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HomeMy WebLinkAbout10/02/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF OCTOBER 2, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. (35 min) PREMEETING 1. ROLLCALL 2. WORKSHOP California High Speed Rail System (Presentation by Ron Diridon, California High Speed Rail Authority) 3. CLOSED SESSION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property 711 Lake Street, Bakersfield, California; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Khamphou Siripane; Under Negotiation: Price and terms of payment for purchase. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: 713 Lake Street, Bakersfield, California; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Connie Pedebold; Under Negotiation: Price and terms of payment for purchase. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: 1020 and 1030 King Street, Bakersfield, California, 93305; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Jose Navarre; Under Negotiation: Price and terms of payment for purchase. REGULAR MEETING 1. INVOCATION by Major James K. Rodal, Salvation Army ARC. PLEDGE OF ALLEGIANCE by Brysun Castro, 7th grade student, Chipman Junior High School. 3. ROLLCALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS ONard 7) 0Nard 3) t'VVard 2) 0Nard 4) (Ward 4) Presentation by Mayor Hall of Certificates to the BASA Girls Softball League National Champions. PUBLIC STATEMENTS APPOINTMENTS CONSENT CALENDAR Minutes: September 9, 2002 Joint City/County Meeting and September 18, 2002 Regular Council Meeting. Payments: Payments from September 6, to September 19, 2002 in the amount of $8,620,583.43; and Self Insurance payments from September 6, to September 19, 2002 in the amount of $202,786.59. Ordinances: Adoption of an ordinance amending Chapter 15.04, 15.12, 15.16, 15.28 and 15.32 of the Bakersfield Municipal Code relating to the Buildings and Construction Code. (First reading 9-18-02) Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 102-23) of Title Seventeen 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) (First reading 9-18-02) Resolutions: Resolution of Intention No. 1281 ordering the vacation of the public access road (Co. Rd. No. 1949) between Church Avenue and the Kern County Communication Facility. Resolution of Intention No. 1282 ordering the vacation of the alley located at 1716 Owens Street on the west side of Owens Street Southerly of State Freeway 178. Resolution ordering the summary vacation of the superseded portion of Patrick Henry Drive at the northwest corner of Liberty High School. Resolution adopting the Site Plan Review (File #02-0653) for the construction of a 112 unit one and two-story apartment complex (24 one bedroom, 72 two bedroom, and 16 three bedroom units) on a 6.43+ acre site, within an R-2/PUD zone district at 3900 Rivedakes Drive. 2 0Nards 4, 5) (Ward 4) 0Nard 4) (VVard 3) CONSENT CALENDAR continued Resolution dedicating public street right of way for Ming Avenue and River Run Boulevard over the 20 foot wide strip of City property adjacent to the northerly side of the Kern River Canal. Resolution dedicating right of way for Buena Vista Road north of Stockdale Highway. Resolution approving Form and Substance of Preliminary Official Statement and Bond Purchase Contract for Assessment District No. 02-1, Avalon/Belsera/Montara/The Woods. i. Reclassification, Revised Job Specifications and change to Salary Schedule: Reclassify Director of Environmental Services to Director of Fire Prevention/Environmental Services 2. Revised Job Specification: Director of Fire Prevention/Environmental Services 3. Revise Job Specification: Hazardous Materials Specialist Amendment No. 6 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 Fire Prevention/Environmental Services. Amendment No. 3 to Resolution No. 046-02 approving Memorandum of Understanding for Employees of the Blue and White Collar Units and adopting Salary Schedule and Related Benefits for Hazardous Materials Specialist and Public/Fire Safety Education Specialist. Agreements: Agreement with Guatemalan National Police Department, a non-profit organization, to purchase surplus police safety equipment from the City for a total of $1.00. Agreement with Donald L. Schuite to lease City owned real property for farming operations located at the northeast corner of Cottonwood Road and Hosking Avenue for an initial term of 3 years with I year extensions subject to City approval. 3 8. CONSENT CALENDAR continued (~Nard 4) (Ward 1) (Ward 2) (VVard 3) (Ward 1) Agreement with the City of Maricopa, $39,650 for assignment of Regional Surface Transportation Program funds (RSTP) funds. Transfer $39,650 of appropriations from the Streets Division Operating Budget to the Capital mprovement ~jl~dget within the Gas Tax Fund. Consultant Agreement with Maurice Etchechury, $45,000 for project management services for Friant-Kern Canal Relocation within intersection of Olive Drive and Calloway Road. Agreement with Muxlow Construction, not to exceed $77,000 to provide handicapped accessibility improvement services to qualified Iow-income residents in privately owned structures. Settlement Agreement between City, RiverLakes Investment Co., Kyle Carter Homes and Coleman Homes. Amendment No. 1 to Agreement No. 02-042 with Bakersfield Senior Center for $77,000 in additional HOME Investment Partnership (HOME) - Community Housing Development Organization (CHDO) funds to complete clearance, demolition, and relocation for an eighty unit Senior Housing Project located at R and 5th Streets. t. Design of North Chester Avenue Bridge: Amendment No. 3 to Agreement No. 97-346 with W. Koo & Associates, Inc. to increase compensation to consultant by $28,240 (total contract amount of $781,274) for the design of North Chester Avenue Bridge - Southbound. Appropriate $4,000 State funds to the Gas Tax Fund Capital Improvement Budget. Bids: Accept bid of and award contract to Gantry Constructors, Inc. for the $579,562 for the Northeast Bakersfield Water Supply Reservoir Phase 2 - Liner Installation for the Water Resources Department. Accept bid to award contract to Irwin Excavation, $30,000 for demolition of improvements for the Bakersfield Senior Housing Project Center. w. Accept bid from FS3, $25,463.83 for fire hose. Accept bid to award annual contract to Oscar Hargis and Son, not to exceed $170,000 for hauling and spreading dried Biosolids at the wastewater treatment plants. 4 8. CONSENT CALENDAR continued (Wards 1,2) Miscellaneous: y. City positions on League of California Cities Resolutions. Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 11 (FY 98/99), Amendment No. 5 (FY 01/02, and Amendment No. 1 (FY 02/03). aa. Appropriate $1.2 million CHFA loan, $434,177.56 Kern County Superintendent of Schools note proceeds and $315,000 fund balance to the Redevelopment Agency Downtown Project Area, Capital Improvement budget for the acquisition of approximately 7 acres located at 21st and R Streets for the Central Park Cottages Project. bb. Appropriate $12,000 in contributions from Hall Ambulance Service, Inc to the Traffic Preemption Project within the Capital Outlay Fund. CC. City Manager's employee request to extend medical leave without pay beyond one hundred-eighty days, pursuant to Municipal Code Section 2.84.560 - Sick Leave Depletion. dd. Revision to Police and Fire Civil Service Rules and Regulations: 1. Rule 7.03 - Veteran's Preference (Police) 2. Rule 8 - Veteran's Preference (Fire) ee, Authorization to schedule a joint meeting between the Citizens Community Services Advisory Committee (CCSAC) and the City Council Community Services Committee. Reduce appropriations $1,516,664 and increase interfund transfers $1,507,000 for Special Assessment District and related Public Financing Authority bond calls in September 2002 in various funds. Staff recommends adoption of Consent Calendar Items a. through ff. HEARINGS REPORTS Budget and Finance Committee Report No. 2-02 regarding road rehabilitation. Staff recommends acceptance of report. 5 10. (Ward 2) 11. 12. (Ward 2) 13. 14. REPORTS continued b. Urban Development Committee Report No. 3-02, regarding the sale of real property at 515 Truxtun Ave. Urban Development Committee recommends approval. c, Community Services Committee Report No. 4-02 regarding Resolution supporting the creation of a Veterans Memorial at Central Park. Community Services Committee recommends adoption of the resolution. DEFERRED BUSINESS NEW BUSINESS Surplus Property (Staff comments by Alan Tandy City Manager.) 1. Resolution declaring real property located at 907, 1001, 1007, 1015, 1025 13th Street, 1275 "P" Street, and 1020/1022 California Avenue surplus to needs of the City. 2. Agreement with D.W. Sivers Company to purchase 907, 1001, 1007, 1015, 1025 13th Street, "P" Street, and 1020/1022 California Avenue for $531,000. Staff recommends adoption of resolution and agreement. COUNCIL & MAYOR STATEMENTS ADJOURNMENT September 26, 2002 (3:51 PM) Respectfully submitted, Alan Tandy ..4:- City Manager 6 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CiTY MANAGER/~. ALAN TANDY, CITY MANAGER / ~ AGENDA HIGHLIGHTS - OCTOBER 2, 2002 COUNCIL MEETING September 27, 2002 PRE-MEETING There is one workshop, which will be a presentation on the California High Speed Rail System by Ron Diridon, of the High Speed Rail Authority. There are three closed session items, which are conferences with real property negotiators regarding 711 and 713 Lake Street, and 1020 and 1030 King Street. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8h. Resolution adoptinq the Site Plan Review on a 6.32+ acre site at 3900 Riverlakes Drive. The applicant is requesting approval of a site plan review to allow a 2-story, 112-unit apartment complex. The site is zoned R-2/PUD, which requires that the site plan be approved by Council following a public hearing by the Planning Commission. That hearing took place September 5, 2002, when the Commission voted to recommend the site plan be approved. This is the first item to come to the Council after a recent Ordinance change that sends site plans for PCD/PUD overlays to both the Planning Commission and City Council. Item 81. Reclassification, Revised Job Specifications and chanqe to Salary Schedule. The Fire Department recently merged the Fire Prevention and Environmental Services units together. The Director of Environmental Services then began to manage an increase in staff and work load complexity. Staff recommends reclassification of the Director of Environmental Services to Director of Fire Prevention/Environmental Services. A revised job specification is included in this request. There will be an annual budget impact of $4,956. A request is also made is revise the job specifications for the Hazardous Materials Specialist due to a requirement by the State to be a registered geologist, it is recommended the monthly salary range for HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 27, 2002 PAGE 2 this position be adjusted to compensate for the required state certification. There will be an annual budget impact of $2,052. Due to the increased responsibilities of the Public/Fire Safety Education Specialist, it is recommended that the monthly salary range be adjusted for this position. There will be an annual budget impact of $6,432. The reclassification and all revised job specifications were approved by the Fire Civil Service Board. The Fire Department has adequate funds in