HomeMy WebLinkAbout10/22/2003 AGENDA PACKET•
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 17, 2003
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DARNELL HAYNES, ASSISTANT to the CITY MANAGE"W
THROUGH: ALAN TANDY, CITY MANAGER
SUBJECT: AGENDA HIGHLIGHTS -OCTOBER 22, 2003 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
Workshop:
There are two workshops: 1) a presentation and overview of the Baker Street Comprehensive Economic
Development Strategy; and 2) a presentation by Fire Chief, Ron Fraze and Economic Development
Director, Donna Kunz regarding the relocation of Fire Station #5 using CDBG funds.
Closed Session:
There is one closed session item which is a conference with legal counsel regarding existing litigation.
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:
Amendment implements a change agreed to in the City's agreement with the Ass
Police Officers, which was to implement the 3% at 50 formula by December, 2003.
Resolutions:
Item 8i. Animal Control Vehicles. Currently, the City has one used Animal Control Vehicle that was
acquired at an auction and is renting two Animal Control Vehicles from Kern County. The agreement with
Kern County for the two Animal Control Vehicles ends December 30, 2003. City staff has located three
Animal Control Bodies from Deerskin Manufacturing Inc., and two cab and chassis from Jim Burke Ford
that are currently available at the dealership. The additional body is to be mounted on an existing pickup
in the City fleet. If the two cab and chassis are not acquired at this time, the next cycle for delivery would
be in March of 2004. In addition, the usual lead time for ordering the Animal Control Bodies can be as
long as one year.
HONORABLE MAYOR AND CITY COUNCIL
OCTOBER 22, 2003
PAGE 2
Because of the urgent need to acquire these vehicles, staff recommends adoption of this Resolution
determining that bidding for these vehicles cannot be reasonably obtained through the usual bidding
procedures, and authorizing the Finance Director to dispense with bidding therefore, not to exceed
$102,000. This amount is to be appropriated from the Equipment Management Fund Balance to the
Public Works Department Operating Budget.
Item 8i. Amendment No. 1 to Resolution No 181-85 Authorizino Investment of City Monies in the Local
Agency Investment Fund (LAIF). In addition to authorizing investment of monies, it also authorizes
specific Finance officers by name and title to order the deposit or withdrawal of monies in LAIF. This
authorization is outdated and needs to be amended to include an additional officer, the Treasury
Supervisor. The addition is necessary because of more frequent LAIF transactions and the need to
complete them by 10:00 a.m. for same day credit.
Agreements:
Item So. Aareement with Virainia Gennaro for City Attorney Services The City Council has decided to
hire Virginia Gennaro for the position of City Attorney. A contract is provided for approval by Council for
City Attorney services. The base pay is $130,000 with more scheduled increases over the next two
years. The base pay is below that of the present City Attorney, and benefit items are, for the most part,
similar.
Item 8r. Agreement with Pacific Union Dental for Retirement Dental Benefits. Both the Insurance and
Personnel Committees have reviewed the details for the plan and recommend approval of the
agreement. The plan includes a 2% administrative fee and a 10% risk fee, which is in place to ensure
that participants stay in the plan for a year. The plan offers two options with two different rate structures.
Both plans include orthodontic benefits.
Police Substation Project. In designing Fire Station No. 15 / Westside Police Substation, staff and the
design consultant worked together to make provisions for a future water fountain to be installed in the
central courtyard of the project site. It has been determined that there are sufficient funds to design and
construct this water fountain. This amendment provides for the design of the water feature.
Bids:
Item 8w. Award Contract to HIPS Mechanical Inc. for Construction of the Three Million Gallon Water
Storage Tank and Booster Pumo Facility at CBK Station L-208 for the Water Resources Department in
the amount of $3,975,904. Four acceptable bids were received. Staff recommends award to HIPS
Mechanical.
A cost sharing agreement between the City and Cal Water formalizing the terms and conditions for
constructing and operating the water facilities at CBK Water Station L-208 was approved by Council on
July 9, 2003. Staff recommends amending the agreement to identify each agency's revised share of the
project based on the low bid to construct the project.
Item 8x. Reject All Bids for Wastewater Treatment Plant No. 2. Effluent Storage Improvements. On
September 22" , six bids were received. Staff has received correspondence from both the low and
second low bidder regarding an issue of licensing, specifically the C-57 Contractor's License (water well
driller). This correspondence protested the awarding of the bid to the other bidder. Because of the
potential litigation involved with this project, staff recommends rejecting all bids at this time and rebid the
project. r
HONORABLE MAYOR AND CITY COUNCIL
OCTOBER 22, 2003
PAGE 3
bona waste Uivision. Staff is requesting approval for an emergency purchase of two refuse roll-off
trucks. Bids will be opened on October 17, 2003. Staff will provide a revised administrative report to the
Council under separate cover for the October 22nd meeting. These two trucks are included in the current
year budget and are necessary to keep up with the current workload which currently exceeds the
capacity of our existing roll-off trucks. The additional trucks will also reduce overtime costs.
Miscellaneous:
Item 8z. Community Development Block Grant (CDBG) Action Plan Amendment No 1 (FY 03/04) and
Amendment No. 7 (FY 02/03) The proposed amendments will appropriate $370,825 prior year HOME
Program Income. This action will allow for development of 80 two-, three- and four-bedroom
affordable apartments located between 13`h, "M", and "N" streets north of California Avenue. The total
estimated construction cost is $6 million.
Project. The Economic and Community Development Department is working in conjunction with state,
federal and local interests on the revitalization of historic Old Town Kern. The Old Town Mixed Use
Project includes the development of 40,000 square feet of retail, rehabilitation of 30,000 square feet of
existing retail spaces and the construction of 50 units of senior housing. The development of the senior
housing portion of the project requires the purchase and removal of an older commercial building. The
purchase price is a product of negotiations based on an appraisal prepared by a local appraiser. An
appropriation of $120,000 fund balance is needed to complete the transaction.
HEARINGS
z3nowa oe Acauirea t-or a butter [one for the Old Bakersfield Sanitary Landfill The public hearing of this
item was opened for consideration by the City Council on September 24, 2003. On motion of
Councilmember Maggard, the public hearing was closed and continued to October 8, 2003. The hearing
was reopened on October 8'" and continued to this date. The hearing is to be reopened and continued to
November 5, 2003 in order to give staff and the property owners sufficient opportunity to negotiate a
property transfer which will meet the City's need for a landfill buffer zone.
cervices r-unama isLtZ)r) ano the vroposea Expenaitures therefrom The City will receive $397,434 in
SLESF monies. The Police Department requests that the funds be appropriated and used for the
following: 1) Consultant for force and policy issues; 2) Development of a strategic plan to address critical
issues facing the Department; 3) Two vehicles and equipment for the Bomb Unit; 4) Wireless LAN server
and network; and 5) Partial funding for a Mobile Command Unit, the balance of which would be paid for
by the Local Law Enforcement Block Grant.
Local Law Enforcement Block Grant Funds and the Proposed Expenditures therefrom In August 2003,
the Police Department was awarded a $134,276 Local Law Enforcement Block Grant from the BJA.
Prior to expending funds from the BJA Grant, the Police Department must hold at least one public
hearing that allows and encourages public Attendance and participation. The Police Department
requests that the funds be appropriated and used for the following: 1) Research and purchase of an
early warning system program; and 2) Additional funding for the purchase of a Mobile Command Unit.
The grant requires the funds to be expended by September 30, 2005.
HONORABLE MAYOR AND CITY COUNCIL
OCTOBER 22, 2003
PAGE 4
2003, the Planning Commission adopted a Resol
11010 proposed by Porter-Robertson Engineering,
owner. It consists of 6 parcels on 14.49 acres for
(Regional Commercial) zone.
Sal by McIntosh and Associates On September 4,
ution conditionally approving Tentative Parcel Map
representing Carter Investments, Inc., the property
purposes of commercial development, zoned C-2
McIntosh and Associates, on behalf of Olive-Landco Associates and M.I.G. LLC, filed a letter of appeal to
the Planning Commission's approval of the Parcel Map 11010 citing: 1) recommendations related to
traffic improvements from a previously approved General Plan Amendment have not been satisfied; 2)
lack of phasing of the project; 3) it would be inappropriate to require the map to construct two lanes of
Knudsen Drive to Olive Drive since it is not recognized as a collector street in the General Plan; 4) lack of
definitive time to construct improvements since phasing is not requested; and 5) Landco Drive is not
following its adopted alignment at the intersection of Hageman Road.
The project site is a portion of the Hageman No. 3 Annexation annexed to the City of Bakersfield in mid-
2000. Also, the project site is a portion of General Plan Amendment and concurrent Zone Change No.
99-0482 for which the "Kyle Cater and the North of the River Sanitation District EIR (GPA/ZC #99-0482)"
was approved in August 2000.
Based on detailed information provided in the administrative report, Staff recommends the Council
uphold the Planning Commission's decision to approve the parcel map with conditions and mitigation
measures, which have been agreed to by the applicant, adopt the Negative Declaration, and to deny the
appeal.
clan of the Circulation Element of the General Plan The Specific Parks and Trails Plan for Northeast
Bakersfield (THE PLAN) will provide a system of parks and interconnecting trails for the public enjoyment
of unique open space features and recreational amenities in the area. The project area covers
approximately 16 square miles generally north of Highway 178 to Alfred Harrell Highway, from Fairfax
Road to Rancheria Road. THE PLAN provides park credit of 1/2 acre per 1,000 population for projects
where trail dedications are provided. This will result in a park requirement for residential projects of 2
acres per 1,000 population instead of the typical 2.5 acres of park land/in lieu fees per 1,000 population.
Full credit is given for staging areas.
THE PLAN utilizes government land such as landfill buffer areas, habitat preserve areas, BLM land and
California Water Service land for the benefit of open space, trails and parks. THE PLAN has been out for
public review and comment since May 5, 2003. Public workshops were conducted in May with follow-up
meetings with many property owners and interest groups. Staff met with interested members of the BIA
and provided copies of THE PLAN for their distribution. Although there is disagreement on some aspects
of THE PLAN (i.e. trail and park locations which impact a proposed gated development), the process has
been accessible to all parties with ample time for input.
