HomeMy WebLinkAbout04/09/2003 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF APRIL 9, 2003
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
(30 min)
PREMEETING
1. ROLL CALL
2. WORKSHOP
a. Ambulance Rate Review - Rate Modification Study and Consumer Price Index
Analysis (Asst. City Manager, John W. Stinson)
3. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager, Closed Session pursuant
to Government Code Section 54957
REGULAR MEETING
1. INVOCATION by Pastor Ed Boschman, Laurelglen Bible Church
2. PLEDGE OF ALLEGIANCE by Jillian Pierre, 6~ Grade Student, Leo B. Hart Elementary
School
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Angle Tdgueiro, Bakersfield
Association of Realtors, proclaiming Apdl, 2003, as "Fair Housing Month".
b. Presentation by Mayor Hall of Proclamation to representatives of the Keep
Bakersfield Beautiful Committee, proclaiming Apdl, 2003, as "Keep Bakersfield
Beautiful Month".
6. PUBLIC STATEMENTS
7. APPOINTMENTS
0Nard 1,7)
Two appointments to Planning Commission due to the resignation of Ron Sprague
and the expiration of term of Tom McGinnis, terms expire Apdl 30, 2003.
0Nard 4,5)
Two appointments to Historic Preservation Commission, due to the expiration of
terms of Timothy Scanlon and Scott Fieber, terms expire March 30, 2003.
Two appointments to the Bakersfield Redevelopment Agency due to the expiration
of terms of Frederick Prince and Shidyn Davenport, terms expire April 22, 2003.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of Regular Council Meeting March 26, 2003.
Payments:
Approval of department payments from March 14, 2003 to March 27, 2003 in the
amount of $6,341,266.62 and self insurance payments from March 14, 2003 to
March 27, 2003 in the amount of $261,716.64.
Ordinances:
First Reading of Ordinance amending Bakersfield Municipal Code Chapter 5.32
relating to Massage Establishments.
(Ward 5)
First Reading of Ordinance adopting the Negative Declaration and amending
Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map
123-09 from R-3 (Limited Multiple Family Dwelling) to R-3 (Limited Multiple Family
Dwelling) zone with a CH (Chumh) overlay on 2.71 acres located at 3200 Gosford
Road (northeast corner of Gosford Road and South Laurelglen Blvd.) (ZC 03-0017)
(Ward 5)
First Reading of Ordinance adopting the Negative Declaration and amending
Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map
123-20 from A-20A (Agriculture-20 acre minimum lot size) to R-1 (One Family
Dwelling) zone on 40.88 acres located at the southeast corner of Pacheco Road
and Old River Road. (ZC 03-0016)
Resolutions:
(Ward 2)
Amendment No. 1 to Resolution No. 063-01 establishing Underground Utility Distdct
No. 2, Division 28 (California & R)
Resolution to approve the submission of a ($100,000) grant application to fund
necessary planning and feasibility studies to establish an Off-Highway Vehicle
Recreation Area in or near Metropolitan Bakersfield.
8. CONSENT CALENDAR continued
(Ward 4,5,6)
(Ward 1)
(Ward 4,5)
Agreements:
Agreement with American Red Cross, Kern Chapter, a non-profit, 501(c)(3) tax
exempt organization, to pumhase twelve (12) surplus computers from the City for
$1.00 each, for a total of $12.00.
Agreements with Launer & Associates to appraise properties within Assessment
District No. 03-1 ($25,000.00) and Assessment Distdct No. 03-2 ($25,000.00)
Amendment No. 2 to Agreement No. 00-173 with Mclntosh & Associates for On-call
Inspection Services for various construction projects (extends term - no change to
total compensation).
Amendment No. 2 to Agreement No. 00-174 with T. W. Collins Associates for On-
call Inspection Services for various construction projects (extends term - no change
to total compensation).
Agreement with William Avery and Associates for City Attorney Executive Search.
(not to exceed $25,000.00)
Amendment No. I to Agreement No. 03-050 for banking services with Bank of
America, NA.
Agreement with California Water Service Company to relocate existing water line
at the Aquatic Center site. ($72,906.00)
Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Castle & Cooke Califomia,
Inc. for Tract 6087, Phase D located north of White Lane and west of Buena
Vista Road.
Final Map and Improvement Agreement with Communities at Westlake, LLC
for Tract 6077, Unit 4 located north of Olive Ddve and west of Calloway
Drive.
Final Map and Improvement Agreements with Bakersfield Avalon, LLC for
Tract 5968, Unit 3 located north of Olive Drive and east of Old Farm Road.
0Nard 1)
CONSENT CALENDAR continued
Community Development Block Grant (CDBG) Action Plan, Amendment No. 5 (FY
02/03), Amendment No. 7 (FY 01/02), Amendment No. 8 (FY 00/01), Amendment
No. 11 (FY 99/00), Amendment No. 13 (FY 98/99), Amendment No. 11 (FY 97/98),
and Amendment No. 18 (FY 96/97).
Transfer and appropriate $304,632.00 from the CDBG Operating Budget to
the Municipal Debt Service Fund for the eady repayment of the Convention
Center Section 108 Loan.
2. Transfer $181,500.00 uncommitted CDBG Funds to the Capital
Improvement Budget for the acquisition of 713 Lake Street.
Purchase Agreement with Community Service Organization to purchase real
property located at 713 Lake Street ($330,000.00)
Bids:
Accept bid from Mel Clayton Ford, $68,637.85, for two gardening trucks with dump
beds for the Parks Department (additional).
Accept bid from Denver Solutions Group, $38,556.38, for IBM Total Storage LTO
tape library for the Information Technology Division.
Miscellaneous:
t. Revised Job Specification: Motor Sweeper Operator.
u. Demolition and Paving for Parking Lots.
Appropriate and transfer $53,275.00 improvement reimbursements in the
Capital Outlay Fund to the Offstreet Parking Fund for demolition/paving at
1311 "O" Street for additional parking.
Transfer $20,750.00 appropriations in the Capital Outlay Fund to the
Recreational Facilities Fund for demolition/paving at 930 California Avenue
for Assistance League replacement parking.
Accept $5,000.00 from State Farm Insurance Companies for a Hazard House for
the Fire Department's Juvenile Firesetter's Program and appropriate $5,000 to the
Fire Department operating budget within the General Fund.
Staff recommends adoption of Consent Calendar items a through v.
4
9. HEARINGS
(Ward 7)
Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Parcel Map 10927 and denying the appeal by Richard L Hardman,
representing Bakersfield Citizens for Local Control, located on the east side of
Highway 99 and north of Panama Lane.
Staff recommends adoption of the resolution upholding the Planning Commission's decision
approving the Vesting Tentative Parcel Map 10927 and denying the appeal.
0Nard 5)
Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Parcel Map 10938 and denying the appeal by Richard L. Hardman,
representing Bakersfield Citizens for Local Control, located on the southwest corner
of Gosford and Pacheco Roads.
Staff recommends adoption of the resolution upholding the Planning Commission's decision
approving the Vesting Tentative Parcel Map 10938 and denying the appeal.
10. REPORTS
a. City Manager Oral Report No. 2-03 - Budget Update (City Manager, Alan Tandy)
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL AND MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
TO:
FROM:
THROUGH:
SUBJECT:
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CITY MANAGE~/'~/
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - APRIL 9, 2003 COUNCIL MEETING
April 4, 2003
PRE-MEETING
There is one workshop, which is a review of the ambulance rate modification study and consumer
price index analysis by John Stinson, Assistant City Manager.
There is one closed session item, which is the annual performance evaluation of the City Manager.
