the list of transportation facilities to be funding by TDF, and the signal plans are complete, staff
proposes to construct both signals as one project using Federal funds for Mount Vernon/Church and TDF
for Mount Vernon/Panorama.
HONORABLE MAYOR AND CITY COUNCIL
APRIL 19, 2002
PAGE 6
Item 8dd. Appropriate $46,000 current available revenues to the Old Town Kern-Pioneer Operations
Funds for a consultant aqreement for the preparation of Section 108 Federal Loan Applications and
Brownfield Economic Development Initiative (BEDI) Grant Applications. At the March 6, 2002 Council
meeting, staff was authorized to pursue preparation of Section 108 Federal Loan applications and BEDI
grant applications. Staff would like to use Mark Briggs, a special grant consultant, to submit the
applications. Current revenues are available in the Old Town Kern operating fund, which was selected
because this project area will likely be a key beneficiary of a portion of the loan and grant funds. On April
15, 2002, the Bakersfield Redevelopment Agency approved an agreement with Mark Briggs, Grant
Consultant, in the amount of $46,000.
Item 8ee. Appropriate $70,882 from Office of Emerqency Services to the General Fund Fire Department
Operating Budqet for overtime costs in mutual aid assignments. The Fire Department was involved in
three separate Strike Teams due to Mutual Aid requests and was reimbursed from the Office of
Emergency Services. The total amount reimbursed was $116,252. Staff is requesting that $70,882 be
appropriated to the Fire Department to reimburse overtime costs. The remaining $45,370 will remain as
General Fund revenue.
Item 8ff. Pacific Bell's request for an easement between Chamber Boulevard and Bromley Way to install
underqround communication facilities (Windermere Park). Pacific Bell requested the City grant them a 10-
foot wide easement to extend communication services from one subdivision to another. This request was
reviewed by Property Management and Recreation and Parks, and it was decided it was only necessary to
grant an easement of 145 feet. It was also determined that it will not interfere with the public's use of the
park.
Item 8,q,q. Waiver of Sub-Grant Award to Juvenile Accountability Incentive Block Grant. Grant funds in the
amount of $52,600 were allocated for the Bakersfield area for FY 2001/02; however, the City has no
eligible use for the monies. The City received a request from the County's Chief Probation Officer for the
City Manager to sign a waiver allowing the Probation Department to access these funds. The State which
administers the program requires the waiver in order for the Probation Department to access the funds.
The grant requires a 10% match, for which the County will be responsible. The waiver would be for this
year only.
Item 8hh. Convert Office Systems Technician in Manaqement Information Services from Temporary to
Permanent Status. For three years, we have used an intern hired through our temporary employment
agency to design the web page and make necessary content changes, which are significant in number
and ongoing. With the current backlog of projects and the new services being offered, staff is
recommending that the existing temporary position be converted to permanent status. There will be no
budgetary impact on the MIS Division in the General Fund. Because this proposed position is so
specialized, Human Resources is planning to analyze the job title, specifications, and pay in relation to
similar positions in the changing high tech job market. If the results of their work necessitate changes to
the job description to more accurately describe the qualifications and job duties of the position, staff will
come back to the Council for approval at a later date.
Item 8ii. 2002 City Council Goals. The proposed 2002 City Council goals were updated during recent
Council workshops. They continue to incorporate many items identified in the Vision 2020 report. The
Council may choose to make additional modifications, as desired.
HONORABLE MAYOR AND CITY COUNCIL
APRIL 19, 2002
PAGE 7
HEARINGS
Item 9a. Appeal by Bakersfield High School of the Board of Zoning Adjustment's decision to approve a
CUP No. 02-0090 to Kulbir Baiwa to allow general auto repairs/sales and a modification to eliminate the
requirement for a six-foot high block wall on the north property line in a C-1 (Neiqhborhood Commercial)
zone, located at 1700 California Avenue. The applicant requested a CUP to allow general auto repairs on
a site originally constructed and used as a service station adjacent to Bakersfield High School and the
Harvey Auditorium. The applicant plans to do all mechanical working within existing service bays to help
reduce any associated noise and minimize adverse impacts to surrounding properties. He also proposes
to display vehicles for sale under one of two canopies on site. The High School would like a block wall
between the properties; however, the ordinance would require it only along a property line adjacent to
property zoned residential. The property to the north is zoned residential; however, it is developed as a
parking lot. The BZA found that a block wall would serve no useful purpose, and suggested the applicant
and school share the cost of a wrought iron fence. The applicant is agreeable, but the School Board must
decide on behalf of the school. The BZA found that the use was consistent with the historical use of the
site, and similar automotive services exist in the general vicinity. The BZA unanimously apprbved the
proposed use and waived the wall requirement subject to conditions.
Item 9b. Hearin.q to consider a resolution establishinq sewer service user charges for Fiscal Year 2002-
03~ No increase in sewer user charges is proposed for Fiscal Year 2002-03, with the exception of the
following users whose fees are being phased in over a three-, five-, or seven-year period: 1) Hospitals,
year two of a seven year phase-in period: $39.68 to $44.86 per bed; 2) Schools, Day Care Centers, year
two of a five year phase-in period: $3.79 to $4.01 per student; and 3) Surcharge Schedule - Commercial
and Industrial, year two of a three year phase-in period: Flow, MG $597.00/MG/yr. to $722.00/MG/yr.
Discussions regarding these phased-in rate increases were conducted with the City Council and the
Budget & Finance Committee during the Fiscal Year 2001-2002 budget process in order to update the
City's Revenue Program. The phasing-in of these fees offered the least impact to these users, while still
complying with State regulations. Sewer user charges are collected with property taxes by the Kern
County Tax Collector pursuant to the Bakersfield Municipal Code.
AT:AC:al
cc: Department Heads
City Clerk's Office
News Media File
MEETING DATE:
ADMINISTRATIVE REPORT
April 24, 2002
AGENDA SECTION: Workshop
ITEM: 2. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
April 12, 2002
APPROVED
DEPARTMENT HEAD
CITY A'I-rORNEY
CITY MANAGER
Expanded Emergency Services at San Joaquin Community Hospital
RECOMMENDATION:
BACKGROUND:
Mr. Doug Lafferty, President of San Joaquin Community Hospital, will present their plans for a new wing,
which will double the emergency department and relocate the entrances. The results will be improved
access to emergency services for both ambulances and walk-ins.
ADMINISTRATIVE
REPORT
IMEETING DATE: April 24, 2001
AGENDA SECTION: Closed Session
ITEM: 3. a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
April 11,2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Conference with Legal Counsel -- Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
One (1) potential case.
RECOMMENDATION:
BACKGROUND:
BJT:lsc
April 11, 2002, 1:12pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Closed Session
ITEM: 3. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
April 11, 2002
APPROVED
DEPARTMENT HEAD.~
CITY ATTORNEY~
CITY MANAGER
Conference with Real Property Negotiators pursuant to Government Code section 54956.8
Property: 1313 "Q" Street, Bakersfield, CA (APN 006-480-03)
Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald
Anderson
Negotiating Party: Dave G. Cross on behalf of American Home Industries Corporation
Under Negotiation: Price and terms of payment for purchase
RECOMMENDATION:
BACKGROUND:
BJT:lsc
April 5, 2002, 8:28am
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Presentations
ITEM: 5.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
DEPARTMENT H EAD.~__
March 29, 2002
CITY ATFORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Rhonda Smiley, of the Public Employees
Roundtable of Kern, proclaiming May 6-10, 2002, as "Public Employees Recognition Week".
RECOMMENDATION:
BACKGROUND:
March 29, 2002, 11:25am
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Presentations
ITEM: 5. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 12, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
VF~r~
Presentation by Mayor Hall and members of the Keep Bakersfield Beautiful Committee of
Certificates of Appreciation to Mr. John W. Lowrey and Mr. Rick Rhodes for taking pride in the
appearance of their neighborhood.
