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HomeMy WebLinkAbout09/18/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 18, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PREMEETING 1. ROLL CALL 2. WORKSHOP 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney Closed Session pursuant to Government Code Section 54957 REGULAR MEETING 1. INVOCATION by Rev. Nancy McMaster, Valley Christian Church 2. PLEDGE OF ALLEGIANCE by Kristin Hailing, 5th Grade Student, Elementary School 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Thorner Presentation by Sheryl Barbich, President of Greater Bakersfield Vision 2020, to Mayor Harvey L. Hall of the 2002 American Planning Award for the Greater Bakersfield Vision 2020 Project, and to Chief Eric Matlock of A Spirit of the Vision award for implementation of the Community Policing Project. Presentation by Mayor Hall of Certificates to National Roller Skating Champions. PUBLIC STATEMENTS APPOINTMENTS (Ward 7) (Ward 4) (Ward 3) CONSENTCALENDAR Minutes: a. September 4, 2002 Council Meeting. Payments: Payments from August 23, to September 5, 2002 in the amount of $15,980,277.74; and Self Insurance payments from August 23, to September 5, 2002 in the amount of $501,575.18. Ordinances: Adoption of an ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One Family Dwelling) zone on 38 acres located at the nodheast corner of Mckee Road and Wible Road. (ZC 02-0541 ) (First reading 9/4/02) General Plan Amendment and change of zone from Residential, Church to Office Commercial/Planned Unit Commercial at the southwest corner of Noriega and Calloway Roads. (P01-1036) (Ward 4) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to OC on 7.92 acres. Ordinance adopting the Negative Declaration, upholding the Planning Commission's recommended C-O/PCD (Planned Commercial District) zone and amending Title 17 of the Municipal Code and Zoning Map 102-18 from R-l-CH to the Planning Commission Recommended C-O/PCD on 7.92 acres. (First reading 9/4/02) Adoption of an ordinance partially 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 PCD (Planned Commercial Development) Zone on 7.5A acres, located on the southeast corner of Mount Vernon Avenue and State Highway 178 appealed by Rich/Matz Bakersfield LLC (File 02-0263) (First reading 9/4/02) Adoption of an ordinance repealing Chapter 14.16 of the Bakersfield Municipal Code and adding new Chapter 14.16 relating to sewer use in the unincorporated area; amending Section 14.04.030(E) relating to water service; and repealing Sections 14.04.030(F) and (G). (First reading 9/4/02) 2 8. CONSENT CALENDAR continued (Ward 7) (Wards 1,2,3,7) (Ward 2) g. Ordinances relating to Appeals: Adoption of an ordinance amending Chapter 15.84.100 of the Bakersfield Municipal Code relating to Appeals - Transportation Impact Fee. (First reading 9/4/02) Adoption of an ordinance amending Chapter 17.64.090 of the Bakersfield Municipal Code relating to Appeals - Modifications, conditional use permits and zone changes. (First reading 9/4/02) First reading of an ordinance amending Section 17.06.020 (Zone Map No. 102-23) of Title 17 of the Bakersfield Municipal Code by changing the zoning from a Planned Commercial Development (PCD) zone to a Revised Planned Commercial Development (PCD) zone to allow a Recreational Vehicle Park and related uses on 16.32 acres located on the southwest corner of Pacheco and Wible Roads. (#02-0540) Resolutions: Resolution authorizing the Finance Director to dispense with usual bidding procedures and to purchase Harris Microwave Equipment for various radio communications sites, not to exceed $200,000. Resolution confirming the approval by the City Manager or his designee 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 determining that a Street Lamp Microwave Video Surveillance System for use by the Police Department cannot be obtained through the usual bidding procedures and authorize the Finance Director to dispense with bidding, not to exceed $36,000. Resolution declaring real property, located at 515 Truxtun Avenue, surplus to needs of the City. Agreement with the Greater Bakersfield Convention and Visitors Bureau to acquire a portion of 515 Truxtun Avenue at no cost to build a new Convention and Visitors Center and business offices. 8. CONSENT CALENDAR continued (Ward 4) (Ward 4) (Ward 7) (Ward 7) (Ward 2) (Ward 2) m. Changes to Salary Schedule and Revised Job Specifications: Amendment No. 5 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Director of Operations - Parks. Revised Job Specification: Director of Operations - Recreation & Parks Director of Operations - Parks. n. Authorization to fill Recreation Superintendent position. Agreements: o. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc. Tract 5430, Phase L, located north of White Lane, west of Old River Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5430, Phase M, located north of White Lane, west of Old River Road. Final Map and Improvement Agreement with Porter-Robertson Engineering and Surveying Inc., for Tract 5518, Phase 1, located south of Highway 178, east of Miramonte Drive. Agreement to Indemnify LAFCO to City Annexation No. 429, Proceeding 1321, uninhabited territory located along the nodh side of Ming Avenue, west of Anita Lane. Agreement with Bakersfield Association for Retarded Citizens, a non- profit organization, to purchase five surplus computers from the City for $1.00 each for a total of $5.00. Agreement with the Bakersfield City School District, not to exceed $11,018 to conduct After-School Recreation Programs. Agreement with Bakersfield Rescue Mission, $50,500 of Emergency Shelter Grant funds to support the essential services and operating costs necessary to continue services at the Bakersfield Rescue Mission, 830 Beale Avenue. Agreement with Bethany Services, $50,500 of Emergency Shelter Grant funds to support the operating costs necessary to continue services at the Bakersfield Homeless Center, 1600 East Truxtun Avenue. 4 (Ward 2) (Ward 2) (Ward 4) (Wards 4,5) (Ward 3) (Ward 3) CONSENT CALENDAR continued Contract to purchase real property, $210,000, at 900 13~h Street with Reynaldo Ruiz and Maria D. Ruiz. Contract to purchase real property, $200,000, at 825 14th Street with Arlene K. Hunter. Transpodation Impact Fee Agreement with Coleman Homes, credit not to exceed $116,960 for Tract 5932 located at the southwest corner of Calloway Drive and Noriega Road and Tract 5934 located at the northwest corner of the Kern River Canal and Buena Vista Road. Agreement with URS Corporation, $1,999,867 for preparation of the Tier II Environmental Document for the Westside Parkway. Amendment No. 1 to Agreement No. 02-178 with Loop Electric to add $28,000 (total contract amount of $78,000) for vehicle loop cutting at various intersections within the City. Bids: Accept bid to award contract to A~C Electric Company for $148,333 for the Traffic Signal and Lighting Installations on Mount Vernon Avenue at Church Avenue and on Mount Vernon Avenue at Panorama Drive. Miscellaneous: aa. Appropriate $54,283 Transient Occupancy Tax fund balance to the Non- Departmental Operating Budget and authorize payment to the Convention and Visitors Bureau. bb. California Water Service Company request for an easement at 11000 Kern Canyon Road to provide potable water service to the Mesa Marin ball diamonds. cc. Transfer $25,000 Council Contingency to the General Fund Non- Departmental Operating Budget for a contribution to the North Bakersfield Recreation and Park District for relocation of soccer lights in Liberty Park. dd. Transfer $27,000 of California Multi-Jurisdictional Methamphetamine Enforcement Team appropriations in the Police Department Budget in the General Fund to the Public Works Department's Operating Budget in the Equipment Management Fund to purchase a van. Staff recommends adoption of Consent Calendar Items a. through dd. (Ward 4) (Ward 7) HEARINGS Hearing to consider ordinances amending Chapters 15.04, 15.12, 15.16, 15.28 and 15.32 of the Bakersfield Municipal Code relating to the 2001 California State Codes. Staff recommends first reading of the ordinances. Protest hearing for proposed Assessment District No. 02-1 (Avalon/Belsera/Montara/The Woods): 1. Resolution approving Final Engineer's Report, levying assessments ordering improvements, and authorizing and directing related actions. 2. Resolution determining assessments remain unpaid. 3. Resolution authorizing Issuance of Bonds. Staff recommends overriding the protests and adopting resolutions. Appeal by Stier's Leisure Vehicles, Inc. of the Board of Zoning Adjustment's approval of a Conditional Use Permit No. 02-660 to allow a recreational vehicle sales and service center within and adjacent to an existing 102,492 square foot vacant home improvement building in a C-2 zone district at 6801 Colony Street. Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment. 10. REPORTS a. City Manager Report No, Bakersfield Projects. 4-02 regarding $2 Million for Southeast Staff recommends the following: Actions necessary to begin the streetscape of Lakeview Avenue from California Avenue to Virginia Street be initiated immediately; and Staff initiate adjustments in the Section 108 and Block Grant Budgets to implement the list of projects continued in the attached list of recommendations. It should be specifically noted that the Section 108 projects will not occur until that grant is approved and received. 6 10. REPORTS continued Urban Development Committee Report No. 2-02 regarding Space Needs and City Hall Alternatives. The Urban Development Committee recommends staff pursue a detailed exploration of the purchase of an existing building in accordance with the cdteria outlined, including refinement of costs, phasing, integration with other City facilities, a financing plan and related work. 11. DEFERRED BUSINESS a. Aquatic Facility - Pool Sizing Issue. Staff recommends building a top quality zero entry pool Altemately, if the 25 yard competitive pool represents a reasonable balance between competitive and recreational use, and the Council is willing to bear the extra cost, that is also a quality proposal 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, ~Alan Tandy City Manager S:\Cou ncil~AGE N DA\NewSkeleton .doc September 12, 2002 (4:12 PM) B A K E R S F I E L D OFFICE OF THE CiTY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: September 13, 2002 HONORABLE MAYOR AND CiTY COUNCIL DARNELL HAYNES, ASSISTANT to the CiTY MANAGER(..~.)/~h~ ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - SEPTEMBER 18, 2002 COUNCIL MEETING PRE-MEETING There is one closed session item, which is the public employee performance evaluation for the City Attorney. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8i. Resolution Reqardinq the Purchase of Microwave Equipment for Various Radio Communications Sites, in an amount not to exceed $200,000. The existing City radio communication systems utilized by several departments, requires periodic upgrades to minimize equipment failure and interruption of telephone/data services. The existing microwave equipment has been out of production for over ten years and new parts are unavailable. As a result, the Communications Division has been phasing in new Harris digital microwave equipment over the past three years. The City desires to continue phasing in Harris microwave equipment into the existing system. The replacement of the 16-year-old analog microwave equipment will improve the communication circuits to the City's two-way radio systems and provide higher speed data capability to the Water Department's building, the new Police/Fire Facility located on Buena Vista, and the new mobile data computers used by the Police Department. Without the new equipment, the communications systems will continue to have interruptions in service. Replacing the obsolete microwave equipment will restore reliability to the City telephone/data systems. Staff therefore recommends that the Finance Director be authorized to dispense with the usual bidding system for this item. Item 8i. Resolution Reqardinq Assessments of Certain Properties for which Structures have been Secured Aqainst Entry or for the Abatement of a Public Nuisance. The properties are located in Wards 1, 2, 3 and 7. The property owners were notified and failed to abate the nuisance. A hearing was noticed and held before the Building Director, which resulted in abatement of the nuisance by the HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 13, 2002 PAGE 2 City. The costs incurred can be assessed against the property as provided for in the Municipal Code. The property owners were given notice of their right to appear at an appeal hearing before the City Manager or his designee. The Assistant City Manager approved the assessments at the hearing, which will now need to be confirmed by the Council and ordered that such costs be made a lien against the property. Item 8k. Resolution reqardinq a Street Lamp Microwave Video Surveillance System for use by the Police Department in an amount not to exceed $36,000. On January 9, 2002, Council appropriated $510,476 California Multi-Jurisdictional Methamphetamine Enforcement Team grant funds for police officers and equipment. One of the equipment items was a streetlight mounted camera system which will cost approximately $36,000. Detection Dynamics provides a patented unit, which will meet all the needs and specifications. They are the only company authorized to sell or make this patented system. Staff therefore recommends that the Finance Director be authorized to dispense with the usual bidding system for this item. Item 81. Surplus Property and Aqreement with the Greater Bakersfield Convention and Visitors Bureau to acauire a Portion of 615 Truxtun