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HomeMy WebLinkAbout06/12/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 12, 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 rain) (30 min) DEPARTMENT BUDGET PRESENTATIONS a. Convention and Visitors Bureau Budget Presentation. Report regarding a proposal to submit an application for Section 108 Public Loan funds for Facilities Activities and the Baker Street Revitalization Project. (Alan Tandy, City Manager and Donna Kunz, Economic Development Director) CLOSED SESSION Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Hicks vs. City of Bakersfield; Kern County Superior Court Case No. 244821 SPC REGULAR MEETING 1. INVOCATION by Rev. Steven J. Hunt, Senior Pastor, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE by Gelonnie Wilson, 2nd grade student, Raffaello Palla Elementary School 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Hall and City Council of Commendation Plaque to Senior Officer James "Mick" Gaines, Bakersfield Police Department. 6. PUBLIC STATEMENTS 7. APPOINTMENTS One appointment to the Bakersfield Tree Advisory Committee due to the resignation of Judy Miller. Staff recommends Council determination. 8. CONSENT CALENDAR Minutes: a. May 20, 2002 and May 22, 2002 Council Meeting. Payments: Payments from May 10, 2002, to May 30, 2002 in the amount of $9,027,396.72; and Self Insurance payments from May 10, to May 30, 2002 in the amount of $194,203.65. Ordinances: (Ward 5) Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 122-12 from R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) to R-1 (One Family Dwelling) zone on 41 acres located along the north side of White Lane, between Buena Vista Road and Allen Road (ZC P01-1018). (First reading 5/22/02) (Ward 4) Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-13 from A (Agriculture) to an R-1 (One Family Dwelling) zone on 40 acres located at the northeast corner of Noriega Road and Allen Road. (ZC P01-0822) (First reading 5/22/02) (Ward 4) Adoption of an ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-36 from R-1 to R-2 on 43.45 acres located along the south side of the Kern River Freeway Specific Plan Line, the easterly side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment, and Zoning Maps Nos. 101-36 and 122-01 on 17.67 acres located along the northwest corner of Stockdale Highway and Jewetta Avenue alignment, west of the Rio Bravo Canal, east of Allen Road, and also amending "mitigation measure/condition number 29" of City Ordinance No. 3774 (P01-1019) (First reading 5/22/02) (Ward 4) Adoption of an ordinance adopting the Notice of Exemption and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-1 (One Family-Dwelling) and C-2 (Regional Commercial) to OS (Open Space) on 40.44 acres, located along the northerly sides of Stockdale Highway and the Cross Valley Canal, the southerly side of the Rio Bravo Canal and approximately one-half mile east of Allen Road (ZC 02-0106). (First reading 5/22/02) -2- 8. CONSENT CALENDAR continued (Ward 7) Adoption of an ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-25 from A-20A (Agricultural-20 Acre Minimum Lot Size) to R-1 (One-Family Dwelling) on 98.39 acres located east of Wible Road, between Berkshire Road and Hosking Road. (P01-1014). (First reading 5/22/02) (Ward 4) Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family Dwelling) on 7.66 acres located adjacent on the north side of Brimhall Road, approximately one quarter mile east of Jewetta Avenue. (ZC P01-1022) (First reading 5/22/02) (Ward 7) Adoption of an ordinance amending Sections 1.12.040 and 1.12.070 of the Bakersfield Municipal Code by adding Annexation Nos. 422, 425,426, 430 and 432 to Ward 4 and Annexation Nos. 423 and 424 to Ward 7. (First reading 5/22/02) Adoption of an ordinance amending Section 15.84.040 of Chapter 15.84 of the Bakersfield Municipal Code relating to Imposition of Transportation Impact Fee. (First reading 5/8/02) Adoption of an ordinance amending Section 1.34.010 Subdivision B and Section 1.34.020 Subsection B of the Bakersfield Municipal Code relating to administrative appeals. (First reading 5/22/02) Ordinance authorizing an amendment to the Contract of Administration of the Public Employees' Retirement System to provide Section 21354.3 (3% @ 60 Full Formula) for local miscellaneous members. (First reading 5/8/02) Agreement with the Public Employees' Retirement System (PERS) to provide Section 21354.3 (3% @ 60 Full Formula) for local miscellaneous members. Resolutions: (Ward 4) Resolution of Intention No. 1277 adding territory, Area 1-33 (Jewetta, Olive SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) Resolution of Intention No. 1278 adding territory, Area 3-17 (Wible, Hosking SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution providing for the collection of refuse charges (no fee increase) by the Kern County Tax Collector and that assessments being placed on the tax roll are in compliance with the requirements of Proposition 218. (Wards 4,5) Resolution approving one Native American name designation at River Oaks Park and two Native American name designations at Yokuts Park. -3- (Wards4,5) (Ward 4) (Ward 1) (Ward 4) (Ward4) (Ward 4) (Ward 2) (Ward 4) CONSENT CALENDAR continued Resolution adopting the Certification of the Completion of the Tier I Environmental Impact Report (EIR Tier 1) prepared by the State of California Department of Transportation for the Proposed Alignment of State Route 58 from State Route 99 to Interstate 5, and approving the City of Bakersfield as the Lead Agency for the EIR-Tier 1 and its use for the Westside Parkway Facility. Agreements: r. Tract Maps/Improvement Agreements Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6045, located north of Chamber Boulevard, west of Windermere Street. Final Map with ADH Corporation for Tract 5948, Phase E, located south of Virginia Avenue, west of Sterling Road. improvement Agreement with Riverlakes Investment Company for Off Site Improvements for Tract 6080, as required by Riverlakes Agreement No. 99-118. Final Map and Improvement Agreements with Palisades At Riverlakes, LLC, for Tract 6023, Phase 2, located north of Olive Drive, east of Calloway Drive. Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Services in the amount of $40,000 to be paid from the Self-Insurance Workers' Compensation Fund. Agreement with Communities at Westlake LLC, $42,746 to purchase real property in Tract 6077, Phase 1, located east of Jewetta Avenue, west of Calloway Road, for a domestic water well site. Agreement with the Bakersfield City School District, $50,000 to provide public safety assistance to the following schools: Chipman Junior High, Washington Junior High, Emerson Junior High, Sequoia Junior High and Walter Stiern Middle School. v. Agreement with Tri-State Auction Company to sell surplus personal property. Agreement with C.H.P. Enterprises, Incorporated dba Ken Porter Auction Company to sell surplus personal property. Agreement with Clarence Jefferson Wilson and Minnie Neomia Wilson to purchase real property located at 924 13"' Street for $40,000 of Community Development Block Grant funds. License Agreement with North Kern Water Storage District for constructing, operating and maintaining a 12 inch diameter domestic water mainline along the southerly canal bank of the Calloway Canal, just west of Calloway Road. -4- (Wards 2,5,7) (Ward 1 ) (Ward 1 ) CONSENT CALENDAR continued Amendment No. 2 to Agreement No. 01-045 with Loop Electric to add $15,000 (total contract amount of $60,000) for vehicle loop cutting at various intersections within the City. aa. Amendment No. 3 to Agreement No. 98-222 with HTE, Inc. for Service Support of Licensed Software in the amount of $86,184.15. bb. Amendment No. 5 to Agreement No. 96-178 with SPCA independent Contractors Agreement in the amount of $679,221 to cover increased costs of operation for FY 2002-03. CC. Contract Change Order No. 8 to Agreement No. 00-309 with Griffith Company, $55,860.75 (total contract amount of $1,174,274.48) for the resurfacing/interconnect various streets in the City of Bakersfield 1999-2000, Phase II Project. Bids: dd. Accept bid to award annual contract to Loop Electric, not to exceed budgeted amount of $50,000 for vehicle loop cutting services at various intersections within the City. ee. Accept bid to award annual contract to Battery Systems, not to exceed budgeted amount of $60,000, to furnish automotive batteries. Accept bid to award contract to General Physics Corporation, $1,172,679 for Liquified and Compressed Natural Gas (LCNG) Fueling Facility, for base bid only. Appropriate $1,041,682 Congestion Management Air Quality funds to the Capital Improvement Budget within the Equipment Management Fund. gg. Accept bid to award contract to Nicholas Construction, $115,907 for improvements to the Mount Vernon Sewer. Transfer $50,000 of Capital Improvement Program Budget Appropriations from the Miscellaneous Sewer Lift Improvements Project to the Sewer Trunkline, Mount Vernon Project within the Sewer Enterprise Fund. hh. Accept bid to award contract for Base Bid and Additive Alternate to Griffith Company in the amount of $63,042 for the additional asphalt paving at South Mount Vernon Recycling Center. -5- (Ward 5) Wards 1,3,5,6,7) (Ward 4) (Ward 7) CONSENT CALENDAR continued ii. Accept bid to award contract to Granite Construction Company, $2,881,198.60 for Gosford Road reconstruction and street improvements (Ming Avenue to Stockdale Highway). Appropriate $550,000 Fund Balance to the Capital Improvement Budget within the Transportation Development Fund. Appropriate $715,000 Regional Surface Transportation Program Funds to the Capital Improvement Budget within the Intermodal Surface Transportation Fund. jj. Approve bid to award annual contract to Abate-A-Weed, Incorporated, not to exceed budgeted amount of $30,000 for chemical application on City property. kk. Approve bid to award annual contract to Argo Chemical, Incorporated, not to exceed budgeted amount of $42,500 for chemicals for the City's swimming pools. II. Extend bid to award contract to Quinn Engine Systems $95,278.78 to furnish and install one 250 KW standby generator for Public Works General Services building. mm. Accept bid to award contract to Griffith Company, $2,329,925.70 for resurfacing various streets project. Appropriate $60,000 Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund for manhole costs. nn. Accept bid from Central Valley Golf & Utility Vehicles, $35,396.96 for four replacement electric turf scooters. Miscellaneous: 00. Pacific Gas & Electric's request for an easement east of Allen Road at the Cross Valley Canal to install overhead electrical service. PP. Appropriate $235,000 fund balance to the Public Works Department Operating Budget within the Sewer Enterprise Fund for unanticipated electricity costs. qq. Appropriate $908,463.47 excess interest earnings to the Capital improvement Program within Assessment District 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen) for acquisition of additional public improvements within the District boundaries. rr. Appropriate $1,750 in contributions to the General Fund Recreation and Parks Department Operating Budget for the Keep Bakersfield Beautiful budget. SS. Inclusion of additional funding for the Bakersfield Symphony Orchestra of $4,000 and Bakersfield Museum of Art of $25,000 in the proposed Fiscal Year 2002-03 Budget. Acceptance of reduced lease payment in the amount of $161,156 from Gary Garone Farms for Plant 2 Municipal Farm in 2001 Calendar Year. -6- CONSENT CALENDAR continued uu. Reclassification and Revised Job Specification: 1. Reclassification: Secretary II (Mayor's Office) to Administrative Assistant I 2. Revised Job Specification: Accounting Supervisor w. Acceptance of $13,800 in contributions from local businesses for anti-graffiti educational and promotional activities. Staff recommends adoption of Consent Calendar Items a. through w. (Ward 2) (Ward 2) HEARINGS Public Hearing for the FY 2002-03 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Staff recommends Council hear public testimony. Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property located at 1029 13"* Street, Bakersfield, California, for parking for the Centennial Garden Arena/Convention Center (Code of Civil Procedure Sections 1245.230, et seq.) Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for the taking of prope~y located at 1029 13~h Street, Bakersfield, California, for parking for the Centennial Garden Arena/Convention Center, enabling the City to condemn the subject property. Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property located at 1313 Q Street, Bakersfield, California, for an Aquatics Center and Indoor Ice Center (Code of Civil Procedure Section 1245.230, et seq.) Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for the taking of property located at 1313 Q Street, Bakersfield, California, for an Aquatics Center and Indoor Ice Center, enabling the City to condemn the subject property. -7- (Ward 4) (Ward 4) (Wards 1,3,4,5) HEARINGS continued Continued Public Hearing regarding Concurrent General Plan Amendment/Zone Change P01-0916: The City of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. There was an appeal to the Planning Commission decision on the Zone Change item. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Suburban Residential) to OC (Office Commercial). First reading of an ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - 5 acres minimum) to C-O/PCD (Professional and Administrative Office Commercial/Planned Commemial Development) on 5 acres. Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment and overturning the Planning Commission recommendation and giving first reading of the ordinance. Protest hearing for proposed Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain Vista/Westlake): Resolution approving Final Engineer's Report, levying assessments, ordering improvements, and authorizing and directing related actions. 2. Resolution determining assessments remaining unpaid. Staff recommends overriding protests and adopting resolutions. Protest hearing as required by Resolution of Intention No. 1273 regarding the Park Landscaping Assessments for the Consolidated Maintenance District: Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2002-2003 Budget, confirming the Park Landscaping Assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) Staff recommends overriding protests and adopting the resolution. Protest hearing as required by Resolution of Intention No. 1274 regarding the assessments for eight Traffic Signal Maintenance Districts: Resolution approving and adopting the Public Works Director's Report for eight Traffic Signal Maintenance Districts and the 2002-2003 Budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. Staff recommends overriding protests and adopting the resolution. -8- 9. HEARINGS continued Protest hearing as required by Resolution of Intention No. 1272 regarding the Street Landscaping Assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2002-2003 Budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) Staff recommends overriding protests and adopting the resolution. i. Section 108 and BEDI Application - Baker Street Revitalization: The City of Bakersfield proposes to submit a Section 108 loan application in the amount of $1.0 million dollars and a Brownfield Economic Development Initiative Grant (BEDI) in the amount of $250,000 to HUD, to provide funds for various economic development and housing activities planned on Baker Street. 1. Resolution authorizing submission of the Section 108 application and a BEDI grant application to the Department of Housing and Urban Development. Staff recommends approval of the Section 108 Loan application and Brownfield Economic Development Initiative (BEDI) grant application and adoption of the resolution. 10. REPORTS a. Community Services Committee Report No. 2-03: 1. Historical Documents 2. In God We Trust 3. Liberty Garden Community Services Committee recommends acceptance of report and implementation of the recommendations. -o. 11. (Wards 1,2) DEFERRED BUSINESS a. Section 108 Loan Application - Public Facilities: The City of Bakersfield proposes to submit a Section 108 loan application to HUD in the amount of $4.7 million dollars to provide funds for various economic development activities and construction of public facilities. Resolution authorizing submission of the application to the Department of Housing and Urban Development (HUD). Transfer $210,000 from the Development Services General Fund Operating Budget to the Recreation Facilities Fund Capital Improvement Budget. Staff recommends adoption of the resolution for the submission of the application and transfer of $210,000 of General Funds from the Development Services Weed and Motel Abatement Accounts to the Recreation and Parks Capital Improvement Fund. 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, ~41an Tandy City Manager June 6, 2002 (1:06pm) -10- B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/{~:::~ ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - JUNE 12, 2002 COUNCIL MEETING PRE-MEETING There will be one budget presentation by the Convention and Visitors Bureau. June 7,2002 There is one closed session item, which is a conference with legal counsel regarding existing litigation. APPOINTMENTS There will be one appointment to the Bakersfield Tree Advisory Committee. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 81. Ordinance authorizin.q an amendment to the Contract of Administration of the Public Employees' Retirement System to provide 3% ~, 60 Full Formula for local miscellaneous members. This amendment implements a recent change to the City's agreement with the Blue and White Collar, Miscellaneous Supervisory and Miscellaneous Management units which provides for the percentage of final compensation to be provided for each year of credited prior and current service to be determined as 3% at age 60 full. This ordinance was given first reading on May 8, 2002. No one spoke in opposition. Resolutions: Item 8m. Resolution of Intention to add territory (Jewetta, Olive SW) to the Consolidated Maintenance District. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of median and street landscaping. The letter waives the public hearing There is one workshop, which is a status report on the Section 108 and BEDI grant applications by Alan Tandy, City Manager and Donna Kunz, Economic Development Director. HONORABLE MAYOR AND CITY COUNCIL JUNE 7, 2002 PAGE 2 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 8n. Resolution of Intention to add territory (Wible, Hoskinq SE) to the Consolidated Maintenance District. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of a public park and street landscaping. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item 80. Resolution providinq for the collection of refuse charqes bein.q placed on the tax roll are in compliance with the requirements of Proposition 218. There is no fee increase proposed for this fiscal year. Item 8q. Resolution authorizinq the certification of the Completion of the Tier 1 Environmental Impact Report prepared for the Proposed Ali.qnment of State Route 58 from State Route 99 to Interstate 5. City staff has submitted applications to Caltrans to receive an allocation of State and Federal programmed funds from the California Transportation Commission for the preparation of a Tier 2 Environmental Document and for the acquisition of right of way for the Westside Parkway project. Caltrans staff has indicated that the City must acknowledge its status as lead agency not only for the project, but also for the Tier 1 EIR previously prepared by Caltrans for the SR 58 project, before the allocation request can go forward. Agreements: Item 8s. Aqreement with Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Services in the amount of $40,000. Although most of the legal work on workers' compensation cases is handled in-house, the City has continued to retain the law firm of Hanna, Brophy, MacLean, McAleer & Jensen for complex cases. The City Attorney's office estimates they have saved the City over $200,000 in the last year. Item 8t. Agreement with Communities at Westlake LLC to pumhase real property for a domestic water well site for $42,746. The Water Resources Department is acquiring a water well site to provide domestic drinking water for homes currently being constructed east of Jewetta Avenue and west of Calloway Road. Communities at Westlake LLC will be responsible for all off-site improvements. The purchase price is based on an independent appraisal and is consistent with sales of comparable properties in the area. On June 6, 2002, the Planning Commission found the acquisition consistent with the 2010 General Plan. Item 8u. Aqreement with Bakersfield City School District to provide public safety assistance for $50,000. The School Distdct is requesting that the City provide public safety assistance to Chipman, Washington, Emerson, and Sequoia Junior Highs, and Walter Stiem Middle School. An officer is assigned to the District Office acting as a School Resource Officer. Assistance may include providing security on campus, training for school staff, and coordinating criminal justice services with school staff. The agreement allows the City to provide the services of a trained, sworn officer for a minimum of 40 hours per week. The Distdct has received funding from the State, and will pay the City $50,000 for the services. HONORABLE MAYOR AND CITY COUNCIL JUNE 7, 2002 PAGE 3 Item 8x. Agreement to purchase real preperty located at 924 13~h Street for $40,000 of CDBG Funds. As part of Amendment No. 1 to the CDBG Action Plan, program funds were designated for the Acquisition and Demolition Program for vacant substandard properties in Wards 1 and 2. The owners of a single family residence at 924 13th Street wish to sell the property for $40,000. The purchase pdce is based on an independent appraisal. The site is a 5,775 square foot parcel developed with a single story 840 square foot dwelling. The property is currently occupied and the tenant will be relocated pursuant to the Uniform Relocation Act. The Planning Commission found the acquisition to be consistent with the 2010 General Plan. The environmental release was received from HUD in March 2002. Once the City has title to the property, it will be demolished as part of the City's efforts to eliminate blight in the area. Item 8y. License Aqreement with North Kern Water Storage District for constructin.q, operating and maintaininq a 12-inch diameter domestic water mainline along the southerly canal bank of the Calloway Canal. The water main is necessary to extend the existing domestic water service main to a new residential development near Reina road and Jewetta Avenue. North Kern will allow use of the property for only the water pipeline, require the City to indemnify North Kern from damage and liability in the placement of the pipeline within the canal right-of-way and that the City provide insurance coverage through the self-insurance program. The agreement is for ten years, with renewals for successive terms of ten years. Item 8bb. Amendment to Agreement with SPCA Independent Contractors A.qreement to cover increased costs of operation for FY 2002-03 in the amount of $679,221. The SPCA is continuing to experience increased operating and personnel costs. To compensate, they are requesting a monthly increase in the annual contract amount by $59,829, or $4,985.75 per month. The total contract amount will increase from $619,392 to $679,221, or from $51,616 to $56,601.75 per month. The proposed increase has been included in the FY 2002/03 budget. Item 8cc. Contract ChanRe Order with Griffith Company for the resurfacin.q/interconnect various streets in the amount of $55,860.75. Due to field conditions encountered dudng construction, several items of the contract had to be either increased or decreased. The conditions include a need for additional roadway reconstruction on Chester Avenue, additional asphalt leveling needed on Stockdale Highway, and a decrease in needed pavement reinforcement fabdc. The Change Order also reflects pdce deductions for asphalt concrete due to failure to meet the compaction requirement. Sufficient funds are available within the project to cover the cost of this change order. Bids: Item 8ff. Award contract to General Physics Corporation for LCNG (Liquified and Compressed Natural Gas) for base bid only in the amount of $1,172,679. The construction of this project provides for a new Natural Gas Fueling Facility which will replace the existing leased facility. This project is budgeted in the Capital Improvement Program and is primarily federally funded with CMAQ monies. There are sufficient funds available for the base bid portion of the project. The second place bidder is protesting the bid claiming they made better efforts to obtain minority-owned business subcontractors. Neither bidder was able to actually obtain minority-owned business subcontractors for the project. Item 8.q.q. Award contract to Nicholas Construction for improvements to the Mount Vernon Sewer in the amount of $115,907. This project consists of removing unused and deteriorated facilities at the junction of two trunk lines and replacing these facilities with new lined pipe and manholes. This item proposes transfer of $50,000 from the Capital Improvement Program budget appropriations from the Miscellaneous Sewer Lift Improvements Project to the Sewer Trunkline, Mount Vernon Project within the Sewer Enterprise Fund. Three acceptable bids were received. Staff recommends award to Nicholas Construction. HONORABLE MAYOR AND CITY COUNCIL JUNE 7, 2002 PAGE 4 Item 8hh. Award contract to Griffith Company for Base Bid and Additive Alternate for the additional asphalt pavin,q at South Mount Vernon Recyclinq Center in the amount of $63,042. this project will enlarge the existing asphalt pad to provide more area for recycling material drop-off and improve the drainage of the drop-off area. Ten acceptable bids were received. Staff recommends award to Griffith Company. Item 8ii. Award contract to Granite Construction for Gosford Road reconstruction and street improvements (Min.q Avenue to Stockdale Hi.qhwa¥) and install traffic si.qnal interconnect on Gosford Road (White Lane to Stockdale Hiqhway) in the amount of $2,881,198.60. This project consists of reconstructing Gosford Road from Ming Avenue to Stockdale Highway; installing traffic signal interconnect from White Lane to Stockdale Highway; widening the intersection on Ming Avenue at Gosford Road; constructing dght turn lanes on Gosford Road southbound at Camino Media and Kroll Way; and constructing a dght turn lane on Stockdale Highway eastbound at Gosford Road. Federal Funds will cover 88% of the project costs for these portions of work with the remaining 12% coming from the Gas Tax Fund. A portion of the Regional Sudace Transportation Program (RSTP) Funds for FY 02/03 is available now. However, with the need to award this project now due to the desire to complete construction this summer, the RSTP funds must be appropriated as soon as possible. Three acceptable bids were received. Staff recommends award to Granite Construction. Item 811. Extend bid to award contract to Quinn Enqine Stems to furnish and install one 250 ~ standby generator for Public Works General Services building in the amount of $95,278.78. Quinn Engine Systems was awarded a contract to fumish and install a generator at City Hall Annex on November 14, 2001. The specifications included a provision where the City could purchase additional units at the same cost, if mutually agreed upon by the City and the contractor. Quinn Engine Systems has indicated their approval for extending the same per unit cost for this purchase. Item 8mm. Resurfacinq Vadous Streets. This project consists of resur[acing and/or reconstructing Fairfax Road from College Avenue to State Highway 178; Virginia Avenue from South King Street to the Union Pacific Railroad' tracks; and Wilson Road from Planz Road to Agate Street. Included is the installation of video vehicle detection systems on Wilson Road at the intersections of Wible Road and New Stine Road, and manhole costs. Three acceptable bids were received. Staff recommends award to Gdffith Company in the amount of $2,329,925.70. Staff also requests appropriation of $60,000 fund balance to the ClP budget within the Sewer Enterprise Fund for the manhole costs. Miscellaneous: Item 8pp. Appropriate $235,000 fund balance to the Public Works Department Operatinq Bud,qet within the Sewer Enterprise Fund for unanticipated electricity costs. Staff was originally informed that the co- generation system upgrade at Wastewater Treatment Plant No. 2 would be completed and operational by June, 2001. Subsequently, there were numerous delays from faulty equipment, which prevented the use of the co-generation system until November, 2001. In addition, PG&E began the imposition of surcharges in July, 2001 when power rates went from an average of $.08/kwh to $.12-$.15/kwh afterwards. Wastewater Division Staff has worked diligently to reduce power consumption at both Plants 2 and 3, but electrical costs have exceeded appropriations. Because of these two items, the electrical account for Plant 2 is anticipated to be over expended by $233,000. Item 8qq. Appropriate $908,463.47 excess interest eamin.qs to the Capital Improvement Pro.qram within Assessment District 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurel.qlen) for acquisition of additional public improvements within the District boundaries. On August 16, 2000, Council approved a resolution approving additional improvements to be completed and funded by HONORABLE MAYOR AND CITY COUNCIL JUNE 7, 2002 PAGE $ interest earnings from the construction fund in Assessment Distdct 94-3. The interest earnings now need to be appropriated to facilitate the payment for the additional public improvements that are complete. Item 8ss. Inclusion of additional fundinq for the Bakersfield Symphony Orchestra of $4,000 and Bakersfield Museum of Art of $25,000 in the proposed fiscal year 2002-03 budRet. The City Council policy regarding applications for contributions from nonprofit organizations states the Council will not consider assistance to nonprofit groups for ongoing operation and maintenance with the exception of the following groups which the City has had a long standing relationship: Bakersfield Senior Center, Bakersfield Museum of Art and the Bakersfield Symphony Orchestra. The sources and amounts of funds to be contributed annually to these three organizations are recommended by the City Manager as part of the Annual Budget, subject to City Council review and approval. The Budget and Finance Committee met to review the above requests and determined the Bakersfield Museum of Art's request does fit within the Council's policy and the Committee recommends approval of the request to include a $25,000 contribution in the fiscal year 2002-03 proposed budget to partially fund expanded outreach programs at Rafer Johnson and Bessie Owens e!ementary schools. The Budget and Finance Committee also recommends the City increase its contribution to the Bakersfield Symphony Orchestra from $46,000 to $50,000 to cover the cost of two additional concerts and therefore add $4,000 for the symphony in the proposed fiscal year 2002-03 budget. item 8tt. Acceptance of final lease payment from Gary Garone for Plant 2 Municipal Farm in the amount of $161,156. In early 2002, staff received a letter requesting a reduction in annual rent based on long-term improvements made to the farm in 2001 and removal of 393 acres from the lease by the City. Staff does not recommend any adjustment be allowed for removal of the acreage due to the amount of fallow land on the farm. However, staff did note that the owner has made ail lease payments in excess of the minimum amount by + $124,000 annually. Staff recommends favorable consideration to a one-time offset for the final lease payment, and reduction to the amount of $161,156. The Water Board approved this action and recommends approval by the City Council. HEARINGS item 9a. Public Hearin,q for the FY 2002-03 Operatinq, Bakersfield Redevelopment A.qenc¥ and Capital Improvement Program Bud.qets. Each year a public hearing is required prior to adoption of the budget to hear public comment. The FY 2002-03 budget is proposed at $328,422,547 which includes a $240,360,945 operating budget, a $6,745,087 Bakersfield Redevelopment Agency budget and a $81,316,515 capital improvement budget. Final adoption of the budget is scheduled for June 26, 2002. Item 9b. Public headn,q to determine whether the public interest and necessity require acquisition by eminent domain of property located at 1029 13th Street for parking for the Centennial Garden Arena/Convention Center. This is a friendly condemnation action agreed to by the property owner and the City, The property is being purchase as part of a redevelopment effort in the downtown. The property will be used for interim parking for the Centennial Garden and Convention Center. The Council must adopt the Resolution of Necessity by a two-thirds vote of all members of the Council. Item 9c. Public hearinq to determine whether the public interest and necessity require acquisition by eminent domain of property located at 1313 Q Street for an Aquatics Center and Indoor Ice Center. This is a friendly condemnation action agreed to by the property owner and the City. The property is being purchase as part of a redevelopment effort in the downtown. The property will be used for intedm parking for the Centennial Garden and Convention Center. The Council must adopt the Resolution of Necessity by a two-thirds vote of all members of the Council. HONORABLE MAYOR AND CITY COUNCIL JUNE 7, 2002 PAGE (~ Item 9d. Concurrent General Plan Amendment/Zone Chan.qe for approximately five acres, located at the northwest corner of Jewetta Avenue and Bdmhall Road. This item was continued by Council from the May 22, 2002 meeting in order for the applicant and surrounding property owners to discuss the project and come to a decision. The owner wishes to rezone his property on the comer of Jewetta and Brimhall from Residential to Office Commercial, and build a medical office. Some neighbors are concerned about the impacts of the project on their residences. The property owner is offedng to dedicate right-of-way to the City that will help reconfigure the sidewalks and street lights used by students crossing Bdmhall to Liberty High School. Staff feels the development will increase pedestrian and vehicle safety at that comer. In addition, staff feels that the Planned Commercial Development zoning will give the neighbors an opportunity to petition to the Planning Commission again later when the project is being designed. Staff met with the interested parties to resolve issues and perhaps develop a compromise, but were unsuccessful. Staff recommends approval of the GPNZone Change. Item 9e. Protest hearin.q for proposed Assessment Distdct (Madison Grove/San Lauren/Mountain VistaNVestlake) and Resolution approving Final Engineer's Report. Notice of assessments and cash payment opportunities have been mailed to the property owners of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of any of the assessments in cash. The next step will be the pre- marketing and pricing of bond sale to be concluded on the June 26, 2002 Council meeting. Item 9f. Protest headn.q reRardin.q the Park Landscapinq Assessment for the Consolidated Maintenance District. Park landscaping assessment rates were not increased for FY 2002-2003, This hearing is to hear protests on the fairness of the benefit formula, the zone of benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be assessed, and the reservation by the City of dght to elect whether to proceed to perform work by City forces or by private contractor. This Resolution confirms the park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Item 9.q. Protest headnR re.qardinR the assessments for eiqht Traffic Si.qnal Maintenance Districts. Traffic signal assessment rates were not increased for the 2002-2003 fiscal year. This hearing is to hear protests on: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. The Resolution confirms the 2002-2003 Traffic Signal Maintenance District assessments and authorizes collection of the assessments by the Kern County Tax Collector. Item 9h. Protest hearing reRardino the Street Landscepinq Assessments for the Consolidated