HomeMy WebLinkAbout07/31/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 31, 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)
WORKSHOP
a. Update on the Aquatics Center and Ice Rink. (Alan Tandy, City Manager)
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9
Lillian A. Pickering vs. City of Bakersfield, et al; Kern County Superior Court Case
No. 245149-SPC
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9
Joanne Edna Mu#ins vs. City of Bakersfield, et al; Kern County Superior Court Case
No. 242706-JES
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9
Zachary David Faulconer vs. City of Bakersfield, et al; Kern County Superior Court
Case No. 245793-SPC
Public Employee Performance Evaluation - City Attorney
Closed Session pursuant to Government Code Section 54957
REGULAR
1.
2.
MEETING
INVOCATION by the Reverend Ted Virts, First United Methodist Church.
PLEDGE OF ALLEGIANCE by Breana Karr, 5th grade student, Eissler Elementary School,
and Brittany Karr, 4th grade student, Eissler Elementary School.
ROLL CALL
CLOSED SESSION ACTION
5. PRESENTATIONS
(Ward4)
(Wards 1,2,3,4)
(Ward 1)
PUBLIC STATEMENTS
APPOINTMENTS
CONSENT CALENDAR
Minutes:
a. Minutes of the July 10, 2002 Council Meeting.
Payments:
Payments from June 28, 2002, to July 18, 2002 in the amount of $8,825,834.63;
and Self Insurance payments from June 28, 2002, to July 18, 2002 in the amount
of $359,177.88.
Ordinances:
Ordinance amending Section 5.02.060(C) of the Bakersfield Municipal Code relating
to Business License Tax.
Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone
Map No. 102-17) of Title 17 of the Bakersfield Municipal Code by changing the
zoning from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family
Dwelling) Zone on 0.12 Acres and an R-2 (Limited Multiple Family Dwelling) Zone
to an R-1 (One Family Dwelling) Zone on 1.2 acres, located approximately 1,000
feet north of Hageman Road, and approximately 800 feet east of Calloway Drive
(File # 02-0308)
Ordinance relating to Taxi Driver's Permit Appeal Process. (Refer to the
Legislative and Litigation Committee)
Resolutions:
Resolution confirming the approval by the Assistant City Manager of the report of
the Chief Code Enforcement Officer regarding assessments of certain properties
in the City of Bakersfield for which structures have been secured against entry or
for the abatement of certain weeds, debris and waste matter and authorize
collection of the assessments by the Kern County Tax Collector.
Resolution confirming the approval by the Assistant City Manager of the report of
the Chief Code Enforcement Officer regarding assessment of 132 Milham Drive in
the City of Bakersfield for which a dangerous building has been demolished and
authorize collection of the assessment by the Kern County Tax Collector.
Resolution adopting an amended Conflict of Interest Code for City of Bakersfield
departments.
-2-
(Ward 4)
Wards 5,6,7)
(Ward 2)
(Wards 5,6)
(Ward 4)
(Ward 4)
(Wards 4,7)
CONSENT CALENDAR continued
i. Assessment District No. 02-1 (Avalon/Belsera/MontaraFFhe Woods)
1. Resolution Preliminarily Approving Engineer's Report, setting date for public
hearing of protests.
2. Resolution Authorizing Form and Substance of Acquisition and Disclosure
Agreements and authorizing changes thereto and execution thereof.
j. Resolution determining that an Autoscope Machine-Vision Detection System for
traffic control cannot be reasonably obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding thereof; not to exceed
$55,000 for two systems.
Resolution determining that raising the Daktronics electronic message center sign
on Truxtun Avenue at Centennial Garden Arena cannot be reasonably obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding thereof, not to exceed $37,500.
I. Resolution of Application proposing proceedings for annexation of uninhabited
territory to the City of Bakersfield, property identified as Annexation No. 436, located
in two separate areas (1) along Stockdale right-of-way west of Ashe Road and (2)
along the south side of Blomquist Drive to Belle Terrace, west of McDonald Way.
m. Traffic Signal and Lighting System Installation on Old River Road at Ridge Oak
Drive:
1. Reject all bids for traffic signal and lighting system installation on Old River
Road at Ridge Oak Drive.
2. Resolution determining that the Traffic Signal and Lighting System
Installation on Old River Road at Ridge Oak Drive cannot be reasonably
obtained through the usual bidding procedure, authorizing the Finance
Director to dispense with bidding thereof, and allow such work to be
performed by City personnel.
n. Amendment No. I to Resolution No. 97-01 approving and adopting the City of
Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 2001-02
to incorporate previous budget actions approved by the City Council.
Agreements:
Tract Maps/improvement Agreements
1. Final Map and Improvement Agreements with Centex Homes for Tract 5829,
Phase 3, located south of Snow Road and west of Jewetta Avenue.
2. Final Map and Improvement Agreements with Centex H°mes f°r Tract 5831'
Phase 4, located south of Olive Drive, west of Old Farm Road.
Agreement with Launer & Associates, $30,000.00 to appraise properties within
Assessment District No. 02-1.
-3-
8. CONSENT CALENDAR continued
(Ward 7)
(Ward 1)
(Wards 1,2,3,4,6,7) t.
(Ward 3) U.
(Ward 4) V.
(Ward 1) W.
(Ward 4) X.
Contract with Duane Morris LLP for counsel services - Kern Delta Water District EIR
and associated litigation.
Agreement with Greenfield Union School District, not to exceed $51,658.20 to
conduct After-School Programs.
s. Restoration Community Project, Inc., Infill Housing Project:
1. Terminate Agreement 00-129 with Affordable Homes, Inc.
Agreement with Restoration Community Project, Inc., for $195,000 in HOME
Investment Partnership (HOME) - Community Housing Development
Organization (CHDO) funds to purchase and rehabilitate substandard
housing in Southeast Bakersfield.
Appropriate $24,211 HOME Investment Partnership Program Income to the
Economic and Community Development Department Operating Budget.
Consultant's Agreement with NUVIS, $62,680, for Landscape Architectural Services
for Freeway Beautification Master Plan.
Appropriate $30,000 Transportation Development Fund balance to the
Capital Improvement Budget.
Agreement with East Niles Community Services District, $19,282, for the
engineering of the relocation of their facilities to allow widening of College Avenue.
Common Use Agreement with Rosedale Ranch Improvement District of the North
Kern Water Storage District for City right of way crossing the R-O Canal at Old
Farm Road and Jewetta Avenue, south of Snow Road.
Agreement with the Bakersfield Senior Citizen Center for $50,000 of Community
Development Block Grant funds for operational services at 530 4~h Street.
Amendment No. 1 to Consultant Contract No. 99-191 with Michael Brandman
Associates, $20,540, for additional environmental services to make a determination
regarding Kit Foxes at the Calloway Drive at Friant Kern Canal.
Amendment No. 1 to Agreement No. 00-173 with Mclntosh & Associates, for On-call
Inspection Services for various construction projects (amendment extends term
only, no changes to total compensation clause).
(Ward 4) aa.
Amendment No. 1 to Agreement No. 87-106.with Material Safety Data Systems
Software Increasing Annual License Fee to $15,000.
Amendment No. 2 to Agreement No. 85-179 with Castle & Cooke Commercial - CA,
Inc., $10,000 for land exchange with the City of Bakersfield.
-4-
(Ward 6)
(Ward 4)
(Ward 1)
CONSENT CALENDAR continued
bb.
Contract Change Order No. 1 to Agreement No. 02-210 with Bowman asphalt, Inc.,
$201,993 for a total contract amount of $1,043,655.02, for the Resurface Various
Streets 2002 Project.
Bids:
CC.
Accept bid and award contract to Pence Petroleum, not to exceed $8,000, for
lubricating products.
dd.
Extend bid from South Coast Fire Equipment, $393,428.39, to purchase one (1)
additional 1500 GPM Fire Pumper with 750 gallon tank for Fire Department, Station
15.
ee.
Accept bids from Zones, Inc., IBM Direct and 365USA, not to exceed $450,000, to
purchase personal computers and printers,
ff.
Accept bid and award contract to Kern County Construction, Inc., $308,991, for
addition of three turbine can pumps and one generator at the Interface Facility for
the Water Resources Department.
Miscellaneous:
gg.
Approval of Community Development Block Grant (CDBG) Action Plan, Amendment
No. 4, to reallocate $90,000 in Clearance and Demolition Programs tot he 14~h Stret
Aquatic Center Project (FY 01/02).
hh. Sidewalk Inspection Program. (Refer to the Urban Development Committee)
ii.
Authorization to provide City Sewer Service to Residents in Rexland Acres area
contingent on the County of Kern agreeing to the terms outlined by the City
Manager, and the County committing $300,000 to the Jefferson Park Pool project
by January 1, 2003 and that the authorization to provide City sewer service to the
Rexland area would only by available until June 30, 2004.
jj.
Appropriate $55,000 Lessor Tenant Improvements contribution to the Capital Outlay
Fund Capital Improvement Budget for MIS offices in the Borton Petrini Building.
Staff recommends adoption of Consent Calendar Items a. through jj.
-5-
(Ward 3)
HEARINGS
Continued hearing regarding an Ordinance upholding the decision of the Planning
Commission, adopting a Negative Declaration and amending Section 17.06.020
(Zone Map No. 103-22) of Title 17 of the Bakersfield Municipal Code by changing
the zoning from an R-3 (Limited Multiple Family Dwelling) Zone to PCB (Planned
Commercial Development) Zone on 7.5 acres, located on the southeast corner of
Mount Vernon Avenue and State Highway 178 to allow a 67,300 square foot
commercial shopping center denying the appeal by Rich/Matz Bakersfield LLC (File
#02-0263). (Staff comments by Jack Hardisty, Development Services Director)
Staff recommends continuance of the appeal hearing to August 21, 2002.
Continued hearing to consider a Resolution approving and adopting an adjusted fee
for the development and improvement of parks within the City of Bakersfield. (Staff
comments by Raul Rojas, Public Works Director)
Staff recommends adoption of resolution.