RECOMMENDATION:
BACKGROUND:
April 12, 2002, 11:52am
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 12, 2002
Minutes of the Regular Council Meeting April 10, 2002.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY N/A
CITY MANAGER ,~
RECOMMENDATION:
BACKGROUND:
bz
S:\Council~admins~002~,P R2402.wpd
April 12, 2002, 9:14am
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 11, 2002
APPROVED
DEPARTMENT H EAD,/'/~
CITY ATTORNEY
CITY MANAGER
Approval of department payments from March 29, 2002 to April 11, 2002 in the amount of
$4,979,141.01 and self insurance payments from March 29, 2002 to April 11, 2002 in the
amount of $159,878.35.
RECOMMENDATION:
Staff recommends approval of payments totaling $5,139,019.36.
BACKGROUND:
S:\KimG\Forms & Lables~ADMIN-AP.wpd
kig
ADMINISTRATIVE
REPORT
IMEETING DATE: April 24, 2002
AGENDA SECTION: Consent
ITEM: 8. c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 5, 2002
APPROVED
DEPARTMENT HEA~
CITY A'FI'ORNEY/,/~ ,/
/ f
ClTY MANAGER ~
An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 102-31 ) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from
PUD (Planned Unit Development) Zone to Revised PUD (Planned Unit Development) Zone
approving five additional dwelling units for the Glenwood Gardens Senior Residential
Development on 20.33 acres located at 350 Calloway Drive. (File # 02-0108) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on April 10, 2002.
Careage Inc., the owner of the Glenwood Gardens development, applied for a revised PUD (Planned
Unit Development) zone to allow an additional 19 independent living dwelling units. On March 7, 2002,
the Planning Commission adopted a resolution recommending the City Council approve five additional
dwelling units for the Glenwood Gardens Senior Residential development located at 350 Calloway
Drive. The dwelling units would be a mix of single family and duplex "cottages" with the same
assistance, meal, activity, and transportation services as the existing residential apartments. These
units would be built in the eastern end of the development in place of a previously approved 15,000
square foot office building that was to house doctor's offices, learning and fitness center and employee
child care.
Although the applicant requested 19 dwelling units, only 5 additional dwelling units are allowed for the
project site because there are 143 existing dwelling units known as independent living units. A
maximum of 148 dwelling units is allowed on the subject site under the Low Density Residential (LR)
designation on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. The LR
designation allows less than or equal to 7.26 dwelling units per net acre (20.33 net acres X 7.26 =
148 dwelling units). The skilled nursing and assisted living facilities are considered congregate care
and not individual dwelling units; therefore not subject to the LR Land Use designation.
April 5, 2002, 10:49am
ADMINISTRATIVE REPORT Page 2
The additional five units would be chosen from the eleven structures shown on the site plan may be
a combination of single family or duplex units at the applicant's choice (Exhibit "3"). The applicant has
indicated they intend to apply for a General Plan Amendment to increase the density and request
approval of the remaining 11 units.
The applicant's proposed revision to the PUD (Planned Unit Development) zone is summarized below:
143 un t ndependent living facility 149,500
(3 story retirement apartment budding)
(Constructed)
119 unit (bed) assisted living facility 72,900
(2 story building) (Constructed)
120 bed skilled nursing facility 58,900
(1 story building) (Constructed)
Outdoor amphitheater and fountain (Constructed) n/a
Elim nate Doctor's offices Learning Center, Fitness 15,C3,~,
Center and Employee day care bud ng
Propose Single family dwelling (one-story) 3 units
Propose Duplex dwelling (8, one-story structures) 16 units
(Total 19 units proposed)
The services that were to be housed in the 15,000 square foot office building are provided in each of
the existing buildings on the campus. Each of the existing buildings has its own exercise room, therapy
rooms, recreation rooms, learning area such as a craft room or library, and offices for visiting doctor's
to use. The applicant has stated that employees prefer to provide their own child care rather than have
an on-site facility. Some of the proposed units are located in the area reserved for future expansion
of the skilled nursing facility. No footprint of the expansion was approved with the current PUD zone
(file # P98-0331). Expansion of the skilled nursing is not needed now.
The applicant states the proposal is to respond to market forces. Their customers/clients have
expressed a desire to have independent living units in the form of detached single family and duplex
units, the applicant refers to as "cottages." The applicant states the proposed change would lessen
the impacts in all areas of the development.
The applicant states they have posted notices of this proposed PUD change in the existing facilities
on the campus and not received any negative comment. A letter from the Glenwood Gardens
Marketing Manager states that at the Independent Living Resident Council February 4, 2002 meeting
response was very positive of the proposed change.
The Negative Declaration adopted with the previously zone change (#P98-0331) is adequate for this
proposed Zone Change #02-0108.
JE
(adrnin'~pr\4-24-0108)
April 5, 2002, 10:49am
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent
ITEM: 8.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 2, 2002
APPROVED
DEPARTMENT HEAD .~
CITY A'I'I'ORN E¥ ~
CITY MANAGER ./~
SUBJECT:
An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation
No. 420 to Ward 6, located along the west side of Stine Road, generally north of Taft Highway.
(Ward 6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council held the first reading of the Ordinance on April 10, 2002.
This Ordinance amends the ward boundaries to include Annexation No. 420 area into the
corresponding Council ward. The annexation was approved by LAFCO on February 26, 2002.
Estimated
Annexation Ward NO. Pooulation
Annexation No. 420 6 2
Annexation No. 420 is located along the west side of Stine Road, generally north of Taft Highway.
The site consists of 115 acres of land. The site is currently undeveloped. The property owner has
requested annexation to receive city services.
(MO:pjt)
(ad min\apr~4-24\420a)
April 2, 2002, 3:24prn
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent
ITEM: 8.e,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 2, 2002
APPROVE[)/
DEPARTMENT HEAD/~/~'~
A O..EV /
CITY MANAGER ,~
SUBJECT: An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation
No. 421 to Ward 4, located along the north side of Brimhall Road, near Verdugo. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council held the first reading of the Ordinance on April 10, 2002.
This Ordinance amends the ward boundaries to include Annexation No. 421 area into the
corresponding Council ward. The annexation was approved by LAFCO on February 26, 2002.
Estimated
Annexation W~rd No. Pooulation
Annexation No. 421 4 2
Annexation No. 421 is located along the north side of Brimhall Road near Verdugo. The site consists
of 2.6 acres of land. The site is currently developed with a single family residence. The property
owner has requested annexation to receive city services.
(MO:pjt)
(adrnin\apr~4-24\421a)
April 2, 2002, 3:25pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. f.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 20, 2002
APPROVED
DEPARTMENT HEAD
CITY ATFORNEY~
CITY MANAGER
An Ordinance Amending Section 3.20.105 of the Bakersfield Municipal Code Relating to
Contract Procedures.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
Section 3.20.105C of the Bakersfield Municipal Code requires City Council authorization of all
contracts under which the City is obligated to pay more than twenty-five thousand dollars ($25,000.00). Even
if a third party will ultimately be responsible for the payment, the Council must authorize the contract.
The City Council has authorized a residential rehabilitation loan program under which the City loans
property owners federal money (CDBG or HOME) to rehabilitate single-family residences. Recently, the
Council set the maximum amount of money which may be loaned under that program at seventy thousand
dollars ($70,000.00). When a property owner receives a rehabilitation loan, they must sign a contract with
the City, a promissory note and a deed of trust.
This amendment will permit those loan contracts which do not exceed the maximum dollar amount
adopted by the Council to be executed without coming before the City Council for authorization.
First reading was given April 10, 2002.
S:\COU NClL~Admins\3.20.105amendsrwpd.wpd
AP24CA.CC
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M Rojas
Public Works Director
April 5, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Resolution adding territory, Area 1-31 (Brimhall, Southport SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On April 10, 2002 the Council adopted Resolution of Intention No. 1268 to add territory, Area
1-31 (Brimhall, Southport SW), to 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
park and street landscaping for Tentative Tract No 6038. Area 1-31 is generally bounded by Brimhall Road
on the north, Southport Way on the east, Rowland Avenue on the south and a line 1/8 mile west of Southport
Way on the west. This area will be under the park and streetscape zones of benefit and will be assigned the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives the
public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite
the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a
Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated
Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has
been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy
of this covenant is attached for reference.