Maintenance District. Street landscaping assessment rates were not increased for the 2002-2003 fiscal year, however some assessments may be greater because of additional street landscaping in some areas, All assessments comply with the requirements of Proposition 218. This hearing is to hear protests on: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the street landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. The Resolution confirms the 2002-2003 Consolidated Maintenance District street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Item 9i. Section 108 & BEDI Application - Baker Street Revitalization. Section 108 loans are federally underwritten loans that provide the City the opportunity to receive an advance against their future CDBG entitlement by borrowing it today at a Iow interest rate. The City proposes by resolution to submit an application in the amount of $1.0 million and a Brownfield Economic Development Initiative Grant (BEDI) in the amount of $250,000 to HUD, to provide funds for various economic development and housing HONORABLE MAYOR AND CITY COUNCIL JUNE 7, 2002 PAGE 7 activities planned on Baker Street. The loan will be debt serviced from Old Town Kern Pioneer Redevelopment Project Area tax increment over 20 years at $86,000 annually. Redevelopment efforts include a mixed use retail/commercial and residential project in an area which extends from Monterey to Jackson Streets, and Lake to Kentucky Streets; construction of 60 senior apartments; incorporation of a Plaza/Mercado; and renovation of an existing theater to host cultural and entertainment events. A recently obtained EDI grant is earmarked for streetscape improvements on Baker Street, from Niles to Truxtun which would see the installation of trees, historic street lights, and other public improvements. REPORTS Item 10a. Community Services Report No. 2-03. A citizens committee was appointed to consider placement of the documents and mottos. In regard to the historical documents, they recommended the following: 1) A picture of the Statue of Liberty framed by the Declaration of Independence and the Bill of Rights on the East wall of the Council chambers, and a picture of the Liberty Bell framed by the Gettysburg Address and the Emancipation Proclamation (condensed) on the West Wall; 2) A quote by Colonel Baker above the bulletin board in the foyer: "This is God's country. Someday it will be filled with happy homes....The place is rich in futura possibilities;" and 3) Other historical documents will be placed on the west wall across from the Mayor's office. All costs associated with the project will be funded by corporate donations of $500 each, with the citizens committee being responsible for all fundraising. In regard to mottos, they recommend both mottos surround the City seal located behind the Mayor's chair on the dais, with "In God We Trust" on top, and "e pluribus unum" on the bottom. The Community Services Committee unanimously approved their recommendations. DEFERRED BUSlNES~ Item 11a. Section 108 Loan Application - Public Facilities. There was a public headng on this item at the May 22, 2002 Council meeting. No public comments were received at the public headng, and it was closed. The item was deferred to the June 12, 2002 meeting in order to obtain clarity on final costs and budget issues related to the construction of the proposed aquatic facility. In order to move forward with the aquatic facility, staff recommends advance of $210,000 of unencumbered general funds currently budgeted in the Development Services - Demolition and Clearance account, and utilize $90,000 from the EDCD - unencumbered CDBG funds in the Acquisition and Demolition account, beginning in August 2002 for requirad property acquisition and demolition. AT:AC:al cc: Department Heads City Clerk's Office News Media File IMEETING DATE: June 12, 2002 ADMINISTRATIVE REPORT IAGENDASECTION: Budget Presentations ITEM: 2.a. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~T~ DATE: May 13, 2002 CITY ATTORNEY ~ CITY MANAGER ~_~ SUBJECT: Department Budget Presentations 1. Convention and Visitors Bureau RECOMMENDATION: BACKGROUND: The Convention and Visitors Bureau will provide a detailed overview of their FY 2002-2003 proposed operating budget. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. JWS:al 5/13/2002 11:13 AM S:~Admin Rpts~002~Budget Hearings 061202.doc ADMINISTRATIVE REPORT I MEETING DATE: June 12, 2002 AGENDA SECTION: Workshop ITEM: 2.b. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~.~/..~ DATE: June 4, 2002 CITY ATTORNEY c TY MA.AGER SUBJECT: Report by the Economic Development Director regarding a proposal to submit an application for Section 108 Public loan funds for Facilities activities and the Baker Street Revitalization Project. RECOMMENDATION: BACKGROUND: Donna Kunz, Economic Development Director will give a presentation regarding the application process and financing proposals for two programs using Section 108 Loan funds for Public Facilities and companion Brownsfield Economic Development Initiative (BEDI) grant funds for the Baker Street Revitalization Project. S:~A, dmins\Section 108 BEDI workshop.doc 9:15 AM ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 29, 2002 APPROVED DEPARTMENT HEAD.~Z~ CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Hicks v. City of Bakersfield Kern County Superior Court Case No. 244821 SPC RECOMMENDATION: BACKGROUND: BJT:lsc May 29, 2002, 11:22am ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Presentations ITEM: 5. a, TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall May 30, 2002 DEPARTMENT HEAD R~~]~ CITY A'I'TORNEY ClTY MANAGER SUBJECT: Presentation by Mayor Hall and City Council of Commendation Plaque to Senior Officer James "Mick" Gaines, Bakersfield Police Department. RECOMMENDATION: BACKGROUND: May 30, 2002, 4:41pm ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Appointments ITEM: 7.a. TO: Honorable Mayor and City Co~,. ~ APPROVED FROM: Pamela A. McCarthy, City Cie k~.~-~ DEPARTMENT HEAD DATE: May 31,2002 CITY ATI'ORNEY CITY MANAGER SUBJECT: One appointment to the Bakersfield Tree Advisory Committee due to the resignation of Judy Miller. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Bakersfield Tree Advisory Committee due to the resignation of Judy Miller. One application has been received from Ms. Leslie Walters. Ms. Walters is a Real Estate Agent and if appointed, she would represent the development industry on this Committee. On October 11,2000, the Council approved the recommendation of the Urban Development Committee to form a seven (7) member Metropolitan Bakersfield Tree Advisory Ad Hoc Committee. The purpose of this committee is to develop and recommend to local public agencies proposed uniform standards, policies and regulations for the selection, installation, maintenance and removal of trees within metropolitan Bakersfield for the purpose of urban forest management, new construction and commercial redevelopment. The Committee was formed in 2001 and will sunset after three years (2004), or sooner if the committee's purpose has been completed. The Director of Recreation and Parks and the Urban Forester serve as staff liaison to the Committee. May 31,2002, 9:01am T:\Clerk~Agenda~.DMJN FORM.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk May 29, 2002 DEPARTMENT HEAD CITY ATI'ORNEY CITY MANAGER Minutes of the Council Meetings May 20, 2002, and May 22, 2002. APPROVED RECOMMENDATION: BACKGROUND: bz S:\Cou ncil~admins~2002',J U N 1202.wpd May 29, 2002, 9:05am ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 30, 2002 APPROVED DEPARTMENT HE~~_ CITY ATTOR N~Y _~.~:~,~___ CITY MANAGER /,~ SUBJECT: Approval of department payments from May 10, 2002 to May 30, 2002 in the amount of $9,027,396.72 and self insurance payments from May 10, 2002 to May 30, 2002 in the amount of $194,203.65 RECOMMENDATION: Staff recommends approval of payments totaling $9,221,600.37. BACKGROUND: S:\KIMG\FORMS & LABLES\ADMIN-AP.DOC Idg ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 21,2002 APPROVED DEPARTMENT HEAD ~ CITY A'I-FORNEY r// ~ CITY MANAGER //T(._,.-' SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 122-12 from R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) to R-1 (One Family Dwelling) zone on 41 acres located along the north side of White Lane generally between Buena Vista Road and Allen Road ( ZC P01-1018). (Ward 5) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted a hearing of the general plan amendment and gave the first reading of the ordinance on May 22, 2002. The Planning Commission conducted public hearing(s) on this Zone Change and recommended that the City Council approve the requested Zone Changes at their April 4, 2002, meeting. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 14, 2002, in accordance with CEQA. MO (admin~une\6-12-1018) May 24, 2002, 3:25pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 21, 2002 x~_~VED DEPARTMENT HE~ CITY ATTORN~ CITY MANAGER Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 101-13 from A (Agriculture) to an R-1 (One Family Dwelling) zone on 40 acres located at the northeast corner of Noriega Road and Allen Road (ZC P01-0822). (Ward 4) RECOMMENDATION: Staff recommends adoPtion of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on May 22, 2002. The zoning ordinance would implement the general plan amendment to permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on April 4, 2002. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 1,2002, in accordance with CEQA. MO (admin~m ay\6-12-0822) May 24, 2002, 3:31prn ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent ITEM: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 24, 2002 APPROVED DEPARTMENT H~ CITY ATI'ORN~/ ~//'~' CITY MANAGER /~ An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-36 from R-1 to R-2 on 43.45 acres located along the south side of the Kern River Freeway Specific Plan Line, the easterly side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment, and Zoning Map Nos. 101-36 and 122-01 on 17.67 acres located along the northwest corner of Stockdale Highway and Jewetta Avenue alignment, west of the Rio Bravo Canal and east of Allen Road, and also amending "mitigation measure/condition number 29" of City Ordinance No. 3774 (P01-1019). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This item was heard as a general plan amendment given first reading at the May 22, 2002 City Council meeting. The zone change on these two sites will permit the development of multiple-family dwellings on 43.45 acres and single-family dwellings on 17.67 acres. The applicant has agreed to all conditions and mitigation for the project. Condition 29 was amended in hearings before the Planning Commission and approved by the City Council to relocate the horse trail and maintain the requirement to provide an equestrian staging area. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 1, 2002 in accordance with CEQA. RED (admin\june\6-12-1019) May 24, 2002, 3:22pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent TEM: 8. f. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 24, 2002 APPROVED DEPARTMENT H EA~'~j CITY A'n'ORNEY~ ~ CITY MANAGER //~,,~ SUBJECT: An Ordinance adopting the Notice of Exemption and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-1 (One Family-Dwelling) and C-2 (Regional Commercial) to OS (Open Space) on 40.44 acres generally located along the northerly sides of Stockdale Highway and the Cross Valley Canal, the southerly side of the Rio Bravo Canal and approximately one-half mile east of Allen Road (ZC 02-0106). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This item was heard as part of a general plan amendment and given first reading at the May 22, 2002 City Council meeting. This site will be used primarily as a water spreading ground. Secondary uses will be recreational uses such as soccer. The applicant has agreed to all conditions and mitigation for the project. Pursuant to CEQA, Section 15061(b)(3) General Rule the project does not have the potential to adversely the environment and is exempt from CEQA. Staff prepared a Notice of Exemption from CEQA. The Notice of Exemption, General Plan Amendment and Zone Change were published in The Bakersfield Californian and posted on March 1,2002. RED (admin\june\6-12-0106) May 24, 2002, 3:28pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent ITEM: 8. g. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 24, 2002 DEPARTMENT HE~~_~ CITY MANAGER SUBJECT: An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-25 from A-20A (Agricultural-20 Acre Minimum Lot Size) to R-1 (One-Family Dwelling) on 98.39 acres located east of Wible Road between Berkshire Road and Hosking Road (P01-1014). (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This item was heard as part of a general plan amendment and given first reading at the May 22, 2002 City Council meeting. This zone change would permit the development of single-family dwelling units. A total of 489 single- family dwellings are proposed. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 1, 2002, in accordance with CEQA. RED (admin\june\§-12-01014) May 24, 2002, 3:27pm ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 iENDA SECTION: Consent ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 22, 2002  ____~VED DEPARTMENT HEA~~/~- ClTY MANAGER /"~ An Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family Dwelling) on 7.66 acres located adjacent on the north side of Brimhall Road, approximately one quarter mile east of Jewetta Avenue. (ZC P01-1022) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on May 22, 2002. The requested zone change (ZC P01-1022) was proposed in conjunction with GPA P01-1022, which the City Council adopted on May 22, 2002. The City Council also adopted Conditions of Approval which are provided in Exhibit 3 of the Ordinance. This Ordinance reflects the general plan amendment in the zoning ordinance. WC:pjt (admin\jun\6-12-1022 May 29, 2002, 9:06am ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 20, 2002 APPROVED DEPARTMENT .EAp /' CITY ATFORN E~;" An Ordinance amending the Bakersfield Municipal Code Section § 1.12.040 and Section 1.12.070 by adding Annexation Nos. 422, 425, 426, 430 and 432 to Ward 4 and Annexation Nos. 423 and 424 to Ward 7. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted first reading of the ordinance on May 22, 2002. This Ordinance amends the ward boundaries to include Annexation Nos. 422, 423, 424, 425, 426, 430, 432 areas into the corresponding Council Ward. The annexations were approved by LAFCO recently. Annexation No. 422, 425, 426 and 432 are all located generally north of Reina Road to Snow Road and between Jewetta Avenue and Allen Road. This area is being developed with single family residential subdivisions. The property owners requested annexation to develop in the City. Annexation No. 426 is an inhabited annexation in which Centex Homes (the developer of the residential tract) requested annexation after they conducted a neighborhood meeting last year. Since then, LAFCO held public hearings for the annexation and the Protest Hearing, where no protests were filed. These annexations comprise of approximately 487 acres. Annexation No. 423 is located at the southeast corner of Talisman and Castro Lane. The site consists of 0.45 acres and is developed with a single family residence. The property owner requested annexation to receive city services. Annexation No. 424 is located along the south side of Hosking Avenue, west of South Union Avenue. The site consist of 77 acres which is currently being developed with a new high school and has one residence. The property owners have requested annexation to receive city services. Annexation No. 430 is located at northeast corner of Noriega Road and Allen Road. This site consists of 40 acres and will be developed with single family residential. The property owner requested annexation to receive city services. MO:pjt (adm in\june\6-12\423-424) May 21, 2002, 8:25am ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.,i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 15, 2002 APPROVED DEPARTMENT HEAD CITY A'I'FORNEY~_,,~ CITY MANAGER Regional Transportation Impact Fee: Ordinance amending Section 15.84.040 of Chapter 15.84 of the Bakersfield Municipal Code relating to imposition of transportation impact fee. RECOMMENDATION: Staff recommends second reading of ordinance. BACKGROUND: Staff has met with both the Urban Development Committee and the Building Industry Association regarding an increase to both the Transportation Impact Fee and the associated Facilities List improvement costs by the Construction Cost Index from the period between 1997 to 2000. The current ordinance allows an annual increase of the fee by the Construction Cost Index, but it is not automatic. The ordinance amendment will change the pertinent section to adjust the fee automatically by the annual Construction Cost Index. The first reading of this ordinance was held May 8, 2002. dns May 23, 2002, 8:10arn G:\G ROU P DATV~DMIN R PT~002~Jun 12\TIFincrease.wpd ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Robert M. Sherfy, Assistant City Attorney June 4, 2002 APPROVED DEPARTMENT HEAD//~''~ CITY ATFORNEY ~ CITY MANAGER An Ordinance amending Section 1.34.010 Subdivision B and Section 1.34.020 Subsection B of the Bakersfield Municipal Code relating to administrative appeals. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This Ordinance received first reading at the City Council meeting on May 22, 2002. Recently, as a part of the streamlining process, the Council adopted Chapter 1.34 of the Bakersfield Municipal Code regarding administrative appeals. Chapter 1.34 provides that wherever the Municipal Code provides for an appeal to the City Manager or for an appeal to a City Department Head, the matter may be heard by the designee of the City Manager (in cases appealable to the City Manager) or the designee of the Department Head (in cases appealable to the Department Head). This Ordinance will amend the time within which the City Manager or Department Head would conduct the hearing. Currently, the Ordinance provides that the matter is to be heard by the City Manager or Department Head within thirty (30) days of the request for an appeal hearing. The amendment provides that the appeal would be heard within forty-five (45) days of the request instead. Currently, for appeals to the City Manager, the City Manager's Office intends to hold hearings on the second Monday of each month. Under this procedure, while there will be monthly hearings, they wilt not necessarily be held exactly thirty (30) days apart. Hence, staff has requested that the above amendment be implemented. S:\COUNCIL~Admins\1.34ArnendAdmin.wpd June 4, 2002, 9:24am ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent ITEM: 8.]. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager April 17, 2002 APPROVED DEPARTMENT HEAD ,/~ CITY ATTORNEY~'~ ClTY MANAGER Amendment No. 3 to Contract No. 97-39 with the Public Employees' Retirement System (PERS) Ordinance authorizing an Amendment to the Contract of Administration of the Public Employees' Retirement System to provide Section 21354.3 (3% @ 60 Full formula) for local miscellaneous members Agreement with the Public Employees' Retirement System (PERS) to provide Section 21354.3 (3% @ 60 Full formula) for local miscellaneous members. RECOMMENDATION: Staff recommends adoption of the Ordinance approving the amendment. BACKGROUND: This amendment implements a recent change to the City's agreement with the Blue and White Collar, Miscellaneous Supervisory and Miscellaneous Management units which provides for the pementage of final compensation to be provided for each year of credited prior and current service as a miscellaneous employee to be determined in accordance with Section 21354.3 of Public Employees' Retirement Law (3% at age 60 Full). Due to the funding level at this time, there will be no additional cost to the City or employees for this benefit now. It is anticipated that there will be no additional cost to the City until fiscal year 2004-05. The City of Bakersfield has a contract with the Public Employees' Retirement System (PERS) where the City contributes money for retirement benefits for each regular employee following a specified period of employment. Retirement benefits are based upon the number of years of service and salary of an employee. PERS will allow a contracting agency to adopt an amendment to their original contract to allow changes in benefit levels. This amendment to the contract was recently negotiated with the Blue and White Collar union and approved in a recent change to the salary resolution affecting miscellaneous General Supervisory and General Management employees. These agreements provide that the City will pay the additional 1% employee cost which this benefit costs, so there is no additional cost to the employee. A notice of Intention to amend our contract with PERS to allow this change to Section 21354.3 must be made public twice by the City Council, and then it can be adopted after at least 20 days following the first reading of the Ordinance. This Ordinance was given first reading at the meeting of May 8, 2002. Staff recommends the adoption of this amendment to the City's contract with PERS. Said adoption is accomplished by passage of the attached ordinance (uncodified). ADMINIST TIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 30, 2002 APPROVED DEPARTMENTHEAD CITY ATTORNEY .,~ CITY MANAGER Resolution of Intention No. 1277 to add territory, Area 1-33 (Jewetta, Olive SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract 5625, Units One and Two, to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-33 is generally bounded by Olive Drive on the north, Jewetta Avenue on the east, a line 1/4 mile south of Olive Drive on the south, and a line 1/4 mile west of Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ivd May 23, 2002, 3:34PM G:\GROU PDAT~ADMINRPT~2002\J un 12\mdl-33d02.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 30, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER Resolution of Intention No. 1278 to add territory, Area 3-17 (Wible, Hosking SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 5362, Unit 3, be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 3-17 (Wible, Hosking SE), to the Consolidated Maintenance District. Area 3-17 is generally bounded by Hosking Avenue on the north, a line 3/8 of a mile east of Wible Road on the east, a line 1/4 mile south of Hosking Avenue on the south, and Wible Road on the west. This area will be under the park and streetscape zones of benefit and wilt be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ivd May 24, 2002, 2:06PM G:\GROU PDAT~DMI NR PT~.002\J un 12\md3-17ri02.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. o. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~'~ . EY ~ DATE: May 31,2002 cn'Y A'I-I'ORN ~ CITY MANAGER ~ SUBJECT: A resolution providing for the collection of refuse charges (no fee increase) by the Kern County Tax Collector and that assessments being placed on the tax roll are in compliance with the requirements of Proposition 218, RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Staff has proposed a zero fee increase for refuse charges in FY 2002-03. The subject resolution certifies compliance with Proposition 218 as required to transfer the billing function to the Kern County Tax Collector. ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: $. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Start Ford, Director of Recreation and Parks May 13, 2002 APPROVED DEPARTMENT HEAD,~.~~ CITY ATTORNEY ~'x/~' CITY MANAGER ~,/ Adoption of Resolution approving one Native Amedcan name designation at River Oaks Park and two Native American name designations at Yokuts Park. (Wards 4, 5) RECOMMENDATION: Community Services Committee recommends adoption of resolution. BACKGROUND: On November 29, 2000, the City Council approved Resolution No. 142-00 which approved three Native American name designations and provided a process for future designations. The resolution states that future requests for name designations will first be presented to the Citizens' Community Services Advisory Committee, which in turn will forward its recommendation to the Community Services Committee. The Native American Heritage Preservation Council's current request is to add a Native American name to the River Oaks Park sign and place two boulders at Yokuts Park bearing plaques with Native American names. On November 13, 2001, the Citizens' Community Services Advisory Committee approved the addition of the Native American name "Cholich Kenim" to the River Oaks Park sign. The park sign would have three lines: River Oaks Park, Cholich Kenim, and the last line, City of Bakersfield. In addition, the Committee approved the placement of two large boulders at Yokuts Park. Each boulder would have a plaque with phonetic spelling and Native American definitions of "Pe-esh-e" and "Kodis." Staff has met with representatives of the Native American group and Coleman Homes who have agreed to allow the name to be added to the River Oaks Park sign. The Native American Heritage Preservation Council will pay for the additional expense to add the name to the River Oaks Park sign and provide the boulders and plaques for Yokuts Park. The proposed resolution approves the above-mentioned names. The Community Services Committee met on April 17, 2002, and recommended the Council adopt the resolution. May 13, 2002, 9:24am P:~Admin Rpts~Native Indian Name-Adrnin.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director June 4, 2002 AGENDAiTEM: 8;q;SECTION: Consent Calendar APPROVED DEPARTMENT HEAD CITY MANAGER .~,~---~ SUBJECT: Resolution Adopting the Certification of the Completion of the Tier 1 Environmental Impact Report (EIR-Tier 1) Prepared by the State of California Department of Transportation for the Proposed Alignment of State Route 58 from State Route 99 to Interstate 5, and Approving the City of Bakersfield as the Lead Agency for the EIR-Tier 1 and its use for the Westside Parkway Facilit7. (Wards 4,5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: City staff has submitted applications to Caltrans to receive an allocation of State and Federal programmed funds from the California Transportation Commission for the preparation of a T~er 2 Environmental Document and for the acquisition of dght of way for the Westside Parkway project. Caltrans staff has indicated that the City of Bakersfield must acknowledge its status as lead agency not only for the project, but also for the Tier 1 EIR previously prepared by Caltrans for the State Route 58 project, before the allocation request can go forward. The attached Resolution adopts the EIR prepared by Caltrans which is necessary for the City to proceed with the acquisition of right of way for the Westside Parkway. N. Fidler @ext3586 June 5, 2002, 10:22am G:~GROUP DAT~AD MIN RP~A2OO2~Jun 1LAwestsidepattw~ayC EQA.wpd ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director May 24, 2002 Tract Maps/Improvement Agreements DEPARTMENT HEAD ~ CITY ATTORNEY ~/'~ CITY MANAGER ~ Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6045 located north of Chamber Boulevard and west of Windermere Street. (Ward 4) Final Map with ADH Corporation for Tract 5948 Phase E located south of Virginia Avenue and west of Sterling Road. (Ward 1) Improvement agreement with Riverlakes Investment Company for Off Site Improvements for Tract 6080 as required by Riverlakes Agreement No. 99-118. (Ward 4) Final Map and Improvement Agreements with Palisades At Riverlakes, LLC, for Tract 6023 Phase 2 located north of Olive Drive and east of Calloway Drive. (Ward 4) 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: G:\GROUPDAT',ADMINRPT~2002\Jun 12\MAPS&IMPAGR.wpd May 24. 2002.3:28pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Bart J. Thiltgen, City Attorney May 23, 2002 APPROVED DEPARTMENT HEAD 6;~~ CITY ATTORNEY ~ CITY MANAGER ~ Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Services in the amount of $40,000 to be paid from the Self-Insurance Workers' Compensation Fund RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Although most of the legal work on workers' compensation cases is handled in-house, the City has continued to retain the law firm of Hanna, Brophy, MacLean, McAleer & Jensen to assist in complex workers' compensation matters. The cases presently handled by Hanna, Brophy are cases with high exposure, conflicts, unusually complex, or venued outside of Bakersfield. Additionally, Hanna, Brophy provides valuable, immediate advice to the City and its outside administrator on other workers' compensation files when requested. All of the firm's attorneys are very knowledgeable and effective at handling workers' compensation cases. Over the past six years, Hanna, Brophy has represented the City on some of the most difficult and complex workers' compensation cases against the City. The City Attorney's Office estimates Hanna, Brophy has saved the City conservatively over $200,000 in workers' compensation benefit payments in the last year on different cases on which they have rendered advice or which they handled. Hanna, Brophy's rates are extremely reasonable relative to customary attorneys' hourly rates. They currently charge only $135 per hour while one would normally be charged $150-$200 per hour for legal services involving this level of expertise. The local Workers' Compensation Appeals Board customarily awards applicants' attorneys $175 per hour for attorneys' fees. The fees paid by the Cityto Hanna, Brophy have arrived at the previous contract limit of $40,000. The City desires to continue its relationship with Hanna, Brophy, and thus, it is appropriate to have Council approve another contract. AMS S:\CO UNCIL\Admins\WC-ATTYK5.CC.wpd ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.t.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 24, 2002 APPROVED DEPARTMENT HEAD~,~ CiTY ATTORNEY ~ CITY MANAGER Agreement with Communities at Westlake LLC to purchase real property in tract 6077, phase 1 located east of Jewetta Ave., west of Calloway Rd. for $42,746 for a domestic water water well site. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Water Resources Division is acquiring a water well site to provide domestic drinking water for homes currently being constructed in the area. The water well site contains approximately 11,007 square feet. The owner, Communities at Westlake LLC will be responsible for all off-site improvements as set out in the purchase agreement. The purchase price of $42,746 is based on an appraisal by Michael C. Burger, MAI an independent fee appraiser and is consistent with sales of comparable properties in the area. On June 6, 2002, the Planning Commission will be asked to find the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. DMNs May 24, 2002, 10:51am ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent ITEM: 8.u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police June 6, 2002 APPROVED DEPARTMENT HEAD~ CITY ATFORNEY ~ ClTY MANAGER An Agreement for $50,000 with the Bakersfield City School District to provide public safety assistance at the following schools: Chipman Junior High, Washington Junior High, Emerson Junior High, Sequoia Junior High and Walter Stiern Middle School. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The Bakersfield City School District has requested the City provide public safety assistance to schools serving their pupils at Chipman, Washington, Emerson, Sequoia Junior Highs and Walter Stiern Middle School. A police officer has been assigned at the District Office, acting as a School Resource Officer. Public safety assistance provided by the officer may include providing security on campus when required, training for school staff and coordinating criminal justice services to school staff. The District has received funding from the State of California pursuant to Assembly Bill 1113 for this purpose. This Agreement allows the City to provide the services of a trained, sworn and uniformed police officer for a minimum of forty (40) hours per week. The District will pay the City fifty thousand dollars ($50,000) for the services. /rcu June 6, 2002, 11:08am P:~ADMRPT~BCSD Agreement.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar TEM: ~. v. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2002 APPROVED DEPARTMENT HEAD~__~ ClTY ATTORNEY ~ ClTY MANAGER ~ SUBJECT: Approve agreement with Tri-State Auction Company to sell surplus personal property. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City has had non-exclusive agreements with Tri-State Auction Company, a local business, since 1994 to sell surplus equipment such as sedans, pickups, office equipment, and items released for sale from the Police property room. The auction company does not charge the City a commission. This association with Tri-State Auction Company has proven beneficial to the City and staff requests a new agreement be entered into, for a period of one (1) year, with the option for two (2), one (1) year extensions. Either party may terminate the agreement upon ten (10) days written notice to the other party. P:~ADMIN~002 ADMIN\C02_0612E Auctioneer Services-Surplus Personal Proper~y.wpd GJK:DW:Ijm May 29, 2002, 3:55pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2002 AP, PROVED DEPARTMENT HEAD,~ CITY A11'ORNE-~Y CITY MANAGER SUBJECT: Approve agreement with C.H.P. Enterprises, Incorporated dba Ken Porter Auction Company to sell surplus personal property. RECOMMENDATION: Staff recommends approval of agreemen(~ BACKGROUND: The City has had non-exclusive agreements with Ken Porter Auction Company since 1996 to sell surplus specialty vehicles at auction, specifically heavy equipment such as refuse trucks, loaders, street sweepers and fire trucks. A local auction company sells the City's surplus smaller equipment such as sedans, pickups, office equipment, and items released for sale from the Police property room. Ken Porter Auction Company's auction site is in the Los Angeles area, and draws a large group of buyers from the Western states and Mexico. The competition among these buyers results in high resale profits for the City. The profits are returned to the Equipment Fund to supplement the purchase of new equipment. The auction company does not charge the City a commission and the equipment is transported to the auction site at no charge. This association with Ken Porter Auction Company has proven beneficial to the City and staff requests a new agreement be entered into, for a period of one (1) year, with the option for two (2), one (1) year extensions. Either party may terminate the agreement upon ten (10) days written notice to the other party. P:~ADMIN~2002 ADMIN~C02_0612F Auctioneer Services-Surplus Vehicles,wpd GJK:DW:Ijm May 29, 2002, 1:37pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.x. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: May 24, 2002 CITY ATTORNEY CITY MANAGER ~:~,,- SUBJECT: Agreement with Clarence Jefferson Wilson and Minnie Neomia Wilson to purchase real property located at 924 13th Street for $40,000 of Community Development Block Grant funds (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: As part of Amendment No. 1 to the Community Development Block Grant Action Plan approved by City Council, April 28, 1998, program funds were designated for the Acquisition and Demolition (AD) Program for vacant substandard properties in Wards I and 2. The purpose of the AD program was for the City to purchase and demolish deteriorated industrial, commercial and residential properties in redevelopment project areas. To date, five other properties have been acquired as part of this program, they include 1013 13th Street (AA Pet Hotel/Groomery), 1025 13~h Street (a vacant single family residence), 1300 "O" Street (a former gas station), 1275 "P" Street (a commercial refrigeration business, and 1301 "Q" Street (a picture framing business). With the demolition of the above sites the CDBG goal of the elimination of spot blight was achieved. The next property to be acquired is a single family residence located at 924 13~h Street. This property is being sold by Clarence Jefferson Wilson and Minnie Neomia Wilson for $40,000. The purchase price for this site is a product of negotiations based on an appraisal by Michael Burger, MAI. The site is a 5,775 square foot parcel zoned R-3 developed with a single stow 840 square foot wood framed dwelling built in 1915. The property is currently occupied and the tenant will be relocated pursuant to the Uniform Relocation Act. The Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent upon such a finding. The environmental release from the HUD-LA office was received in March 2002. Once the City has taken title to the property, it will be demolished. S:~dmins\924 13th purchase.doc 5/30/2002 8:15 AM ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager May 17, 2002 APPROVED DEPARTMENT HEAD ~ ~, CITY ATTORNEY /~/~ CITY MANAGER ,,/~ License Agreement with North Kern Water Storage District for constructing, operating and maintaining a twelve inch diameter domestic water mainline along the southerly canal bank of the Calloway Canal just west of Calloway Road. (Ward No. 4) RECOMMENDATION: Staff recommends execution of License Agreement. BACKGROUND: This license agreement will allow the City to construct, operate and maintain a 12" diameter domestic water pipeline within the fee simple right-of-way of North Kern Water Storage District's (North Kern) Calloway Canal. The water main is necessary to extend the existing domestic water service main located on Calloway Road, just south of the future Olive Drive extension, to a new residential development near Reina Road and Jewetta Avenue. North Kern will allow the use of the property for only the water pipeline, requires the City indemnify North Kern from damage and liability in the placement of the pipeline within the canal right-of-way and that City provide insurance coverage through the City's self-insurance program. The term of the agreement is ten years, with renewals for successive terms of ten years. S:~2002 ADMIN REPORTS~JN12WT1.CC.wpd May 14, 2002, 3:45prn ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. z. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~.,._. DATE: May 22, 2002 CITY A'R'ORNEY <:~--~'~'~ CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 01-045 with Loop Electric to add $15,000 (for a total contract amount of $60,000) for vehicle loop cutting at various intersections within the city. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: At the February 14,2001 Council Meeting, the annual contract for vehicle loop cutting services at various intersections within the City was awarded to Loop Electric for $25,000. An additional $20,000 was added to the contract by Amendment No. I at the February 20, 2002 Council Meeting. At this time the annual contract amount has been exhausted due to unanticipated repairs to defective loops at various locations. Currently, outstanding unpaid bills to the vendor total approximately $13,500. Staff recommends increasing the annual contract amount by $15,000 to cover the increase in vehicle loop repairs. No additional appropriation is required. This administrative procedure is necessary to cover the annual contract until the item is sent out to bid. PE; urs G:\GROUPDA~ADMINRP~2002Uun 12~LoopElecNo, 2,wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. aa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager May 31,2002 DEPARTMENT HEAD CITY A'I'rORNEY CITY MANAGER APPROVED Amendment No. 3 to Agreement No. 98-222 with HTE, Inc. for Service Support of Licensed Software in the amount of $86,184.15 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: HTE developed many of the software programs which the City runs on the AS/400 computer. Such programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable; Business Licenses; Utility Billing; Work Orders; Fire Records Management; Park Reservations, etc. This amendment will ensure that HTE will update and provide service for any problems encountered with these programs. The Agreement calls for a one-time payment of $86,184.15 which will ensure support through July 31,2002. This amount was included in the FY 01-02 budget. Schedule "A" of the Agreement breaks down the annual cost for serving each individual program. This agreement is being processed late in the fiscal year because staff wanted to insure that all applications were being properly invoiced and covered by this service agreement. May 31, 2002, 10:06am S:~BUDGET~Bud2001-02~Admin for Agenda for HTE Agreement 98_222_3.wpd ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. bb. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~ DATE: May 30, 2002 CITY ATTORNEY ~ ~ CITY MANAGER ~'/~ SUBJECT: Amendment No, 5 to Agreement No. 96-178 with SPCA Independent Contractors Agreement in the amount of $679,221 to Cover Increased Costs of Operation for FY 2002- 03. RECOMMENDATION: Staff recommends adoption of Amendment. BACKGROUND: The SPCA, like many organizations, is continuing to experience increased operating and personnel costs in addition to state mandates. It has been attempting to cover the costs of these expenses incrementally over time. Thus, the SPCA is requesting a monthly increase in its annual contract with the City (Agreement #96-178 (4)) in the amount of $4,985.75. This is an increase of $59,829, for a total annual amount of $679,221, or $56,601.75 per month for FY 2002-03. The current contract amount is $619,392, or $51,616 per month. The proposed contract change is to take effect July 1, 2002. The City's animal control contract with the City extends through June 30, 2003. The proposed increase in the contract amount will cover anticipated increases. A request for an increase in licensing and animal control fees was received in 2001-2002 with implementation anticipated in FY 2002- 2003. In the upcoming year, the SPCA will analyze costs and revenues associated with its provision of animal control services to the City as it works with City staff to develop a proposal for a new long-term contract with the City for animal control beginning in June 2003. The requested contract amount increase of $59,829 has been included in the 2002-2003 proposed budget. (P:\SPCA~ADM02-06-12-1 ) May 30, 2002, 3:08pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. cc. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 31,2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY U~ CITY MANAGER Contract Change Order No. 8 for $55,860.75 (for a total Contract Amount of $1,174,274.48) to Agreement No. 00-309 with Griffith Company for the Resurfacing/Interconnect Various Streets in the City of Bakersfield 1999-2000 Phase II Project. (Wards 2, 5, and 7) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This Project includes the installation of traffic signal interconnect conduit and the resurfacing of various streets with asphalt concrete in the City of Bakersfield. Due to field conditions encountered during construction, several items of the contract had to be either increased or decreased. This "balancing" change order is a reflection of those changes. These changes in quantity were necessary due to various conditions discovered such as a need for additional roadway reconstruction on Chester Avenue, additional asphalt leveling needed on Stockdale Highway, and a decrease in needed pavement reinfomement fabric. The Change Order also reflects price deductions for asphalt concrete due to failure to meet the compaction requirement. These price adjustments are outlined in the contract. This work is funded 88~53% by Federal funds and 11.47% by State Gas Tax funds. Sufficient funds are available within the project to cover the cost of this change order. With this Change Order, the revised contract amount will be $1,174,274.48 dns May 31,2002, 11:35am G:\GROUPDA'I'~DM[NRPT~.002"Jun 12~CCO 8 Resurface-Interconnect Phase [I.wpd ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. dd. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2002 APPROVED DEPARTMENT HEAD//,/~ ~/~., CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid to award annual contract to Loop Electric, not to exceed the 2002-03 budgeted amount of $50,000, for vehicle loop cutting services at various intersections within the City. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used by the Traffic division when work is required on City streets. Invitations to bid were sent to five (5) contractors and advertised in the newspaper. One (1) bid, from the current contract holder, a local business, was received with no increase in price. P:~ADMIN~002 ADMIN\C02_0612D Annual Contract Vehicle Loop Cutting REVISION.wpd GJK:DW:Ijm June 5, 2002, 11:52am ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. ee. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 29, 2002 APPROVED DEPARTMENT HEAD~ CITY ATrORN~Y~/~~ ClTY MANAGER ,~J SUBJECT: Accept bid to award annual contract to Battery Systems, not to exceed the budgeted amount of $60,000.00, to furnish automotive batteries. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides automotive batteries as needed. Invitations to bid were sent to five (5) vendors. Two (2) bids were received. Departments estimate quantities and types of supplies that may be required for the contract year. The unit prices of the two bidders were compared to determine the Iow bidder, and the lowest prices were offered by Battery Systems. P:'~,DMIN',2002 ADMIN\C02_0612C Annual Contract Automotive Batteries.wpd GJK:DW:Ijm May 29, 2002, 12:58pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. ff. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 30, 3002 A~OVED DEPARTMENT HEAD CITY MANAGER Liquified and Compressed Natural Gas (LCNG) Fueling Facility (Ward 2): Accept bid to award contract to General Physics Corporation, $1,172,679 for LCNG Fueling Facility, for base bid only. Appropriate $1,041,682 Congestion Management Air Quality (CMAQ) funds to the Capital Improvement Budget within the Equipment Management Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: The construction of this project provides for a new Natural Gas Fueling Facility which will replace the existing leased facility. This project is budgeted in the capital improvement program and will be paid for predominantly by federal CMAQ funds. Staff has received a letter from A. E. Schmidt Environmental, the second Iow bidder, protesting the award of the contract to General Physics Corporation. A.E. Schmidt Environmental claims General Physics Corporation did not make a good faith effort for obtaining Disadvantage Business Enterprise (DBE) Sub- Contractors. The DBE Oversight Committee has reviewed the good faith effort performed by General Physics Corporation and has determined the Iow bid is responsive. Two bids were received on May 8, 2002 as follows: General Physics Corporation 2430 Vineyard Avenue, Suite 103 Escondido, CA 92029-1226 (Out of town) A. E. Schmidt Environmental 8100 Balboa Place Van Nuys, CA 91406 (Out of town) in the amount of in the amount of $1,172,679.00 for Base Bid $1,187,954.00 for Base Bid (Cmw) June 4, 2002, 1:14pm G:\G ROUPDA3'~ADMINRP'r'~002~Jun 12~CNGfuelsta,wpd ADMINISTRATIVE REPORT MEETING DATE: June 26, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.gg. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 30, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~'~[/.~' ClTY MANAGER ~ Mount Vernon Sewer Improvements (Ward 1 ): 1. Accept bid to award contract to Nicholas Construction ($115,907) for improvements to the Mount Vernon Sewer. Transfer $50,000 of Capital Improvement Program Budget Appropriations from the Miscellaneous Sewer Lift Improvements Project to the Sewer Trunkline, Mount Vernon, Project within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and approval of appropriation. BACKGROUND: This project consists of removing unused and deteriorated facilities at the junction of two trunk lines and replacing these facilities with new lined pipe and manholes. There is also a constriction in this fiow which will be eliminated with this project. This project is budgeted in the Capital Improvement Program. The Engineer's estimate for this project was $132,180. Three acceptable bids were received on May 29, 2002 as follows: Nicholas Construction 16824 Johnson Road Bakersfield, Ca 93312 HPS Mechanical, Inc 3100 E. Belle Terrace Bakersfield, Ca 93307 W. M. Lyles Company 1210 W. Olive Drive Fresno, Ca 93728 JB G:\GROUPDAT~ADMINRP'i'~2002~Jun 26~mv - sewer - ARpt.wpd City In the amount of $115,907.00 City In the amount of $143,230.60 OutofTown In the amount of $161,884.00 ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.hh. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 30, 2002 APPROVED DEPARTMENT HEAD ~ CITY A'n'ORNEY ~ CITY MANAGER ~ Accept bid to award contract for Base Bid and Additive Alternate to Griffith Company in the amount of $63,042.00 for the Additional Asphalt Paving at South Mount Vernon Recycling Center. (Ward 1) RECOMMENDATION: Staff recommends acceptance of Iow Base Bid plus Additive Alternate and award of contract. BACKGROUND: This project is budgeted in the Capital Improvement Program for the current fiscal year. In 1999, an asphalt pad was constructed at the City's Recycling Facility located on South Mount Vernon Avenue. The purpose of this pad was to provide a convenient place for recycling material drop-off and removal. This current project will enlarge the existing asphalt pad to provide more area for recycling material drop-off and to improve the drainage of the drop-off area. This project was budgeted in the 2001-2002 fiscal year Capital Improvement Program. The Engineer's Estimate for the Base Bid plus the Additive Alternate Bid is $95,000. Ten (10) acceptable bids were received on Tuesday, May 7, 2002, as listed below: 1. Griffith Company Base Bid $ 47,962.00 1898 South Union Avenue Base Bid plus Additive Alternate $ 63,042.00 Bakersfield, CA 93307 (City) 2. Kern Asphalt and Paving Sealing Base Bid $ 48,551.00 4100 AIken Street Base Bid plus Additive Alternate $ 68,738.00. Bakersfield, CA 93308 (County) jcu May 30, 2002, 8:17am S:\PROJ ECTS~Jcu~2001-2002\Resu rfacing~Ad min Report_Resudacing.wpd ADMINISTRATIVE REPORT P..e 2 10. Granite Construction Company 585 W. Beach Street Watsonville, CA 95077 (Out of Town) Sturgeon & Son Grading & Paving 3511 Gilmore Avenue Bakersfield, CA 93303 (County) Schweitzer Construction Inc. 6217 Euclid Avenue Bakersfield, CA 93308 (County) Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (County) Burtch Trucking Inc. 18815 Hwy 65 Bakersfield, CA 93380 (County) E&M Constructors, Co. 15981 Yarnetl Street #198 Sylmar, CA 91342 (Out of Town) Central Valley Asphalt 315 E. Linsmore Street Lindsay, CA 93247 (Out of Town) Kern Valley Construction P.O. BOX 159 Arvin, CA 93203 (Out of Town) Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate Base Bid Base Bid plus Additive Alternate $ 50,733.00 $ 71,113.00 $ 49,458.80 $ 71,496.00 $ 51,339.16 $ 72,957.16 $ 58,401.88 $ 77,129.68 $ 56,482.31 $ 79,933.51 $ 61,964.00 $ 81,124.00 $ 60,333.76 $ 85,563.76 $ 60,674.60 $ 86,758.70 icu May 30, 2002, 8:17am S:\PROJECTS~Jcu~001-2002\Res urfacing~Adrnin Report_Resudacing.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.ii. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 31, 2002 APPROVED DEPARTMEN "E^D CiTY A~OR~ ~ CI~ MANAGER ~ Gosford ~oad ~econstruct and Stroot Improvomonts (Min~ ~vonuo to StockdalO Highway). (Ward 5): Accept bid to award contract to Granite Construction Company, ($2,881,198.60) for project. Appropriate $550,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund. Appropriate $715,000 Regional Surface Transportation Program (RSTP) Funds to the Capital Improvement Budget within the Intermodal Surface Transportation Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriations. BACKGROUND: This project consists of reconstructing Gosford Road with a I foot depth of asphalt concrete paving from Ming Avenue to Stockdale Highway; widening the intersection on Ming Avenue at Gosford Road; constructing right turn lanes on Gosford Road southbound at Camino Media and Kroll Way; and constructing a right turn lane on Stockdale Highway eastbound at Gosford Road. The original construction of Gosford Road does not meet current standards and the structural requirements for the existing traffic volumes. For this reason, Gosford Road pavement has continued to fail. Past resurfacing projects on Gosford Road have extended the pavement life for a few years, but continue to fail due to the underlying insufficient structural section. This project will provide the structural requirements necessary for the roadway with a 1 foot full depth asphalt concrete section. Federal Funds will cover 88.53% of the project costs for this portion of the work with the remaining 11.47% coming from the Gas Tax Fund. The intersection widening on Ming Avenue is to accommodate dual left turns for both east and westbound traffic. The right turn lane on Stockdale Highway will increase the capacity of the intersections and provide adequate deceleration and storage length for safe turning movements. Funds for the intersection widening and right turn lane on Stockdale Highway are to be appropriated from the Transportation Development Fund. G:\GroupdatV~dminrpt~2002~Jun 12\Gosford_Reconstruct.wpd June 5, 2002, 2:31pm ADMINISTRATIVE REPORT Page 2 Two acceptable bids were received on June 4, 2002 as follows: Granite Construction Company P.O. Box 50085 (585 West Beach Street) Watsonville, CA 95077-5085 Griffith Construction Company 1898 S. Union Avenue Bakersfield, CA 93307 $2,881,198.60 $3,182,400.00 (NGF) (Public Works Engineering) G:\Gmupdat~Adminrpt~2002~Jun 12\Gosford_Reconstruct.wpd June 5, 2002, 2:31pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.,~,~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 30, 2002 CITY MANAGER SUBJECT: Approve bid to award annual contract to Abate-A-Weed, Incorporated, not to exceed the budgeted amount of $30,000.00, for chemical application on City property. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This type of contract has been used by the Water and Parks departments to provide for the application of weed and ground squirrel control chemicals on City owned canal banks and reservoirs .forover ten (10) years. Departments estimate quantities andtypes of supplies that maybe required for the contract year. Invitations to bid were sent to nine (9) vendors. One (1) bid, with a 5% increase in price, was received from the current contract holder. S:~Admin Abate-A-Weed.wpd GJK:DW:IJm May 31, 2002, 9:10am ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 30, 2002 APPROVED DEPARTMENT HEAD ~'.