10. REPORTS
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL & MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\Council~AGENDA\2002\July 31 2002 wpd
July 24, 2002 {4:54pm)
-6-
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSO~SlSTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - JULY 3'1, 2002 COUNCIL MEETING
July 26, 2002
PRE-MEETING
There is one workshop, which is an update on the Aquatics Center and ice Rink by the City Manager.
There are four closed session items, items 1 - 3 are conferences with legal counsel regarding existing
litigation, and item 4 is the employee performance evaluation for the City Attorney.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports.
include:
Those that should be highlighted
Ordinances:
Item 8e. Ordinance relatinq to Taxi Driver's Permit Appeal Process. The Municipal Code currently
provides for revocation or suspension of a taxi driver's permit under certain circumstances, and for an
appeal process to the City Council in the event this transpires. The proposed ordinance will streamline
this process. Staff recommends referral of the proposed ordinance to the Legislative and Litigation
Committee for further review.
Resolutions:
Item 8k. Resolution reqardin.q the Daktronics electronic messa.qe center s.qn on Truxtun Avenue at
Centennial Garden Arena. The existing sign was installed by City Neon in 1998. At that time, it wa=.
installed at an overall height of 24 feet and the trees along Truxtun Avenue adjacent to the sign were
only 6-8 feet tall. Now the trees have grown to 14-16 feet, and block the view of the sign. The City
desires to raise this sign to 40 feet overall. The existing height limit for freestanding signs in the Civic
Center Zone is 35 feet; therefore, the Council will need to waive the height limit for this sign. The
$35,000 needed to raise the sign is available in the Capital Improvement Program Budget. City Neon
HONORABLE MAYOR AND CITY COUNCIL
JULY 26, 2002
PAGE 2
Sign Systems is the authorized distributor for Daktronics, is familiar with the electronics involved, and is
qualified to do the work while maintaining the warranty. The sign has also weathered and needs to be
repainted. The cost to repaint the sign is $2,500, which is available from savings from funds budgeted for
the Safety Railing on the Centennial Garden Arena Roof. The total amount required for this project is
$37,500.
Item 8m. Traffic Si.qnal and Liqhtinq System Installation on Old River Road at Ridqe Oak Ddve. This
project was budgeted in the Capital Improvement Program for FY 2001-2002. It includes installation of a
traffic signal, lighting system, and striping at the intersection of Old River Road and Ridge Oak Drive.
This project has had two separate bid openings. At the first bid opening on June 12, 2002, no bids were
received. At the second bid opening on June 28, 2002, only one bid was received and it was
significantly higher than the Engineer's Estimate, so staff recommends rejection of that bid. Adoption of
the resolution would allow the improvements to be constructed by Public Works Department personnel in
a more economical manner.
Agreements:
Item 8q. Contract with Duane Morals LLP for counsel services - Kern Delta Water District EIR and
associated litiqation. Kern Delta Water Distdct has circulated a draft EIR for a "Water Banking and In-
Lieu Water Supply Project." The City will be filing written objections, and must be prepared to defend its
position. Mr. Colin Pierce, a water specialist with Duane Morris, previously represented the City on a
similar matter. On July 12, 2002, the Water Board voted to recommend this contract to Council for
approval.
Item 8r. Aqreement to conduct After-School Pro.qrems within the Greenfield Union School District. This
is the fifth year of collaboretion between the Distdct and the City. The agreement details a 50/50 split
between the entities, with each paying $51,658.20 for the 2002-03 school year.
Item 8s. Restoration Community Project, Inc., Infill Housinq Proiect. Affordable Homes, Inc. (AHI)
received approximately $195,000 in HOME CHDO funds in April of 2000 to purchase, rehabilitate and
sell affordable homes to Iow income persons. Due to the deteriorating health of the executive director,
they were unable to complete the agreement and asked to be released from the contract. The first part
of this action will release CHDO funds from prior years that will need to be reallocated quickly to a
compatible project.
The agreement is with Restoration Community Project, Inc. (RCPI), for $195,000 in HOME CHDO funds.
RCPI submitted an application for CHDO funds for this project in the regular NOFA process held by the
City for consideration of CHDO HOME funds for FY 2002-03. RCPI will use $170,789 to purchase and
rehabilitate substandard housing in the Southeast Bakersfield Infill Housing target area. The remainder
of funds, $24,211, will be used for eligible CHDO operating expenses, including employee costs to
administer the program. This amount will be appropriated from the HOME Investment Partnership
Program Income to the EDCD Operating Budget.
Item 8t. Aqreement with NUVIS for Landscape Architectural Services for Freeway Beautification Master
Plan. Statements of Qualifications were received from five firms. After review, the Selection Committee
recommended invited three firms to prepare a fee proposal and make an oral presentation to the
Selection Committee. After the Committee's evaluation of the firms' qualifications, their interview
presentations, and fee proposals, staff recommends that the consultant agreement for this project be
awarded to NUVIS of costa Mesa based on their combination of qualifications and fee proposal being
the most favorable to the City. This agreement is in the amount of $62,680. Appropriation of $30,000 of
Transportation Development Fund balance to the Capital Improvement Budget is recommended.
HONORABLE MAYOR AND CITY COUNCIL
JULY 26, 2002
PAGE 3
Item 8w. ARreement with the Bakersfield Senior Center for $50,000 of CDBG Funds. Over the last 19
years, CDBG funds have been used to expand the Senior Center facility. During the last few years, a
reduction of donations and fund raisers has impacted the operations of the BSC. At the October 4, 2001
Budget and Finance Committee meeting, it was recommended that the City provide the Senior Center
with funds raquired to pay the expenses to operate the facility between June 2001 to July 2002 for a one-
time contribution of $50,000 of Council Contingency funds. In addition, it was recommended that BSC
apply for CDBG funds for FY 2002-03. The proposed agreement will provide $50,000 of CDBG funds to
assist in providing senior services at the Senior Center facility on 4~h Street. The BSC submitted a
proposed operating budget for the next 12 months of $136,950. That recommendation was approved by
the City Council at their October 10, 2001 meeting.
Item 8x. Amendment to Contract with Michael Brandman Associates for additional environmental
services to make a determination ra.qardinR kit foxes at Callowa¥ Drive at the Friant-Kem Canal. The
City has a project to relocate the Fdant-Kern Canal under the intersection of Olive Ddve and Calloway
Ddve. The United States Bureau of Reclamation owns the canal and they ara requiring extensive
environmental studies, including information not originally planned for. The original contract with Michael
Brandman Associates has almost been exhausted. This amendment, in the amount of $20,540, will
allow them to complete the environmental studies. This project is part of the Capital Improvement
Program, and funds ara available in the project to pay for these services.
Item 8aa. Amendment to Aqraement with Castle & Cooke Commemial - CA, Inc. for land exchan.qe.
This Agreement will provide for the City to purchase 2.3 acres of land for the purpose of creating an
amphitheater, which is an integral part of the 30 acre park. In order to provide adequate land for
seating at the amphitheater at the 30 acre Rio Vista Park, it was necessary to pumhase 2.3 additional
acres from Castle & Cooke on the north edge of the property. The purchase price agreed to by both
parties is $10,000.
Bids:
Item See. Award contracts to Zones, Inc., IBM Director and 365USA to purchase personal computers
and printers. As part of the formal bid, pricing was requested on a "not to exceed" per unit basis for
various models currently available, which allows staff to negotiate for lower prices over the period of the
award. Staff anticipates that the actual purchase of the systems will be spread over six month, and each
purchase order will be subject to a lower negotiated price. Staff is recommending the award be split
between Zones, Inc., IBM Direct, and 365USA in an amount not to exceed $450,000.
Item 8ff. Award contract to Kem County Construction, Inc. for three turbine can pumps and one
qenerator at the Interface Facility for the Water Resources Department. This project consists of adding
three additional domestic water booster pumps to the existing six pumps at the City's Ten Million Gallon
Interface Facility at 1000 Buena Vista Road. Also, another auxiliary diesel generator will be added to
accommodate the increased electrical load. Three acceptable bids were received. Staff recommends
award to Kern County Construction, Inc. in the amount of $308,991.
Miscellaneous:
Item 8qq. Amendment to the Community Development Block Grant (CDBG) Action Plan for the Aquatic
Center FundinR. The proposed amendment will reallocate $90,000 from Clearance and Demolition
Programs to the 14~ Street Aquatic Center Project. This amendment is consistent with the Section 108
loan application and funding plan approved by the City Council on June 12, 2002. A public notice was
published May 19, 2002 to begin the 30-day public comment pedod for this amendment; to date no
public comments were received.
ADMINISTRATIVE REPORT
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: July 23, 2002 CITY A'I'rORNEY ~
CITY MANAGER
SUBJECT:
Update on the Aquatics Center and Ice Rink
RECOMMENDATION:
BACKGROUND: City Manager, Alan Tandy will give an update on the Aquatics Center and Ice Rink,
REPORT
IMEETING DATE: July 31, 2002
AGENDA SECTION: Closed Session
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 18, 2002
APPROVED
DEPARTMENT HEAD~
CITY AI-FORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
Lillian A. Pickering v. City of Bakersfield, et ah
Kern County Superior Court Case No. 245149-SPC
RECOMMENDATION:
BACKGROUND:
BJT:las
JU31CA4.CS
July 18, 2002, 9:19am
ADMINISTRATIVE
REPORT
IMEETING DATE: July 31,2002
AGENDA SECTION: Closed Session
ITEM: ~l.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 18, 2002
DEPARTMENT HEAD
ClTY A'I'rORNEY
CITY MANAGER
APPROVED
Conference with Legal Counsel -~- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
Joanne Edna Mullins v. City of Bakersfield, et a~,
Kern County Superior Court Case No. 242706-JES
RECOMMENDATION:
BACKGROUND:
BJT:las
JU31CA3.CS
July 18, 2002, 8:47am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
AGENDA SECTION: Closed Session
ITEM: 3.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 18, 2002
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY__~
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
Zachary David Faulconer v. City of Bakersfield, et ah
Kern County Superior Court Case No. 245793-SPC
RECOMMENDATION:
BACKGROUND:
BJT:las
JU31CA2.CS
July 18, 2002, 8:47am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
IAGENDA SECTION: Closed Session
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
June 13, 2002
APPROVED
DEPARTMENT HEAD ~
ClTY ATrORNEY ~
CITY MANAGER ~
Public Employee Pedormance Evaluation -- City Attorney
Closed session pursuant to Government Code section 54957
RECOMMENDATION:
BACKGROUND:
BJT:las
July 11,2002, 8:42am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
July 12, 2002
Minutes of the Council Meeting July 10, 2002.