their budget to fund the increases. Aqreements: Item 8n. Aqreement to Lease Property at the Northeast Corner of Cottonwood Road and Hoskina Avenue. In 1996, the City entered into an agreement with the State of California for the expansion of Wastewater Treatment Plant No. 2. As a condition, the City is required to acquire 960 acres to accommodate future expansion of the effluent spreading operations. The owner of the property at the northeast corner of Cottonwood Road and Hosking Avenue has offered to lease the land for fresh farming operations for the next three years, and on a year-to-year basis thereafter. In lieu of the $10,000 annual rent for the three-year term, the owner agrees to purchase all necessary above ground water well equipment, which will then become the property of the City at the end of the lease. This proposal will provide the City with necessary water well equipment, free the City from maintenance expenses and prepare the land to be integrated into the existing Effluent Farming operations in the future. Item 8o. Aqreement with the City of Maricopa for Assiqnment of Reqional Surface Transportation Proqram Funds. The City of Maricopa was apportioned a total of $61,000 of RSI~' funds for Fiscal Years 2000-2001 and 2001-2002, and has offered to exchange this amount for $39,650 in Gas Tax funds, which is 65% of the RSTP fund's value. This exchange will result in a net increase in funding to the City of Bakersfield of $21,050. A similar exchange was approved by the Council this past spring with the City of McFarland. Any RSTP funds not used this fiscal year will be carried forward to be used on projects next fiscal year. No delay in any project will occur due to the funding exchange. Item 8p. Consultant Aqreement with Maurice Etchechury for Project Manaqement and Inspection Services for Friant-Kern Canal Relocation within the Intersection of Olive Drive and Calloway Road in the amount of $45,000. In July 2002, the owner of the Friant-Kern Canal informed staff that they would shat down operations of their canal during December 2002 and January 2003. This provided a window of opportunity for the City to construct the canal relocation elements of the project much sooner than expected. Recent reassignments in staff positions and duties have dramatically reduced staff's ability to provide the much needed project management during this time period. Through this agreement with Pacific Engineering, a registered civil engineer who has valuable experience dealing with the canal owners and utility companies related to this project will be able to dedicate his work efforts to this project. He will be working side-by-side with staff at City Hall to keep the project's momentum moving forward to ensure construction during this window of opportunity. Item Sq. Aqreement with Muxlow Construction to Provide Handicapped Accessibility Improvement Services to Qualified Low-Income Residents in an amount not to exceed $77.000. Each year the City's Community Development Block Grant Program reserves funds for the Home Accessibility (HA) Grant Program, which provides grants of up to $2,500 per household for constructing accessibility improvements/modifications and up to $1,000 of additional funds to address the additional costs of complying with Federal and State lead-based paint regulations to homes which are physically challenging accessibility improvements in privately owned residential structures for Iow-income residents who are physically disabled. A Request for Proposal (RFP) for HA annual contract services was issued HONORABLE MAYOR AND CiTY COUNCIL SEPTEMBER 27, 2002 PAGE 3 tO about a dozen contractors in August 2002 and produced four bids. Muxlow Construction was deemed the lowest and responsible bidder. By taking this action, staff can offer assistance to the HA applicants currently on the waiting list. Item 8r. Settlement Aqreement between the City, RiverLakes Investment Co., K¥1e Carter Homes and Coleman Homes. In May 1999, the City entered into an Agreement with Fruitvale Properties, the Master Developer of the Riverlakes Ranch. The primary purpose of the Agreement was to defer construction of certain off-site street improvements that were triggered by development of the Golf Course. Subsequently, the Master Developer sold its interests in Riverlakes to various subdividers. A disagreement arose among Riverlakes Investment Company, Kyle Carter Homes, Coleman and the City as to the interpretation and application of the Agreement to certain projects being undertaken by Coleman Homes. The City has consistently maintained its position that the builder of identified projects within the Agreement are entitled to receive reimbursement from other subdividers, as well as the traffic impact fee credit for those projects. However, the City also agreed that if the subsequent owners/subdividers to Fruitvale Properties desired to agree on another manner of distribution of traffic impact fee credits and reimbursement, that the City would consider such an arrangement. In this instance, RiverLakes Investment Company (Craig Carver) and Kyle Carter Homes (Kyle Carter) filed an appeal with the City, alleging that they were entitled to traffic impact fee credits for their reimbursement to Coleman Homes of off-site improvements for certain projects. After several meetings with staff, and amongst each other, the parties have arrived at a Settlement Agreement which will modify and supersede the terms of the Agreement with respect to these projects. All parties have also agreed to waive any further claims against each other for any issue arising out of the Agreement with respect to the projects. item 8s. Amendment No. I to Aqreement No. 02-042 with the Bakersfield Senior Center in the amount of $77,000. On February 20, 2002, the Bakersfield Senior Center (BSC) received $495,000 in HOM~ CHDO funds for acquisition, clearance and relocation assistance for 80 housing units, which will be located at R and 5th streets. The construction will be financed from HUD's Section 202 grant program in the amount of $ 6.7 million. City HUD funds are not involved with the construction of the project. Over the past year, staff has been assisting BSC by providing acquisition and relocation assistance. From the original $495,000, approximately $50,000 remains. To date, $19,000 has been expended for tenant relocation and moving expenses, and another $426,000 has been expended for acquisition of properties. An additional $77,000 in funds is needed to complete the tenant relocation and demolition work called for in the contract. The project incurred this shortfall due to higher prices paid for property acquisitions than originally budgeted for and from a payment of relocation expenses to one owner- occupied property. item 8t. Desiqn of North Chester Avenue Bridqe. The City and W. Koo & Associates, Inc. entered into an agreement on December 17, 1997 for the preparation of plans, specifications and estimates for the seismic retrofit of six City bridges. The design of the North Chester Avenue Bridge, one of the six, has been delayed for several years due to the State's review and approval processes. This amendment would increase the Consultant's compensation amount by $28,240. Federal and State funding for the project will pay for this increase. Bids: Item 8u. Award Contract to Gantry Constructors, Inc. for the Northeast Bakersfield Water Suoolv Reservoir Phase 2 in the amount of $579,562. This phase of the project is to install a waterproof liner the reservoirs to seal from leakage and provide erosion and weed control around the interior of the ponds. Two acceptable bids were received. Staff recommends award to Gantry Constructors, inc. Item 8v. Award Contract to Irwin Excavation for Demolition of Improvements for the Bakersfield Senior Housinq Project Center in the amount of $30,000. This project consists of demolition of: 1) two apartment buildings on the north side of 5m Street east of R Street; 2) all out-buildings, fences, patios and HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 27, 2002 PAGE 4 driveways on same half block; and 3) 5"~ Street east of R Street for future needs of the Bakersfield Senior Housing Project Center. Six acceptable bids were received. Staff recommends award to Irwin Excavation. Item 8w. Award Contract to FS3 for a Fire Hose in the amount of $25,462.83. Three acceptable bids were received. Staff recommends award to FS3. Item 8x. Award Annual Contract to Oscar Harqis and Son for Haulinq and Spreadinq Dried Biolsolids at the Wastewater Treatment Plants in an amount not to exceed $170,000. One acceptable bid was received. Staff recommends award to Oscar Hargis and Son. Miscellaneous: Item 8z. Approval of Community Development Block Grant Amendments. The proposed amendments affect CDBG program funds from Fiscal Years 98/99, 01/02, and 02/03 as follows: 1) Reallocate $235,000 from FY 98/99 designated for the Casa Loma #6 Storm Drain Project to the Jefferson Park Swimming Pool Rehabilitation project. The Casa Loma project, as originally proposed, has been redesigned and funding will be considered in future allocations. 2) Allocate $200,000 of program savings of various completed Capital Improvement Projects to the Jefferson Park Swimming Pool Rehabilitation Project. Also included in this amendment, will be the shifting of $235,000 from the approved $325,000 allocated for Acquisition and Demolition Program for Wards I and 2 specifically to the acquisition and demolition of substandard industrial/commemial properties for the 14th Street Aquatic Center project. 3) Reduce the funds allocated for the operational assistance for Bakersfield Police Southeast Satellite Office located at 11th Street and Lakeview Avenue. This adjustment was originally included in the approved City budget but was not made to the FY 02/03 CDBG Action Plan submitted to HUD May 16, 2002. Item 8aa. Appropriate Funds for the Acquisition of Approximately 7 Acres Located at 21st and R Streets for the Central Park Cottaqes. Staff submitted an application to the California Housing Finance Agency (CHFA) for $2 million to assist in the development of downtown urban housing projects. CHFA approved $1.2 million. The site is located immediately north of Central Park and is technically located in the Old Town Kern Pioneer Redevelopment Project Area. Staff is currently negotiating with two experienced housing developers and is now ready to move forward on the land purchase for the cottage project. Funding sources for the purchase are as follows: 1) the Kern County Board of Education has agreed to carry a secured note in the amount of $434,177.56 which will be paid off in the next two fiscal years from Downtown Housing Set-Asides. This note, at 3% simple interest will be due in two annual installments July 1, 2003 and July 1, 2004. 