Lvd
Apdl 2, 2002, 3:10PM
G:\G ROU PDA'r~ADMINRPT~2002~Apr 24\MD1-31re02.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 11, 2002
APPROVED
DEPARTMENT HEAD~_-~v
CITY ATTORNEY ~--~')
CITY MANAGER
Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide
gas levels cannot be reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding thereof; not to exceed $250,000
annually.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Some areas of southwest Bakersfield have been experiencing continuous sewer odor
problems from the Buena Vista Trunk Line which is becoming a nuisance to residents and businesses.
Nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District)
Policies and can be punishable by a fine. The City has already received a warning to alleviate the nuisance
odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine. The Public Works
Engineering Department contracted with Carollo Engineers to establish an odor alleviation program, which
recommends the continuous injection of Bioxide. Bioxide is a proprietary product, patented by U.S. Filters,
and is therefore a sole-source product.
The Finance Director has determined that Bioxide can only be reasonably obtained from one vendor, U.S
Filters, because of patent restrictions and the need to continually inject the product to control odors in the
Buena Vista sewer line.
d[3s
April 11, 2002, 12:01 pm
G:\GROUPDAT~ADMINRPT~2002~Apr 24~bioxide Admin.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: ~,i.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 11, 2002 CITY ATTORNEY ,
CITY MANAGER
SUBJECT:
Resolution Ordering Summary Vacation of the superseded portions of County Road No. 912
(Morning Drive) between the north line of Parcel Map No. 2583 and Alfred Harrell Highway.
(Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The adopted City of Bakersfield Specific Plan Line for Morning Drive has realigned and
superseded the original County alignment for Morning Drive (Co. Rd. No. 912) at various locations. The road
right-of-way for the new alignment between the north line of Parcel Map 2583 and Alfred Harrell has been
deeded to the City.
The superseded right-of-way in this area has never been paved or improved for roadway use and has been
determined to be surplus by City Public Works.
The City, Fire, Police, Public Works, Water Resources, Development Services and Economic Development
Departments have been notified and none have objected to the proposed vacation.
The utility companies serving the area have been notified by mail and they have indicated they have no
objection to the vacation. California Water Service Company has recently constructed pipeline facilities within
the Morning Drive specific plan right-of-way and will not be effected by the vacation.
Kern County Roads and Planning Departments and all adjacent land owners within a 300 foot radius of the
vacating area have been mailed notice of the proposed vacation and none have posted any objections as of
the date of this report.
Public Works is proposing the vacation by the summary process pursuant to Streets and Highways Code
Section 8330 relating to superseded public roadway.
The City Planning Commission at its meeting of March 21,2002, heard the proposal and found the vacation
to be consistent with the Metropolitan Bakersfield 2010 General Plan.
dns
Apd111, 2002, 4:50pm
G:\GRO UP DAT~ADMIN RPT~2.002~Apr 24\VacCoRd 912Admin.wpd
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 4, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY /~/~
CITY MANAGER
Assessment District No. 01-3, (Madison Grove / San Lauren / Mountain Vista / Westlake).
Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of
protests.
Resolution Approving Form and Substance of Acquisition and Disclosure Agreements and
Authorizing Changes Thereto and Execution Thereof.
(Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On March 20, 2002, Council adopted the Resolution Approving the Boundary Map and
the Resolution of Intention.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing to hear
protests on June 12, 2002.
The Resolution Approving the Acquisition and Disclosure Agreements are agreements between the City and
the Property owners for improvements to be acquired by the City within boundaries of Assessment District No.
01-3.
Once the Resolutions are adopted, the next step is to mail notices and have the Assessment Engineer prepare
and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be ready for Council's
adoption on the June 12, 2002 meeting just after the close of the protest hearing.
The Preliminary Engineer's Report is on file at the City Clerk's OffiCe.
G:\GROUPDAT~ADMINRPT\2002~Apr 24~AD 01-3prelrpt.wpd
April 4, 2002, 5:06PM
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Director of Recreation and Parks
Apd112, 2002
APPROVED
DEPARTMENTHEAD~
CITY ATTORN Ey,~/~27---
CITY MANAGER ..~J
Authorization to Apply for Proposition 12, Watershed, Wildlife and Parks Improvement Bond Act
of 2000 funds for the replacement of aging Date palms and development of canopy cover in the
Kern City Civic Association right of ways.
1). Resolution of the City Council for the City of Bakersfield Approving the Applicant to Apply
for grant funds for the California Department of Forestry and Fire Protection Urban Forestry
Grant Program under the Proposition 12 Watershed, Wildlife and Parks Improvement Bond Act
of 2000 in the Amount of $50,000. (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In March 2000, California voters approved Proposition 12, Watershed, Wildlife, and Parks Improvement Bond
Act of 2000. This act provides funding for competitive distributions to agencies such as the City of Bakersfield.
Beginning in June of 2001, a continuing dialog was opened with the home and condominium owners of the Kern
City housing development to discuss the replacement of the many Date palms pruned annually by the city of
Bakersfield. The residents of Kern City were introduced to the underlying concepts of urban forestry and the
reoccurring financial cost to the city to maintain the palms. Through a collaboration effort, it was determined
that the planting of shade trees would enhance property values and aesthetic quality of the development and
increase the biological productivity, cooling benefits, and monetary savings associated with shade trees in the
urban environment.
This grant application, for the Proposition 12 Watershed, Wildlife and Parks Improvement Bond Act of 2000, if
successful will provide 75% of the funding for the Kern City Reforestation Project for the purchase of plant
material, staking supplies, and tools for volunteers to complete the project. The additional 25% funding, which is
required to match for the grant, wilt be achieved with in-kind services such as staff time for planning and
volunteer time necessary for the physical planting of trees.
The Kern City Reforestation project will move the city closer to its goal of 30% shade canopy by improving an
under-developed portion of the urban forest and providing the City of Bakersfield additional benefits in reduction
of heat island effect, air and noise pollution.
pg Page l
Apd112, 2002, 10:39AM
CSBUF Doc's'~2002iAdministrative r~port~prop 12 grant 2002.2003 adminreport.doc
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
April 18, 2002
APPROVED
DEPARTMENT HEA~
C A OR.EV
MA.AGER
SUBJECT: 1.
Resolution determining that the police department's Computer Aided Dispatch (CAD)
system cannot be obtained through the usual bidding procedures and authorizing the
finance director to dispense with bidding therefore, not to exceed $1,080,000.
Agreement with Versaterm Inc., not to exceed $1,080,000 for purchase of a Computer
Aided Dispatch System.
Appropriate $810,000 COPS MORE01 funds from the U.S. Department of Justice and
$270,000 from Asset Forfeiture funds to the Capital Improvement Budget within the
Capital Outlay fund for the purchase of a Computer Aided Dispatch System.
RECOMMENDATION:
Staff recommends adoption of the resolution, approval of the agreement, and appropriation of the funds
thereof.
BACKGROUND:
The Police Department's Computer Aided Dispatch (CAD) system was last updated in 1999. In 2002, the
Police Department has upgraded the Records Management System (RMS), with the vender being Versaterm.
The department will also be implementing mobile data computers into patrol vehicles in the Fall of 2002.
The last phase of upgrade for police information systems is the Computer Aided Dispatch (CAD) system
project.
The Police Department and City staff have researched and evaluated information systems for the last
eighteen month period. This included site visits to Tampa Police Department and Salt Lake City Police
Department. Also, an evaluation of seven different vendors. The Versaterm product was identified by staff
rcu
April 18, 2002, 11:59am
p:XAD MRP'~CAD- RMS2.wpd
ADMINISTRATIVE REPORT Page 2
as the information system for the Bakersfield Police Department. Versaterm is a proprietary information
system and since the department is in contract with Versaterm regarding the Records Management System
(RMS), this is the only vendor who can provide an integrated system.
It is essential for police operations to have the Computer Aided Dispatch (CAD) and Records Management
Systems (RMS) be integrated. Versaterm is the only vendor who can meet this requirement. This fully
integrated system will allow officers to receive critical information in a seamless manner and to complete
reports in the field with their mobile data computers.