DEPARTMENT HEAD
CITY A'I'rORNEY
APPROVED
N/^
ClTY MANAGER ~
RECOMMENDATION:
BACKGROUND:
bz
S:\Council~admins~2OO2~J U L3102.wpd
July 12, 2002, 4:56pm
ADMINISTRATIVE
REPORT
IMEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 18, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATFORNEY ~. _~,~
CITY MANAGER (~
SUBJECT: Approval of department payments from June 28, 2002 to July 18, 2002 in the amount
of $8,825,834.63 and self insurance payments from June 28, 2002 to July 18, 2002
in the amount of $359,177.88.
RECOMMENDATION: Staff recommends approval of payments totaling $9,185,012.51.
BACKGROUND:
S:\KIMGWORMS & LABLES\ADMIN- AP.DOC
klg
i ADMINISTRATIVE REPORT
IMEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 11, 2002
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY
CITY MANAGER
Ordinance amending Section 5.02.060(C) of the Bakersfield Municipal Code relating to
Business License Tax.
RECOMMENDATION: Staff recommends adoption of the Ordinance.
BACKGROUND: On September 5, 2001 the City Council referred the issue of the applicability of business
license tax to owners who rent or lease commemial or residential property to the Budget and Finance
Committee for review and recommendation.
The committee has had numerous lengthy discussions on the issue with considerable public participation
including the Bakersfield Association of Realtors, the Kern County Apartment Owners Association and the
Bakersfield Chamber of Commerce. These organizations took the position that people own rental propertyas
an investment and not as a business in which they work, or if they do work in the renting/leasing or
maintenance of the property, it is on a limited basis (less than 750 hours per year). As a compromise, staff
proposed that those who claim their real estate investment as passive activity under Section 469 of the Intemal
Revenue Code be exempt from business license tax, and at the Budget and Finance Committee meeting on
May 16, 2002, presented a revised business license application form (copy attached) that provided a means to
claim the exemption. After inconclusive discussion and public comment, the committee requested staff to meet
with the organizations and interested individuals to work out the details of staff's proposal. This meeting was
held on June 3, 2002. In the final analysis, it was agreed at the meeting that the revised application form is
adequate to implement the exemption.
At the June 20, 2002 Budget and Finance Committee meeting, staff reported the results of the June 3, 2002
meeting and presented an amendment to the ordinance [Municipal Code Section 5.02.060(C)] which
establishes the exemption from payment of the business license tax for carrying on a business which is "rental
real estate" as a passive activity.
The Committee, with Councilmember Maggard abstaining because of a possible conflict of interest, approved
the ordinance amendment and revised application form and requested the item be forwarded to the Council at
the July 10, 2002 meeting with the recommendation for first reading.
This ordinance was given first reading at the City Council meeting of July 10, 2002.
Attachment
S:~KimG~Bill~dmin - OrdAmend#5.060(c)2 nd.doc
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
IAGENDA SECTION: Consent
ITEM: 8.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
July 11, 2002
APPROVED
DEPARTMENTHEAD /~'~-,~..~
CITY A'rrORNEY
CITY MANAGER
SUBJECT:
An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No.102-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from
an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone on 0.12
Acres, and an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling)
Zone on 1.2 acres generally located approximately 1,000 feet north of Hageman Road, and
approximately 800 feet east of Calloway Drive (File # 02-0308) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on July 10, 2002.
On June 6, 2002, the Planning Commission recommended approval of the proposed zone change.
The purpose of the proposed zone change is to slightly adjust the zone boundary line to conform to
the lot lines of proposed Vesting Tentative Tract Map 6107.
The change consists of the following:
· From an R-1 (One Family Dwelling) to an R-2 (Limited Multiple Family Dwelling) on 0.12 acres;
and
· From an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) on 1.2
acres.
The existing zone boundaries were determined by previous property owners. Based on the
subdivider's proposed lot layout and street design, the existing zone boundaries would traverse
through the portions of several lots. Good planning practices would dictate the zone boundaries
match lot lines.
The proposed zone change is consistent with the land use densities allowed by the RiverLakes Ranch
Specific Plan. The density for the Low Density Residential designation allows up to 7.26 dwelling units
per net acre and the Low Medium Residential Density allows up to 10 dwelling units per net acre.
July 11, 2002, 8:58am
ADMINISTRATIVE REPORT r,ag 2
The location of the zone boundary adjustment is in the vicinity of Lots 43-44, and 90-95 in Phase 1
of VTM 6107. Vesting Tentative Tract Map 6107 was approved by the Planning Commission on June
6, 2002 and consists of 201 lots on 61.68 acres for purposes of single family development. Typical
lot size is 65 feet wide by 130 feet deep (8,450 square feet). The subdivision is proposed as a private
gated development in which the common areas such as the internal streets and landscaping lots are
to be maintained by a homeowners association. Access to the site is from the northerly extension of
Drakes Passage Way from Hageman Road, and an entrance off Calloway Drive across from
Cheyenne Drive.
JE
(admin\july~7-31-0308)
July 11, 2002, 8:58am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.e.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~
DATE: July 18, 2002 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Taxi Driver's Permit Appeal Process
RECOMMENDATION:
Staff recommends referral to the Legislative and Litigation Committee.
BACKGROUND:
The current section 5.50.300 of the Bakersfield Municipal Code provides for a revocation or
suspension of a taxi driver's permit under certain specified circumstances, together with an appeal process
to the City Council in the event such a suspension or revocation is ordered by the Chief of Police. In an effort
to streamline the meetings of the City Council, combined with a perceived need to amend the Code to provide
more direction to the Chief of Police, a draft ordinance has been prepared.
Staff recommends Council refer this issue to the Legislative and Litigation Committee for review.
BJT:las
JU31CA2.CC
July 18, 2002, lO:O7am
ADMINISTRATIVE
REPORT
IMEETING DATE: July 31, 2002
JAGENDA SECTION: Consent
ITEM: 8.f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Building
July 16, 2002
DEPARTMENT HE~~__~
CITY A'R'ORN~ ~.~.~
CITYMANAGER /I~T/
SUBJECT:
A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant
City Manager of the report of the Chief Code Enforcement Officer regarding assesSments of
certain properties in the City of Bakersfield for which structures have been secured against
entry or for the abatement of certain weeds, debris and waste matter and authorize collection
of the assessments by the Kern County Tax Collector.
(Wards 1,2, 3 & 4)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on July 8, 2002, by John Stinson and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which
constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The
property owners were notified and failed to comply with the notices to abate such public nuisance. After a
hearing duly noticed and held before the Building Director, the Director issued orders requiring the property
owners to abate the public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward 1/Councilmember C~r~on
1. 410 S. Brown Street 019-072-04 $ 675.00
2. 340 Daniels Street 169-140-02 $22,045.00
3. South of 3310 Hale Street 172-042-04 $ 1,095.00
4. 426 S. Haley Street 019-071-01 $ 272.00
5. 102 L Street 010-321-26 $ 240.00
6. South of 919 L Street 009-142-09 $ 240.00
7. 2 Liggett Street 139-401-12 $ 210.00
8. 1103 O Street 009-041-09 $ 240.00
9. 1010 P Street 009-052-08 $ 345.00
10. 929 Q Street 009-171-09 $ 320.00
11. 220 Rodman Street 139-341-12 $ 745.00
12. 221 Rodman Street 139-341-10 $ 745,00
13. 614 E. 9th Street 139-112-09 $ 276.00
14. 625 E. 10th Street 139-112-02 $ 379.00
July 17, 2002, 11:50am
ADMINISTRATIVE REPORT Page2
PROPERTY LOCATION
APN COST
Ward 2/Councilmember Benham
15. 1005 Pacific Street
015-080-02 $ 395.00
Ward 3/Councilmember Maaaard
16. 3815 K Street
120-060-08 $ 815.00
W{~rd 4/Councllmember Couch
17. 12409 Sawtooth Avenue
18. 9412 Windcreek Court
462-173-09 $ 295.00
368-170-11 $ 1,022.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80
of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the
hearing on this matter before the City Manager or his designee and to object to the correctness of the costs
incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City
for work performed to remove the public nuisance and order that such costs be made a lien against the
property. This will be done by adoption of the attached resolution,
JL31B1,HRG
July 17, 2002, 11:50am
ADMINISTRATIVE
REPORT
DATE: July 31, 2002
AGENDA SECTION: Consent
ITEM: 8°9.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
July 16, 2002
APPROVED
DEPARTMENT HEA~/~
CITY A'I'rORNEY
ClTY MANAGER ~
A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant
City Manager of the report of the Chief Code Enforcement Officer regarding assessment of
132 Milham Drive in the City of Bakersfield for which a dangerous building has been
demolished and authorize collection of the assessment by the Kern County Tax Collector.
(Ward 1 )
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on July 8, 2002, by John Stinson and all proposed
charges were confirmed. The subject property listed below was determined by the Building Director to pose
an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject
to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owner was notified and
failed to comply with the Notice of Summary Abatement. The subject property is listed as follows:
PROPERTY LOCATION
APN COST
Ward 1/Councilmember Carson
1. 132 Milham Drive
139-421-06 $ 1,435.00
The owner of the above-mentioned property failed to commence the required work as ordered by the Building
Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the
public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The
costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the
Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing
on this matter before the City Manager or his designee and to object to the correctness of the costs incurred
by the City to remove the public nuisance. The Assistant City Manager has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City
for work performed to demolish the subject nuisance and order that such costs be made a lien against the
property. This will be done by adoption of the attached resolution.
kdrn
JL31BL2.HRG
July 17, 2002, 11:53am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
IAGENDA SECTION: Consent Calendar
ITEM: 8oh.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
July 17, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY-~//~
CITY MANAGER ~
Res~uti~nad~ptinganamendedC~nf~ict~f~nterestC~def~rCity~fBakersfie~ddepartments.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The Political Reform Act ("PRA") requires a biennial review of local agency conflict-of-interest codes and that
each governmental agency review, update and amend its Conflict of Interest Code whenever positions are
created, deleted or modified so as to conform with the positions designated for reporting of economic interests.