The Circulation Element Amendment to the Bikeway Master Plan adds approximately 3 miles of bike
route designations to future roadways in the northeast and makes map corrections on about 3 Y2 miles.
AT:D W H:ai
CC: Department Heads
City Clerk's Office
News Media File
f BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF OCTOBER 22, 2003
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and 7:00 p.m.
(30 min)
(10 min)
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. WORKSHOP
3.
a. Presentation and overviewof the BakerStreet Comprehensive Economic Development
Strategy. (Presentation by Daniel lacofano, Moore lacofano Goltsman (MIG), Inc.)
b. Relocation of Fire Station No. 5 using CDBG funds.(Staff comments by Donna Kunz,
Economic Development Director and Fire Chief Ron Fraze)
CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9. Ghilarducci vs. City of
Bakersfield, USDC Eastern District Court Case No. CV-F-03-6216 AWI TAG
REGULAR MEETING - 7:00 p.m.
2.
3.
4.
5.
6.
7.
8.
INVOCATION by Bishop Garvin Prichett, Ambassadors for Christ Ministries.
PLEDGE OF ALLEGIANCE by Olivia Franzen, 2nd Grade Student at Buena Vista Elementary
School.
ROLL CALL
CLOSED SESSION ACTION
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Art Carlock, Chairman, Highway 99
Cruise 'n' Show, proclaiming October 24-26, 2003, as "Second Annual Highway 99
Cruise 'n' Show Days".
b. Presentation by Mayor Hall of Retirement Plaque to City Attorney Bart Thiltgen.
PUBLIC STATEMENTS
APPOINTMENTS
CONSENT CALENDAR
Minutes:
a. Approval of minutes of Special Council meeting of October 1, 2003 and Regular
Council meeting of October 8, 2003.
& CONSENT CALENDAR continued
Payments:
b. Approval of department payments from September 26, 2003 to October 9, 2003 in the
amount of $6,513,506.83 and self insurance payments from September 26, 2003 to
October 9, 2003 in the amount of $137,569.01.
Ordinances:
(Ward 4) c. Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone
Map No. 102-30) of the Municipal Code by changing the zoning from an R-S 10A
(Residential Suburban -10 acre minimum lot size) zone to an E (Estate) zone on 9.93
acres located on the east side of Jewetta Avenue, approximately 660 feet north of
Brimhall Road (File No. 03-0805). (First Reading 1018103)
d. Ordinance amending Section 16.16.010 of the Municipal Code relating to deletion of
an obsolete reference relating to tentative maps. (First Reading 1018103)
e. Ordinance amending Sections 2.84.560 and 2.84.620 relating to Leaves of Absence
for a period longer than 180 days. (First Reading 1018103)
(Ward 2) f. Ordinance amending Section 10.28.010 of the Municipal Code relating to one-way
streets, designates East 21" Street from King Street to Beale Avenue as a one-way
street, West to East. (First Reading 1018103)
g. Public Employees' Retirement System (PERS):
Ordinance authorizing amendment to the contract between the Board of
Administration of the Public Employees' Retirement System and the City of
Bakersfield making Section 21362.2 (3% @ 50 Full Formula) for local police
members only applicable to the City. (First Reading 1011103)
2, Amendment No. 4 to Contract No. 97-39 with the Board of Administration of the
Public Employees' Retirement System for local police members only.
Resolutions:
(Wards 1,2,3,7 h. 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.
Animal Control Vehicles:
Resolution determining that bidding for animal control vehicles cannot be
reasonably obtained through the usual bidding procedures because of the
urgent need to procure equipment for the preservation of health and
authorizing the Finance Director to dispense with bidding therefore, not to
exceed $102,000.00.
Appropriate $102,000.00 from the Equipment Management Fund Balance to
the Public Works Department Operating Budget.
8. CONSENT CALENDAR continued
Amendment No. 1 to Resolution No. 181-85 granting certain City employees the
authority to invest City of Bakersfield monies in the State of California Local Agency
Investment Fund (LAIF).
(Wards 1,2 5) k. Amendment No. 2 to Resolution No. 036-01 establishing Underground Utility District
No. 2, Division 27 (Stockdale).
(ward 4) I. Resolution of Intention No. 1293 to add territory, Area 1-35 (Jewetta, Meacham West)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
(Ward 4) M. Resolution of Intention No. 1307 to add territory, Area 1-42 (Olive, Old Farm 4) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Agreements:
n. Agreement to indemnify LAFCO for City Annexation No. 444, Proceeding 1360,
unihabited territory located north of Hosking Avenue, generally west of South Union
Avenue.
o. Agreement with Virginia Gennaro for City Attorney Services.
p. Agreement with Clifford & Brown to provide legal services in the matter of Maxwell v.
City of Bakersfield, Kern County Superior Court Case No. 248864 RJA, in an amount
not to exceed $50,000.00.
(Ward 4) q. License Agreement with Kern County Water Agency to allow City pipeline crossing of
Cross Valley Canal property.
r. Agreement with Pacific Union Dental for Retiree Dental Benefits.
(Ward 1) s. Assignment of Lease No. 93-144 between the City of Bakersfield and John Hosack to
Jerry Manda for Hangar A2.
(ward 5) t. Amendment No. 1 to Agreement No. 03-014 with Coleman Homes, Inc. reducing their
Transportation Impact Fee Credit to $110,132.00 and applying said credit to Tract
6082.
(Ward 4) U. Amendment No. 1 to Agreement No. 02-013 ($3,500.00 for a revised total contract
amount of $353,500.00) with RRM Design Group for design of water feature for the
Fire Station No. l51Westside Police Substation Project.
Bids
V. Accept bid to award annual contract for Home Accessibility Program Services for
Muxlow Construction, not to exceed $55,000.00.
8. CONSENT CALENDAR continued
(Ward 4)
w. Water Storage Tank and Booster Pump Facility:
Accept bid from HIPS Mechanical Inc. ($3,975,904.00) for construction of the
3 million gallon water storage tank and booster pump facility at CBK Station L-
208 for the Water Resources Department.
Amendment No. 1 to Cost Sharing Agreement No. 03-202 with California
Water Service for engineering design and construction of L-208 facilities.
3. Appropriate California Water Service Company share of project ($508,300.00)
to the Water Resources Capital Improvement Budget within the Domestic
Water Fund.
(Ward 1)
(Ward 2)
X. Reject all bids for Wastewater Treatment Plant No. 2, Effluent Storage Improvements.
y. Accept bid from lowest responsible and responsive bidderfor two additional refuse roll-
off trucks for the Solid Waste Division. (Bids to be opened October 17, 2003; award
recommendation to be available on October 21, 2003.)
Miscellaneous
Z. Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY
03/04) and Amendment No. 7 (FY 02/03).
1 Appropriate $370,825.00 prior year HOME Program Income to the Economic
and Community Development Department Operating Budget.
aa. Appropriate $89,000.00 Refuse Fund Balance to the operating budget to purchase
blue carts for the curbside recycling program.
bb. Purchase of real property located at 712 Kentucky Street for the Old Town-Kern Mixed
Use Project:
Appropriate $120,000.00 fund balance to the Old Town-Kern Capital
Improvement Budget.
9.
cc. Accept donation of medical equipment (approximately $2,600.00) from Liberty
Ambulance.
Staff recommends adoption of Consent Calendar items a through cc.
HEARINGS
(Ward 3) a. Reopen and continue public hearing to Council meeting of November 5, 2003 to receive
testimony 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 buffer zone for
the Old Bakersfield Sanitary Landfill. (Code of Civil Procedure Section 1245.230, et
seq.)
Staff recommends adoption of the resolution of necessity.
9. HEARINGS continued
b. Supplemental Law Enforcement Services Funding (SLESF) in the amount of
$397,434.00:
Public Hearing to consider SLESF proposed expenditures per Government Code
Section 30061 (Law Enforcement Services).
Appropriate $307,434.00 to the SLESF Police Department Operating Budget and
appropriate/transfer $90,000.00 to the Equipment Management Fund.
Staff recommends approval of the proposed expenditures and appropriations thereof.
Bureau of Justice Assistance (BJA) Local Law Enforcement Block (LLEBG) Grant Funds
in the amount $134,276.00:
1. Public Hearing to consider proposed LLEBG expenditures.
2. Appropriate $134,276.00 LLEBG to the General fund Police Department
Operating Budget.
Staff recommends approval of the proposed expenditures and appropriations thereof.
(ward4) d. Public Hearing to consider upholding the decision of the Planning Commission approving
the Negative Declaration and Tentative Parcel Map 11010, located on the north side of
Hageman Road, between Landco Drive and Knudsen Drive, and denying the appeal by
McIntosh and Associates.
Staff recommends adoption of resolution upholding the Planning Commission's decision
approving the Negative Declaration and Tentative Parcel Map 11010 and denying the appeal.
(ward 3) e. Specific Parks and Trails Plan for Northeast Bakersfield and amendment to the Bikeway
Master Plan of the Circulation Element of the General Plan No. P03-0761.
Resolution adopting the Specific Parks and Trails Plan for Northeast Bakersfield.
2. Resolution adopting amendment to the Circulation Element of the Metropolitan
Bakersfield General Plan - Bikeway Master Plan.
Staff recommends adoption of resolution adopting the Negative Declaration and approving the
Specific Parks and Trails Plan for Northeast Bakersfield and the General Plan/Circulation
Element amendment as recommended by the Planning Commission.
