HomeMy WebLinkAbout09/24/2003 AGENDA PACKETTO:
FROM:
THROUGH:
SUBJECT:
B A. K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
September 19, 2003
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSOI~ISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - SEPTEMBER 24, 2003 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
Workshops:
There is one workshop, which will be a report by the Planning Director, Stanley Grady, regarding
pedestrian friendly designs,
Deferred Business:
2003 Council Goals. This item includes the final review and approval of the updated City Council
Goals. The Council met on July 9th, August 27th and September 10th to review the current goals.
The 2003 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. It is
hoped that the work on this item might be completed at this session.
Closed Session:
There are two closed session items: 1) a conference with legal counsel regarding anticipated
litigation; and 2) discussion regarding City Attorney recruitment.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be
highlighted include:
Ordinances:
Item 8c. First Readinq of an Ordinance Repealinq the Municipal Code Relatin(] to Ambulances.
On August 26, 2003, the Kern County Board of Supervisors adopted a resolution setting the rates
which ambulance providers may charge in the City. In doing so, they exercised their statutory
authority to completely regulate the provision of emergency medical services in the County. The
County's assumption of this role preempts many portions of the Municipal Code. This Ordinance,
therefore, repeals, in its entirety, the City's regulation of ambulance services.
HONORABLE MAYOR AND CITY COUNCIL
SEPTEMBER 24, 2003
PAGE 2
Resolutions:
Item 8i. Resolution of the City Council Recoqnizinq the California Hot Rod Reunion. The
California Hot Rod Reunion will be held October 3 - 5, 2003 at Famoso Raceway. This event, now
in its 12th year, is presented by the Automobile Club of Southern California and features some of
the top nostalgia drag racers. It attracts countless tourists to the City of Bakersfield, many of whom
stay in our hotels and dine in our restaurants.
Aqreements:
Item 8k. Haqeman Flyover. Centennial Corridor, 24th Street Wideninq, Oak at 24th Street
Interchanqe. URS Corporation (URS) had an agreement (for approximately $2 million) with
KernCOG for the completion of the Bakersfield Systems Study (BSS). Included in the original
scope of work was the preparation of one Project Study Report (PSR) for the selected plan (which
turned out to be Alternative No. 15). As the BSS proceeded and a recommended Alternative plan
was selected, Caltrans decided that the appropriate process would be to prepare separate PSR's,
one for each of the project elements in the selected Alternative. The current contract has expired,
the Federal Demonstration funds originally requested for the contract have been used, and the
matching funds that had originally been provided by the State have also been used.
These PSR's need to proceed as quickly as possible so that the next phase of development of the
projects (environmental documents and detailed engineering studies) can begin. All of these
projects are within the City, and the City will be the lead agency. Since they are on the
Transportation Development Fund (TDF) Capital Improvement List, staff also recommends that
TDF funds be appropriated to fund this contract. The remaining Federal Demonstration funds can
then be used for the next phases of the Centennial Corridor.
Bids:
Item 8p. Reiect Bids for 600 Pair of Rental Ice Skates for the Bakersfield Ice SPorts Center. Three
bids were received. The bids either did not meet minimum specifications, or the vendor could not
supply a sample for inspection or meet the delivery date. Staff will review the specifications and
either rebid or implement other available purchasing procedures to ensure an adequate number of
skates are available for the opening of the ice facility.
Item 8q. Award Contract to Solid Construction. Inc. for Construction of the "Pioneer Recharae
Pipeline Project~' for the Water Resources Department in the amount of $212,628. Eight
acceptable bids were received. Staff recommends award to Solid Construction, Inc.
Miscellaneous:
Item 8s. Street Riqht-of-Way Dedication Across Parkinq Lots for the Bakersfield Ice Soorts Center
/ McMurtrey Aquatic Center. To improve the view for users of the McMurtrey Aquatic Center, staff
has worked with the utility companies to have their existing overhead utility lines along 14th Street
between 0 and Q Streets placed underground. The route of this new underground facility is along
the south and east side of the parking lots north of 14th Street. Through this document, the City
establishes a street right-of-way across a portion of the parking lots that will provide to the utility
companies the right to place their facilities in that portion of the parking lots. The number of
parking stalls in those parking lots is not reduced because of this street right-of-way, nor these
utility facilities.
HONORABLE MAYOR AND CITY COUNCIL
SEPTEMBER 24, 2003
PAGE 3
Item 8v. Accept and Appropriate $3,500 Donation to Martin Luther Kinq, Jr. Center Computer I ~h
by Albertson's to the Recreation and Parks 0Peratinq Budqet within the General Fund. These
funds will be used to upgrade the children's computer system by way of installing Internet service,
and purchasing a printer and additional software.
HEARINGS
Item 9a. Protest Hearinq for the Proposed Assessment District No. 03-1 (Briqhton Place/Silver
Creek II). On August 27, 2003 Council opened the hearing and continued it to September 24,
2003 at the request of Castle & Cooke California, Inc. to have additional changes made to the Final
Engineer's Report. In order to expedite the bond sale and delivery, Castle & Cooke California, Inc.
waived their entitlement to pay any part of any of the assessments in cash, and the Finance
Director wilt certify and file with the City Clerk the list of paid and unpaid assessments.
Item 9b. Protest Hearinq reqardin(] Approximately 22 Acres of Real Property Located South of
Alfred Harrell Hiqhway, West of Fain'ax Road. The City plans to acquire this property to complete a
landfill buffer zone and open space area north of the Old Bakersfield Sanitary Landfill. Other
adjacent open property has already been acquired for this purpose. The buffer zone will also
provide open space for the northeast Open Space - Trails Plan envisioned by the 2010 General
Plan. The Code of Civil Procedure requires that the City Council adopt "a Resolution of Necessity"
authorizing the initiation of an eminent domain action.
In order for the property owners to appear before the Council, they must have filed a written
request to appear and be heard within fifteen (15) days after the notice was mailed or served.