APPOINTMENTS
There will be two appointments to the Planning Commission, two appointments to the Historic
Preservation Commission, and two appointments to the Bakersfield Redevelopment Agency.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 8c. Ordinance Amendinq the Municipal code relatinq to Massaqe Establishments. After several
meetings with the Legislative and Litigation Committee, and several meetings between
representatives of the Massage Industry and the Police Department, a proposed new ordinance
regulating Massage/Bodywork Establishments and Massage/Bodywork Practitioners was developed.
This proposed ordinance contains more extensive background checks, more regulation of the
establishments and the practitioners, and a more comprehensive process for issuance and renewal of
permits. The Industry felt that such enhanced regulation was beneficial to the reputation of the
Industry, but also wanted to obtain more flexibility in the business than currently exists.
One issue which the Police Department and the Industry could not agree upon was whether mobile
massage, now defined in the proposed ordinance as "off-premises private" massage/bodywork, would
be allowed in the City. The industry wanted off-premises private massages to be allowed, with certain
restrictions, but the Police Department was against this provision. This opposition was based upon:
1) safety issues for the massage/bodywork practitioner; 2) a staff limitation resulting in a significant
inability to enforce the law; and 3) the opinion that it would allow for a proliferation of illegal prostitution
activity.
HONORABLE MAYOR AND CITY COUNCIL
APRIL 4, 2OO3
PAGE 2
The Legislative and Litigation Committee heard the positions of both the Industry and the Police
Department at its meeting of March 10, 2003. The Committee decided to adopt the position of the
Police Department which would prohibit off-premises private massage/bodywork services. The
proposed ordinance does allow off-premises public massage/bodywork, with specified restriction. The
Legislative and Litigation Committee recommend first reading of the ordinance.
A letter from Renbe Nelson was received by the Council requesting that the Police Chief provide a
two-year grace period before the home massage restriction is enforced. The current ordinance
provides no such grace period and the Police Department recommends it remain unchanged.
Resolutions:
Item 8q. Resolution to Approve the Submission of a Grant Application to Fund Necessary
Planninq and Feasibility Studies to Establish an Off-Hiqhway Vehicle Recreation Area. During the
development of the Northeast Bakersfield Open Space Area, commitments were made to the
participating groups that an effort would be made to establish an off-road vehicle recreational area
to replace the area lost to urbanization. Staff was directed to compete for a grant towards the
planning and feasibility of establishment of an off highway vehicle recreation area. The grant will
ask for $100,000, which will be spent on the feasibility work necessary to acquire a site located
within reasonable proximity to the Metropolitan Bakersfield area.
Aqreements:
Item 8j. Amendment No. 2 to Aqreement No. 00-173 with Mclntosh & Associates for On-call
Inspection Services for Various Construction Proiects. The origina~ Agreement, approved in June of
2000, was for the consultant to provide construction inspection services for Public Works projects for
the following two fiscal years. This is needed because the demand for Public Works construction
inspection services, both for subdivisions and Capital Improvement Projects, exceeds staff resources.
This amendment will extend the period of the contract until December, 2003, and will not involve
additional compensation.
Item 8k. Amendment No. 2 to Aqreement No. 00-174 with T. W. Collins Associates for On-call
Inspection Services for various construction projects. This Amendment has the same criteria as Item
81., above, and also will not involve additional compensation.
Item 81. Aqreement with William Avery and Associates for City Attorney Executive Search in an
amount not to exceed $25,000. Staff received four bids from search firms. The lowest bidder did not
include advertising in their expenses, which can significantly increase the amount paid. The second
lowest bidder is William Avery and Associates. His fees have a "not to exceed" amount which
includes advertising. He also has City Attorney recruitment experience and a 20-year history with the
City as a consultant. Staff recommends the contract be awarded to Bill Avery and Associates.
Item 8n. Aqreement with California Water Service Company to relocate existinq water line at the
Aquatic Center site in the amount of $72,906. It is necessary to relocate an existing water line that
interferes with the pool location at the Aquatic Center site. In addition, the extension of this water line
is needed to provide water for new fire hydrants to be installed for the Aquatic Center and Ice Facility.
An Agreement has been reached with California Water Service Company in the amount of $72,906.
Item 8p. Community Development Block Grant (CDBG) Action Plan, Amendment No. 5 (FY 02/03),
Amendment No. 7 (FY 01/02), Amendment No. 8 (FY 00/01), Amendment No. 11 (FY 99/00),
Amendment No. 13 (FY 98/99), Amendment No. 11 (FY 97/98), and Amendment No. 18 (FY 96/97).
The proposed amendments affect CDBG program funds. The amendments are needed to better
reflect the program and budget needs for key department initiatives for the current year. The
HONORABLE MAYOR AND CITY COUNCIL
APRIL 4, 2003
PAGE 3
proposed amendments will reallocate CDBG and HOME funds from various projects budgeted in FY
96/97, FY 97/98, FY 98/99, FY 99/00, FY 00/01, FY 01/02, and FY 02/03 to the following CDBG
eligible projects. Included as part of the Amendment are changes and additions to the City of
Bakersfield Recapture Guidelines for the Downtown In-fill Housing Assistance. The transfers are
being made primarily to respond to HUD's requirement that funds be expended in a timely manner.
Several projects have identified funding, but they have not moved forward for one reason or another.
So, staff is shifting funds now to meet the spending requirements.
Item 8q. Purchase Aqreement with Community Service Orqanization to purchase real property
located at 713 Lake Street in the amount of $330,000. One facet of the Old Town Kern Mixed Use
Project is the construction of 50 units of senior housing. The development requires the purchase and
removal of an older office building located at 713 Lake Street. Funding for this acquisition is from
Community Development Block Grants.
Miscellaneous:
Item 8u. Demolition and Pavinq for Parkinq Lots. The City has acquired several properties to
facilitate the Aquatic/Ice Rink Facility and to provide additional parking in downtown. Two of these
properties, located at 1311 "0" Street (additional parking) and 930 California Avenue (Assistance
League replacement parking), have improvements on them which need to be demolished and
replaced with a paved surface for parking purposes. Monies are available from the Borton Petrini
Tenant Improvement Reimbursement and savings on the project. Staff recommends appropriation of
$53,275 improvement reimbursements in the Capital Outlay Fund to the Offstreet Parking Fund for
demolition/paving at 1311"O" Street, and transfer of $20,750 appropriations in the Capital Outlay Fund
to the Recreational Facilities Fund for the demolition/paving at 930 California Avenue.
HEARINGS
Item 9a. Resolution upholdinq the decision of the Planninq Commission approvinq Vestinq Tentatiw
Parcel Map (VTPM) 10927 and denyinq the appeal by Richard L. Harriman, representinq Bakersfield
Citizens for Local Control. On February 20, 2003, the Planning Commission adopted a Resolution
conditionally approving the Parcel Map. This VTPM is located on the east side of Highway 99 and
north of Panama Lane. Richard L. Harriman, representing Bakersfield Citizens for Local Control, filed
an appeal on the grounds that the public health, safety and welfare will be adversely affected by the
proposed project.
As a side note, the Bakersfield Citizens for Local Control has filed a lawsuit challenging the adequacy
of the Environmental Impact Report (EIR) for the General Plan Amendment that allows this parcel
map. However, staff is of the opinion that the EIR is a valid and certified document appropriate as the
environmental document for approval of this parcel map. Staff recommends the Council uphold the
Planning Commission's decision and approve VTPM 10927 with conditions and mitigation measures,
which have been agreed to by the applicant, end deny the appeal.