10. REPORTS
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL AND MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
4jAlan Tandy
City Manager
P1
10/15/03 4:38 pm
ADMINISTRATIVE
EETING DATE: October 22, 2003 AGEN
ITEM:
TO: Honorable Mayor and City Council
REPORT
Workshop
FROM: Donna L. Kunz, Economic Development Director
DATE: October 13, 2003
APPROVED
DEPARTMENT HEAD
Z
CITY ATTORNEY
CITY MANAGER
SUBJECT Presentation and overview of the Baker Street Comprehensive Economic Development
Strategy
RECOMMENDATION:
BACKGROUND:
The Strategy was funded through an innovative state grant of $143,600 from the Sustainable Communities
Grant and Loan Program of the California Pollution Control Financing Authority. The City of Bakersfield
was one of only 16 California cities out of 117 that applied to receive funding.
This grant allowed the hiring of a professional consulting team to develop a comprehensive planning
process for the future development of the area. A two-day charrette was held in May, with two additional
community meetings held over the following two months.
With the completion of the Strategy, additional data will be available to assist developers, investors, and
planners. These data include a retail leakage analysis, an estimate of household demand for services,
and distribution of employment by sector, both for the Baker Street Market Area and Metro Bakersfield.
Leading the Council workshop will be Daniel lacofano, principal of the firm Moore lacofano Goltsman
(MIG) Inc Mr lacofano led each of the three Baker Street community meetings related to the
devel ~pment of the Strategy.
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10/112C,03 1 09 PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Workshop
ITEM: a b
TO: Honorable Mayor and City Council
FROM: Ron Fraze, Fire Chief
DATE: October 15, 2003
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Workshop by Fire Department on relocating Fire Station #5 using CDBG funds
RECOMMENDATION:
BACKGROUND:
Fire Chief Ron Fraze will provide information regarding relocating Fire Station #5 along with
Economic and Community Development Director Donna Kunz providing information regarding
Federal Community Block Grant funding.
October 15, 2003, 4:41PM
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ADMINISTRATIVE REPORT
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MEETING DATE: October 22, 2003 AGENDA SECTION: Closed Session
ITEM: 0
TO: Honorable Mayor and City Council
FROM: Bart J. Thiltgen, City Attorney
DATE: September 29, 2003
APPROVED
DEPARTMENT HEAD l
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Ghilarducci v. City of Bakersfield, et al
USDC Eastern District Court Case No. CV-F-03-6216 AWI TAG
RECOMMENDATION:
BACKGROUND:
BJ- d I I
September 29, 2003, 2, 53PM
A IFO ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Presentations
ITEM: rj 0
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: October 10, 2003
P ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Art Carlock, Chairman, Highway 99 Cruise
n' Show, proclaiming October 24-26, 2003, as "Second Annual Highway 99 Cruise `n'
Show Days".
RECOMMENDATION:
BACKGROUND:
rdw
October 10, 2003, 9:46AM
S WAYORWDMIN\HIGHWAY 99 CRUISE AND SHOW.dot
ADMINISTRATIVE REPORT
(1)
MEETING DATE: October 22, 2003 AGENDA SECTION: Presentations
ITEM: 5. b.
TO,
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
October 10, 2003
Presentation by Mayor Hall of retirement plaque to City Attorney Bart Thiltgen.
P VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER-LW-
RECOMMENDATION:
BACKGROUND:
ndw
October 10, 2003, 9.48AM
&WAYMADMIMBART THILTGEN.dot
(1) ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: g 0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
October 10, 2003
Approval of minutes of the October 10, 2003 Council Meeting and the minutes of the
October 1, 2003 Special Meeting.
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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gCiFO til'.. ADMINISTRATIVE REPORT
MEETING DATE October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: S h .
TO Honorable Mayor and City Council
FROM Gregory J. Klimko, Finance Director
DATE: October 10, 2003
APPROVED
DEPARTMENT HEADeV
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from September 26, 2003 to October 9, 2003 in the
amount of $6,513,506.83 and self insurance payments from September 26, 2003 to
October 9, 2003 in the amount of $137,569.01.
RECOMMENDATION:
Staff recommends approval of payments totaling $6,651,075.84.
BACKGROUND:
kiq
October 10, 2003, 9:04AM
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° ADMINISTRATIVE REPORT
LIFO 1\
MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent
ITEM: $ 0
TO: Honorable Mayor and City Council
FROM: Development Services - Planning
DATE: October 6, 2003
P VIED
DEPARTMENT HEA
CITY ATTORNE E
CITY MANAGER
SUBJECT: An ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone
Map No. 102-30) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from an R-S 10A (Residential Suburban -10 acre minimum lot size) zone to an E
(Estate) zone on 9.93 acres located on the east side of Jewetta Avenue, approximately
660 feet north of Brimhall Road (File No. 03-0805). (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on October 8, 2003.
On September 4, 2003, the Planning Commission adopted Resolution No. 125-0'
recommending approval of proposed Zone Change File # 03-0805 from a residential zone
requiring a 10-acre minimum lot size to an Estate zone with a 10,000 square foot minimum lot
size acres located on the east side of Jewetta Avenue, approximately 660 feet north of Brimhall
Road. The 9.93-acre property is depicted as Suburban Residential designation on the General
Plan Land Use Element Map. The proposed zone change is consistent with the Land Use
designation. The developer has received approval of Tract 6220 by the Planning Commission to
develop single family residential homes.
No one spoke on this zone change during the Planning Commission hearing. The applicant has
agreed to conditions as shown on Exhibit "A" of the ordinance.
Based upon an initial environmental assessment, staff has determined the proposed project will
not significantly affect the physical environment or existing residential development in the area.
A Negative Declaration was prepared and the Initial Study is attached as background material.
JE
AdmenAoctl10-22-0805
(i) ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Deferred Business
ITEM: g d
TO: Honorable Mayor and City Council
FROM Bart J. Thiltgen, City Attorney
DATE: October 9, 2003
APPROVED
DEPARTMENT HEAD,
CITY ATTORNEY
CITY MANAGER
SUBJECT An ordinance amending Section 16.16.010 of the Bakersfield Municipal Code relating to
deletion of an obsolete reference relating to tentative maps.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The proposed ordinance is another "clean-up" amendment to Title 16 of the Bakersfield Municipal
Code. Subdivision Ordinance. The amendment would delete an obsolete reference to Section 16.16.040,
which no longer exists in the Code. After a public hearing on July 17, 2003, the Planning Commission
adopted Resolution No. 113-03 recommending their approval of this amendment to the City Council.
The proposed ordinance amendment is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3), General Rule.
The ordinance received first reading at the October 8, 2003 City Council meeting.
VG aq
October 9, 2003, 9'OOAM
S]COUNCUAd,,ns~16. 16.0 0Amend2.doc
.~`F ~'HAK,
( ~w~L1F0 ~ ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: $ 2
TO,
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
October 1, 2003
Ordinance amending Bakersfield Municipal Code sections 2.84.560 and 2.84.620 relating to
Leaves of Absence for a period longer than 180 days.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was at the October 8, 2003, Council meeting. Section 17 of the
charter of the City of Bakersfield provides that "No member of the Council shall, except insofar as
necessary in the performance of the duties of his or her office, directly or indirectly take any part in the
appointment, promotion or dismissal of any officer or employee in the service of the City, other than
officers or employees of the employees of the Council." Paragraph 6, Section 36 of the Charter (Duties of
the Manager) provides, in pertinent part, 'To appoint and remove all officers and subordinate officers
and employees in both the classified and unclassified service Bakersfield Municipal Code Section
2.72.050 codifies Section 17 of the Charter and specifies the City Manager shall be responsible for
administration of personnel and compensation policies as authorized by the Charter.
In reviewing Bakersfield Municipal Code Sections 2.84.560 and 2.84.620, an inconsistency with the
Charter and Bakersfield Municipal Code Section 2.72.050 was noted. These sections, both of which deal
with Leaves of Absence without Pay, provide that any such leaves for a period longer than 180 days must
be approved by the Council. Since denial of such an extension of leave results in the "employee's service
with the city shall be terminated" (BMC § 2.84.560(D)), Council consideration/action would be contrary to
the imitations imposed by the Charter as the Council would/could be "dismissing" an employee.
Alternatively.. simply presenting the matter to the Council for "rubber stamping" the Manager's
determination would be interpreted to be a legal nullity as the Council's action would have no discretionary
basis. Thus, this requirement for Council approval of leaves of absence without pay beyond the 180 day
imit should be repealed. In addition, Bakersfield Municipal Code Section 2.84.560(F), Maternity Leave of
Absence should also be modified to eliminate Council involvement in the decision. Finally, Bakersfield
Municipal Code Section 2.84.560(1), granting Council the discretion to grant other types of leaves of
absence should be eliminated as being in direct contradiction to the Charter's provisions siting such
authority with the City Manager over administration of personnel and compensation policies.
The proposed Ordinance amends the above cited sections to eliminate the contradictions. Staff
recommends adoption of the Ordinance.
. _ut s91+c. x11'11 .n, 1 Fti me
October 1, 2003, 11,57AM
o 9A
tR
ADMINISTRATIVE REPORT
MEETING DATE October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: f
TO: Honorable Mayor and City Council APPROVED
FROM Raul M Rojas, Public Works Director DEPARTMENT HEAD(-V -~j~
DATE October 9, 2003 CITY ATTORNEY l/
CITY MANAGER_~
SUBJECT Ordinance amending Section 10.28.010 of the Bakersfield Municipal Code relating to one-
way streets, designates East 21" Street from King Street to Beale Avenue as a one-way
street, West to East. (Ward 4)
RECOMMENDATION Staff recommends approval of Ordinance.
BACKGROUND. Staff has met with representatives of the Bakersfield Rescue Mission regarding the
traffic flow along East 21s' Street from King Street to Beale Avenue. The Bakersfield Rescue Mission
representatives have requested that East 21st Street from King Street to Beale Avenue be designated
as a one-way street This will provide more parking directly in front of the Bakersfield Rescue Mission
by allowing diagonal parking on both the south and north side of East 21s' Street.
The ordinance will establish East 21" Street from King Street to Beale Avenue as a one-way street,
West to East
First reading was given on this Ordinance on October 8, 2003.
