HomeMy WebLinkAbout08/27/2003 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF AUGUST 27, 2003
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. WORKSHOPS
(15 min) a. Traffic Signal Synchronization Programs.
(10 min) b. Anti-Graffiti Program Coordination with County of Kern.-
(20 min) c. City Council Goal Setting. (Council will recess to the City Manager's Conference
Room to discuss this item.)
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (C) of Government Code section 54956.9.
Goland and Roy v. City of Bakersfield, et al Kern County Superior Court Case No.
250490-AEW
REGULAR MEETING - 7:00 p.m.
1. INVOCATION by Pastor James Summers, Grace Assembly of God Church.
2. PLEDGE OF ALLEGIANCE by James Summers, 4th Grade Student, Stockdale Christian School.
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Lou & Sheryl Barbich, proclaiming
September 10, 2003 as "Lou & Sheryl Barbich Day."
6. PUBLIC STATEMENTS
7. APPOINTMENTS
a. Appointment of members of the City - County Ad Hoc Committee on Emergency
Medical Services Delivery System in the Greater Metropolitan Bakersfield Area.
Staff recommends Council determination.
8. CONSENT CALENDAR
(Ward 4)
(Ward 1,4,7)
(Ward 4)
Minutes:
a. Approval of minutes of Regular Council Meeting July 30, 2003.
Payments:
Approval of department payments from July 18, 2003 to August 14, 2003 in the
amount of $11,846,667.72 and self insurance payments from July 18, 2003 to August
14, 2003 in the amount of $594,800.76.
Ordinances:
First Reading of Ordinance Revisions:
1. Ordinance amending Section 15.80.080 A. of the Bakersfield Municipal Code
relating to formula for fees in-lieu of land dedication.
2. Ordinance amending Section 16.16.020 of the Bakersfield Municipal Code
relating to Tentative Maps - Forms.
3. Ordinance amending Section 16.16.080 of the Bakersfield Municipal Code
relating to Tentative Maps - Extension.
4. Ordinance amending Section 16.28.170 P. of the Bakersfield Municipal Code
relating to Lots.
5. Ordinance amending Section 16.52.030 of the Bakersfield Municipal Code
relating to Tentative Maps - Appeals.
Drainage and sewer facilities:
1. First reading of an Ordinance amending Section 16.32.060 E.
Bakersfield Municipal Code relating to sewer areas.
of the
First reading of an Ordinance amending Section 16.32.060 of the Bakersfield
Municipal Code relating to drainage and sewer facilities.
Resolution of Intention No. 1315 to establish the Tevis Ranch Planning
Drainage Area and preliminarily approving the boundaries of the area and the
cost and fee schedule.
Ordinance amending Sections 1.12.010, 1.12.040 and 1.12.070 of the Bakersfield
Municipal Code by adding Annexation 437 to Wards 1 and 4, and Annexation No. 438
to Wards 4 and 7. (First Reading 7/30/03)
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling)
zone on 55 acres and to C-2/PCD (Regional Commercial/Planned Commercial
Development) on 25 acres located at the southwest corner of Kratzmeyer Road and
Alien Road (ZC 03-0014). (First Reading 7/30/03)
2
o
(Ward 4)
(Ward 1)
(Ward 1)
(Ward 7)
(Ward 4)
(Ward3)
(Ward 6)
(Ward 4)
CONSENT CALENDAR continued
Ordinance adopting the Notice of Exemption and amending Title 17 of the Municipal
Code and Zoning Map No. 102-08 from OS (Open Space) to R-2 (Limited Multiple-
Family Dwelling) on 9,941 square feet and from R-2 to OS on 2,695 square feet
located approximately 200 feet south of the Olive Drive - Via Tevere Street intersection
(ZC 03-0339). (First Reading 7/30/03)
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-02 from A (Agriculture) to R-l/PUD (One Family
Dwelling/Planned Unit Development) on 81.10 acres located approximately 1,600 feet
south of State Route 58 between Zephyr Lane (Extended), Shirley Lane (Extended),
Sterling Road (Extended) and Oswell Street (Extended) (ZC 03-0343). (First Reading
7/30/03)
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One Family Dwelling)
on 81.7 acres, A (Agriculture) to R-2 (Limited Multiple Family) on 4.5 acres, and A
(Agriculture) to C-2 (Regional Commemial) on 12 acres located adjacent to the west
side of Cottonwood Road, between East Pacheco Road and East Fairview Road (ZC
03-0362). (First Reading 7/30/03)
Ordinance adopting the Notice of Exemption and amending Title 17 of the Municipal
Code and Zoning Map Nos. 103-31, 123-11, 103-24 and 123-24 (on five separate
sites) (ZC 03-0394). (First Reading 7/30/03)
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-25 from A-20A (Agriculture-20 acre minimum) to R-1
(One Family Dwelling) on 20 acres located along the north side of Hosking Avenue,
generally located between Wible Road and State Route 99 (ZC 03-0418). (First
Reading 7/30/03)
Resolutions:
Resolution of Intention No. 1308 to add territory, Area 1-43 (Allen, Noriega NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Intention No. 1310 to add territory, Area 4-28 (Paladino, Morning SW)
to the Consolidated Maintenance District, preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Intention No. 1312 to add territory, Area 3-22 (Akers, McKee SE) to the
Consolidated Maintenance District, Preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution adding territory, Area 1-27 (Noriega, Old Farm NW) to the Consolidated
Maintenance District and confirm the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
(Ward7)
(Ward 3)
(Ward 4)
(Ward 4)
CONSENT CALENDAR continued
Resolution of Application proposing proceedings for annexation of uninhabited territory
to the City of Bakersfield, property identified as Annexation No. 450, located along the
south side of McKee Road, generally between Wible Road and State Route 99.
Resolution authorizing the submission of a grant application for grant funds from the
State of California, Department of Parks and Recreation, Recreational Trails Program.
r. Jobs-Housing Balance Incentive Grant:
Resolution of the Council of City of Bakersfield authorizing the requisite City
personnel to execute all documents required to a.ccess Jobs Housing Balance
Incentive Grant Program (JHBP) funds from the State of California.
Agreements:
Appropriate $314,822 Jobs-Housing Balance Incentive Grant funds to the
Recreation and Parks Department, Capital Improvement project Budget within
the Park Improvement Fund.
s. Construction of road connection to Coffee Road from Tract 6018:
Agreement for Infrastructure Development with Elmer F. Karpe, Inc.
($40,000.00) to facilitate construction of a road connection to Coffee Road from
Tract 6018.
Appropriate $40,000.00 Gas Tax Fund Balance to the Capital Improvement
Budget.
Agreement with the County of Kern to raise four (4) City of Bakersfield sewer
manholes within Oswell Street.
Three (3) year lease Agreement with Ultrex for a Minolta Di650 copier for Police
Department.
Contribution Agreement with the Bakersfield Symphony Orchestra in the amount of
$45,000.00 for Fiscal Year 2003-04.
Contribution Agreement with the Bakersfield Museum of Art in the amount of
$22,500.00 for Fiscal Year 2003-04.
Agreements with California State Firefighters' Association, Incorporated, AItaville-
Melones Fire District, and Bakersfield College - Fire Technology Program, to purchase
one hundred twenty-seven (127) surplus self contained breathing apparatus from the
City for $1.00 each for a total of $127.00.
4
(Ward 6)
(Ward 3)
(Ward 4,5)
(Ward 5)
(Ward 5)
(Ward 1)
(Ward 3)
(Ward 3)
CONSENT CALENDAR continued
y. Stonecreek Park:
Agreement with Stonecreek Partners, Inc. ($310,000.00) for development of
Stonecreek Park, Phase II. ($100,000.00 reimbursement at completion and
$210,000.00 reimbursement in future semi-annual installments.)
Appropriate $100,000.00 Park Improvement Fund Balance to reimburse the
developer.
Right of Way Contract with Caltrans ($800.00) for the purchase of 0.40 acres at the
intersection of State Highway 178 and Mount Vernon.
aa. Tract Map and Improvement Agreements:
Final Map and Improvement Agreements with GMAC Model Home Finance and
Lennar Bakersfield, Inc. for Tract 6077, Units 5 and 6, located north of Olive
Drive and west of Calloway Drive.
Final Map and Improvement Agreement with GMAC Model Home Finance and
Lennar Bakersfield, Inc. for Tract 6082, Unit 3, located north of Pacheco Road
and west of Old River Road.
bb.
Transportation Impact Fee Agreement with Castle & Cooke California, Inc. for Tract
6030 (Estimated Impact Fee Credit - $328,086.00), located on Buena Vista Road and
Allen Road.
cc.
Transportation Impact Fee Agreement with Lennar Bakersfield, Inc. for Tract 6032
(Estimated Impact Fee Credit - $250,000), located north of Ming Avenue between
Buena Vista Road and Allen Road Boulevard.
dd.
Consultant Agreement with Maurice Etchechury ($100,000) for Project Management
Services on Various Capital Projects.
ee.
Consent to Common Use Agreement between the City of Bakersfield and Union Oil
Company of California for an easement within Oswell Street.
Agreement with Michael Brandman and Associates (not to exceed $34,650)for
consultant services to conduct a public environmental review of the Bakersfield Landfill
Cap Project.
gg. Bakersfield Sanitary Landfill Closure Project - Landfill Gas System Services
Termination of Agreement 03-035 with LFG&E, Intl. For Landfill Gas Systems
Services
Agreement with GC Environmental, Inc for Landfill Gas System monitoring,
maintenance and additional construction no to exceed $500,000 for three
years.
8. CONSENT CALENDAR continued
(Ward 1 ) ii.
hh. Metropolitan Medical Response System Grant:
jj.
(Ward 3) II.
kk.
Amendment to Agreement with The Best Solution, inc. to prepare Modifications
II and III of Metropolitan Medical Response System for the City of Bakersfield
for $62,500.
Appropriate $480,000 Federal Grant Revenue to the Fire Department General
Fund Operating Budget.
Amendment No. 1 to Agreement No. 99-95 with Boyle Engineering Corp. ($10,000.00
for a total not to exceed compensation clause of $85,0p0.00) for design consulting
services for the expansion and modifications of effluent storage reservoirs at
Wastewater Treatment Plant 2 Project.
mm.
Amendment No. 2 to Agreement No. 03-108 (CA 03-013) in an amount of $20,000.00
(for a total not to exceed $75,000.00) with Rutan & Tucker for outside legal services
in the matter of Stevens v. City of Bakersfield, Superior Court Case No. 249329 NFT.
(Ward 2) nn.
Amendment No. 2 to Agreement No. 02-356 (CA 02-040) in an amount of $60,000.00
(for a total not to exceed $140,000.00) with Michael G. Marderosian for outside legal
services in the matter of Ochoa v. City of Bakersfield, United States District Court Case
No. CV-F-5559 AWl DLB.
Contract Change Order No. 3 to Agreement No. 02-307 with Granite Construction
Company ($28,750.14, for a revised amount of $737,644.61 ) for the project known as
Realignment of Comanche Drive at SR 178 and Installation of Traffic Signal, Lighting
and Flashing Beacons System at Comanche Drive, SR 178 and Alfred Harrell
Highway.
Bids:
Amendment No. 1 to Agreement No. 02-341 with Kern Economic Development
Corporation for an amount not to exceed $54,000 for economic development in Kern
County.
Amendment No. I to Agreement No. 00-140 with Bakersfield Civic Light Opera
Association (a.k.a. Bakersfield Music Theatre) for early release of mortgage collateral.
OO.
Accept bid to award annual contract to b N. Curtis & Sons, for protective jackets and
trousers for structural fire fighting, not to exceed $64,000.00.
Miscellaneous:
(Ward 2) pp.
Covenant to establish shared use of parking for Ice Sports of Bakersfield and
McMurtrey Aquatic Center.
qq. Acceptance of 2002-03 Transportation Development Act Funds Financial Statement.
6
(Ward 7)
(Ward 4)
(Wards4,6)
(Wards4,5)
(Ward 2)
CONSENT CALENDAR continued
rt. Accept donation of $1,257 from Target Stores Inc. to the Bakersfield Police
Department Investigations Division and appropriate same to the Police Department
Investigations Division Budget in the General Fund for pumhase of a time-lapse video
recorder and video printer.
ss. Appropriate $200,000 Transportation Development Fund Balance to the Capital
Improvement Budget for the White Lane at State Route 99 Overcrossing Widening and
Interchange Project.
rt. Appropriate $360,000.00 Transportation Development Fund balance to the Capital
Improvement Budget for construction of large box culvert at the intersection of
Calloway Drive and Olive Drive.
uu. City positions on League of California Cities Resolutions.
w. Community Development Block Grant (CDBG) Economic Development Loan Policy.
Staff recommends adoption of Consent Calendar items a through w.