In September of 2001, the Bakersfield Police Department was awarded a COPS MORE01 Grant in the
amount of $810,000, for the Computer Aided Dispatch System (CAD) upgrade project. The department will
also use $270,000 in asset forfeiture monies. These two revenue sources will finance the complete project
without any impact on the City.
Due to the need to integrate into an existing system, staff requests the finance director be authorized to
dispense with bidding and acquire the Computer Aided Dispatch (CAD) system through a sole source
resolution.
rcu
April 18, 2002, 11:59am
p:~ADMRP'~CAD-RMS2.wpd
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
April 8, 2002
DEPARTMENT HEAD /A~P '/~O._vED
CITY A'FrORNEY
CITY MANAGER
Police Equipment
Resolution determining the PYXIS Audio Recording System cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $44,000.00.
Transfer from the Internal Vehicles - Vehicle Rental account, $44,000.00 to the Capital
Outlay account for the purchase of a digital recording system for the purpose of
recording police radio traffic and telephone calls in the Police Department
Communications Center.
RECOMMENDATION:
Staff recommends adoption of resolution and approval of transfer.
BACKGROUND:
$44,000.00 in Internal Vehicles-Vehicle Rental account funds is being requested for the purchase of a PYXIS
Audio Recording System from Plant Equipment Inc., through Pacific Bell. The PYXIS Audio Recording
System allows for the recording of all police radio and telephone traffic in the Communications Center and
later reproduction of this material for internal and court purposes. The current machine is unreliable, in that
it frequently malfunctions, which compromises the integrity of official recordings. Additionally, pads for this
machine are diffi'cult to locate, and are very expensive. The PYXIS Audio Recording System has been
identified as the equipment for purchase due to it's compatibility with the VESTA Phone System, which is also
manufactured by Plant Equipment Inc., and has been in successful use in our Communications Center since
1998. Service on the VESTA Phone System has been exceptional with Pacific Bell, and this is the same
source for maintenance on the PYXIS Audio Recording System.
rcu
April 8, 2002, 2:22pm
P:~ADMRPT~Police Equipment.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.n.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: April 3, 2002
SUBJECT:
(1)
(2)
Tract Maps/Improvement Agreements
APPROVED
DEPARTMENT HEAD //~ _.
CITY ATTORNEY
CIT~MANAGER
Final Map and Improvement Agreement with Rex L. Martin for Tract 5923 Phase 2
located east of Kern Canyon Road and south of Chase Avenue. (Ward 3)
Final Map and Improvement Agreement with Almond Tree Village for Tract 5941
Phase 4 located north of Berkshire Road and west of Monitor Street. (Ward 7)
RECOMMENDATION: Staff recommends approval of the Agreements
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such Improvements include , but are not limited to, streets,
sewer, storm drain, and landscaping on or adjacent to the property being
subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS ARE
FILED IN THE CITY CLERK'S OFFICE FOR REVIEW.
PE: uts
G:\GROUPDAT~ADMINRPT~2002',Apr 24\MAPS&IMPAGR.wpd
April 3, 2002, 155pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 9, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORN E/~y ~j,~~L'-
CITY MANAGER
Agreement with Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter, Accountancy
Corporation ($60,000) for a full scope annual audit of the 2001-02 fiscal year.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In March 2000, inquiries were sent to approximately 80 local CPA firms, with 5 firms expressing an interest
in the City Audit. Requests for Proposals were sent to the interested audit firms. Two firms submitted
proposals which were reviewed by the Finance department. Both proposals were sent to the Budget and
Finance Committee with a recommendation to interview each firm. The Budget and Finance Committee
interviewed both firms and the City Council subsequently accepted the proposal from Brown, Armstrong,
Paulden, McCown, Hill, Starbuck & Keeter to preform a full scope audit of the June 30, 2000 Annual Financial
Reports for the City and related corporations for a not to exceed price of $39,500. The audit firm of Brown,
Armstrong, Paulden, McCown, Hill, Starbuck & Keeter has performed the City audit for the last eleven fiscal
years.
The Request for Proposal issued in March 2000 contemplated a five year commitment with the selected firm,
with the 1999-00 fiscal year being year 1 of 5. In March 2001 the Council approved an agreement for the
2000-01 fiscal year audit (year 2 of 5) for $42,500 (a 7.5% increase from year 1).
The agreement referenced above includes a base audit fee of $45,000 related to the audit for the 2001-02
fiscal year (year 3 of 5) and additional consulting fees of $15,000 to assist the City with implementation issues
regarding new financial reporting requirements imposed by the Governmental Accounting Standards Board
(GASB 34). The difference in cost for the base audit from year 2 to year 3 represents a 5.9% increase.
S:\KimG\Fen~s & Lables~ADMIN-BrownArmstmgAgrmnt.wr4d
klg
ADMINISTRATIVE
REPORT
IMEETING DATE: April 24, 2002
IAGENDA SECTION: Consent
ITEM: 8. p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 2, 2002
APPROVED
DEPARTMENT HE.I~
CITY ATTORNEY 'J~"~
/
CITY MANAGER
Agreements for preparation of an Environmental Impact Report for General Plan
Amendment/Zone Chan(]e No. 02-0030. (Ward 6)
1)
Agreement between Castle & Cooke Commercial-CA, Inc. a California Corporation and
the City of Bakersfield for the preparation of an Environmental Impact Report and
appropriate $111,600.00 developer's contribution to the Development Services
Operating Budget in the general fund.
2)
Agreement between Jones and Stokes and the City of Bakersfield for $83,676.00 to
prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone
Change No. 02-0030, generally located at the southwest corner of Pacheco Road and
Gosford Road.
RECOMMENDATION:
Approve agreements and appropriation.
BACKGROUND:
General Plan Amendment/Zone Chan(3e No. 02-0030: Castle and Cooke, Inc. is proposing to amend
the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use
map designation from SI (Service Industrial) to GC (General Commercial) on 70 acres of land located
at the southwest corner of Pacheco Road and Gosford Road. Castle and Cooke, Inc. is also
proposing to change the zoning from M-2 (General Manufacturing) to C-2/P.C.D. (Regional
Commercial/Planned Commercial Development). The proposal however has the potential to
significantly impact the following environmental resources: air quality, noise, traffic and circulation,
biological resources, cultural resources, and agriculture resources. Therefore, preparation of an
Environmental Impact Report pursuant to the California Environmental Quality Act is necessary to
proceed with the proposal.
April 3, 2002, 10:30am
ADMINISTRATIVE REPORT Page 2
Applicant-City Agreement:
This agreement sets forth the role and financial responsibility of the City of Bakersfield and Castle
and Cooke, Inc. regarding the preparation of an Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 02-0030. This agreement acknowledges that Castle and Cooke, Inc.
will pay all costs associated with the preparation and completion of the EIR. The total cost for
preparing the EIR is $111,600.00, which consist of $83,676.00 for consultant services and $27,924.00
to reimburse the City of Bakersfield for its costs.
Consultant-City Agreement:
This agreement sets forth the scope of services for the preparation of an Environmental Impact Report
for General Plan Amendment/Zone Change No. 02-0030.
WC
(admin~apr~4-eir)
April 3, 2002, 10:30am
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.q.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,~
DATE: April 4, 2002 CITY ATTORNEY,~
CITY MANAGER ~'
SUBJECT:
Assessment District No. 02-1, (Avalon / Belsera / Montara / The Woods):
Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services.
Agreement with Wilson and Associates, for Assessment Engineering. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed
assessment district. The proposed district has four distinct subareas as follows:
Avalon: This subarea is located south of Snow Road, west of Jewetta Avenue, east of Old Farm
Road, north of Reina Road and is planned for new residential development. It is proposed that
the improvements for this subarea will be constructed by the developer (Avalon Partners LLC),
with acquisition of the improvements upon completion. The improvements include road
grading, curb, Gutter, sidewalks, street lights and block wall improvements.