2) CHFA loan funds of $1.2 million will be used towards the purchase price of this land and will be paid off in 8 equal annual installments of $170,950, beginning in July 2005 from Downtown Housing Set Aside funds; 3) this will leave a funding shortfall of approximately $315,000 required for the transaction. There are currently funds available in the Downtown Housing Set Aside Fund for this purpose. Item 8dd. Revision to Police and Fire Civil Service Rules and Requlations. The Police and Fire Civil Service Rules and Regulations have been updated to incorporate current terminology, state laws and clarify language to be consistent with actual practice regarding Veteran's Preference. The revisions have been endorsed by the Central California Association of Public Employees, and have been approved by both the Police Civil Service and Fire Civil Service Boards. Item 8ee. Authorization to schedule a Joint metinq between the Citizens Community Services Advisory Committee (CCSAC) and the City Council Community Services Committee. The CCSAC is a Council- appointed committee. Due to the regular meetings of the Community Services Committee, very few HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 27, 2002 PAGE $ issues have been referred to the CCSAC. A joint meeting would provide the opportunity to discuss whether the CCSAC should continue in existence. Item 8ff. Reduce Appropriations $1,516,664 and Increase Interfund Transfers $1,507,000 for Special Assessment District and Related Public Financinq Authority Bond Calls in September 2002 in Various Funds. During the budget cycle, Finance staff estimates the amounts to be available to call bonds in September of the ensuing year. The actual amount available for bond calls in September following June 30th may vary significantly from the budget estimates made in the previous April due to the closing of construct accounts and early payoffs. .REPORTS Iteml0a. Budqet and Finance Committee Report 2-02 on Road Rehabilitation. Public Works staff made a presentation to the Budget & Finance Committee on September 12, 2002 regarding paving projects done by contractors and City forces. The Committee supported the Road Rehabilitation efforts of the Public Works Department. Item 10b. Urban Development Committee Report No. 3-02 reqardinq the Sale of Real Property at 515 T['uxtun Avenue. This item was discussed at the September 18, 2002 Council meeting, and was referred to the Urban Development Committee. The Committee will consider this item at their September 27, 2002 meeting, and their recommendation will be brought to the full Council. Item 10c. Community Services Committee Report No. 4-02 reqardinq Resolution supportinq the creation of a Veterans Memorial at Central Park. For approximately 1 Y2 years, department staff have been assisting the Veterans group for a memorial in Bakersfield. Staff and the Veterans group have identified Central Park as the most suitable for a Veteran's memorial park. In an effort to assist the group, the City Council has been asked to support a resolution which identifies Central Park as the site for the proposed memorial. The resolution is also necessary to assist the Veterans in obtaining future grant applications. On September 25, 2002, the Community Services Committee directed staff voted to recommend support of the Veterans memorial at Central Park. NEW BUSINESS Item 12a. Surplus Prooertv. The Resolution declares real property located at 907, 1001, 1007, 1015, 1025 13th Street; 1275 "P" Street; and 1020 and 1022 California Avenue surplus to the needs of the City. In the past two years, the City of Bakersfield has acquired seven properties south of the Convention Center that are outside the proposed Ice Rink/Aquatics Center boundaries. The properties consist of four single family homes whose owners expressed interest in selling their homes, two commercial properties whose owners also expressed a desire to sell. Also, approximately three years ago, the City acquired a property that was deemed to be blighted and the owner wanted to sell. D.W. Sivers Company has expressed an interest in acquiring these properties for a commercial development and has agreed to pay the City's cost to acquire these properties. On October 17, 2002, the Planning Commission will be asked to ~ind this [~ansaction consistent with the 2010 Ger~eral Plar~. AT:AC:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: October 2, 2002 AGENDA SECTION: Workshop ITEM: 2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 20, 2002 APPROVED CITY MANAGER ,? California High Speed Rail System Presentation by Ron Diridon, Chairman of the California High Speed Rail Authority RECOMMENDATION: BACKGROUND: For the last several years the High Speed Rail Authority has been conducting environmental and preliminary engineering studies of the proposed location of the high speed rail system, including station and maintenance facility locations. Mr. Ron Diridon, Chairman of the California High Speed Rail Authority, will present a status report of their studies and discuss their options. wgm September 20, 2002, 7:12AM G:\GROUPDA'r'~,DMINRP'['~2002\Oct 2\High Speed Adrnin Report.dot ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Closed Session ITEM: ;~.~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 13, 2002 DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER APPROVED Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: 711 Lake Street, Bakersfield, California Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Khamphou Siripane Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: BJT:las September 13, 2002, 10:07AM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Closed Session TEM: 3, h, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 13, 2002 DEPARTMENT HEAD CITY A'I'rORNEY CITY MANAGER APPROVED Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: 713 Lake Street, Bakersfield, California Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Connie Pedebold Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: BJT:las September 13, 2002, 10:07AM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 IAGENDA SECTION: Closed Session ITEM: 3. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thittgen, City Attorney September 13, 2002 APPROVED DEPARTMENTHEAD ~ CITY A'I-rORNEY ~ ~ CITY MANAGER Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: 1020 and 1030 King Street, Bakersfield, California, 93305 Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Jose Navarro Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: BJT:las September 13, 2002, 8:23AM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Presentations ITEM: 5. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall September 20, 2002 DEPARTMENT HEAD R~ CITY ATTORNEY CITY MANAGER ,/~ Presentation by Mayor Hall of Certificates to the BASA Girls Softball League National Champions RECOMMENDATION: BACKGROUND: ndw September 20, 2002, 8:58AM S:\MAYOR~,DMIN\BASA GIRLS SOFTBALL LEAGUE NATIONAL CHAMPiONS.dot ADMINISTRATIVE REPORT IMEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. a. APPROVED TO: Honorable Mayor and City Council DEPARTMENT HEAD FROM: Pam McCarthy, City Clerk CITY ATTORNEY DATE: September 20, 2002 CITY MANAGER ,~ SUBJECT: Minutes of the Joint City/County meeting of September 9, 2002 and Regular Council meeting of September 18, 2002 for approval. RECOMMENDATION: BACKGROUND: bz S:~Council~admins~2OO2~A UG2102. doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: F{ h TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 20 2002 APPROVED DEPARTMENT HEAD/f~ o~z~i~r~-~]~-- CITY ATTORNEY ~/~. CITY MANAGER ~ Approval of department payments from September 6, 2002 to September 19, 2002 in the amount of $8,620,583.43 and self insurance payments from September 6, 2002 to September 19, 2002 in the amount of $202,786.59. RECOMMENDATION: Staff recommends approval of payments totaling $8,823,370.02. BACKGROUND: klg September 20, 2002, 8:37AM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: OCTOBER 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building September 20, 2002 DEPARTMENT HEAD/ CITY ATTORNEyL'~ ' ~ CITY MANAGER An ordinance amending Chapter 15.04, 15.12, 15.16, 15.28 and 15.32 of the Bakersfield Municipal Code relating to the Buildings and Construction Code. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The current Buildings and Construction Code is based on the 1997 Edition of the Uniform Codes and the 1996 National Electrical Code. The 2001 edition of the California Building Codes have been adopted by the state requiring the amendment of the Municipal Code to reflect their 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 and has also met with the County of Kern to coordinate consistency in enforcement and scheduling of joint training for the industry. City Council conducted a hearing for adoption and first reading of the new codes on September 18, 2002. September 20, 2002, 10:29AM ADMINISTRATIVE REPORT IMEETING DATE: October 2, 2002 AGENDA SECTION: Consent ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 17, 2002 An Ordinance amending Section 17.06.020 (Zone Map No.102-23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an 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) (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of this ordinance on September 18, 2002. 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 Commercial 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 environmenta] impacts have been identified. JE (P:admin\oct\10-3-0540) ADMINISTRATIVE REPORT I MEETING DATE: October 2, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director September 17, 2002 DEPARTMENT HEAD (~.~_ /~,,/'~ CITY MANAGER /'-Cg2 Resolution of Intention No. 1281 to order the vacation of the public access road (Co. Rd. No. 1949) between Church Avenue and the Kern County Communication Facility. (VVard 3) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The County of Kern - General Services Division has requested that the access road serving the County's Communication Facility be vacated because college students use the area for vehicle parking causing restricted access by County vehicles. The student parking has blocked County ingress and egress to the complex for communication vehicles. The access road (Co. Rd. No. 1949) was declared a County road December 31, 1957, and became a City road upon annexation to the City on December 7, 1961. The City Fire, Police, Public Works, Walter Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes that there are no public sewer mains or storm drain lines located in the vacating area. The utility companies serving the area have been notified by mail and the utility companies have indicated they have no facilities in the vacating area and have no objection to the closing. The proposed vacation was heard by the Planning Commission at its meeting of September 5, 2002, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date of November 20, 2002, for public hearing on the proposed vacation. dns September 25, 2002, 2:51PM Document1 ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 18, 2002 APPROVED DEPARTMENT HEAD ~/-- Cl~ MANAGER Resolution of Intention No. 1282 to order the vacation of the alley on the west side of Owens Street southerly of State Freeway 178 (at 1716 Owens Street). (Ward 2) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Mamdouh Eldib has an approved Condition Use Permit to allow a used car sales lot at 1716 Owens Street. As a finding of the Board of Zoning Adjustment hearing, it was determined that the alley access from Owens Street is hazardous because of its closeness to the Freeway 178 off-ramp at Owens Street. As a condition of approval of the Conditional Use Permit, the alley shall be abandoned and the applicant shall construct curb and gutter to close off the Owens Street access. The conditions also require the applicant to provide an access agreement with the owner to the south (Arco Mini Mart) which guarantees access to Flower Street. The City, Fire, Police, Public Works, Water Resources, Development Services and Economic Development Departments have been notified and none have objected to the proposed vacation under the following conditions. 