HEARINGS
a. Protest Hearing for proposed Assessment District No. 03-1 (Brighton Place/Silver Creek
Staff recommends opening hearing and continuing it to September 24, 2003.
b. Protest Hearing for proposed Assessment District No. 03-2 (Buena Vista Ranch/Belsera
II/Montara II/Olive Park II):
1. Resolution approving Final Engineer's Report, levying assessments, ordering
improvements and authorizing and directing related actions.
Staff recommends overriding protests and adoption of resolution.
c. Public Hearing regarding Amendment No. I to Resolution No. 178-02 adopting the
Street Cut Workmanship and Performance Warranty Fee confirming effective dates of
phased in fee increase.
Staff recommends approval of amendment to the resolution.
d. Resolution of ordering the vacation of the 20 foot wide alley west of Chester Avenue
between 26th and 27~h Streets (Block 486).
Staff recommends approval of resolution.
7
10,
11.
1~.
13.
14.
REPORTS
a. Report on Westside Parkway Landscaping and Aesthetic Treatment.
Staff recommends acceptance of report.
DEFERRED BUSINESS
NEW BUSINESS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
pi 2:16 p.m. 8/20/03
Respectfully submitted,
Alan Tandy
City Manager
8
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
JOHN W. STINSO~, A~S~ISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - AUGUST 27, 2003 COUNCIL MEETING
Augu~ 22,2003
REGULAR MEETING 5:15 p.m.
Workshoos:
Item 2a. Traffic siqnal synchronization proqrams. Staff will provide a presentation on the City's traffic
signal operation and coordination with traffic signal synchronizations programs.
Item 2b. Anti-Graffiti Proqram Coordination with County of Kern. Staff will provide a presentation
outlining the graffiti removal coordination effort with Kern County within the Metropolitan Bakersfield area.
Item 2c. City Council Goal Settino. The Council will recess to the City Manager's Conference Room to
discuss this item.
Closed Session:
There is one closed session item, which is a conference with legal council regarding existing litigation.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
APPOINTMENTS:
Appointments will be made to the City - County Ad Hoc Committee on Emergency Medical Services
Delivery System in the Greater Metropolitan Bakersfield Area.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
HONORABLE MAYOR AND CITY COUNCIL
AUGUST 22, 2003
PAGE 2
Ordinances:
Item 8d. Draina(3e and Sewer Facilities. Over the past several years, drainage and sewer areas have
been established by Council, some of which have been closed. As such, staff desires to remove these
areas from the Ordinance since the City is no longer collecting fees.
Additionally, staff is proposing a drainage system to improve the efficiency of the existing drainage
facilities in the area south of White Lane and between Old River Road and Buena Vista Road. Funding
for this project would be through a Planned Drainage Area (PDA). Future developments in the
assessable area would pay their proportionate share of the costs of this project. This resolution
preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee
schedule.
Resolutions:
Item 8q. Resolution Authorizin(] the Submission of a Grant Application for Grant Funds from the State of
California, Department of Parks and Recreation, Recreational Trails Proqram. This action authorizes
the Development Services Director to apply for grant funds, which could be used to help fund
construction of an important trail linkage requiring a large culvert under Alfred Harrell Highway. In order
to apply for the grant, Council must approve a resolution authorizing the submission of the application.
Item 8r. Jobs-Housinq Balance Incentive Grant. The City was awarded a $314,822 grant to help
construct the future playground at Rio Vista Park. Funding for the project comes from the Jobs-Housing
Balance Incentive Grant Program through the State Housing and Community Development Department.
The Resolution authorizes the requisite personnel to execute all documents required to access the funds.
Aqreements:
Item 8s. Construction of Road Connection to Coffee Road from Tract 6018. Through a series of public
hearings and meetings with the Riverlakes Home Owners Association, development of Tract 6018 was
allowed to have an access opening onto Coffee Road. Originally, the access was to be constructed by
the City. However, the developer now indicates they would be willing to construct the necessary
improvements for the City at a cost of $40,000. Based upon Public Works verification of their estimates,
this amount was very favorable to the City as it is being done in conjunction with other improvements for
the tract.
Item 8v. Contribution A(3reement with the Bakersfield Symphony Omhestra in the Amount of $45.000. As
part of the FY 2003-04 Budget, Council approved a contribution to the Bakersfield Symphony Orchestra
in the amount of $45,000. This amount represents about a 10% reduction compared to last year's
contribution consistent with budget reductions made to other City departments. The agreement provides
for payments for building rental and related expenses for concerts at the Bakersfield Convention Center
and has language which reserves the right of the City to reduce or eliminate payments should the City
experience substantial negative budgetary impacts. As State budget impacts are generally known for FY
2003-04, no additional contribution reductions are being recommended at this time.
Item 8w. Contribution Aqreement with the Bakersfield Museum of Art in the Amount of $22.500. As part
of the FY 2003-04 Budget, Council also approved a contribution to the Bakersfield Museum of Art in the
amount of $22,500, which is a 10% reduction compared to last year's contribution. The agreement
provides for art education programs at the Museum and has language that reserves the right of the City
to reduce or eliminate payments should the City experience substantial negative budgetary impacts. As
State budget impacts are generally known for FY 2003-04, no additional contribution reductions are
being recommended at this time.
HONORABLE MAYOR AND CITY COUNCIL
AUGUST 22, 2003
PAGE 3
Item 8V. Aqreement with Stonecreek Partners, Inc. for Development of Stonecreek Park, Phase II in the
amount of $310.000. In 1995, the City acquired a six-acre park site at the northwest corner of Akers
Road and Whitegate Avenue. In 1997, Council entered into an agreement which provided for the
construction of the park (Stonecreek Park) in two phases. Phase I is complete. The developer,
Stonecreek Partners, Inc. is developing homes near the park and desires to complete Phase II.
The agreement specifies that a sum of $100,000 be paid to the developer from the Park Improvement
Fund upon recording of the Notice of Completion and acceptance of the Phase II improvements. It also
specifies that future semi-annual payments are made from development fees collected from specific
tracts within the South/Southwest Park Improvement Zone in an amount not to exceed $210,000, for a
total not to exceed amount of $310,000.
Item 8dd. Consultant Aqreement with Maurice Etchechury for Project Manaqement Services on Various
Capital Proiects in the amount of $100.000. A backlog of projects has developed in the Capital
Improvement Program resulting from large projects that require substantial amounts of staff time and
vacant positions that cannot be filled due to budget constraints. Other consultants, such as those
detailed in the On-Call Civil Engineering agreements, are limited to just design services.
The primary project to which the Consultant will be assigned is the completion of several remaining
elements on the Calloway Drive / Olive Drive culvert and intersection construction project, which include
the relocation of an existing gas main west of Calloway Drive, construction of Olive Drive west of
Calloway Drive after that gas main is relocated; and completion of contractual issues with the Bureau of
Reclamation and other adjacent property owners.
Item 8qq. Bakersfield Sanitary Landfill Closure Proiect - Landfill Gas System Services. In response to
an RFP for landfill gas system maintenance and service, the City entered into an agreement with
LFG&E, International. They have since presented an opinion that the system would require extensive
alterations, along with the addition of a new fuel source, resulting in a greater net cost to operate the
system. Recent problems with controlling the system have been unresolved by LFG&E, International
and staff has taken corrective action with the help of the former consultant, GC Environmental, Inc. It is
therefore staff's opinion that LFG&E, International is unable to manage the system as economically or
effectively as did the prior firm of GC Environmental, Inc.
Because GC Environmental, Inc. submitted the only other qualified proposal in the original process, staff
recommends termination of the agreement with LFG&E, International and approval of a new agreement
with GC Environmental, Inc. Both proposals had comparable rates for work done on a time and material
basis. This agreement includes $400,000 for additions to the current system as needed for construction
of the landfill cap, and $100,000 for routine monitoring and maintenance costs to be paid from the
Landfill Reserve Fund over three years.
Item 8hh. Metropolitan Medical Resoonse System ~MMRS~ Grant. The City entered into a Federal
Contract in May 2002 with the Federal Department of Health and Human Services (DHHS) for $400,000
to prepare the MMRS. DHHS modified the grant by providing an additional $200,000 for Modification II,
which provides for additional training, equipment, supplies and a portion of the consultant fee; and
$280,000 for Modification III, which provides for a capability report, sustainment plan, Operational Area
report, and the remainder of the consultant fee. Staff recommends appropriation of $480,000 and
amendment of the agreement with the consultant.
Item 8ii. Amendment No. 2 to Aqreement No. 03-108 with Rutan & Tucker for Outside Leqal Services in
the amount of $20,000 for a total not-to-exceed amount of $75,000. In February of 2003, a lawsuit was
filed against the City by Robert Stevens challenging the denial of a permit to construct and operate a
"Gentleman's Club." Prior to the filing, the City executed an agreement with Jeffrey Goldfarb of the law
firm of Rutan & Tucker to provide expert legal advice concerning regulation of "sexually oriented
HONORABLE MAYOR AND CITY COUNCIL
AUGUST 22, 2003
PAGE 4
businesses." Mr. Goldfarb also was utilized as co-counsel to defend the City. The agreement provided
for costs associated with the lawsuit and complaint in an amount not to exceed $55,000. The Court
found in favor of the City and now the City must recover its costs. Staff recommends a second
amendment so that Mr. Goldfarb can prepare the necessary Judgment and filings necessary to recover
the City's costs.
Item 8kk. Amendment No. 2 to Aqreement No. 02-356 with Michael G. Marderosian for Outside Leaal
Services in the amount of $60,000 for a total not-to-exceed amount of $140.000. Mr. Marderosian of the
Law Offices of Marderosian, Runyon, Cercone & Lehman was hired to handle the matter of Ochoa v. City
of Bakersfield. Although the City and its police officers were successfully defended, the plaintiff was
granted an appeal for new trial. This amendment is required for continued legal services in this case.
Item 8mm. Amendment No. I to Aqreement No. 02-341 with Kern Economic Development Corporation
for Economic Development in Kern County in an amount not to exceed $56.000. The current agreement
expired June 30, 2003. This amendment will be retroactive to July 1, 2003 and extend to June 30, 2004.
As a result of the current budget crisis, KEDC will receive a reduction in its annual payment from $20,000
to $18,000, and the potential incentive amount from $50,000 to $36,000. The amendment also
restructures the payment schedule from a lump sum amount to periodic payments.
Item 8nn. Amendment No. I to Aqreement No. 00-140 with the Bakersfield Civic Liqht OPera
Association (a.k.a. Bakersfield Music Theater) for Early Release of Mortqaqe Collateral. On August 18,
2003, the Budget and Finance Committee considered a request for the Bakersfield Civic Light Opera
Association (BCLOA) to release the collateral that secures its CDBG-funded loan from the City. The
original amount of the loan was $50,000 and is forgivable in nature. Payment for the first three years'
obligations has been forgiven, leaving an outstanding balance of $20,000. BCLOA is requesting only the
release of its collateral. Its obligations under the loan agreement would remain in effect until the
expiration of the loan on May 23, 2005. The Committee recommends approval based on the BCLOA's
performance to date on meeting the terms of the agreement.
Bids:
Item 8oo. Award Annual Contract to L.N. Curtis & Sons, for Protective Jackets and Trousers for
Structural Fire Fiqhtinq in an amount not to exceed $64.000. Replacement is required on a periodic
basis of these garments due to damage during fire fighting, and normal aging and breakdown. Additional
and replacement quantities needed during the contract period are not yet known. Two acceptable bids
were received. Staff recommends award to L.N. Curtis & Sons.
Miscellaneous:
Item 8tt. Appropriate $360,000 Transportation Development Fund Balance to the Capital Imorovement
Budqet for Construction of a Larqe Box Culvert at the Intersection of Calloway Drive and Olive Drive.
Construction of the large box culvert at the intersection of Calloway Drive and Olive Drive required a 24"
gas main be relocated. Due to the nature of improvements, the gas line had to be relocated in two
different phases; the first of which was completed at the expense of Southern California Gas Company.
The second phase includes undergreunding the portion that currently bridges the old canal alignment. In
order to get the gas line relocated this year, the City must deposit with Southern California Gas Company
the amount of $160,000 which will be used to design the project and pay for materials. It is anticipated
that the total cost to the City will be approximately $360,000.
Item 8uu. City Positions on Leaque of California Cities Resolutions. The proposed resolutions have
been reviewed by the City's department heads, and now are presented for Council's consideration for
approval. The resolutions must be acted upon now in order for the Voting Delegate to be given Council
direction regarding voting in time for the League's Annual Conference Business Meeting on September
10, 2003.
HONORABLE MAYOR AND CITY COUNCIL
AUGUST 22, 2003
PAGE 5
Item 8w. Community Development Block Grant (CDBG) Economic Development Loan Policy. Since
the new prevailing wage law has been in effect, the economic value of a business accepting a loan with
100% repayment requirement does not offset the cost of the required prevailing wage compliance
requirement in the increased development costs. Staff believes this has led to a steep decline in interest
and utilization of the loan program. On August 17, 2003, the Budget and Finance Committee
recommended allowing more flexibility to staff in structuring direct loan assistance for projects.