Belsera: This subarea is located south of Olive Drive, west of Old Farm Road and east of Allen
Road, north of Reina Road and is planned for new residential development. It is proposed that
the improvements for this subarea will be constructed by the Developer ( Centex Homes), with
acquisition of the improvements upon completion. The improvements include road grading,
curbs, gutters, sidewalk, street lights, block walls and storm drain. This area is being annexed
into the City as Reina No. 3, Annexation No. 425. Annexation is expected to be completed by
the end of May, 2002.
Montara: This subarea is located west of Jewetta Road, north of Olive Drive, east of Bese,
south of Snow Road and is planned for new residential development. It is proposed that the
improvements for this subarea will be constructed by the developer (Centex Homes), with
acquisition of the improvements upon completion. The improvements include curb, gutters,
sidewalks, paving, block walls, street lights, water line and a canal crossing. This area is being
April 4, 2002, 4:42PM
G:\GROUPDAT~ADMINRPT~2002~Apr 24~AD02-1agrmnt,wpd
ADMINISTRATIVE REPORT Page 2
annexed into the City as Jewetta No.1, Annexation No. 426. Annexation is expected to be
completed by the end of May, 2002.
The Woods: This subarea is located south of Berkshire, north of Hosking Road and east of
Stine Road, west of Akers Road and is planned for new residential development. It is proposed
that the improvements for this subarea will be constructed by Developer (FSI Developers, LLC),
with acquisition of the improvements upon completion. The improvements include storm drain,
curb, gutter, sidewalk, paving, block wall and street lights.
The primary motive for combining the four 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 Agreements are adopted, the next step is to prepare the resolution of intention and for the
assessment engineer to establish the boundary map.
April 4, 2002, 4:42PM
G:\GROUPDAT~ADMINRPT~2002~Apr 24~AD02-1agrmnt wpd
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8. ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director ~/~/'[_.,~F~''
DATE: April 11, 2002 ~'..~_
SUBJECT:
DEPARTMENT HEAD
CITY A'R'ORNEY
CITY MANAGER
Mobility Opportunities Via Education (MOVE) Project:
1. Agreement with Kern County Superintendent of Schools (KCSOS) for $370,000 U.S.
Department of Housing and Urban Development (HUD) FY 2000 EDI - Special Projects Grant
funds for construction of an educational facility at 1515 Feliz Drive. (Ward 1)
2. Appropriate $370,000 of EDI funds to the CDBG operating budget for reimbursement to
Kern County Superintendent of Schools (KCSOS).
RECOMMENDATION:
1. Staff recommends approval.
2. Staff recommends approval of the appropriation.
BACKGROUND:
On December 13, 2000, Council approved a $370,000 application to HUD for FY 2000 EDI - Special Projects.
The funds were approved and designated for a redevelopment project in southeast Bakersfield. The project
is located at 1515 Feliz Drive which is the Claude W. Richardson Child Development Center school site and
is owned and operated by KCSOS. They intend to use the funds to develop Phase I of a multi-phased
Mobility Opportunities via Education ("MOVE") project.
The MOVE program began as a service of KCSOS and has achieved a national level of success for assisting
persons with disabilities throughout the United States. Using a curriculum that includes specially designed
equipment, MOVE teaches mobility to people (adults and children) that experts believed would remain
immobile their entire lives. With increased abilities to sit, stand and walk, MOVE decreases the burden of
care for families and other care providers and brings new opportunities for fuller participation and involvement
in family life and for integration and inclusion in the wider community.
Staff has been waiting for KCSOS to complete the state environmental document (CEQA) which was
completed and approved last March. The next step is to approve a subrecipient agreement with KCSOS for
overall project management, implementation, and compliance with federal requirements. EDI grant funds will
be used to pay costs for a new physical mobility and education center (3600 sq. ft. modular building) with
classrooms, parking facilities, and related site improvements. They intend to complete it by September 2002.
in addition to the EDI grant of $370,000, KCSOS's contribution to the project is about $140,000 (capital
improvement funds). The total project cost is estimated at $510,000.
DIk:S:~Adrnins\Moveproiectad m in.wpd
April 15, 2002, 9:53am
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8. s.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 12, 2002
Property Acquisition:
APPROVED
DEPARTMENT HEAD~',/~'/~'
CITY ATTO NI~E~)
CITY MANAGER
Approve purchase agreement, $141,000, with Joyce Monaco-Olivas to purchase
real property at 1020 & 1022 California Avenue.
Approve purchase agreement, $49,000, with Kelle Lyn Perry-Coleman to purchase
real proper~y at 907 13th Street.
Appropriate and transfer $200,000 unanticipated Motor Vehicle In-Lieu Taxes to
the Capital Improvement Budget in the Off-Street Parking Fund forland acquisition,
closing costs, relocation assistance. (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The City has been acquiring properties as they become available to provide additional
parking for the Bakersfield Convention Center/Centennial Garden Complex. A commercial property
owner contacted the City and offered to sell her property. The owner desires to sell to relocate to another
property outside the redevelopment area. The purchase price is a product of negotiations based on the
appraisals prepared by Kern Appraisal Company and Pacific Appraisal. Further, the purchase price
includes relocation assistance and all claims for compensation arising this transaction. The other property
is a vacant single family residence that was listed for sale by the property owner so we negotiated its
purchase. The purchase of these properties is consistent with the City Council's goal of Urban Renewal.
by the removal of blight.
A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services
Manager. Also, on November 16, 2000, the Planning Commission found the acquisition of this property
consistent with the Metropolitan Bakersfield 2010 General Plan.
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.t..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
April 16, 2002
APPROVED
ClTY A'n'ORNEY
CITY MANAGER
Reimbursement Agreement with Equilon Enterprises LLC for services in easement acquisition
action, in an amount not to exceed $51,800.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
On April 10, 2002, the City Council gave staff authorization to resolve the City of Bakersfield v. Equilon
matters (KCSC Case Nos. 245338 SPC and 245340 JES) for acquisition of sewer trunkline easements. As
part of the resolution, the City has agreed to reimburse Equilon the actual costs incurred by Equilon for
services related to construction of the sewer trunkline.
The City will reimburse Equilon for placement of a security fence along the south side of the trench on the
refinery property in an amount not to exceed $30,000. The City will reimburse Equilon for the City's use of
its Hazardous Materials Immediate Response team in the event significant exposure to hazardous materials
occurs during construction. This reimbursement is capped at $6,000.00. Finally the City will reimburse
Equilon for relocation of a high voltage electrical line/conduit for Equilon's water well #8, in an amount not to
exceed $15,800.00.
(MGA:pah)
April 16, 2002, 9:29arn
S:\COU NCI L~Ad rnins\Eq uilon0424.wpd
ADMINISTRATIVE REPORT
IMEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8. u.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
April 12, 2002
APPROVED
DEPARTMENT HEADi'I~'~-~L ~
CITY ATI'ORNEY Y~
CITY MANAGER ~
Cooperative Agreement with County of Kern for use of Proposition 12 Funds to extend the
Kern River Bike Path (Ward 3)
RECOMMENDATION: Staff recommends approval of the Agreement.
BACKGROUND: One of the projects approved by the State is the extension of the Kern River Bike Path,
approximately (3) miles from the California Living Museum (C.A.L.M.) through the Lake Ming area to the
eastern river parking lot in Kern River County Park. Since this stretch of the bike path is entirely on the
County of Kern's property the County would be the lead for engineering and construction of this project.
The City of Bakersfield has authority from the State Resources Agency to construct improvements along the
Kern River Parkway utilizing Proposition 12 (Park Bond 2000) grant funds. The terms and conditions for
construction of the projects and use of the Funding has been formalized in Grant Agreement No. Z2-1
between our agencies
This agreement would allow for the construction of the Kern River Bike Path Extension (East) by the County
under the terms of the Proposition 12 Grant Agreement No. Z2-1. The City will be the fund conduit for
payments from the State.
On March 19, 2002 the County Board of Supervisors approved this agreement between the City and County
for use of Proposition 12 Funds for the Kern River Bike Path Extension.
Funding for this project is currently budgeted in the Water Resources C.I.P. Budget.