Item 9b. Resolution upholdinq the decision of the Planninq Commission approvinq Vestinq
Tentative Parcel Map 10938 and den¥inq the appeal by Richard L. Harriman, representinq
Bakersfield Citizens for Local Control. On February 20, 2003, the Planning Commission also
adopted a Resolution conditionally approving this Parcel Map. VTPM 10938 is located on the
southwest corner of Gosford and Pacheco Roads. Richard L. Harriman, flied an appeal to the
Planning Commission's approval on the same grounds as those listed in Item 9a., above.
The appeal is based on 1) testimony and letters submitted during the February 12, 2003 City Council
hearing on General Plan Amendment/Zone Change; 2) the public, health, safety and welfare of the
HONORABLE MAYOR AND CITY COUNCIL
APRIL 4, 2003
PAGE 4
City will be adversely affected by the proposed subdivisions; and 3) significant environmental effects
were neither avoided nor mitigated, specifically urban blight and air quality impacts.
The City Attorney's Office has indicated that reference to previous testimony and letters submitted
during the February 12, 2003 hearing is not appropriate and not permitted to be included in testimony
for the hearing conducted on April 9, 2003, and should not be considered. The Bakersfield Citizens
for Local Control have also filed a lawsuit challenging the adequacy of the related EIR. Again, staff is
of the opinion that the EIR is a valid and cedified document appropriate as the environmental
document for approval of this parcel map.
Staff also recommends the Council uphold the Planning Commission's decision and approve this
Parcel Map with conditions and mitigation measures, which have been agreed to by the applicant, and
deny the appeal.
REPORTS
Item 10a. City Manaqer, Alan Tandy will qive a report on the condition in the current year budqet (FY
02-03) and preparations for next years budqet (FY 03-04).
AT:AC:al
cc: Department Heads
City Clerk's Office
News Media FiJe
ADMINISTRATIVE REPORT
MEETING DATE: April 9,2003
AGENDA SECTION: Workshop
ITEM: ~, ~,
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: April 1, 2003 CITY A'I-I'ORNEY
CITY MANAGER
SUBJECT:
Ambulance Rate Review - Rate Modification Study and Consumer Price Index Analysis
RECOMMENDATION:
BACKGROUND:
Pursuant to Council direction, staff has distributed the RFP for the Ambulance Rate Modification Study
to various professional consulting firms who specialize in this type of study. Additionally, a press
release was sent out and the RFP was put on the city's web site. Several local consultants also
requested copies of the RFP. We have received indications from about four consultants that they
intend to submit proposals and staff has responded to questions regarding the proposed study.
Proposals are due by April 4t~ at 4:00 p.m. and it is anticipated that interviews of the firms submitting
proposals can be held on April 8% Staff will provide a status report of the process at the April 9t~
Council meeting.
Staff has also been researching information regarding use of the Consumer Price Index (CPI) for
ambulance rate adjustments. A number of cities and county EMS agencies have been contacted
regarding rate regulation and the use of the CPI in setting rates. There are a variety of approaches to
using the CPI for rate regulation. Some counties use the west regional CPI, some use the nearest local
CPI (for example Contra Costa and Monterey use the San Francisco Bay Area CPI). Some counties
use a combination of annual CPI adjustment with periodic rate surveys ranging from every other year to
every five or so years to provide a basis for evaluating rates. In discussions with these agencies it was
common that a combination of categories was used for CPI adjustments. Typically, some combination
of the Transportation CPI component and the Medical or Medical Care Service CPI component were
used. Some areas (such as Los Angels and Ventura Counties) used the average of these two
components, an in a discussion with an EMS consultant, he indicated this is a common approach to
doing ambulance rate CPi adjustments. A fewer number of areas applied a percentage of each
component to produce a CPI factor (for example 25% of the Transportation CPI change, 50% of the
Medical Care Services CPI change, and 25% of the All Items CPI change).
Staff has also received an updated statewide ambulance rate survey prepared by the Ventura County
EMS director. In addition staff compiled a rate analysis for the survey cities typically used by our city.
In some cases there were rates set for a particular city, in many cases since those cities do not regulate
April 1,2003, 4:19PM
S:~JOHN\Projects~AMS~003 Ambulance rate review and CPI analysis administrative report. DOC
ADMINISTRATIVE REPORT
rates the county rates were used. Staff has prepared a rate analysis which shows the City's current
rates, the rates requested by Hall Ambulance (original and revised), the updated state survey average,
the survey cities, average, and finally the current city rates adjusted by the average of the increase in
Transportation and Medical Care Services CPI's for the West Urban area over the past three calendar
years of 10.7% for the Council's information.
April 1, 2003, 4:19PM
S:~JOHN'~Projects~,MB~003 Ambulance rate review and CPi analysis administrative report. DOC
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Closed Session
ITEM: .¢~, ¢.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 28, 2003
DEPARTMENT HEAD
CITY ATrORNEY
ClTY MANAGER
Public Employee Pedormance Evaluation -- City Manager
Closed session pursuant to Government Code section 54957
APPROVED
RECOMMENDATION:
BACKGROUND:
BJT:dll
March 28, 2003, 3:51 PM
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003 AGENDA SECTION: Presentations
ITEM: 5.0~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 28, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
I'
Presentation by Mayor Hail of Proclamation to Angie Trigueiro, of the Bakersfield
Association of Realtors, proclaiming Apdl, 2003, as "Fair Housing Month".
RECOMMENDATION:
BACKGROUND:
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March 28, 2003, 9:48AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003 AGENDA SECTION: Presentations
ITEM: ..~. b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 28, 2003
DEPARTMENT HEAD
CITY A'I-rORNEY
CITY MANAGER
~A~PROVED
Presentation by Mayor Hall of Proclamation to representatives of the Keep Bakersfield
Beautiful Committee, proclaiming April, 2003, as "Keep Bakersfield Beautiful Month".
RECOMMENDATION:
BACKGROUND:
ndw
March 28, 2003, 9:51AM
S:'~IAYOR~ADMIN~KEEP BAKERSFIELD BEAUTIFUL MONTH 03.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
IAGENDA SECTION: Appointments
ITEM: r~, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 1, 2003
.-, APPROVED
D EP AR TMENT HE AD~
CITY ATTORNEY
CITY MANAGER
Two appointments to the Planning Commission due to the resignation of Ron Sprague and
the expiration of term of Tom McGinnis, terms expire Apdl 30, 2003. 0Nards 1 & 7)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Planning Commission due to the resignation of Ron Sprague and the
expiration of term of Tom McGinnis. Mr. McGinnis has signed a declaration indicating he does not wish to
seek reappointment.
Applications to DI the expiring terms have been received from the following individuals:
· Cecilia Louise Johns
· Barbara Lomas
· Warren S. Moore
· John S. Spencer
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
The Ward 1 and Ward 7 appointments, pursuant to the ordinance, are to be made in April, 2003.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Councilmember.
Apdl 1, 2003, 3:12PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Appointments
ITEM: "/. ip,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 1, 2003
APPROVED
DEPARTMENT HEAD/~ ~
CITY ATTORNEY ~
CITY MANAGER ,¢~'/~
Two appointments to the Historic Preservation Commission, due to the expiration
of terms of Timothy Scanlan 0Nard 4) and Scott Fieber (VVard 5), terms expire
March 30, 2003.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Two appointments to the Historic Preservation Commission due to the expiration of terms of Timothy
Scantan (Ward 4) and Scott Fieber (Ward 5), whose terms will expire on March 30, 2003. The news
release for this recruitment was posted February 18, 2003. A declaration not wishing to seek
reappointment was received from Timothy Scanlan on March 4, 2003.
An application to fill the vacancy has been received from Scott Fieber.