The positions identified in this update were created or modified subsequent to the Council's approval of
Resolution No. 038-01 on March 28, 2001 which completed the year 2000 biennial review of the Conflict of
Interest Code.
The positions created or modified as set forth in the resolution (Exhibit "A") meet the criteria for filing
Statements of Economic Interest under the PRA as they are either involved in purchasing of equipment,
materials or services and/or participate in or influence government decisions on behalf of their respective
departments.
The current Code was reviewed by the City Manager, then provided to each department head with
recommended changes. Those changes included adding new designated positions, revising titles of existing
positions, adding responsibilities to existing positions, and deleting abolished titles and positions no longer
requiring designation.
The proposed amendments to the Conflict of Interest Code (all changes are in bold) is attached and
incorporated by reference into the resolution as Exhibit "A".
JWS\MGA\Isc
Attachment
S:\COUNCIL~Admins\confinterest2002.res..wpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2002
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY~
CITY MANAGER ~'~
Assessment District No. 02-1, (Avalon / Belsera / Montara / The Woods).
Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of
protests.
Resolution Approving Form and Substance of Acquisition and Disclosure Agreements and
Authorizing Changes Thereto and Execution Thereof.
(Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Resolutions.
BACKGROUND: On May 22, 2002, Council adopted the Resolution Approving the Boundary Map and the
Resolution of Intention.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing to hear
protests on September 18, 2002.
The Resolution Approving the Acquisition and Disclosure Agreements are agreements between the City and
the Property owners for improvements to be acquired by the City within boundaries of Assessment District No.
02-1.
Once the Resolutions are adopted, the next step is to mail notices and have the Assessment Engineer prepare
and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be ready for Council's
adoption on the September 18, 2002 meeting just after the close of the protest hearing.
The Preliminary Engineer's Report is on file at the City Clerk's Office.
G:\GROUPDA'F~ADMINRPT~2002~Ju131~AO 02-1prelrpt.wpd
June 26, 2002, 11:48AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8..~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 19, 2002
APPROVED
DEPARTMENT HEAD~ ~
CITY ATTORNEY ~
CITY MANAGER ~
Resolution determining that an Autoscope Machine-Vision Detection System for traffic
control cannot be reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding thereof; not to exceed $55,000
for two systems. (Wards 5,6,7/
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Autoscope Machine-Vision Detection Systems operate at traffic signal intersections
throughout the City as alternatives to in-ground detector loop systems which require frequent maintenance.
The Autoscope Systems will be integrated into the City's Traffic Operation Center and offers the capability
of real time video feed of the intersection back to the Traffic Operation Center.
Autoscope is a proprietary traffic management system, and has granted an exclusive license to sell to
Econolite Control Products, Inc. making this company the sole source for this system. Previous efforts to
include purchase of the Machine-Vision Detection System as part of the base bid for a traffic signal project
has led to high markup costs by the contractor, resulting in increased costs to the City. The System
components will be supplied to the City's contractor for installation. AIl programming will be done by City
crews who are trained in the programming of the Machine-Vision Detection System. Because of this
product's restricted availability, high contractor markup costs and need to integrate the product into an
existing City system, purchase of this item does not lend itself to normal bidding procedures.
The Autoscope Machine-Vision Detection Systems are to be installed in traffic signals at the following
locations:
Wilson Avenue at New Stine Road
Wilson Avenue at Wible Road
Both signals are funded 88.53% by Regional Surface Transportation Program (RSTP) funds with the local
match (11.47%) by the Gas Tax Fund.
J. Baker 3583
July 19, 2002, 8:29AM
G:\G ROU PDAT~AD MIN RPT~2002~May 22~Autoscope MachineVision04-02A.wpd
ADMINISTRATIVE REPORT
MEETING DATE: July 31, 2002
I ITEM: 8. k.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Raul Rojas, Public Works Director
July 15, 2002
DEPARTMENT HEAD .,~.~ ~/'/_
CiTY ATrORNE.~/~~ '-
CITY MANAGER ~
Resolution determining that raising the Daktronics electronic message center sign on
Truxtun Avenue at Centennial Garden Arena cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding thereof, not to exceed $37,500 (Ward 2).
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The existing Daktronics electronic message center sign was installed by City Neon in
1998 as part of the Centennial Garden Arena improvements. At that time, it was installed at an overall
height of 24 feet and the trees along Truxtun Avenue adjacent to the sign were only 6-8 feet tall. Now the
trees in front of the Arena have matured and grown to 14-16 feet, thus blocking the view of the sign.
City Neon Sign Systems is the authorized distributor for Daktronics and is familiar with the electronics
within the sign. Raising this sign will require new wiring for the sign. City Neon Sign Systems is qualified
to do this work while maintaining the warranty on the electronics.
The City desires to raise this sign to 40 feet overall height to provide readability above the trees. These
trees will reach an overall height of approximately 20-22 feet in the next few years. At that time they can
be maintained at that height with annual trimming. This sign has weathered and now needs to be
repainted. The cost to repaint the sign as part of this work is $2,500.
The existing height limit for freestanding signs in the Civic Center Zone is 35 feet; therefore, the Council
will need to waive the height limit for this sign.
$35,000 for raising the sign is available in the Capital Improvement Program Budget. $2,500 is available
for painting the sign from savings from funds budgeted for the Safety Railing on the Centennial Garden
Arena Roof.
PE: um
G :\G ROUPDAT~ADMIN R PT~002~J ul 31\Centennial Garden Sign.wpd
July 24, 20(~, 8:30am
ADMINISTRATIVE REPORT
IMEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
July 11, 2002
APPROVED
DEPARTMENT HEAD,~-~'--
ClTY A'n'ORNEY /~
ClTY MANAGER ~
SUBJECT:
Resolution of Application proposing proceedings for annexation of uninhabited territory to the
City of Bakersfield, property identified as Annexation No. 436, located in two separate areas
(1) along Stockdale right-of-way west of Ashe Road and (2) along the south side of Bloomquist
Drive to Belle Terrace, generally west of McDonald Way. (Wards 5 and 6)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory identified
as Annexation No. 436 to the City of Bakersfield. The proposed annexation consists of approximately
3 acres of uninhabited land located along Stockdale right-of-way west of Ashe Road and
approximately 0.46 acres of uninhabited land located south of Bloomquist Drive to Belle Terrace,
generally west of McDonald Way.
The territory along Stockdale Highway is the developed right-of-way of Stockdale Highway and the
area along Belle Terrace is developed with a single family residential dwelling. The City Public Works
Department wishes to annex the Stockdale right-of-way and the property owner of the residence
wishes to receive city services and has consented to annexation.
MO:pjt
(admin\mar~7-31-436)
July 11, 2002, 8:17am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002 AGENDA SECTION: Consent Calendar
ITEM: 8.in.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 24, 2002
APPROVED
DEPARTMENT HEAD.(~~-~
//
CiTY A'I-I'ORN~t
,,,..../
Cm'M AGER
Traffic Signal and Lighting System Installation on Old River Road at Ridge Oak Drive
(Ward 4):
Reject all bids for Traffic Signal and Lighting System Installation on Old River Road at
Ridge Oak Drive.
Adopt Resolution determining that the Traffic Signal and Lighting System Installation
on Old River Road at Ridge Oak Drive cannot be reasonably obtained through the
usual bidding procedure, authorizing the Finance Director to dispense with bidding
thereof, and allow such work to be performed by City personnel.
RECOMMENDATION: Staff recommends rejection of all bids and adoption of the resolution.
BACKGROUND: This project was budgeted in the Capital Improvement Program for Fiscal Year 2001-2002.
This project includes installation of a traffic signal, lighting system, and striping at the intersection of Old River
Road and Ridge Oak Drive. This project has had two separate bid openings. At the first bid opening on June
12, 2002, no bids were received. City staff then extended the Bid Opening date to June 28, 2002. At the
second bid opening, only one bid was received and it was significantly higher than the Engineer's Estimate.
Adoption of the resolution would allow the improvements to be constructed by Public Works Department
personnel in a more economical manner.
This project was budgeted in the 2001-2002 fiscal year Capital Improvement Program. The Engineer's
Estimate for this project is $75,000.00
One (1) bid was received on Friday, June 28, 2002, as listed below:
A-C Electric Company
315 30th Street
Bakersfield, CA 93303
(C~ty)
in the amount of
$106,502.00
jcu
July 24, 2002, 8:34am
G:\G ROU PDA'F~ADMINR PT~.002~J ul 3 l~Admin Report_TrafSig_Oid Rvr_RdgOak.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8. n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
July 23, 2002
APPROVED.
DEPARTMENT HEAD
CITY ATTORNEY~~
CITY MANAGER
Amendment No. 1 to Resolution No. 97-01 approving and adopting the City of Bakersfield
Operating and Capital Improvement Budgets for Fiscal Year 2001-02 to incorpo?ate
previous budget actions approved by the City Council
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
On June 27, 2001, the City Council adopted Resolution No.97-01 approving and adopting the City of
Bakersfield Operating and Capital Improvement Budgets for the Fiscal Year 2001-02. From July 1,2001
through June 26, 2002, Council has taken action to transfer and/or appropriate funds for specific services
and as a result, the respective budgets must be amended to reflect these changes for the past twelve
months of the fiscal year. This amendment is a technical administrative year end clean up procedure
necessary to reflect previous Council budgetary actions for FY 01-02.
The fiscal year 2001-02 Amended Budget is $388,843,039, with the Operating and Debt Service (which
includes the Community Development Block Grant) Budget and transfers totaling $309,048,866, the
Capital Improvement Program totaling $ 61,099,058, and the Bakersfield Redevelopment Agency
Budget totaling $18,695,115.