Modifications include: 1) Assistance requests may not exceed 50% of the total project development
costs (previously 30%); and 2) Loans may be structured as forgivable based on achieving certain
employment benchmarks each year over the life of the loan and based on the project's expected cash
flow. For all future CDBG financial assistance request packages, Staff will include a summary of the deal
points for consideration by the Committee, Redevelopment Agency and Council. Staff would encourage
the City Council to allow deal flexibility on a case by case basis.
HEARINGS
Item 9a. Protest Hearinq for Proposed Assessment District No. 03-1 (Briqhton Place/Silver Creek II. On
July 9, 2003, Council approved the Preliminary Engineer's Report and scheduled the hearing for August
27, 2003 to hear public protest. The Final Engineer's Report is usually adopted after the hearing, but
Castle & Cooke California Inc. requested additional changes be made to the Final Engineer's Report.
Bond Counsel said this could be done by continuance of the hearing so the Assessment Engineer would
have time to make additional changes. Staff recommends opening the hearing and continuing it to
September 24, 2003.
Item 9b. Protest Hearinq for Proposed Assessment District No. 03-2 (Buena Vista Ranch/Belsera
II/Montara Il/Olive Park II). On July 9, 2003, Council approved the Preliminary Engineer's Report and
scheduled the hearing for August 27, 2003. Following the close of the hearing, adoption of this
resolution will approve the Final Engineer's Report, levy the assessments and order the public
improvements. The next step will be the Resolution Approving the Form and Substance of Preliminary
Official Statement and Bond Purchase Contract at the September 10, 2003 Council meeting.
Item 9c. Public Hearinq Reqardinq Amendment No. I to Resolution No. 178-02 Adoptinq the Street Cut
Workmanship and Performance Warranty Fee Confirminq Effective Dates of Phased in Fee Increase.
State law requires increases in existing fees and charges to be adopted by ordinance or resolution
following a public hearing. This Amendment does not increase any of the fees included in the original
Resolution, rather it provides clarification on the effective dates of the phased-in fees. The original
agreement adopted the Warranty Fee increase in three phases. The first phase went into effect on
November 1, 2002. The dates that Phase 2 and Phase 3 were to become effective were not clearly
defined in the original Resolution. This Amendment to the Resolution states that Phase 2 will go into
effect November 1, 2003, and Phase 3 will become effective November 1, 2004.
Item 9d. Resolution of Orderinq the Vacation of the 20 Foot Wide Alley West of Chester Avenue
between 26t" and 27th Streets. San Joaquin Hospital is planning a 135,000 square foot building
expansion project at their existing location. The expansion project includes a new parking lot over the
entire block east of the hospital to Chester Avenue, between 26th and 27th Streets (Block 486). The
hospital requests vacation of the public alley in Block 486 to facilitate the new parking lot design. The
utility companies serving the area indicate they have facilities in the vacating area that will need to be
protected by reservation of an easement. Public Works notes that a public utility easement must be
reserved over the entire vacating area to serve this purpose.
REPORTS
Item 10a. Westside Parkway Landscaoina and Aesthetic Treatment. Staff will present a brief report that
will provide examples of how various bridge designs, lighting, and landscaping elements would be done
as part of the Westside Parkway project.
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Workshop
ITEM: ~,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~
DATE: August 12, 2003 CITY ATTORNEY ,/~'
SUBJECT:
Traffic signal synchronization programs.
RECOMMENDATION:
BACKGROUND: Staff will provide a presentation on the City of Bakersfield's traffic signal operation and
coordination with traffic signal synchronization programs.
Major segments of arterial streets in the City have been coordinated with signal synchronization since the
eady 1980's. Nearly one-half of the 270 plus traffic signals operated by the City of Bakersfield are in
coordinated traffic signal synchronization during a portion of the day. The heaviest usage of signal
synchronization occurs during the peak commuting hours in the morning and in the afternoon. During
those times, the traffic coordination is prioritized for the heaviest directional flow of traffic. For example,
the heaviest flow of traffic on Stockdale Highway is in the eastbound direction in the morning commute
hour. The traffic signals are synchronized for an eastbound coordinated flow. Drivers going westbound at
this time of day wilt experience more delay since the eastbound direction has the priority. The workshop
will explore this challenge to accommodate traffic flow, our current signal programming priorities and future
improvement concepts for smooth traffic flow as the volumes increase on our City streets.
August 13, 2003, 9:21AM
G:\GROUPDAT'~DMINRPT~2003\08-27~Signal Synch Workshop.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
J ITEM: o~. b,
AGENDA SECTION: Workshop
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul N1. Rojas, Public Works Director
August 11, 2003
DEPARTMENT HEAD A~OVED
Anti-Graffiti Program Coordination with County of Kern.
RECOMMENDATION:
BACKGROUND: Staff will provide a presentation outlining the graffiti removal coordination effort with the
County of Kern within the Metropolitan Bakersfield area.
August 11, 2003, 2:31 PM
G:\G ROU PDA'[~ADMIN R PT~2.003\08-27~G raffiti Workshop.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Workshop
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
August 18, 2003
DEPARTMENT HEAD
CITY A'I-rORNEY
CITY MANAGER
APPROVED
City Council Goal Setting
(Council will recess to the City Manager's Conference Room to discuss this item.)
RECOMMENDATION:
Council determination.
BACKGROUND:
This item includes a continued review and update of the City Council Goals which were adopted by the
City Council on April 24, 2002. The Council met on July 9~h and reviewed goal #1 regarding public safety
services and a portion of goal # 2 regarding transportation services. The Council may choose to update
goals or make additional modifications as desired. A report on the status of the current goals is provided
with this administrative report for your information.
As previous indicated to the Council, the current financial crisis, coupled with our receipt of a record
number of grants, creates an unusual set of circumstances.
Public Safety has been Council's top priority with streets shortly behind. That is unlikely to change when
the goals are updated. The odd circumstance is that the State actions targeting our budget are aimed at
the General Fund--predominantly public safety and streets. At the same time, we have been successfully
obtaining grants for housing, beautification, environmental clean-up, parks, recreational vehicle parks, and
other priorities which are not as high as the above priorities for which the funding is threatened.
The bottom line is our funding may not match our priorities. We should continue to keep items on the
Council Goal list which are secondary in nature because there are opportunities to advance them through
grants.
The City Manager and Department Heads recently reviewed the goals and a report is also included which
has several recommended changes to the goals based on their completion, changes in their status or for
clarification purposes. Additions are shown in red-line (shaded format) and deletions are shown as strike-
outs. The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020
report and provide policy guidance to staff for budgetary and program implementation.
August 18, 2003, 3:00PM
S:~Adrnin Rpts~2003\Council goals admin-08-2?-03 workshop,doc
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: July 27, 2003
AGENDA SECTION: Closed Session
ITEM: w~. 0~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 18, 2003
APPROVED
DEPARTMENT HEAD ~
CITY A'I-rORNEY ~
C -MA. AGER/'dT.O'5
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (C) of Government Code section 54956.9.
Goland and Roy v. City of Bakersfield, et al
Kern County Superior Court Case No. 250490-AEW
RECOMMENDATION:
BACKGROUND:
BJT:las
August 18, 2003, 10:06AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Presentations
ITEM: ..~. O...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
August 15, 2003
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Presentation by Mayor Hall of Proclamation to Lou & Sheryl
September 10, 2003, as "Lou & Sheryl Barbich Day".
APPROVED
Barbich, proclaiming
RECOMMENDATION:
BACKGROUND:
ndw
August 15, 2003, 1:30PM
S:\MAYOR~ADMIN~LOU & SHERYL BARBICH DAY.doc
ADMINISTRATIVE
REPORT
IMEETING DATE: August 27, 2003
AGENDA SECTION: Appointments
ITEM: ,"[,
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Bad J. Thiltgen, City AEorney
August6,2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Appointment of members of the City - County Ad Hoc Committee on Emergency Medical
Services Delivery System in the Greater Metropolitan Bakersfield Area.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
On July 30, 2003, the City Council adopted a resolution which, in pertinent part, requested the
formation of an ad hoc committee consisting of two (2) members of the County of Kern Board of
Supervisors and one (1) number of their staff along with three (3) members of the City Council to perform
the following functions:
A) study and make recommendations to both legislative bodies regarding any future
requested ambulance service charge increases; B) consider the advantages,
disadvantages and economic impacts of utilizing City and County fire department
personnel as first responders to emergency calls, and develop a recommendation
regarding the same to both legislative bodies; and C) evaluate and develop criteria
to determine when Advanced Life Support ambulance service is required or
whether Basic Life Support ambulance service may be the acceptable level
necessary to provide the needed ambulance service, in certain cases; and, D)
evaluate and provide recommendations to both legislative bodies regarding the
overall EMS delivery system, including, but not limited to, reviewing the methods
and means for cooperative regulation of the ambulance industry to ensure equality
of service and ambulance service charges within the Greater Metropolitan
Bakersfield area, reviewing the potential for developing a public-private partnership
for sharing responsibility for portions of the EMS delivery system, reviewing means
to increase efficiency of the system, reviewing methods to reduce costs to both the
providers and the citizens, and evaluating any other potential changes which would
maintain and/or improve the high quality delivery of ambulance services within the
Greater Metropolitan Bakersfield area at the least cost to the citizenry.
Vice Mayor Couch, in accordance with Council Policy, is to make nominations of
members to sit on this ad hoc committee. Confirmation of these appointments by the City Council
is required.
BJT dll
S:/COUNC~L~,dmin$~&mbulanceRateAdHocAdmm doc
Augmst 6. 2003 - 10:02 AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: 6, 0.,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk ~z~l
APPROVED
August 12, 2003
DEPARTMENT HEAD ~
CITY A'I-FORNEY
Approval of minutes of the July 30, 2003 Council meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
pi
S:\Council~admins~2003~JUNE 13, 2003.DOT
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
August 14, 2003
APPROVED
CITY ATTORNEY ~.~-~
CI'I:Y MANAGER ~
Approval of department payments from July 18, 2003 to August 14, 2003 in the
amount of $11,846,667.72 and self insurance payments from July 18, 2003 to
August 14, 2003 in the amount of $594,800.76.
RECOMMENDATION:
Staff recommends approval of payments totaling $12,441,468.48.
BACKGROUND:
klg
August 14, 2003, 4:08PM
S:\KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: <~, ~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 4, 2003
DEPARTMENT HEAD
CITY A'I-rORNEY
CI-TYMANAGER
APPROVED
SUBJECT:
2.
3.
4.
5.
First reading of an ordinance amending Section 15.80.080 A. of the Bakersfield
Municipal Code relating to Formula for fees in-lieu of land dedication.
First reading of an ordinance amending Section 16.16.020 of the Bakersfield
Municipal Code relating to Tentative Maps - Forms.
First reading of an ordinance amending Section 16.16.080 of the Bakersfield
Municipal Code relating to Tentative Maps - Extension.
First reading of ordinance amending Section 16.28.170 P. of the Bakersfield
Municipal Code relating to Lots.
First reading of an ordinance amending Section 16.52.030 of the Bakersfield
Municipal Code relating to Tentative Maps - Appeals.
RECOMMENDATION:
Staff recommends first reading of these ordinances.
BACKGROUND:
Bakersfield Municipal Code, Title 16, codifies the Subdivision Map Act provisions within the
California Government Code. The last significant update to our subdivision chapter was approved in May
2001. Since that time, Staff has discovered the need to slightly amend some of the sections to better
reflect the actual application process, provide clarification, and to correct typographical errors. The
following summarizes the "clean-up" amendments proposed by staff:
Section 15.80.080 corrects a typographical error in the formula calculating the amount of
the fee paid in-lieu of park land dedication. Although the formula is incorrectly shown in the
ordinance, staff has been using the correct formula in calculating the amount of the fee.
Section 16.16.020 reorganizes the section to simplify the list of needed information for a
subdivision application. Applicants were confused because the original text was wordy and
unclear. The reorganization separates the items in a list format for easier understanding.
August 4, 2003. 10:49AM
S:\COUNC IL~Admins\l 5.080.080-16.16.020&080Amend.doc
ADMINISTRATIVE REPORT
Changes to Sections 16.16.080 B and D were approved with the May 2001 amendments.
However, due to the volume of changes in 2001, changes to these sections were
overlooked. This amendment makes the correction. All tentative maps are now approved
for an initial three years and then extensions of time may be approved for another five
years. These time frames are consistent with the State Subdivision Map Act and agreed
upon by the Permit Streamlining Committee in 2001.
Section 16.16.080 G adds text to clarify when a Revised:Tentative Map may be required by
the City Engineer and Planning Director. This amendment benefits the subdivider by
allowing approval of a second map on property so that phases of tracts may be sold.
Section 16.28.170 P ciadfies that there is limited use of reversed corner lots in residentially
zoned subdivisions. The change allows reversed comer lots in commercial and industrial
properties.