~" CITY A'n'OR CITY MANAGER SUBJECT: Approve bid to award annual contract to Argo Chemical, Incorporated, not to exceed the budgeted amount of $42,500.00, for chemical's for the City's swimming pools. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used by the Recreation and Parks Department to provide chemicals to the local swimming pools. Three (3) bids were received. Departments estimate quantities and types of supplies that may be required for the contract year. The unit prices of the three (3) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Argo Chemical, Incorporated, a local business. P:'~ADMIN~2002 ADMIN\C02 0612H Annual Contract Pool Chemicals.wpd GJK:DW:Ijm May 30, 2002, 7:57pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.11. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 28, 2002 APPROVED DEPARTMENT H EAD/'~'./~' CITY MANAGER SUBJECT: Extend bid to award contract to Quinn Engine Systems $95,278.78 to furnish and install one 250 KW standby generator for Public Works General Services building. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: At the Council Meeting of November 14, 2001, the Iow bid was awarded to Quinn Engine Systems to furnish and install a generator at City Hall Annex. The specifications included a provision, whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Quinn Engine Systems had indicated their approval of extending the same per unit cost for this pumhase. p:~ADMIN~002 ADMIN\C02_0612B Standby Generator_Genl Services.wpd GJK:DW:Ijm May 29, 2002, 4:04pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.mm. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2002 Resurfacing Various Streets. 1. 2, (Wards 1,3,5,6,7): APPROVED DEPARTMENT HEAD ~-- ~D CITY A3-1'O RN EY~_.?~-~ 2 CITY MANAGER .~:~ Accept bid to award contract to Gdffith Company, $2,329,925.70 for project. Appropriate $60,000 fund balance to the Capital Improvement Budget within the Sewer Enterprise Fund for manhole costs. RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract, and approval of appropriation. BACKGROUND: This project consists of resurfadng and/or reconstructing Fairfax Road from College Avenue to State Highway 178; Virginia Avenue from South King Street to the Union Pacific Railroad tracks; and Wilson Road from Planz Road to Agate Street. Included in this project is the installation of video vehicle detection systems on Wilson Road at the intersections of Wible Road and New Stine Road. The project also includes manhole costs which are proposed to be funded with Sewer Enterprise Funds. The Engineer's estimate for this project was $2,272,448.90. Three acceptable bids were received on April 30, 2002 as follows: Griffith Company 1898 So. Union Avenue Bakersfield, Ca 93387 city Granite Construction Company 585 West Beach Street Watsonville, Ca 95077 OutofTown Bowman Asphalt Company 3527 Brian Way Bakersfield, Ca 93308 city CroNy June 5, 2002, 2:26pm G:~GROUPDA'I¥,DMINRPT~.002~Jun 12~Resurfacing 2000.01.wpd In the amount of In the amount of In the amount of $2,329,925.70 $2,354,769.05 $2,617,024.22 ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.nn; TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 21,2002 APPROVED DEPARTMENT HE~ C,TY A OR E¢' ClTY MANAGER ~ SUBJECT: Accept bid from Central Valley Golf & Utility Vehicles $35,396.96 for four (4) replacement electric turf scooters. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eight (8) vendors. Two (2) bids were received, as follows: Central Valley Golf & Utility Vehicles 3430 West Ashlan #101 Fresno, CA 93722 Power Machinery Center 3263 Rio Mirada Drive Bakersfield, CA 93308 in the amount of $35,396.96 (City) in the amount of $52,458.12 P:'~ADMIN~002 ADMIN\C02_0612A Electric Turf Scooters.wpd GJK:DW:Ijm May 22, 2002, 8:45am ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 rAGENDA SECTION: Consent Calendar ITEM: 8.oo. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 23, 2002 APPROVED DEPARTMENT HEAD/~/'~- Pacific Gas & Electric's request for an easement east of Allen Road at the Cross Valley Canal to install overhead electrical service. (Ward 4) RECOMMENDATION: Staff recommends approval of easement. BACKGROUND: Pacific Gas & Electric has requested the City grant them a ten foot wide easement to extend electrical service to a newly constructed well owned by the Kern County Water Agency. The well is one of a series of wells being constructed as part of the Kern River Flow Restoration Program using monies from Proposition 13 (Water Bonds). Pacific Gas & Electric's request has been reviewed by Property Management and Water Resources. DMNs May 23, 2002, 4:24pm ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. pp. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 20, 2000 APPROVED DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER Appropriate $235,000 fund balance to the Public Works Department operating budget within the Sewer Enterprise Fund for unanticipated electricity costs. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: During preparation of the FY 01/02 budget, staff was informed by the Wastewater Plant 2 Upgrade/Expansion Project Contractor that the co-generation system upgrade would be completed and operational by June, 2001. The co-generation system would generate significant cost savings in the electricial account. As a result, the budget request for electricity was reduced to $300,000 from the $400,000 budgeted in the 2000/01 budget year. The co-generation project encountered numerous delays from faulty equipment delivered by General Electric Corporation. The delays prevented the use of the co-generation system until November, 2001. In addition, PG&E began the imposition of surcharges in July, 2001. Power rates went from an average of $.08/kwh prior to June 2001 to $.12-$.15/kwh afterwards. Wastewater Division Staff has worked diligently to reduce power consumption at both Plants 2 and 3, but electrical costs have exceeded appropriations. Because of these 2 items, the electrical account for Plant 2 is anticipated to be over expended by $233,000. ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.qq. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 28, 2002 APPROVED DEPARTMENT HE~ CITY MANAGER ~ SUBJECT: Appropriate $908,463.47 excess interest earnings to the Capital Impro~,ement program within Assessment District 94-3(Silver Creek/Brimhall Nor/h/Seven Oaks/South Laurelglen) for acquisition of additional public improvements within the District boundaries. RECOMMENDATION: Staff recommends approval of appropri'ation. BACKGROUND: On August 16, 2000, Council approved Resolution 97-00 approving additional improvements to be completed and funded by interest earnings from the construction fund in Assessment District 94-3. The use of the interest eamings helped to build additional roads and landscaping needs for the area within Assessment Distdct 94-3. The interest eamings now need to be appropriated to facilitate the payment for the additional public improvements that are now completed. S:\COREY~DMIN - APPROP.DOC ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. ~'t~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks June 4, 2002 APPROVED DEPARTMENT HEAD~ CITY A'rrORNEY ~x/~ CITY MANAGER ,?~ Appropriate $1,750.00 in contributions to the General Fund Recreation and Parks Department operating budget. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On April 27, 2002, the Keep Bakersfield Beautiful Committee held its first annual Great American Clean-up. Over 500 volunteers collected 10,000 lbs. of garbage. The Keep Bakersfield Beautiful Committee had (9) sponsors who donated monetary contributions and/or goods and services for the Great American Clean-up: Moxley International, Black and Sterling Management, Target, Jim Burke Ford, Too Fat Sandwiches, Little Caesar's, Frito Lay, Pepsi, Bakersfield Blaze, and the City of Bakersfield Solid Waste and Anti-graffiti program. Four (4) companies provided monetary contributions for this event totaling $1,750.00: Moxley International, Black and Sterling Management, Jim Burke Ford and Target. Staff recommends the funds be appropriated to the Keep Bakersfield Beautiful budget to pay for promotional items such as t-shirts, water bottles, etc. for on-going functions. The Great American Clean-up was very successful for the first year and we hope to continue this success in the years to come. June 5, 2002, 8:44am P:\Becky's Stuft~appropriation adm[n ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Consent ITEM: 8.ss. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: June 4, 2002 CITY A'I'rORNEY CITY MANAGER SUBJECT: Inclusion of additional funding for the Bakersfield Symphony Orchestra of $4,000 and Bal<ersfield Museum of Art of $25,000 in the proposed fiscal year 2002-03 budget. RECOMMENDATION: Budget and Finance Committee recommends approval. BACKGROUND: The City Council recently approved a policy regarding funding for nonprofit organizations. At that time it was indicated in the administrative report that recommended funding for the agencies which the City had long standing relationships would be subject to annual review as part of the City budget process. The City received application by the Bakersfield Senior Center for CDBG funds and those funds were included in the proposed budget. Funding for the Bakersfield Symphony Orchestra was included in the proposed budget at historical levels and a request for additional funds was received subsequent to budget preparation. Staff also received a request for funding from the Bakersfield Museum of Art after budget deadlines. These requests and a recent request received from the Golden Empire Gleaners were referred to the Budget and Finance Committee for review and recommendation. The City Council policy regarding applications for contributions from nonprofit organizations states the Council will not consider assistance to nonprofit groups for ongoing operation and maintenance with the exception of the following groups which the City has had a long standing relationship: Bakersfield Senior Center, Bakersfield Museum of Art and the Bakersfield Symphony Orchestra. The sources and amounts of funds to be contributed annually to these three organizations are recommended by the City Manager as part of the Annual Budget, subject to City Council review and approval. The Budget and Finance Committee met to review the above requests and determined the Bakersfield Museum of Art request does fit within the Council's policy and the Committee recommends approval of the request to include a $25,000 contribution in the fiscal year 2002-03 proposed budget to partially fund expanded outreach programs at Rafer Johnson and Bessie Owens elementary schools. DWH:jp S:\Darnel~a, dmins\May 16, 2002 B&Ffunding requests June 5, 2002, 2:08pm ADMINISTRATIVE REPORT r'age 2 The Budget and Finance Committee also recommends the City of Bakersfield increase its contribution to the Bakersfield Symphony Orchestra from $46,000 to $50,000 to cover the cost of two additional concerts and therefore add $4,000 for the symphony in the proposed fiscal year 2002-03 budget. The Budget and Finance Committee expressed support for the activities of the Gleaners organization and although they perform a very worthy function, their application was submitted too late for the current CDBG Action Plan funding cycle. The Committee did not want to make an exception to the City policy regarding contributions to nonprofits and did not recommend supporting the Gleaner's funding request. However, the Committee directed staff to notify the Gleaners in writing regarding the timelines and process for submitting an application for the next CDBG funding cycle for future consideration. The Budget and Finance Committee recommends inclusion of additional funding for the Bakersfield Symphony Orchestra of $4,000 and Bakersfield Museum of Art of $25,000 in the proposed fiscal year 2002-03 budget. DWH:jp S:\Darnell~Admins\May 16, 2002 B&Ffunding requests June 5, 2002, 2:08prn ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDASECTION: Consent Calendar ITEM: 8. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager May 30, 2002 DEPARTMENT HEAD ~V~ED CITY A'I-FORNEY CITYMANAGEI~'-' /~].~. Acceptance of reduced lease payment in the amount of $161,156 from Gary Garone Farms for Plant 2 Municipal Farm in 2001 Calendar Year. (Ward 7). RECOMMENDATION: Staff recommends acceptance of this final payment amount. BACKGROUND: In December 2001, staff met with Mr. and Mrs. Garone and Jim Wren, their CPA, to discuss the operations of Municipal Farm and the annual rent payment due the City for 2001. Gary Garone had suffered a major stroke and as a result of his health condition was no longer able to manage the farm. In August of last year, Mr. Garone exercised his option to assign the lease to Mr. Collins (dba Progressive Farms). In order to give the new tenants an opportunity to get up to speed and ensure a smooth transfer of the daily operations, Garone Farms continued to manage the farm, in a limited capacity, through the end of the year. During the meeting Mr. Garone and his accountant indicated that due to the cotton market in 2001 he had to return CALCOT over $115,000 for advanced payments for his cotton crops received in the year 2000. In addition, he felt that the amount of acreage removed from the lease by the City and the leasehold improvements made in 2001 should be included in the rent computations. They also indicated that unlike previous years, 2001 had the lowest cotton prices since they began operating the farm in May of 1982. The annual rent payment due the City was less than the $200,000 minimum required in the contract. Mr. Garone agreed to put his request in writing and send it to the City for consideration. Approximately two months ago the City received a letter from Mr. Jim Wren, CPA, on behalf of Gary Garone along with documentation detailing the information discussed in our December 2001 meeting. The information requested a reduction in annual rent based on long-term improvements made to the farm in 2001 ' and the removal of 393 acres from the lease by the City. The above information was reviewed by staff which S:~002ADMINREPOR'i-~JN 12WT2.CC June 5, 2002, 9:47am ADMINISTRATIVE REPORT Page2 included Joe Turner, Derrill Whitten from Wastewater and Gene Bogart, FIorn Core, and Maurice Randall from Water Resources. Detailed analysis was completed by staff on this matter which includes a review of the Lease Agreement, the history regarding the operation of the farm and annual lease payments made to the City by Mr. Garone over the years. The Garone family were tenants of the Plant 2 Farm for over 25 years, Gary Garone became tenant and operator on May 12, 1982. During that time, Mr. Garone has operated the farm in a satisfactory manner and has always paid his lease payments to the City timely and the amount has consistently been in excess of the $200,000 minimum annual payment. The Garone Farms payment history over the past 10 years was as follows: Minimum Annual Actual Payment Year Payment To Citv 1991 $200,000 $356,931 1992 200,000 348,941 1993 200,000 311,285 1994 200,000 339,641 1995 200,000 346,540 1996 200,000 370,453 1997 200,000 364,333 1998 200,000 303,203 1999 200,000 327,589 2000 200,000 337,353 '2001 161,156 Difference Plus or(Minus~ $156 931 148 941 111 285 139 641 146 540 170 453 164 333 103 203 127 589 137 353 After reviewing the information submitted by Mr. Garone, staff would not recommend that any adjustment be allowed for removal of acreage by the City due to the amount of fallow land on the farm. However, due to the number of permanent improvements made by Mr. Garone to the City farm during his operation, staff would recommend favorable consideration to a one-time offset in the final Pease payment for 2001. It should be noted that even with a reduced lease payment for the 2001 farm year, Mr. Garone's average payment has exceeded the minimum annual lease payment to the City by + $124,000 annually over the last ten years. Should this adjustment be allowed, the total rent to Mr. Garone for 2001 would be $161,156 ($201,189 per attached invoice from Finance dated 12/6/01 less $40,033 improvements). This item was reviewed by the Water Board at its May 15, 2002 meeting and recommend acceptance of this reduced payment for calendar year 2001. *Recommended payment S:~002ADMINREPORT~JN12WT2.CC June 5, 2002, 9:47am MEETING DATE: ADMINISTRATIVE REPORT June 12, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.uu. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ,~1~/, Carroll Hayden, Human Resources Manager May22,2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ClTY MANAGER ~ Reclassification and Revised Job Specification 1. Reclassification: Secretary II (Mayor's Office) to Administrative Assistant I 2. Revised Job Specification: Accounting Supervisor RECOMMENDATION: Staff recommends approval of the reclassification and revised job specification. BACKGROUND: Harvey Hall, Mayor, has requested the reclassification of the Secretary II position, occupied by Natalie Welty to the Administrative Assistant I classification. Ms. Welty's responsibilities have clearly shifted away from that of a Secretary II. Ms. Welty maintains a complex calendar for the Mayor, promotes positive public relations for the Mayor's Office, writes speeches, proclamations and correspondence for the Mayor, administers the Mayor's Office and coordinates the Mayor's committees. All of this requires extensive Mayor and City Council contact, maintenance of an executive calendar, independent judgment, self-initiated project research, budget development, administrative reports and media contact. Gregory Klimko, Finance Director, has requested the revision of the Accounting Supervisor job specification. In order to create a career path for Accountant I's to promote to Accounting Supervisor I, the job specification for Accounting Supervisor is being revised to allow for the substitution of a Master's Degree for the supervisory experience. This would provide incentive for current employees to remain with the City. SUMMARY The reclassification and revised job specification were approved by the Miscellaneous Civil Service Board at their May 21, 2002 meeting. S:\ADMINRPT\Admin Asst - Mayor's Office.doc ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Consent Calendar TEM: 8.vv. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public works Director May 22, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATFORNEY /~'~'~ CITY MANAGER Acceptance of $13,800 in contributions from local businesses for anti-graffiti educational and promotional activities. RECOMMENDATION: Staff recommends acceptance of donations BACKGROUND: Several local businesses have made donations to the Anti-Graffiti Program totaling $13,800 for the purpose of conducting and expanding anti-graffiti educational and promotional activities. These businesses are supportive of the program's preventative efforts. The donated funds are to defray the costs incurred by activities such as the poster and essay contest, production of anti-graffiti calendars, production of billboards, etc. Costs for the Anti-Graffiti Program are included in the General Services Division's operating budget. Monetary donations were received from the following: The Aaron Companies Acme Advertising Specialties Akri Corporation B & B Surplus Bakersfield Association of Realtors Bank of Stockdale Banks Pest Control Castle & Cooke Central California Association of Public employees CTA Sierra Service Center Council El Paso Merchant energy Frito-Lay Granite Construction company Griffith Company Guarantee Shoe Center Hall Ambulance Key Properties Occidental of Elk Hills Roto Rooter Plumbers South Kern Machinery Stinson Stationers Target Union Cemetery Association Vons PE: uts G:\GROUPDAT~ADMINRPT~.002~Jun 12~Graffiti donations.~13d May 23, 2002, 10:51 am ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Hearings ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager June 4, 2002 APPROVED DEP*. E.T,E CITY A'n'ORNEY ~ CITY MANAGER _ Public Hearing for the FY 2002-03 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. RECOMMENDATION: Staff recommends Council hear public testimony. BACKGROUND: Each year a public hearing is required prior to adoption of the budget to hear public comment. The FY 2002-03 budget is proposed at $328,422,547 which includes a $240,360,945 operating budget, a $6,745,087 Bakersfield Redevelopment Agency budget and a $81,316,515 capital improvement budget. Final adoption of the budget is scheduled for June 26, 2002. Prior to this public hearing, individual department budget presentations were made to the Council on May 8, 2002, May 20, 2002, May 22, 2002, June 3, 2002 and June 12, 2002. Responses to Council budget questions resulting from the budget presentations were forwarded to each Council member. DWH:jp S:~Oarnel~,dmins~JN00budgetpublichearlng June 4, 2002, 4:05pm ADMINISTRATIVE REPORT IMEETING DATE: June 12, 2002 IAGENDA SECTION: Hearings ITEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Bad J. Thiltgen, City Attorney June 4,2002 DEPARTMENT HEAD ,~ CITY AI-FORNEY ~ CITY MANAGER '"~" Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property located at 102913~h Street, Bakersfield, California, for parking for the Centennial Garden Arena/Convention Center (Code of Civil Procedure section 1245.230, et seq.) (Ward 2) RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for the taking of property located at 1029 13th Street, Bakersfield, California, for parking for the Centennial Garden Arena/Convention Center, enabling the City to condemn the subject property. BACKGROUND: The heirs apparent to this property are amenable to sell to the City. However, none have legal title so the City will begin a "friendly" condemnation action to quiet title and deposit the appraised value with court for payment to the appropriate heirs. The property owner, Frank J. Goosby, died without a will so that ownership is presently vested in his estate. No action has been taken by his heirs to quiet title so the condemnation proceedings will resolve the unsettled ownership question. Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain "pre-condemnation" requirements be met. Each of these requirements has been met by the City and are set forth in the Resolution of Necessity attached hereto and made a part hereof by this reference. Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City ' give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the following: 1. Whether the public interest and necessity require the project; June 4, 2002, 3:38pm ADMINISTRATIVE REPORT Page2 Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property sought to be acquired is necessary for the project; and Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of the subject property. The specific findings of fact which support the Council's adoption of the Resolution of Necessity are set forth therein and include: This property is blighted (a boarded former residence) and immediately adjoins properties which the City is also acquiring or now using for expanded parking facilities. Temporarily provide additional public parking for the Centennial Garden Arena/Convention Center Complex. When events are scheduled during normal working hours on weekdays, the Complex is not permitted to use the Kern County parking structure adjacent to the Complex (west of "N" Street) resulting in the loss of approximately 800 parking spaces; Completion of the "Q" Street underpass in July 2000 makes this property ideally located for Complex parking, No delayto vehicular and pedestrian traffic will occur when trains are stopped along the rail line between the property and the Complex. Delays to traffic occur on "N" Street when trains are present along the intervening rail line; A reconfiguration of traffic flows for Complex parking to this property and other parking lots between "M" and "Q" Streets is complete and will resolve numerous complaints received regarding traffic delays; Required notice was provided to each property owner and prospective property owner by mail and publication as set forth in the Resolution of Necessity. In order for the property owners to appear before the Council, the property owners must have filed a written request to appear and be heard within fifteen (15) days after the notice was mailed (Code of Civil Procedure section 1245.235(a)(b)(3)). Failure to file a written request results in the waiver of the right to appear and be heard. The Council must adopt the Resolution of Necessity by vote of two thirds of all the members of the Council (not two thirds of a quorum of the members present). (Code of Civil Procedure section 1245.240.) BJT:MGA:pah Attachment S:\COUNClL~dmins\Goosby.wpd June 4, 2002, 3:53pm ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 IAGENDA SECTION: Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Bad J. Thiltgen, City Attorney June 4,2002 DEPARTMENT HEAD~ CITY ATFORNEY ~ CITY MANAGER ~//~ Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property located at 1313 "Q" Street, Bakersfield, California, for an Aquatics Center and Indoor Ice Center (Code of Civil Procedure section 1245.230, et seq.) (Ward 2) RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for the taking of property located at 1313 "Q" Street, Bakersfield, California, for an Aquatics Center and Indoor Ice Center, enabling the City to condemn the subject property. BACKGROUND: Title to this property is clouded by numerous liens which, in total, exceed the value of the property itself. The owner is agreeable to the City's purchase but it cannot offer clear marketable title. Accordingly, the City will begin a friendly condemnation proceeding wherebythe appraised value will be paid to the appropriate interest holders as determined by the court. Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain "pre-condemnation" requirements be met. Each of these requirements has been met by the City and are set forth in the Resolution of Necessity attached hereto and made a part hereof by this reference. Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the following: 1. Whether the public interest and necessity require the project; June 4, 2002, 3:54pm ADMINISTRATIVE REPORT Page 2 Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property sought to be acquired is necessary for the project; and Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of the subject property. The specific findings of fact which support the Council's adoption of the Resolution of Necessity are set forth therein and include: The City of Bakersfield plans to construct an outdoor aquatic center and an indoor ice skating facility to enhance and promote development of the southeast region of the City, an area historically underutilized for recreation and entertainment facilities. 2. Expand available public recreation and entertainment facilities in the Downtown Area. Elements of the aquatics center will include play and swim areas for small children; a competition lap pool and diving pool (for both public use and high school training and athletic competitions) and assorted support buildings and facilities (e.g. offices, restrooms, locker and equipment room). The ice rink shall be designed in accordance with standards promulgated by the National Hockey League. This facility will serve multiple recreation purposes including a public ice skating facility and a practice/training facility for the Condors, a professional ice hockey team. At present, scheduling conflicts with the ice rink at the Centennial Garden Arena limit the Condors' practice/training schedules. The ice center will remedy this limitation. Required notice was provided to each property owner as set forth in the Resolution of Necessity. In order for the property owners to appear before the Council, the property owners must have filed a written request to appear and be heard within fifteen (15) days after the notice was mailed (Code of Civil Procedure section 1245.235(a)(b)(3)). Failure to file a written request results in the waiver of the right to appear and be heard. The Council must adopt the Resolution of Necessity by vote of two thirds of all the members of the Council (not two thirds of a quorum of the members present). (Code of Civil Procedure section 1245.240.) BJT/MGA:pah Attachment June 5, 2002, 8:20am ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Hearings ITEM: 9. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 24, 2002 ~TR..~VE D DEPARTMENT H~ CITY MANAGER Continued Public Hearing Concurrent General Plan Amendment'Zone Chanoe P01-0916 (Ward 4) The City of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. There was an appeal to the Planning Commission decision on the Zone Change item. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Suburban Residential) to OC (Office Commercial). Ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - 5 acres minimum) to C-O/PCD (Professional and Administrative Office Commercial/Planned Commercial Development) on 5 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment and overturning the Planning Commission recommendation giving the first reading of the Ordinance. BACKGROUND: This item was continued by the City Council at the May 22, 2002, meeting in order for the applicant and surrounding property owners to discuss the project and come to a decision. This amendment to the General Plan would permit the development of Office Commercial uses on the . project site. The City of Bakersfield has been working with the property owner to acquire right-of-way for the improvement of both Brimhall and Jewetta Roads. For the property owner's cooperation, staff agree to request this change in zone. Opposition from the neighboring residential property owners to the north and west of the project site surfaced during the Planning Commission hearings. Concerns ranged from Ioc~_tion of the office building to traffic generated by the project. The Planning Commission recommended adoption and approval of the General Plan Amendment as requested with May 24, 2002, 11:04am ADMINISTRATIVE REPORT Page 2 a condition that the developer submit a Planned Commercial Development zone prior to development of the site. The Planning Commission recommended denial of the zone change. The applicant (city staff) appealed the Planning Commission's decision in order to receive a zone district designation for the site prior to completion of the annexation to the city limits. According to State Law, if no zone designation is approved prior to completion of the annexation the developer must wait two years after the completion of the annexation in order to change the zone. In addition, the city will be able to complete greatly needed improvements on both Brimhall Road and Jewetta Road. To wait two years in the quickly growing area of the city is inappropriate. There is no commercial office zoning within a mile of this site. There is a great need to provide professional office opportunities in this neighborhood so that people may work close to where they live. Approving a CO/PCD zone district achieves the intent of both the Planning Commission and the property owner while providing a forum for the neighborhood to discuss the project when development plans are finalized. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 8, 2002, in accordance with CEQA. MO (adm in\june\6-12-0916) May 24, 2002, 11:04arn MEETING DATE: June 12, 2002 AGENDA SECTION: Hearings TEM: 9.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 24, 2002 APPROVED DEPARTMENT HEAD ///~ CITY ATTORNEY//~ ClTY MANAGER ~ Protest hearing for proposed Assessment District No. 01-3 (AD 01-3, Madison Grove/San Lauren/Mountain Vista/Westlake): Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements, and Authorizing and Directing Relating Actions. 2. Resolution Determining Assessments Remaining Unpaid. (Ward 4) RECOMMENDATION: Staff recommends overriding protests and adopting Resolutions. BACKGROUND: On April 24, 2002, Council approved the Preliminary Engineer's Report and scheduled the hearing for June 12, 2002. Following the close of the hearing, adoption of these resolutions will approve the Final Engineer's report, levy the assessments, order the public improvements, and provide for the cash payment period for property owners wishing to pay all or any part of their respective assessments in cash, without interest. Thereafter, the assessments will be recorded as liens in the County Recorder's Office. Notice of assessment and cash payment opportunity have been mailed to the property owners (Kyle Carter Homes, Coleman Homes, S.A. Camp Companies, North of the River Sanitation District No. 1 and Rosedale Construction Company) of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of any of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. The next step will be the pre-marketing and pricing of bond sale by UBS Payne Webber, Inc., to be concluded on the June 26, 2002 Council meeting. The Final Engineer's Report is on file in the City Clerk's Office. May 24, 2002, 11:38AM G:\GROUPDAT~ADMINRPT~2.002\Jun 12~ad01-3hrg.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Hearings ITEM: 9.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 30, 2002 APPROVED DEPARTMENT HEAD ~. CITY ATTORNEY ~ ClTY MANAGER ..~ Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1273 regarding the park landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2002-2003 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) -' RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolutionoflntention No. 1273on May8,2002, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2002-2003 park landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 12, 2002. Park landscaping assessment rates were not increased for the 2002-2003 fiscal year. Approximately 14,100 notices were sent out with park landscaping assessments. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2002-2003 Consolidated Maintenance District park landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1273 is on file in the City Clerk's office. Lvd May 29, 2002, 6:14PM G:\GROUPDAT~ADMINRPT~.002\Jun 12\CMD02PHrgPk.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Hearings ITEM: 9.g, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 30, 2002 APPROVED CITY MANAGER Traffic Signal Maintenance Districts. 1. Protest hearing as required by Resolution of Intention No. 1274 regarding the assessments for eight (8) Traffic Signal Maintenance Districts. 2. Resolution approving and adopting the Public Works Director's report for eight Traffic Signal Maintenance Districts and the 2002-2003 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Wards 1, 3, 4 and 5) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1274 on May 8, 2002, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2002-2003 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for June 12, 2002. Traffic signal assessment rates were not increased for the 2002-2003 fiscal year. Fifty five notices were sent out. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2002-2003 Traffic Signal Maintenance District assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1274 is on file in the City Clerk's office. Lvd May 29, 2002, 6:53PM G:\GROUP DAT~ADMIN RPT't2002\Jun 12\TS02PHrg.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Hearings ITEM: 9. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 30, 2002 APPROVED DEPARTMENTHEAD/~ CITY ATTORNEY CITY MANAGER /~/ Consolidated Maintenance District. 1. Protest hearing as required by Resolution of Intention No. 1272 regarding the street landscaping assessments for the Consolidated Maintenance District. 2. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2002-2003 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (No increase in rates) (All wards) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City Council approved Resolution of Intention No. 1272 on May 8, 2002, preliminarily adopting, confirming and approving the Public Works Director's Report and the 2002-2003 street landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest hearing date for June 12, 2002. Street landscaping assessment rates were not increased for the 2002-2003 fiscal year, however some assessments may be greater because of additional street landscaping in some areas. All assessments comply with the requirements of Proposition 218. Approximately 26,100 notices were sent out with street landscaping assessments. 1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the street landscaping assessment on any parcel of property to be assessed and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. 