April 15, 2002, 10:26am
S:~002 ADM RPTS~AP24WT1CC
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.v.
APPROVED
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ./)
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
z
April 16, 2002 CITY ATI'ORNEY
CITY MANAGER ~/~ ~-
Cooperative Agreement with the Department of Transportation, State of California/for
Realignment of Comanche Road at State Route t 78. (Ward :3)
RECOMMENDATION: Staff recommends approval of cooperative agreement.
BACKGROUND: The City has been working on a project to align the intersections of Alfred Harrell
Highway and Comanche Road at State Route178. Comanche Road will be realigned to intersect with
Alfred Harrell Highway at State Route178 and a traffic signal will be installed at the intersection. The
project plans and specifications have been submitted to Caltrans for final approval. Caltrans is also
desirous of aligning these intersections and has agreed to pay for a portion of the project. This
cooperative agreement specifies the obligations of Caltrans and the City regarding construction and
operation of the road improvements.
This agreement provides conditions for payment by the State and the City.
G:~GROUPDAT~ADMIN RP3~2002~Apr 24~Admin Reportl.wpd
Apd116, 2002, 8:43am
J.H. 03590 PW Engineering
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
TEM: 8.w.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Gregory J. Klimko, Finance Director DEPARTMENT HE~
C~TY ATTO~~
April 10, 2002
C~TY MANA~
Two-yearlease agreementwith Manbir Singh, M.D. and Taran Singh for $18,495 annually
for office space at 3945 Hughes Lane #D. (Ward 7)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
In an effort to bring police services closer to the community, the Bakersfield Police Department is looking
to open two satellite offices, one in the Lakeview Avenue area and another in the South High School area.
These offices will be open during typical business hours and will be staffed on a full time basis by non-
sworn personnel (crime prevention specialists and police service technicians) and part time by sworn
police officers. The office will enhance the community policing efforts of the police department by giving
the community easier access to police services and by physically situating a police facility in the
neighborhood.
The police department expects to provide crime prevention services from these offices, including
neighborhood watch programs and senior safety programs. Each office will have a community meeting
area and residents of the area will be encouraged to use the facility for community meetings. Police
reports and vehicle impound releases will eventually be available from these satellite offices.
Attached for your consideration is the lease for the South High School area satellite office which is to be
located at 3945 Hughes Lane #D. The terms of the lease are: 2 year primary term with 2 one-year
extensions; the City will be leasing approximately 1,233 rentable square feet with an annual rent of
$18,495 (gross basis). The Citywill be paying for electricity, gas, and telephone service and the landlord
will be paying for water, trash, sewer, all common area maintenance charges, and real estate taxes. This
location provides the police department with high visibility and easy access for the public.
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.x.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 5, 2002
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Amendment No. 1 to Agreement No. 78-146 with the County of Kern to lease real property
(2.99 acres) for an animal shelter located at 201 South Mount Vernon Avenue. (Ward 1)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND: On December 5, 1978, the City Council agreed to lease approximately five acres
to the County of Kern to construct and operate an animal control shelter at 201 South Mount Vernon
Avenue. As consideration for the lease the County agreed to accept animals abandoned within or owned
by persons living within the Bakersfield City limits.
The County recently completed over $550,000 worth improvements, i.e. kennel run, euthanization room
and walk-in freezer, and has requested the City to extend the lease for 20 years to allow them sufficient
time to amortize the improvements made to the Animal Shelter. The original lease term was for thirty
years and would have expired in 2008. This amendment will extend the primary term of the lease twenty
years from 2008 to 2028.
In consideration for granting this extension the County has agreed to relinquish two acres of the five acres
currently being leased. The County has determined that this land should not be needed for its operations
into the foreseeable future.
April 3, 2002, 1:31 pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.y.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
April 12, 2002
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY
CITY MANAGER
Amendment No. 2 to Agreement No. 99-334 with outside counsel, Duane, Morris & Heckscher
for legal services in the matter of North Kern Water Storage District v. Kern Delta Water
District, etal, Tulare County Superior Court Case No. 96-172919, in the amount of $100,000,
with a total contract amount not to exceed $250,000.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The City has generally used the services of attorney Colin Pearce, who is now a partner in the firm of Duane,
Morris & Heckscher, as outside counsel on the above-entitled case. Additional funds are required for outside
counset to continue the appeal on the First Point matter. The appeals process has run into additional
expenses because of an unusual round of settlement conferences ordered by the Fifth District Court of Appeal
in which briefing papers and numerous appearances caused a dramatic increase in fees. North Kern and
Kern Delta were unable to reach agreement and the appeal is now proceeding through the standard appellate
process. The City expects a hearing in approximately six months.
This Amendment No. 2 to Agreement No. 99-334 would add $100,000 to the Not To Exceed Limitation on
compensation to result in a total Not To Exceed amount of $250,000. Since it is expected that these
additional expenditures will be incurred in both the remainder of this fiscal year and in fiscal year 2002/2003,
sufficient funds exist in the Water Resources budget to cover this fiscal year's anticipated expenditures, and
sufficient funds are being included in the proposed fiscal year 2002/2003 budget.
BJT/ADD:Isc
S:\COUNClL~Admins\NKernV.KernDe~[aAl~yAgrAmd2.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.z.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 16, 2002
APPROVED
CITY A'I-rORNEY
CITY MANAGER
SUBJECT:
Accept bid from Stewart Electric Supply, Incorporated, $73,387.96, for traffic signal poles and
equipment.
RECOMMENDATION:
Staff recommends acceptance of bid.
BACKGROUND: Four (4) bids were received, as follows:
Stewart Electric Supply
1701 30th Street
Bakersfield, CA 93301
(City)
in the amount of
Graybar Electric
6100 Schirra Court
Bakersfield, CA 93313
(City)
in the amount of
Consolidated Electrical Distributors
1133 32nd Street
Bakersfield, CA 93301
(c~ty)
in the amount of
Lingo Industrial Electronics
3001/2 West Sierra Madre Boulevard
Sierra Madre, CA 91024
in the amount of
$73,387.96
$75,094.61
$75,181.18
$79,337.12
P:~ADMIN~002 ADMIN\C02_0424C Traffic Signal Poles & Equipment.wpd
GJK:DW:Ijm
April 16, 2002, 1:31pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 16, 2002
APPROVED
DEPARTMENTHEAD
C,T¥ =^.^G.R
SUBJECT: Diesel Powered 55 Foot Insulated Aerial Device
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Four (4) bids were received, however, none met the minimum specifications as
requested. The Fleet Services Division will review the specifications and consider revisions to enable greater
participation from vendors at the time of rebid.
P:~ADMIN~002 ADMIN\C02 0424A Diesel Powered 55 Foot Insulated Aerial Device.wpd
GJK:DW:Ijm
April 16, 2002, 9:31am
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 11,2002
APPROVED
DEPARTME.T.£AD
CITY MANAGER /~
SUBJECT:
Refuse and Yard Waste Containers for Solid Waste
1. Accept bid from Rehrig Pacific Company, $232,625.25, for additional
containers contingent upon Council approval of FY 2002-03 budget.
2. Appropriate $62,000.00 Solid Waste Fund Balance to the Public Works
Operating budget for the purchase of 1,400 containers prior to June 30, 2002.
RECOMMENDATION: Staff recommends acceptance of bid and appropriation of $62,000 fund balance.
BACKGROUND: An unforeseen surge in new services during FY 2001-02 has depleted the supply of
containers available for distribution. Based on a revised estimate, 1400 additional greenwaste containers are
needed prior to June 30, 2002 to keep up with the demand and provide timely services to City residents. The
balance of this award ($170,625) is contingent upon adoption of the 2002-03 budget.