The Historic Preservation Commission is an advisory body to the City Council. It is composed of nine (9)
members, nominated by Mayor/Councilmembers and confirmed by the full Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their four-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. in the Kress Building Third Floor
Conference Room, 19th & K Streets, Bakersfield California.
Apdl 1, 2003, 9:22AM
S:\Bds&Comm\HPCV~DMIN March 2003.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Appointments
ITEM: "~, ~,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 1, 2003
APPROVED
DEPARTMENT HEA[~ J _~,~_
CITY ATTORNEY ~
CITY MANAGER J~"~
Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms
of Frederick Prince and Shidyn Davenport, terms expire Apdl 22, 2003.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Two appointments to the Bakersfield Redevelopment Agency, due to the expiration of terms of Frederick
Prince and Shirlyn Davenport, terms to expire April 22, 2003.
Applications have been received from the following individuals:
· Shirlyn Davenport
· Warren S. Moore
· Frederick Prince
The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven
(7) members, appointed by the Mayor and approved by the Council. Agency members must be registered
voters and residents of the City throughout the reminder of their term.
The agency transacts business and exercises its powers under community redevelopment law. The
Bakersfield Redevelopment Agency has authority to approve all development agreements subject to
approval by the City Council two-thirds vote. Meetings are generally held the second Monday of each
month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue.
Apdl 1, 2003, 10:51AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~', 0~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
Apdl 2, 2003
APPROVED
DEPARTMENT HEAD///-~ ~/
CITY A'I'FORN EY
CITY MANAGER .~
Approval of minutes of the March 26, 2003 meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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Apdl 2, 2003, 2:20PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ,~, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 27, 2003
APPROVED
DEPARTMENT.EAD, :
CITY ATTORNEY
CITY MANAGER
Approval of department payments from March 14, 2003 to March 27, 2003 in the
amount of $6,341,266.62 and self insurance payments from March 14, 2003
to March 27, 2003 in the amount of $261,716.64.
RECOMMENDATION:
Staff recommends approval of payments totaling $6,602,983.26.
BACKGROUND:
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March 27, 2003, 4:48PM
S:\KimG\Forms & LabJes~ADMIN~AP.doc
ADMINISTRATIVE
REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
March 21,2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER
Ordinance amending Bakersfield Municipal Code Chapter 5.32 relating to Massage
Establishments
RECOMMENDATION:
The Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND:
During the Public Statements portion of the City Council meeting of March 6, 2002, a member of the massage
industry requested the City review its massage regulatory ordinance for the purpose of allowing "mobile
massage." The current ordinance prohibits the providing of massage services outside of a permitted
massage establishment. The issue was referred to the Legislative and Litigation Committee for review.
After several meetings with the Committee, and several meetings between representatives of the massage
industry and the Bakersfield Police Department, a proposed new ordinance regulating Massage/Bodywork
Establishments and Massage/Bodywork Practitioners was developed. This proposed ordinance contains
more extensive background checks, more regulation of the establishments and the practitioners, and a more
comprehensive process for issuance and renewal of permits. The Industry felt that such enhanced regulation
was beneficial to the reputation of the industry, but also wanted to obtain more flexibility in the business than
currently exists.
One issue which the Police Department and the industry could not agree upon was whether mobile massage,
now defined in the proposed ordinance as "off-premises private" massage/bodywork, would be allowed in the
City. "Off-premises private" massage/bodywork is defined as performing massage/bodywork services for a
fee or other compensation at a location other than the massage/bodywork establishment and the client may
be clothed or unclothed. This differs from "off-premises public" where the client must remain clothed. The
industry wanted off-premises private to be allowed, with certain restrictions, but the Police Department was
against this provision. This opposition was based upon: 1) safety issues for the massage/bodywork
practitioner; 2) a staff limitation resulting in a significant inability to enforce the law; and, 3) the opinion that it
would allow for a proliferation of illegal prostitution activity.
The Legislative and Litigation Committee heard the positions of both the Industry and the Police Department
at it meeting of March 10, 2003. The Committee decided to adopt the position of the Police Department
which would prohibit off-premises private massage/bodywork services. The proposed ordinance does allow
off-premises public massage/bodywork, with specified restriction. The Legislative and Litigation Committee
recommend first reading of the ordinance.
BJT:dll
S:\COUNCIL~dmins'tMassage Ordinance cioc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent
ITEM: ~, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 24, 2003
~,PRR~ED
DEPARTMENT HEAD / ~/
CITY A'I-rORNEY
CITY MANAGER
An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of
Title 17 of the Bakersfield Municipal Code and Zoning Map 123-09 from R-3 (Limited
Multiple Family Dwelling) to R-3 (Limited Multiple Family Dwelling) zone with a CH
(Church) overlay on 2.71 acres located at 3200 Gosford Road; northeast corner of
Gosford Road and South Laurelglen Blvd. (ZC 03-0017). 0Nard 5).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
The Planning Commission heard this requested zone change on March 6, 2003. The request is to
change the zoning from R-3 (Limited Multiple Family Dwelling) to R-3 CH (Limited Multiple Family
Dwelling-Church Overlay). The site is an existing church located on a 2.71 acre parcel. The site
contains a 5,570 square foot sanctuary with seating for 299 people. In addition to the classroom
buildings, there is a 4,948 square foot multi-purpose building on-site. Approximately 112 off-street
parking spaces are provided on-site.
The applicant is requesting this zone change to add the CH (Church) overlay to the parcel. The
CH overlay would allow construction of church buildings (sanctuaries and Sunday school
classrooms) and allow other church related activities such as unlighted playfields by right. The CH
overlay would not permit uses such as child care facilities and private schools by right.
The reason for the request for the CH overpay is to allow the church congregation to construct
buildings as the needs of the church dictate without being subject to the expiration of conditional
permits. Building height, distance between buildings and yard setback requirements would remain
the same as for the R-3 zone (BMC 17.36.030 B).
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on
February 12, 2003, in accordance with CEQA.
No one spoke in opposition to the proposed zone change at the Planning Commission hearing.
LP
Admin\4*9-0017
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent
ITEM: ~. 6.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 24, 2003
CITY MANAGER
An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of
Title 17 of the Bakersfield Municipal Code and Zoning Map 123-20 from A-20A
(Agriculture- 20 acre minimum lot size) to R-1 (One Family Dwelling) zone on 40.88
acres located at the southeast corner of Pacheco Road and Old River Road.(ZC 03-
0016). (Ward 5).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This zone change would permit the expansion of residential zoning for the development of single
family residences on the site. The Planning Commission heard the requested zone change on March
6, 2003 concurrently with an application to subdivide the property into residential lots. The applicant
has agreed to all conditions and mitigation for the project.
The site has not been in agricultural use for several years. No Williamson Act contract exists on the
subject property. The site is surrounded on three sides with proposed and existing urban residential
development. The proposed zone change brings the property into consistency with the Low Density
Residential General Plan designation.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on February
12, 2003, in accordance with CEQA.
No one spoke in opposition to the proposed zone change at the public hearing.
LP
Admin\apr~4-9-0016
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Hearings
ITEM: <~ ,qt.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 21, 2003
.~A~PROVED
DEPARTMENT HEAD //K ~
CITY ATTORNEY ~
CITY MANAGER '/L~_ /
Amendment No. I to Resolution No. 063-01 Establishing Underground Utility District No. 2,
Division 28 (California & R). 0Nard 2)
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City Council approved Resolution No. 063-01 on May 16, 2001 establishing
Underground Utility District 2, Division 28 (California & R) to underground all overhead utitity lines in the
area of the proposed stadium and City Center projects. It also set a date of March 15, 2002 for all
underground work to be completed. Since that time development plans have changed. Current
development plans include only the aquatic center and ice rink.