Failure to file a written request results in the waiver of the right to appear and be heard.
The Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present).
DEFERRED BUSINESS
Item 11a. Resolution Opposinq the Sale and Reopeninq of the Kern Power Plant. At the Special
Meeting of the City Council on August 25th, the representative of North American Power Group
indicated that their plans to reopen the energy generation plant involved use of biodegradable fuel.
It is expected that, depending on the type of biodegradable fuel used, significant truck traffic may
be generated which may adversely affect our area's already poor air quality and create other
significant environmental and quality of life impacts. Additionally, staff has reviewed some of the
documents associated with the sale of the plant may not be in conformance with these documents.
Based on the Council's previous position in opposition to the opening of the plant with the approval
of Resolution No. 074-03 in June of this year, and information provided to the Council
subsequently, staff recommends the Council take additional steps via this Resolution to show its
opposition to the sale and reopening of the Kern Power Plant. Instead the plant should be
disassembled and the property sold for development.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF SEPTEMBER 24, 2003
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and 7:00 p.m.
2.
(20 rain)
3.
4.
REGULAR MEETING - 5:15 p.m.
ROLL CALL
WORKSHOP
a. Pedestrian Friendly Designs. (Staff presentation by Planning Director Stan Grady)
PRESENTATIONS
DEFERRED BUSINESS
a. 2003 City Council Goals.
Staff recommends Council determination.
5. CLOSED SESSION
a. Conference with Legal Counsel - Anticipated Litigation (Significant exposure to
litigation). Closed Session pursuant to subdivision (b)(3)(d) of Government Code
Section 54956.9. One (1) potential case.
b. Closed Session pursuant to Government Code Section 54957; Public Employee
AppointmentJEmployment - City Attorney.
REGULAR MEETING - 7:00 p.m.
3.
4.
5.
6.
7.
INVOCATION by Pastor Al Jones, Vineyard Christian Fellowship
PLEDGE OF ALLEGIANCE by Cory Shiver, 3rd Grade Student at Casa Loma Elementary
School.
ROLL CALL
CLOSED SESSION ACTION
PRESENTATIONS
PUBLIC STATEMENTS
APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of Council Meeting September 10, 2003.
Payments:
Approval of department payments from August 29, 2003 to September 11,2003 in the
amount of $ 26,583,933.35 and self insurance payments from August 29, 2003 to
September 11, 2003 in the amount of $185,391.31.
Ordinances:
(Ward 1,2,3,6,7) d.
(Ward 6) e.
(Ward 7) f.
(Ward 7) g.
(Ward 5) h.
(Ward 4) j.
First Reading of Ordinance repealing Chapter 5.10 of the Municipal Code relating to
Ambulances.
Resolutions;
Resolution confirming the approval by the Assistant to City Manager of the report of
the Chief Code Enforcement Officer regarding assessments of certain properties in the
City of Bakersfield for which structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-21 (McCutchen, Mountain Ridge) 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.
Resolution adding territory, Area 5-10 (South H, Hosking SE) 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.
Resolution of Intention No. 1313 to add territory, Area 3-23 (Berkshire, Granite Falls)
to the Consolidated Maintenance District, preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution establishing Traffic Signal Maintenance District TS-9 (Gosford Village),
confirming the assessments, approving Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector,
Resolution recognizing the California Hot Rod Reunion.
Agreements:
License Agreement with United States Department of the Interior, Bureau of
Reclamation to allow the widening of Snow Road adjacent to the Friant Kern Canal.
(Wards 2,4)
(Ward 3,6,7)
(Ward 1)
(Ward 2)
(Ward 4)
CONSENT CALENDAR continued
Hageman Flyover, Centennial Corridor, 24th Street Widening, Oak at 24th Street
Interchange:
Consultant Agreement with URS Corporation ($64,599) for completion of four
Project Study Reports.
Appropriate $65,000.00 Transportation Development Fund balance to the
Capital Improvement Budget.
Agreement with Boyle Engineering ($44,500.00) for consulting services and secure
approval from the California Regional Water Quality Control Board, for the City to
recycle treated wastewater for use at the City Green Waste Facility.
m. Agreements for Services of Certified Court Reporters:
1. Sylvia Mendez & Associates, not to exceed $100,000.00
2. Esquire Deposition Services, not to exceed $25,000.00
3. Denise King Court Reporting, not to exceed $25,000.00
n. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Stone Creek Partners, Inc. for
Tract 6124 Unit 2 located north of McKee Road and east of Wible Road.
Final Map and Improvement Agreements with McKee Road Partners, Inc, for
Tract 6178 Unit 1 located north of McKee Road and east of Stine Road.
Final Map and Improvement Agreement with California Life Style Homes, Inc.,
for Tract 5923 Phase 3 located east of Kern Canyon Road and south of Chase
Avenue.
Amendment No. 1 to Agreement No. 02-286 with Ben Hargis & Son dba Precision
Fertilizer ($80,000.00, for a total not to exceed compensation clause of $250,000.00)
to load, haul and spread dried biosolids on designated fields at Wastewater Treatment
Plant 2 Farm.
Bids
p. Reject all bids for 600 pair of rental ice skates for the Ice Sports Center.
Accept bid from Solid Construction Incorporated ($212,628.00) for construction of the
"Pioneer Recharge Pipeline Project" for the Water Resources Department.
(Ward 1 )
(Ward 2)
(Ward 1)
(Ward 4,6)
(Ward 3)
CONSENT CALENDAR continued
r. Traffic Signal and Lighting Installation at Brundage Lane and Washington Street:
1. Accept bid to award contract to A-C Electric Company for $80,673.00.
Appropriate $20,000.00 Transportation Development Fund Balance to the
Capital Improvement Budget.