1. Applicant's adjacent property shall be merged into a single parcel and a temporary public access easement shall be reserved over said alley until completion of the lot merger. 2. An easement shall be reserved for the existing public sewer main in the alley. 3. The alley vacation and required access to Flower Street shall provide adequate access for City refuse pickup. The utility companies serving the area have been notified by mail and they have indicated no objection to the vacation if adequate easements are reserved for their existing facilities in the vacating area. The proposed vacation was heard by the Planning Commission at its meeting of September 5, 2002, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date of November 20, 2002, for public hearing on the proposed vacation. dns September 25, 2002, 2:15PM Document1 ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.9- TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /"~) "~ ~ DATE: September 20, 2002 CITY ATTORNEY ~'~.~ CITY MANAGER ~ SUBJECT: Resolution ordering the summary vacation of the superseded portion of Patrick Henry Drive at the northwest corner of Liberty High School. (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The original dedication of right-of-way for Patrick Henry Drive extended along the entire north property line of Liberty High School. With the recordation of Tract 5882 - Phase 7A, Patrick Henry Drive was connected (northerly) to Brimhall Road by way of Invermay Street with the approval of the Kern High School District. The knuckle at Invermay Court created a surplus (superseded) portion of public road right-of-way at the northwest corner of the high school property. Liberty High School has requested that the surplus right-of-way be vacated to enable better use of their site. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes no public sewer mains or storm drains are located in the vacating area. The utility companies serving the area have been notified by mail and none have indicated having any facilities in the vacating area. Public Works is proposing the vacation by the summary process pursuant to Streets and Highways Code Section 8330 relating to superseded public roadway. The City Planning Commission at its meeting of September 5, 2002, heard the proposal and found the abandonment to be consistent with the Metropolitan Bakersfield 2010 General Plan. dns September 20, 2002, 9:22AM Document1 ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: ITEM NO: 8. h. Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning September 11,2002 DEPARTMENT HI~[~~ SUBJECT: Site Plan Review (File #02-0653) for the construction of a 112 unit one and two-story apartment complex (24 one bedroom, 72 two bedroom, and 16 three bedroom units) on a 6.43+ acre site, within an R-2/PUD zone district at 3900 Riverlakes Drive (Ward 4) RECOMMENDATION: The Planning Commission recommends adoption of the resolution approving the site plan. BACKGROUND: The applicant is requesting approval of a site plan review to allow a two stow, 112 unit apartment complex on a 6.43 acre site. A copy of the Planning Commission's staff report describing the specific project characteristics with site plans is attached. The site is zoned R-2/PUD (Limited Multiple Family Residential/Planned Unit Development Overlay). The PUD overlay requires that the site plan be approved by the Planning Commission at a noticed public hearing, and by the City Council. A public hearing by the City Council is not required unless the Council decides to disapprove the Planning Commission's recommendation, or add to or change the conditions of the project. The Planning Commission unanimously approved this site plan on September 5, 2002 as they found the proposal met all minimum development standards and appropriate mitigation measures imposed by GPA/ZC P01-0277 by the City Council. No comments either in support or opposition were presented as part of the record. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this site plan be approved. September 1 I, 2002, 11:20AM P:~Rivedakes Dr SPR CC Admin.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. 'i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 17, 2002 DEPARTMENT HEAD A~.~E D CITY ATTORNEY CITY MANAGER Resolution for City to Dedicate public street right of way for Ming Avenue and River Run Boulevard over the 20 foot wide strip of City property adjacent to the northerly side of the Kern River Canal (Wards 4 and 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City owns (in fee) a 20' wide strip of land adjacent to the northerly side of the Kern River Canal which causes a 20' wide gap across the public right of way for Ming Avenue and River Run Boulevard. PG&E is installing underground electrical facilities along the south side of Ming Avenue between South Allen Road and Buena Vista Road which witl cross the 20' gap in road right of way. In order to provide franchise rights for the utility companies, the City is dedicating public road right of way over that portion of the City owned property that crosses Ming Avenue and River Run Boulevard. Public Works staff recommends approval of the dedication of public road right of way because it will be located within the right of way limits of the two roads. dns September 17, 2002, 4:23PM Document1 MEETING DATE: October 2, 2002 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: 8.,~. TO: FROM: DATE: SUBJECT: (Ward 4) Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 18, 2002 DEPARTMENT HEAD ~,/~OVED C""ATTORNEY CITY MANAGER ~ Resolution dedicating right of way for Buena Vista Road north of Stockdale Highway. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Buena Vista Road is being extended north of Stockdale Highway approximately 380 feet to provide access to the new Rio Vista Park and the proposed commercial development east of the park. This Resolution provides dedication of the westerly portion of Buena Vista Road as a public street. Castle & Cooke will be dedicating the easterly portion of the road. Ivd September 18, 2002, 10:21AM G:\G ROUP DAT'~AD MINRPTX2002\Oct 2\BV_Dedication.dot ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 12, 2002 DEPARTMENT HEAD ~_~OVED CITY ATTORNEY CITY MANAGER Assessment District No. 02-1 (AD 02-1, Avalon/Belsera/Montara/The Woods): Resolution Approving Form and Substance of Preliminary Official Statement and Bond Purchase Contract. (Ward 4) RECOMMENDATION: Staff recommends adopting Resolution. BACKGROUND: On September 18, 2002, Council approved the Engineer's Report for Assessment District No. 02-1 and levied the assessments and ordered the public improvements. The assessments have been recorded as liens in the County Recorder's Office. In order to expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of any of the assessments in cash. The Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments which allows the pre-marketing and pricing of the bond sale by UBS Paine Webber Inc. September 17, 2002, 9:40AM G:\GROUPDAT~,DMINRPT~002\Oct 2\ad02-1pos.dot jas ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council r~,//~ APPROVED Carroll Hayden, Human Resources Manager'-" DEPARTMENT HEAD September 17, 2002 C~iT~yAMTATNOARGN:~ Reclassification, Revised Job Specifications and Change to Salary Schedule a) Reclassify Director of Environmental Services to Director b) c) d) e) of Fire Prevention/Environmental Services Revised Job Specification: Director of Fire Prevention/Environmental Services Revise Job Specification: Hazardous Materials Specialist Amendment No. 6 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 Fire Prevention/Environmental Services Amendment No. 3 to Resolution No. 046-02 Approving Memorandum of Understanding for Employees of the Blue and White Collar Units and Adopting Salary Schedule and Related Benefits for Hazardous Materials Specialist and Public/Fire Safety Education Specialist RECOMMENDATION: Staff rec~mmendsapprova~~frec~assificati~n~revisedj~bspeci~cati~nsandad~pti~n~fres~~uti~ns~ BACKGROUND: Reclassi~ Director of Environmental Services to Director of Fi~ Prevention/Environmental Services, On a trial basis since July 2001, the Fire Chief removed the Arson Unit from Fire Prevention Services and assigned it to the Fire Suppression Services Division. The Fire Chief then merged the Fire Prevention Unit and Environmental Services Unit together. Ralph Huey, Director of Environmental Services, took over the daily duties of managing both the Fire Prevention Unit and the Office of Environmental Services. On June 11, 2002, a job audit of the Director of Environmental Services position was conducted. Ralph Huey increased his staff from 4 to 10 full-time employees and took over the responsibility of fire code enforcement, fire plan check review, fire inspections, the enforcement of the no smoking city ordinance, and other daily duties and responsibilities previously assigned to the Fire Marshal. In addition to the duties and responsibilities listed above, Ralph Huey continues to be responsible for planning, administering and supervising the work of the Office of Environmental Services for the Bakersfield Fire Department. He plans, organizes, implements and supervises the Fire Department's comprehensive hazardous materials and hazardous waste regulatory programs, above/underground storage tank programs, including the Certified Unified Program Agency (C.U.P.A.). September 18, 2002, 5:10PM S:~ADMINRPT~Reclass Fire.dot ADMINISTRATIVE REPORT The reclassification and revised job specification was approved by the Fire Civil Service Board at their September 9, 2002 meeting. Based upon internal benchmarking, the salary range has been set equivalent to other City management positions with a comparable level and scope of responsibility. There will be an annual budget impact of $4,956 in salary. The Fire Department has adequate funds in their budget to fund this increase. Revise Job Specification for Hazardous Materials Specialist The State Health and Safety Code was revised in 1999 to require all personnel who prepare and review geological reports, plans or other documents for State and Local governments to be registered Geologist. Howard Wines, Hazardous Materials Specialist, is currently the only person in the City's Consolidated Unified Program Agency (C.U.P.A.) who is a registered Geologist and qualified to review and prepare a response to geological reports, plans or other documents for the Office of Environmental Services with the Bakersfield Fire Department. The current job specification for Hazardous Materials Specialist does not require registration as a Geologist with the State of California. It is recommended that the job specification be revised to include registration as a Geologist. The revised job specification was approved by the Fire Civil Service Board at their September 9, 2002 meeting. Chan.qe of Salary Schedule for Hazardous Materials Specialist and Public/Fire Safety Education Specialist Hazardous Materials Specialist It is recommended that the monthly salary range for the position of Hazardous Materials Specialist be adjusted to compensate for the required state certification and continued responsibility of reviewing and preparing responses to geological reports, plans and other documents for the Bakersfield Fire Department. Based upon internal benchmarking, the