Invitations to bid were sent to five (5) vendors. Two (2) bids were received, as follows:
Rehrig Pacific Company
4010 East 26th Street
Los Angeles, CA 90023
Toter, Incorporated
841 Meacham Road
Statesville, NC 28677
in the amount of
in the amount of
$232,625.25
$241,988.17
P:~ADMIN~002 ADMIN\C02_0424A Diesel Powered 55 Foot Insulated Aerial Device.wpd
GJK:DW:Ijm
April 12, 2002, 10:29am
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.cc.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Raul Rojas, Public Works Director
April 16, 2002
DEPARTMENT HEAD
C,TY A'rrORNEY
CITY MANAGER
Miscellaneous Appropriations:
Appropriate $135,000 fund balance to the Capital Improvement Budget
within the Transportation Development Fund and reduce appropriations
$119,500 within the ISTEA Fund and $15,500 within the Gas Tax Fund for
the traffic signal at Mount Vernon and Panorama.
Appropriate $119,500 Federal Funds and $15,500 Fund Balance to the
Capital Improvement Budgets within the ISTEA Fund and Gas Tax Fund
respectively for the Traffic signal at Panorama and Church. (Ward 3)
RECOMMENDATION: Staff recommends approval of Appropriations.
BACKGROUND: These appropriations transfer the Federal funding of the originally budgeted traffic
signal at Mount Vernon Avenue and Panorama Drive to a new traffic signal at Mount Vernon Avenue and
Church Street, and then replaces the Mount Vernon/Panorama traffic signal funding with Transportation
Development Fee (TDF) funding.
The traffic signal at the intersection of Mount Vernon Avenue and Panorama Drive was budgeted in the
2000-2001 fiscal year Capital Improvement Program using Federal ISTEA funds. Later that fiscal year,
after the project was designed, Council requested that the traffic signal be moved to the intersection of
Church Street and Mount Vernon Avenue, approximately 900 feet south of the Panorama Drive
intersection. Staff submitted the paperwork to KernCOG to accomplish this, and the approval was received
last Fall. Federal project paperwork was then submitted and approved late last year, and design was
started earlier this year on the Mount Vernon/Church traffic signal. Since the Mount Vernon/Panorama
traffic signal is on the list of transportation facilities to be funded by the Transportation Development Fee
(TDF), and since the plans for the signal are complete, staff proposes to construct both signals as one
project using the Federal funds for the Mount Vernon/Church signal and TDF funds for the Mount
Vernon/Panorama signal.
PE: uts
G:~,GROUPDAT'~ADMINRPT~OO2~Apr 24\Signals o~ Panorama misc appr
Alii 17. 2002, 9:31am
ADMINISTRATIVE REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.dd.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic E)evelopment Director
April 11, 2002
APPROVED
DEPARTMENT HEAD~
CI'~ATFORNEY~
CITY MANAGER ~
Appropriate $46,000 current available revenues to the Old Town Kern-Pioneer Operations
Funds for a consultant agreement for the preparation of Section 108 Federal Loan
Applications and Brownfield Economic Development Initiative (BEDI) Grant Applications.
(WARDS I & 2)
RECOMMENDATION:
Staff recommends appropriation.
BACKGROUND:
At the March 6, 2002 City Council meeting Council authorized staff to pursue the preparation of the Section
108 Federal Loan Applications and Brownfield Economic Development Initiative (BEDI) Grant Applications.
Staff would like to utilize the services of Mark Briggs, a special grant consultant with a proven track record
of helping cities submit competitive applications to receive these grant funds. This professional service is
estimated to cost $46,000 and the consultant would prepare both the loan and grant documents for submittal
to HUD. Current revenues are available in the Old Town Kern operating fund. This funding source was
selected because the Old Town Kern project area will be a key beneficiary of a portion of the loan and grant
funds.
On April 15, 2002, the Bakersfield Redevelopment Agency approved an agreement with Mark Briggs, Grant
Consultant to prepare a Section 108 Federal Loan Applications and Brownfieid Economic Development
Initiative (BEE)I) Grant Applications for $46,000.
DIk:S:~Admins\briggs appropriation.wpd
April 11, 2002, 4:27pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.ee.
TO: Honorable Mayor and City Council APPROVED
_
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: April 12, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Appropriate $70,882 from Office of Emergency Services to the General Fund Fire Department
Operating Budget for overtime costs in mutual aid assignments.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The Bakersfield Fire Department was involved in three separate Strike Teams due to
Mutual Aid requests and was reimbursed from the Office of Emergency Services. The Strike Teams were
dispatched to the Creek Fire, September, 2001; the Darby Fire, November, 2001; and the Pentagon,
September, 2001.
The total amount reimbursed was $116,252. The Fire Department is requesting $70,882 to be appropriated
to the Fire Department to reimburse overtime costs. The remainder of $45,370 will remain as General Fund
Revenue.
kec
April 15, 2002, 1:10pm
P:~Adrnin RepoA~Office of Emergency Services.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 11, 2002
APPROVED
DEPARTMENT.EAD
CITY MANAGER
Pacific Bell's request for an easement between Chamber Boulevard and Bromley Way to
install underground communication facilities (Windermere Park)i (Ward 4)
RECOMMENDATION: Staff recommends approval of easement.
BACKGROUND: Pacific Bell has requested the City grant them a ten foot wide easement to extend
communication service from one subdivision to another. Pacific Bell's request has been reviewed by
Property Management and Recreation and Parks and itwas decided that itwas only necessary to grant
an easement over a short distance, approximately 145 feet versus the original request of nearly 500 feet.
Further, since thera will be no above ground facilitiesjthe Recreation and Parks Department determined
it will not interfere with public's use of the park.
DMA/s
April 11, 2002, 1:51 pm
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.gg.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
April 10, 2002
APPROVED
DEPARTMENT HEAD~,~
CITY MANAGER
A Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant
*Requested by the Kern County Probation Department.
RECOMMENDATION:
Staff recommends council authorize the waiver.
BACKGROUND:
The city received a request from the Chief Probation Officer of Kern County, Larry Rhoades, for the City
Manager to sign a waiver allowing the Kern County Probation Department to access federal grant funds
which are designated for Bakersfield.
The federal grant provides funding for juvenile accountability programs, specifically, hiring additional
prosecutors and renovation of detention facilities which are functions typically provided by the county.
Funds in the amount of $52,600 were allocated for the Bakersfield area for fiscal year 2001-02; however,
the city has no eligible use for the monies. The grant requires a 10% match of funds for which the county
will be responsible. The waiver would be for this year only. The state which administers the federal grant
program requires the waiver for the county probation department to access these funds.
EWM/vrf
P:\rpt\Grant Juvenile Accountability.wpd
April 10, 2002, 11:46am
ADMINISTRATIVE
REPORT
MEETING DATE: April24, 2002 AGENDA SECTION: Consent
ITEM: 8.hh.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
April 12, 2002
APPROVED
DEPARTMENT HEAD _~
CITY ATTORNEY
CITY MANAGER //~
Convert Office Systems Technician in Management Information Systems (MIS) from
Temporary to Permanent Status
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City's web page has grown tremendously since its creation in 1998. Today the citizens, the City
Council, and the city staff rely on the web page for a variety of services, such as meeting agendas and
reports, video streaming of public meetings, over 100,000 pages of public records, the City's municipal
code, job openings, news items, community calendars and much more. Within the next few months we are
planning to add building inspections, code enforcement complaints and parks reservations to our
assortment of on-line services.
Maintaining the city's web page takes skilled and talented people. For three years we have used an intern
hired through our temporary employment agency to design the web page and make necessary content
changes, which are significant in number and ongoing. With the current backlog of projects and the new
services being offered, staff is recommending that we convert the existing temporary position to permanent
status.
The position is currently referred to as an Office Systems Technician-Web, and is paid through the
temporary agency. Annual base salary for the Office Systems Technician including fringe benefits is
$50,142. Our plan is to shift the budget for part-time salaries to full-time salaries in that amount, so there
will be no budget impact on the MIS Division in the General Fund.
Because this proposed position is so specialized, Human Resoumes is planning to analyze the job title,
specifications, and pay in relation to similar positions in the changing high tech job market. If the results of
their work necessitate changes to the job description to more accurately describe the qualifications and job
duties of the position, staff will come back to the Council for approval at a later date.