A detailed listing of the items approved by Council action (Exhibit "A"), which amends the 2001-02
budgets, is attached.
July 23, 2002, 11:23am
S:\Damell'admins~00 l~mend 1-01-02finaicouncilapprovaLwpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.o.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 8, 2002
Tract Maps/Improvement Agreements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Final Map and Improvement Agreements with Centex Homes for Tract 5829
Phase 3 located south of Snow Road and west of Jewetta Avenue (Ward 4)
Final Map and Improvement Agreements with Centex Homes for Tract 5831
Phase 4 located south of Olive Drive and west of Old Farm Road. (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: urs
G:IGROUPDAT~ADMIN RPT~2002\Jul 311MAPS&~MPAGR.wpd
July 8. 2002, 9:56am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 18, 2002
APPROVED
DEPARTMENT H EA D~/~_
CITY ATTORNEY ~
CITY MANAGER ~
Agreement with Launer & Associates ($30,000.00) to appraise properties within
Assessment District No. 02-1. (Wards 4 & 7)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
Assessment District No. 02-1 is being formed at the request of Bakersfield Avalon, LLC, Centex Homes,
and FSI, Developers, LLC pursuant to the Municipal Improvement Act of 1913 and Council Resolution No.
078-02. The developments called Avalon, Belsera, and Montara are generally located between Snow,
Reina, Allen Roads and Jewetta Avenue and the Woods development is located at the southeast comer
of Berkshire and Akers Roads.
In order to effectuate the formation of this district it is necessary to have an appraisal prepared to ensure
there is sufficient collateral to secure the debt being created by the district. Launer & Associates, a local
MAI appraisal firm was selected to prepare the appraisal for a fee not to exceed $30,000.00.
ADMINISTRATIVE
REPORT
IMEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 18, 2002
APPROVED
DEPARTMENTHEAD ,~--
CITY ATTORN.~/~z--
CITY MANAGER ~
Approval of contract with Duane Morris LLP for counsel services - Kern Delta Water District
EIR and associated litigation.
RECOMMENDATION:
Staff recommends approval of the contract.
BACKGROUND:
Kern Delta Water District has circulated a draft EIR for a "Water Banking and In-Lieu Water Supply Project"
dated June 2002. The City of Bakersfield will be filing written objections to the EIR and, if the project moves
forward, must be prepared to defend our legal position as the project will have substantial negative impacts
on the City's water rights. The City expects Kern Delta to respond to our written objections by December of
this year. The City Attorney anticipates a closed session potential litigation briefing on this important water
rights issue before that time. Mr. Colin Pierce, a water law specialist with Duane Morris, has represented the
City on the First Point case and this matter is closely related. The Water Board, on July 12, 2002,
recommended the attached contract to the City Council for approval.
BJT/ADD:Isc
Attachment
S:\COUNClL\Admins~AttyRetainer. DuaneMerris. KDEIR.wpd
July 18, 2002, 11:11am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Director of Recreation and Parks
July 20, 2002
DEPARTMENT HEAD
ClTY ATFORNEY
CITY MANAGER
Agreement in an amount not to exceed $51,658.20 to conduct After-School Programs within
the Greenfield Union School District (Ward 7)
RECOMMENDATION:
Staff recommends approval of the agreement
BACKGROUND:
This will be our fifth year of collaboration between the City of Bakersfield and the Greenfield Union School
District to provide the benefits of recreation in a school-based after school program. This contract formalizes
the intention of our respective agencies to continue to collaborate for the benefit of youth. Evidence of this
commitment to collaboration is an important criterion for grant funding, including funding for after school
programs available to school districts from the California Department of Education.
This partnership enables the city to conduct enrichment activities and sport programs that complement
existing school services. Community recreation helps cultivate good citizenship and promotes the health and
general welfare of the people. After school programs are very important to the citizens of Bakersfield.
Evaluations from the Greenfield Union School District Grant Evaluator showed that keeping youth off the
streets and out of the neighborhoods until 6:00 p.m. on school days has lowered crime during the school year
within their school district boundaries. In addition, Greenfield showed an increase in the number of students
scoring at or above grade level.
The agreement details a 50/50 split for the program between the District and the City with each entity paying
$51,658.20 for the 2002-03 school year. There are six Greenfield Union School District schools at which the
City plans and supervises after school recreation: Fairview, Kendrick, McKee, Palla, Plantation, and Planz.
Approximately 1,249 children are served each day by the program.
July 20, 2002, 4:34pm
S:\SlLVERCK~After School',Admin Report 02*03.wpd
ADMINISTRATIVE REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.s.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD _//~/~V~
DATE: July 23, 2002 CITY ATTORNEY
CITY MANAGER ~
SUBJECT:
Restoration Community Project, Inc., Infill Housing Project: (WARD 1)
1. Terminate Agreement 00-129 With Affordable Homes, Inc.
2. Agreement with Restoration Community Project, Inc., for $195,000 in HOME
Investment Partnership (HOME) - Community Housing Development Organization (CHDO)
funds to purchase and rehabilitate substandard housing in Southeast Bakersfield.
3. Appropriate $24,211 HOME Investment Partnership Program Income to the
Economic and Community Development Department Operating Budget.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Affordable Homes, Inc. (AHI) received approximately $195,000 in HOME CHDO funds through Agreement
#00-129 (April 26, 2000) to purchase, rehabilitate and sell affordable homes to Iow income persons in
Bakersfield. Due to the deteriorating health of Mr. Hal Rosen, AHI's executive director, they were unable
to complete the agreement and asked to be released from the contract. This action will release CHDO
funds from prior years that will need to be reallocated quickly to a compatible project.
Restoration Community Project, inc. (RCPI) is a nonprofit organization and a Community Housing
Development Organization (CHDO) whose mission is to restore individuals in the community to
wholeness. They accomplish this by operating two transitional housing and recovery facilities for alcohol
and substance abuse clients: one for women and one for men. Individuals move to independent living
within 24 months. RCPI also has a community restoration vision: training youths who are seen as a
liability to the community, and transforming them into community assets who will rehabilitate dilapidated
homes in the community, run cleanup projects, and beautify streets and individual properties. This project
is called Youth Building Bakersfield. It is based on the national Youthbuild model of training, education,
socialization and empowerment for independence for at-risk youth. RCPI submitted an application for
CHDO funds for this project in the regular NOFA process held by the City for consideration of CHDO
HOME funds for FY 2002-03. Due to prior City financial commitments of CHDO funds to Bakersfield
S:~Admins\City Council\RCPI Youth Build.doc
7/23/2002 10:30 AM
ADMINISTRATIVE REPORT .ago 2
Senior Center and a pending agreement with a selected Lakeview Neighborhood Infill housing program
non- profit builder, additional funds were not available for the RCPI project.
RCPI will use $170,789 of the $195,000 in HOME CHDO funds to purchase and rehabilitate substandard
housing in the Southeast Bakersfield Infill Housing target area. The remainder of funds, $24,211, will be
used for eligible CHDO operating expenses, including employee costs to administer the program. All
homes will be sold to Iow income residents and proceeds from the sale will be reinvested into the program.
RCPI will purchase and rehabilitate not less than five homes, while training ten youths in a three year
period. The estimated cost to purchase and rehabilitate each unit is $85,000, which includes on the job
training costs. Projects will be located primarily in census tract 22.
RCPI's training program is called Youth Building Bakersfield (YBB). YBB targets youth between the ages
of 16 and 24 years, who are described as at-riskyouth. Most participants will be high school dropouts in
need of a GED and job training. The program will enroll youths in the GED program, and provide valuable
in-the-field construction training, social skills and positive reinforcement as they move towards building a
productive life. Youths will be employed by RCPI. Compensation will be based on an hourly wage of no
less than $6.75/hour for approximately four hours per day. Time spent in the classroom will not be
compensated. At the end of the program, a $1,000 bonus will be awarded to the participants who receive
a GED and complete the training program successfully. RCPI will work with the Bakersfield Adult School,
the Career Training Center to obtain participants in the program. A licensed general contractor will
provide training and building expertise to ensure the success of the project.
Details in the agreement call for RCPI to purchase two substandard homes for rehabilitation within 16
weeks of the execution of this agreement. Rehabilitation will be completed no later than 32 weeks from
execution. The rehabilitated homes will be sold to Iow income homebuyers whose incomes do not exceed
80% of median income and the process will be repeated until RCPI has fulfilled its obligation under this
agreement. RCPI's complete program of training, schooling and rehabilitation of housing will be finished
within three years.
This is an outstanding program that will accomplish two priority goals of the City, employment training and
creation of affordable housing. Once established, RCPI intends to refine the program to receive
certification from the National Youthbuild Coalition and apply directly to HUD for future YOUTHBUILD
program funds.
S:~Admins\City Council\RCPI Youth Build.doc
7/23/200210:30 AM
ADMINISTRATIVE
MEETING DATE: July 31,2002
REPORT
IAGENDA SECTION: Consent Calendar
ITEM: 8.t.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Raul Rojas, Public Works Director
July 18, 2002
DEPARTMENT HEAD
CITY ATFORNEY~.~_/~-"~
CITY MANAGER
Freeway Beautification Master Plan (City-wide):
Consultants Agreement ($62,680) with NUVIS for Landscape Architectural Services
for Freeway Beautification Master Plan.
Appropriate $30,000 Transportation Development Fund balance to the Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the agreement
BACKGROUND: In June 2002, staff began the Qualification Based Selection process of selecting
a design consultant for this project. A Request for Qualifications was sent to local and out of town
design firms, resulting in submittals of Statement of Qualifications from the following five firms:
David Volz Design, Inc. (Sacramento); Lawrence R. Moss & Associates (Glendale); The HLA
Group (Sacramento); NUVIS (Costa Mesa); and RJM Design Group, inc. (San Juan Capistrano).
After review of the RFQ's on July 1, 2002, the Selection Committee recommended inviting the
following three firms to prepare a fee proposal and to make an oral presentation to the Selection
Committee: NUVIS; RJM Design Group; and The HLA Group. On July 17, 2002, the Selection
Committee conducted interviews with these three firms and reviewed the fee proposals submitted
by those firms. After the committee's evaluation of the firm's qualifications, the firm's interview
presentation, and fee proposals, staff recommends that the consultant agreement for this project
be awarded to NUVIS of Costa Mesa based on their combination of qualifications and fee
proposal being the most favorable to the City.