Miscellaneous
Street Right of Way Dedication across parking lots for Ice Sports of
Bakersfield/McMurtrey Aquatic Center.
t. Mohawk Sewer Line Extension Project:
Appropriate $165,000.00 Sewer Enterprise Fund balance to the Capital
Improvement Budget to reimburse Equilon Enterprises LLC for services in
easement acquisition action in accordance with Agreement Nos. 02-124 and
02-111.
City Manager's employee request for third extension to medical leave without pay
beyond one hundred-eighty days, pursuant to Municipal Code Section 2.84.560 - Sick
Leave Depletion.
Accept and appropriate $3,500.00 donation from Albertson's to Martin Luther King, Jr.
Center computer lab to the Recreation and Parks Operating Budget within the General
Fund.
Staff recommends adoption of Consent Calendar items a through v.
HEARINGS
Protest Hearing for proposed Assessment District No. 03-1 (AD 03-1, Brighton
Place/Silver Creek II):
Resolution approving Final Engineer's Report, levying assessments, ordering
improvements and authorizing and directing related actions.
Staff recommends overriding protests and adopting resolution.
Protest Hearing to determine whether the public interest and necessity require
acquisition by eminent domain of approximately 22 acres of real property (portion of APN
436-054-02) located south of Alfred Harrell Highway and west of Fairfax Road for a
landfill buffer zone (Code of Civil Procedure Section 1245.230, et seq.).
Staff recommends adoption of a Resolution of Necessity declaring the public interest and
necessity for the taking of approximately 22 acres of real property (portion of APN 436-054-02)
located south of Alfred Harrell Highway and west of Fairfax Road for a landfill buffer zone
enabling the City to condemn the subject property.
4
10.
11,
(Ward 4)
12.
13.
14.
pi
9/17/03 2:04 pm
REPORTS
DEFERRED BUSINESS
a. Resolution opposing the sale and reopening of the Kern Power Plant.
Staff recommends adoption of resolution.
NEW BUSINESS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
IAGENDA SECTION: Workshop
ITEM: ~, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
September 8, 2003
Pedestrian friendly designs
DEPARTMENT HEAD
c,~ A~ORN EV'~//~'~
CITY MANAGER
RECOMMENDATION:
BACKGROUND:
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Admin\sep\9-24-ws
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Deferred Business
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
September 15, 2003
2003 City Council Goals
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
RECOMMENDATION:
Council determination.
BACKGROUND:
This item includes the final review and approval of the updated City Council Goals. The Council met on
July 9th, August 27th and September 10~h to review the current goals. A report showing previous changes
as well as a final report document is included with this administrative report for your information. In the
report showing the changes, additions are shown in red-line (shaded format) and deletions are shown as
strike-outs. The 2003 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. These
completed goals will be incorporated into the operational activities of City departments as well as various
planning and budgeting processes.
September 15, 2003, 4:11PM
S:\Admin Rpts~003~003 Council goals admin-O9-24-03.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003 AGENDA SECTION: Closed Session
ITEM: ..~.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~
DATE: September 11,2003 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Conference with Legal Counsel -- Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b)(3)(d) of Government Code
section 54956.9. One (1) potential case.
RECOMMENDATION:
BACKGROUND:
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September 11, 2003, 8:43AM
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
JAGENDA SECTION: Closed Session
ITEM: ~. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council ..6
Carroll Hayden, Human Resources Manager~DEPARTMENT HEAD ~
September 16, 2003 CITY ATTORNEY ~
CiTY MANAGER ~"~'~-~
APPROVED
SUBJECT:
Closed Session pursuant to Government Code 54957; Public Employee
Appointment/Employment - City Attorney
September 16, 2003, 9:35AM
S:~ADMINRPT~CA Briefing.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: '~. 0~.
Honorable Mayor and City Council
Pamela McCarthy, City Cie k~
September 15, 2003 CITY ATrORNEY
APPROVED
DEPARTMENT HEAD(~/
CITYMANAGER ('~'~
Approval of minutes of the September 10, 2003 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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S:\Council~admins~2003\Sept. 10, 2003.DOT
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, [3.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
September 11, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNL~Y
CITY MANAGER
Approval of department payments from August 29, 2003 to September 11, 2003 in the
amount of $26,583,933.35 and self insurance payments from August 29, 2003 to
September 11, 2003 in the amount of $185,391.31.
RECOMMENDATION:
Staff recommends approval of payments totaling $26,769,324.66.
BACKGROUND:
The attached detail check listing is much larger than normal due to the processing of
over 4,950 senior citizen refund checks during this reporting period.
klg
September 11, 2003, 3:26PM
S:\KimG\Forms & Lables~ADMIN~AP,doc
ADMINISTRATIVE
REPORT
MEETING DATE: September 24, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney
DATE: September 15, 2003
SUBJECT:
DEPARTMENT HEAD
CITY ATFORNEY
M AGER
Ordinance Repealing Chapter 5.10 of the Bakersfield Municipal Code Relating to
Ambulances.
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
On August 26, 2003, the Board of Supervisors of the County of Kern adopted a Resolution setting the
rates which ambulance providers may charge in the City of Bakersfield. By adopting this Resolution, the
Board of Supervisors exercised its statutory authority contained in Health and Safety Code sections 1797,
et seq., to completely regulate the provision of emergency medical services in the County of Kern. As such,
the County's assumption of this role preempts many portions of the Bakersfield Municipal Code. This
Ordinance repeals, in its entirety, the City's regulation of ambulance services.
Staff recommends the Council conduct first reading of this Ordinance.