Octooer 5 2003, 3.07PM RS/ds
G. GRO'iPDAT'ADMINRPT'2003\10-22\Traffic Ord Admin. dot
(i)
Honorable Mayor and City Council
MEETING DATE October 22, 2003 I AGENDA SECTION: Consent
ITEM: 5, n
TO:
FROM:
DATE.
SUBJECT:
Carroll Hayden, Human Resources Manager
October 13, 2003
4 APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Amendment No. 4 to Contract No. 97-39 with the Public Employees' Retirement System
(PERS)
ADMINISTRATIVE REPORT
Ordinance authorizing an Amendment to the Contract of Administration of the
Public Employees' Retirement System to provide Section 21362.2 (3% @ 50
Full formula) for local police members only.
2 Agreement with the Public Employees' Retirement System (PERS) to provide
Section 21362.2 (3% @ 50 Full formula) for local police members only.
RECOMMENDATION:
Staff recommends adoption of the Ordinance approving the amendment.
BACKGROUND.
This amendment implements a change agreed to in the City's agreement with the Association of
Bakersfield Police Officers which was executed February 14, 2001, which was to implement the 3% at 50
formula by December, 2003 . The Employer rate will increase, with the effective date of the contract
change, from 8.749% to 21.366% or an increase of 12.617%. The present value of the benefits will
increase by $19.183,594 and the accrued liability will increase by $16,236,315.
The City Of Bakersfield has a contract with the Public Employees' Retirement System (PERS) where the
City contributes money for retirement benefits for each regular employee following a specified period of
employment Retirement benefits are based upon the number of years of service and salary of an
employee
PERS will allow a contracting agency to adopt an amendment to their original contract to allow changes in
benefit levels
A notice of intention to amend our contract with PERS to allow this change to Section 21362.2 must be
made public twice by the City Council, and then it can be adopted after at least 20 days following the first
October 13. 2003, 11.18AM
S WDMINRPTPD 3 @ 50 Amend Il.dot
ADMINISTRATIVE REPORT
reading of the Ordinance. This Ordinance was given first reading at the meeting of October 8, 2003.
Staff recommends the adoption of this amendment to the City's contract with PERS. Said adoption is
accomplished by passage of the attached ordinance (uncodified).
October 13, 2003, 11:18AM
S. W,DMINRPT\PD 3 @ 50 Amend 11.dot
ADMINISTRATIVE REPORT
MEETING DATE October 22. 2003 AGENDA SECTION: Consent
ITEM - h
TO: Honorable Mayor and City Council
FROM Development Services - Building DEPARTMENT
DATE October 8, 2003 CITY ATTO
CITY MAN
SUBJECT 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, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1, 2, 3 & 7)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on September 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 1_/Councilmember Carson
1
333 Augusta Street
2
337 Augusta Street
3
334 Clifton Street
4
100 Clyde Street
5
4 Kincaid Street
6
337 S. King Street
7
6t8 L Street
8
324 Martin Luther King Blvd.
9
328 Martin Luther King Blvd.
10
330 Martin Luther King Blvd.
11.
332 Martin Luther King Blvd.
12
South of 245 Northrup Street
018
-220-31
$
595.00
018
-220-35
$
245.00
018
-370-04
$
395.00
018
-340-12
$
595.00
018
-170-10
$
270.00
018
-140-24
$
395.00
009
-341-04
$
670.00
018-
420-05
$
245.00
018-
420-03
$
245.00
018-
420-02
$
245.00
018-
420-01
$
245.00
018-
310-25
$
345.00
Ocmb r, 2003 3.19Pvl
P toc22r 1 doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION
APN
COST
13
SWC S. Owens & Virginia
018-220-01
$
395.00
14.
905 P Street
009-162-13
$
795.00
15
621 0 Court
009-380-22
$
770.00
16
1323 Ralston Street
018-122-04
$
470.00
17.
1505 Ralston Street
018-122-12
$
345.00
18
701 Union Avenue
009-471-14
$
869.00
19
707 S. Williams Street
019-122-05
$
420.00
Ward 2/Councilmember Benham
20. 2010 Cherry Street
21 1404 Kentucky Street
Ward 3/Councilmember Maggard
22 3501 Bernard Street, #13-A
23 3224 Fortier Street
Ward 6/Councilmember Sullivan
24 4001 Ming Avenue
007-200-17
015-420-12
130-220-30
132-203-20
$ 934.00
$ 495.00
5,345.00
289.00
440-011-04 $ 899.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8 80 of the Bakersfield Municipal Code. Property owners had been given notice of their
-fight 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 •.vork 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.
OCIOber 8, 2003. 329PM
p ~Ocl22hi1 Coc
a'~,Ke
c
ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003
TO Honorable Mayor and City Council
FROM Raul M. Rojas, Public Works Director
DATE October 8, 2003
SUBJECT: Resolution to Dispense with Bidding:
AGENDA SECTION: Consent Calendar
ITEM: R f
APR
MOVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1 A Resolution determining that bidding for animal control vehicles cannot be reasonably
obtained through the usual bidding procedures because of the urgent need to procure
equipment for the preservation of health and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $102,000.
2 Appropriate $102,000 from the Equipment Management Fund Balance to the Public
Works Department Operating Budget.
RECOMMENDATION Staff recommends adoption of Resolution and Appropriation of funds.
BACKGROUND Effective July 1, 2003, The City of Bakersfield was required to take over Animal Control
activities throughout the City limits. At this time, the City of Bakersfield has one used Animal Control
Vehicle that was acquired at an auction and is renting two Animal Control Vehicles from The County of
Kern The agreement with The County of Kern for the two Animal Control Vehicles ends on December 30,
2003
City staff has located three Animal Control Bodies from Deerskin Manufacturing Inc., and two cab and
chassis from Jim Burke Ford that are currently available at the dealership. The additional body is to be
mounted on an existing pickup in the City fleet. If the two cab and chassis are not acquired at this time, the
next cycle for delivery would be in March of 2004. In addition, the usual lead time for ordering the Animal
Control Bodies can be as long as one year.
It has been determined that diseased and injured animals, dead animals, and rabies are significant health
threats to the public and in order to protect the health and safety of the public, the City urgently needs to
acquire these vehicles for animal control ourooses
October 3, 2003, 11 53AM
GGROUPDAT ADMINRPT2003\10-22\SPCA Trucks Admin. doc
ECM/dns
t a ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent
ITEM:
TO Honorable Mayor and City Council
FROM: Gregory J. Klimko, Finance Director DEPARTM
DATE: October 9, 2003 CITY i
CITY
SUBJECT: Amendment No. 1 to Resolution No. 181-85 granting certain City employees the authority
to invest City of Bakersfield monies in the State of California Local Agency Investment Fund (LAIF).
RECOMMENDATION: Staff recommends adoption of the amended Resolution.
BACKGROUND: On December 11, 1985, Resolution 181-85 was adopted by the City Council. This
Resolution authorized the investment of City of Bakersfield monies in the State of California Local
Agency Investment Fund (LAIF). It also authorized specific Finance Department officers by name and
title to order the deposit or withdrawal of monies in LAIF. This authorization has become outdated.
The purpose of the amendment is to authorize Finance Department officers: Finance Director,
Assistant Finance Director, City Treasurer and Accounting Supervisor (called the Treasury Supervisor
in the Treasury Division) to order the deposit or withdrawal of City of Bakersfield monies in LAIF. This
authorization adds one additional officer, the Treasury Supervisor, to the authorized list for a total of
four. The addition is necessary because of more frequent LAIF transactions and the need to
complete LAIF transactions by 10:00 a.m. for same day credit.
It ~s noteworthy that a built-in security feature of the LAIF computer system directs all withdrawals to
the City's Active Account, or main checkino account. regardless of who does the withrtrnwai
11 A
ADMINISTRATIVE REPORT
4ba0
LIFO
MEETING DATE: October 22, 2003 I AGENDA SECTION: Hearings
ITEM: b. K.
TO
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 9, 2003
Amendment No. 2 to Resolution No. 036-01 Establishing Underground Utility District No. 2,
Division 27 (Stockdale). (Wards 1, 2 and 5)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City Council approved Resolution No. 036-01 establishing Underground Utility
District 2, Division 27 (Stockdale) on March 4, 2001 and later amended the resolution to modify the
boundary on September 5, 2001. This district uses Rule 20A funds to underground the overhead utility
lines along Stockdale Highway between Highway 99 and Coffee Road at no cost to the City. The
Resolution also set a date of September 30, 2002 for all underground work to be completed.
Work on a portion of the first phase at Ashe Road has been completed. Work from Ashe to Coffee will
start soon. Work on the remaining portion won't start until late 2004 or early 2005.
This second amendment allows Rule 20A funds to be used for the conversion of private electric service
panels. It also extends the completion date for all phases to December 31, 2005.
-C
October 6, 2003, 9:51AN1
G (3ROUPDATIADN11NRPT12003\10-22\Und Dist2-27amend2. dot
•J J oyr`a Fj
ADMINISTRATIVE REPORT
-
MEETING DATE' October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: y. L.
TO Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HE
DATE October 9, 2003 CITY ATTORN
CITY MANAG
SUBJECT. Resolution of Intention No. 1293 to add territory, Area 1-35 (Jewetta, Meacham West) 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.
5966 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 1-35 is generally bounded by a line 1600 feet north of Meacham
Road on the north, Jewetta Avenue on the east, a line 1000 feet south of Meacham Road on the south
and Old Farm 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.
le 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,
covenants have beer drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision maps
Lvd
October H, 2003. 5 58P%l
\G ROU PDATADMI NRPT'.2003\10-22\bID 1-35Ri03. dot
e ~
F C-JF
ADMINISTRATIVE REPORT
UFO
_MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
_ _ ITEM: ryt,
TO Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE October 9. 2003
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY Z
CITY MANAGER
~aW
SUBJECT Resolution of Intention No. 1307 to add territory, Area 1-42 (Olive, Old Farm 4) 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: Tracts No. 5829, Units 1 and 2 and 5831, Units 1 and 2, were processed and recorded
while in the unincorporated area. The owners requested that these areas be included within County
Service Area 71 for maintenance of street landscaping. They signed Proposition 218 ballots agreeing to
maximum assessments of $180 per single family dwelling unit per year and met all requirements for
inclusion in County Service Area 71 These Tracts have now been annexed into the City. The City is now
responsible for maintenance of street landscaping in this area. The maximum allowable assessment for
City parcels within this area is $125 per single family dwelling (less than the $180 assessment the owners
agreed to in the county). The current City assessment per single family dwelling based on existing
landscaping is $22.80
Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping.