PE: uts
G:\G ROUP DAT~A D MIN R PT'~200L:~Jul 31~Freeway Beaut~cation.wpd
July 24, 20~2. 8;42am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.U.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 19, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Agreement with East Niles Community Services District ($19,282) for the engineering of the
relocation of their facilities to allow widening of College Avenue. (Ward 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City has a project to widen College Avenue near Fairfax Road. East Niles Community
Services District (East Niles) owns property and has buried water pipes and other improvements in the project
area. This agreement will pay East Niles to hire their engineer to develop plans for the relocation of these
improvements. Also, this agreement will have East Niles dedicate the additional land necessary to widen
College Avenue.
This project is part of the Capital Improvement Program, and funds are available in the project to pay for these
services.
dns
July 19, 2002, 10:15am
G:\GROUPDAT\ADMINRPT~2002~Ju131\East Niles Agmt Admin.wpd
ADMINISTRATIVE REPORT
MEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
TEM: I~.v.
TO:
FROM:
DATE:
SUBJECT:
(1)
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
July 15, 2002
Common Use Agreement
DEPARTMENT HEAD(.~
CITY ATTORNEY
CITY MANAGER
Common Use Agreement between the City Of Bakersfield and Rosedale Ranch
Improvement District of the North Kern Water Storage District for City right of way
crossing the R-O Canal at Old Farm Road and Jewetta Avenue south of Snow
Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of the Agreement
BACKGROUND:
This agreement sets out the responsibilities and duties of each party in regards to
the canal crossings. The R-O Canal is being relocated and the crossings are being
constructed as part of Centex Homes development of Tract 5829 located at the
southwest corner of Jewetta Avenue and Snow Road.
NOTE: THE IMPROVEMENT AGREEMENTS ARE
FILED IN THE CITY CLERK'S OFFICE FOR REVIEW.
PE: uts
G:\GROUPDAT~,DMINRPT~2002~Ju1311COMMON USE AGREEMENT.wpd
July 15, 2002, ~1:15am
ADMINISTRATIVE REPORT
MEETING DATE: July 31,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.w.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Donna L. Kunz, Economic Development Director
July 23, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Agreement with the Bakersfield Senior Citizen Center for $50,000 of Community
Development Block Grant funds for operational services at 530 4~h Street. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Since 1983, the Bakersfield Senior Citizen Center (BSC), a 501 (c) (3) non-profit corporation, has been
providing senior services at 530 4th Street. The center provides a variety of recreational, social,
educational, and vocational training activities primarily for seniors of the Greater Bakersfield Metropolitan
Area.
Over the last 19 years, CDBG funds have been used to expand the facilities there at the 4th Street center.
During the last few years, a reduction of donations and fund raisers have impacted the operations of the
BSC. At the October 4, 2001 Budget and Finance Committee meeting it was recommended that the City
provide the BSC with funds required to pay the expenses to operate the facility between June 2001 to July
2002 for a one-time contribution of $50,000 of Council Contingency funds. That recommendation was
approved by the City Council at their October 10, 2001 meeting. In addition, it was recommended that
BSC apply for CDBG funds for Fiscal Year 2002/2003.
The proposed agreement will provide $50,000 of CDBG funds to assist in providing senior services at the
BSC facility on 4th Street. The Bakersfield Senior Center has submitted a proposed operating budget for
the next 12 months of $136,950.
S:~Admins\City Council\BSC services agreement.doc
7/23/2002 10:42 AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002 AGENDA SECTION: Consent Calendar
ITEM: 8.x.
TO'
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 19, 2002
APPROVED
DEPARTMENT HEAD (~t ~/~.~
/1'.'
CITY ATTORNE~/~ ~7'~
CITY MANAGER
Amendment No. 1 ($20,540) to Consultant Contract No. 99-191 (for a total contract amount
of $44,142) with Michael Brandman Associates for additional environmental services to make
a determination regarding Kit Foxes at the Calloway Drive at Friant Kern Canal (Ward 4).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City has a project to relocate the Friant-Kern Canal under the intersection of Olive Drive
and Calloway Drive. The United States Bureau of Reclamation owns the canal and they are requiring
extensive environmental studies. During the initial phase of this project, the Bureau has requested additional
environmental information not originally planned for.
The original contract amount of $23,602 with Michael Brandman Associates has almost been exhausted. This
amendment will allow Michael Brandman Associates to complete the environmental studies.
Amendment No. 1 adds $20,540 to the total compensation amount bringing the total contract amount to
$44,142. This project is part of the Capital Improvement Program, and funds are available in the project to
pay for these services.
dns
July 24, 2002, 9:31&m
G:\GROUPDAT~ADMINRPT~2002~Ju131~Amend 1 to 99-191 admin.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: July 31,2002
AGENDA SECTION: Consent Calendar
ITEM: 8..y.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 11, 2002
APPROVED
DEPARTMENT HEAD /~t ~
I/ ~/
C,TY ATrORNEY~..~/~~z-~
CITY MANAGER ~
Amendment No. 1 to Agreement No. 00-173 with Mclntosh & Associates, for On-call
Inspection Services for Various Construction Projects (Amendment extends term and hourly
rates for inspection services. No changes to total compensation clause).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Throughout the year, the demand for Public Works construction inspection, both for
subdivisions and Capital Improvement Projects, exceeds staff resources. Agreement No. 00-173 with
Mclntosh & Associates was approved by Council on June 28, 2000. This agreement was for Mclntosh &
Associates to provide construction inspection services for Public Works projects for fiscal years 2000-01 and
2001-02.
On May 29, 2002, Staff received Statements of Qualifications (SOQ's) from three firms for On-call
Construction Inspection Services for Public Works Projects for fiscal years 2002-03 and 2003-04. One SOQ
was non-responsive and of the two SOQ's accepted, one inspector was listed on both SOQ's. The two SOQ's
were rejected at the June 26, 2002 Council Meeting since they were the only two received.
Agreement 00-173 with Mclntosh & Associates expired on June 30, 2002. This amendment will extend the
agreement for six months and increase the hourly rate for inspection from $65.00 per hour to $69.00 per hour
and from $84.00 per hour to $88.00 per hour for overtime. The revised rate reflects cost-of-living increases,
inflation, and current market conditions since Agreement 00-173 was executed.
dns
July 24, 2002, 8:27am
G:\GROUPDA'F~ADMINRPT~2002~Ju131~amnd 1 to Ag 00-173.wpd
ADMINISTRATIVE REPORT
IMEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.z.
TO:
FROM:
Honorable Mayor and City Council
Bob Trammell, Management Information~%,,"
Services Director
DATE: July 11, 2002
SUBJECT:
DEPARTMENT HEAD
ClTY ATFORNEY
ClTY MANAGER
APPROVED
Amendment No. 1 to Agreement No. 87-106 Material Safety Data Systems Software
Increasing Annual License Fee to $15,000.
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
In 1987, the City entered into a contract with Material Safety Data Systems to pumhase one licensed
version of material safety data software. The software creates a database whereby the City can track the
location of hazardous materials located in commercial and industrial properties.
The City now desires to have unlimited licenses for the software to permit all employees in the
Environmental Services division of the Fire Department to have access to the database.
The original license costs the City approximately $12,000 per year. Unlimited licenses will cost the
City $15,000 annually.
July 11,2002, 8:15am
S:\COU NCIL~Admins\87-106amd1 .wpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.aa.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
July 8, 2002 CITY ATI'ORNEY
CITY MANAGER .~~
_Am, endment No. 2 to Agreement No. 85-179 Land E.xchange. between the City of
uaKersfield and Castle & Cooke Commercial - CA Inc. (Hard
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND: This Agreement will provide for the City to purchase 2.3 acres of land for the purpose of
creating an amphitheater, which is an integral part of the 30 acre park.
In order to provide adequate land for seating at the amphitheater at the 30 acre Rio Vista Park it was
necessary to purchase 2.3 additional acres from Castle & Cooke on the north edge of the property. The
property in question is an abandoned portion of the Pioneer Canal easement.
City staff has been in negotiations with Castle & Cooke since early this year. The purchase price agreed
on by both parties is $10,000. The transaction does not require an escrow, so there will be no additional
escrow costs. The overall price and terms are fair and reasonable.
Castle & Cooke will be allowed to remove fill material from the adjacent Kern River channel at no charge for
the period of time needed for initial development on the property known as 'q'he Crossing."
AT:al
7/10/2002
S:~Admin Rpts~002~2-3 Acre Ag r 073102.doc
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.bb.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 22, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Contract Change Order No. 1 to Agreement No. 02-210 with Bowman Asphalt, Inc.,
($201,993 for a total contract amount of $1,043,655.02) for the Resurface Various Streets
2002 Project. (Ward 6)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the reconstruction and resurfacing of the roadway on Gosford
Road between White Lane and the railroad tracks just south of District Boulevard and on White Lane
between Saddle Back Drive and Old River Road.
After removing the deteriorated pavement section on Gosford Road, it was discovered that the soil under
the roadway was an organic material. This organic material is not sufficient to support the traffic loads at the
current planned thickness of paving. To remedy this problem, an additional one foot of this organic soil must
be removed and replaced with pavement grindings as outlined at an estimated cost of $120,000. The
additional excavation can be accomplished at an estimated cost of $81,993.00. It should be noted that the
cost for these items will be adjusted after completion on the basis of actual cost to perform this work.
dns
July 22, 2002, 2:02pm
G:\GROUPDAT~ADMINRPT~2002~Jul 31~2-210 CCO 1 Resurface.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.cco
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 2, 2002
APPROVED
DEPARTMENT HEAD
C,TY ATFORN E~y ~/~/~
CITY MANAGER
SUBJECT:
Accept bid to award annual contract to Pence Petroleum, not to exceed $8,000, for lubricating
products.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract is for oil and lubricating products used on City equipment. Two contracts
were awarded by Council June 26, 2002. This third contract is to allow purchase of the balance of products
needed. Invitations to bid were sent to six (6) vendors. Five (5) bids were received. Departments estimate
quantities and types of supplies that may be required for the contract year. The unit prices of the five (5)
bidders were compared to determine the Iow bidders.