September 15. 2003 - 1:26 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent
ITEM <~. ¢~...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
September 9, 2003
A,~PR~2VED
DEPARTMENT HEAD ~
CITY ATTORNEY ,/'
CiTY MANAGER
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debds and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1,2, 3, 6 & 7)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on September 8, 2003, by the Assistant to City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1 408 Bill Avenue 010-061-18 $ 319.00
2 1908 Brook Street 172-053-23 $ 494.00
3 221 S. Brown Street 019-192-08 $ 244.00
4. 339 S. Brown Street 019-183-07 $ 284.00
5. 420 S. Brown Street 019-072-02 $ 343.00
6 1008 Casa Grande Street 170-240-19 $ 420.00
7 334 S. Haley Street 019-181-03 $ 264.00
8. 426 S. Haley Street 019-071-01 $ 264.00
9. 505 S. Haley Street 019-102-10 $ 264.00
10. 607 S. Haley Street 019-102-16 $ 469.00
11. 608 S. Haley Street 019-101-02 $ 254.00
12. 730 S. Haley Street 019-111-01 $ 264.00
September 10, 2003, 10:13AM
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ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
13. 242 Hayes Street
14. 102 L Street
15. 917 L Street
16. 1003 L Street
17. 1111 L Street
18. 6841 Lowry Street
19. 1115 Murdock Street
20. 223 S. Owens Street
21. 301 S. Owens Street
22. 1010 P Street
23. 807 Q Street
24. 1230 Texas Street
25. 518 Wallace Avenue
26. 214 ½ E. 5t' Street
27. 226 E. 6th Street
28. 1201 6th Street
018-310-02 $ 444.00
010-321-26 $ 294.00
009-142-08 $ 284.00
009-112-09 $ 339.00
009-022-06 $ 545.00
516-142-01 $ 339.00
018-112-04 $ 489.00
018-280-21 $ 319.00
018-290-13 $ 344.00
009-052-08 $ 594.00
009-201-11 $ 319.00
018-320-24 $ 264.00
139-252-13 $ 269.00
139-240-12 $ 344.00
139-221-10 $ 390.00
009-440-24 $ 740.00
Ward 2/Councilmember Benham
29. 1316 Niles Street
Ward 3/Councilmember Ma,q,qard
30. 2220 Mt. Vernon Avenue
31. 4113 Ridgemoor Avenue
Ward 6/Councilmember Sullivan
015-160-12 $ 320.00
126-100-22 $ 734.00
146-112-07 $ 1,335.00
32. 5303 Glacier Springs Drive
33. 3402 Kimmie Rachelle Court
34. 2306 San Marino Drive
499-173-04 $ 279.00
514-183-15 $ 374.00
440-031-11 $ 420.00
Ward 7/Councilmember Salvaq.qio
35. 2407 S. M Street 166-151-06 $ 545.00
36. 1417 Wilson Road 022-121-10 $ 444.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chaoter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
September 10, 2003, 10:13AM
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ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: 9, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 24, 2003
CiTY MANAGER
Resolution adding territory, Area 3-21 (McCutchen, Mountain Ridge) 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 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 10, 2003 the Council adopted Resolution of Intention No. 1309 to add
territory, Area 3-21 (McCutchen, Mountain Ridge), 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 a park and street landscaping for Tentative Tract No. 6190. Area 3-21 is generally
bounded by McCutchen Road on the north, a line 300 feet west of Stine Road on the east, Ryzona Drive
on the south, and Mountain Ridge Drive on the west. This area will be under the park and streetscape
zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have
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 this covenant is attached for reference.
Lvd
August 29, 2003, 4:14PM
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ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: <~. 3c,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 11,2003
APPROVED
DEPARTMENT HEAD /~ ...
CITY ATTORNEY
CITY MANAGER
Resolution adding territory, Area 5-10 (South H, Hosking SE) 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. 0Nard 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 10, 2003 the Council adopted Resolution of Intention No. 1311 to add
territory, Area 5-10 (South H, Hosking SE), 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 a park and street landscaping for Tentative Tract No. 6192. Area 5-10 is generally
bounded by Hosking Avenue on the north, a line 1800 feet east of South H Street on the east, Astor
Avenue on the south, and a line 475 feet east of South H Street on the west. This area will be under the
park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and
street landscaping have 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 this covenant is attached for reference.
Lvd
September 3, 2003, 5:30PM
G:\GROUPDAT~ADMINRPT~.OO3\09-24\MD5-10Est03.dot
ADMINISTRATIVE REPORT
IMEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 11, 2003
DEPARTMENT HEAD AP,~OVED
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Resolution of Intention No. 1313 to add territory, Area 3-23 (Berkshire, Granite Falls) to
the Consolidated Maintenance District, preliminarily adopting, confirming and
approving Public Works Director's Report. 0Nard 7)
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. 6095, 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 3-23 (Berkshire,
Granite Falls), to the Consolidated Maintenance District. Area 3-23 is generally bounded by Berkshire
Road on the north, a line 2000 feet east of Wible Road on the east, Hosking Avenue on the south, and
Wible Road 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
September 10, 2003, 9:16AM
G:\GROUPOAT~ADMINRPT~2003\09-24\MD3-23Ri03.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, h'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 11, 2003
DEPARTMENT HEAD ,~OVED
CITY ATTORNEY ~
CITY MANAGER ~
Resolution establishing Traffic Signal Maintenance District TS-9, (Gosford Village)
confirming the assessments, approving Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (~Nard 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 10, 2003 the Council adopted Resolution of Intention No. 1314 to
establish Traffic Signal Maintenance District No. TS-9 (Gosford Village) for the operation and maintenance
of three (3) traffic signals on Gosford Road at the entrances to the Gosford Village Shopping Center. Staff
recommends the formation of Traffic Signal Maintenance District No. TS-9, (Gosford Village), generally
bounded by Pacheco Road on the north, Gosford Road on the east, Harris Road on the south and a line
1/4 mile west of Gosford Road on the west.
On September 28, 1994 the City Council approved Resolution 161-94 which provides for the collection of
maintenance and operating costs for future "convenience" traffic signals through maintenance districts.
The proposed traffic signals are considered convenience traffic signals since they are not required by the
Traffic Authority to regulate traffic flow, but are installed solely for the benefit of the adjacent parcels. This
maintenance district will be a separate district and will not be merged into the Consolidated Maintenance
District.
The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of the parcels
within the propose district which waives the public hearing concerning formation of the maintenance
district. This allows the City to expedite the formation of the district.