Area 1-42 consists of two parcels within an area generally bounded by a line 800 feet south of Snow Road
on the north, Jewetta Avenue on the east, a line 1/4 mile south of Olive Drive on the south and Allen Road
on the west. This area will be under the streetscape zone of benefit and will be assigned tier level 1
based on existing landscaping.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting
L. 1
October d. 2003, 9 10AtiI
G'.GROUPDAT,ADMINRPT,2003V10-221MD I-42Ri03.dot
OF ~v K6p
J prb 's
F F
ADMINISTRATIVE REPORT
gcreo
MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent
ITEM: $ . l
TO: Honorable Mayor and City Council APPI
FROM: Development Services - Planning DEPARTMENT HEAD
DATE: September 25, 2003 CITY ATTORNEY
CITY
SUBJECT: Agreement to Indemnify LAFCO for City Annexation No. 444, Proceeding 1360, uninhabited
territory located north of Hosking Avenue, generally west of South Union Avenue. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission is processing the annexation and will place a condition
that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation.
The agreement provides that if LAFCO is sued for approving the City's application for annexation,
the city will bear the burden of defense. The property owner consents to annex the site to the city.
The annexation territory consists of 28 acres located north of Hosking Avenue, generally west of
South Union Avenue.
The property owner wishes to receive city services and has consented to annexation.
MO:Qjt
Admimnov,,1 0-22-444
.9 ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent
ITEM $ n
TO: Honorable Mayor and City Council „ # APPROVED
FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
DATE: October 14, 2003 CITY ATTORNEY e ~
CITY MANAGER AIVJ t
SUBJECT: Contract with Virginia A. Gennaro for City Attorney Services
RECOMMENDATION:
Staff recommends approval of contract.
BACKGROUND:
Following an exhaustive search for candidates for the City Attorney position, the Council, at the October
08, 2003 meeting announced their decision to hire Virginia A. Gennaro.
October 14, 2003, 8.49AM
S:WDMINRPT\City Attorney2003,doc
BnK
ADMINISTRATIVE REPORT
~<s
~gGIFO ' \
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: g p
T0: Honorable Mayor and City Council
FROM: Bart J. Thiltgen, City Attorney
DATE: October 10, 2003
SUBJECT: Approval of Agreement with Clifford
Maxwell v. City of Bakersfield, Kern
amount not to exceed $50,000.
APPROVED
DEPARTMENT HEAD_~
CITY ATTORNEY
CITY MANAGER
& Brown to provide legal services in the matter of
County Superior Court Case No. 248864 RJA, in an
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The above referenced case involves an automobile collision between a citizen and a City of
Bakersfield Police Officer. Due to the complexity of the case and the reduction of City Attorney staff, it is
recommended the Council approve the Agreement with Clifford & Brown to associate with the City to
defend this lawsuit.
BJTdII
S CDU%JIL'.AomrsAtrRe:a,nerAgr.Cbfford&Brown_dot
October 10. 2003, 9 r07AM
9K
of ~~weu. '4S
° ADMINISTRATIVE REPORT
B gLIFO
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
_ ITEM: g Q .
TO: Honorable Mayor and City Council
FROM. Gene Bogart, Water Resources Manager DEPARTMENT HEAD
DATE October 9, 2003 CITY ATTORNEY
CITY MANAGER(i1/(Qr
~
SUBJECT License Agreement (for an easement) with Kern County Water Agency to allow City
pipeline crossing of Cross Valley Canal property (Ward Number 4)
RECOMMENDATION: Staff recommends execution of license agreement.
BACKGROUND: This license agreement will allow the City to construct, operate and maintain a 24"
diameter pipeline within the Kern County Water Agency's (KCWA) Cross Valley Canal (CVC) right-of-way,
located just east of Stockdale Highway and the Kern River. The pipeline will be used to transport water
from the Kern River channel to newly constructed groundwater recharge ponds (Pioneer Recharge
Facility) and a lake on the north side of the river near Jewetta Road and Stockdale Highway.
FC
Ocober 5, 2003. 9.11AM
S_12003 ADMIN RPTS\OC22WT2CC.dot
Bd £S
ADMINISTRATIVE REPORT
MEETING DATE October 22, 2003 I AGENDA SECTION: Consent
ITEM: r
TO Honorable Mayor and City Council PPRO ED
FROM Carroll Hayden, Human Resources Manager DEPARTMENT HEAD; -
DATE: October 13, 2003
CITY ATTORNE
CITY MANAGE
SUBJECT Agreement with Pacific Union Dental for Retiree Dental Benefits
RECOMMENDATION:
Personnel Committee recommends approval of the contract.
BACKGROUND:
At the Insurance Committee meeting of August 5, 2003, the Committee recommended that a dental
insurance policy for retirees of the City Of Bakersfield and paid for by retirees be initiated. This
recommendation was forwarded to the Personnel Committee of the Council on September 18, 2003, who
also approved the recommendation. The Insurance Committee reviewed the details of the dental plan for
retirees on September 26, 2003, which included a 2% administrative fee for the City to administer the plan
and a 10% risk fee. The risk fee is included, as participants must stay in the plan for a year and it was
feared that some retirees might enroll, have dental work completed and then stop paying premiums,
leaving the City liable for the remainder of the plan year premiums. The plan includes two options with two
different rate structures, as outlined in the attached contract. Both plans include orthodontic benefits.
October '4, 2003, 8.28AM
S.'ADMINRPPRetiree Dental PUD. dot
6A
° ADMINISTRATIVE REPORT
@iI
`aUeo
MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent Calendar
ITEM: 18
TO
FROM,
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
October 9, 2003
Assignment of Lease No. 93-144 between the City of Bakersfield and John Hosack to
Jerry Manda for Hangar A2.
PROVED
DEPARTMENT HEAD
CITY ATTORNEY Z
CITY MANAGER
RECOMMENDATION:
Staff recommends approval of the assignment.
BACKGROUND:
The original lease allows for assignment of the lease to another individual. All requirements for the
assignment have been met under the original lease. The assignment does not alter the term of the
original lease which will expire in 2013.
a,V:
Ocicber g. 2003. 8 15A61
Hangar Lease Assignmeri
Vc. E~ ~R
c ADMINISTRATIVE REPORT
,o:
MEETING DATE: October 22, 2003
TO
FROM
DATE.
SUBJECT
Honorable Mayor and City Council
AGENDA SECTION: Consent Calendar
ITEM: R 4
Raul M. Rojas, Public Works Director
October 2, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 03-014 between the City of Bakersfield and Coleman
Homes, Inc., reducing their Transportation Impact Fee Credit to $110,132 and applying said
credit to Tract 6082.
RECOMMENDATION. Staff recommends approval of Amendment.
BACKGROUND: On October 8, 1997, Council approved Agreement No. 97-136 (1), Transportation
Impact Fee Agreement crediting Coleman Homes, Inc., $264,000 for land development at the intersection
of Panama Lane and Golden Gate Drive. Ultimately, Coleman Homes was credited $278,868. On
January 29, 2003, Council Approved Agreement No. 03-014, Transportation Impact Fee Agreement
crediting Coleman Homes $125,000 for improvements on Tentative Tract Map 5934. Coleman Homes
has requested that the City reduce their credit amount on Agreement 03-014 to reflect the difference of
S14,868 and apply remaining $110,132 credit to Tract 6082.
JH ccs
October 1, 2003, 323PM
G^GROUPDAT ADMINRPT 2003110-22Umend 03-014 Admin.dot
BA
oFy~.,,~k
ADMINISTRATIVE REPORT
rF0
MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent Calendar
ITEM: C~ u
TO
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 14. 2003
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 02-013 ($3,500 for a revised total cc tract amount of
$353,500) with FIRM Design Group for Design of Water Feature for the Fire Station No.
15/Westside Police Substation Project (Ward 4)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: In designing Fire Station No. 15 / Westside Police Substation, staff and the design
consultant worked together to make provisions for a future water fountain to be installed in the central
courtyard of the project site. Staff has recently determined that there are sufficient funds to design and
construct this water fountain now with the project. This amendment provides for the design of the water
feature. A contract change order will be subsequently issued for the construction of the water fountain by
the general contractor, Colombo Construction Company.
PW Engr/ADR October 14, 2003, 12:34PM
G:\GROUPDAi\ADMINRPT\2003\10-22\Admin RRM Agreement FS15 WPS.dot
ADMINISTRATIVE REPORT
(i) MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent Calendar
ITEM: q V
TO: Honorable Mayor and City Council
FROM: Gregory J. Klimko, Finance Director DEPARTh
DATE: October 10, 2003 CITY
CITY
SUBJECT: Accept bid to award annual contract for Home Accessibility Program Services for Muxlow
Construction, not to exceed $55,000.00.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: The City of Bakersfield Economic and Community Development Department provides
grants of up to $2,500.00 for constructing handicap accessibility improvements in privately or publicly
owned structures. This program responds to the unmet needs for housing and community development
improvements within the City as identified and supported in the City's Consolidated Plan 2005 which was
approved by City Council in May, 2000. Funding for the program is provided through the U. S.
Department of Housing and Urban Development.
Invitations to bid were sent to sixteen (16) contractors and the project was advertised in The Bakersfield
Californian newspaper. Additionally, the notice that the project was available for bid was faxed to 190
contractors listed on the City's vendor list. One (1) bid, from Muxlow Construction, was received. Muxlow
Construction has worked under departmental contract to provide this service for the past four (4) years
and currently possesses all the HUD required licensing and insurance.