This resolution establishes phase 1 within the existing district so that only overhead utility lines within the
area of the aquatic center and ice rink will be undergrounded. It also fixes January 15, 2004 as the date
when all underground work is to be completed within phase 1.
The district will be constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also
be used, if necessary, to pay for private panel conversions.
Lvd
March 20, 2003, 2:08PM
S:\PROJECTS~Underground~Admin~-28amend03.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent
ITEM: ~',~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 1,2003
DEPARTMENTHEAD~______~
c,Ty
CITY MANAGER
SUBJECT:
Resolution to approve the submission of a ($100,000) grant application to fund necessary
planning and feasibility studies to establish an Off-Highway Vehicle Recreation Area in or
near Metropolitan Bakersfield. (All wards)
RECOMMENDATION:
Adopt resolution.
BACKGROUND:
During the development of the Northeast Bakersfield Open Space Area, it was recognized that a
large area used for casual off-road use was going to be supplanted. Commitments were made
to the participating groups that the city would help establish an off-road vehicle recreational area
to replace the area lost to urbanization. This grant effort represents a necessary primary step
toward that goal.
After considerable correspondence with the State of California, Department of Parks and
Recreation, that agency charged with this type of recreation, direction was given that we should
compete for a grant towards the planning and feasibility of establishment of an off highway
vehicle recreation area. The grant will ask for $100,000.00.
The money will be spent on the feasibility work necessary to acquire a site located within
reasonable proximity to the Metropolitan Bakersfield area. Investigation of environmental
constraints, stakeholder participation, and off highway vehicle park site criteria assessment are
some of the various items which need to be investigated in this phase of the process to
establish an off-highway vehicle recreation area.
MG:pjt
Admin\apr\4-9-orv
MEETING DATE: April 9, 2003
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: ~' h'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 19, 2003
APPROVED
DEPARTMENT HEAD ~ c~ ~
CITY ATTORNEY ~
CITY MANAGER ~
Agreement with American Red Cross, Kern Chapter, a non-profit, 501(c)(3) tax exempt
organization, to purchase twelve (12) surplus computers from the City for $1.00 each, for a
total of $12.00.
RECOMMENDATION: Staff recommends sale of surplus computers.
BACKGROUND: The Finance Director has received a request from the American Red Cross, Kern
Chapter, to buy twelve (12) surplus, used computers. Bakersfield Municipal Code section 3.20.120F
provides for this action and states that any safe 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.
Purchasing Division
DW:ljm
P:~A, DMIN~003 ADMIN\C03_0409_A_Sale of Surplus Computers.doc
March 19, 2003, 4:42PM
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: '~,1'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory j. Klimko, Finance Director
March 19, 2003
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER,
Agreements with Launer & Associates to appraise properties within Assessment District No.
03-1 ($25,000.00) and Assessment District No. 03-2 ($25,000.00) 0Nards 4, 5 & 6)
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND:
Assessment Distdct No. 03-1 is being formed at the request of Castle & Cooke California, Inc. pursuant
to the Municipal Improvement Act of 1913 and Council Resolution No. 078-02. The developments are
called: Bdghton Place, located south of the West Side Parkway between Calloway and Allen Roads;
Silver Creek, located south of Hams Road, north of Panama Lane, between Akers Road and Reliance
Drive; and Seven Oaks located south of Ming Avenue, north of White .Lane, between Buena Vista' and
Allen Roads.
Assessment Distdct No. 03-2 is being formed at the request of Centex Homes pursuant to the
Municipal Improvement Act of 1913 and Council Resolution No. 078-02. The developments are called:
Buena Vista Ranch, located south of Hams Road, north of Panama Lane, between Mountain Vista
Drive and Buena Vista Road; Belsera, located south of south of Snow Road, north of Reina Road,
between Calloway Ddve and Allen Road; and Montara, located south of south of Snow Road, north of
Reina Road, between Calloway Ddve and Allen Road.
In order to effectuate the formation of these districts it is necessary to have appraisals prepared to
ensure there is sufficient collateral to secure the debt being created by the districts. Launer &
Associates, a local MAI appraisal firm was selected to prepare the appraisals for a fee not to exceed
$25,000.00 each.
March 19, 2003, 4:47PM
P:UMyFiles~Admin Reports~Asmt Dist.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
TEM: ~ ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 25, 2003
APPROVED
DEPARTMENT HEAD ~,~_
CiTY A'I-I'O R N E y,,_.//~'~-~--
CITY MANAGER
SUBJECT:
Amendment No. 2 to Agreement No. 00-173 with Mclntosh & Associates for On-call
Inspection Services for Various Construction Projects (amendment extends term - no
change to total compensation).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Throughout the year, the demand for Public Works construction inspection services,
both for subdivisions and Capital Improvement Projects, exceeds staff resources. Agreement No. 00-173
with Mclntosh & Associates was approved by Council on June 28, 2000. This agreement was for the
consultant to provide construction inspection services for Public Works projects for the following two fiscal
years.
Amendment No. 1 to Agreement 00~173 was approved by Council on July 31, 2002 which extended the
period of the agreement six months and provided for an increased hourly rate. The extension was needed
due to the poor response to a May, 2002 Request for Qualifications for On-call inspection services. The
hourly rate increase reflected cost-of-living increases, inflation, and current market conditions since June,
2000.
This amendment will extend the period of the contract until December, 2003.
sip
March 26, 2003, 1:58PM
G:\GROUPDAT~,DMINRP'r~003\04-09~Amend 2 agree 00-173.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ~.o
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ~
March 25, 2003
CITY ATTO R N E Y~.,,~"'~-~-
CITY MANAGER
Amendment No. 2 to Agreement No. 00-174 with T. W. Collins Associates for On-call
Inspection Services for Various Construction Projects (amendment extends term - no
change to total compensation).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Throughout the year, the demand for Public Works construction inspection services,
both for subdivisions and Capital Improvement Projects, exceeds staff resources. Agreement No. 00-174
with T. W. Collins Associates was approved by Council on June 28, 2000. This agreement was for the
consultant to provide construction inspection services for Public Works projects for the following two fiscal
years.
Amendment No. I to Agreement 00-174 was approved by Council on June 26, 2002 which extended the
period of the agreement six months and provided for an increased hourly rate. The extension was needed
due to the poor response to a May, 2002 Request for Qualifications for On-call inspection services. The
hourly rate increase reflected cost-of-living increases, inflation, and current market conditions since June,
2000.
This amendment will extend the period of the contract until December, 2003.
sip
March 26, 2003, 1:58PM
G:\GROUPDAT~ADMINRPT'~2003\04-09~Amend 2 agree 00-174.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent
ITEM: '~. I.
./
TO: Honorable Mayor and City Council h~.X~/ APPROVED
FROM: Carroll Hayden, Human Resources Manager~'t,~)'DEPARTMENT HEAD
DATE: March 28, 2003 CITY ATTORNEY
SUBJECT:
Agreement with William Avery & Associates for Executive Search for City Attorney, Notto
Exceed $25,000
RECOMMENDATION:
Staff recommends approval of the contract.
BACKGROUND:
Staff received 4 bids from search firms in response to a letter soliciting bids for the recruitment of a
City Attorney. These firms are Ralph Anderson, Maximus, Bob Murray & Associates, and William
Avery & Associates. The bids were compared on the most salient points. This analysis is attached.
Ralph Anderson does not include advertising in their expenses, which can significantly increase the
amount paid. Additionally, they do not have recent experience recruiting a City Attorney, which may
or may not be significant.