salary range has been set equivalent to other positions in the City that require certification and perform duties that are similar and comparable to the Hazardous Materials Specialist position. There will be an annual budget impact of $2,052 in salary. Public/Fire Safety Education Specialist Leslie Devitt, Public/Fire Safety Education Specialist, is the only person the Fire Department has to develop, implement and coordinate the department's fire safety, public education and awareness programs. She is the contact person between the Fire Department and the media. Because Leslie has over 5 years experience in the position, she receives minimal supervision and direction from Deputy Fire Chief Kirk Blair and exercises independent judgement in her daily duties. The department's public education and fire safety programs have grown from limited exposure to the community to having weekly television segments, a child passenger safety seat inspection program, a variety of school programs and presentations, adult education, and an increase in media relations. Leslie has been authorized by the Deputy Fire Chief to exercise independent judgement in using budgetary funds in the public/fire education accounts to meet the department's fire safety goals and objectives. In comparison, the Police Department has five (5) Community Relations Specialists that report to a Crime Prevention Supervisor. Based on the aforementioned and internal benchmarking, it is recommended that the monthly salary range for the position of Public/Fire Safety Education Specialist be adjusted. There will be an annual budget impact of $6,432 in salary. The Fire Department has adequate funds in their budget to fund these increases. September 18, 2002, 5:10PM S:~ADMINRPT~Reclass Fire.dot ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 12, 2002 APPROVED DEPARTMENTHEAD~'/~ CITY ATTORNL~Y ClTY MANAGER /'~ Agreement with Guatemalan National Police Department, a non-profit organization, to purchase surplus police safety equipment from the City for a total of $1.00. RECOMMENDATION: Staff recommends sale of surplus equipment. BACKGROUND: The Finance Director has received a request from the Guatemalan National Police Department to buy surplus police safety equipment, specifically used riot helmets and leather goods. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a governmental 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. September 12, 2002, 10:02AM PURCHASING DIVISION / DW:Ijm P:~ADMIN~2002 ADMIN\C02_1002_A_Surplus Police Safety Equipment.doc ADMINISTRATIVE REPORT Page 1 MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calender ITEM: 8.n. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 17, 2002 API~R. OVED DEPARTMENT HEAD CITY ATTORN~Y ~ CITY MANAGER SUBJECT: Agreement with Donald L. Schulte to lease City owned real property for farming operations located at the northeast corner of Cottonwood Road and Hosking Avenue for an initial term of 3 years with 1 year extensions subject to City approval. ( Ward 3 ) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On November 6, 1996 the City entered into Agreement No. 96-304 with the State of California to provide financing for the expansion of Waste Water Treatment Plant No. 2. As a condition of the loan, the State required the City to acquire an additional 960 acres to accommodate future expansion of the effluent spreading operations resulting from the increased capacity. On September 21, 1998, the City acquired 165.56 acres from the United States Department of Agriculture. At this time the land is not needed for the Effluent Farming operation and is not projected to be needed for 3 to 5 years at current expansion rates. The land is currently vacant and being used as an illegal dumping area and will become a fire hazard during the summer months and the water well is inoperable at this time. Donald L. Schulte has offered to lease the land for fresh water farming operations for the next 3 years and on a year to year basis thereafter depending on City needs. The rent is Ten Thousand Dollars ($10,000) per year as a minimal annual rent. In lieu of annual rent for the three (3) year term of the lease Donald Schulte agrees to purchase all necessary above ground water well equipment as described in Exhibit "C" of lease, said equipment shall be paid in full and will become property of City of Bakersfield at end of lease. These rents are consistent with other leases in the area for similar ground and farming operations. This proposal will provide the City with necessary water well equipment and free the City from maintenance expenses and prepare the land to be integrated into the existing Effluent Farming operations in the future. jws 9/18/20022:15 PM P:~ADMIN FORM.wpd ADMINISTRATIVE REPORT IMEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.o. TO: Honorable Mayor and City Council AP~P/~ilOVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: September 18, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with City of Maricopa ($39,650) for assignment of Regional Surface Transportation Program (RSTP) funds. (AlIWards) Transfer $39,650 of appropriations from the Streets Division Operating Budget to the Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of Agreement and transfer of funds. BACKGROUND: This agreement would allow the City of Maricopa to assign its Regional Surface Transportation Funds (RSTP) to the City of Bakersfield in exchange for Gas Tax funds. The portion of RSTP funding allotted to Kern County is apportioned to communities through the Kern Council of Governments (Kern COG). The City of Maricopa was apportioned a total of $61,000 of RSTP funds for Fiscal Years 2000-2001 and 2001-2002. The City of Maricopa has offered to exchange their $61,000 of RSTP funds with the City of Bakersfield for $39,650 in Gas Tax funds, 65% of the RSTP fund's value. The City of Maricopa has offered this discounted exchange because they currently have no projects that qualify for use of RSTP funds, and additional staff time would be required for Maricopa to process State and Federal paperwork to receive the RSTP funds. The City of Maricopa currently does have projects that could utilize Gas Tax funds. This exchange will result in a net increase in funding to the City of Bakersfield of $21,050 ($61,000 - $39,950 = $21,050). Kern COG has already approved this exchange. The City of Bakersfield has resurfacing projects that can use these additional RSTP funds, and minimal additional staff time will be required to procure these additional RSTP funds as processing is already required to procure the current City RSTP funding. A similar exchange was approved by the Council this past Spring with the City of McFarland. Any RSTP funds not used this fiscal year will be carried forward to be used on projects next fiscal year. No delay in any project will occur due to the funding exchange. September 20, 2002, 8:52AM G:\GROUPDAT~ADMINRPT~2002\Oct 2\Maricopa STP swap.doc PW Engr dc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: September 24, 2002 CITY ATTORNEY ~/~ CITY MANAGER SUBJECT: Friant-Kern Canal Re-Location Within Intersection of Olive Drive and Calloway Road (Ward 4): Consultant Agreement with Maurice Etchechury ($45,000) for Project Management Services. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Construction of full width street improvements within the intersection of Olive Drive and Calloway Road requires extensive modifications to the existing Friant-Kern Canal and the Calloway Canal. Staff has been working with the operators of both canals to obtain their approval of the City's design and to coordinate a construction time frame compatible with canal operations. In July 2002, the owner of the Friant-Kern Canal informed staff that they would shut down operations of their canal during December 2002 and January 2003. This provided a window of opportunity for the City to construct the canal re-location elements of the project much sooner than expected. The next canal shut down most likely will not occur for another three years. To take advantage of this opportunity, staff utilized the City's existing On-Call Engineering agreement with Ruettgers-Schuler Civil Engineers to prepare the final design and construction documents for the Friant- Kern Canal elements of the project. However, recent reassignments in staff positions and duties have dramatically reduced staff's ability to provide the much needed project management. Through this agreement with Maurice Etchechury, a registered civil engineer who has valuable experience dealing with the canal owners and utility companies related to this project, will be able to dedicate his work efforts to this project. He will be working side-by-side with staff at City Hall to keep the project's momentum moving forward to ensure construction during this window of opportunity. ADR September 24, 2002, 9:00AM g:\groupdat~adrninrpt~2002\oct 2~olive calloway.dot ADMINISTRATIVE REPORT TO: Honorable Mayor and City Council APPR,..OVED FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD DATE: September 20, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Muxlow Construction, for an amount not to exceed $77,000, to provide handicap accessibility improvement services to qualified Iow-income residents in privately owned structures. (All Wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield's consolidated Plan 2005 has identified accessibility improvements as a high priority. Each year the City's Community Development Block Grant Program reserves funds for the Home Accessibility (HA) Grant Program. The Program provides grants of up to $2,500 per household for constructing accessibility improvements/modifications and up to $1,000 of additional funds to address the additional costs of complying with Federal and State lead-based paint regulations to homes which are physically challenging accessibility improvements in privately owned residential structures for Iow-income residents who are physically disabled. Approximately 50 residential dwelling units are retrofitted each year under the HA Grant Program. Types of improvements include exterior ramps and rails, grab bars, handicap toilets, and door widening. A Request for Proposal (RFP) for HA annual contract services was issued to about a dozen contractors in August 2002 which produced four bids. Out of the four bids, Muxlow Construction was deemed the lowest and responsible bidder. Mr. Muxlow is currently certified as a Lead-Based Paint (LBP) Safe Housing Construction Supervisor which is a regulatory requirement for work on homes which were built prior to January 1, 1979. On September 5, 2001 City Council approved Agreement No. 01-211, in the amount of $92,000 which included $5,000 set aside for LBP work, for Muxlow Construction. This agreement expired on September 30, 2002 Over the past twelve months, Muxlow Construction has satisfactorily completed approximately 50 HA Improvements and expended approximately $80,000. This Agreement will allow the City's residents to continue receiving the much needed handicap accessibility improvements through an annual services contract with an experienced and licensed contractor. By taking this action, staff can offer assistance to the HA applicants currently on the waiting list. S:~Admins\City Council\Muxlow HA 02-03.doc 9/20/2002 9:04 AM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: September 10, 2002 CITY ATTORNEY / CITY MANAGER SUBJECT: Approval of