Purchas.:g Divisicn
DW:Ijm
P:\ADW,'2003 ADMIMC03.1022_A_AC Home Accessibility Program Services A.doc
Octooer 13, 20C3, 10:31AM
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ADMINISTRATIVE REPORT
S~C1F0 y~P
MEETING DATE October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council Pli
FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD
DATE: October 8, 2003 CITY ATTORNEY.
CITY MANAG
SUBJECT: 1. Accept bid from HIPS Mechanical Inc. in the amount of $3,975,904.00 for
construction of the "3 Million Gallon Water Storage Tank and Booster Pump Facility
at CBK Station L-208" for the Water Resources Department, (Ward Number 4)
Amendment No.1 to Cost Sharing Agreement No. 03-202 with California Water
Service for engineering design and construction of L-208 facilities.
Appropriate $508,300 California Water Service Company share of project to the
Water Resources Capital Improvement Budget within the Domestic Water Fund.
RECOMMENDATION:
1 Staff recommends acceptance of low bid.
2. Staff recommends approval of Amendment No.1 to Agreement No. 03-202.
3. Staff recommends approval of the appropriation.
BACKGROUND'
The City and California Water Service Co. (Cal Water) need additional distribution capacity and water
storage in the northwest area of Bakersfield. Domestic Water Station L-208 is to be located at a 3
acre site near Coffee Road and Norris Road. The City and Cal Water have agreed that a joint
constructed and operated facility would be more cost effective to build and operate. A cost sharing
agreement which formalized the terms and conditions for constructing and operating the water
facilities at L-208 between the City and Cal Water was approved by the council at the July 9, 2003
meeting. This amendment to the agreement will identify each agency's revised share of the project
based on the cost of the low bid received to construct the project. An appropriation has been
requested to cover Cal Water's additional cost of the project. The City's share of the construction cost
of the project is currently budgeted in the Water Resources Capital Improvements Budget.
Four bids were received on September 23, 2003 for this project, as follows:
October 9, 2003, 8:38AM
S'2003 ADMIN RPTS'.0C22WT1CC.doc
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ADMINISTRATIVE REPORT
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield CA 93307
in the amount of
: $3,975,904.00
Pacific Hydrotech Corporation
314 E. 3rd Street
Perris CA 92570 (Out of County)
in the amount of:
$4,236,358.80
W. M. Lyles
1210 W. Olive Avenue
Fresno, CA 93728 (Out of County)
in the amount of:
$4,248,406.78
Griffith Company
12200 Bloomfield Avenue
Santa Fe Springs, CA 90670 (Out of County)
in the amount of:
$4,256,499.65
(Typist's Initials)
(Month DayDeptl .Section)
M R.
10,08103
water
Re
October 9, 2003, 8:38AM
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ADMINISTRATIVE REPORT
CF gLIFO
MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent Calendar
ITEM: X.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 8, 2003
Reject all bids for Wastewater Treatment Plant No. 2, Effluent Storage Improvements
(Ward 1)
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
U
CITY MANAGER
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: Wastewater Treatment Plant 2 was expanded and upgraded in 1999 to a design
capacity of 25 million gallons per day. The Plant cannot be permitted for this flow rate until the farm and
effluent storage facilities are also expanded. Currently, the Plant has 5,000 acre-feet of effluent storage
capacity which must eventually be expanded to 6,900 acre-feet to meet the plant capacity. This project
will convert an old oxidation pond into a storage reservoir and enlarge another reservoir to yield an
additional 960 acre-feet of storage capacity.
On September 22, 2003, six bids were received. Staff has received correspondence from both the low
and second low bidder regarding an issue of licensing, specifically the C-57 Contractor's License (water
well driller). This correspondence protested the awarding of the bid to the other bidder. Because of the
potential litigation involved with this project, staff recommends rejecting all bids at this time and rebid the
project.
On September 22, 2003, the following six bids were received:
Kaweah Construction
335 N. Thorne Avenue
Fresno, CA 93706 In the amount of $1,876,677.00
Turboflo Engineers
26 E. Colorado Blvd., #112
Pasadena. CA 91105 In the amount of $1,896,580.00
Whitaker Contractors Inc.
22985 El Camino Real
Santa Margarita, CA 93453 In the amount of $2,039,570.00
Wood Brothers Inc.
PO Box 216
Lemoore, CA 93245 In the amount of $2,071,226.00
Octobei 15, 2003, 10:1 SAM
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ADMINISTRATIVE REPORT
Kirkwood-Bly Inc.
345 industrial Drive, suite 10
Santa Rosa, CA. 95403
Irv Guinn Construction Co.
6533 Rosedale Highway
Bakersfield, CA 93308
In the amount of
In the amount of
$2,135,000.00
$2,714,750.00
October 15, 2003, 10:17AM
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ADMINISTRATIVE REPORT
(1)
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
_ ITEM: g ~
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT
DATE: October 15, 2003 CITY ATTORNEY
CITY
SUBJECT: Accept bid from lowest responsible and responsive bidder for two additional refuse roll-off
trucks for the Solid Waste Division (Bids to be opened on October 17, 2003; award
recommendation to be available on October 21, 2003).
RECOMMENDATION: Staff recommends acceptance of lowest responsible and responsive bid
BACKGROUND: The bids for two additional refuse roll-off trucks will be opened on October 17, 2003.
Staff will need a few days to evaluate all bid submittals. These two trucks are included in the current year
budget. Awarding of these roll-off trucks on the October 22nd council meeting is necessary for the
following reasons
Current workload of commercial refuse exceeds capacity of four existing roll off trucks.
Five drivers are sharing the four existing roll off trucks.
Overtime costs have increased because we do not have sufficient roll off trucks in the City's fleet to
handle industry demand.
The attached memo provides more information on this subject. Staff will provide a revised administrative
report to the Council for the October 22nd council meeting.
October 15, 2003, 11:18AM
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MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
ITEM: Z
TO. Hcncrable Mayor and City Council APPROVED
FROM: Dcnra L. Kunz, Economic Development Director DEPARTMENT HEAD
2 -
DATE: October 10, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 4)
and Amendment No. 7 (FY 02/03).
1 Appropriate $370,825 prior year HOME Program Income to the Economic and
Community Development Department Operating Budget. (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendments affect CDBG program funds. The amendments are
needed to better reflect the program and budget needs for key department initiatives for the current year.
The proposed amendments will reallocate CDBG and HOME funds from various projects budgeted in FY
03-04 and FY 02'03 to the following CDBG eligible projects,
This action will allow for the development of 80 two, three and four bedroom affordable apartments
ccated between 13". 'M", and "N" streets north of California Avenue. The total estimated construction
cost is $6 million
HMtNUNItN I NO. 1 FY 03/04 ACTION PLAN - B-03-MC-06-0510 and M-03-MC-06-0510
Project Title & Description
Add
New Construction Assistance Housing
develcpmen.t assistance for costs associated
wit-) acquisition and construction of affordable
mousing for the N Street Housing Project (~Vard
2
ExceSS HOME program income.
Project ID
Available Budget Revised
Activity Code/
Amount of
Changes
Total
Citations
Funds
I
Funding
$939,175
S370,825' 51,310,000
12
Construction of
Housing
570.201 (m)
S AOmirs City Courdl'act: on plan amendment 10-22-03 doc
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ADMINISTRATIVE REPORT
Page 2
_ ramcnumtN r NO. 7 FY 02/03 ACTION PLAN - M-02-MC-06-0510
Change of Use
rNew construction Assistance Housing 12 $208,000 $0 $208,000
development assistance for costs associated Construction of
with acquisition and construction of affordable Housing
housing for the N Street Housing Project.
Project Specific. (Ward 2) 570.201 (m)
A public notice was published on September 18, 2003 to begin the 30-day public comment period for
these amendments to date no public comments have been received.
S..AdminslCity Council\actior plan amendment 10-22-03.doc
10/ 10/2C(1,310 34 ANI
9 ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Consent Calendar
_ ITEM: 8 0.a
TO
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
October 10, 2003
Appropriate $89,000 Refuse Fund Balance to the operating budget to purchase blue carts
for the curbside recycling program.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGE
W)AL
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: At the June 11, 2003 meeting, Council approved Agreement No. 03-152 with
Metropolitan Recycling Corporation (MRC). According to the Agreement, MRC and the City will jointly
implement a voluntary curbside recycling collection program. MRC will collect specific areas inside the
City limits. This Agreement states that the City shall provide each residence receiving automated curbside
service from a MRC contractor with a blue cart at the City's own cost and expense. This was done to
improve the efficiency of handling cart deliveries and inventory.
Discussions between MRC and the City were occurring at the same time the Fiscal Year 2003/2004
budget was being prepared. The budget for this fiscal year assumed that MRC would purchase the blue
carts for their routes. Therefore, blue carts for MRC serviced routes were not included in the City's
budget. As discussions between MRC and the City continued on the curbside program, it was decided
that the City would purchase all blue carts for efficiency.
In exchange for the City purchasing the blue carts for contractor served homes, the contract hauling
charges were reduced from $6.25 per month per household to $5.25 per month. This change resulted in a
savings of $40,800 00.
This administrative report appropriates the amount needed to purchase the 3,250 blue carts for the
automated curbside service for those homes serviced by MRC contractors. The cost for the additional
carts is $129,800. However, due to the $40,800 savings in hauling cost, only $89,000 is necessary for an
appropriation. The cost of this equipment is to be covered by revenue from the voluntary curbside
recycling program, Nith no net effect on the Refuse Enterprise Fund and refuse rates.