Section 16.52.030 increases the timeframe from 30 to 60 days of when an appeal may be
heard by the City Council due to the limited number of City Council meetings, the limited
number of hearings for each meeting, and the time needed to prepare the Administrative
Report for the City Council. A City Council meeting may not always be available within 30
days to hear the appeal.
After holding a public hearing on July 17, 2003 to consider these ordinance amendments, the
Planning Commission adopted Resolution No.113-03 recommending their approval to the City Council.
No one spoke during the headng. The proposed amendments are exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3), General Rule. As such,
Staff recommends first reading of the ordinances.
VG:alj
August 5, 2003, 12:53PM
S:\COUNCIL~AdminsH 5.080,080-16.16.020&080Amend.dcc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Consent Calendar
ITEM: ~. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 20, 2003
Drainage and sewer facilities.
APPROVED
DEPARTMENT HEAD
CITY A'I-rORNEY
CI_TY MANAGER
First reading of an ordinance amending Section 16.32.060 E. of the Bakersfield
Municipal Code relating to sewer areas.
First reading of an ordinance amending Section 16.32.060 of the Bakersfield
Municipal Code relating to drainage and sewer facilities.
Adoption of Resolution No. 1315 to establish the Tevis Ranch Planning Drainage
Area and preliminarily approving the boundaries of the area and the cost and fee
schedule. (Ward 4)
RECOMMENDATION:
Staff recommends first reading of these ordinances and adoption of the Resolution of Intention.
BACKGROUND:
Chapter 16.32 of the Bakersfield Municipal Code concerns Subdivision Improvements. Section
16.32.060 deals with tract map improvements in subdivisions for which a final tract map is required.
Paragraph D of this section discusses the payment of fees for drainage facilities. Over the past several
years, drainage areas have been established by the City Council. Some of these drainage areas have
been closed. In other words, the drainage facilities are installed and fully paid for. As such, Staff
desires to remove these areas from the ordinance since the City is no longer collecting fees.
The same is true for sewer facilities, which are identified in paragraph E of Section 16.32.060.
Several of these planned sewer areas are fully constructed and paid in full or the reimbursement
agreement has expired and therefore, should be removed from the Code.
Currently, the City is proposing a drainage system to improve the efficiency of the existing
drainage facilities in the area south of White Lane and between Old River Road and Buena Visa Road.
The existing system consists of three retention basins currently not draining to City standards. The
proposed system will consist of a pipeline system that will drain water from these existing basins to a
new larger basin. Water from this larger basin will then be pumped into the Buena Vista Canal.
August 20, 2003, 2:06PM
S:\COUNCIL~Admins\~ 6.32.060Amend.doc
ADMINISTRATIVE REPORT
Funding for this project would be through a Planned Drainage Area (PDA). Future developments
in the assessable area would pay their proportionate share of the costs of this project. Areas that are
developed are reflected within the benefit area and will not be charged the PDA fee. Their share of the
PDA fee will be paid by the City.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements
and the assessment fee scheduled.
The above-discussed ordinance amending section 16.32.060 includes the addition of the Tevis
Ranch Planned Area to the list of Drainage Areas for which subdividers/developers are charged at time
of development to pay the cost of constructing the planned facilities.
VG:alj
August 20, 2003, 1:20PM
S:\COUNCIL~Admins~I 6.32.060Amend.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent
ITEM: ~, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 23, 2003
AP~P_R OV,~ D
DEPARTMENT HEAD//'/~
CITY ATTORNEY
//
MANAGER
An ordinance amending the Bakersfield Municipal Code Sections § 1.12.010, 1.12.040
and 1.12.070 by adding Annexation No. 437 to Ward I and Ward 4 and Annexation No.
438 to Ward 4 and Ward 7. (Wards 1,4 and 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on July 30, 2003.
This ordinance amends the ward boundaries to include Annexation Nos. 437 and 438 areas
into the corresponding Council Ward. The annexations were approved by LAFCO recently.
Annexation No. 437 is located in two separate areas. A twenty acre area is at the northwest
corner of Stockdate Highway and Renfro Road and the other 100 +/- acres is located at the
southwest corner of Cottonwood Road and Pacheco Road. The property owners have
consented to annexation to receive city services.
Annexation No. 438 is located in two separate areas as well. One 80 acre site is located at the
northeast corner of Allen Road and Olive Drive and the other area at the northwest corner of
Springdale Drive and Sunflower Way which covers 1/2 acre.
MO:pjt
Admin\aug\8-27-437&438
MEETING DATE:
ADMINISTRATIVE REPORT
August 27, 2003 I AGENDA SECTION: Consent
I
ITEM: <~..~--.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 23, 2003
APPROVED
DEPARTMENT HEAD~~
CITY ATFORNEY
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 55
acres and to C-2/PCD (Regional Commercial/Planned Commercial Development) on 25
acres located at the southwest corner of Kratzmeyer Road and Allen Road (ZC 03-0014).
(Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted first reading of the Ordinance on July 30, 2003.
This ordinance would permit the development of single family residential units and retail
commercial. The Planning Commission conducted public hearing(s) on this Zone Change and
recommended City Council approval on June 19, 2003. Several people expressed concerns
regarding the commercial center, for that reason the Planning Commission have recommended a
Planned Commercial Development (PCB) overlay to provide greater control over the final design of
the project. Applicant agreed to all conditions and mitigation for the project.
There was much discussion on air quality impacts and mitigation was incorporated into the
conditions of approval. It should be noted that the measures regarding air quality were reviewed
and supported by the Southern San Joaquin Valley Air Pollution Control District.
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 May 9,
2003, in accordance with CEQA.
MO
Admin\aug\8-27~0014
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent
TEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
August 7, 2003
,,/'"-'A~P[ROVED
DEPARTMENT H ~AE~,,//J'-/~./
CITY ATFORNEY ,/
ClYY MANAGER
SUBJECT:
An ordinance adopting the Notice Of Exemption and amending Title 17 of the Municipal
Code and Zoning Map No. 102-08 from OS (Open Space) to R-2 (Limited Multiple-Family
Dwelling) on 9,941 square feet and from R-2 to OS on 2,695 square feet located
approximately 200 feet south of the Olive Drive - Via Tevere Street intersection (ZC 03-
0339). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Notice Of Exemption and made first reading of the ordinance on
July 30, 2003
The project consists of minor adjustments to zoning districts within the RiverLakes Ranch Specific
Plan boundaries. This Zone Change is an exchange of land between Kyle Carter Homes and
RiverLakes Golf Course, LLC. The existing R-2 designation will become OS, and existing OS will
become R-2. Existing R-2 zoned land is undeveloped; however, it is located within the boundaries
of Vesting Tentative Tract No. 6019 and within an area developing to single-family dwellings.
Existing OS land is part of a golf course. One additionaJ R-2 lot will be created. This exchange of
land should not have any affect on the surrounding land uses.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on June 19, 2003. No significant issues were
raised by the public or any affected public agency at the public hearings held by the Planning
Commission.
RED
Admin\8-27-0339
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent
ITEM: ~, h,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
August 7, 2003
¢~--~,PPROVED
C MA. AG 'R
An ordinance adopting Title 17 of the Municipal Code and Zoning Map No. 124-02 from A
(Agriculture) to R-l/PUD (One Family Dwelling-Planned Unit Development) on 81.10 acres
generally located approximately 1,600 feet south of State Route 58 between Zephry Lane
(extended), Shirley Lane (extended), Sterling Road (extended) and Oswell Street
(extended) (ZC 03-0343). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the mitigated Negative Declaration and made first reading of the
ordinance on July 30, 2003
Applicant proposes to construct 360 single family dwelling units on the 81.10 gross acre site. This
equates to 4.40 dwelling units per gross acre or approximately 5.90 units per net acre. This
density is within the LR density range (~ DU/NA).
The Planning Commission conducted public hearings on this Zone Change and recommended City
Council approval on June 19, 2003. No significant issues were raised by the public or any affected
public agency at the public hearings held by the Planning Commission.
RED/pjt
Admin\8-27-0343
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent
ITEM: ~. i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
August 4, 2003
//~,~ROVED
DEPARTMENT HE~/~,
CITY ATFORNE~'
An Ordinance adopting a Negative Declaration and amending Titl~ 17 of the Municipal
Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One Family Dwelling) on
81.7 acres, A (Agriculture) to R-2 (Limited Multiple-Family) on 4.5 acres, and A (Agriculture)
to C-2 (Regional Commercial) on 12 acres located adjacent to the west side of Cottonwood
Road, between East Pacheco Road and East Fairview Road (ZC 03-0362). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on July 30, 2003. The requested
zone change (ZC 03-0362) was proposed in conjunction with GPA 03-0362, which the City Council
adopted on July 30, 2003. The City Council also adopted conditions of approval which are
provided in Exhibit 3 of the Ordinance.
This Ordinance reflects the general plan amendment in the zoning ordinance.
WC
(Admin\8-27-0362)
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Consent
ITEM: <~, ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
August 4, 2003
DEPARTMENT HExAD
CITY ATTORNEy,
CITY MANAGER
SUBJECT:
Ordinance adopting the Notice of Exemption and amending Title 17 of the Municipal Code
and Zoning Maps 103-31,123-11,103-24 and 123-24 (on five separate sites).
(ZC 03-0394). (All Wards)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted first reading of the Ordinance on July 30, 2003.
The five sites ail involve recently approved and constructed multi-family developments. All five
sites were approved using the conditional use permit process. The change in zone reflects the
actual use and intensity of development. No issues were identified via the public hearing process.
MG
(Admin~ug\8-27~0394)
MEETING DATE:
ADMINISTRATIVE REPORT
[
August 27, 2003 I AGENDA SECTION: Consent
I
TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 23, 2003
/~-'~ROVED
DEPARTMENT H ,F_.,A'D
city
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-25 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family
Dwelling) zone on 20 acres located along the north side of Hosking Avenue, generally
between Wible Road and State Route 99 (ZC 03-0418). (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted first reading of the Ordinance on July 30, 2003
This ordinance would permit the development of single family residential units. The Planning
Commission conducted public hearing(s) on this Zone Change and recommended City Council
approval on June 19, 2003. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 9,
2003, in accordance with CEQA.
MO
Admin\aug\8-27-0418
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
IITEM: ~. ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 14, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Resolution of Intention No. 1308 to add territory, Area 1-43 (Allen, Noriega NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No.
6129 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
median and street landscaping. Area 1-43 is generally bounded by a line 1/4 mile north of Noriega Road
on the north, a line 1/4 mile east of Allen Road on the east, Noriega Road on the south and Allen Road on
the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier
level when landscaping has been installed,
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
Lvd
July 24, 2003, 9:07AM
G:\GROUPDAT~ADMINRPT~2003\08-27\MD143Ri03.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Consent Calendar
ITEM:~, tm,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 14, 2003
DEPARTMENT HEAD A;//~VE D
CITY ATTORNEY ,/~'~/--'~"
CITY MANAGER ~
Resolution of Intention No. 1310 to add territory, Area 4-28 (Paladino, Morning SW) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving Public
Works Director's Report. 0Nard 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6191, to be included in the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Staff recommends the addition of territory, Area 4-28 (Paladino,
Morning SW), to the Consolidated Maintenance District. Area 4-28 is generally bounded by Paladino
Drive on the north, Morning Drive on the east, a line 2307 feet south of Paladino Drive on the south, and a
line 1/2 mile west of Morning Drive on the west. This area will be under the park and streetscape zones of
benefit and will be assigned appropriate tier levels when a park has been constructed and street
landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Ivd
July 31, 2003, 5:05PM
G:\GROUP DAT~AD MI NRPT~2003\08-27~MD4-28Ri03.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
JAGENDA SECTION: Consent Calendar
ITEM: 9,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 14, 2003
DEPARTMENTHEAD
ClTY ATTORNEY
CITY MANAGER
APPROVED
Resolution of Intention No. 1312 to add territory, Area 3-22 (Akers, McKee SE) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6152, be included in the Consolidated Maintenance District as required by section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
a public park and street landscaping. Staff recommends the addition of territory, Area 3-22 (Akers, McKee
SE), to the Consolidated Maintenance District. Area 3-22 is generally bounded by McKee Road on the
north, Wible Road on the east, Taft Highway on the south, and Akers Road on the west. This area wil~ be
under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park
has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Ivd
August 11, 2003, 5:15PM
G:\GROUPDAT~ADMINRPT~.003\08-27\MD3-22Ri03.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Consent Calendar
ITEM: <~, 0,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 14, 2003
A,~pROVED
DEPARTMENT HEAD Z~ J
ClTY ATTORNEY ~/~
CITY MANAGER ~
Resolution adding territory, Area 1-27 (Noriega, Old Farm NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On July 30, 2003 the Council adopted Resolution of Intention No. 1260 to add territory,
Area 1-27 (Noriega, Old Farm NW), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tentative Tract No. 6068. Area 1-27 is generally bounded by a line
1/4 mile north of Noriega Road on the north, Old Farm Road on the east, Noriega Road on the south and
a line 1/4 mile west of Old Farm Road on the west. This area will be under the streetscape zone of benefit
and will be assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
Lvd
July 25, 2003, 11:28AM
G:\GROU PDAT~ADMIN RPT~2003\08-27\MD 1-27Est03 dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Consent
ITEM: ~o. ~D.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
August 12, 2003
.,~~/t~RO VED
DEPARTMEN~ .j
CITY ATTO R,~NEY ,..~./'-~'''L'-
SUBJECT:
A Resolution of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 450 located along the south
side of McKee Road, generally between Wible Road and State Route 99. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 450 to the City of Bakersfield. The proposed annexation consists
of 40 acres of uninhabited land located south of McKee Road, between Wible Road and State
Route 99.