In order to provide future owners with disclosure regarding the proposed maintenance district a covenant
has been drafted and will be supplied to the developer to be recorded with the Parcel Map. A copy of this
covenant is attached for reference.
Ivd
September 3, 2003, 11:14AM
G:\GROUPDAT~ADMINRPT~.O03\09-24\TS-9REst03 dot
ADMINISTRATIVE REPORT
IMEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
September 15, 2003 CITY A'I-rORNEY ~
CITY MANAGER ~
Resolution of the City Council Recognizing the California Hot Rod Reunio~ /
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The California Hot Rod Reunion will be held October 3 - 5, 2003 at Famose
Raceway. This event, now in its 12~h year, is presented by the Automobile Club of Southern California and
features some of the top nostalgia drag racers. It attracts countless tourists to the City of Bakersfield,
many of whom stay in our hotels and dine in our restaurants.
September 16, 2003, 8:39AM
S:~Admin Rpts~2003\Hot Rod Reunion Reso 092403.dot
JWS/al
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
TEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 5, 2003
DEPARTMENT HEAD ~.~PROVED
CITY ATTORNEY ~-
CITYMANAGER ~(~_"~?~
SUBJECT:
License Agreement with United States Department of the Interior, Bureau of Reclamation
Friant Kern Canal at Snow Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: As part of the conditions of Tract 5993, the developer is required to widen Snow
road adjacent to the Friant Kern Canal. A portion of the widening occurs within the land owned by the
United States Bureau of Reclamation (USBR). In order to do work within the USBR's property, a license
agreement is necessary, and the USBR does not want to enter into an agreement with the developer.
This license agreement is between the CITY and the USBR and allows Snow Road to be improved within
Bureau's property. This project will be constructed and paid for by the developer with plans approved by
the CITY.
September 8, 2003, 10:28AM
G:\GROUPDAT~ADMINRPT~2003\09*24\USBRSnowRdAdmin.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 12, 2003
Hageman Flyover, Centennial
Interchange (Wards 2, 4):
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Corridor, 24~ Street Widening,
O~VED
Oak at 24th Street
Consultant Agreement with URS Corporation ($64,599) for completion of four
Project Study Reports.
Appropriate $65,000 Transportation Development Fund balance to the Capital
improvement Budget.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: URS Corporation (URS) had an agreement (for approximately $2 million) with the
Kern Council Of Governments (KernCOG) for the completion of the Bakersfield Systems Study (BSS).
The contract was funded by a portion of the Centennial Corridor Federal Demonstration Funds secured
by Congressman Bill Thomas, and State matching funds secured by Assemblyman Dean Florez.
Included in the URS original scope of work was the preparation of one Project Study Report (PSR) for
the selected plan (which turned out to be Alternative No. 15). As the BSS proceeded and a
recommended Alternative plan was selected, Caltrans decided that the appropriate process would be to
prepare separate PSR's, one for each of the project elements in the selected Alternative. KernCOG
had not asked for, and URS had not included, four separate PSR's in their scope of work, but URS
believed they could complete the four within their original contract amount based on their understanding
of what Caltrans was requiring for the reports. However, after the initial report submittal to Caltrans,
URS and KernCOG became aware of additional engineering work outside the original contract scope
that would be required before Caltrans would approve the PSR's.
The contract between URS and KernCOG has expired, the Federal Demonstration funds originally
requested for the contract have been used, and the matching funds that had originally been provided by
the State have also been used. A new contract would have to be approved by the KernCOG Board,
additional Demonstration Federal funding would need to be requested, and matching funds would need
to be found.
These PSR's need to proceed as quickly as possible so that the next phase of development of the
projects (environmental documents and detailed engineering studies) can begin. Since all four of these
projects are within the City and the City will be the lead agency for them, and with the desire to expedite
the work for these PSR's, staff recommends that a new City contract be entered into with URS to
complete the PSR's. Since all of these projects are on the Transportation Development Fund (TDF)
Capital Improvement List, staff also recommends that TDF funds be appropriated to fund this contract.
The remaining Federal Demonstration funds can then be used for the next phases of the Centennial
Corridor.
TW September 12, 2003, 9:34AM
C:~Documents and Settings~rnperalez. 000~Application Data~vlicrosofl\Templates\Admin URS agreement.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
TEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 4, 2003
APPROVED
DEPARTMENT HEAD~
ClTY A'I-rORNEY
CITY MANAGER ~
Agreement with Boyle Engineering ($44,500) for consulting services and secure approval
from the California Regional Water Quality Control Board "CRWQCB", for the City to
recycle treated wastewater for use at the City Green Waste Facility.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City's Green Waste Facility uses over 71 million gallons of clean potable water
each year. This water is purchased from the California Water Service Company at a cost of $100,000 per
year and could supply water to 200 single family dwellings. Most of this water is used to control dust and
provide moisture to the compost piles. Adjacent to the Green Waste Facility are storage reservoirs full of
treated wastewater (effluent) from Wastewater Treatment Plant 2. The use of potable water for dust
control and composting is expensive and wasteful. To utilize the Plant 2 effluent on the Green Waste
Facility, two engineering reports and CEQA clearance will be required.
This agreement will pay for the consulting services necessary to secure approval from the California
Regional Water Quality Control Board for this water recycling project. The ultimate goal of this effort will
be to utilize treated effluent for dust control and composting and conserve the potable water for more
beneficial uses.
DW @WWTP
September 4, 2003, 2:07PM
G:\GROUPDAT~ADMINRPT~.003~09~24~oyle_Admin2.dOC
ADMINISTRATIVE
REPORT
MEETING DATE: September 24, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
September 10, 2003
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY
CiTY MANAGER
Agreements for Services of Certified Court Reporters:
Sylvia Mendez & Associates, not to exceed $100,000.00;
Esquire Deposition Services, not to exceed $25,000.00; and
Denise King Court Reporting, not to exceed $25,000.00.