Settlement Agreement between City, RiverLakes Investment C~, Kyle Carter Homes and Coleman Homes. RECOMMENDATION: Staff recommends approval of the attached Settlement Agreement. BACKGROUND: In May 1999, the City entered into Agreement No. 99-118 with Fruitvale Properties, the Master Developer of the Riverlakes Ranch. The primary purpose of the Agreement was to defer construction of certain off-site street improvements in Riverlakes that were triggered by development of the Riverlakes Golf Course. The Agreement identified specific improvements within Riverlakes and provided for their construction upon development of certain tracts within the Riverlakes area. This ensured uniform development of off-site street improvements in an economically feasible manner. Subsequently, the Master Developer sold its interests in Riverlakes to various subdividers. Two of the identified projects in Agreement No. 99-118 concern the construction of Olive Drive to Catloway. Currently, Coleman Homes is undertaking these construction projects known as Projects 2 & 5. A disagreement has arisen among Riverlakes Investment Company, Kyle Carter Homes, Coleman and the City as to the interpretation and application of Agreement No. 99-118 to these Projects. The City has consistently maintained its position that the builder of identified projects within Agreement No. 99-118 are entitled to receive reimbursement from other subdividers, as well as the traffic impact fee credit for those projects. While this might appear to be "unfair" at first glance, this was the intent of the original parties to Agreement No. 99-118. In addition, the Agreement was recorded against all parcels of land affected by Agreement No. 99-118. However, the City also agreed that if the subsequent owners/subdividers to Fruitvale Properties desired to agree on another manner of distribution of traffic impact fee credits and reimbursement, that the City would consider such an arrangement. VO:alj September 24, 2002, 10:39AM S:\COUNCIL~Admins\Settlem entAgrNos2&5.CarverCarterColem an.dcc ADMINISTRATIVE REPORT In this instance, RiverLakes Investment Company (Craig Carver) and Kyle Carter Homes (Kyle Carter) filed an appeal with the City, alleging that they were entitled to traffic impact fee credits for their reimbursement to Coleman Homes of off-site improvements for Project Nos. 2 and 5. After several meetings with staff, and amongst each other, the parties have arrived at a Settlement Agreement which will modify and supersede the terms of Agreement No. 99-118 with respect to Projects 2 & 5. In general, the Settlement Agreement provides that RiverLakes Investment Company and Kyle Carter Homes wilt immediately deposit their reimbursement amounts for the Olive/Calloway Project to the City. This amount of money (approximately $660,000) will be released to Coleman Homes and represents the total amount of money that Riverlakes Investment Company and Kyle Carter Homes are obligated to reimburse Coleman Homes for Project Nos. 2 and 5. In return, Coleman Homes will relinquish $60,000.00 of its traffic impact fee credits which will be split equally between Riverlakes Investment Company and Kyle Carter Homes. Finally, all parties have agreed to waive any further claims against each other for any issue arising out of Agreement No. 99-118 with respect to Projects 2 & 5. If approved, thisSsettlement will eliminate the need to hear the appeal of Riverlakes Investment and Kyle Carter Homes with regard to the traffic impact fee credits on these Projects. As such, staff recommends that Council approve the attached Settlement Agreement. VG:alj September 10, 2002, 3:39PM S:\COU NCl L~Admins\Settlem entAg rNos2&5.CarverCarterColem an.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.s. TO: Honorable Mayor and City Council APP_EOVED / \ FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD ~.~i_~/ DATE: September 20, 2002 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Amendment No. 1 to Agreement No. 02-042 with Bakersfield Senior Center for $ 77,000 in additional HOME Investment Partnership (HOME) - Community Housing Development Organization (CHDO) funds to comptete clearance, demolition, and relocation for an eighty unit Senior Housing Project located at R and 5th Street. (WARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: On February 20, 2002, the Bakersfield Senior Center (BSC), a qualified Community Housing Development Organization (CHDO), received $495,000 in HOME CHDO funds for acquisition, clearance and relocation assistance for 80 housing units (79 - 1 bedroom units and 1 - 2 bedroom unit). The 80 units will be located at R and 5~h streets on a 2.6 acre site. The construction will be financed from HUD's Section 202 grant program in the amount of $ 6.7 million. This program provides supportive housing to very Iow income seniors 62 years age or older. The project is a joint venture between Bakersfield Senior Center and the Retirement Housing Foundation (RHF). City HUD funds are not involved with the construction of the project. Over the past year staff has been assisting BSC by providing acquisition and relocation assistance. Eight tenants remain to be relocated (HUD 90 Day Notices to Vacate by October 17 have already been issued) and two multi-family structures and related site appurtenances still need to be demolished. From the original $495,000 project budget approximately $50,000 remains to complete these activities. To date, $19,000 has been expended for tenant relocation and moving expenses, and another $426,000 has been expended for acquisition of properties that make up the 1.3 acres site located at R and 5~h streets (escrow closed September 4th and ownership was transferred to BSC. An additional $77,000 in funds is needed to complete the tenant relocation and demolition work called for in the contract. The project incurred this shortfall due to higher prices paid for property acquisitions than originally budgeted for and from a payment of relocation expenses to one owner- occupied property. S:~Admins\City Council\BSC Housing amend 1.doc 9/20/2002 9:08 AM ADMINISTRATIVE REPORT Page 2 The additional $77,000 needed for this amendment is available from FY 2002-03 CHDO funds which would allow this phase of the project to be completed by HUD's 202 November 30th deadline. Public Works has completed the procurement process for a demolition contractor and is prepared to recommend contract award subsequent to the approval of this amendment. S:~Admins\City Counci[\BSC Housing amend 1.doc 9/20/20029:08 AM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. t.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September 9:, 2002 APPROVED DEPARTMENT HEAD CITY ATrORN EYq_./ CITY MANAGER Design of North Chester Avenue Bridge (Ward 2): 1. Amendment No. 3 to Agreement No. 97-346 with W. Koo & Associates, Inc. to increase compensation to Consultant by $28,240 (for a total contract amount of $781,274) for the design of North Chester Avenue Bridge - Southbound. 2. Appropriate $4,000 State funds to the Gas Tax Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Amendment and appropriation BACKGROUND: The City and W. Koo & Associates, Inc. entered into an agreement on December 17, 1997 for the preparation of plans, specifications and estimates for the seismic retrofit of six City bridges. The design of the North Chester Avenue Bridge, one of the six, has been delayed for several years due to the State's review and approval processes. The original compensation amount under this agreement has not been adjusted for inflation nor increases in labor cost since it was first signed on December 17, 1997. The Consultant has requested a 4% per year increase for the past three years on the remaining compensation amount ($235,346). This amendment would increase the Consultant's compensation amount by $28,240. Federal and State funding for the project will pay for this increase. September 9, 2002, 1:57PM G :\G ROU PDAT~AD MIN R PT~.002\Oct 2~Adm Rpt -Amend_3.doc PW Engr dc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager September 20, 2002 (,.~,PPROVED DEPARTMENT HEAD. ~ CITY ATTORN EY~__.,/~,..~ CITY MANAGER ~ Accept bid of $579,562.00 and award contract to Gantry Constructors, Inc. for "Northeast Bakersfield Water Supply Reservoir Phase 2 - Liner Installation" for the Water Resources Department. (Ward No. 3) RECOMMENDATION: Staff recommends acceptance of bid and award contract. BACKGROUND: This project is the next phase of the Northeast Bakersfield Water Supply project to provide drinking water to the northeast portions of the City. The earthen reservoirs have been constructed on 18 acres of land south of the Kern River, located between the California Living Museum and the Kern Soccer Complex. This phase is to install a waterproof liner in the reservoirs to seal from leakage and to provide erosion and weed control around the interior of the ponds. The reservoirs connect to the existing intake structure from the Kern River, provide water storage for the drinking water treatment plant (under construction) and will be the delivery point for irrigation water service to Hart Park and the Kern Soccer Complex. The engineers estimate was $605,000. Funds are available in the current Water Resources Department budget. Three bids were received on September 20, 2002 for this project. Two bids were acceptable. The apparent Iow bid, from Colorado Lining International, Inc. was non-responsive due to the company's California contractors license was under suspension at the time of project bid. The next Iow bid was $1,181.40 higher. The results are as follows: Gantry Constructors, Inc. P.O. Box 845 Clarksdale, AZ 86324 ......................................................... in the amount of $579,962.00 C. W. Neal 8625 Argent St. Santee, CA 92071 .............................................................. in the amount of $591,528.00 FC:fc September 24, 2002, 9:16AM S:~2002 ADMIN REPORTS\OC02WT1CC.dot ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar IITEM: 8.v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 20, 2002 APPROVED DEPARTMENT "EAD(~-~'~ ~---~-'~ CITY ATrORNEY ~ CITY MANAGER ;/~,/ Accept bid to award contract to I~in Excavation ($30,000) for Demolition of improvements for the Bakersfield Senior Housing Project Center (Ward 1). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of demolition of: 1) two apartment buildings on the north side of 5th Street east of R Street; 2) all out-buildings, fences, patios and driveways on same half block; and 3) 5*h Street east of R Street for future needs of the Bakersfield Senior Housing Project Center. The Engineer's Estimate for this project was $54,800. Six acceptable bids were received on September 18, 2002 as follows: Irwin Excavation 11941 S. Union Ave. Bakersfield, CA 93307 County In the amount of $30,000.00 Gilliam & Sons, Inc. 9831 Rosedale Hwy. Bakersfield, CA 93312 City In the amount of $34,400.00 Kroeker, Inc. 4627 S. Chestnut Fresno, CA 93725 Out of town In the amount of $34,615.00 Valley Tree & Construction 4233 Quinn Road Bakersfield, CA 93308 County In the amount of $39,475.00 Concrete Cutting Unlimited, Inc. 3747 Gilmore Ave. Bakersfield, CA 93308 County In the amount of $39,600.00 Abateco 850 Petro Road Bakersfield, CA 93308 County In the amount of $50,400.00 September 20, 2002, 11:12AM G:\GROUPDAT~ADMINRPT~2002\Oct 2\Demolition Bakersfield Senior Center2.dot ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 20, 2002 Accept bid from FS3, $25,463.83, for fire hose. APPROVED DEPARTMENTHEAD /'~//~' CITY MANAGER RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eighteen (18) vendors. were received as follows: FS3 P.O. Box 10817 Santa Ana, CA 92711 L. N. Curtis & Sons 1800 Peralta Street Oakland, CA 94607 in the amount of in the amount of Water-Ways Irrigation 20935 Stockdale Highway Bakersfield, CA 93312 (County) in the amount of Three (3) acceptable bids $25,463.83 $26,655.92 $35,784.69 September 20, 2002, 11:20AM PURCHASING DIVISION / DW:ljm P:~ADMIN\2002 ADMIN\C02_1002_C_Fire Hose.