P:\ADMIN\2002 ADMIN\C02_0710A Annual Contract Lubricating Products.wpd
GJK:DW:Ijm
July 2, 2002, 3:38pm
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 17, 2002
APPROVED
A
CITY MANAGER
SUBJECT:
Extend bid from South Coast Fire Equipment to purchase one (1) additional 1500 GPM Fire
Pumper with 750 gallon tank for Fire Department, Station 15 for $393,428.39.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: At the meeting of March 6, 2002, the City Council approved the purchase of a fire
pumper from South Coast Fire Equipment, the only bidder meeting specifications, for $388,843.46. The bid
specifications included a provision, Section 26, to supply additional fire pumpers and trucks at the price bid
for a period of seven (7) years with price adjustments subject to modifications to the specifications.
New State Environmental Protection Agency requirements bring changes to the Detroit Diesel Series 60
engine due to consent decree and new emission regulations. These changes affect the exhaust gas
recirculation (EGR) system, among other things, that result in reduced weight and improved braking that
meets the new requirements. The mandatory changes increase the price of the equipment by $4,585.00.
P:\ADMIN~2002 ADMIN\C02_0731 B Fire Pumper w-750 gallon t~nk.wpd
GJK:DW:Ijm
July 17, 2002, 1:55pm
ADMINISTRATIVE
REPORT
IMEETING DATE: July 31,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.ee.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 18, 2002
APPROVED
DEPARTMENT HEAD~/,,~
CITY ATTORNEY ,~b ~
ClTY MANAGER ~
Accept bids from Zones, Incorporated, IBM Direct, and 365USA to purchase personal
computers and printers (not to exceed $450,000)
RECOMMENDATION:
Staff recommends acceptance of bids.
BACKGROUND: The 2002-2003 City Council adopted budget allows replacement of computer equipment
from the equipment management fund. Staff has conducted a formal bid to obtain the lowest prices for this
equipment and the bid opening was July 17, 2002.
Pricing was requested on a "not to exceed" per unit basis for various models currently available, thus allowing
staff to negotiate for lower prices over the period of the award, should prices drop. It is anticipated that the
actual purchase of these systems will be spread over six months and each purchase order will be subject to
a lower negotiated price. Bids were received from twelve (12) vendors. Staff requests the award be split per
unit as follows:
Zones, Incorporated.
707 S. Grady Way
Renton, WA 98055
IBM NetVista X41 (p/n 627413U)
IBM NetVista X41 (p/n 627414U)
$1522.27
$1522.27
IBM Direct
PO Box 945684
Atlanta, GA 30394
XEROX Phaser 860/N
$2297.06
365USA
3845 Stockdale Hwy. #109
Bakersfield, CA 93309
XEROX Phaser 8200/N
XEROX Phaser 6200/N
XEROX Phaser 7700GX
$1778.21
$2250.11
$7123.55
P:~ADMIN~.O02 ADMIN\C02_0731B Computers and Printers
GJK:dw
July 18, 2002, 9:38am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.ff.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
July 10, 2002
APPROVED
DEPARTMENTHEAI~,¥/~,
CITY ATTORNEY ~---
CITY MANAGER ~
Accept bid of $308,991.00 and award contract to Kern County Construction, Inc. for"Addition
of three turbine can pumps and one generator at the Interface Facility" for the Water
Resources Department. (Ward Number 4)
RECOMMENDATION: Staff recommends acceptance.
BACKGROUND: This project consists of adding three (3) additional domestic water booster pumps to
the existing six (6) pumps at the City's Ten Million Gallon Interface Facility located at 1000 Buena Vista
Road. In addition, another auxiliary diesel generator will be added to accommodate the increased electrical
load. The ultimate build out of the facility will be eighteen (18) booster pumps and three (3) generators. The
facility will be expanded in the future to provide domestic and fire protection water as the service area
develops around Stockdale Highway and Buena Vista Road. The available funds budgeted are $327,000.00.
The engineer's estimate for the project is $327,000.00.
Three bids were received on July 9, 2002 for the project. The results are as follows:
Kern County Construction, Inc.
6208 Juanito Court
Bakersfield, CA 93306 (County) ............................... in the amount of $308,991.00
Brown and Fowler Construction
4211 Atlas Court
Bakersfield, CA 93308 (County) ............................... in the amount of $313,762.00
July 17, 2002, 7:52am
S:~2002 ADM RPTS~JL31WT1CC
ADMINISTRATIVE REPORT Page 2
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield, CA 93307 (City) .................................. in the amount of $336,165.00
July 17, 2002, 7:52am
S:~2002 ADM RPTS~JL31WT1 CC
ADMINISTRATIVE REPORT
I MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.gg.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD
DATE: July 23, 2002 CITY ATTORNEY
//
CITY MANAGER
SUBJECT:
Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 4,
to reallocate $90,000 in Clearance and Demolition Programs to the 14th Street Aquatic
Center Project (FY 01/02). (Ward 1 )
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendments affect CDBG program funds. The amendments are
needed to better reflect the program and budget needs for key department initiatives for the current year.
The proposed amendment will reallocate $90~000 from Clearance and Demolition Programs to the 14~h
Street Aquatic Center Project. On June 26, 2002, Council approved the amendment for the Martin Luther
King Jr. Pool rehabilitation project. The CDBG amendment for the clearance and demolition portion for
the 14th Street Aquatic Center was inadvertently omitted. This amendment is consistent with the Section
108 loan application and funding plan approved by the City Council on June 12, 2002.
A public notice was published May 19, 2002 to begin the 30-day public comment period for this
amendment; to date no public comments were received.
S:~Admins\City Council~action plan amend no4.doc
7/23/2002 3:38 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 31,2002
AGENDA SECTION: Consent Calendar
ITEM: 8ohh.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
July 18, 2002
Sidewalk Inspection Program
APPROVED
DEPARTMENT HEAD ~'~
CITY MANAGER ~
RECOMMENDATION:
Staff recommends referral to the Urban Development Committee.
BACKGROUND:
In February 1995, Report No. 1-95 from the Urban Development Committee regarding a Sidewalk
Repair Program was presented to the City Council, which directed that the policy outlined in the report be
implemented. Recent case law has created a situation which may necessitate a modification to this policy.
Staff recommends this matter be referred to the Urban Development Committee to review the current
policy in conjunction with this new case law to determine if any modifications to the policy are warranted.
BJT:las
JU31CA1 .CC
July 18, 2002, 10;11am
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002 AGENDA SECTION: Consent Calendar
ITEM: 8~ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
July 22, 2002
DEPARTMENT HEAD
ClTYA'R'ORNEY
CITY MANAGER
APPROVED
Authorization to Provide City Sewer Service to Residents in Rexland Acres area contingent
on the County of Kern agreeing to the terms outlined by the City Manager, and the County
committing $300,000 to the Jefferson Park Pool project by January 1, 2003 and that the
authorization to provide City sewer servibe to the Rexland area would only be available until
June 30, 2004.
RECOMMENDATION: The Budget and Finance Committee recommends approval.
BACKGROUND:
As part of the improvements proposed to City aquatic facilities, Kern County was requested to jointly fund
improvements needed for Jefferson Pool since over half of the pool patrons come from the unincorporated
areas adjacent to the Park. The County responded with a request that the City allow residents in the
unincorporated area of Rexland Acres to connect to the city sewer system. The County also indicated the
Rexland project would be completed using an USDA Rural Development grant and loan program using
about $ 4.8 million in grant funds and $1.5 million in loans for sewer system construction. In response to
the County, staff indicated that the City has an ordinance in place which directs that we do not provide
sewer service to areas that are not annexed. Staff expressed concerns about establishing a precedent
where the city would be expected to bail out other unincorporated areas that may have sewer service
problems in the future. This type of action could also serve as a possible deterrent to annexation by the
City. Staff indicated that the Council could make an exception to the ordinance through an
intergovernmental agreement. This could be considered since Rexland Acres is a Iow income area and the
Council does want to cooperate with the County. Staff further provided a set of conditions whereby, an
agreement could be considered. They included:
1) The City would allow for the 688 homes in Rexland Acres to flow to Treatment Plant #3 under our
intergovernmental agreement.
2)
The County would obligate itself to pay the full amount of the connection fees within nine months
after the physical connection, and 25% of the total should be paid at the time of connection. Those
fees are $2,400 per residence in 2003 and $2,500 in 2004. 688 homes x $2,400 = $1,651,200 or
688 x $2,500 = $1,720,000, depending on time of connection.
3) The County would also pay the City the trunk sewer fee for that area of $400 per acre x 150 acres, or
$60,000.
4)
ADMINISTRATIVE REPORT
Page 2
The County would obligate itself to paying the annual costs for the 688 homes for our operation and
maintenance charges, at the out of City rate as it would be established each year. It is currently
$146.25 x 688, or $100,620 annually. Inmost years, there is an inflationary increase added. This
amount to be adjusted per item 5), below.
5)
The County would own and maintain the lift station and the lines serving Rexland Acres. To offset
the costs associated with that service, the rates billed would be at 79% of the above rates (21% in
our system is normally allocated to the costs for services they are providing) or $119.85 x 688 -
$82,456.80, plus future increases.
6)
Only the 688 homes in Rexland would be served. There would be no additional connections to the
system, and both parties would agree in the document that this is a one-time action for special
circumstances. This does not establish a precedent for future cases.
The County sent a favorable response to staff regarding this proposal with some clarifications regarding the
number and types of users to be served (755.2 equivalent single family dwelling units changed from 688
homes), and essentially agreed to the terms outlined by the City. They also indicated that County CDBG
entitlement funds could be "freed-up" for the Jefferson Park pool project.