October 3, 2003, 11.58AM
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NG DATE: October 22, 2003
TO
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Donra L. Kunz, Economic Development Director
October 13, 2003
Purchase of Real Property Located at 712 Kentucky Street for the Old Town-Kern Mixed
Use Project:
1) Appropriate $120.000 fund balance to the Old Town Kern, Capital Improvement Budget.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Economic and Community Development Department is working in conjunction with state, federal and
local interests on the revitalization of historic Old Town Kern. The Old Town Mixed Use Project includes
the development of 40,000 square feet of retail, rehabilitation of 30,000 square feet of existing retail
spaces and the construction of 50 units of senior housing. The development of the senior housing portion
of the Droject requires the purchase and removal of an older commercial building. The purchase price is a
product of negotiations based on an appraisal prepared by Michael Burger, M.A.I of Michael Burger &
Associates.
On October 7 2002, the Agency approved the Replacement Housing and Relocation Plans outlining how
the Agency will relocate, rehabilitate, develop or construct, for rental or sale to persons of low and
moderate income The purchase of these properties is consistent with the Redevelopment Agency and
City Council goals of Urban Renewal through development and removal of blight.
A Pnase I Environmental Site Assessment was prepared by the City's Environmental Services Director
Aisc, ;:n November 21 2002, the Planning Commission found the acquisition of this property consistent
with the Metropolitan Bakersfield 2010 General Plan.
The Bakersfield Redevelopment Agency approved the purchase agreement at the October 13, 2003
meeting.
S. Adroins City C0UndR71~ kecuCky d,,
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ADMINISTRATIVE REPORT
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MEETING DATE: October 22, 2003 I AGENDA SECTION: Consent Calendar
ITEM: R. nn
TO
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
October 13, 2003
Accept donation of medical equipment (approximately $2,600) from Liberty Ambulance
~APPROVEEDD
DEPARTMENT HEAD F7/I~t,7L_
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Kerr, County EMS Department authorized the Bakersfield Fire Dept firefighter/paramedics that are
hazardous material specialists to provide treatment of firefighters and victims within a hazardous material
area. The authorization stipulated the need for specialized equipment. Part of the specialized equipment
needed is being donated by Peter Brandon, C.E.O. of Liberty Ambulance. The equipment is: 2 VHF
portable radios, a scoop stretcher and 2 backboards.
October 14, 2003, 9:32AM
S:~Admin Rpts\2003\Fire-Liberty donation-102203.doc
ADMINISTRATIVE REPORT
(1)
MEETING DATE: October 22, 2003 AGENDA SECTION: Hearings
ITEM- q
TO: Honorable Mayor and City Council
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD
DATE October 15, 2003 CITY ATTORNEY
CITY MANAGER f
SUBJECT: Reopen and continue public hearing to Council meeting of November 5, 2003 to receive
testimony 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 buffer zone for the Old Bakersfield Sanitary Landfill. (Code of Civil Procedure section
1245 230, et seq.) (Ward 3)
RECOMMENDATION:
Staff recommends the public hearing be continued to the City Council meeting of November 5, 2003.
BACKGROUND
The public hearing of this item was opened for consideration by the City Council on September 24,
2003. On motion of Council Member Maggard, the public hearing was closed and continued to
October 8, 2003 The hearing was reopened on October 81h and continued to this date. The hearing is
to be reopened and continued to November 5, 2003 in order to give staff and the property owners
sufficient opportunity to negotiate a property transfer which will meet the City's need for a landfill buffer
zone without resort to condemnation.
8J-NGA:Isc
Attachment
October 15, 2003, 8:27AM
S: \COUNCIL\Admins\Landf IlBuffer. EPICLLC2.doc
ADMINISTRATIVE REPORT
[UEETING DATE: October 22, 2003 AGENDA SECTION: Hearings
- ITEM: q b
TO
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
October 9, 2003
Supplemental Law Enforcement Services Funding (SLESF) in the amount of $397,434.
1. Public Hearing to consider SLESF proposed expenditures per Government Code 30061
(Law Enforcement Services).
2. Appropriate $307,434 to the SLESF Police Department Operating Budget and
appropriate/transfer $90,000 to the Equipment Management Fund
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval of the proposed expenditures and appropriations therefore.
BACKGROUND:
As a result of continued Supplemental Law Enforcement Services Funding, the City of Bakersfield is due
to receive $397,434 in funding. Before receiving the monies, the City must conduct a public hearing to
determine how the funds shall be spent. As before, the State has placed restrictions on the use of the
money, in that, it is to be used to supplement and not supplant the existing budget.
Therefore, the Police Department is requesting the funds be used for the following:
1 Consultant (Attorney) for force and policy issues. S 45,000.00
2. To develop a strategic plan to proactively address changes in policy,
procedures. personnel, and City issues affecting the Police Department. $ 45,000.00
3. A Mobil command Unit, balance of needed funding will be provided by the
Local Law Enforcement Block Grant (2003/05). $197,434.00
4. Two vehicles and equipment for the Bomb Unit ($55K + $20K) $ 75,000.00
5. Wireless LAN server and network. $ 35,000.00
October 15, 2003, 1.32PM
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LIFO
MEETING DATE: October 22, 2003 AGENDA SECTION: Hearings
ITEM: Q. C
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
October 10, 2003
Bureau of Justice Assistance (BJA) Local Law Enforcement Block (LLEBG) Grant Funds in
the amount of $134.276.
1. Public Hearing to consider proposed LLEBG expenditures.
2. Appropriate $134,276 LLEBG to the General Fund Police Department Operating Budget.
APPROVED
DEPARTMENT HEA
CITY ATTORNE
CITY MANAGER
RECOMMENDATION:
Staff recommends approval of the proposed expenditures and appropriations therefore.
BACKGROUND:
In August 2003, the Bakersfield Police Department was awarded a $134,276 Local Law Enforcement
Block Grant from the Bureau of Justice Assistance (BJA). The purpose is to provide local units of
government with funds to underwrite projects to reduce crime and improve public safety. The Police
Department desires to use $100,000 to research and purchase an early warning system program
designed as a risk management tool, for police administration; and $49,196 to provide additional funding
for purchase of a Mobile Command Unit. The BJA provides 90% of the cost ($134,276) and the City
(recipient) is required to provide the additional cost (14,920) for a total of $149,196. The grant requires the
funds to be expended by September 30, 2005.
Prior to expending funds from the BJA Grant, the Police Department must comply with a number of grant
conditions including the requirement that at least one public hearing be held on the proposed use of the
Local Law enforcement Block Grant Funds in relation to the department's overall budget. At the hearing,
persons shall be given the opportunity to provide written and oral views to the Council about the entire
budget and the relation of the grant to the entire budget. The special condition states that the public
hearing shall be held at a time and place that allows and encourages public attendance and participation.
October 15, 2003' 1 31 PM
C:1Documents and SettingsVuribelocal Settings\TempV,dmin-BlockGrantPD.doc
(1) ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2003 AGENDA SECTION: Hearings
ITEM: ~ , a,.
TO: Honorable Mayor and City Council
FROM, Raul M. Rojas, Public Works Director
DATE: October 15, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider upholding the decision of the Planning Commission approving
the Negative Declaration and Tentative Parcel Map 11010, located on the north side of
Hageman Road, between Landco Drive and Knusen Drive, and denying the appeal by
McIntosh and Associates. (Ward 4)
RECOMMENDATION: Staff recommends adopt resolution upholding the Planning Commission's decision
approving the Negative Declaration and Tentative Parcel Map 11010 and denying the appeal.
BACKGROUND:
On September 4, 2003, the Planning Commission adopted Resolution No. 127-03, conditionally approving
Tentative Parcel Map 11010 proposed by Porter-Robertson Engineering, representing Carter Investments,
Inc., the property owner. Parcel Map 11010 is located on the north side of Hageman Road, between
Landco Drive and Knudsen Drive. It consists of 6 parcels on 14.49 acres for purposes of commercial
development, zoned C-2 (Regional Commercial) zone. The Initial Study is attached as background
material.
Currently, Hageman Road is constructed with full width improvements along the South frontage of the
parcel map and Knudsen Drive is constructed with full width improvements along the entire West frontage
of the tentative parcel map. This parcel map is on the former site of the North of the River Sewer District
plant The plant itself has since been demolished and the property now stands ready for re-development.
McIntosh and Associates, on behalf of Olive-Landco Associates and M.I.G. LLC, filed a letter of appeal
(see attached) to the Planning Commission's approval of Parcel Map 11010. Olive-Landco Associates
and M.I.G. LLC are property owners of land east and northeast of Parcel Map 11010.
it should be noted that Olive-Landco Associates and M.I.G. LLC are obligated to construct Landco Drive
along their frontage when the property develops. It should also be noted that the basis of their appeal
involves having Carter Investments pay for that obligation. At issue is not only the construction of Landco
Drive along the frontage of Olive-Landco Associates and M.I.G. LLC, properties, but also how Landco
Drive connects to Olive drive. In its current configuration, Landco Drive is directly opposite the
southbound S.R. 99 off ramp. Caltrans will not allow a roadway to be located directly opposite a freeway
off ramp. In addition, Landco Drive is physically located too close to Knudsen Drive which causes traffic
operations at the freeway interchange to fail. Under all scenarios to improve the Olive Drive at S.R. 99
October 15. 2003, 2:01 PM
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interchange, the Landco Drive connection must be eliminated and the Knudsen Drive intersection
augmented.
Tentative Parcel Map 11010 is contained within the large North of the River Sanitation District annexation.
The Developer, Kyle Carter, has performed remarkably by constructing full width improvement of
Hageman Road, Knudsen Drive and major portions of Mohawk Street and Krebs Road. These road
improvements have been the linchpin for future major roadway projects including the Hageman Flyover
and Mohawk Street to Rosedale Highway connection. Because of his efforts, much of the needed
transportation infrastructure is now in place. As such, its appears unjustified that Olive-Landco Associates
and M.I.G. LLC, which has their property located in the unincorporated portion of Metropolitan Bakersfield,
should make this appeal.
In summary, the letter raises the following concerns.
f Recommendations related to traffic improvements from previously approved General Plan
Amendment/Zone Change #99-0482, have not been satisfied.