Maximus does not have a Not to Exceed Amount in their proposal, nor do they have a replacement
guarantee, if the individual hired must be terminated or leaves on their own within a certain time
frame.
Bob Murray does not have a Not to Exceed Amount, does not include advertising in his estimate and
does not have recent City Of Bakersfield experience. His last placement experience with us was Judy
Skousen as City Attorney, when working with David M. Griffith & Associates.
Bill Avery has the second least expensive fee, with a Not to Exceed amount which includes
advertising. He does have very recent City Attorney recruitment experience, a 20year history with the
City as a consultant, and he fairly recently placed our Risk Manager with us.
Based on the information above, I would recommend going with Bill Avery & Associates.
March 28, 2003, 3:40PM
S:~ADMINRPT~CA Search.dot
MEETING DATE: April 9, 2003
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent
TEM: ~. ~,
Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 28, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNE~~
CITY MANAGER
Amendment (1) to Agreement No. 03-050 for banking services with Bank of America, NA.
RECOMMENDATION: Staff recommends approval of Amendment (1) to Agreement No. 03-050 for
banking services with Bank of America, NA.
BACKGROUND: On March 12, 2003 Agreement No. 03-050 with Bank of America, NA,for banking
services was approved. Subsequent to approval,the bank realized that the Authorization and
Agreement for Treasury Services (terms and conditions) was not included. They requested that it be
included. This amendment (1) adds the authorization to the agreement as Exhibit C. The
authorization was executed on September 20, 2001, prior to the most recent agreement for banking
services. This amendment merely brings this authorization (Exhibit C) into the banking services
agreement so that all banking services may be administered under one agreement. The cost of
banking services is not affected by this amendment.
kgearhar Page 1 3~28/2003
S:\KimG\Bill~Admin - BankingRFPAmendment.doc
ADMINISTRATIVE REPORT
IMEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~.lq.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 27, 2003
APPROVED
DEPARTMENT HEAD~.~.~
CITY ATTORNEY
CITY MANAGER /~/
Agreement with California Water Service Co. to relocate existing water line at the Aquatic
Center site in the amount of $72,906. (Ward 1)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: It is necessa~ to relocate an existing water line that interferes vJth the pool location at
the Aquatic Center site. In addition, the extension of this water line is needed to provide water for new fire
hydrants to be installed for the Aquatic Center and Ice Facility. An Agreement has been reached with
California Water Service Company in the amount of $72,906. The City of Bakersfield is to pay $6,032
deposit to California Water Service upon execution of the Agreement and before installation of the facilities
begin, leaving a balance due upon completion of $66,874.
NOTE:
THE MAP ATrACHED TO THIS AGREEMENT, MARKED
EXHIBIT "A", IS ON FILE IN THE CITY CLERK'S OFFICE
FOR REVIEW.
Marcn 28, 2003, 7:41AM
G:\GROUPDAT~ADMIN R PT~003\O4-09\CalWtrAgmAdrnin.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. 0,
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 20, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
;//P~OVED
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6087
Phase D located north of White Lane and west of Buena Vista Road. (Ward 5)
Final Map and Improvement Agreement with Communities At Westlake, LLC for Tract 6077
Unit 4 located north of Olive Drive and west of CALLOWAY DRIVE. (Ward 4)
Final Map and Improvement Agreements with Bakersfield Avalon, LLC for Tract 5968 Unit 3
located north of Olive Drive and east of Old Farm Road. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
March 21, 2003, 11:10AM
G:\GROUPDAT~ADMINRP~2003\04-09\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
TEM:
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
March 27, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 5
(FY02/03), Amendment No. 7 (FY 01/02), Amendment No. 8 (FY 00/01), Amendment No.
11 (FY 99/00), Amendment No. 13 (FY 98/99), Amendment No. 11 (FY 97/98), and
Amendment No. 18 (FY 96/97). (WARDS All)
1. Transfer and appropriate $304,632 from the CDBG Operating Budget to the Municipal
Debt Service Fund for the early repayment of the Convention Center Section 108 Loan.
2. Transfer $181,500 Uncommitted CDBG Funds to the Capital Improvement budget for
the Acquisition of 713 Lake Street.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendments affect CDBG program funds. The amendments are
needed to better reflect the program and budget needs for key department initiatives for the current year.
The proposed amendments will reallocate CDBG and HOME funds from various projects budgeted in FY
96/97, FY 97/98, FY 98/99, FY 99/00, FY 00/01, FY 01/02, and FY 02/03 to the following CDBG eligible
projects. Included as part of the Amendment are changes and additions to the City of Bakersfield
Recapture Guidelines for the Downtown in-fill Housing Assistance Program (G. Program Specific
Requirement - 22 HOME (b) Recapture Guideline).
The attached public notice was published March 8, 2003 to begin the 30-day public comment period for
this amendment, to date no public comments have been received.
S:~Admins\City Council\action plan amend 4-9-03.doc
3/27/2003 9:30 AM
ADMINISTRATIVE REPORT Page 2
From
Business Loan Proqram
This activity was originally funded in FY 96/97. Due
to various obstacles, these funds could not be drawn
down in a timely manner and could impact future
CDBG entitlement. This activity will be reallocated in
the proposed CDBG FY 03/04 Action Plan.
Sub Total ($304,632)
Acquisition/Demolition Proqram (Economic
Developmentl
The properties acquired under this activity were
initially planned for Economic Development. This
amendment will shift the properties for Economic
Development to the Aquatic Center (Public Facilities)
use.
Sub Total ($273,931
California Avenue Streetscape
Sub Total
($85,00C
New Construction
Kozee Apartment assistance to 333 Union Avenue
Sub Total ($375,000
Casa Loma #6 Area Street Improvement Project
Installation of curb, gutter and improvements in the
area bounded by Brooks, Madison, South Union and
Casa Loma. This project was originally funded in FY
99/00. Due to community concerns this project must
be redesigned to address these issues. Public
comment and redesign will delay the expenditure the
CDBG funds and could impact the City's overall
annual draw down rate. Additionally, this project
could almost cost double from the initial estimate.
This delay could reduce the City's future entitlement.
Sub Total ($257,500
Uncommitted funds from various project savings for
FY 01/02, FY 00/01, and FY 99/00.
Sub Total ($181,556
Total From ($1,477,613)
To
Section 108 Loan Repayment for the Holiday Inn
Select Hotel
Sub Total
14~h ,.-
o[reet Aquatic Center Project
$304,632
Recreational 8,000 sq.ft, pool with zero depth entry
area. Sites acquired 924 13~h, 1300 "O", 1301 "Q"
and 1326 P streets. This is land transfer only.
Sub Total $273,931
Chester Avenue Streetscape
Sub Total
$85,000
Downtown Infill Housinq Assistance
Downpayment assistance to Iow-income home
buyers in downtown neighborhoods.
$350,000
HOME-CHDO Operatinq Assistance
Assistance to Community Action Partnership of
Kern of HOME-CHDO funds to operate with the
Southeast Infill Housing Program Area
$25,000
Sub Total $375,000
Old Town Kern Housinq Project
Acquisition of existing 19,000 sq.ft, commercial
)arcel developed with a 16,000 sq. ft. building at
713 Lake Street to be developed for affordable
housing units.
Sub Total $257,500
Old Town Kern Housinq Proiect
Acquisition of existing 19,000 sq.ft, commercial
parcel developed with a 16,000 sq. ft. building at
713 Lake Street to be developed for affordable
housing units.
Sub Total $181,550
Total To $1,477,613
S:~dmins\City Council\action plan amend 4-9-03 doc
3/27/20039:30 AM
ADMINISTRATIVE REPORT
Page 1
MEETING DATE: April 9, 2003
ITEM: ~. ~,,.