RECOMMENDATION:
Staff recommends approval of agreements.
BACKGROUND:
The City Attorney's Office recently sent a Request for Proposal to all of the court reporters in the
Southern San Joaquin Valley. The reason behind the Request for Proposal was a desire on the part of the
City Attorney to bring uniformity to deposition and hearing costs charged to the City of Bakersfield and also
to reduce the costs related to said depositions and hearings. The City Attorney's staff received responses
from local firms and, after evaluating the responses, selected the firms of Sylvia Mendez & Associates,
Esquire Deposition Services, and Denise King Court Reporting. All three firms have executed three-year
contracts and have agreed to the fee schedules attached thereto (i.e., not to exceed $100,000.00 for Sylvia
Mendez & Associates, $25,000.00 for Esquire Deposition Services, and $25,000.00 for Denise King Court
Reporting). In addition, all three firms have provided excellent deposition services to the City in the past
and have a solid reputation in the community for said services.
AMS:dll
S:\COUNOlL'~Admins\Cour~RptrServicesAdmin,doc
September I0, 2003 - 12:02 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. tO.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 5, 2003
DEPARTMENT HEAD
ClTY ATTORNEY
CITY MANAGER
APPROVED
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with Stone Creek Partners Inc. for Tract 6124 Unit
2 located north of McKee Road and east of Wible Road. (Ward 7)
Final Map and Improvement Agreements with McKee Rd. Partners, Inc., for Tract 6178 Unit
1 located north of McKee Road and east of Stine Road. (Ward 6)
Final Map and Improvement Agreement with California Life Style Homes, Inc., for Tract
5923/located east of Kern Canyon Road and south of Chase Avenue. (Ward 3)
Phase 3
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 1N THE CITY CLERK'S OFF[CE
FOR REVIEW.
td
September 5, 2003, 9:12AM
G:\GROUPDAT\ADMINRPT~2003\09-24\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003 AGENDA SECTION: Consent Calendar
ITEM: "~, O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 9, 2003
APPROVED
DEPARTMENT HEAD /~
CITY MANAGER ~
Amendment No. 1 to Agreement No. 02-286 with Ben Hargis & Son d.b.a. Precision
Fertilizer ($80,000 for a total not-to-exceed compensation clause of $250,000) to load, haul
and spread dried biosolids on designated fields at the Wastewater Treatment Plant 2 Farm
(Ward 1 ).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 02-286 with Ben Hargis & Son d.b.a. Precision Fertilizer was approved
by the City Council on October 2, 2002 with a not to exceed compensation clause of $170,000. Since
then, Precision Fertilizer has been working to haul and spread the biosolids from the old oxidation ponds
at Wastewater Treatment Plant 2. The ponds have more biosolids contained in them then was originally
estimated by City staff. These ponds must be cleaned out by November 1, 2003 when construction is
scheduled to begin on the expansion of the effluent storage reservoirs at Plant 2.
The additional $80,000 will provide funding for the completion of the pond cleaning.
Sufficient funds are available to fund this amendment.
September 9, 2003, 1:23PM
G:\GROUPDAT~DMINRP'R2003\09-24~Amend 1 to 02-286 Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ~o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ~,~Z.~/.ROVED
Gregory J. Klimko, Finance Director DEPARTMENT HEAD
A ORN
September 11, 2003 .
CITY MANAGER
Reject all bids for 600 pair of rental ice skates for the Ice Sport Center.
RECOMMENDATION: Staff recommends all bids be rejected.
BACKGROUND: The City received three (3) bids for a total of 600 pairs of hockey and figure skates for
rental at the new Ice Sport Center. The bids either did not meet minimum specifications or the vendor
could not supply a sample for inspection or meet the delivery date. Staff will review the specifications and
either rebid or implement other available purchasing procedures to ensure an adequate number of skates
are available for the opening of the ice facility.
Purchasing Division
DW:Ijm
P:~ADMIN~2003 ADMIN\C03 0924_A_lce Skates_REJECT BIDS.doc
September 17, 2003, 4:44PM
ADMINISTRATIVE REPORT
MEETING DATE September 24, 2003
AGENDA SECTION:
ITEM: ~, o~.
Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
September 12, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT:
Accept bid from Solid Construction Incorporated in the amount of $212, 628.00 for
construction of the "Pioneer Recharge Pipeline Project" for the Water Resources
Department, (Ward Number 4)
RECOMMENDATION: Staff recommends acceptance of Iow bid.
BACKGROUND:
Eight bids were received on September 11,2003 for this project, as follows:
Solid Construction
3413 Ginseng Lane
Bakersfield CA 93307 .......................................................... in the amount of: $212,628.00
W. M. Lyles Company
P.O. Box 1477
Fresno CA 93744 (Out of County) ............................................. in the amount of: $218,638.00
Granite Construction Company
P. O. Box 50085
Watsonville CA 95077 (Out of County) ...................................... in the amount of: $228,822.00
Sierra Cascade Construction
P. O. Box 5300
Lancaster CA 93539-5300 (Out of County) ...........................
in the amount of: $240,621.00
Becka Construction
5400 Rosedale Hwy. Suite B-7
Bakersfield CA 93308 ................................................
in the amount of: $243,814.00
September 12, 2003, 11:35AM
C:\Documents and Settings\mrandall\Desktop~admin091103,doc
ADMINISTRATIVE REPORT
Mauldin-Dobemeier Construction
P, O. Box 15100
Fresno CA 93702 (Out of County)
....................................... in the amount of: $255,889.00
ARB, Incorporated
26000 Commercentre Drive
Lake Forest CA 92630 (Out of County) .................................... in the amount of: $292,442.00
Zondiros
2401 208th Street, Suite C-8
Torrance CA 90501 (Out of County)
.................................... in the amount of: $443,370.00
(Typist's Initials)
(MonthDayDeptl .Section)
9/12/03
Water
September 12, 2003, 11:35AM
C:\Documents and Settings\mrandall\Desktop\admin091103.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. v".