The property owner has consented to annexation and wishes to receive city services.
MO:pit
p:admin~aug\8~27-449
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent
ITEM: 5, ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
August 12, 2003
..--~APpROVED
DEPARTMENT HEAD//.~/
CITY A'I-I'O R N,~-~TM
cITY MANAGER ~
SUBJECT:
Resolution authorizing the submission of a grant application for grant funds from the State
of California, Department of Parks and Recreation, Recreational Trails Program. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the resolution and authorize the Development Services Director to
execute all necessary documents.
BACKGROUND:
The State of California, Department of Parks and Recreation's, Recreational Trails Program (RTP)
provides funds for recreational trails and trails-related projects. The RTP is administered, at the
federal level, by the Federal Highway Administration (FHWA). It is administered at the State level,
by the California Department of Parks and Recreation (DPR). This action authorizes the
Development Services Director to apply for grant funds.
In November 2001, the City Council adopted open space policies in the General Plan which
support the establishment of open space areas, recreational areas, trails and linkages between
amenities in northeast Bakersfield. Implementation measures called for the adoption of a parks
and trails plan. The Specific Parks and Trails Plan for Northeast Bakersfield is scheduled for City
Council action on October 22, 2003. If eligible, the City of Bakersfield intends to submit an
application for grant funds to be used for the construction of an important trail linkage requiring a
large culvert under Alfred Harrell Highway.
The culvert would be located approximately one-half mile west of the Lake Ming Road/Alfred
Harrell Highway intersection.
In order for the City to apply for the RTP grant, the City Council must approve a resolution
authorizing the submission of the application as part of the grant application.
LP:pjt
Admin\aug\8-27-RTP)
ADMINISTRATIVE REPORT
MI:I:ilNG DATE: August 27, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~, r'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
August 19, 2003
Jobs-Housing Balance Incentive Grant:
DEPARTMENT HEAD
- CITY ATTORNEY
CITY MANAGER
,~VED
1) Resolution of the Council of the City of Bakersfield authorizing the requisite City
personnel to execute all documents required to access Jobs Housing Balance Incentive
Grant Program (JHBP) funds from the State of California.
2) Appropriate $314,822 Jobs-Housing Balance Incentive Grant funds to the Recreation
and Parks Department, Capital Improvement Budget within the Park Improvement Fund.
(Ward 4)
RECOMMENDATION:
Staff recommends approval of resolution and authorization to execute all necessary documents.
BACKGROUND:
The City of Bakersfield has been awarded a $314,822 incentive grant to help construct the future
children's playground at Rio Vista Park. Funding for the project comes from the Jobs-Housing Balance
Incentive Grant Program through the State Housing and Community Development Department.
The State grant program was established under Proposition 46, the Housing and Emergency Shelter Trust
Act. The program's goal is to award cities meeting the need for housing in high job growth areas. The
City of Bakersfield qualified to apply for the grant funds due to the fact it is in a moderate job growth area
and had over a 12% increase in housing permits during the year 2001. The grant funds were required to
be designated to assist in the construction of community facilities that benefit the general population.
Pursuant to the grant criteria, the funds will be used in the construction of the Rio Vista Park Children's
Playground.
S:V~,dmins\City Council~Jobs Housing Grant resolution admin.doc
811912003 3:26 PM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: ~, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 18, 2003
DEPARTMENT HEAD ~,.ROVED
CITY ATTORNEY
CITY MANAGER~"~
Construction of road connection to Coffee Road from Tract 6018. 0Nard 4)
1. Agreement for Infrastructure Development with Elmer F. Karpe, Inc., ($40,000) to
facilitate construction of a road connection to Coffee Road from Tract 6018.
2. Appropriate $40,000 Gas Tax Fund Balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Agreement and appropriation of funds.
BACKGROUND: Through a series of public headngs and meetings with the Riverlakes Home Owners
Association, development of Tract 6018 was allowed to have an access opening onto Coffee Road.
Construction of the improvements necessary to access Coffee Road were not placed on the developer as
an item he was responsible to construct, but rather to be constructed at a future date by the City.
The developer has approached the City and indicated they would be willing to construct the necessary
improvements at a cost of $40,000. Based upon Public Works verification of their estimates, this amount
was very favorable to the City. One of the reasons this cost is favorable is that it is being done in
conjunction with other improvements for the tract, therefore, we are realizing an economy of scale. Based
upon these favorable numbers, we recommend approval of this Agreement.
July 23, 2003, 8:12~,M
G:\GROUPDAT~ADMINRPT~003\08-27\Karpe Infrastructure Admin.dot
MEETING DATE:
ADMINISTRATIVE REPORT
August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, .~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 28, 2003
APPROVED
DE.ARTME.T.EAD
CiTY ATTORNEY~"~~-
C|-TYMANAGER ~
Agreement with the County of Kern to raise 4 City of Bakersfield sewer manholes within
Oswell Street.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The County of Kern proposes to contract certain road construction on Oswell Street
between Brundage Lane and Bernard Street. This is an agreement between the City and County to allow
the County as part of their project to raise 4 City sewer manhole frame and covers to street grade. The
agreement sets out the cost and duties of each party.
td
July 29, 2003, 1:53PM
G:\GROUPDA'i'~ADMINRPT~2003\08-27~Agr with Kern County ~o raise manhole in Oswell Street.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric Matlock, Chief of Police
August 5, 2003
DEPARTMENT HEAD~
CITY ATI'ORNEY
Cli'Y MANAGER
Approval of Three (3) Year Lease Agreement with Ultrex to Lease a Minolta Di650 Copier
for Police Department.
RECOMMENDATION:
Staff recommends approval of the lease agreement.
BACKGROUND:
The Police Department, Records Section is currently operating a Canon 6085 under a three-year lease
with American Business Machines. That lease expired July 31, 2003.
Specifications outlining the copying requirements of the Records Section were sent to six vendors. Each
vendor responded with a proposal. After evaluation of the proposals, staff recommends entering the
attached agreement with UItrex for lease of a Minolta Di650 copier. The attached lease if for 36 months at
$320.00 per month for a total of $11,520.00, plus a maintenance charge of $0.00800 per copy which
includes all supplies except paper and staples. Based on an average 100,000 copies per month made
by the Records Section, Ultrex offers the lowest total monthly cost bid for lease and maintenance.
E~NM/MC
August 6, 2003, 11:21AM
P:\Rpt'va, dmin\Copy Machine Lease Agreement for Records
ADMINISTRATIVE REPORT
MEETING DATE: August 27,2003 AGENDA SECTION: Consent Calendar
ITEM: '~. ~/.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stfnson, Assistant City Manager
August 11, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~'~,~-P
Contribution Agreement with the Bakersfield Symphony Orchestra in the amount of $45,000
for Fiscal Year 2003-04
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
As part of the FY 2003-04 Budget the City Council consistent with Council policy regarding
contributions to outside groups approved a contribution to the Bakersfield Symphony Orchestra in the
amount of $45,000. This amount represents about a 10% reduction compared to last years contribution
consistent with budget reductions made to other City departments and recommended by the City
Manager in the proposed budget. The agreement provides for payments for the Bakersfield Symphony
Orchestra for building rental and related expenses for concerts at the Bakersfield Convention Center
and has language which reserves the right of the City to reduce or eliminate payments should the City
experience substantial negative budgetary impacts. As state budget impacts are generally known for
FY 2003-04 it appears that further contribution reductions will not be needed this fiscal year. Therefore,
no additional reductions to the contributions are being recommended at this time.
Staff has met with representatives of the Bakersfield Symphony Orchestra and they are in agreement
with the terms of the Contribution Agreement.
(jws)
August 11, 2003, 3:52PM
S:\03-04Budpro\Symphony Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27,2003
AGENDA SECTION: Consent Calendar
TEM: ~, uO.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: August 11, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Contribution Agreement with the Bakersfield Museum of Art in the amount of $22,500 for
Fiscal Year 2003-04
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
As part of the FY 2003-04 Budget the City Council consistent with Council policy regarding
contributions to outside groups approved a contribution to the Bakersfield Museum of Art in the amount
of $22,500. This amount represents about a 10% reduction compared to last years contribution
consistent with budget reductions made to other City departments and recommended by the City
Manager in the proposed budget. The agreement provides for payments to the Bakersfield Museum of
Art for art education programs at the Museum and has language which reserves the right of the City to
reduce or eliminate payments should the City experience substantial negative budgetary impacts. As
state budget impacts are generally known for FY 2003-04 it appears that further contribution reductions
will not be needed this fiscal year. Therefore, no additional reductions to the contributions are being
recommended at this time.
Staff has met with representatives of the Bakersfield Museum of Art and they are in agreement with the
terms of the Contribution Agreement.
(jws)
August 111 2003, 3:51 PM
S:\03-04Budpro\Museum Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Consent Calendar
ITEM: <~. ,~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
August 14, 2003
APPROVED.
OE,A.TME.T.EAD,
CITY ATI'ORNEY
CITY MANAGER
SUBJECT:
Agreements with California State Firefighters' Association, Incorporated, Altaville-Melones
Fire District, and Bakersfield College - Fire Technology Program, to purchase one hundred
twenty-seven (127) surplus self contained breathing apparatus from the City for $1.00 each,
for a total of $127.00.
RECOMMENDATION: Staff recommends sale of surplus breathing apparatus.
BACKGROUND: The Finance Director has received requests from California State Firefighters'
Association, Incorporated, AItaville-Melones Fire District, and Bakersfield College to buy one hundred
twenty seven (127) surplus, used self contained breathing apparatus. Parts are no longer available for this
model nor are they interchangeable in the upgraded model now used by the Bakersfield Fire Department.
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.
Purchasing Division
DW:ljm
P:~ADMIN~003 ADMIN\C03_0827_A_Sale of Surplus Breathing Apparatus.doc
August 14. 2003, 2:05PM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: 9.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Christensen
Interim Director of Recreation and Parks
August 7, 2003
APPROVED
DEPARTMENT HEAD L'//~-~_-.----
CITY ATTORNEY ~-~
CiTY MANAGER ~
SUBJECT: StoneCreek Park
1) Agreement with Stonecreek Partners, Inc. for $310,000 for Development of Stonecreek
Park, Phase II. $100,000 Reimbursement at Completion and $210,000 Reimbursement
in Future Semi-Annual Installments.
2) Appropriate $100,000 Park Improvement Fund Balance to Reimburse the Developer.
Ward 6.
RECOMMENDATION:
1) Staff recommends approval of the agreement.
2) Staff recommends authorizing the appropriation.
BACKGROUND:
On August 30, 1995, the City acquired a 6 acre park site located at the northwest corner of Akers Road
and Whitegate Avenue. On May 7, 1997, the council entered into an agreement, (97-106), which provided
for the construction of Stonecreek Park in t~vo Phases. Phase I of Stonecreek Park is complete and fully
reimbursed.
Stonecreek Partners, Inc. is developing homes near Stonecreek Park and has expressed an interest in
completing Phase II of Stonecreek Park.
The agreement specifies that a sum of $100,000 be paid to the developer from the park improvement fund
upon recordation of a notice of completion and acceptance of the Stonecreek Park Phase Il improvements
and that future semi-annual payments are made from development fees collected from specific tracts
within the South/Southwest Park improvement Zone not to exceed $210,000. The total reimbursed to
Stonecreek Partners, Inc. under this agreement is not to exceed $310,000.
Developer is required to complete construction of Phase Il of Stonecreek Park by December 31, 2004,
unless an extension of time is granted by the City Council.
Therefore, staff is requesting the approval of the agreement and appropriation of funds.
August 7, 2003, 7:22AM
P:\Stone2admindoc.docStone2adm Jn
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. Z..
TO: APPROVED
DATE: June 25, 2003 CITY ATTORNEY ~r~ "~
c tY MANAGER
SUBJECT: Right of Way Contract with Caltrans for the purchase of 0.40 acres at the intersection of State
Highway 178 and Mount Vernon for $800.00. (Ward 3)
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
RECOMMENDATION: Staff recommends approval of contract.