AGENDA SECTION: Consent Calender
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Kiimko, Finance Director
March 31, 2003
APPROVED.
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Purchase Agreement with Community Service Organization to
purchase real property located at 713 Lake Street, for $330,000.0Nard 1)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The Economic and Community Development Department is working in conjunction with state, federal and
local interests on the revitalization of historic Old Town Kern. The Old Town Mixed Use Project includes
the development of 40,000 square feet of retail, rehabilitation of 23,000 square feet of existing retail
spaces and the construction of 50 units of senior housing. The development of the senior housing portion
of the project requires the purchase and removal of an older office building located at 713 Lake Street.
The purchase price is a product of negotiations based on an appraisal prepared by Michael Burger, M.A.I
of Michael Burger & Associates.
The purchase of this property is consistent with the City Council and Redevelopment Agency goals of
Urban Renewal through development and removal of blight. Funding for this acquisition is from
Community Development Block Grants.
A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services
Director. On April 17, 2003, the Planning Commission will be asked to find the acquisition of this property
consistent with the Metropolitan Bakersfield 2010 General Plan.
jws
3/31/20032:36 PM
P:~ADMINFORM.wpd
ADMINISTRATIVE REPORT
IMEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~'. r'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 25, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY'~
CITY MANAGER
SUBJECT: Accept bid from Mel Clayton Ford, $68,637.85, for two Gardening Trucks with Dump Beds
for the Parks Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Two (2) additional tilt bed trucks will replace two (2) surplus pickup trucks currently
being used. These vehicles will prove more efficient to our operation in the current budget situation. (See
attached memo.)
Invitations to bid were sent to twenty (20) vendors. Four (4) bids were received March 10, 2003, as
follows:
Mel Clayton Ford
350 Hitchcock Way
Santa Barbara, CA 93105
in the amount of
$68,637.85
Jim Burke Ford
P.O. Box 2088
Bakersfield, CA 93303
Central Valley Truck Center
2707 South East Avenue
Fresno, CA 93725
(City) in the amount of $72,572.92
With 1% Sa/es Tax Consideration $71,896.38
in the amount of
$88,097.3O
Gibbs International Trucks
3525 Buck Owens Boulevard
Bakersfield, CA 93308
(City) in the amount of $88,785.84
With 1% Sales Tax Consideration $87,958.00
Purchasing Division
DW:Ijm
P:~ADMIN~003 ADMIN\C03_0409_B_Gardening Truck w-Dump Bed-REVISED.doc
April 3, 2003, 10:49AM
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 27, 2003
APPROVED
DEPARTME.T.EAD
CITY MANAGER
Accept bid from Denver Solutions Group, $38,556.38, for IBM Total Storage LTO tape
library for the Information Technology division.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Seven (7) bids were received, as follows:
Denver Solutions Group
5541 Shadow Canyon Place
Westlake Village, CA 91362
in the amount of
Myriad Solutions, Incorporated
5031 Birch Street
Newport Beach, CA 92660
in the amount of
Wareforce
2829 West Burbank Boulevard #200
Burbank, CA 91505
in the amount of
Chouinard & Myhre, Incorporated
22490 Gold Rush Lane
Clovis, CA 93611
in the amount of
Advanced Systems Group
150 El Camino Real, Suite 200
Tustin, CA 92780
~n the amount of
Computer Configuration Services
2532 White Road
Irvine, CA 92614
the amount of
IBM
P.O. Box 945684
Atlanta, GA 30394
~n the amount of
$38,556.38
$40,207.53
$40,433.25
$40,728.19
$43,380.85
$49,937.36
$63,065.15
Purchasing Division DW:ljm
P:~ADMIN~?_003 ADMIN\C03_0409_C_IBM Total Storage LTO Tape Libraw.doc
March 27, 2003, 9:50AM
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~'. ~c.
TO:
FROM:
DATE:
SUBJECT:
Carroll Hayden, Human Resources Manager
March 19, 2003
Honorable Mayor and City Council - D~J~/EPARTMENT HEAD
CITY ATTORNEY
CiTY MANAGER
Revised Job Specification: Motor Sweeper Operator
APPROVED
RECOMMENDATION:
Staff recommends approval of the revised job specification.
BACKGROUND:
At the request of the Street Maintenance Superintendent, the job specification for Motor Sweeper Operator
has been reviewed and updated in light of the requirement for a commercial driver's license. New
sweepers that have been purchased in the last eight to nine years have exceeded 26,000 pounds gross
vehicle weight and therefore require a Class "B" commercial driver's license. The current job specification
does not require a Class "B" commercial driver's license, thus the need to add this requirement. All
current Motor Sweeper Operators have a Class "B" commercial driver's license. Changes have also been
made to update current responsibilities, minimum qualifications and physical or special working conditions.
There is no budgetary impact as the salary range will remain the same.
The Central California Association of Public Employees endorses the job specification revision.
The revised job specification was approved by the Miscellaneous Civil Service Board at their March 18,
2003 meeting.
(mp)
March 20, 2003, 9:18AM
S:~ADMINRPT~Motor Sweeper Operator Job Spec Revision.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. iL.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Department
March 27, 2003
APPROVED
DEPARTMENT HEAD
CITY MANAGER .~
Demolition and paving for parking lots.
1. Appropriate and transfer $53,275 improvement reimbursements in the
Capital Outlay Fund to the Offstreet Parking Fund for demolition/paving at
1311 "O" Street for additional parking.
2. Transfer $20,750 appropriations in the Capital Outlay Fund to the
Recreational Facilities Fund for demolition/paving at 930 California Avenue
for Assistance League replacement parking.
RECOMMENDATION:
Staff recommends approval and transfer of the appropriations.
BACKGROUND:
The City has acquired several properties to facilitate the proposed Aquatic/Ice Rink Facility and to provide
additional parking. Two of these properties, located at 1311 "O" Street (additional parking) and 930
California Avenue (Assistance League replacement parking), have improvements on them which need to
be demolished and replaced with a paved surface for parking purposes. Monies are available from the
Borton Petrini Tennant Improvement Reimbursement and savings on the project.
klg
S:\Kim G\Gregory~Admin-Demo&PaveParkingfots.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~.¥.
TO: Honorable Mayor and City Council APP,ROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: March 28, 2003 CITY A'I-I'ORNEY
CITY MANAGER
SUBJECT:
Accept $5,000 for a Hazard' House for the Fire Department's Juvenile Firesetters' Program
from State Farm Insurance Companies. Appropriate $5,000 to the Fire Department
operating budget within the General Fund.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The Juvenile Firesetters' Program was established by the Bakersfield Fire Department
in 1990 and has educated over 2,880 children.
Prior to the development of this program, the juvenile justice system had no way of changing a child's
behavior except by means of punishment. First time offenders throughout Kern County are now mandated
by a judge to attend this type of program which attempts to change behavior through education.
A referral is received by the Bakersfield Fire Department and contact is made with the family. The
Juvenile Firesetters' Saturday class is three hours in duration and geared to two age groups, ages 4 to 8
and ages 9 to 17. The class must be attended by parent(s) and child. Our yearly recidivism rate is very
Iow with only three to four juveniles repeating our class out of an approximately 240 juveniles.
The Hazard House is a fire safety educational tool and visual aid which helps reinforce fire safety in the
home to both children and parent(s). We believe the Hazard House will assist the program greatly in the
fire safety education of the children in our program. Its visual and audio aids will help in maintaining the
attention of especially younger children.