Avenue at no cost to build a new Convention and Visitors Center and business offices. The Greater Bakersfield Convention and Visitors Bureau currently leases office space at 1325 "P" Street. This location happens to be within the project boundaries of the proposed Ice Rink/Aquatics Center, and needs to be vacated for this purpose. The City owns property at 515 Truxtun, which will become surplus property when the Economic and Community Development Department relocates to 900 Truxtun Avenue. The Bureau wishes to acquire a portion of the surplus property to construct a new Visitor's Center and administrative building. To assist them, the City proposes to donate the land and contribute $150,000 of Transient Occupancy Tax to their project. Item 8m. Chanaes to Salary Schedule and Revised Job Specifications. The current job classification, Director of Operations - Recreation & Parks, is inappropriately titled as the position works only in the Parks Division. This amendment to the salary resolution and revised job specification is to more clearly portray the actual duties of the incumbent. The revised job specification was approved by the Miscellaneous Civil Service Board at their September 17, 2002 meeting. Item 8n. Authorization to fill Recreation Sueerintendent Position. Stan Ford, Director of Recreation and Parks has requested the filing of a Recreation Superintendent position due to considerable growth in recreation programs. This will be an internal promotion and the position vacated by the promotion will be converted to a Recreation Superintendent. The salary cost could range from $5,000 to $11,000 depending on the classification of the individual promoted, and can be absorbed by the department. Aqreements: Item 8r. Aqreement to conduct After-School Recreation Proqrams within the Bakersfield City School District in an amount not to exceed $11,018. This partnership enables the City to conduct activities and programs that complement existing school services. The agreement details a 50/50 split between the District and the City with each entity paying $11,018 for the 2002/03 school year. The one school site to receive an after school program under this agreement is Stella Hills Elementary School. Item 8s. Aqreement with Bakersfield Rescue Mission. The purpose of the Emergency Shelter Grant (ESG) program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as funding preventive programs and activities. As a part of the Fiscal Year 2002/03 budget process, the Council HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 13, 2002 PAGE 3 approved in principle the funding for Bakersfield Rescue Mission of up to $50,500 for eligible ESG activities. The agreement outlines the requirements and responsibilities of the grant. All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. Item 8t. Aqreement with Bethany Services. As a part of the Fiscal Year 2002/03 budget process, the Council approved in principle, the funding for Bethany Services of up to $50,500 for eligible ESG activities at the Bakersfield Homeless Center. The purpose of the Emergency Shelter Grant (ESG) program is noted above in Item Bp. The agreement outlines the requirements and responsibilities of the grant. All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. Item 8u. Purchase Aqreement Reqardinq Property at 900 13th Street. The City has been acquiring properties for the proposed Ice Rink/Aquatics Center. The property being purchased is known as Eureka Body Works. The purchase price of $210,000 is a product of negotiations based on an independent appraisal, and includes relocation assistance, loss of goodwill, and all claims for compensation arising from this transaction. On November 16, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. Item 8v. Purchase Aqreement Reaardina Property at 825 14th Street. The City has been acquiring properties for the proposed Ice Rink/Aquatics Center. The property being purchased is known as The Proud Pooch. The purchase price of $200,000 is a product of negotiations based on an independent appraisal, and includes relocation assistance, loss of goodwill, and all claims for compensation arising from this transaction. Claims for compensation by the tenant will be resolved separately. On November 16, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. Item 8w. Transportation Impact Fee Aqreement with Coleman Homes for Subdivisions Located at the Southwest Corner of Calloway Drive and Norieqa Road, and the Northwest Corner of the Kern River Canal and Buena Vista Road. Coleman Homes, Inc. has constructed a portion of Calloway Drive between Hageman Road and Noriega Road, and a portion of Buena Vista Road between the Kern River Canal and River Run Boulevard. Of the improvements constructed by Coleman Homes, one south bound lane of both road segments is listed on the Transportation Impact Fee Facilities List which enables Coleman Homes to qualify for a credit. Coleman Homes has requested the credit be applied to lots within Tracts 5596 and 5999. The credit available is approximately $116,960. Item 8x. Aqreement with URS Corporation for preparation of the Tier II Environmental Document for the Westside Parkwav in the amount of $1.999.867. As a result of a qualifications based selection process recently conducted by a committee consisting of City, County, Kern Council of Governments, and Caltrans staff, URS Corporation was unanimously determined to be the most qualified to complete the Tier II environmental document for the project. In conformance with Federal guidelines, a contract for this work was then negotiated with URS Corporation. Funds for this contract are part of the Federal monies recently allocated by the California Transportation Commission (CTC) for the Westside Parkway project. The CTC allocated $2.7 million for this phase of the project, and these funds were included in the 2002-2003 Capital Improvement Program budget recently approved by Council. Item 8y. Amendment to Aqreement with Loop Electric to add $28,000 for vehicle loop cuttinq at various intersections within the City. On June 12, 2002, the annual contract for vehicle loop cuffing was awarded to Loop Electric in an amount not to exceed $50,000. This contract is nearly exhausted due to the increase in road resurfacing. Staff estimates an additional $28,000 is needed for work in progress and resurfacing projects within the next 30 days, which will increase the total contract amount to $78,000. No additional appropriation is required since vehicle loop cutting costs are included in the budgeted Capital Improvement Program projects. HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 13, 2002 PAGE 4 Bids: Item 8z. Award Contract to A-C Electric Company for the Traffic Siqnal and Liqhtinq Installations on Mount Vernon Avenue at Church Avenue, and Mount Vernon Avenue at Panorama Drive in thc amount of $148.333. This project consists of installing traffic signals, lighting systems, and paveme.t markings at the intersections of Mt Vernon Avenue at Church Avenue and Mt Vernon Avenue at Panorama Drive. The projects are budgeted within the current fiscal year. The signal installation on Mt Vernon at Church is funded with Federal funds covering 88.53% of costs (with a cap of $120,000), and local Gas Tax Funds covering the reminder of costs. The signal installation at Mt. Vernon and Panorama is 100% funded with Transportation Development Funds. Three acceptable bids were received. Staff recommends award to A-C Electric Company. Miscellaneous: Item 8aa. Appropriate $54,283 Transient Occupancy Tax (T.O.T.) Fund balance to the Non- Departmental Operatinq Budqet, and authorize payment to the Convention and Visitors Bureau (CVB). On March 20, 2002, Council approved an agreement with the CVB. This contract establishe~ payment to the CVB for 11% of the T.O.T. realized by the City for the fiscal year that services are received. Due to the delay in receipting T.O.T. revenues after June 30th, the City advanced monthly payments based on budgeted T.O.T. with a final reconciliation payment based on the actual revenues. The difference between budgeted and actual T.O.T. equals $54,283. Item 8cc. Transfer $25,000 Council Continqency to the General Fund Non-Departmental Operatin.q Budqet. At the July 10, 2002 meeting, the City Council approved several conditions related to thu lighting at Liberty Park which is operated by the North Bakersfield Recreation and Park District. One of the conditions was for the City to contribute $25,000 to help defray the costs to the Recreation and Park District to comply with the relocation of lights in the park. This is a technical clean-up item which approves the actual transfer of these funds to the proper budget for financial tracking purposes. Item 8dd. Transfer $27,000 of California Multi-Jurisdictional Methamphetamine Enforcement Team (CAL-MMET) appropriations in the Police Department Budqet in the General Fund to the Publiu Works Operatinq Budqet in the Equipment Manaqement Fund. Council has previously approved appropriations to purchase equipment for CAL-MMET with grant funds from the Governor's Office of Criminal Justice Planning. The funds will be used to purchase a van that will carry lab personnel and equipment to methamphetamine sites. The purchase has also been approved by the grant administrator, the County of Kern. HEARINGS Item 9a. Ordinance amendinq the Municipal Code relatin(~ to the 2001 California State Buildin(~s and Construction Code. The 2001 edition of the California Building Codes have been adopted by the requiring an amendment of the Municipal Code to reflect their adoption. The Building Department staff has reviewed the provisions of these ordinances with the Building Industry Association of Kern County and the Kern County Building Department to coordinate consistency in code enforcement. Item 9b. Protest Hearin(~ for oro0osed Assessment District No. 02-1 (AD 02-1, Avalon / Belsera ~ Montara / The WoodsY. On July 31, 2002, Council approved the Preliminary Engineer's Report and scheduled the hearing for September 18, 2002. Following the close of the hearing, adoption of these resolutions will approve the Final Engineer's Report, levy the assessments and order the public HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 13, 2002 PAGE 5 improvements. The assessments will then be recorded as liens, and notice of assessment and cash payment opportunity will be mailed to the property owners of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. The Final Engineer's Report is on file in the City Clerk's Office. Item 9c. Appeal by Stier's Leisure Vehicles, Inc. of the Board of Zoninq Adiustment's (BZA) aoDroval of a Conditional Use Permit (CUP). On August 13, 2002, the BZA approved a CUP allowing a recreational vehicle sales and service center within and adjacent to an existing 102,492 square foot vacant home improvement building in a C-2 zone district at 6801 Colony Street. The approval was based on a finding that the use was consistent with City policies and ordinances, and that it would be an asset to the area. The appellant identifies two issues: 1) the application is invalid because it was not signed by the property owner; and 2) the use will cause closure of a competing business within the auto mall causing blight to the area. The City does not and should not base zoning decisions based on avoiding competition, therefore, the BZA's decision is recommended to be upheld and the appeal denied. REPORTS Item 10a. City Manaa, er's Report No. 4-02 Reqardinq the $2 Million for Southeast Bakersfield Projects. On March 28, 2001, the City Council unanimously voted to reserve $1.0 million in Housing and Community Development Block Grant monies for projects in Southeast Bakersfield. On June 12, 2002, the City Council approved a federal Section 108 Loan application that, among other projects, requested an additional $1.0 million for Southeast Bakersfield projects. The Southeast Charette conducted earlier this year identified far more needs and goals than $2.0 million will fund, so ideas have been extracted based on eligibility, City functions (some ideas fall to other governments), impact, and our ability to carry them out in a timely way. Those include: a) provide incentives to the private sector investment; b) a streetscape that includes a center median with landscaping, character lighting with distinctive banners, sidewalk repairs, and features such as improved bus benches on Lakeview and to fill gaps in such facilities on California, Brundage and Union Avenue; c) improved lighting where it is inadequate; d) provide incentives for the Airpark Restaurant for private redevelopment and to actively seek out a private sector group to restore the amenity; and e) a job training center, daycare facility, and legal or medical services. On Tuesday, September 10~', Council member Irma Carson, the City Manager and Community and Economic Development staff members, Donna Kunz, George Gonzales and Charles Webb gave a computerized presentation to at a neighborhood meeting held at the Martin Luther King, Jr. Center to disseminate information and take public comment. The public reviewed the City Manager's Report regarding possible projects in Southeast Bakersfield and was generally supportive. Overall consensus for the City Manager's Report was achieved at the neighborhood meeting and staff is recommending this item to the full City Council for acceptance and immediate implementation of the actions necessary to begin the streetscape of Lakeview Avenue from California Avenue to Virginia Street and initiate adjustments in the Section 108 and Block Grant budgets to implement the list of projects contained in the report. Section 108 projects will not occur until that grant is approved and received. HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 13, 2002 PAGE 6 Item 10b. Urban Development Committee Report No. 2-02 Reqardinq Space Needs and City Hall Alternatives. The Urban Development Committee requested staff provide a broad-based summary of the major alternates that have been discussed to date regarding City Hall. Also requested was criteria to be used in the process of deciding what existing buildings might be considered if the "buy an existing building alternate" was considered, in addition, it was requested that master planning be incorporated in the process. At the September 9th meeting, the Committee reviewed several cost alternatives ranging from $10,000,000 to $110,000,000 and criteria to be used in reviewing building alternatives, such as locations, availability, and suitability for City offices, parking and size. The Committee also performed a preliminarily evaluation of existing buildings. The Committee concurred with the City Manager's recommendation and directed staff to pursue a detailed exploration of the purchase of an existing building in accordance with the criteria outlined, including refinement of costs, phasing, integration with other City facilities, a financing plan and related work. In addition, staff was also asked to explore open space possibilities and redevelopment opportunities as part of this further review, DEFERRED BUSINESS Item 1 la. Sizinq of New Aquatics Facility, Staff has done considerably more research on the aquatic questions raised at or after the last Council meeting. Based upon that research we are continuing to recommend the high quality zero entry pool with the notation that the 25 yard or high school level competitive pool is a reasonable alternate. A presentation of research material will be made at the Council meeting. AT:DWH:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Closed Session ITEM: 3. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 5, 2002 DEPARTMENT HEAD /~.~,OVE D CITY ATTORNEY CITY MANAGER Public Employee Performance Evaluation -- City Attorney Closed session pursuant to Government Code section 54957 RECOMMENDATION: BACKGROUND: BJT:las September 5, 20021 9:06AM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Presentations ITEM: 5.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall ,~;~ROVED DEPARTMENT HEAD__~' September 9, 2002 CITY A'I-rORNEY CITY MANAGER Presentation by Sheryl Barbich, President of Greater Bakersfield Vision 2020, to Mayor Harvey L. Hall of the 2002 American Planning Award for the Greater Bakersfield Vision 2020 Project, and to Chief Eric Matlock of A Spirit of the Vision Award for implementation of the Community Policing Project. RECOMMENDATION: BACKGROUND: ndw September 9, 2002, 10:05AM S:\MAYOR~ADMIN\VlSiON 2020.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall September 9, 2002  I~OVED DEPARTMENT HEAD__._~ CITY A'I-rORNEY Presentation by Mayor Hall of Certificates to National Roller Skating Champions RECOMMENDATION: BACKGROUND: ndw September 9, 2002, 8:45AM S:\MAYOR~ADMIN\NATIONAL ROLLER SKATING CHAMPIONS.dot ADMINISTRATIVE REPORT MEETING DATE: September18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. a. APPROVED TO: FROM: DATE: Honorable Mayor and City Council Pam McCarthy, City Clerk August 23, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~_~ SUBJECT: Minutes of the Council meeting of September 4, 2002 for approval. RECOMMENDATION: BACKGROUND: bz S:~Council~admins ~2002~A UG2102. doc ADMINISTRATIVE REPORT IMEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 5, 2002 APPROVED DEPARTMENT HEAD /~'/('" Approval of department payments from August 23, 2002 to September 5, 2002 in the amount of $15,980,277.74 and self insurance payments from August 23, 2002 to September 5, 2002 in the amount of $501,575.18. RECOMMENDATION: Staff recommends approval of payments totaling $16,481,852.92. BACKGROUND: klg September 5, 2002, 3:10PM S:~KimO\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent ITEM: 8. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 5, 2002 ,,,/~P~ROVED DEPARTMENT HEAD_~,,/, CITY A'I'rORN EY CITY MANAGER An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One Family Dwelling) zone on 38 acres located at the northeast corner of McKee Road and Wible Road.(ZC 02-0541). (Ward 7). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on September 4, 2002. The applicant proposes development on the east side of Wible Road. The project is similar to those which exist adjacent to the north and west of the site. There is a potential to develop 275 dwelling units at a density similar to that which exists in the general area. All urban services are available and can easily be extended to serve the development. There were no issues/concerns raised by nearby residents/public agencies. The proposed zone change is consistent with the existing land use designation allowed by the general plan. The LR (Low Density Residential) allows up to 7.26 dwelling units per net acre. The project site is in the process of being annexed to the city. It is anticipated that the annexation will be completed by the end of this calendar year. MO:pjt Admin\sept\9-18-0541 ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 11,2002 .~-AI~_VED DE"ARTME"T' CITYA'I-rORNEY ~'/ ~ . General Plan Amendment and change of zone from Residential, Church to Office Commercial/Planned Unit Commercial at the southwest corner of Noriega and Calloway Roads. 0Nard4) (P0].-].036) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to OC on 7.92 acres. Ordinance adopting the Negative Declaration, upholding the Planning Commission's recommended C-O/PCD (Planned Commercial District) zone and amending Title 17 of the Municipal Code and Zoning Map 102-18 from R-l-CH to the Planning Commission Recommended C-O/PCD on 7.92 acres. RECOMMENDATION: Staff recommends adoption of the ordinance and resolution. BACKGROUND: This item was continued from the August 21,2002, to the September 4, 2002 City Council meeting to permit the resolution of a public controversy associated with the case. After a neighborhood meeting and considerable discussion at the September 4, 2002 meeting the project was approved by City Council. MG:pjt Admin\sept\9-18-1036 MEETING DATE: ADMINISTRATIVE REPORT September 18, 2002 I AGENDA SECTION: Consent I ITEM: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 5, 2002 APPBOVED CITY ATTORNEY~y~ ///~-- / CITY MANAGER ~f~ An Ordinance partially 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 7.5A acres generally located on the Southeast Corner of Mount Vernon Avenue and State Highway 178 appealed by Rich/Matz Bakersfield LLC (File # 02-0263). (Ward 3) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: The City Council conducted a public hearing on September 4, 2002 and gave first reading of the ordinance. The attached conditions of approval have been amended to reflect the City Council's action on September 4, 2002 This item was continued from the June 26, 2002, July 31, 2002, and August 21, 2002 City Council meetings 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. The appellant, Councilman Maggard and staff have met to discuss the issues related to this case. They generally agreed that the entry road from Mt. Vernon should be two lanes east bound and that the west bound lane is sufficient as it is. The entrance to proper'ties north and south of the main entry road will be offset. 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 keeping the entrance road as it already is. 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 ADMINISTRATIVE REPORT Page2 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 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. I 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 waiver of the required 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. ADMINISTRATIVE REPORT 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. JE (P:admin~sept~9-18-0263) ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney APPROVED DEPARTMENT HEAD~r-----.' September 9, 2002 CITY ATTORNEY CITY MANAGER Ordinance repealing Chapter 14.16 of the Bakersfield Municipal Code and adding new Chapter 14.16 relating to sewer use in the unincorporated area; amending section 14.04.030(E) relating to water service; and repealing sections 14.04.030(F) and (G). RECOMMENDATION: Staff recommends adoption of this Ordinance. BACKGROUND: The City of Bakersfield has long held the policy that sewer and water services should not be supplied outside the City limits, thereby requiring annexation before these services are received. These ordinance amendments establish this policy and clarity sections of the Municipal Code that did not conform to the annexation policy. Under these amendments annexation will be required for water service through the City water system and sewer service will also require annexation unless such service is supplied through an intergovernmental agreement. Connections made prior to the effective date of the ordinance will not be affected. The City Council conducted the first reading of this ordinance on September 4, 2002. ADD:Isc S:\COU NClL¥~dmins\Sewer&WaterServ. Unincorp.doc 9/9/2002 4:25 PM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDASECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 9, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER~ An ordinance amending Chapter 15.84.100 of the Bakersfield Municipal Code relating to Appeals - Transportation Impact Fee. An ordinance amending Chapter 17.64.090 of the Bakersfield Municipal Code relating to Appeals - - Modifications, conditional use permits and zone changes. RECOMMENDATION: Staff recommends adoption of these ordinances. BACKGROUND: 1. Chapter 15.84.100 of the Bakersfield Municipal Code relates to appeals of decisions by the Public Works Director concerning traffic impact fee credits. When this section was adopted a few years ago, it included a provision that required a developer, who had been denied a transportation impact fee credit, to first file an appeal with the County Board of Supervisors. The decision by the Board was advisory only to the City Council. The recent appeal of Riverlakes Investment Company (Craig Carver) and Kyle Carter Homes with respect to traffic impact fee credits brought this language to the attention of the County. The County indicated that such language had never been formally approved by the County and that it did not want to be a part of the traffic impact fee appellate process. As such, the attached ordinance simply strikes the County's involvement from the process and places the appeal solely within the purview of City Council. 2. The revision to 17.64.090 is to simply clarify the number of days that one has to appeal from a Board of Zoning Adjustment or Planning Commission decision. Currently, the Code says "10 days." To eliminate any confusion between calendar or working days, the proposed revision expressly provides that appeals must be submitted within ten (10) calendar days. This ordinance received first reading at the September 4, 2002 City Council meeting. VG:alj September 9, 2002, 10:45AM S:\COUNCIL\Admins\ 15.84.100-17.64.090Amend2.Appeals.doc ADMINISTRATIVE REPORT IMEETING DATE: September 18, 2002 AGENDA SECTION: Consent ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council /,~/PP/IPPP~ED Development Services - Planning DEPARTMENT HE/~ ~. August 30, 2002 CITYciTY ATTORN ~¢//MANAGER~ An Ordinance amending Section 17.06.020 (Zone Map No.102-23) of Title Sevehteen of the Bakersfield Municipal Code by changing the zoning from an Planned Commemial Development (PCD) zone to a Revised Planned Commemial Development (PCD) zone to allow a Recreational Vehicle Park and related uses on 16.32 acres located on the southwest corner of Pacheco and Wible Roads. (#02-0540) (Ward 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On August 1, 2002, the Planning Commission unanimously adopted Resolution No. 90-02 recommending adoption of the ordinance approving Zone Change No. P02-0540 to allow revision to a previously approved recreational vehicle park and related uses located at the southwest corner of Pacheco and Wible Roads. Steve McKinzie, representing Edward Gene Patterson, applied to change the zoning on 16.32 acres from a Planned Commercial Development (PCD) zone to a Revised Planned Commemial Development (PCD) zone on the site previously used as the Crest Drive-In. The zone change consists of a change to the site plan for the recreational vehicle park (RV) and proposes additional service related uses on 16.32 acres. The number of RV spaces has been reduced from 246 to190 spaces for recreational vehicles. Uses approved with the original PCD approval (file # 01-0762) include the manager's residence, office, mini-market, laundry, swimming pool, and playground have been relocated into a new building at the center of the project site. The new building proposes to include additional uses for a restaurant, cocktail lounge, and banquet facilities. Additional parking spaces for will be provided for patrons of the restaurant and cocktail lounge. A maintenance building is located at the northwest corner of the site. The main access has been moved from Pacheco Road to Wible Road. Secondary access will be from Pacheco Road. The emergency access to Sara Jane Street (a residential street) has been eliminated. There is now no access to any adjacent residential street from the project site. ADMINISTRATIVE REPORT Page2 All of the landscaping, buffering, design features and operational conditions of approval required of the original zone change have been incorporated into this revised plan. For example, the 20-foot setback landscaped with an evergreen tree screen between the residentially zoned property on the west and south sides and the first tier of RV spaces is provided. An 8 foot high masonry wall would be constructed along the west boundary, and the existing 6 foot high wall along the south boundary will remain. As previously approved by the City Council, sidewalk and chain link fence with slats shall be required along the along the west side of Wible Road. However, landscaping shall be provided at the Wible Road entry to the project site. Kern Delta Water District, the canal operator, submitted written acknowledgement that the developer may construct a bridge across the canal subject to the District's approval. No one spoke in opposition to the request at the Planning Commission hearing. The applicant agrees to all conditions as stated in the exhibits attached to the ordinance. The 1.8 acres owned by Exxon Mobile on much of the Pacheco Road street frontage shall remain undeveloped. If the PCD zone is approved, a separate revised PCD zone change application must be approved prior to any development for the Exxon Mobile property. The Negative Declaration adopted with the previous zone change (file # 01-0762) is applicable to and appropriate for this project. Therefore, in accordance with CEQA section 15162, no further environmental documentation is necessary because there are no substantial changes in circumstances under which the project will be 'undertaken and no new environmental impacts have been identified. JE (P:admin\sept\9-18-0540) ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 29, 2002 ,~/,~ROVED DEPARTMENT HEAD ~ · CITY A'I'rORNEY ~ CITY MANAGER ~._~ Resolution Authorizing the Finance Director to Dispense with Usual Bidding Procedures. and to Purchase Harris Microwave Equipment for Various Radio Communications Sites, Not to Exceed $200,000. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The City Radio Communications Systems used by Police, Fire and Public Works utilizes microwave equipment for conductivity between the Police Building, North Repeater fixed two-way radio site, Ag. Water, Police Substation and Fire Station 15. The Microwave system also carries hundreds of City telephone circuits and computer data from IT. The existing microwave equipment has been out of production for twelve years and new parts are unavailable. The existing microwave equipment failure rate is very high, rendering the City radio systems inoperative and interruption of telephone/data service during the outages. Without the new equipment, the communications systems will continue to have interruptions in service. Replacement of the obsolete microwave equipment is needed to restore reliability to the City telephone/data systems. The Communications Division has been phasing in new Harris digital microwave equipment for three years. The microwave systems technologies are proprietary, for integrated compatibility the new systems must support Harris diagnostics and digital format. The microwave diagnostics are built into the existing Harris system and would not be necessary. The cost of maintenance, training and equipment diagnostics from another manufacture would be an additional $80,000 to $100,000. The replacement of the sixteen year old analog microwave equipment located at the North Repeater Site with the new hot standby digital equipment will virtually reduce microwave failures to zero. The new microwave system will up-grade the communication infrastructure to the City's two-way radio systems, provide higher speed data capability to Ag. Water and the new Police/Fire Facility located on Buena Vista. The new digital microwave will also allow an additional wireless data channel to be added to the Police Mobile Data Computer System increasing wide area coverage and system capacity. September 11. 2002. 9:06AM E:'~,DMINFORM.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent ITEM: 8.,'~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building September 4, 2002 AP__PROyED CITY MANAGER//~ A Resolution of the Council of the City of Bakersfield confirming the approval by the City Manager or his designee 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 & 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on September 9, 2002, by the City Manager or his designee 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 owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward t/Councilmember Carson 1. South of 3324 Elda Avenue 2. 5404 Ilene Court 3. 901 Kyner Avenue 4. 3405 Meeks Avenue 5. 3409 Meeks Avenue 6. 3420 Meeks Avenue 7. 811 Melwood Street 8. 3419 Shellmacher Avenue 9. 3604 Shellmacher Avenue 10. 1618 Terrace Way 11. 817 Townsley Avenue 172-122-27 $ 289.00 412-171-10 $ 270.00 412-172-01 $ 295.00 172-123-08 $ 224.00 172-123-09 $ 224.00 172-124-20 $ 520.00 170-141-08 $ 370.00 172-122-15 $ 320.00 172-133-16 $ 745.00 011-112-19 $ 520.00 011-221-42 $ 395.00 ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 12. 1905 Baker Street 013-060-12 $ 790.00 Ward 3/Councilmember MaRqard 13. 3707 L Street 14. Southeast corner 36th & O Streets 120-110-05 $ 320.00 120-181-43 $ 439.00 Ward 7/Councilmember Salvaqclio 15. 1909 Fern Tree Court 405-371-16 $ 243.00 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. SEI8B1.HRG September 4, 2002, 12:43PM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. ko TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Bart J. Thiltgen, City Attorney September 5, 2002 DEPARTMENT HEAD~'-z- CITY A'I'rORNEy~,/~.. Resolution determining that a Street Lamp Microwave Video Surveillance System for use by the Police Department cannot be obtained through the usual bidding procedures and authorize the Finance Director to dispense with bidding therefore, not to exceed $36,000.00. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 9, 2002, Council appropriated $510,476.00 California Multi-jurisdictional Methamphetamine Enforcement Team (CAL-NMET) grant funds for police officers and equipment. One of the equipment items was a streetlight mounted camera system which will cost approximately $36,000.00 of the grant funds. Detection Dynamics provides a patented unit that provides the necessary functions. This patented visual surveillance system would be installed in areas where street level narcotic sales are rampant and conventional police enforcement is ineffective. The camera equipment would allow police to capture criminal activity in progress. The system meets all needs and expectations of the department to accomplish its tasks. Detection dynamics is the only company authorized to sell or make this patented system. ADD:Isc September 6, 2002 11:05AM S:\COUNC L~,dmins\SLMVSurvilSys. PD.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calender ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 5, 2002 APPROVED DEPARTMENT HEAD CITY AT TO R N Y~./.~,,'~--~'--- CITY MANAGER ,~//_~ Surplus Property Resolution declaring real property, located at 515 Truxtun Avenue, surplus to needs of the City. Agreement with the Greater Bakersfield Convention and Visitors Bureau to acquire a portion of 515 Truxtun Avenue at no cost to build a new Convention and Visitors Center and business offices. (Ward 2) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: Currently the Greater Bakersfield Convention and Visitors Bureau (Bureau) leases office space at 1325 "P" Street from the City. This property happens to be within the project boundaries of the proposed Ice Rink/Aquatics Center and needs to be vacated for the project. Further, the City of Bakersfield acknowledges the importance of the activities carded out by the Bureau and desires to assist them in their goal of constructing a new Visitor's Center to better serve the public. The City owns property located at 515 Truxtun Avenue that will be becoming surplus when the Economic and Community Development moves to 900 Truxtun Avenue. The Bureau desires to acquire a portion of the surplus property to construct its' new Visitor's Center and administrative building. To assist them the City will be donating the land and contributing $150,000 of Transient Occupancy Tax to their project. On September 19, 2002, the Bakersfield Planning Commission will be asked to find this transaction consistent with the Metropolitan Bakersfield 2010 General Plan. DMNs September 11,2002, 10:37arn P:WlyFi[es~Admin Reports\CVB admin.wpd ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 TO: FROM: DATE: AGENDA SECTION: Consent Calendar TEM: 8.m. Honorable Mayor and City Council f~ Carroll Hayden, Human Resources Manager DEPARTMENT HEAD September 18, 2002 CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Changes to Salary Schedule and Revised Job Specification a) Amendment No. 5 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Director of Operations - Parks b) Revised Job Specification: Director of Operation - Recreation & Parks to Director of Operations - Parks RECOMMENDATION: Staff recommends approval of the revised job specification and adoption of the resolution. BACKGROUND: The current job classification, Director of Operations - Recreation & Parks, is inappropriately titled as the position works only in the Parks Division. This amendment to the salary resolution and revised job specification is to more clearly portray the actual duties of the incumbent. The revised job specification was approved by the Miscellaneous Civil Service Board at their September 17, 2002 meeting. S:~ADMINRP~Director of Operation - Parks,dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 TO: FROM: DATE: SUBJECT: I AGENDA SECTION: Consent Calendar ITEM: ~,n, / Honorable Mayor and City Council ~,~/ Carroll Hayden, Human Resources Manag PARTMENT HEAD September 18, 2002 CITY ATTORNEY /~_~.,~.~,,~/. CITY MANAGER(,/~:~v Authorization to fill Recreation Superintendent position APPROVED RECOMMENDATION: Staff recommends approval of the Recreation Division filling of Recreation Superintendent position. BACKGROUND: As the Recreation Division has grown considerably in programs and outreach, the necessity to have a Recreation Superintendent has become apparent. Stan Ford, Director of Recreation & Parks has requested the filling of a Recreation Superintendent position. This will be an internal departmental promotion and the FTE for the position vacated by the promotion will be converted to a Recreation Superintendent. The salary cost could range from $5000 to $11,000 depending on the classification of the individual promoted. These costs can be absorbed by the department due to vacant positions. S:~ADMtNRPT~Rec & Parks Reorg.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.0. TO: FROM: DATE: SUBJECT: (1) (2) (3) Honorable Mayor and City Council Raut M. Rojas, Public Works Director August 29, 2002 Tract Maps/Improvement Agreements DEPARTMENT HEAD /~..PROVED CITY ATTORNEY CITY MANAGER Final Map and Improvement Agreement with Castle& Cooke California, Inc. Tract 5430 Phase L located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430 Phase M located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreement with Porter - Robertson Engineering and Surveying Inc., for Tract 5518 Phase 1 located south of Highway 178 and east of Miramonte Drive (Ward 7) RECOMMENDATION: Staff Recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED 1N THE CITY CLERK'S OFFICE FOR REVIEW. td September 3, 2002, 8:34AM G:\GROUPDAT~ADMINRPT~.002\Sep 18\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT IMEETING DATE: September 18, 2002 AGENDA SECTION: Consent ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 30, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement to Indemnify LAFCO to City Annexation No. 429, Proceeding 1321 uninhabited territory located along the north side of Ming Avenue, west of Anita Lane. (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The Local Agency Formation Commission is processing the annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation area consists of 3.87 acres of uninhabited land (population 10 +/-) located along the north side of Ming Avenue, west of Anita Lane. A property owner approached the city and his neighbors to annex to the city. All the property owners have consented to annexation. MO (P:admin~sept\9-18-a429) ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar I TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 22, 2002 APPROVED DEPARTMENT HEAD ~//~ CITY ATrORNEY CITY M AN AGE R~"'~f/,~ Agreement with Bakersfield Association for Retarded Oitizens, a non-profit organization, to purchase five (5) surplus computers from the Oity for $1.00 each for a total of $$.00. RECOMMENDATION: Staff recommends sale of surplus computers. BACKGROUND: * The Finance Director has received a request from the Bakersfield Association for Retarded Citizens to buy five (5) surplus, used computers. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a government entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being "sold as is and with all faults" to remove the City from any potential liability claims. August 29, 2002, 10:22AM PURCHASING DIVISION / DW:ljm P:~ADMIN'~2002 ADMIN\C02_0918_A_Surplus Computers.doc ADMINISTRATIVE REPORT r MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks August 28, 2002 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY //~'_,/~ CITY MANAGER_. Agreement in an amount not to exceed $11,018.00 to conduct After-School Recreation Programs within the Bakersfield City School District RECOMMENDATION: Staff recommends approval of the agreement BACKGROUND: This will be our fifth year of collaboration between the City of Bakersfield and the Bakersfield City 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. This partnership enables the City to conduct enrichment activities and sports p~'ograms 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. In a representative survey completed in 1998 by the Department of Recreation and Parks, 60.8% of respondents were "interested" in after school programs, 37.7% were "very interested", a greater percentage than for any other currently offered recreational program. The agreement details a 50/50 split for the program between the District and the City with each entity paying $11,018.00 for the 2002-03 school year. The one school site to receive an after school program under this agreement is Stella Hills Elementary School. September 10, 2002, 8:24AM S:\SILVERCK~fter Scho01\BCSD ADMIN 02 03 doc ' ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 ITEM: 8.s. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director September 5, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ Agreement with Bakersfield Rescue Mission for $50,500 of Emergency Shelter Grant (ESG) funds to support the essential services and operating costs necessary to continue services at the Bakersfield Rescue Mission, 830 Beale Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This is the seventh year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as, funding preventive programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development and implementation of homeless prevention activities. It has been the Council's practice not to approve operating funds to non-profit agencies requesting assistance. However, with respect to ESG funds the Council has made an exception and allowed the use of these funds for operational purposes. Thus, this agreement does include operational funds to provide essential services for homeless prevention activities. With respect to all other federal entitlements staff will continue to implement Council policy of precluding the use of such funds for operations. As a part of the Fiscal Year 2002~03 budget process, the Council approved, in principle, the funding for Bakersfield Rescue Mission of up to $50,500 for eligible ESG activities. The agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in the table and narratives below: Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial and maintenance services necessary to the on-going operation of the Rescue Mission. No more than $40,240 of the grant will be used to provide these operational activities. S:~Admins\City Council\Rescue Mission ESG 2002-03.doc 9/5/2002 3:49 PM ADMINISTRATIVE REPORT Page 2 Essential Se~/ices: To fund an additional position of case manager. This individual will provide early detection of substance and alcohol abuse by clients, establish a relationship with clients, provide contacts and referrals to various agencies. The total amount of ESG funds expended to meet costs of this essential service shall not exceed $10,260. Essential Services $10,260 Operational Activities $40,240 Total ESG Grant $50,500 All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. S:~Admins\City Council\Rescue Mission ESG 2002-03.doc 915120023:49 PM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.1:. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director September 5, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement with Bethany Services for $50,500 of Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue services at the Bakersfield Homeless Center, 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This is the seventh year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as, funding preventive programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development and implementation of homeless prevention activities. It has been the Council's practice not to approve operating funds to non-profit agencies requesting assistance. However, with respect to ESG funds the Council has made an exception and allowed the use of these funds for operational purposes. Thus, this agreement does include operational funds to provide essential services for homeless prevention activities. With respect to all other federal entitlements staff will continue to implement Council policy of precluding the use of such funds for operations. As a part of the Fiscal Year 2002/03 budget process, the Council approved, in principle, the funding for Bethany Services of up to $50,500 for eligible ESG activities. The agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in the table and narratives below: Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial and maintenance services necessary to the on-going operation of the Center. No more than $50,500 of the grant will be used to provide these operational activities. All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. S:~Adrnins\City Council\BHC ESG 2002-03.doc 9/5/2002 3:51 PM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 11, 2002 APPROVED DEPARTMENT HEAD~ CITY ATTORNE/Y ~ ~ CITYMANAGER/U~? SUBJECT: Approve contract to purchase real property at 900 13th Street with Reynaldo Ruiz and Maria D. Ruiz for $210,000. (Ward 2) RECOMMENDATION: Staff recommends approval of contract. BACKGROUND: The City has been acquiring properties for the proposed Ice Rink/Aquatics Center currently under consideration. The property currently being purchased is an automotive repair business known as Eureka Body Works. The purchase price is a product of negotiations based on an appraisal prepared by Kern Appraisal Company, which was discussed and approved by the City Council in Closed Session on September 4, 2002. Further, the purchase price includes relocation assistance, loss of goodwill, and all claims for compensation arising this transaction. A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services Manager. Also, on November 16, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HE AD//~"~ CiTY ATTORNEY''~ - ~'~'~. September 11, 2002 CITY MANAGER~ Approve contract to purchase real property at 825 14th Street with Arlene K. Hunter for $200,000. (Ward 2) RECOMMENDATION: Staff recommends approval of contract. BACKGROUND: The City has been acquiring properties for the proposed Ice Rink/Aquatics Center currently under consideration. The property currently being purchased is an animal grooming and boarding business known as the Proud Pooch. The purchase price is a product of negotiations based on an appraisal prapared by Karpe, Fisher, Merriman, Inc. which was discussed and approved by the City Council in Closed Session on September 4, 2002. Further, the purchase price includes all claims for compensation by the owner including, but not limited to, relocation benefits and loss of goodwill. Claims for compensation by the tenant will be resolved separately. A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services Manager. Also, on November 16, 200~;-the~planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfiel__d2010 General Plan. ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 26, 2002 DEPARTMENT HEAD ~//~'7ROVED CITY ATTORNEY .,~- ~ CITY MANAGER _ _ . Transportation Impact Fee Agreement with Coleman Homes (credit not to exceed $116,960) for Tract 5932 located at the southwest corner of Calloway Drive and Noriega Road and for Tract 5934 located at the northwest corner of the Kern River Canal and Buena Vista Road (Ward 4). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Coleman Homes, Inc. has constructed a portion of Calloway Drive between Hageman Road and Noriega Road with their Tract 5932 and a portion of Buena Vista Road between the Kern River Canal and River Run Boulevard with their Tract 5934. Of the improvements constructed by Coleman Homes, one south bound lane of both road segments is listed on the Transportation Impact Fee Facilities List. Coleman Homes has requested that the transportation impact fee credit available from these improvements be applied to lots within Tracts 5596 and 5999. The credit available is approximately $116,960. mps September 10, 2002, 7:51AM C:\Documents and Settings\glorenzi.000\Loca[ Settings\Temp\GWViewer~Coleman TIF Credit 5932 and 5934.doc ADMINISTRATIVE REPORT IMEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September 6, 2002 DEPARTMENT HEAD ~PR~OVED. CITY ATTORNEY ~ CITY MANAGER Agreement with URS Corporation for $1,999,867.00 for preparation of the Tier II Environmental Document for the Westside Parkway. (Wards 4 and 5) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: A qualifications based selection process was recently conducted by a committee consisting of City, County, Kern Council of Governments, and Caltrans staff to select a consultant to complete the Tier II environmental document for the Westside Parkway project. Three responses were received and all three firms were interviewed. URS Corporation was unanimously determined by the committee as being the most qualified to complete the Tier II environmental document for the project. In conformance with Federal guidelines, a contract for this work was then negotiated with URS Corporation. Funds for this contract are part of the Federal monies recently allocated by the California Transportation Commission (CTC) for the Westside Parkway project. The CTC allocated $2.7 million for this phase of the project, and these funds were included in the 2002-2003 Capital improvement Program budget recently approved by Council. Caltrans has performed a pre-award audit of URS Corporation and this contract and has found both to be satisfactory. G:\GROUPDATLS-DMINRPT'~2002~Sep 18\Westsidc Parkway Tier l[ Admin Rpt.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8..y. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: September 6, 2002 CITYATI'ORNEY , ~**~ CITY MANAGER SUBJECT: Amendment No. I to Agreement No. 02-178 with Loop Electric to add $28,000 (total contract amount of $78,000) for vehicle loop cutting at various intersections within the City. RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On June 12, 2002 the annual contract for vehicle loop cutting was awarded to Loop Electric for a total compensation clause not to exceed $50,000. At this time, a total of $47,000 of the contract amount has been expended. Due to additional work on street resurfacing projects, an additional $11,000 is now due and payable. Staff estimates that an additional $20,000 is needed for both work in progress and work anticipated within the next 30 days. This annual contract will be sent out for bid in a month. Staff recommends increasing the annual contract amount by $28,000 to cover these costs. No additional appropriation is required since vehicle loop cutting costs are included in budgeted Capital Improvement projects. September 11, 2002, 11:00AM G:\GROUPDAT~DMINRPT~.002\Sep 18\Admin Report Loop Elect Amend.doc ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. z. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September 4, 2002 AppROVED DEPARTMENT HEAD/¢ CITY ATDORNEY ~/ Accept bid to award contract to A-C Electric Company for $148,333 for the Traffic Signal and Lighting installations on Mount Vernon Avenue at Church Avenue and on Mount Vernon Avenue at Panorama Drive. (Ward 3) RECOMMENDATION: Staff recommends acceptance of Iow bid, and award of contract. BACKGROUND: This project consists .of installing traffic signals, lighting systems, and pavement markings at the intersections of Mt Vernon Avenue at Church Avenue and Mt Vernon Avenue at Panorama Drive. The projects are budgeted within the current fiscal year. The signal installation on Mt Vernon at Church is funded with Federal funds covering 88.53% of costs (with a cap of $120,000), and local Gas Tax Funds covering the reminder of costs. The signal installation at Mt. Vernon and Panorama is 100% funded with Transportation Development Funds. On September 28, 2002, three acceptable bids were received as follows: A-C Electric Company 315 30th Street Bakersfield, CA 93301 (City) in the amount of $148,333.00 Summit Electrical Construction 1004 San Jose #101 Clovis, CA 93613 Loop Electric 1516 E. 19th St Bakersfield, CA 93305 (City) in the amount of in the amount of $181,703.00 $189,910.00 September 5, 2002, 9:17AM G:\GROUPDA'RADMINRPT~2002\Sep 18\Signals Admin Rpt.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Dept. August 28, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNE~~ C,TYM^.^GE. Appropriate $54,283 Transient Occupancy Tax fund balance to the Non-Departmental operating budget and authorize payment to the Convention and Visitors Bureau. RECOMMENDATION: Staff recommends approval of appropriation and payment to the Convention and Visitors Bureau. BACKGROUND: On March 20, 2002 the City Council approved agreement No. 02-076 with The Greater Bakersfield Convention and Visitors Bureau (CVB) for the purpose of promoting the City. This contract established the City's commitment to pay the CVB 11% of the Transient Occupancy Tax (T.O.T.) realized by the City for the fiscal year that services are received. Due to the delay in receipting T.O.T. revenues after June 30, the City advanced monthly payments based on budgeted T.O.T. of $5 million with a reconciliation payment to the actual revenues totaling $5,493,486 for 2001-02. Therefore, the CVB is due 11% of $493,486, the difference between budgeted and actual TOT, which equals $54,283. August 28, 2002, 1:28PM S:\KimG\Forms & Lables~Admin~TOTappropCVB.doc ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 6, 2002 APPROVED DEPARTMENT HE~ CITY MANAGER~ California Water Service Company request for an easement at 11000 Kern Canyon Road to provide potable water service to the Mesa Matin ball diamonds. (Ward 3) RECOMMENDATION: Staff recommends approval of grant of easement. BACKGROUND: On March 28, 2002, the City purchased the Mesa Marin ball diamonds. As part of the transaction, the sellers agreed to provide water to the City from the sellers' existing water system that serves the entire Mesa Marin complex with the understanding the City and seller would split the cost of connecting to the California Water Service Company's system when it was economically feasible. Subsequent to the close of escrow it was determined by the City, the sellers, Frank and Virginia Collins, and the owners of the Mesa Marin Raceway that it would be mutually advantageous to connect to the California Water Service Company systems and abandon the existing water system. In order to do this, it will be necessary to grant the California Water Service Company an easement to install a water pipeline to serve the ball diamonds. This change will not cost the City any additional monies in excess of the $35,000 agreed to in Agreement 01-311. The Water Department has been coordinating this project and has reviewed and approved the easement document. DMA/s September 6, 2002, 3:53pm ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar TEM: 8.cc. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager APPROVED September 4, 2002 DEPARTMENTHEAD ~.~:~-~'~. CITY ATTORNEY~ ClTY MANAGER Transfer $25,000 Council Contingency to the General Fund Non-Departmental Operating Budget for a contribution to the North Bakersfield Recreation and Park District for relocation of soccer lights in Liberty Park. RECOMMENDATION: Staff recommends approval. BACKGROUND: At the July 10, 2002 council meeting the City Council approved several conditions related to the lighting at Liberty Park which is operated by the North Bakersfield Recreation and Park District. One of the conditions was for the City to contribute $25,000 to help defray the costs to the Recreation and Park District to comply with the relocation of lights in the park. This is a technical clean-up item which approves the actual transfer of these funds to the proper budget for financial tracking purposes. (jws) September 3, 2002, 11:21 AM S:~JOHNV~TPRO~Liberty Park Lights.doc ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. dd. TO: Honorable Mayor and City Council APPROVED FROM: Eric W. Matlock DEPARTMENT HEAD DATE: September 3, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Transfer $27,000 of California Multi-Jurisdictional Methamphetamine Enforcement Team appropriations in the Police Department Budget in the General Fund to the Public Works Department's Operating Budget in the Equipment Management Fund to purchase a van. RECOMMENDATION: Staff recommends approval of transfer. BACKGROUND: Council has approved appropriations to purchase equipment for the California Multi-Jurisdictional Methamphetamine Enforcement Team (CAL-MMET) with grant funds from the Governor's Office of Criminal Justice Planning. A van is needed and will be utilized to carry lab personnel equipment, such as entry suits, SCBA's, etc., to methamphetamine sites. The purchase has been approved by the County of Kern (administrator of the grant) and the transfer is needed to appropriate the funds into Public Works Department's operating budget. rcu September 3, 2002, 4:07PM CAL MMET.dot ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Hearings ITEM: 9.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack Hardisty, Development Services Director August 27, 2002 DEPARTMENT HE D~~._~_~ CITY A'I-rORNE~/~/~'-~-- . An ordinance amending Chapter 15.04, 15.12, 15.16, 15.28 and 15.32 of the Bakersfield Municipal Code relating to the 2001 California State Codes. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The current Buildings and Construction Code is based on the 1997 editions of the Uniform Codes and the 1996 edition of the National Electrical Code. The 2001 editions of the California Building Codes have been adopted by the state requiring the amendment of the Municipal Code to reflect the adoption. The proposed ordinances repeal the former ordinances in order to adopt the California Building Codes as amended, copies of the proposed ordinances are attached to this report. The Building Department staff has reviewed the provisions of these ordinances with the Building Industry Association of Kern County. Building Department staff has also met with the Kern County Building Department to coordinate consistency in code enforcement and scheduling of joint training for the industry. The only change to the codes was the addition of the requirement to add fiber mesh or 6x6 10-10 wire mesh in the floor slabs due to local soil conditions. aw September 11, 2002, 10:38AM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Hearings ITEM: 9. b. TO: Honorable Mayor and City Council APP. ROVED FROM: Raul M. Rojas, Public Works Director D E P~T~MAET~r~/~~--, DATE: September 4, 2002 . CITY MANAGER SUBJECT: Protest Hearing for proposed Assessment District No. 02-1 (AD 02-1, Avalon/Belsera/Montara/TheWoods): Wa~'d 4 1. Resolution Approving Final Engineer's Report, Levying Assessments Ordering Improvements, and Authorizing and Directing Related Actions. 2. Resolution Determining Assessments Remaining Unpaid. 3. Resolution Authorizing Issuance of Bonds. RECOMMENDATION: Staff recommends overriding the protests and adopting Resolutions. BACKGROUND: On July 31, 2002, Council approved the Preliminary Engineer's Report and scheduled the hearing for September 18, 2002. Following the close of the hearing, adoption of these resolutions will approve the Final Engineer's Report, levy the assessments, order the public improvements, and provide for the cash payment period for property owners wishing to pay all or any part of their respective assessments in cash, without interest. Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners (Probuilt, Centex and FSI) of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement and Bond Purchase Contract at the October 2, 2002 Council meeting. The Final Engineer's Report is on file in the City Clerk's Office. September 4, 2002, 11:58AM G: \GROUPDAT\ADMINRPT\ 2002 \ Sep 18 \ad02-1hrg. dot JAS ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 IAGENDA SECTION: Hearings ITEM NO: 9.c. TO: FROM: DATE: Honorable Mayor and City Council Development Services ~ Planning September 5, 2002 DEPARTMENT HEA~ CITY ATFORNEY~~ CITY MANAGER SUBJECT: Appeal by Stier's Leisure Vehicles, Inc. of the Board of Zoning Adjustment's approval of a Conditional Use Permit (No. 02-660) to allow a recreational vehicle sales and service center within and adjacent to an existing 102,492 square foot vacant home improvement building in a C-2 zone district at 6801 Colony Street. (Ward 7). RECOMMENDATION: Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment. BACKGROUND: The property contains a vacant 102,492 square foot building with parking, landscaping and related improvements that was previously occupied by a home improvement store (Home Base/House 2 Home). This business ceased over a year ago as the company went bankrupt. The applicant is proposing to occupy the building and portion of the parking area for use as a recreational vehicle sales and service facility (refer to the attached BZA staff report for additional specifics of the proposal). The BZA approved the conditional use permit (CUP) on August 13, 2002 finding that the use was consistent with city policies and ordinances. The use would also be an asset to the area occupying a vacant building along the highly visible Highway 99 corridor. No one spoke in opposition to the proposal and the applicant was in agreement with the conditions placed on the approval. The appellant identifies two issues concerning the approval of the CUP. The first being that the application is invalid because it was not signed by the property owner, and the second being that the use will cause closure of a competing business within the auto mall causing blight to the area. Staff notes that the appellant did not raise these concerns at the BZA's meeting as no one spoke in opposition to this matter. In response to the application not being signed by the property owner, staff acknowledges that the property is within bankruptcy proceedings making it difficult to obtain any signatures. However, in working with the potential buyers, the application was allowed to be accepted provided they (the applicant) sent a letter to the current owner of record that an application was being processed (a ADMINISTRATIVE REPORT copy of this letter is attached). Since a CUP is only a land use entitlement, if either the owner or bankruptcy holding objected, they could elect to not exercise the rights granted or could have sent notice to the city requesting the application be withdrawn. The city also sent notice to these entitles of the public hearing before the BZA which gave them another opportunity of being informed. However, no comments were received. The second issue concerning protection of an existing business from competition from a new business is not a standard in the ordinance to be used in reviewing proposed new businesses. The recent activity of new automobile dealerships in the auto mall shows the city is committed to new businesses in the area. The approval of this RV dealership will only enhance these businesses as it will provide more opportunities and selections of memhandise, and enables the city to fill a vacant building with a viable business. The appellant has not provided any factual basis that the approval of this CUP will result in other business failures or that it is contrary to the goals and objectives of the city's land use policies~ Therefore, the BZA's decision is recommended to be upheld and the appeal denied. September 5, 2002, 4:15PM P:~Administrative Repot1 CUP 02-660. c~c ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Reports ITEM: ].0.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager September 9, 2002 APPROVED DEPARTMENT HEAD CITY A'FI'ORNEY ~-~ ' City Manager Report No. 4-02 regarding the $2 Million for Southeast Bakersfield Projects RECOMMENDATION: Staff recommends the following: 1) That actions necessary to begin the streetscape of Lakeview Avenue from California Avenue to Virginia Street be initiated immediately; and 2) That staff initiate adjustments in the Section 108 and Block Grant Budgets to implement the list of projects continued in the attached list of recommendations. It should be specifically noted that the Section 108 projects will not occur until that grant is approved and received. BACKGROUND: On March 28, 2001, the City Council unanimously voted to reserve $1.0 million in Housing and Community Development Block Grant monies for projects in Southeast Bakersfield. On June 12, 2002, the City Council approved a federal Section 108 Loan application that, among other projects, requested an additional $1.0 million for Southeast Bakersfield projects. The public facilities portion of that loan is being processed by the Department of Housing and Urban Development. While we have every reason to believe it will be approved, as of this date, it is not. The hoped for approval period is the winter, but specific project identification will be necessary for the Southeast special projects categories before HUD will complete that portion of the application process. Staff believes that planning for its use is essential with the reminder that we do not yet have it. The $1.0 million reserved by City Council to date are prior years Housing and Community Development Block Grant monies and carry with them all of the restrictions associated with their use in addition to required environmental review and related documentation always associated with that source. We note these restrictions are complicated. Some community-based suggestions are not eligible. Interest can only be earned by the federal government, not the City. The list of such restrictions is far too long to recite here. The 108 monies, which effectively work as block grant funds, also carry the same use, environmental and Adl Page1 S:~Adrnin Rpts~002~2rnil SE BAK 09/18/02.doc 9/10/2002:10:09 AM ADMINISTRATIVE REPORT related restrictions. We note, however, that certain rules are more restrictive for the 108 monies than for the block grant. For example, 15% of regular block grant funds can be used for public services, such as fair housing, the Bakersfield Senior Center, etc. Public services are not an eligible use with 108 monies. Generally, the block grant and 108 funds are designed to be used to clear blight, create jobs, and improve the economic vitality and conditions in Iow-income neighborhoods. Past Planninq and Proiect Identification We, of course, have many years of receiving more requests and ideas for the use of block grant funds than we have funds in the annual budget. Among the other soumes of input are community meetings, applications from City departments and from Community Service organizations, as well as public hearings before the City Council. A study of development opportunities has also been done by a consulting firm named Applied Economics. We have also had suggestions emanate from the Southeast PAC, and from neighborhood calls and suggestions. We also funded and carried out an intensive planning process through the Southeast Charette held in April, with the final document being released August 12th. The City continues to be open to input and, in fact, public input processes are required as a matter of law in regard to the block grant. On Tuesday, September 10th, a neighborhood meeting was held at the Martin Luther King, Jr. Center to disseminate information and take public comment on the subject of the $2.0 million. The City Council is also highly desirous of public input as a matter of longstanding policy. Relationship to Other Activities There are many good things happening in Southeast Bakersfield at the present time. A new list of projects should build on the positive momentum of the supermarkets at Union and California Avenues, Brundage and Chester Lanes, the apartments / commercial development at Union Avenue and 4th Street, housing projects at 1119 California Avenue, 710 Brundage Lane, the Senior Center and the new Police