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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. -2- (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. -3- 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) -7- 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