State Farm Insurance Companies' donation of $5,000 will be used to purchase a Hazard House.
kec
P:~Admin Report\State Farm donation of Hazard House.doc
3/28/2003
ADMINISTRATIVE REPORT
MEETING DATE: April 9. 2003
AGENDA SECTION: Hearings
ITEM: ~,0~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 24, 2003
DEPARTMENT H EAE[..~
CITY ATTORNEY
CITY MANAGER , .,/~/~__~
Resolution Upholding the Decision of the Planning Commission Approving Vesting
Tentative Parcel Map 10927 and Denying the Appeal by Richard L. Harriman,
representing Bakersfield Citizens For Local Control, located on the east side of Highway
99 and north of Panama Lane. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the Planning Commission's decision
approving the Vesting Tentative Parcel Map 10927 and denying the appeal.
BACKGROUND:
On February 20, 2003, the Planning Commission adopted Resolution No. 36-03 conditionally
approving Vesting Tentative Parcel Map (VTPM) 10927 proposed by Hopper Industries, the
applicant. VTPM 10927 is located on the east side of Highway 99 and north of Panama Lane (Wal-
Mart/Lowes site). Richard L. Harriman, representing Bakersfield Citizens for Local Control, filed an
appea~ to the Planning Commission's approval of VTPM 10927 on the grounds that the public
health, safety and welfare will be adversely affected by the proposed project (letter attached).
This parcel map consists of 4 parcels on 36.95 acres for the purpose of development of a
commercial shopping center, commonly known as a proposed site for Wal-Mart and Lowes stores.
The proposed parcel map is to facilitate development of the PCD (Planned Commercial
Development) zone approved by the City Council on February 12, 2003 (GPA/ZC #02~0193).
During the February 20, 2003 public hearing before the Planning Commission, no one spoke on the
project.
Mr. Harriman, the appellant, cites in his letter that the appeal is based on 1) testimony and letters
submitted during the February 12, 2003 City Council hearing on General Plan Amendment/Zone
Change 02-0193; 2) the public, health, safety and welfare of the City will be adversely affected by
the proposed subdivisions; and 3) significant environmental effects were neither avoided nor
mitigated, specifically urban blight and air quality impacts.
ADMINISTRATIVE REPORT Page2
The City Council certified an Environmental Impact Report on February 12, 2003 for GPA/ZC 02-
0193. Fourteen mitigation measures related to traffic are incorporated into the development of the
shopping center that reduced traffic impact to less than significant. In accordance with CEQA
Guideline Section 15093, City Council adopted a Statement of Overriding Considerations for air
quality and noise impacts. Although mitigation measures were adopted for these impacts, these
two issues could not be mitigated to less than significant levels, the Council adopted specific
findings with the Statement of Overriding Considerations that the adverse effects may be
considered acceptable. No further analysis is necessary.
As a side note, the Bakersfield Citizens for Local Control has filed a lawsuit challenging the
adequacy of the Environmental Impact Report (EIR) for the General Plan Amendment that allows
this parcel map. However, staff is of the opinion that the EIR is a valid and certified document
appropriate as the environmental document for approval of this parcel map.
Conclusion.
Based on the above information, Staff recommends the Council uphold the Planning Commission's
decision and approve Vesting Tentative Parcel Map 10927 with conditions and mitigation
measures, which have been agreed to by the applicant, and deny the appeal.
JE
Admin~apr~4-9-0927
ADMINISTRATIVE REPORT
IMEETING DATE: April 9, 2003
AGENDA SECTION: Hearings
ITEM: ~, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 24, 2003
APPR(~¥ED
DEPARTMENT HEA~/~,
CITY ATDORNEY ~' ~"/~_~'
CITY MANAGER
Resolution Upholding the Decision of the Planning Commission Approving Vesting
Tentative Parcel Map 10938 and Denying the Appeal by Richard L. Harriman,
representing Bakersfield Citizens for Local Control, located on the southwest corner of
Gosford and Pacheco Roads. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the Planning Commission's decision
approving the Vesting Tentative Parcel Map 10938 and denying the appeal.
BACKGROUND:
On February 20, 2003, the Planning Commission adopted Resolution No. 37-03 conditionally
approving Vesting Tentative Parcel Map (VTPM) 10938 proposed by Mclntosh and Associates,
the applicant. VTPM 10938 is located on the southwest corner of Gosford and Pacheco Roads
(Wal-Mart site). Richard L. Harriman, representing Bakersfield Citizens for Local Control, filed
an appeal to the Planning Commission's approval of VTPM 10938 on the grounds that the
public health, safety and welfare will be adversely affected by the proposed project (letter
attached).
This parcel map consists of 5 parcels on 29.44 acres for developing a multiple tenant shopping
center including a Wal-Mart store. The proposed parcel map is to facilitate development of the
PCD (Planned Commercial Development) zone approved by the City Council on February 12,
2003 (General Plan Amendment/Zone Change #02-0030).
During the February 20, 2003 public hearing before the Planning Commission, no one spoke on
the project.
Mr. Harriman, the appellant, cites in his letter that the appeal is based on 1) testimony and letters
submitted during the February 12, 2003 City Council hearing on General Plan Amendment/Zone
Change 02-0030; 2) the public, health, safety and welfare of the City will be adversely affected by
the proposed subdivisions; and 3) significant environmental effects were neither avoided nor
mitigated, specifically urban blight and air quality impacts.
ADMINISTRATIVE REPORT
The City Attorney's Office has indicated that reference to previous testimony and letters submitted
during the February 12, 2003 hearing is not appropriate and not permitted to be included in
testimony for the hearing conducted on April 9, 2003, and should not be considered. The City's
ordinances, policies, and standards are adopted to provide for the public health, welfare and
safety. Pursuant to Subdivision Map Act Section 66474.2, a subdivision is subject to a local
agency may only apply the ordinances, policies, and standards in effect in determining whether to
approve or disapprove the map. Therefore, because the proposed parcel map is subject to these
ordinances, policies, and standards, there is no detrimental effect to the public's health, welfare
and safety.
The City Council certified an Environmental Impact Report on February 12, 2003 for GPA/ZC 02-
0030. Twenty-four mitigation measures and discretionary conditions related to traffic are
incorporated into the development of the shopping center that reduced traffic impact to less than
significant. In accordance with CEQA Guideline Section 15093, City Council adopted a Statement
of Overriding Considerations for air quality impacts. Although mitigation measures were adopted
for this impact, this issue could not be mitigated to less than significant levels, the Council
adopted specific findings with the Statement of Overriding Considerations that the adverse effect
may be considered acceptable. No further analysis is necessary.
As a side note, the Bakersfield Citizens for Local Control has filed a lawsuit challenging the
adequacy of the Environmental Impact Report (EIR) for the General Plan Amendment that allows
this parcel map. However, staff is of the opinion that the EIR is a valid and certified document
appropriate as the environmental document for approval of this parcel map.
Conclusion.
Based on the above information, Staff recommends the Council uphold the Planning
Commission's decision and approve Vesting Tentative Parcel Map 10938 with conditions and
mitigation measures, which have been agreed to by the applicant, and deny the appeal.
JE
Admin~apr~409-10938
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2003
AGENDA SECTION: Reports
ITEM: IQ. (1.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
April1, 2003
Budget Update by City Manager
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY
ClTY MANAGER
RECOMMENDATION: Council's Determination
BACKGROUND:
City Manager, Alan Tandy will give a report on the condition in the current year budget (FY 02-03) and
preparations for next years budget (FY 03-04).
April 2, 2003, 8:30AM
S:~Admin Rpts~003\cm budgetrepo~C,4-01-03.doc
AT:al
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