Substation, among others. Suqqested Uses Because the Southeast Charette was a broad-based, time-consuming community effort, we are following the pattern of their focus groups to discuss proposed projects. The Charette identified far more needs and goals than $2.0 million will fund, so we have extracted ideas based on eligibility, City functions (some ideas fall to other governments), impact, and our ability to carry them out in a timely way: Focus Groups (Multiple) - Job Creation, Service Provision, Economic Revitalization o Proiect Allocation $795,695 o Prelect Description · Funds would be used to provide incentives to the private sector for investment on California Avenue, Lakeview, Brundage and Union are proposed. Several Adl Page ? S:',Admin Rpts~002~2mil SE BAk 091802.dot 9/10/2002 10:12 AM ADMINISTRATIVE REPORT development opportunity sites have been identified within those corridors. See Appendix A, attached. Staff will seek out interested developers, both in and out of town. The development locations are on streets that either have had, or will have, their business environment improved by sidewalks, lighting, and streetscape improvements, which should foster a better atmosphere to spur private investment. Every effort would be made to expedite this process so continuity in progress would occur. Note: Because Senate Bill 975 triggers the requirement for prevailing wage on these types of projects, costs go up and more subsidy is typically required for these types of projects. Under those conditions, a very limited number of projects can be assisted from the budget amount. Focus Group 3 - Lakeview Avenue, from California Avenue to Virqinia Street o Proposed Allocation $259.185 o Project Description In connection with the street name change to Martin Luther King Boulevard, do a streetscape that includes a center median with landscaping, character lighting with distinctive banners, sidewalk repairs, and features such as improved bus benches. Every effort would be made to get as much of the project done as possible by the time the street is renamed. We note, however, compliance with federal regulations is time consuming and cumbersome. Giving the renamed street a new and distinctive appearance should, in the long run, help redevelopment and the viability of the business community. Alternate - expansion to include area from Virginia Street to the railroad tracks near Brundage lane. This would add $295,185 to the cost, which could come from reducing the amount dedicated to economic development incentives. Focus Group 5 - California Avenue, from Washinqton Avenue Railroad tracks to Baker Street, and Focus Group 6 - California Avenue, from Baker Street to Chester Avenue o Proposed Allocation $385.688 * o Project Description Traffic counts on California Avenue are solid, and development opportunities, along with job creation, has potential through this area. This project would improve the business environment by adding lighting where it is missing, replacing broken or missing sidewalk, and by continuing the existing streetscape improvements so they link up continuously from their current street termination point until they connect to the new streetscape on Lakeview and down to Washington Street. * Note: Some of the California Avenue Streetscape improvements are already funded from another source in the amount of $207,020. Adl Page 3 S:~Admin Rpts~2002~2mil SE BAk 091802.dot 9/10/2002 10:12 AM ADMINISTRATIVE REPORT Types of businesses to be encouraged could include restaurants, entertainment, personal services such as beauty salons, laundromats, cleaners, clothing, banking, and others suitable for the traffic counts and service areas involved. These would supplement the ice rink and aquatic complex being built by the City, as well as the new senior housing project south of California Avenue. Focus Group 7 - Union Avenue, from California Avenue to Belle Terrace o Prooosed Allocation $57,200 o Proiect Description This area already has the new grocery store and an apartment complex / commercial center underway. It is streetscaped and most of it is well lit. Other development opportunities have been identified on sites located at the demolished Turner Motel site and the former Shell Station at Brundage and Union. Traffic counts and population densities, along with the progress noted above, may induce further development opportunities. A small allocation of $57,200 is proposed for lighting of some of the areas where it is currently inadequate. Focus Group 9 - Brundaqe Lane, from Chester Avenue to Union Avenue. o Proiect Allocation $302,232 o Proiect Descriotion Again, a key commercial street, with some positives already occurring with the development of a new community Church, 78 new affordable family apartments, two fast food restaurants and a proposed full service grocery store construction already underway. To induce further businesses / employers to come, sidewalk repair, enhanced lighting and partial streetscape is proposed. Focus Group 1 - Bakersfield Airpark o Project Allocation - To come from development incentive referenced above, (see first item) if a developer can be found. o Proiect Description The Airpark restaurant burned down, removing a community amenity. An economic analysis shows it is unproductive for the City to rebuild. Nonetheless, we propose to provide incentives for the project for private redevelopment and to actively seek out a private sector group to restore the amenity. Staff cautions that past economics will make this difficult, but a sincere effort will be made. Adl Page 4 S:~Adrnln Rpts~2002~2rnil SE BAk 091802.dot 9/10/2002 10:12 AM ADMINISTRATIVE REPORT Focus Grouos 5 and 3 - Job Traininq / Redevelopment / Service Provision o Proiect Allocation $200.000 o Project Description The Housing Authority owns a 2.7 acre pamel on California Avenue and Owens Street. They have previously prepared a Market Research and Development Feasibility Study for that parcel. The possibilities of a job training center, daycare facility, and legal or medical services were identified. The center could also provide other desired neighborhood commercial venues, such as a beauty/nail salon and several small restaurants. This proposal would combine the $200,000 with the housing authority land in an effort to put together the training facility and other related services on this site. They have envisioned a $3 million development and a multi-agency approach with broad-based participation would be necessary since the City does not provide training or daycare services. Bud(aet Summary Incentives to Business / Job Creation Lakeview Avenue - Union Avenue, Brundage Lane & California Avenue $ 795,695 Lakeview Avenue - sidewalks, lighting, decorative banners $ 259,185 California Avenue - sidewalks, lighting, streetscape $ 385,688 Union Avenue - lighting $ 57,200 Brundage Lane - sidewalks, lighting, streetscape $ 302,232 Airpark - Restaurant Incentive From "Incentives to Business," above Training / DaYcare Center $ 200,000 TOTAL $2,000,000 Summary The proposed project list creates economic and employment opportunities, and improves the safety and environment of several key commercial corridors. These improvements, coupled with the long list of current improvements, can continue positive progress. Adl Page 5 S:~Admin Rpts~2002~2.rnil SE BAk 091802.dot 9/10/2002 10:12 AM ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: 'Reports ITEM: 10.b. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 9, 2002 CITY A'n'ORNEY Urban Development Committee Report No. 2-02cITY MANAGER Space Needs and City Hall Alternatives SUBJECT: RECOMMENDATION: The Urban DevelopmentCommittee recommends staff pursue a detailed exploration of the purchase of an existing building in accordance with the criteria outlined, including refinement of costs, phasing, integration with other City facilities, a financing plan and related work. BACKGROUND: At the Urban Development Committee meeting of July 15th, it was requested that a broad-based summary be done of the major alternates that have been discussed to date for City Hall. Also requested was criteria to be used in the process of deciding what existing buildings might be considered if the "buy an existing building alternate" was considered. Councilmember Benham also requested that master planning be incorporated in the process. A memorandum was presented to the Urban Development Committee which addressed these issues and included the following information. Part I - Ranqe of Alternatives Considered $100.000,000 to $110.000.000 This contained several variations. All were building a single complex (or two, with one for Police) that would meet long-term growth needs. Some included building on the current site with a two to three year temporary relocation. Some included building north of the County Administrative building. Variations had Police at one location and City Hall at another. Ballpark cost estimates on these alternates run $10 million to $11 million a year for 20 years to retire the debt service. That would be equivalent to not adding new positions in the City for four years. B) $50,000,000 - $60,000,000 for Central Park This alternate avoided most land costs, temporary relocation costs and moving costs by building a large new complex for all operations except Police in Central Park. The park land would be replaced. This alternate is further from the core of downtown, but would spur redevelopment of that area. adl S:~Admin RPTS~2002~Space Needs 091802.doc 9/10/2002:10:53 AM Page 1 of 4 ADMINISTRATIVE REPORT Ballpark costs estimates on this are $5 million to $6 million a year in debt service, or the equivalent of two years without staff increases. C) $10.000.000 - Purchase of an existinq buildinq This alternate examined the issue in terms of using the Borton, Petrini Building as an example. As the process evolves, other buildings will be considered. Although only a ten-year plan, the additional acquisition of a land pad for a second tower "down the road" can make this alternate work for the long-term. Ballpark of costs on this is $10,000,000. If that were a 20-year debt service, it would be around $1.0 million per year. At that level of total cost however, we have the capacity to do it through a combination of cash and interfund loans - keeping the true cost to around the $10 million without doubling it to cover interest costs. On that basis, the payment would come from deferring other capital improvements - no significant long-term negative impact on the General Fund would occur. Part II - Criteria to be used in Reviewinq Buildinq Alternatives A) Locations This alternate requires that basic City facilities continue to be served in the current City Hall, Annex building (Public Works) and the Development Services Building. In order to not run the public all over town when they are seeking City services and to keep departments in reasonably close proximity, a new building needs to be in close proximity to the other City buildings. Generally - the closer, the better. For evaluation purposes, we can go out to 1,000 feet or 3+ Cit~ blocks. It should be recognized however, that the closer, the better for public convenience and efficiency. Locations across the railroad tracks and future Centennial Corridor would be unsuitable for access. B) Availability If it is not available to the City, it does not matter. C) Suitability for City Offices A warehouse or building designed for purposes other than office space which must be remodeled, or a building that is well along in its useful life would not serve the City's needs. Thus, the age of structure, cost to convert, and in the end, how well it serves the public are key factors. D) Parkinq Needs for both employees and the public are substantial and must be available either from existing facilities or those acquired with the building. Cost In this case, cost of purchase, remodel, parking - the complete package. In most c~_ses, this will only be possible to establish later in the process - when finalists are identified and negotiations actually occur. F) Size To be a ten-year plan, nothing less than 40,000 square feet should be considered. adl S:~Admin Rpts~2002\Space Needs 091802.dot 9/10/2002 10:54 AM Page 2 of 4 ADMINISTRATIVE REPORT G) Lonq Term Is there, in connection with the building, a means to make the plan last longer than ten years - a vacant parcel where a second tower could be built, or another building nearby, for example? A matrix of existing buildings and, to the extent information is known, how they fit the above criteria follows: Buildln¢l Availability Location / Suitability Parklnq Cost Size Lonq-Term Distance Option to City Hall Washington Yes 300 feet + Good Good To be 40,000 Very Good Mutual 155 determined sq. ft. spaces Borton, Potentially 250 feet _+ Very Good Good To be 50,000 Very Good Petrini 134 determined sq. ft. spaces Bank of Not on the 300 feet _+ Good Excellent To be 115,000 America market -Fully 362 determined sq. ft. leased spaces N/A Great Yes 600 feet _+ Fair Fair for To be 70,000 None Western building determined sq. ft. size 133 spaces Haberfelde Potentially 450 feet _+ Fair Poor To be 70,000 None 35 determined sq. ft. spaces Evaluation of Criteria Washin(]ton Mutual is available, close, suitable, and has parking. It merits further consideration. Borton, Petrini is potentially available, close, suitable, and has parking. It merits further consideration. Bank of America is very large, double the square footage we are looking for, is not on the market, and is fully leased. Therefore, it merits no additional consideration. Great Western. is a fine building, but is a considerable distance and would need major changes and remodel. Staff recommends it be dropped from further consideration. Haberfelde is a fine