2 Questions why Condition # 10 is included when phasing is not requested.
3 Requests the subdivider provide two lanes on Landco Drive from the parcel map to Olive Dr.
4 There is no definitive time as to when improvements along the Landco Drive frontage of the
parcel map are required to be constructed since phasing was not requested (See Condition
#13).
5 What is the cross section standard for a four lane arterial street required in Condition # 20?
Suggests the alignment of Landco Drive as shown on the parcel map is inconsistent with the
County of Kern's adopted Specific Plan Alignment, and the Circulation Element of the Metropolitan
Bakersfield General Plan.
The appellant has interest in property to the East and North of the subject tentative parcel map. The major
thrust of the appeal has to do with the disposition of Landco Drive and how it connects with Olive Drive to
the North.
This area is within a portion of metropolitan Bakersfield that requires significant major roadway
improvements. It has been identified that construction of the "Hageman Flyover" which will connect to SR
204 (Golden State Avenue) together with improvements to the Olive Drive at SR 99 interchange will fully
mitigate traffic concerns in the area. The Hageman Flyover project has its initial planning document nearly
complete. The Olive Drive at 99 interchange project was recently initiated and should have its initial
planning document complete within the next twelve months.
Staff's response to the five appealed issues is as follows:
#1 "Supplemental Traffic Analysis"
Both major projects involving Hageman Road and the Olive Drive interchange include substantial traffic
analysis. In fact, the traffic analysis is complete for the Hageman Flyover project which clearly
demonstrates a significant benefit in traffic congestion for Olive Drive and the surrounding area with
construction of the project. Also, preliminary traffic analyses of the Olive Drive at 99 interchange indicate
nearly insurmountable problems with the current configuration of the Landco Drive/Knudsen Drive couplet.
This has led to the conclusion that Landco will not be allowed to connect to Olive Drive. This will be
further described in a subsequent part of this staff report. Therefore, the issue of supplemental traffic
October 15, 2003, 2:01PM
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analysis has been accomplished to the satisfaction of the City in accordance with the requirements
identified by the appellant.
#2 "Phasing of the Map"
The appellant indicated that the original map as submitted had no phasing contemplated. This fact is true.
However, nearly every map that is submitted and reviewed by the City of Bakersfield is modified in one
form or another during the course of establishing conditions of approval. Since full width improvements on
both Hageman Road and Knudsen Drive were already in place, phasing of the map was suggested by
staff in order to establish a connection to Olive Drive sooner. Phasing allows a portion of the Parcel Map
to be developed without an imbalance to the other parcels.
#3 "Requirement to provide two lanes of Knudsen Drive to Olive Drive"
The appellant has stated that it would be inappropriate to require the map to construct two lanes of
Knudsen Drive to Olive Drive since it is not recognized as a collector street in the General Plan. Rather,
the appellant wishes to have Landco Drive constructed to Olive Drive (which is adjacent to property of
which the appellant has an interest). As stated in #1 above, Landco Drive will not be allowed to connect to
Olive Drive in its current configuration. In addition, Knudsen Drive already has a traffic signal at Olive
Drive and connection to it would be superior from a health and safety standpoint regardless of street
classification. Caltrans has made it abundantly clear to the City of Bakersfield that the location of Landco
Drive as it currently exists opposite the south-bound ramp of 99 is no longer an acceptable standard.
Also, Landco Drive is less than 125 meters from Knudsen Drive which requires a Mandatory Design
Exception by Caltrans. These two issues together make it virtually impossible with the current
configuration of these two roads to be constructed. In fact, two alternate interchange configurations we
are currently contemplating involves full reconstruction of the south-bound ramps in either a tight diamond
configuration or a hook ramp configuration connecting them to Knudsen Drive. Each of these two
alternates preclude full access of a major street such as Landco Drive at its current location.
#4 "Phasing"
See #2 above.
#5 "Alignment of Landco Drive"
The appellant indicates that Landco Drive is not following its adopted alignment at the intersection of
Hageman Road. This is true. The specific plan alignment of Landco Drive was established more than
twenty years ago. This work was done prior to consideration of the Hageman Road Flyover. Hageman
Road was established in such a way as to efficiently connect to SR 204. This left the intersection
alignment with Landco Drive at an angle with too great a skew to meet our current standards. Since
Hageman Road is a major arterial and conveys a significantly greater amount of traffic than Landco Drive,
its position is superior to that of Landco Drive. In addition, the shifted alignment of Landco Drive is
relatively small and no right of way has yet been dedicated for it through previous mapping activities.
Therefore, re-configuration of Landco Drive at Hageman Road to create right angles as shown in the
subject tentative parcel map is not only prudent but appropriate.
During the public hearing before the Planning Commission, Roger McIntosh, McIntosh and Associates
spoke in opposition. Mr. McIntosh expressed the same concerns as stated in the letter of appeal as
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ADMINISTRATIVE REPORT
summarized above. Porter-Robertson (applicant) and Kyle Carter (property owner) spoke in favor of the
project. The applicant agreed to all the conditions as recommended by staff.
The project site is a portion of the Hageman No. 3 Annexation annexed to the City of Bakersfield in mid-
2000. Also, the project site is a portion of General Plan Amendment and concurrent Zone Change No. 99-
0482 for which the "Kyle Cater and the North of the River Sanitation District EIR (GPA/ZC #99-0482)" was
approve in August 2000. Applicable conditions of approval and mitigation measures from the GPA/ZC
have been included in attached Exhibit "I," conditions of approval of TPM 11010.
Conclusion.
Based on the above information, Staff recommends the Council uphold
decision to approve the parcel map with conditions and mitigation measures,
by the applicant, adopt the Negative Declaration, and to deny the appeal.
the Planning Commission's
which have been agreed to
October 15, 2003, 2:01 PM
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BaK
d9 ADMINISTRATIVE REPORT
`gGIFO . MEETING DATE: October 22, 2003 AGENDA SECTION: Hearing
ITEM: q ,
TO: Honorable Mayor and City Council
FROM: Development Services - Planning
DATE: October 2, 2003
P VED
DEPARTMENT HEAD
CITY ATTORNE
CITY MANAGER_,~
SUBJECT: Specific Parks and Trails Plan for Northeast Bakersfield and amendment to the Bikeway
Master Plan of the Circulation Element of the General Plan No. P03-0761. (Ward 3)
Resolution adopting the Specific Parks and Trails Plan for Northeast Bakersfield.
Resolution adopting amendment to the Circulation Element of the Metropolitan
Bakersfield General Plan - Bikeway Master Plan.
RECOMMENDATION:
Staff recommends adoption of resolution adopting the Negative Declaration and approving the
Specific Parks and Trails Plan for Northeast Bakersfield and the General Plan/Circulation
Element amendment as recommended by the Planning Commission.
BACKGROUND:
On September 18, 2003 the Planning Commission recommended approval of the Specific Parks
and Trails Plan and General Plan/Circulation Element Amendment.
The Specific Parks and Trails Plan for Northeast Bakersfield (THE PLAN) will provide a system
of parks and interconnecting trails for the public enjoyment of unique open space features and
recreational amenities in the area. The project area covers approximately 16 square miles
generally north of Highway 178 to Alfred Harrell Highway, from Fairfax Road to Rancheria
Road. THE PLAN includes a map, policies and standards for the development of parks, staging
areas and trails with which future development in the project area must be consistent. The
system of trails would link neighborhoods, parks, open space areas, natural amenities,
manmade amenities and the Kern River. Trails through open space areas would use existing
trail treads with no additional disturbance. As the area is developed, some trails would pass
adjacent to or through neighborhoods. Standards for trail design and construction are provided
in THE PLAN
THE PLAN provides park credit of i/2 acre per 1,000 population for projects where trail
dedications are provided. This will result in a park requirement for residential projects of 2 acres
ADMINISTRATIVE REPORT
Page 2
per 1,000 population instead of the typical 2.5 acres of park land/in lieu fees per 1,000
population. Full credit is given for staging areas.
THE PLAN includes 14 neighborhood parks, five staging areas, one community park, 36 miles
of trails for pedestrians, hikers, equestrians and mountain bikers, and 30 miles of designated
bike routes on paved streets. Nine connections to the Kern River Corridor and river trails are
provided. THE PLAN utilizes government land such as landfill buffer areas, habitat preserve
areas, BLM land and California Water Service land for the benefit of open space, trails and
parks. Parks and trails are strategically located to capture views and resources unique to the
northeast
THE PLAN has been out for public review and comment since May 5, 2003. Public workshops
were conducted in May with follow-up meetings with many property owners and interest groups.
Staff met with interested members of the BIA and provided copies of THE PLAN for their
distribution.
At the Planning Commission meeting, four property owners spoke in opposition to THE PLAN
and requested postponement indicating they had not been provided adequate input. These
property owners attended the May workshop and were represented by General Holdings, Inc.
during the review process. Staff met with General Holdings and reviewed and discussed THE
PLAN with them as it related to their conceptual development plans on several occasions.
Although there is disagreement on some aspects of THE PLAN (i.e. trail and park locations
which impact a proposed gated development), the process has been accessible to all parties
with ample time for input. Twelve individuals representing themselves or groups spoke in favor
of THE PLAN.
The Circulation Element Amendment to the Bikeway Master Plan adds approximately 3 miles of
bike route designations to future roadways in the northeast and makes map corrections on
about 3%z miles.
A proposed Negative Declaration was advertised and posted on July 22, 2003. The Initial Study
was circulated through the State Clearinghouse for a 30 day review period as required by the
California Environmental Quality Act (CEQA) that ended August 18, 2003. The Initial Study
includes a biological impact analysis prepared by BonTerra Consulting which investigated the
potential impact the project could have on species of concern and their habitat. In addition to
their review of THE PLAN as a trustee agency under CEQA, staff has met with California
Department of Fish and Game (CDFG) representatives on three separate occasions to review
and discuss THE PLAN and any concerns CDFG may have.
Staff is recommending approval of the Negative Declaration for the adoption of THE PLAN and
the Circulation Element Amendment.
JM:dl
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