BACKGROUND:
On November 19, 1990, the State of Califomia transferred to the City the 2.5 +/- acre sump located
adjacent to the eastbound off-ramp of Highway 178 at Mount Vernon Avenue. As a part of the
transfer, Caltrans reserved an easement to permit it to discharge run-off from Highway 178 into the
sump. The transfer of the sump from Caltrans to the City allowed waters from adjacent City
developments to flow into the sump.
Recently, Caltrans determined that it should widen the eastbound off-ramp at Mount Vernon and
offered to purchase approximately 040 acres necessary for its project. Attached for your consideration
is a Right of Way Contract with Caltrans to purchase the 0.40 acres. Public Works and Water
Resources have reviewed Caltrans request and found it acceptable provided that Caltrans agreed to
maintain the sump's existing capacity. The purchase price was established by an appraisal prepared
by Caltrans staff. The appraisal took into consideration the properties limited development potential.
August 12, 2003, 3:56PM
P:\MyFiles~Admin Reports'A4t Vernon Sump.doc
DMA/$
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. O./~,.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 11, 2003
Tract Maps and Improvement Agreements
DEPARTMENT HEAD )P~OVED
ClTY ATTORNEY ~
CiTY MANAGER ~
Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar
Bakersfield, Inc. for Tract 6077 Units 5 and 6 located north of Olive Drive and west of
Catloway Drive. (VVard 4)
Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar
Bakersfield, Inc. for Tract 6082 Unit 3 located north of Pacheco Read and west of Old River
Road. (VVard 5)
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
August 11, 2003, 9:28AM
G:\GROUPDAT~ADMINRPT~2003\08-27\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. bb.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ~'~ .
DATE: July 17, 2003 CITY A'l'rO R N E Y ~.~'~'~
CITY MANAGER ~
SUBJECT:
Transportation Impact Fee Agreement with Castle & Cooke California, Inc. for Tract 6030
(Estimated Impact Fee Credit - $328,086), located on Buena Vista Road and Allen Road
Boulevard. (Ward 5)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Castle & Cooke California, Inc. has constructed canal culverts along the Kern River
Canal at Ming Avenue and at Allen Road with their Tract 6030. Transportation Impact Fee credit is
available for the culverts. Castle and Cooke has requested that the Transportation Impact Fee Credit
available from this improvement be applied to lots in Tracts 6001, 6030, 6045, 6050, 6051, 6055, 6086,
6087, 5936, 5946, 5954, 5955, 5928, 5882 and Parcel Map 10668. The credit available is estimated at
$328,086.
August 7, 2003, 2:04PM
G:\G ROUPDA'P~ADMIN R PT\2003\08-27~6030TIFadmin.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: ~, CC.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 12, 2003
DEPARTMENT HEAD /~ROVED
V
ATTORNE -- --
CIT~MANAGER ~
Transportation Impact Fee Agreement with Lennar Bakersfield, Inc. for Tract 6032
(Estimated Impact Fee Credit - $250,000), located north of Ming Avenue between Buena
Vista Road and Allen Road Boulevard. (Ward 5)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Lennar Bakersfield, Inc. has constructed their portion of a canal culvert along the
Kern River Canal at Ming Avenue with their Tract 6032. Transportation Impact Fee credit is available for
the culvert. Lennar Bakersfield has requested that the Transportation Impact Fee Credit available from
this improvement be applied to lots in Tracts 6032, 6082 and 6156. The credit available is estimated at
$250,000.
August 12. 2003, 9:13AM
G:\GROUPDAT~ADMINRPT~2003\08-27~6032TIFadmin.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: '~. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 4, 2003
DEPARTMENT HEAD ~OVED
ClTYATDORNEY ~ -
CiTYMANAGER
Consultant Agreement with Maurice Etchechury ($100,000) for Project Management
Services on various Capital Projects.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Over the past fiscal years, a backlog of projects has developed in the Capital
Improvement Program. Several issues have contributed to this backlog, such as large projects that
require substantial amounts of staff time and vacant positions in both the Construction Engineering and
Design Engineering Divisions, including a currently vacant Civil Engineer III position that cannot be filled
due to budget constraints. Other consultants, such as the On Call Civil Engineering agreements, are
limited to just design services. The consultant under this agreement is very capable in project
management both in design and construction. His work efforts will be valuable in helping reduce this
backlog.
The primary project to which the Consultant will be assigned is the completion of several remaining
elements on the Calloway Drive / Olive Drive culvert and intersection construction project. Those
elements include the relocation of an existing gas main west of Caltoway Drive, construction of Olive Drive
west of Calloway Drive after that gas main is relocated; and completion of contractual issues with the
Bureau of Reclamation and other adjacent property owners. The Consultant's work o.n this project will
allow Design Engineering staff to work on the design of other CIP projects.
Other duties to be performed by the Consultant will include construction management and inspection
services on other CIP projects, providing help in reducing the backlog of projects on which construction
has not yet started.
No appropriations are necessary to pay for the cost of this Contract, as each individual project will be
charged for services rendered.
August 19, 2003, 12:04PM
G:\G ROU P DAT~A DMIN R PT'~2003\08-27~Maurice Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: <~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
August 13, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/~OVED
Consent To Common Use between the City of Bakersfield and Union Oil Company of
California for an easement within Oswell Street. (Ward 1)
RECOMMENDATION: Staff Recommends approval of the Consent To Common Use.
BACKGROUND:
The Developer of Tract 6140, located south of State Route 58 and east of Oswell
Street is required to construct Oswell Street adjacent to west boundary of the
subdivision. There is an existing Union Oil Company of California easement located
in proposed Oswell Street. Upon acceptance of the street and improvements, the
City and Union Oil Company of California will own easements and improvements
which occupy the same space. This Agreement consents to and establishes the
guidelines for the construction, reconstruction, maintenance and use of the
easements and improvements.
August 13, 2003, 8:36AM
G:\GROUPDAT~ADMINRPT~2003~08-27\CONSENT TO COMMON USE WITH UNION OIL COMPANY.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: <~, ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 15, 2003
APPROVED
DEPARTMENT HEAD
CITY A'I-rORNEY
CITY MANAGER
Agreement with Michael Brandman and Associates (not to exceed $34,650) for consultant
services to conduct a pubtic environmental review of the Bakersfield Landfill Cap Project
(Ward 3).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The final environmental closure of the former Bakersfield Landfill is being
planned for 2004. The project is described in a draft closure plan document being prepared by a
landfill engineering consultant. As the closure plan will soon be submitted to the regulatory
agencies for review and approval, it is necessary to conduct a public environmental review of the
project per California Environmental Quality Act (CEQA) guidelines.
To accomplish the CEQA review, a request for proposals (RFP) for consultant services was
issued to several firms. The most qualified proposal was received from Michael Brandman and
Associates. Staff recommends approval of the agreement. Compensation for this work is not to
exceed $34,650, which will be funded by the Landfill Closure Reserve Fund.
Engr. dc
August 14, 2003, 11:41AM
G:\GROUPDAT~ADMINRPT~2.003\08-27~BSL - Michael Brandman Agt.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: <~. ~[.~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD /~1.~.
DATE: August 15, 2003 CITY A'I-rORNEY
Cll~t' MANAGER
SUBJECT: Bakersfield Sanitary Landfill Closure Project - Landfill Gas System Services (Ward 3):
1 ) Termination of Agreement 03-035 with LFG&E, Intl. for Landfill Gas System Services.
2) Agreement with GC Environmental, Inc. for Landfill Gas System monitoring,
maintenance and additional construction not to exceed $500,000 for three years.
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: A request for proposals for landfill gas system maintenance and service was
issued to several firms in January 2003. The proposal from LFG&E, International was selected
based on slightly lower costs for monthly services. However, because LFG&E, International has
since presented an opinion that the system would require extensive alterations, along with the
addition of a new fuel source, there will be a greater net cost to operate the system. This
proposed change in methodology was not communicated in the original proposal from LFG&E,
International. Unlike other firms, LFG&E, International did not visit the site to study the system
prior to submitting their proposal. Recent problems with controlling the system have been
unresolved by LFG&E, International and staff has taken corrective action with the help of the
former consultant, GC Environmental, Inc. It is therefore staff's opinion that LFG&E, International
is unable to manage the system as economically or effectively as did the prior firm of GC
Environmental, Inc.
Because GC Environmental, Inc. submitted the only other qualified proposal in the original
process, staff recommends termination of the agreement with LFG&E, International and approval
of a new agreement with GC Environmental, Inc. Both proposals had comparable rates for work
done on a time and material basis. The only reason GC Environmental, Inc. was replaced by
LFG&E, International was because of the slightly lower monthly rate for routine monitoring
services. Because of GC Environmental, Inc.'s long track record of successful operation of the
system, it is staff's opinion that they should be used for this critical function. This agreement
includes $400,000 for additions to the current system as needed for construction of the landfill
cap, and $100,000 for routine monitoring and maintenance costs to be paid from the Landfill
Reserve Fund over three years.
Engr. dc
August 35, 2003, 3:37PM
G:\GROUPDAT~ADMINRPT~2003\08-27~BSL - Terminate LFG&E Approve GCE doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: ~. hh.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
July 24, 2003
Metropolitan Medical Response System Grant:
APPROVED
DEPAR MENT.EAD,¢' .
CITY MANAGER ~
1. Amendment to agreement with The Best Solution, Inc to prepare Modifications II and III
of Metropolitan Medical Response System for the City of Bakersfield for $62,500.
2. Appropriate $480,000 Federal Grant Revenue to the Fire Department General Fund
Operating Budget.
RECOMMENDATION:
Staff recommends approval of the agreement and appropriation.
BACKGROUND:
The City of Bakersfield entered into a Federal contract/grant in May, 2002 from the Department of Health
& Human Services (DHHS) for $400,000 to prepare a Metropolitan Medical Response System (MMRS).
The DHHS modified our MMRS grant by providing the City with an additional $200,000 for Modification II
and $280,000 for Modification III of the MMRS grant. Modification II will provide for additional training,
equipment, supplies and a portion of the consultant fee. Modification III will provide a capability report,
sustainment plan, report describing how the MMRS system will work within the Operational Area (Kern
County) and pay the remainder of the consultant fee.
The City of Bakersfield proposes to appropriate $480,000 for Phases II and III of the MMRS grant, which
includes the amended contract with The Best Solution, Inc, consultant, for the MMRS plan. Staff proposes
to amend the contract with The Best Solution for an additional amount, not to exceed $125,500. The
original contract was $63,000. The remainder of the grant funding will purchase equipment, training, and
supplies. Staff and the MMRS Steering Committee endorse the use of the existing consultant for
continuity of the project and familiarity with the City's operations. This is consistent with Federal grant
requirements.
August 18, 2003, g:41AM
S:~greements, Contracts, Resolutions\MMRS Phase 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: '~, ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 22, 2003
~_/~/~ROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
c~TYMANAGER
Amendment No. 1 to Agreement No. 99-95 with Boyle Engineering Corp ($10,000 for a total
not-to-exceed compensation clause of $85,000) for design consulting services for the
expansion and modifications of effluent storage reservoirs at Wastewater Treatment Plant 2
Project (~Vard 1).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 99-95 with Boyle Engineering Corp. was approved by the City Council
on April 28, 1999 with a not to exceed compensation clause of $75,000. Since then, Boyle has proceeded
with the work, but has been delayed by various cimumstances beyond their control. Among these, slow
plan check and review by the State of California, Department of Safety of Dams, and the untimely
retirement of the City's project manager.
The additional $10,000 will provide funding for the completion of the bid documents and assistance to the
City during the bidding and construction phases of the project.
Sufficient funds are available to fund this amendment.
July 22, 2003, 4:23PM
G:\GROUPDAT~ADMINRPT~2.003\08-27~Amend 1 to 99-95 Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 20, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATFORNEY ~
CI~'YMANAGER
Amendment No. 2 to Agreement No. 03-108 (CA 03-013) in an amount of $20,000 (for a
total not to exceed $75,000) with Rutan & Tucker for outside legal services in the matter of
Stevens v. City of Bakersfield, Superior Court Case No. 249329 NFT.
RECOMMENDATION:
StaffrecommendsapprovaloftheamendmenttotheAgreement.
BACKGROUND:
On February 3, 2003, a Petition for Writ of Mandate and Complaint for Civil Rights Violation was filed
against the City by Robert Stevens, et al, challenging the denial at site plan review of a permit to construct
and operate the Exotic Kitty "Gentlemen's Club." Prior to the filing, the City had executed a Departmental
Attorney Retainer Agreement with Mr. Jeffrey Goldfarb of the law firm of Rutan & Tucker to provide expert
legal advice concerning regulation of "sexually oriented businesses." Subsequent to the filing, the Council
was informed Mr. Goldfarb wouJd also be utilized as co-counsel to defend the City.
On May 14, 2003, the Attorney Retainer Agreement with Rutan & Tucker was amended to read "in an
amount not to exceed $55,000," to cover the costs associated with the two writ actions and the complaint
for violation of civil rights.