building and is fairly close, but would need significant change and remodel, and has inadequate parking for our needs. It is recommended to be dropped from further consideration. adl S:'~,dmin Rpts~002\Space Needs 091802.dot 9/10/2002 10:54 AM Page 3 of 4 ADMINISTRATIVE REPORT Part III - Comprehensive Plan The terminology "Comprehensive Plan" means different things to different people. To some, it may mean that all operations, growth rates and potential charges have been looked at long-term when deciding on a course of action. In this case, we believe'we are trying to do just that. The $10 million option is shorter term than the $100 million option, but an effort is being made to extend the term of the plan to 20 to 30 years. All departments are involved and various options are being reviewed. To others, a comprehensive plan may mean a broad-based guide to how all functions within an area fit, how redevelopment efforts are accounted for, whether support services, such as food service are in the proximity, and relationship of streets, utilities, etc. to such facilities. We believe we have considered the various alternates in accordance with the General Plan - at least as well as the alternates are defined today, and that effort will continue as refinements and alternate selections occur. Finally, some use "comprehensive plan" as a control mechanism. A governmental decree that a very specific use will be the one use allowed on a certain parcel, for example. While the City of Bakersfield has good quality planning and development standards, such control mechanisms are not in keeping with our downtown economy or its community philosophy. Unless there is huge demand, such controls restrict progress, they do not encourage it. Recommendation The Urban Development Committee reviewed this information at the September 9th meeting and discussed the various alternatives. The Committee discussed that the Central Park alternate should no longer be given consideration due to the distance criteria. The Committee concurred with the recommendation presented in the City Manager's report for staff to pursue detailed exploration of the purchase of an existing building in accordance with the criteria outlined, including refinement of costs, phasing, integration with other City facilities, a financing plan and related work. They also requested that staff explore open space possibilities and redevelopment opportunities as part of this further review. adl S:\Admin Rpts~2002\Space Needs 091802,dot 9/10/2002 10:54 AM Page 4 of 4 ADMINISTRATIVE REPORT MEETING DATE: September 18, 2002 AGENDA SECTION: Deferred Business ITEM: lt.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager September 12, 2002 Aquatic Facility - Pool Sizing Issue APPROVED DEPARTMENT HEAD CITY ATrORNEY ~,,/~.~~ CITY MANAGER ~ /// / RECOMMENDATION: Staff recommends building a top quality zero entry pool. Alternately, if the 25 yard competitive pool represents a reasonable balance between competitive and recreationa~ use, and the Council is willing to bear the extra cost, that is also a quality proposal. BACKGROUND: At the regular City Council meeting of September 4, 2002, decisions were reached to proceed immediately with the ice rink and to move money from two sources, so that the budget for the multi-use or lowest cost version of three alternates for the size of the pool was fully funded. Since the last Council meeting, additional work has been done by the architects and staff has been gathering more information and detail. The amhitects have come up with new plans that improve the lay outs for either the 25 yard or Olympic pools. It should be noted, however, that the new lay out for the Olympic pool, while improving access, entry and the '~valk around" issue, has the 50 meter swimming going in the wrong direction. Should Council select the 25 yard alternate, funding sources to cover the $579,920 in additional costs are recommended to come from a terminated CBDG storm drain project ($80,713), Council Contingency ($99,205) and a reduction in project contingency ($400,000). The staff recommendation has changed in an effort to strike a reasonable balance between competitive and recreational swimming and provide an alternate, and because it maximizes the uses of the new facility without over burdening the property with just too much on too small a lot. Staff would still like to have participation from the Kern High School District on this project for the 25 yard version. To date, they have only made an offer on an Olympic pool. That offer, however, is proposed to be a credit against future rent. We propose, on the 25 yard pool, to either charge the appropriate rent or to negotiate with them on a cash payment that might cover future rent. At your last session, Councilmembers had a broad based discussion of issues surrounding the 25 yard or 50 meter (Olympic version) of the facility. Several questions were raised at that time or have since been raised. An attempt to answer them follows: September 13, 2002, 2:08PM Aquatic-Size ADMINISTRATIVE REPORT Page 2 1. What is the status of the Kern High School District's participation? Staff had met with the finance officer and superintendent prior to the September 4th meeting and had conveyed the opinion to you they gave us in mid-August. Based on a request for $1 million, they could not get us a decision until after a school bond referendum in November. After that meeting, they decided that, at a contribution level of $350,000 for an Olympic pool, they could make a prompt decision to participate. We believe, based on a meeting held on September 6th with Councilmember Maggard, the District, and me, that they will make that Offer contingent on five years of advance rent free use of the pool, with scheduling priority for their needed dates. As of this writing, they have sent us the agreement they have with Bakersfield College. We understand they are making the same proposal to us. Terms may be somewhat subject to negotiation and validation by the School Board, but the offer seems valid. a) It needs to be noted that the offer is contingent on Olympic size only. That adds $1,024,870 million to our base program costs and $644,950 to the 25 yard alternate, or high school level competitive water. The cost of the condition exceeds the value of the contribution! Please note that staff originally asked for $1.0 million - closer to the real value of the condition. b) The _+$220,000 a year for increased maintenance cost for the Olympic is not addressed in the district's offer. In fact1 since it appears they will ask for five years without rent, in consideration for their contribution, the City will lose money on operation and maintenance costs by acceptinq their donation. Their season is January to May. We would normally shut our pools down and bear no expense. The majority of the _+$220,000 per year will be incurred during that time. The operation and maintenance costs will go on forever! At a 40 year life expectancy, without inflation, that is $8,800,000. Please note that the offer of the District is made based on the agreement they reached with Bakersfield College. The college would warm and use the water from January to May for their own purposes. For them to accept the District's contribution is an asset. They will already pay to heat it. Our reality is different. We would shut it down, so the expenses should be borne by rent. We estimate we could lose $250,000, or more, over the five year term by accepting their proposal. Again, we appreciate the District's gesture of partnership. However, it unfortunately does not fit well with the fiscal realities of the City. We recommend that after a Council decision, we continue to negotiate with the District, as noted above, if the 25 yard alternate is selected. We have asked the District some follow up questions which are open as of this writing. For the Olympic pool, can space be gained to restore lost landscaping, room for bleachers, etc., by expanding the site onto or across O Street in the parking lot? Yes, but with a substantial cost, as follows: a) Utility relocation: $200,000 b) Added cost of a traffic signal needed, because the Centennial Garden parking lot loses one of three entry/exit points: $130,000, or alternately, the loss of 41 to 47 Garden parking spaces if three entry points are to be maintained. September 13, 2002, 2:07PM Aquatic-Size ADMINISTRATIVE REPORT Page 3 Funding sources for these costs is unknown at this time. The expansion of the space consumed by this change would also increase project costs with more total area of concrete, or adding back landscaping, etc. The architect is working on that estimate as of this writing. Due to costs, expansion on to or over O Street is not recommended. For the Olympic version can a second entrance be set up for the public swimmers to avoid the long walk around the deep water for the toddlers, non-swimmers, etc.? The answer is that it can not be done economically or practically. It takes three people to staff a gate, thus creating higher costs. Perhaps more importantly, the showers / locker bath house are at one location, thus the same walk anyway. A second set of showers / lockers would be very costly. 4. Will the new Christian high school be building an Olympic sized pool? It is in their plans to do an Olympic pool similar to Cai State's. They are interested in a partnership to help finance it. An alternate for an Olympic pool might be for either the City or the High School District to partner with them, rather then to buitd it behind Centennial Garden now. They appear to be very determined. The date of possible construction is not certain, depending on fundraising and partnerships. A brochure is enclosed. 5. Can the Olympic pool be reconfigured to avoid the walk around problem referenced in #3 above? Competitive swimming, done the right way, goes north to south. The pool can be turned, so that the Olympic length is east to west and the 25 yard length is north to south. That can correct the "waJk around" problem. Purists of a true competitive swim would consider it to be a lesser quality - a "too bad they didn't do it right~' kind of thing. Our Recreation and Parks Director thinks it's pretty minor, but please be advised that it's not according to the "book". That new design, while technically flawed, makes the "walk around" problem better and reduces the need to expand onto O Street. It does not, however, resolve problems with landscaping or total available space. What are the costs associated with making it an Olympic (10 meter) diving facility? What if only the water is deepened at this time and the platforms, etc. are installed later? $100,000 to deepen; another $300,000 for the platform, if installed. Due to cost and liability concerns, staff does not recommend this alternate. On the Olympic version, how much room is in the present design for bleachers, and what are the costs? Based on the architect's revision, seating for about 500 can be provided. The cost is $60,000. 8. What are the architectural ways, including costs, to get shade? (This is for the Olympic version where shade is reduced due to added concrete and water surface.) A fabric roof can be installed over the bleachers. The cost is $100,000 for 500 seats. September 13, 2002, 2:07PM Aquatic-Size ADMINISTRATIVE REPORT Page 4 9. What other new information has come in? Storage requirements for an Olympic pool are massive. At the Council meeting, pictures of Cai State will be shown. They have a large storage building, but still the pool decks and most open areas are covered with material. Such a storage building is not in our program, and space is not available. The issue of who would pay for some of the specialty equipment for competitive swimming - score board, touch pads, and related, has not yet been addressed. 10. What is the revised budget status, given Council comments made on the proposed budget at the of Se temb th meeting p er 4 , as well as the questions above? Given the decisions made by the Council on September 4th, the current status of the alternates is: a) fully funded $ 579,920 short $ 644,950 short, in addition to $579,920 Alternate 1: Alternate 2: Alternate 3: b) Multi-Use Recreation Park 25 Yard Pool Olympic Pool Since individual councilmembers spoke on recommended funding sources without group consensus, it is unclear what "consensus" is. As we understand the comments, the sources and those questioned by individual councilmembers follow: Fundinq Source Terminated CBDG Storm Drain Project Council Contingency Pool Size 25 yard $ 80,715 $ 99,205 Reduction in Project Contingency $400,000 Postpone Highway 58 Postpone Northeast Fire Station Reserve ....... Postpone Jastro Park Booster Pump ....... Postpone Fire Warehouse ....... Further reduce frozen funds, leaving only $20,000 for KEDC, $11,700 for Natl. League ....... Subtotal 50 meter Councilmembers expressing concern $ 80,715 No 286,888 Perhaps General Fund, but modest amount 400,000 No 70,000 No 100,000 Yes 51,900 No 30,000 Yes $ 99,205 (In possible question) 43,375 Unclear-effectively cuts any potential for Stramler Park $ 460,255 (In possible question) September 13, 2002, 2:07PM Aquatic-Size ADMINISTRATIVE REPORT Page 5 c) Added potential costs on the Olympic version could include: (i) (ii) Move it onto O Street: Olympic diving with platform: or Deepen for future Olympic diving: (no platform at this time) $430,000, plus added constru~ion costs $4OO,OOO $100,000 (iii) Bleachers for 500 seats $ 60,000 (iv) Architectural shade $100,000 Note: The work done to assemble this paper was substantial and was done with tight time constraints. It is as accurate as possible, but given time available, the numbers are still subject to refinement. rks September 13, 2002, 2:10PM Aquatic-Size