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 25, 2003
DEPARTMENT HEAD .~VED
CITY A'rl'ORNEY ~
M^.AGE.
Traffic Signal and Lighting Installation at Brundage Lane and Washington Street ¢¢/ard 1):
1. Accept bid to award contract to A-C Electric Company for $80,673.
Appropriate $20,000 Transportation Development Fund Balance to the Capital
Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of
appropriation.
BACKGROUND: This project consists of installing a traffic signal, lighting systems, pavement markings
and signage at the intersection of Brundage Lane and Washington Street.
The majority of this project (88.53%) is funded with federal Congestion Management Air Quality funds.
This project is also included on the Traffic Facilities List; therefore, staff recommends using Traffic Impact
Fee revenue to fund the local match. Additional appropriations are necessary for potential change orders,
materials testing, and construction inspection services.
On August 20, 2003, four acceptable bids were received as follows:
A-C Electric Company
315 30~ Street
Bakersfield, California 93303 (City) in the amount of $80,673.00
Loop Electric
1516 E. 19th Street
Bakersfield, CA 93305 (City)
in the amount of
$83,907.00
Summit Electrical Const.
4144 Therese
Fresno, California 93613
in the amount of
$89,701.00
McKee Electric
1406 N Chester Ave
Bakersfield California 93308 (County)
in the amount of
$97,454.70
September 11, 2003, 8:22AM
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. 5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 12, 2003
APPROVED
DEPARTMENT HEA~J ,~
CITY MANAGER
Ice Sports of Bakersfield / McMurtrey Aquatic Center
Street Right of Way Dedication Across Parking Lots (Ward 2)
RECOMMENDATION: Staff recommends approval of granting street right of way.
BACKGROUND: To improve the visual view for users of the McMurtrey Aquatic Center, staff has worked
with the utility companies to have their existing overhead utility lines along 14~h Street between O Street
and Q Street placed underground. The route of this new underground facility is along the south and east
side of the parking lots north of 14~h Street. Through this document, the City establishes a street right of
way across a portion of the parking lots that wilJ provide to the utility companies the right to place their
facilities in that portion of the parking lots. The number of parking stalls in those parking lots is not
reduced because of this street right of way nor these utility facilities.
ADR / PW Engr
Septem bet 12, 2003, 10:19AM
G:\GROUPDAg'SADMINRPT~003\09-24\Road Dedication at Centennial Garden Parking Lots.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 4, 2003
Mohawk Sewer Line Extension Project:
1.
DEPARTMENT HEAD
CITY ATTORNEY '~/~
CITY MANAGER
Appropriate $165,000 Sewer Enterprise Fund balance to the Capital Improvement
Budget to reimburse Equilon Enterprises LLC for services in easement acquisition
action in accordance with Agreement No's 02-124 and 02-111.
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Agreement No. 02-124, between the City of Bakersfield and Equilon Enterprises LLC
(now Shell Oil Products US), authorized the acquisition of both temporary construction and permanent
irrevocable sewer trunkline easements for the Mohawk Sewer Line Extension Project (Project extended
sewer line from Brimhall Road to Highway 99). In this agreement, the City agreed to reimburse Shell Oil
the actual costs incurred by Shell Oil for services related to construction of the sewer trunkline.. Exhibit B
of this agreement listed a number of mitigation measures involving acquisition of the temporary and
permanent easements.
Agreement No. 02-111, between the City and Equilon Enterprises LLC, changed item 10 (fencing) of the
above referenced exhibit. In addition, two new mitigation measures were added to facilitate the City's
construction of the Mohawk sewer line.
The City has received an invoice totaling $164,156.82 from Shell Oil for costs they incurred for the
Mohawk Sewer Project. An appropriation is needed to fully fund this reimbursement.
G:\G ROUPDAT~ADMINRPT~2003\09-24\ShelIReim burseAdmin.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerl~l~
Carroll Hayden, Human Resources Manager ~
DATE:
SUBJECT:
September 12, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
City Manager's employee request for third extension to medical leave without pay beyond
one hundred-eighty days, pursuant to Municipal Code Section 2.84.560 - Sick Leave
Depletion.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
An employee in the City Manager's department has been on sick leave since March 2002. On September
23, 2002 the City Council approved a 6 month leave of absence without pay beyond a 180 day leave of
absence without pay, which began April 3, 2002 and expired on April 3, 2003.
The Council approved a second request for another 180 day leave of absence without pay on March 12,
2003. This Council approved leave will expire on October 3, 2003. The employee's physician is
recommending another 6 months leave of absence and the employee has so requested.
September 12, 2003, 3:20PM
S:~Council\admins~2003\LOAExtension.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
SECTION: Consent
V.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, interim Director
September 12, 2003
APPROVED
DEPARTMENT HEAD
CITY ATI'ORNEY
CITY MANAGER _('~.,~ J~ .
Accept and Appropriate $3,500 donation from Albertsons Supermarket to Dr. Martin Luther
King, Jr. Center computer lab to the Recreation and Parks Operation Budget within the
General Fund. 0Nard 1)
RECOMMENDATION:
Staff recommends Council accept and appropriate donation.
BACKGROUND:
In conjunction with Albertson's supermarkets involvement in the community, they have made a donation of
$3,500 to the Dr. Mar[in Luther King, Jr. community center's computer program. These funds will be used
to upgrade the children's computer system.
Albertsons has generously donated $3,500 for the purpose of installing internet service to the computer
lab and purchasing a printer and additional educational software for the children's use at the Dr. Martin
Luther King, Jr. Center.
September 16, 2003, 12:13PM
C:\Documents and Settings~forsy'ih\Local Settings\Temp~Albe~lsl .doc
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Hearings
ITEM: ~J. 0.-.