After several appearances, including the hearing on the writs, the matter was taken under submission by
the court on July 2, 2003. The writs of mandate contained in the first and second causes of action were
denied. Costs were awarded to the City of Bakersfield. The City was granted judgment on the third cause
of action (civil rights) plus costs. The petitioners failed to meet their burden of proof with regard to each
and every element, including damages.
At this time, it is recommended the Attorney Retainer Agreement be amended to read "Not to exceed
$75,000," as outside counsel prepares the Judgment and necessary filings to recover the City's costs. In
the event an appeal is filed in this matter, we will return to the City Council with an additional amendment
to cover the costs of handling this appeal.
BJT~je
S:\COUNCIL~Admins~A~Retaine rAgrntAmend2.Rutan&Tucker,dot
August 20, 2003, 8:43AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 6, 2003
DEPARTMENT HEAD
ClTY ATTORNEY
CI'I:YMANAGER
APPROVED
Amendment No. 2 to Agreement No. 02-356 (CA 02-040) in an amount of $60,000 (for a
total not to exceed $140,000) with Michael G. Mardero$ian for outside legal services in the
matter of Ochoa v. City of Bakersfield, United States District Court Case No. CV-F-01-5559
AWl DLB.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On November 6, 2002, the City Council was informed the City Attorney's Office hired Mr. Marderosian of
the Law Offices of Marderosian, Runyon, Cercone & Lehman to handle the matter of Ochoa v. City of
Bakersfield because of short-term staffing problems. Mr. Marderosian successfully defended the City and
its police officers in a jury trial in the matter. Unfortunately, the federal judge granted plaintiff's motion for a
new trial based upon a technicality associated with jury instructions. The matter is now being readied for a
new trial, thus, the contract amount should be increased, not to exceed $140,000, as per the attached
contract amendment.
BJT:je
August 20, 2003, 8:43AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. (,[,,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 0,~ .~,(
DATE: July 31,2003 CITY ATrORNEY ~
SUBJECT: Contract Change Order No. 3 to Agreement No. 02-307 with Granite Construction
Company for $28,750.14 (for a revised amount of $ 737,644.61) for the project known as Realignment of
Comanche Drive at SR 178 an Installation of Traffic Signal, Lighting and Flashing Beacons System at
Comanche Drive, SR 178 and Alfred Harrell Highway. (Ward 3)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: During construction of the flashing beacon and new street light system, it was
discovered that the street lights to be removed are on the same lighting circuit as other street lights on
Highway 178. Caltrans is also requiring that the existing street light system remain lit during construction.
In order to provide temporary power to the existing street lighting system and to tie in power for the
existing street lighting system to the new street lighting system, the contractor has agreed to accept a
lump sum price of $2,882.25.
The approved plans called for a 55' mast arm from the signal pole on the northwest corner of Alfred Harrell
Highway and Highway 178 in anticipation of a future road widening; however when this mast arm was
installed, Caltrans determined that it was too long for existing conditions and is requiring that a 50' mast
arm be installed. The contractor has agreed to do this work for a lump sum price of $1,166.72.
A storm drain pipe was installed by boring under SR 178; however, due to utility conflicts, the bore was
stopped 50' short of its original end point and the rest of the storm drain pipe was laid by hand in and
around the utilities. This change in work will result in a credit of $8,317.06.
During boring operations an abandoned steel casing was discovered in the area of the bore. The boring
operation had to be adjusted causing a delay to the contractor. The contractor has agreed to accept a
lump sum price of $2,981.41 for damages caused by this delay in operations.
During construction, it was discovered that the asphalt concrete and aggregate base of Highway 178 was
not as thick as anticipated at the edges. As a result, Caltrans is requiring the removal and replacement of
additional areas of roadway until fuel thickness is obtained. As a result the quantities of asphalt concrete
and aggregate base must be substantially increased. The contractor has agreed to install the additional
aggregate base and asphalt concrete at the unit bid prices. This will result in a net cost increase of
$33,289.32.
G:\GROUPDAT~ADMINRPT~2003~08-27~Comanche178 CCO#3.doc
ADMINISTRATIVE REPORT
A fence was required to be removed as part of this project; however, this fence was removed by the owner
prior to construction thereby relieving the contractor of this work. This change has resulted in a credit of
$3,152.50.
A "Signal Ahead" street sign required for the new signal system was inadvertently left off of the plans This
sign is required for signal systems. The contractor has agreed to install this additional sign at the unit bid
price resulting in a cost increase of $350.00
The amount of shoulder backing required was reduced for a credit of $250.00.
G:\G ROUPDA'i~ADMINRPT~003~8-27~Comanche 178 CCO#3.doc
INISTRATIVE
. 'ADM REPORT
MEETING DATE: August 27, 2003 I AGENDA SECTION: Consent Calendar
ITEM: <~, rY~ fyi.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
August 19, 2003
APPROVED
DEPARTMENT HEAD ~
ClTY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 02-341 with Kern Economic Development Corporation
for an amount not to exceed $54,000 for economic development in Kern County. (Wards
AH)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The agreement with Kern Economic Development Corporation expired June 30, 2003. This amendment
would extend that agreement to June 30, 2004, as well as make it retroactive to July 1, 2003.
Payment to Kern EDC has been two-phased: First, there is an annual contribution which was $20,000
during the past fiscal year. Second, there is an incentive contribution which Kern EDC can earn should it
be directly responsible for creating new jobs within the City of Bakersfield. During the past fiscal year, the
potential incentive amount was $50,000. No incentive payments were earned by Kern EDC during the
past fiscal year.
Due to the State of California's budgetary uncertainty, Kern EDC, like other outside organizations that
receive City funding, have been asked to take a reduction in contributions. This amendment lowers the
$20,000 annual payment to $18,000 and reduces the potential incentive amount from $50,000 to $36,000.
The amendment also changes how the annual payment is made. Rather than making the annual payment
in one lump sum, the amendment would change the payment to periodic payments. The first payment
would be $2,000 payable by October 1. Beginning November 1, monthly payments of $2,000 would be
made. Should the State's budget situation worsen, this system of periodic payments would allow the
agreement to be terminated and any commitment for future payment to be negated.
S:~Admins\Ci[y Council\KEDC doc
8/19/2003 3:25 PM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: '~, tq I~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
August 19, 2003
.APPROVED
DEPARTMENT HEAD
~ CITY ATTORNEY ~
CITY MANAGER ~
Amendment No. 1 to Agreement 00-140 with Bakersfield Civic Light Opera Association
(a.k.a. Bakersfield Music Theatre) for Early Release of Morlgage Collateral. (Ward 2)
RECOMMENDATION:
Budget and Finance Committee recommends approval.
BACKGROUND:
On August 18, 2003, the Budget and Finance Committee considered a request from Bakersfield Civic
Light Operation Association (BCLOA) to release the collateral that secures its CDBG-funded loan from the
City of Bakersfield. BCLOA, also known as Bakersfield Music Theatre, has a small window of opportunity
to sell the property being used as collateral and use the proceeds to reduce its bank debt. BCLOA would
like to take advantage of this opportunity and has requested speedy consideration by Council. The first
step in this consideration was review and action by the Budget and Finance Committee.
In 2000, Council approved Agreement 00-140, a CDBG-funded loan to assist BCLOA in relocating its
Stars Dinner Theatre to a downtown location at 1931 Chester Avenue. The purpose of the loan was to
help pay down the long-term lease of the new location.
The original amount of the loan was $50,000 and is forgivable in nature. Like all other CDBG-funded
loans, the borrower agreed that 51% of all jobs created will be Iow- and moderate-income individuals.
Payment for the first three years' obligations ($10,000 for each of the three years) has been forgiven,
leaving an outstanding loan balance of $20,000.
The collateral used to secure the loan is a first deed of trust on commercial property that BCLOA owns at
10518 Main Street in Lamont.
If the collateral is released, it would result in the City of Bakersfield having an unsecured loan. Loan
guidelines recently adopted by the Budget and Finance Committee call for all loan proposals to have
adequate security. Having such security is prudent lending practice to protect the taxpayers' investment.
However, the committee was comfortable with BLCOA's request due to its performance to date on
meeting the terms of the agreement.
S:~dmins\City Council\SMT ADMIN.doc
8/19/2003 9:02 AM
ADMINISTRATIVE REPORT
Page 2
BLCOA is requesting only the release of its collateral. Its obligations under the loan agreement would
remain in effect until the expiration of the loan on May 23, 2005.
Because BCLOA has provided a good redevelopment activity in downtown and has a window of
opportunity to help assure its long-term financial success, the Budget and Finance Committee
recommends Council approve an amendment to Agreement 00-140 to release collateral, and retain all
other terms and conditions of the agreement.
S:~Admins\Ci{y Council\BMT ADMIN.doc
8/19/20039:02 AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
IITEM: ~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
August 15, 2003
APPROVED
DEPARTMENT HEAD//~/.~'
CITY ATTORNEY .~-~"~---
SUBJECT: Accept bid to award annual contract to L. N. Curtis & Sons, for protective jackets and
trousers for structural fire fighting, not to exceed $64,000.00.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: These garments, sometimes called turnout coats and pants, are used by firefighters for
protection while doing their job. Replacement is required because of damage during fire fighting and
normal aging and breakdown of the garments. Additional and replacement quantities needed during the
contract period are not yet known.
Invitations to bid were sent to fourteen (14) suppliers. Two (2) bids were received August 5, 2003. The
unit prices were compared and the lowest bid was offered by L. N. Curtis & Sons.
Purchasing Division
DW:ljm
P:~ADMIN~003 ADMIN~C03_0827_B_AC Protective Jackets & Trousers for Fire Fighting.dcc
August 15, 2003, 10:25AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: pp.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 31, 2003
APPROVED
DEPARTMENTHEAD
ClTY ATrORNEY
CtTY MANAGER
ParkingforlceSpo~sofBakersfieldand McMu~reyAquaticCenter0Nard2)
RECOMMENDATION: Staff recommends approval of covenant.
BACKGROUND: In reviewing their review of the development and construction documents for the
project, the Development Services Department staff imposed conditions of approval on the project to
ensure compliance with the City's codes and regulations. One of those conditions was to provide
adequate parking for the facilities. The major use of the Ice Sports of Bakersfield and McMurtrey Aquatic
Center will occur during the day while the major use of the Convention Center / Centennial Garden Arena
occurs in the evening. This allows the City's parking lots along the south side of the railroad tracks
between N Street and Q Street to be utilized by both of these facilities. However, since those parking lots
have been previously designated as being for the Convention Center / Centennial Garden, this covenant is
necessary to establish that shared use.
PW Engr / ADR
July 31, 2003, 11:58AM
G:\GROUPDAT'~ADMINRPT~.003\08-27~Ice Center Aquatic Center Parking Covenant.dol
ADMINISTRATIVE REPORT
IMEETING DATE: August 27, 2003
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 25, 2003
AGENDA SECTION: Consent Calendar
IITEM: ~. ~).
DEPARTMENT HEAD
CITY ATTORNEY
CiTY MANAGER ~f.~oj~.
Acceptance of 2002-03 Transportation Development Act Funds Financial Statement.
RECOMMENDATION: Staff recommends acceptance of audit report.
BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review
and recommendation. The Committee accepted the audit report at the July 21, 2003 meeting.
The financial statement summarizes fiscal activity for the Streets and Roads Fund, the Bikeway and
Pedestrian Fund, and the Public Transit Fund.
The accuracy and fairness of the presentation is the responsibility of the City. The audit firm of Macias,
Gini & Company has issued an unqualified opinion.
No other reports were issued by the accounting firm in regards to the above audit report.
July 28, 2003, 11:09AM
G:\GROUPDAT~ADMINRPT~.003\08-27~TDA Funds Financial Statements.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. FIC.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
August 15, 2003
APPROVED
DEPARTMENT HEAD/.//~'/~
ClYY MANAGER ~
Accept donation of $1,257 from Target Stores Inc. to the Bakersfield Police Department
Investigations Division and appropriate same to the Police Department Investigations
Division Budget in the General Fund for purchase of a time-lapse video recorder and video
printer.
RECOMMENDATION:
Staff recommends acknowledgement of donation and approval of appropriation.
BACKGROUND:
The Bakersfield Police Department's Financial Crimes Unit currently investigates numerous crimes
associated with financial and commercial businesses that include bank fraud, embezzlement, identity theft,
credit and debit card fraud, fraudulent government securities and electronic funds transfer fraud and
computer crimes. Many of these crimes are captured on time- lapse video tape. Target Stores has
generously donated $1,257 for the purchase of a time-lapse video recorder and video printer to aid in the
investigation and prosecution of these cases. Target Stores makes this donation as part of their ongoing
commitment "to giving back to the communities in which we operate stores."