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 20, 2002 APPROVED DEPARTMENT HEAD ~ CITY MANAGER Accept bid to award annual contract to Oscar Hargis and Son, not to exceed the budgeted amount of $170,000.00, for hauling and spreading dried Biosolids at the wastewater treatment plants. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used by the City to remove and spread Biosolids from the wastewater treatment plants. Invitations to bid were sent to nine (9) vendors and advertised in the newspaper. One (1) bid, from the current contract holder, a local business, was received. September 20, 2002, 10:22AM PURCHASING DIVISION / DW:Ijm P:~,DMIN~002 ADMIN~C02_1002_B_AC-Hauling & Spreading Biosolids.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8 .Y. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 23, 2002 CITY ATTORNEY ~'~'~-' CITY MANAGER SUBJECT: City Positions on League of California Cities Resolutions RECOMMENDATION: Committee recommends acceptance of recommendations. BACKGROUND: The Legislative and Litigation Committee met on September 23 to review the proposed League of California Cities annual resolutions. The resolutions, when approved by the General Assembly at the Annual Conference, will provide important policy guidance for the League during the upcoming year. In its meeting, the Legislative and Litigation Committee reviewed information and took a position for each resolution regarding whether or not to support, oppose or remain neutral. The Committee's recommendations for the 10 proposed resolutions are: Approve: Resolutions 1,2, 4, 5, 7, 8, 10 Disapprove: Resolution 9 Neutral/No Action: Resolution 3 and 6 The Committee is forwarding these recommendations to Council for approval and direction to the City's Conference Voting Delegate to vote accordingly. As the City's representative, the Voting Delegate has the authority to forward the Council's agenda as proposed resolutions change during the course of the Annual Conference, in keeping with the Council's historical directive. The resolutions must be acted upon tonight in order for the Voting Delegate to be given Council direction in time for the League's Annual Conference October 2-5, 2002. September 23, 2002, 3:20PM P:\L&L~Admin Reports~ADM02-10-02-1-LeagueResolutions.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.z. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD DATE: September 20, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 11 (FY 98/99), Amendment No. 5 (FY 01/02), and Amendment No. 1 (FY 02/03). Wards 1 & 2 RECOMMENDATION: Staff recommends approval. BACKGROUND: In compliance with HUD regulations, any significant change or addition to the approved CDBG program or project must undergo an amendment process which includes obtaining citizen views and comment on the proposed change. The proposed amendments affect CDBG program funds from FY 98/99 ($243,000), FY 01/02 ($200,000), and FY 02/03 ($65,000). The amendments are needed to better reflect the program and budget needs for key department initiatives for the current year. The proposed amendment will reallocate $235,000 from FY 98/99 designated for the Casa Loma #6 Storm Drain Project to the Jefferson Park Swimming Pool Rehabilitation project. The Casa Loma project, as originally proposed has been redesigned and funding will be considered in future allocations. The second proposed adjustment to the approved Action Plan will allocate $200,000 of program savings of various completed Capital Improvement Projects to the Jefferson Park Swimming Pool Rehabilitation Project. Also included in this amendment, will be the shifting of $235,000 from the approved $325,000 allocated for Acquisition and Demolition Program for Wards 1 and 2 specifically to the acquisition and demolition of substandard industrial/commercial properties for the 14th Street Aquatic Center project. The last amendment proposed with this action will reduce the funds allocated for the operational assistance for Bakersfield Police Southeast Satellite Office located at 11~h Street and Lakeview Avenue. This adjustment was originally included in the approved City budget but was not made to the FY 02/03 CDBG Action Plan submitted to HUD May 16, 2002. These amendments are consistent with the Section 108 loan application and funding plan approved by the City Council on June 12, 2002. SSAdmins\City Council\CITY COUNCIL ADMINISTRATIVE REPORT.doc 9/20/2002 10:18 AM ADMINISTRATIVE REPORT Page 2 A public notice was published September 15, 2002 to begin the 30-day public comment period for this amendment. To date, no public comments were received. S:gAdmins\City Council\CITY COUNCIL ADMINISTRATIVE REPORT.doc 9/20/200210:18 AM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: R.aa TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director September 19, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Appropriate $1.2 million CHFA loan, $434,178 Kern County Superintendent of Schools note proceeds and $315,000 fund balance to the Redevelopment Agency Downtown Project Area, Capital Improvement budget for the acquisition of approximately 7 acres located at 21st and R Streets for the Central Park Cottages Project. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: Several months ago, the Agency authorized staff to submit an application to the California Housing Finance Agency (CHFA) for a $2.0 million dollar 10 year deferred loan to assist in the development of downtown urban housing projects. The repayment of the loan was planned from the Downtown Redevelopment Project Area 20% housing set-aside funds. The CHFA loan program is designed to enable local jurisdictions to address specific housing needs and address housing affordability issues. Staff drafted the application to reflect the Agency's desire to borrow the CHFA funds to acquire land for a potential downtown single family project or rental projects and was notified that CHFA approved our loan request in the amount of $1.2 million. The CHFA loan we received is a 3% simple interest loan and is deferred for a period of 10 years. However, the loan may be repaid early at any time prior to the ten years without penalty and early repayment will significantly reduce the repayment costs. The Agency previously pledged the loan repayment from the Downtown Redevelopment Affordable Housing Fund. The Downtown fund currently generates approximately $300,000 annually of housing set-aside dollars Considered downtown in nature, the site selected by staff for the single family urban project is the 7.5 acres immediately north of Central Park and is technically located in the Old Town Kern-Pioneer Redevelopment Project Area. Staff is currently negotiating with two experienced housing developers for a unique urban cottage project and expects to bring a development agreement forward to the Agency in the next 60 days. Staff is now ready to move forward on the land purchase for the cottage project and is planning to use the CHFA loan funds awarded for this purpose. S:~Admins~City Council~Appropdationcottages rand purchase.doc 9/24/2002 3:26 PM ADMINISTRATIVE REPORT Central Park Cottages Background Page 2 The Housing Authority of the County of Kern (HACK) has an option agreement with the Kern Superintendent of Schools for approximately 12 acres north of Central Park on the old foundry site. HACK has assigned their option agreement for approximately 7.5 acres of the site to the Bakersfield Redevelopment Agency. The cost of this acquisition of the land required for the cottage project is estimated et $1,950,000, including closing costs. This site offers the best location for the downtown cottages development, as it is one of a few remaining large parcels downtown and is vacant and ready for development. The close proximity to the downtown elementary school and other downtown amenities also make this a good choice for the project location. Because we did not receive the full $2 million of CHFA loan funds required for the purchase of this site, it was necessary for staff to structure a financing arrangement with the Superintendent of Schools. This was achieved through the cooperation of all three parties and the willingness of the Superintendent of Schools to carry a financing note for a period of two years at the same 3% simple interest rate of the CHFA loan. Funding sources for the purchase are as follows: 1) the Kern County Board of Education has agreed to carry a secured note in the amount of $434,178 which will be paid off in the next two fiscal years from Downtown Housing Set-Asides. This note, at 3% simple interest will be due in two annual installments July 1, 2003 and July 1, 2004; 2) CHFA loan funds of $1.2 million will be used towards the purchase price of this land and will be paid off in 8 equal annual installments of $170,950, beginning in July 2005 from Downtown Housing Set Aside funds; and 3) this will leave a funding shortfall of approximately $315,000 required for the transaction. There are currently funds available in the Downtown Housing Set Aside Fund for this purpose. At the September 9, 2002 Redevelopment Agency meeting, the Agency approved the assignment of the Option Agreement from the Housing Authority of the County of Kern and authorized purchase of approximately 7.5 acres of land located near 21st and R streets. In addition, the Agency approved the agreement with the Kern County Board of Education to purchase this property in the amount of $1,934,178. This is an excellent opportunity to effectively leverage our Downtown Redevelopment Project Area Housing Set Aside funds towards the creation of quality affordable downtown housing. The Downtown Redevelopment Project area, adopted in 1972 can only incur new bond debt until January 1, 2004 and must have its debts repaid by 2022. This time frame severely restricts the use of traditional redevelopment bond financing mechanisms used by redevelopment agencies to generate capital for redevelopment projects. Coupled with this time restriction is the limited amount of Housing Set Aside funds generated annually (about $300,000) by the Downtown Redevelopment Project area that can be used to support a financing. The CHFA loan and Superintendent of Schools note is an outstanding financing opportunity for the Agency to undertake a project of this magnitude. This action today will significantly encourage the development of downtown housing alternatives for the citizens of Bakersfield. S:~AdminstCity Council~Appropdationcottages land purchase.doc 9/24/20023:26 PM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. bb TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief September 19, 2002 DEPARTMENT HEAD ATTORNEY CITY MANAGER APPRpVED Appropriate $12,000 in contributions from Hall Ambulance Service, Inc. to the Traffic Preemption Project within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: Hall Ambulance Service, Inc. contributed $12,000 to the City on August 19, 2002, for the purchase and installation of Opticom Pdodty Control Systems according to Agreement #96-245 (1). This is the seventh year of the agreement. Hail Ambulance Service, Inc. has contributed $109,600 since the inception of the agreement and will contribute $12,000 annually for the next eight years for the continued growth of the Traffic Signal Preemption System. The Traffic Signal Preemption System is shared by the Bakersfield Fire Department and Hall Ambulance Service, Inc. Kec P:~Admin Report~Hall Ambulance October 2002.doc 911912002 ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent ITEM: 8. cc. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manage DEPARTMENT HEAD September 23, 2002 CITY ATTORNEY CITY MANAGER APPROVED City Manager's employee request to extend medical leave without pay beyond one hundred-eighty days, pursuant to Municipal Code Section 2.84.560 - Sick Leave Depletion. RECOMMENDATION: Staff recommends approval. BACKGROUND: An employee in the City Manager's department has been on sick leave since March, 2002. The employee's physician has recommended the employee continue to be absent from work until April, 2003. As the employee's leave without pay will expire on 10/3/02 unless Council approves an extension, the employee is requesting an extension and staff recommends approval. September 24, 2002, 3:30PM ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. dd. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~t~' APPROVED Carroll Hayden, Human Resources Manager(~/~-DEPARTMENT HEAD ~ Cl~ MANAGER ~/ Revision to Police and Fire Civil Se~ice Rules & Regulations a) Rule 7.03 - Veteran's Preference (Police) b) Rule 8 - Veteran's Preference (Fire) RECOMMENDATION: Staff recommends approval of revision to Police and Fire Civil Service Rules and Regulations. BACKGROUND: The Police and Fire Civil Service Rules and Regulations have been updated to incorporate current terminology, state laws and clarify language to be consistent with actual practice. California Government Code Section 18973 defines a veteran as anyone who has served full time for 30 days or more in war or in peace in a campaign in which a medal has been authorized by the United States government, or has served 101 consecutive days since January 31, 1955, and who has been released under conditions other than dishonorable. The Central California Association of Public Employees endorses the revision. The Police Civil Service Board approved the revision on September 4, 2002 and the Fire Civil Service Board approved the revision on September 9, 2002. September 18, 2002, 5:08PM S:~ADMINRPT~Police & Fire CSR Revision-Veterans Pref. dot ADMINISTRATIVE REPORT rMEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. ee. TO: Honorable Mayor and City Council APPROVED FROM: Start Ford, Recreation and Parks Director DEPARTMENT HEAD DATE: September 24, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Authorization to schedule a joint meeting between the Citizen Community Services Advisory Committee ("CCSAC") and the City Council Community Services Committee RECOMMENDATION: Staff recommends approval of this request. BACKGROUND: The CCSAC is a Council-appointed committee that meets monthly to listen and evaluate citizen input on various issues as assigned by the City Council. Due to the regular meetings and active nature of the City Council Community Services Committee, the CCSAC has had very few issues sent their way over the past few years. As a result, it is difficult to get quorums for meetings, and relevant matters to place on the CCSAC agendas. At the last CCSAC meeting, the Committee requested that staff set up a joint meeting between the Committee and the City Council Community Services Committee to discuss whether the CCSAC should continue in existence and, if so, a way to make them more active in community/Council issues. VG:alj September 24, 2002, 8:55AM S:\COU NClL~Admins\CCSAC.JtMtg.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. ff. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory Klimko, Finance Director September 23, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Reduce appropriations $1,516,664 and increase interfund transfers $1,507,000 for Special Assessment District and related Public Financing Authority bond calls in September 2002 in various funds. RECOMMENDATION: Staff recommends approval of the budget changes related to September 2002 bond calls. BACKGROUND: During the budget cycle finance staff estimates the amounts to be available to call bonds in September of the ensuing year. The available amounts consist of unexpended bond proceeds, interest earnings and early payoff of the assessment liens. The actual amount available for bond calls in September following June 30 year end may vary significantly from the budget estimates made in the previous April due to the closing of construct accounts and early payoffs. klg September 23, 2002, 10:16AM S:~imG\Forms & Lables~Admin-AppropReducAssmnt&PFA.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Reports ITEM: 10.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 24, 2002 APPROVED MA.AGER Budget and Finance Committee Report 2-02 on Road Rehabilitation RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: Public Works staff made a presentation to the Budget & Finance Committee on September 12, 2002 regarding paving projects done by contractors and City forces. The Committee supported the Road Rehabilitation efforts of the Public Works Department. Attached is a summary of the key issues presented to the Committee. Staff recommends that the Council accept the attached Road Rehabilitation Report. September 24, 2002, 1:28PM G:\GROUPDA'r~ADMINRPT~2002\Oct 2\Road Rehabilitation Report.dot ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Reports TEM: lO.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 23, 2002 APPROVED DEPARTMENT HEAD /~'/~. CITY ATTORN YE~ CITY MANAGER Urban Development Committee Report number 3-02, regarding the sale of real property at 515 Truxtun Ave. RECOMMENDATION: Approve report from the Urban Development Committee and recommendations. 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 carried 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 Department 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. The Urban Development Committee will be considering this item at their September 27~h meeting and their recommendation will brought to the full Council. On September 19, 2002, the Bakersfield Planning Commission found this transaction consistent with the Metropolitan Bakersfield 2010 General Plan. September 24, 2002, 4:52PM P:~vlyFiles~Admin Reports\CVB.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION:. REPORT ITEM: 10. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks September 25, 2002 CITY MANAGER Resolution supporting the creation of a Veterans Memorial at Central Park. APPROVED DEPARTMENT HEAD ~.'-,~..0 CITY ATTORNEY RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: For approximately 11/2 years, department staff have been assisting the veterans group for a memorial in Bakersfield. Staff and the veterans group have identified Central Park as the most suitable for a veteran's memorial park. An informal group representing 60 veteran organizations has begun an effort to raise funds for construction of a proposed memorial. In an effort to assist the group, the City Council has been asked to support a resolution which identifies Central Park as the site for the proposed memorial. The resolution is also necessary to assist the Veterans in obtaining future grant applications. On September 25, 2002, the Community Services Committee directed staff to prepare the resolution in support of the Veterans memorial at Central Park for consideration by the full Council. September 25, 2002, 4:57PM C:\Documents and Settings~sforsyth\Local Settings\Temp\Vet Park Admin.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: NEW BUS[NESS ITEM: 12.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 23, 2002 Surplus Property APPROVED DEPARTMENT HEAD CITY A TTORNE~//~ CITY MANAGER ~' 1. Resolution declaring real property located at 907, 1001,1007, 1015, 1025 13th Street, 1275 "P" Street, and 1020/1022 Califomia Avenue surplus to needs of the City. 2. Agreement with D. W. Sivers Company to purchase 907, 1001,1007, 1015, 1025 13th Street, 1275 "P" Street, and 1020/1022 California Avenue for $531,000. (Ward 2) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: In the past two years, the City of Bakersfield has acquired seven properties south of the Convention Center that are outside the proposed Ice Rink/Aquatics Center boundaries. The properties consist of four single family homes whose owners expressed interest in selling their homes, two commercial properties who owners also expressed a desire to sell. Also, approximately three years ago the City acquired a property that was deemed to be blighted and the owner wanted to sell. D.W. Sivers Company has expressed an interest in acquiring these properties for a commercial development and has agreed to pay the City's cost to acquire these properties. On October 17, 2002, the Bakersfield Planning Commission will be asked to find this transaction consistent with the Metropolitan Bakersfield 2010 General Plan. September 24, 2002, 3:37PM P:\MyFiles~Admin Reports\Sivers.doc ADMINISTRATIVE REPORT MEETING DATE: October 2, 2002 AGENDA SECTION: Reports ITEM: 10.b. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: September 27, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Urban Development Committee Report number 3-02, regarding the sale of real property at 515 Truxtun Ave. RECOMMENDATION: Urban Development Committee recommends approval. 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/Aquatice Center and needs to be vacated for the project. Further, the City of Bakersfield acknowledges the importance of the activities carried 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 Department 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 found this transaction consistent with the Metropolitan Bakersfield 2010 General Plan. This item was referred to the Urban Development Committee to review the proposed agreement with the Convention and Visitor's Bureau. The Committee reviewed the proposed project including issues of the visual compatibility of the new building to the existing Amtrak station, parking, circulation and future development of city owned property west of the site as an open space area. The Committee recommended adoption of the resolution declaring real property, located at 515 Truxtun Avenue, surplus to needs of the City and approval of the 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. Staff will be providing additional information at a later date regarding possible changes to parking along 'T' Street and conceptual plans for the future development of the adjacent open space area by the City. September 27, 2002, 1:40PM P:~lyFiles~Admin Reports\CVB.doc ADMINISTRATIVE REPORT IMEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calender ITEM: 8.'I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 5, 2002 APPROVED DEPARTMENT HEAD CITY ATTORN YE~/~'--~, CiTY M ANAG E R("-~_/_ ,~' '_ '--'~.~'~? 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 carried 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. DMA~s September 11, 2002, 10:37am P:WlyFiles~Admin Reports\CVB admin.wpd