2. This Resolution confirms the 2002-2003 Consolidated Maintenance District street landscaping assessments and authorizes collection of the assessments by the Kern County Tax Collector. Resolution of Intention No. 1272 is on file in the City Clerk's office. Lvd May 30, 2002, 10:20AM G:\GROUPDAT~ADMINRPT~.002\Jun 12\CMD02PHrgSt.wpd ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Hearings ITEM: 9. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director DEPARTMENT HEAD May 31, 2002 CITY ATTORNEY CITY MANAGER Section 108 & BEDI Application - Baker St. Revitalization: The City of Bakersfield proposes to submit a Section 108 loan application in the amount of $1.0 million dollars and a Brownfield Economic Development Initiative Grant (BEDI) in the amount of $250,000 to HUD, to provide funds for various economic development and housing activities planned on Baker Street. 1. Resolution authorizing submission of the Section 108 application and a BEDI grant application to the Department of Housing and Urban Development. (HUD) RECOMMENDATION: Staff recommends approval of the Section 108 Loan application and Brownfield Economic Development Initiative (BEDI) grant application and adoption of the resolution. BACKGROUND: In a memorandum to the City Council dated March 6, 2002, staff discussed the possibility of obtaining a Section 108 loan as a primary financing source regarding the rehabilitation/upgrade of swimming facilities at Martin Luther King, Jr. and Jefferson Pools, as well as for construction of a new aquatic facility in an eligible block grant area with the exact location to be determined. Section 108 loans are federally underwritten loans that provide the City the opportunity to receive an advance against their future CDBG entitlement by borrowing it today at a Iow interest rate. At that time, staff also explored the possibility of submitting a second Section 108 Loan application and companion BEDI grant to further qualified economic development efforts planned on Baker Street. The Section 108 loan will be debt serviced from Old Town Kern Pioneer Redevelopment Project Area tax increment in an estimated amount of $88,000 annually for a period of 20 years. The Old Town Kern Pioneer Redevelopment Project Area currently receives approximately $320,000 of gross operating tax increment and interest earnings annually of which $80,000 is required to be set aside for affordable housing purposes. The Bakersfield Redevelopment Agency approved the financing plan and pledge of tax increment at their April 2002 meeting. S:~Admins\Baker108.doc 6/3/2002 10:22 AM ADMINISTRATIVE REPORT Page 2 Baker Street Revitalization Project The Baker Street Corridor is a neighborhood in search of an identity. The formula for revitalization of this neighborhood is to develop neighborhood scaled retail and services supported by residential projects, it is important to recognize the predominant Hispanic residential population and develop the neighborhood to meet the needs of this population. For redevelopment purposes, the middle district, which extends from Monterey St. to Jackson St., serves as the corridor's primary retail/commercial core opportunity to provide these neighborhood services. The blocks bounded by Lake and Kentucky, full 120,000 square foot blocks, is an ideal location to support a mixed use retail/commercial and residential catalyst project. These blocks are ready for development due to buildings recently being demolished for health and safety issues and to minimal utilization of the remaining buildings. Several meetings have been held over the past year with the Old Town Kern Merchant Association and other interested residents and businesses to gather ideas and suggestions on what Baker Street should look like and what type of development should be pursued. These meetings also addressed concerns regarding social issues. As a result of these meetings, an action plan was created and adopted by the City Council. Several items in that action plan included pursuit of redevelopment activities. Staff recently obtained a special $490,000 Economic Development Initiative Grant (EDI) earmarked for streetscape improvements on Baker Street. These funds will be used on the blocks between Niles and Truxtun to install street trees, historic street lights and other public improvements. The streetscape is scheduled to begin in late fall of this year. Staff is currently negotiating with Golden Empire Affordable Housing, Inc., for the development of the senior residential village consisting of 60 units which will be designed to complement the commercial facades. The housing project will be reserved for Iow income qualifying seniors and is planned to be financed with state tax credits and HOME funds in the fall of 2003. Section 108 funds are needed for site assembly costs associated with the residential component. Significant interest in the commercial component of the project has been generated from the Hispanic Chamber of Commerce, various non-profit service agencies, a day care provider in either co-venturing or in leasing space. Initial project plans call for a plaza area and an open air Mercado, similar to a standing farmers market. Other private commercial tenants expected to be attracted include insurance services, para-legal services, communications services and sales and a variety of small specialty shops and restaurants. Staff is proposing using the Section 108 loan funds and the BEDI grant for acquisition and clearance costs associated with the required land assembly for the project. It is expected that a request for proposals will be prepared in the near future to obtain development proposals for the commercial complex and adjacent retail. Below is a list of key development concepts to be incorporated in the Baker Street Revitalization Project. ~ Construction of 60 senior apartments Incorporation of a "Plaza/Open Air Mercado" Renovation of an existing theater to host cultural and entertainment events adjacent to the Plaza courtyard surrounded by mixed-use office and retail A site plan is attached depicting the development concepts. The City is in a unique financial position to leverage resources, seek available grants and supplement other available funding sources. S:~Admins\Baker108.doc 6/31200210:22 AM ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Reports ITEM: ].0.a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD /"--J¥--~' DATE: May 31, 2002 CITY A'Fi'ORNEY ~ CITY MANAGER SUBJECT: Community Services Report No. 2-03 A. Historical Documents B. In God We Trust C. Liberty Garden RECOMMENDATION: The Community Services Committee recommends acceptance of the report and implementation of the recommendation. BACKGROUND: The Council accepted a report from the Community Services Committee on May 22, 2002 regarding this item. Now the following recommendations are presented for final approval of the City Council Historical Documents The Community Services Committee appointed a citizens committee to consider placing historical documents inside City Hall. The citizens committee, headed by local businessman Mike Miller, unanimously recommended the following: A picture of the Statue of Liberty framed by the Declaration of Independence and the Bill of Rights on the East wall of the Council chambers, and a picture of the Liberty Bell framed by the Gettysburg Address and the Emancipation Proclamation (condensed) on the West Wall. · A quote by Colonel Baker above the bulletin board in the foyer: 'q'his is God's country. Someday it will be filled with happy homes....The place is rich in future possibilities." · Other historical documents will be placed on the west wall across from the Mayor's office (list attached). · A dedication and ribbon cutting ceremony would be held on July 4, 2002, followed by an open house for the public to view the project. All costs associated with the project will be funded by corporate donations of $500 each. The donors would be recognized at the dedication ceremony, but the citizens committee felt that donor names should not be included on or near the projects. The citizens committee will be responsible for all fundraising to make the project a reality. ADMINISTRATIVE REPORT Page 2 The Community Services Committee voted unanimously to accept the citizens committee's recommendations. Our thanks go out to committee members Mike Miller, Don Clark, Shirlyn Davenport, Denise Pandol, Miriam Beam, Terri Richmond, Zak Thomas, Marque Stansberry and Jeannette Richardson. "In God We Trust" The citizens committee also offered a recommendation on the location of "In God We Trust" and "e pluribus unum' mottos. Again, their recommendations were unanimous. They felt both mottos should be together and should be inside of City Hall. They recommended both mottos surround the city seal located behind the mayor's chair on the dais, with "In God We Trust" on top. The citizens committee will be raising funds to pay for installation of the mottos. A concept drawing is attached. The Community Services Committee unanimously approved their recommendations. Liberty Garden A committee of community members, including public safety agencies throughout Kern County, has been discussing a "Liberty Garden" in a park setting with monuments in honor of American liberty and victims of the S~ptember-11th attack on the United States. The community committee had wished to use property at City Hall for the Liberty Garden. However, because the community committee prefers building a larger, more significant project that is too large for City Hall, they will be asking the City for a dedication of land next to the new Fire Station 15/Police Substation in the southwest to build their project. There is available space to accommodate their request. They plan to begin fundraising for the Liberty Garden in December 2002, and have the project completed by September 11, 2003. They would also ask for the City to maintain the Liberty Garden after it is completed. The City of Bakersfield plans to make small modifications to an area near City Hall in memory of the 9- 11 victims, perhaps including some minor landscape modification and a plaque or monument. City staff will be working with the Bakersfield Beautiful Committee to plan such improvements. AC:al 6/3/2002 S:~Admin Rpts~2002\lnGodWeTrust 061202.doc ADMINISTRATIVE REPORT MEETING DATE: June 12, 2002 AGENDA SECTION: Deferred Business ITEM: ll,a, TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: May 31, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Section 108 Loan Application - Public Facilities: The City of Bakersfield proposes to submit a Section 108 loan application to HUD in the amount of $4.7 million dollars to provide funds for various economic development activities, and construction of public facilities. (WARDS I & 2) 1. Resolution authorizing submission of the application to the Department of Housing and Urban Development. (HUD). 2. Transfer $210,000 from the Development Services General Fund Operating Budget to the Recreation Facilities Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends adoption of the resolution for the submission of the application and transfer of $210,000 of general funds from the Development Services Weed and Motel Abatement Accounts to the Recreation and Parks Capital Improvement Fund. BACKGROUND: On May 22, 2002, the City Council held a public hearing to obtain public comments before considering a proposed Section 108 financing planned for the rehabilitation and construction of city aquatic facilities and to provide funds for various economic development activities. No public comments were received at the public hearing and it was closed. Councilmember Maggard requested that council action be deferred until June 12, 2002 in order to obtain clarity on final costs and budget issues related to the construction of the proposed new aquatic facility. The following report depicts the planned Section 108 financing and reflects the final budget changes associated with the new aquatics facility. Section 108 Financinq Plan In a memorandum to the City Council dated March 6, 2002, staff discussed the possibility of obtaining a Section 108 loan as a primary financing source regarding the rehabilitation/upgrade of swimming facilities at Martin Luther King, Jr. and Jefferson Pools, as well as for construction of a new aquatic facility in an eligible block grant area with the exact location to be determined. Section 108 loans are federally underwritten loans that provide the City the opportunity to receive an advance against their future CDBG entitlement by borrowing it today at a Iow interest rate. SSAdmins~sectionl .doc 6/5/2002 9:30 AM ADMINISTRATIVE REPORT Page 2 Section 108 funds can be used to finance acquisition, rehabilitation or construction of qualified public facilities, housing rehabilitation activities and can help fund special economic development projects and activities. The Section 108 program has been identified and discussed in earlier memos as one of the most cost effective financing alternatives for public facilities and special economic development activities. It is particularly timely to be considering a Section 108 Loan now, because the debt that was incurred for the Holiday Inn Select project will be paid off a year from this summer. Thus it is possible by extending that debt out additional years, to do a number of new projects without taking money away from any programs or projects we have been funding in the past eight years. In order for the City to stay on track with the construction schedule and meet the required budget for the new aquatic facility, the City intends to expend $210,000 of unencumbered general funds currently budgeted in the Development Services - Demolition and Clearance account and utilize $90,000 from the Economic and Community Development Department - unencumbered CDBG funds in the Acquisition and Demolition account beginning in August 2002 for required property acquisition and demolition. The funds from the Section 108 Loan are expected to be available to the City in late September 2002. Section 108 Loans A Section 108 Loan works like borrowing from the block grant. It gives capital funds up front to be paid off over the years from our annual federal block grant allocation. Current Section 108 rules also require backup or secondary collateral in the event the CDBG entitlement is discontinued, by Congress in future years. The CDBG program has been in existence since 1972 and unlikely to be dissolved due to its national recognition and popularity. However, the collateral must still be provided. The rules for use of Section 108 money are the same rules as are now in effect for use of the block grant for projects. Financinq Conditions and Required Collateral Our original financing proposal planned to fund $4.7 million. Now that the final capital costs for the new aquatic facility are finalized, an additional $500,000 of Section 108 funds will be needed to complete that project. Therefore, rather than increasing the overall borrowing amount, two of the projects originally proposed for the Section 108 financing, Youthbuilding Bakersfield and land for development of a Training and Counseling Center have been re-evaluated and alternative resources and partnerships have been identified to keep these projects moving forward. In this final proposal, our original amount of Section 108 funds remains intact. The loan repayment obligation on the new $4.7 million Section 108 loan will require an annual payment towards debt service in the approximate amount of $400,000 (current Treasury note rate) for a period of 20 years. The secondary collateral to be provided for the new loan will be the new Aquatic Center upon its completion and if needed, the City's CDBG loans portfolio. Below is the final list of the projects planned for funding from the $4.7 million dollars of Section 108 Loan proceeds: Rehabilitation and upgrade of Martin Luther King, Jr. and Jefferson Pools. New aquatic facility with a zero entry pool, slides, play area, and related, for a block grant eligible area to improve aquatic opportunities and replace underutilized and deteriorated current facilities. We hoped to include a competitive pool aspect but that may be dependent on a school contribution. Southeast - Special Community and Economic Development Projects - Acquisition and clearance of selected properties planned for future commercial redevelopment on/around California and for public facilities such as the new aquatic facility and for special economic development activities (added to the $1 million of CDBG funds previously earmarked for economic development projects in the Southeast). S:~Admins~sectionl .doc 6/5/20029:30 AM ADMINISTRATIVE REPORT Page3 Staff will be working with the Southeast Project Area Committee, the Redevelopment Agency, Recreation and Parks, various public partners and private developers to advance the proposed projects through the various channels. The City is in a unique financial position to leverage resources, seek available grants and supplement other available funding sources, such as Proposition 12, CDBG and Old Town Kern Tax Increment to further a number of community needs and identified special projects. Below is a Project Uses and Funding Sources Schedule for the identified projects of this $4.7 million dollar Section 108 financing: Preliminary Proiect Uses and Financinq Sources Aquatic Rehabilitation of MLK and Jefferson Pools Total Pool Rehabilitation Sources .Amount Section 108 $ 600,000 Developer Park Fees 100,000 CDBG FY01/02 and FY 02/03 370,400 $1,070,400 New Aquatic Facility Subtotal aquatic construction costs Section 108 $ 3,300,000 Prop. 12 500,000 Schools (pending) 1,000,000 City Funds 500,000 $ 5,300,000 Land Costs-Aquatic Total Aquatic Facility CDBG 325,000 City 210~000 $ 5,835,000 Southeast Special Community and Economic Development Proiects Acq/clearance of commercial property For future redevelopment activities Section 108 $ 800,000 Grand Total All Sources $ 7,705,400 Projects Summary of Resources Summary of Resources: Section 108 Loan Funds Prop 12 Schools Park Dev. Fees City Funds CDBG - FY01/02 and FY02/03 Total All Sources $ 4,700,000 500,000 1,000,000 100,000 710,000 695,400 $ 7,705,400 S:'~Admins~section I .doc 6/5/20029:30 AM