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
April 12, 2002
2002 City Council Goals
APPROVED
DEPARTMENT HEAD ~
CITY MANAGER ~_~
RECOMMENDATION: Staff recommends approval
BACKGROUND: This item includes the proposed 2002 City Council Goals which were updated by the
City Council during the goal setting process conducted during several recent Council workshops. The
proposed goals are the result of Council direction and comments during the process. The Council may
choose to make additional modifications to the proposed Goals as desired.
The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020 report.
These items are shown with an asterisk.
These goals when adopted by the City Council will provide policy guidance to staff for budgetary and
program implementation,
ADMINISTRATIVE REPORT
MEETING DATE:
April 24, 2002
AGENDA SECTION: Hearings
ITEM NO: 9.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 16, 2002
DEPARTMENT HEA[~ ~,,.~
CITY AI'rORNEY/
CITY MANAGER
SUBJECT: Bakersfield High School has filed an appeal of the Board of Zoning Adjustment's
decision to approve a CUP No. 02-0090 to Kulbir Bajwa to allow general auto repairs/sales and a
modification to eliminate the requirement for a six-foot high block wall on the north property line in a
C-1 (Neighborhood Commercial) zone, located at 1700 California Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends that the City Council deny the appeal.
BACKGROUND:
The applicant requested before the Board of Zoning Adjustment (BZA) a conditional use permit to
allow general auto repairs (tune ups, smog checks, tire sales and mounting, brake repair and
electrical diagnostics) and auto sales in a C-1 (Neighborhood Commercial) zone district. The site
was originally constructed and used as a service station and performed minor auto repairs, but this
use was discontinued many years ago. The existing building is currently vacant and the
underground fuel tanks have been removed. The site's last use conducted car stereo sales and
installation. ~
In February of 1996, the BZA approved a conditional use permit to allow the development of the
site with a restaurant with drive thru services and modification to delete the requirement for a 6-
foot high block wall between the site and property to the north. A one year extension of time was
granted in 1997, but the use was never developed. In 1998, a new conditional use permit was
approved to allow the car stereo/home audio sales and installation business, and included a
modification to eliminate the requirement for a block wall along the northern property line. This
business closed more than one year ago and the rights granted under that permit expired.
The current applicant plans to do all mechanical work within the existing service bays inside the
building. This should help to reduce any noise associated with the proposed use, and should
minimize adverse impacts to surrounding properties. The site is within a C-1 zone which does not
allow automobile repairs or automobile sales by right (note: auto services are only permitted by
right if the main use is a service station selling fuel). The site contains two canopies that previously
ADMINISTRATIVE REPORT Page
covered the gasoline islands. The applicant is proposing to display vehicles for sale under the
larger of the two canopies. The smaller of the two canopies will remain but will not be used for
display so that vehicular access is available through the site from H Street to California Avenue.
The site is adjacent to Bakersfield High School and the Harvey Auditorium (to the north) which is
zoned R-4. Typically, when commercial development is proposed adjacent to property zoned for
residential use, a 6-foot high block wall is required as a buffer between the commercial use and
residential use. However, in this case, the residentially zoned property adjacent to the subject site
is developed as a parking lot for the high school. Previous approvals on the site have included
modifications to delete the requirement for the wall as the high school wished to keep this area
visible to personnel so that students would not loiter without being seen. They also wished to
remove a possible attraction of graffiti.
The high school has now changed its position regarding the wall and asked that it be constructed.
However, the ordinance would only require it along the north property line along the residential
zone but not the west property line as the property to the west is zoned commercial. In addition,
the school felt that the use was not in keeping with area development and argued that it would be
an eyesore contrary to the 2020 vision goals.
The BZA found that a wall along the northern property line would serve no useful purpose as it
was not buffering a sensitive use, just a parking lot. They suggested that the applicant and school
share the cost of a wrought iron fence that the school is planning along H Street so that the new
fencing would be consistent along the school boundary. The property owner was agreeable to this
but the school principal could not offer any agreement until speaking with his board.
Regarding land use compatibility, the BZA found that the use was consistent with the historical use
of the site for automotive service uses as the building is an old fuel station with service bays
designed for automobile repair. In addition, similar automotive services exist on the northeast and
southeast corners of H Street and California Avenue (mini market with fuel sales, and a smog
shop/quick lube, respectively). A commercial retail business is located directly south of the site.
As to the aesthetics, the empty building does nothing to add to the area and a viable business
would be preferred. If the school wishes to purchase the property (as noted by the principal in his
letter), the owner noted that the site was for sale but received no offers, so she pursued leasing
the property to the applicant.
Based on these facts, the BZA unanimously approved the proposed use and waived the wall
requirement subject to conditions.
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
IAGENDA SECTION: Hearings
ITEM: 9. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
CITY ATTORNEY
DATE: March 25, 2002
CITY MANAGER
SUBJECT: Hearing to consider a resolution establishing sewer service user charges for Fiscal Year 2002-
03. (Wards 1-7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of
the Bakersfield Municipal Code. No increase in sewer user charges is proposed for Fiscal Year 2002-03, with
the exception of the following users whose fees are being phased in over a three, five, or seven year period:
FLAT RATE SCHEDULE of Exhibit A
Hospitals, year two of a seven year phase-in period.
$39.68 to $44.86 per bed
Schools, Day Care Centers, year two of a five year phase-in period.
$3.79 to $4.01 per student
MISCELLANEOUS SCHEDULE of Exhibit A
Surcharqe Schedule - Commercial and Industrial. year two of a three year phase-in period.
Flow, MG $597.00/MG/yr. to $722.00/MG/yr.
BOD, mg/L $62.00/1000 lb. to $62.00/1000 lb. (no increase)
TSS, mg/L $71.00/1000 lb. to $71.00/1000 lb. (no increase)
Discussions regarding these phased-in rate increases were conducted with the City Council and the Budget
& Finance Committee during the Fiscal Year 2001-2002 budget process in order to update the City's Revenue
Program. The phasing-in of these fees offered the least impact to these users, while still complying with State
regulations. These fees were originally adopted by the City Council on May 16, 2001.
Fees for Section VI. Wastewater Services - Other A(3encies of the MISCELLANEOUS SCHEDULE of Exhibit
A will be determined in accordance with agreements entered into between the City and other agencies.
See Exhibit A of attached resolution for sewer user fee details.
Sewer user charges are collected with property taxes by the Kern County Tax Collector pursuant to the
Bakersfield Municipal Code.
C:\Documents and Settings\dtrammel BAKERSFIELD\Lccal Settings\Ternp\02-03 Sew Fee wpd
ADMINISTRATIVE
REPORT
MEETING DATE: April 24, 2002
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Building
April 8, 2002
IAGENDA SECTION: Hearings
ITEM: 9.c.
AEPRE~ED
DEPARTMENT HF~DD~.
CITY A'I'rORN-'~/E~ ////~
CITY MANAGER
SUBJECT:
A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code
Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter. (Wards 1, 2, 3 & 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield
Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute
public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners
were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed
and held before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCA~ON
APN COST
Ward 1/Councilmember Carson
1. 333 Augusta Street
2. 1305 El Rancho Drive
3. 500 L Street
4. 6841 Lowry Street
5. West of 501 P Street
018-220-31 $ 425.00
011-362-02 $ 1,595.00
009-440-01 $ 420.00
516-142-01 $ 616.00
009-420-16 $ 613.00
War~ 2/Councilmember Benham
6. South of 3801 California Avenue
7. NEC Coffee Road & Stockdale Highway
020-120-35 $ 1,320.00
502-020-18 $ 469.00
Ward 3/Councilmember Maaaard
8. 3409 Mt. Vernon Avenue
383-051-33 $ 366.00
Ward 6/Councilmember Sullivan
9. 6008 Chicory Drive
384-252-19 $ 384.00
April 8, 2002, 4:17pm
ADMINISTRATIVE REPORT Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80
of the Bakersfield Municipal Code. Property owners have been given notice of their right to appear at the
hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public
nuisance.
The Council will need to confirm the costs incurred by the City for work performed to remove the public
nuisance and order that such costs be made a lien against the property. This will be done by adoption of the
attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as
the Council deems just.
AP24B1.HRG
April 8, 2002, 4:17pm