This item was referred to the Budget and Finance Committee for consideration. The Committee met with
County representatives several times and discussed the proposal and the City's po cv reoard no orov d no
sewer serv'ces outside the C~ty. At the Committee's Ju y 18t~ meeting the County repr'ese~tative~s'said the~
did not receive the USDA grants and loans they had applied for and although they would reapply for these
funds they would not know if they would be funded until March of 2003. They were also told that only a
maximum of $2 Million in grant funds would be available to them next year. The Committee indicated they
supported authorization of the proposal to allow the Rexland Acres area to receive City sewer service as
outlined in correspondence between the City and the County pending the approval of the USDA Grant,
however they wanted a time certain for the County to commit to funding for the Jefferson Park pool project
and a date of withdrawal of the City's offer to provide sewer sevice.
Staff indicated they would need to know by January 1,2003 if the County funds would be available in order
to incorporate them into the design work for the Jefferson Pool project. The Committee therefore
recommended authorizing the proposal to provide City sewer service to Rexland Acres subject to the terms
outlined by the City Manager, and the County committing $300,000 to the Jefferson Park Pool project by
January 1,2003 and further, that the authorization to provide City sewer service to the Rexland area would
only be available until June 30, 2004.
The action recommended by the Committee would authorize the proposal and conditions in concept and an
agreement detailing the specifics of the City providing sewer service to the Rexland Acres area would come
back to the Council at a later date for approval if the County proceeds with the project.
ADMINISTRATIVE
REPORT'
IMEETING DATE: July 31, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8..i,i.
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 23, 2002
APPROVED
DEPARTMENT HE~
CITY ATTORNEY~
ClTY MANAGER~
SUBJECT: Appropriate $55,000 Lessor Tenant Improvements contribution to the Capital Outlay Fund
Capital Improvement Budget for MIS offices in the Borton Petrini Building.
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND:
On July 10th, the City Council approved Agreement No. 02-218 with Century Building Associates, L.L.C., the
owners of the Borton Petrini Building, to lease office space for the Management Information Services Division
of the City Manager's office.
As part of the agreement, the Century Building Associates agreed to provide the City with a Tenant
Improvement Allowance of up to $55,000. This is to cover the costs the City will expend in painting, one wall
removal for the new training room, network cabling and some carpeting, etc. necessary for the M.I.S.'s
operations. Agreement No. 02-218 provides "Lessor shall reimburse Lessee for said improvements upon their
completion and presentation of invoices."
To facilitate the tracking of the City's costs, it is necessary to appropriate the $55,000 expenditure in the
Capital Improvement Budget in order to properly account for the expenditures and claim the reimbursement.
S:\KIMG\GREGORY~CONVERTED FILES~DM IN-APROPSTENANTIM PRVMTS.DOC
klg
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002 AGENDA SECTION: Public Hearings
ITEM: 9.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 17, 2002
APPROVED
DEPARTMENT H~,
CITY ATI'ORNE~
C WM^.^ ER
An Ordinance upholding the decision of the Planning Commission, adopting a Negative
Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title Seventeen of the
Bakersfield Municipal Code by changing the zoning from an R-3 (Limited Multiple Family
Dwelling) Zone to PCD (Planned Commercial Development) Zone on 7.5± acres generally
located on the Southeast Corner of Mount Vernon Avenue and State Highway 178 to allow a
67,300 square foot commercial shopping center denying the. appeal by Rich/Matz Bakersfield
LLC and(File # 02-0263). (Ward 3)
RECOMMENDATION:
Staff recommends continuance of the appeal hearing to August 21, 2002.
BACKGROUND:
This item was continued from the June 26, 2002, City Council meeting at the request of the applicant
to have more time to work out issues relating to road design. Councilman Maggard in his discussion
about the request for continuance expressed concerns he also wanted to address in the hearing.
These included the number of lanes, sidewalks, bus stops and architectural style. No additional
information has been submitted by the applicant for consideration as of the writing of this report so
the background remains the same. Staff has been informed of the applicant's intention to request a
continuance.
On May 16, 2002, the Planning Commission recommended approval of Zone Change #02-063 to
allow development of a commercial shopping center. Much of the discussion during the
Commission's May 16th meeting focused on internal circulation. The primary issue was the internal
private road that connects Mt. Vernon Avenue to Mall View Road. The developer proposed to provide
2 east bound lanes and 1 west bound lane. The Commission placed Condition Nos. 1-4 (Exhibit "A")
requiring 2 lanes in each direction. The Commission voted 6-1 recommending approval of the project
to the City Council. Commissioner Tragish voted against adding the condition requiring additional
lanes on the internal road and stated that although there was a lot of discussion indicting it would be
"nice" to have 4 lanes, the expert testimony of the City's Traffic Engineer indicates three lanes will
suffice. The conditions could use some clarification as to extent and purpose to guide subsequent
site plan review. For example: It is unclear if the Planning Commission intended the requirement for
four lanes to apply all the way from Mt. Vernon to East Hills Mall or just to the first major drive aisle
between Home Depot and this project. In condition number 2, a buffer wall is required. Staff believes
July 23, 2002, 3:15prn
ADMINISTRATIVE REPORT Page 2
it would be to mitigate the sound from trucks and refrigeration units from exceeding acceptable (70
CNEL) sound levels as defined in the Noise Element at the residential property line to south of the
loading dock. This would typically be a 12 foot to 14 foot high wall. Condition number 4 should be
adopted as a requirement, not just a recommendation.
The applicant states that the proposed shopping center would have little impact of the entry road. The
requirement to expand the road to 4 lanes would be costly and detrimental to the development of the
proposed market. Existing improvements, such as drainage structures, light poles and utilities, and
parking in front of the market would be impacted. Landscaping areas would be narrowed.
In accordance with condition No. 1 of City Council Resolution No. 22-01 (GPA P01-0744), the
applicant is requesting approval of a PCD (Planned Commercial Development) zone to allow a
commercial shopping center. City Council approved GPA/ZC # P00-0744 in February 2001 allowing
a General Commercial land use designation on the project site and the adjacent Home Depot
property, which covered a total of 27.9 acres. C-2 (Commercial) zoning was approved for the 20.4
acre Home Depot site, but this site, the remaining 7.5 acres west of Home Depot, was required to be
developed pursuant a PCD (Planned Commercial Development) zone.
The proposed zone change request consists of a change from an R-3 (Limited Multiple Family
Dwelling) zone to a PCD (Planned Commercial Development) zone to allow development of a 67,300
square foot commercial shopping center on 7.5 acres. Proposed uses include a grocery market and
4 satellite pads for restaurants.
A condition of related GPA P01-0744 limited the total square footage to 305,000 square feet of
building area for the entire 27 acre site that consisted of the Home Depot area and the area subject
to this PCD zone change (file #02-0263). The combined total of existing and proposed building area
square footage is 239,667 square feet, which is 65,333 less than the maximum 305,000 square feet
allowed.
The existing internal road connects Mall View Road on the east side of Home Depot to a signalized
intersection driveway on Mt. Vernon Avenue. Most of the street improvements along Mt. Vernon
Avenue have been completed with the Home Depot construction. The center will have reciprocal
parking and access with Home Depot.
The applicant requested the wall along the north boundary of the project adjacent the existing R-3
(Limited Multiple Family Dwelling) zone be waived. This R-3 zoned property is unlikely to be
developed as residential because an existing church site on a portion of the property and the location
and configuration of the property is limited in its ability to be developed as residential.
An 8-foot high masonry wall will be constructed along the property line separating the commercial site
and the apartments located on the south boundary in the unincorporated area of the County of Kern.
A 7-foot wide landscape strip with 24-inch box Canary Island Pine (evergreen) trees is also required.
There is a remnant stretch of right-of-way which once served as a frontage road paralleling Mount
Vernon Avenue that provided access to an existing church. As a condition of the approval for related
GPA #P00-0744, this frontage road would not be used for traffic. Access to the church is now
provided through the shopping center. The City retains the right-of-way for this frontage road to use
in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. Until that on-ramp project
is ready for construction, it is recommended the developer install a I O-foot wide landscape strip (per
Landscape Ordinance standards) along the perimeter of the remnant right-of-way. This landscape
July 23, 2002, 3:15pm
ADMINISTRATIVE REPORT
requirement would greatly enhance the aesthetics of the shopping center from Mount Vernon Avenue
(an arterial street) and reduce confusion of drivers seeing regular travel lanes on Mount Vernon
Avenue and a frontage road that is no longer in use. In addition to the specific landscape conditions
as shown in the conditions of approval, all landscaping shall be consistent with Zoning Ordinance
requirements.
No one spoke in opposition to the project during the Planning Commission's hearing. The Kern County
Planning Department submitted a letter (dated April 10, 2002) indicating they have no comment on
the project.
No further environmental documentation is necessary because all impacts were evaluated with the
initial study and negative declaration adopted on February 14, 2001 for GPA #00-0744 (CEQA section
15162). Applicable conditions and mitigation measures have been included in the conditions.
JE
(admin\july~7-31-0263)
July 23, 2002, 3:15pm
ADMINISTRATIVE
REPORT
MEETING DATE: July 31,2002
AGENDA SECTION: Hearings
ITEM: 9.b.
TO: Honorable Mayor and City Council APPR~
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 1,2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Headng to consider a Resolution approving and adopting an adjusted fee for the development
and improvement of parks within the City of Bakersfield, (All Wards)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following is
the Public Works Director's annual report to the City Council with updated, new or additional information
regarding the fee amount collected for the development of parks within the City. City staff recommends the
following changes to this fee:
Tvoe of Dwellinq Unit
PARK DEVELOPMENT FEE
PER DWELLING UNIT
Prooosed Fee Amount Current Fee Amount
Proposed
Increase
Single Family Dwelling $653
Duplex Dwelling Unit $653
Multiple Family Dwelling Unit $653
Mobile Home $653
$635 $18
$635 $18
$635 $18
$635 $18
The park development and improvement fee proposed for fisca~ year 2002-03 is adjusted in accordance
with the inflation rate of 2.8% as indicated in the Apdl 2002 Consumer Pdce Index attached hereto.
The park development fee was last adjusted in January, 2001.
Informational notices were mailed to the Building Industry Association, Amedcan Institute of Architects,
and North Bakersfield Recreation and Parks District.