EWM/BNM/vrf
August 15, 2003, 10:21AM
P:\Rpt~Admin\Target Donation
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. 3~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 13, 2003
DEPARTMENT HEAD y~_~VED
CITY A'I-rORNEY
CITY MANAGER
Appropriate $200,000 Transportation Development Fund Balance to the Capital
Improvement Budget for the White Lane at State Route 99 Overcrossing Widening and
Interchange Project (Ward 7).
RECOMMENDATION: Staff recommends approval of Appropriation.
BACKGROUND: The City has contracted Granite Construction Company for the construction of White
Lane at State Route 99 Overcrossing Widening and Interchange Improvements. Construction is
anticipated to begin September 2, 2003.
Staff requests an appropriation of additional funds to cover costs for material testing services, fees for
mitigation measures, City supplied inspection services, equipment purchases and contingency for
construction costs.
August 13, 2003, 3:33PM
G:\GROUPDA'i~ADMINRPT~2003\08-27~White Lane Approp,doc NF
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 18, 2003
APPROVED
DEPARTMENT HEAD ~
ClTY ATrORNEY
CITY MANAGER
Appropriate $360,000 Transportation Development Fund balance to the Capital
Improvement budget for construction of large box culvert at the intersection of Calloway
Drive and Olive Drive 0Nard 4)
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Construction of the large box culvert at the intersection of Calloway Drive and Olive
Drive required a 24" gas main be relocated. Due to the nature of improvements, the gas line had to be
relocated in two different phases; the first of which was completed in the public right of way at the expense
of Southern California Gas Company. The second phase must now be completed which includes
undergrounding the portion that currently bridges the old canal alignment.
In order to get the gas relocated this year, the City must deposit with Southern California Gas Company
the amount of $160,000 which will be used to design the project and pay for materials. It is anticipated
that the total cost to the City of Bakersfield to relocate this facility will be approximately $360,000.
Southern California Gas has estimated that the total cost of all improvements would total $532,000,
however, the $172,000 difference is for additional work to be done within a private development and would
only occur if the private property owner pays for that work. It is recommended that City Council approve
the appropriation so the deposit can be paid to Southern California Gas to initiate the project design work.
August 19, 2003, 12:08PM
G:\G ROU P DA'I'~A D MIN R PT~2003\08-27~box cull .doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
AGENDA SECTION: Consent Calendar
TEM: ~. [,LI,4v.
TO: Honorable Mayor and City Council APPROVED
FROM: Trudy Slater, Administrative Analyst III DEPARTMENT HEAD ~
DATE: August 15, 2003 CITY ATrORNEY ~
CITY MANAGER ~
SUBJECT:
City Positions on League of California Cities Resolutions
RECOMMENDATION:
Staff recommends approval per department head recommendations.
BACKGROUND:
As part of its annual process, the Legislative and Litigation Committee meets to review proposed
resolutions for the League's annual conference prior to them being presented to Council for
determination. This year, due to the compressed time frame for review and the inability of the
Committee to meet prior to the date on which the resolutions needed to be placed on the Council
agenda, staff was directed to place the proposed resolutions on the Council's agenda after department
head review.
City Department Heads have reviewed the League resolution information and are supportive. Thus,
staff is recommending the following:
1) Amending Bylaws of League of California Cities regarding special meetings,
membership resolutions, voting, quorums, division bylaws and membership, officer
election timing and the bylaws amendment process.
Department Head Recommendation: Approve/Support
2) Resolution Relating to Proposed Federal Legislation to Expand Wilderness and Wild
and Scenic River Designations.
Department Head Recommendation: Approve/Support
Department Head Recommendation: Approve/Support
Per the League, there is an additional special initiative resolution which will be submitted by the League
Board of Directors which calls on the General Assembly to ratify the Board of Directors' unanimous
decision in July to sponsor a statewide initiative to require voter approval before state government may
August 21,2003, 8:20AM
P:\L&L~Admin Reports~DM03-08-27-1-LeagueResolutions.doc
ADMINISTRATIVE REPORT
confiscate local tax funds that fund critical local services. The proposed resolution is in the final stages
of preparation and will be distributed to cities soon. In discussion with Dwight Stennbakken of the
League of California Cities, what will go in front of the membership will be a general resolution
supporting a direction the League should take to protect city revenues from future state takeaways. At
this point they are encouraging ownership of the final outcome which will be tweaked at the Annual
Conference. 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. This third resolution is an example wherein the City's
stated position regarding protection of city revenues will provide guidance as to the final outcome of the
resolution and the direction to be followed by the Voting Delegate.
These department head recommendations for support are, therefore, being submitted to Council for
determination. The resolutions must be acted upon tonight in order for the Voting Delegate to be given
Council direction regarding voting in time for the League's Annual Conference Business Meeting on
September 10, 2003.
August 21, 2003, 8:20AM
P:\L&L~dmin Reports~A D M03-08-27-1-LeagueResolutions.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. V'V,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
August 19, 2003
APPROVED
DEPARTMENT HEAD ~
'~ CITY ATTORNEY ~
ClTY MANAGER ~
Communi~ DevelopmentBIock Grant(CDBG) EconomicDevelopmentLoanPolicy
RECOMMENDATION:
Budget and Finance Recommends Approval
BACKGROUND:
Currently we have a loan policy in place that requires all of our CDBG Economic Development
loans be repaid. This policy was initially approved by the Budget and Finance Committee and City
Council in order to recycle limited economic development resources. However, it should be noted
that since the new prevailing wage law has been in effect, the economic value of a business
accepting a loan with 100% repayment requirement does not offset the cost of the required
prevailing wage compliance requirement in the increased development costs. We believe this
has led to the steep decline in interest and utilization of our loan program. Staff reported these
issues to the Budget and Finance Committee a few months ago and was asked by the committee
to examine ways to make the loan program more attractive to businesses to overcome the
prevailing wage added cost issue.
Two Southeast (SE) business assistance requests were recently approved by City Council
through a reallocation of SE business loan funds to a public improvements account to provide
financial assistance only for the required public improvements associated with their new
developments. Providing financial assistance to these businesses in this manner allowed for
prevailing wage costs to be applied only to the public works component of the project and did not
impact the remaining commercial development costs of the project. In addition, the Budget and
Finance Committee at their August 17, 2003 meeting unanimously approved allowing more
flexibility to staff in structuring direct loan assistance for projects. The following modifications to
the loan policy were discussed and approved by the committee:
Assistance requests may not exceed 50% of the total project development costs.
(Previously this amount was not to exceed 30 %.)
S:~Admins/City Councif\Loanpolicyl .doc
8/19/2003 10:18 AM
ADMINISTRATIVE REPORT Page 2
o:o Loans may be structured as for,qivabe based on achieving certain employment
benchmarks each year over the life of the loan and based on the project's expected cash
flow.
As you can see, there are many creative ways to structure economic development assistance
using an array of grants, forgivable loans and Iow cost loans. Each project will be carefully
analyzed for its relevant merit and financially structured to meet the required gap that keeps it
from being attainable if done privately. Several of our staff members have been trained and
certified by various national economic development councils to analyze and structure economic
development assistance packages and have many years experience in doing so. Staff will
include a summary of the deal points for the committee's consideration in all CDBG financial
assistance request packages. This same information is provided to the Redevelopment Agency
and City Council for their consideration. Staff would encourage the City Council to allow deal
flexibility on a case by case basis.
S:~Admins\City Council\Loanpolicyl .doc
8/19/200310:18 AM
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003 AGENDA SECTION: Hearings
ITEM: q. 0~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 5, 2003
APPROVED
cI~rY MANAGER (~
Protest Hearing for proposed Assessment District No. 03-1 (AD 03-1, Brighton Place/Silver
Creek II): (Ward 4 & 6)
RECOMMENDATION: Staff recommends opening hearing and continuing it to September 24, 2003.
BACKGROUND: On July 9, 2003, Council approved the Preliminary Engineer's Report and scheduled the
hearing for August 27, 2003 at 7:00 P.M. to hear public protest. The Final Engineer's Report is adopted
after the hearing, but Castle & Cooke California Inc. requested additional changes be made to the Final
Engineer's Report. Bond Counsel said this could be done by continuance of the hearing so the
Assessment Engineer would have time to make additional changes to the Final Engineer's Report. The
hearing will reconvene September 24, 2003.
August 7, 2003, 1:30PM
G: \GROUPDAT\ADMI~RPT\ 2003 \ 08- 27 \ad03 lhrg.dot
JAS
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Hearings
ITEM: ~. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raut M. Rojas, Public Works Director
August 7, 2003
APPROVED
DEPARTMENT HEAD .~_,~ ~-z~.~._.~
CITY ATTORN ---~ ~
CITY MANAGER ~
SUBJECT:
Protest Hearing for proposed Assessment District No. 03-2, (Buena Vista Ranch/Belsera
II/Montara II/Olive Park II):
1. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements and
Authorizing and Directing Related Actions. (Ward 4 & 5)
RECOMMENDATION: Staff recommends overriding protests and adopts the Resolution.
BACKGROUND: On July 9, 2003, Council approved the Preliminary Engineer's Report and
scheduled the hearing as required by law for August 27, 2003.
Following the dose of the hearing, adoption of this resolution will approve the Final Engineer's Report,
levy the assessments and order the public improvements.
Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of
assessment and cash payment opportunity will be mailed to the property owners (Centex Homes and
Olive Park Land Company) of any property on which an assessment was levied and recorded. In order to
expedite the bond sale and delivery, the property owners have waived their entitlement to pay any part of
the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid
and Unpaid Assessments.
The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement
and Bond Purchase Contract at the September 10, 2003 Council meeting.
The Final Engineer's Report is on file in the City Clerk's Office.
August 8, 2003, 11:05AM
G:\GROUPDAT~ADMINRP"R2003\08-27~AD03-2hrg.dot
jas
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
IAGENDA SECTION: Hearings
ITEM: ~. C.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 7, 2003 CITY A'I-FORNEY
CITY MANAGER
SUBJECT:
Amendment No. 1 to Resolution No. 178-02 of the Council of the City of Bakersfield
Adopting the Street Cut Workmanship and Performance Warranty Fee Confirming Effective
Dates of Phased In Fee Increase.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: State law requires increases in existing fees and charges to be adopted by ordinance or
resolution following a public hearing. Bakersfield Municipal Code Section 12.16.150 states all permits
issued under the requirements of this chapter will include the payment of a nonrefundable workmanship
and performance warranty fee to the City. This Amendment does not increase any of the fees included in
the original Resolution. This Amendment provides clarification on the effective dates of the phased-in
fees.
On October 16, 2002, Council approved Resolution No. 178-02 adopting the Street Cut Workmanship and
Performance Warranty Fee increase in three phases. The first phase went into effect on November 1,
2002. The dates that Phase 2 and Phase 3 were to become effective were not clearly defined in the
original Resolution. This Amendment to the Resolution states that Phase 2 will go into effect November 1,
2003, and Phase 3 will become effective November 1, 2004.
August 19, 2003, 12:29PM
G:\GROUPDA'nADMINRPT~2003\08-27~Amend I to 178-02 Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 12, 2003
APPROVED
DEPARTMENT HEAD ~,~
CITY ATTORNEY ~-~'~
C~TY MANAGER ~
Resolution of ordering the vacation of the 20 foot wide alley west of Chester Avenue
between 26~h and 27th Streets (Block 486). 0Nard 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: San Joaquin Hospital is planning a 135,000 square foot building expansion project at
their existing location. The expansion project includes a new parking lot over the entire block east of the
hospital to Chester Avenue, between 26th and 27th Streets (Block 486). The hospital requests vacation of
the public alley in Block 486 to facilitate the new parking lot design. The hospital owns all of the property
in Block 486.
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 that there is a public sewer main located in the vacating area.
The utility companies serving the area have been notified by mail and the utility companies have indicated
they have facilities in the vacating area that will need to be protected by reservation of an easement.
Public Works notes that a public utility easement must be reserved over the entire vacating area to serve
this purpose.
On July 30, 2003, Council adopted Resolution of Intention No. 1306 declaring its intention to order the
vacation of the 20 foot wide alley west of Chester Avenue between 26~ and 27th Streets (Block 486).
The proposed vacation was heard by the Planning Commission at its meeting of June 19, 2003, and was
found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
Notice of this hearing has been mailed to all land owners within a 300' radius and this hearing has been
duly advertised and posted as required by law.
August 12, 2003, 1:05PM
G:\GROUPDAT~ADMINRPT%?.003\08-27~Vac Alley Block 486 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003
I ITEM: ID.
AGENDA SECTION: Reports
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD /'~¢./~-~
August 5, 2003 CI_TY ATTORNE~
cI'rY MANAGER
Report on Westside Parkway Landscaping and Aesthetic Treatment.
RECOMMENDATION: Staff recommends acceptance of Report.
BACKGROUND: Staff will provide a brief report on the Westside Parkway Landscaping and Aesthetic
Treatment.
August 5, 2003, 4:00PM
G:\GROUPDAT~ADMINRP'i52003\08-27~Westside Parkway Report.dot