TO:
AP VED
FROM: DEPARTMENT HEAD
DATE: CITY ATTORNEY /~'
MANAGER
SUBJECT: Proposed Assessment District No. 03-1 (AD 03-1, Brighton Place/Silver Creek II):
1. Protest Hearing for the proposed Assessment District No. 03-1.
2. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements, and
Authorizing and Directing Related Actions. (Ward 4 & 6)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 10, 2003
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: On August 27, 2003 Council opened the hearing and continued it to September 24, 2003
at the request of Castle & Cooke California, Inc. to have additional changes made to the Final
Engineer's Report. Prior to the continued public hearing on September 24, 2003, the director of
Public Works flied with the City Clerk a Final Engineer's Report which made various minor
revisions to the information set forth in the Preliminary Engineer's Report, to which revisions the
owners of the subject parcels have consented, and which revisions did not increase the amount
assessed to any parcel of land within the proposed assessment district.
Following the close of the hearing, adoption of the resolution will approve the Final Engineer's
Report, levy the assessments, order the public improvements and provide for the cash payment
period for property owners wishing to pay all or any part of their respective assessments in cash,
without interest.
Thereafter, the assessments will be recorded as liens in the County Recorder's Office and notice of
assessment and cash payment opportunity will be mailed to the property owners (Castle & Cooke
California, Inc.) of any property on which an assessment was levied and recorded. In order to
expedite the bond sale and delivery, Castle & Cooke California, Inc. has waived their entitlement to
pay any part of any of the assessments in cash, and the Finance Director will certify and file with
the City Clerk the list of paid and unpaid assessments.
The Final Engineer's Report is on file in the C ty Clerk's Office'
September 11, 2003, 10:13AM
ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
AGENDA SECTION: Hearings
ITEM: q.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 29, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Public hearing to determine whether the public interest and necessity require acquisition by
eminent domain of approximately 22 acres of real property (portion of APN 436-054-02)
located south of Alfred Harrell Highway and west of Fairfax Road in the City of Bakersfield,
for a landfill buffer zone (Code of Civil Procedure section 1245.230, et seq.) 0Nard 3)
RECOMMENDATION:
Staff recommends adoption of a Resolution of Necessity declaring the public interest and necessity for
the taking of approximately 22 acres of real property (portion of APN 436-054-02) located south of
Alfred Harrell Highway and west of Fairfax Road in the City of Bakersfield, for a landfill buffer zone,
enabling the City to condemn the subject property.
BACKGROUND:
Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of
Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that
certain "pre-condemnation" requirements be met.
Each of these requirements has been met and is set forth in the Resolution of Necessity attached
hereto and made a part hereof by this reference.
Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that
the City Council give each person whose property is to be acquired by eminent domain a reasonable
opportunity to appear and be heard on the following:
1. Whether the public interest and necessity require the project;
Whether the project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project; and
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ADMINISTRATIVE REPORT
Whether the offer(s) required by Government Code section 7267.2 have been made to the
owner(s) of the subject property.
The specific findings of fact which support the Council's adoption of the Resolution of Necessity are set
forth therein and include:
The City of Bakersfield plans to acquire this property to complete a landfill buffer zone and
open space area north of the Old Bakersfield Sanitary Landfill. Other adjacent open
property has already been acquired for this purpose.
This acquisition will protect the public health, safety and welfare by protecting the landfill
site from intrusion by incompatible land uses and urban intensity developments.
The buffer zone will also provide open space for the northeast Open Space - Trails Plan
envisioned by the 2010 General Plan.
4. Expand available public open space and recreational areas in the northeast area.
Required notice was provided to each property owner as set forth in the Resolution of Necessity.
In order for the property owners to appear before the Council, they must have filed a written request to
appear and be heard within fifteen (15) days after the notice was mailed or served. (Code of Civil
Procedure § 1245.235(a)(b)(3).) Failure to file a written request results in the waiver of the right to
appear and be heard.
The Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present). (Code of Civil Procedure § 1245.240.)
BJT~MGA:Isc
Attachment
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ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2003
I ITEM: Il. Cb.
AGENDA SECTION: Deferred Business
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 16, 2003
Resolution opposing the sale and reopening of the Kern Power Plant
APPROVED
DEPARTMENT HEAD
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council on August 25~h conducted a special meeting to hear public comments and presentations
by Pacific Gas and Electric and North American Power Group concerning the proposed sale and
reopening of the Kern Power Plant. At that meeting the representative of North American Power Group
indicated that their plans to reopen the energy generation plant involved use of biodegradable fuel. it is
expected that depending on the type of biodegradable fuel used, significant truck traffic may be generated
which may adversely affect our area's already poor air quality and create other significant environmental
and quality of life impacts. The Council has also expressed concerns about potential traffic, air pollution,
groundwater pollution and other environmental effects of the proposed project.
Additionally, staff has reviewed some of the documents associated with the sale of the plant which indicate
that some of the plans presented at the August 25th meeting may not be in conformance with these
documents. Based on the Council's previous position in opposition to the opening of the plant with the
approval of Resolution No. 074-03 in June of this year, and information provided to the Council
subsequently, it appears the Council should take additional steps to show its opposition to the sale and
reopening of the Kern Power Plant.
The attached resolution outlines the concerns of the Council and reaffirms the Council's opposition to the
sale and reopening of the plant. It also calls for PG&E to proceed with the dismantling and clean up of the
Kern Power Plant as soon as possible. The resolution directs staff to take the necessary steps to convey
the Council's opposition, including; seeking special legislation to terminate the State of Emergency due to
the energy shortage; seeking special legislation to remove the requirement to reopen the plant due to its
~engthy inactive status, economic infeasibility, and outdated environmental control equipment; seek the
Governor's rescission of the Executive Order since it is no longer needed to address the energy shortage
crisis; provide information to all agencies which may have regulatory authority over the sale, reopening, or
issuance of operating permits regarding the City's position; and initiating any other legal steps to prohibit
the sale and reopening of the Kern Power Plant.
September 16, 2003, 11:37AM
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