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HomeMy WebLinkAbout01/12/2000 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 12, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (20 min) (15 min) WORKSHOP a. Kern County Economic Development Strategy (Natelson Report)(Economic Development Director Jake Wager) b. Kern Country Metropolitan Recreation Center Master Plan (Kern County Director of Policy Analysis Adel Klein) CLOSED SESSION Conference with Legal Counsel - Potential Litigation Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9; One potential case. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Ruby Rodriguez vs. City of Bakersfield, et al.; Kern County Superior Court Case No. 238531 SPC. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding 1426 P Street, Bakersfield California, 93301; Negotiating parties: Finance Director Gregory Klimko, Senior Real Property Agent Don Anderson and Gerald D. Lucas and Janice H. Lucas (co-trustees, The Lucas Family Trust); Under Negotiation: Price and terms of payment for purchase. REGULAR MEETING 2. 3. 4. INVOCATION by Dr. Fred Cottriel, First Assembly of God Church PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION ACTION 5. PRESENTATIONS (Ward 4) PUBLIC STATEMENTS APPOINTMENTS CONSENT CALENDAR Minutes: a. December 15, 1999 Council Meeting, Payments: Payments from December 4, to December 23, 1999 in the amount of $8,331,855.38; and Self Insurance payments from December 4, to December 23, 1999 in the amount of $67,655.80. Resolutions: Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California - Finance Department. Resolution adopting the investment policy of the City of Bakersfield. Assessment District No. 99-2 (Seven Oaks West): 1. Resolution accepting petition and determining to undertake assessment proceedings. 2. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. 3. Agreement with Cox, Castle & Nichotson, Disclosure Counsel, for legal services. 4. Agreement with Wilson & Associates for assessment engineering purposes. Amendment No. 1 to Resolution No. 101-99 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 1999-00 to incorporate previous budget actions approved by the City Council. Amendment No. 2 to Resolution No. 66-99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. 1. Revised Job Specifications: Community Service Specialist to Community Relations Specialist. -2- 8. CONSENT CALENDAR continued (Ward 3) (Ward 1 ) (Ward 3) (Ward 4) (Ward 2) (Ward 5) Agreements: Final Map and ImprovementAgreement with La Hacienda Inc. for Tract 5923, Phase One, located east of Kern Canyon Road, south of Chase Avenue. Agreement for installation or allocation of Special Facilities for Parallel Operation of Nonutility - Owned Generation and/or Electrical Standby Service, $54,671.84, with Pacific Gas and Electric Company for Wastewater Treatment Plant No. 2. j. Disney Keys to Management Excellence Training Seminar: Agreement with the Disney Institute to conduct "The Disney Keys to Management Excellence" training seminar on April 11, 2000 and to share anticipated registration fees, not to exceed $50,700. Agreement with Holiday Inn Select for room rental and refreshments for "The Disney Keys to Management Excellence" training seminar, not to exceed $16,650. Appropriate $88,500 revenue/expenses for training to Recreation and Parks Operating Budget within the General Fund. Agreement with Paul T. Coombs & Sons to lease 160 acres located at Sunset Blvd. and Fair[ax Road, $20,000 annually, for farming operations. Agreement with Thyssen Dover Elevator for three year maintenance contract for all elevators at City owned facilities, not to exceed $70,000, over a three year term. License Agreement with Kern County Water Agency for constructing and maintaining four recovery well turn-in structures and pipelines to the Kern River Canal and crossing of domestic water inter[ace line located approximately 2.5 miles west of Buena Vista Road. Agreement with the North of the River Sanitary District No. 1 for Sewer Service Boundaries. Amendment No. 1 to Agreement No. 97-274 and Second Deed of Trust with Bakersfield Art Foundation for the Bakersfield Museum of Art, property located at Central Park. Amendment No. I to Agreement No. 99-226 with the Kern High School District for mutual use of facilities. Appropriation of $10,000 Contribution from Kern High School District and Transfer of $10,000 from Council Contingency Fund to Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund, for the purchase of a swimming pool heater at Jastro Park. -3- (Ward 4) (Ward 3) (Ward 1) (Ward 4) (Ward 1) CONSENT CALENDAR continued q. Amendment No. 3 to Agreement No. 97-45 with Normal Development for landscaping improvements. r. Contract Change Order No. 1 to Agreement No. 99-302 with Griffith Company, $12,310 for the Mohawk Sewer, Phase 1 Project, for accelerating the project completion date. Bids: s. Fairfax Road Storm Drain Repair: 1. Award Contract to HPS, $57,059 for Fair[ax Road storm drain repair 2. Appropriate $75,000 Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. Award Contract to Parkson Corporation, $83,558 for washer/compactor equipment for Wastewater Treatment Plant 2 influent screenings. u. Reject bids for Truck Mounted Paint Striping Machine. Miscellaneous: Dedication of Property: 1. Grant Deed from Fruitvale Properties, LLC to the City of Bakersfield for a lift station site located at the northeast corner of Calloway Drive and Olive Drive. 2. Grant of Easement from Kern River Public Access Committee to the City of Bakersfield for construction of a sewer line located approximately 1/4 mile east of Coffee Road and 1/4 mile north of the Cross Valley Canal. Sale of two used police sedans to North Bakersfield Recreation and Park District for $5,000. Acceptance of the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended June 30, 1999. Staff recommends adoption of Consent Calendar Items a. through x. HEARINGS a. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. Staff recommends adoption of resolution. -4- (Wards 1,2,4 5,7) (Ward 3) HEARINGS continued Resolution confirming 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. Staff recommends adoption of resolution. Resolution ordering the vacation of excess road right-of-way on the east side of Oswell Street, south of Freeway 178. Staff recommends adoption of resolution. 10. REPORTS 11. (Ward 4) (Ward 4) (Ward 5) (Ward 4) DEFERRED BUSINESS Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 404 to Ward 4, located at the southwest corner of Brimhall Road and Calloway Drive. (First reading 12/15/g9) Staff recommends adoption of ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-14 by changing the zoning on 8.89 acres from Light Manufacturing to General Manufacturing for property at 4800 Stine Road, located along the east side of Stine Road, north of Pacheco Road and along the north side of the Union Pacific Railroad right-of-way. (ZC P99-0623) (First reading 12/15/99) Staff recommends adoption of ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-26 by changing the zoning of approximately 31 acres, located at the south side of 24th Street, west of Oak Street from One Family Dwelling to Open Space. (ZC P99-0664) (First reading 12/15/99) Staff recommends adoption of ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-08 and 123-17 from Limited Multiple Family Residential to Limited Multiple Family Dwelling - Church on three acres, for property located at the northwest corner of White Lane and Park View Drive. (ZC P99-0692) (First reading 12/15/99) Staff recommends adoption of ordinance. -5- 11. DEFERRED BUSINESS continued Ordinance adding Chapter 1.50 to the Bakersfield Municipal Code regarding Expedited Judicial Review of Bakersfield Municipal Code Provisions affecting rights protected by the First Amendment to the United States Constitution. (First reading 12/15/99) Staff recommends adoption of ordinance. 12. (Ward 3) NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 104-11 and 104-14 by changing the zoning from a Planned Unit Development zone to a One Family Dwelling zone on 4.6 acres located on the south side of State Route 178, approximately 300 feet east of Miramonte Drive. (P99-0743) Staff recommends first reading of ordinance. Ordinance adding Sections 10.32.150 and 10.32.160 to the Bakersfield Municipal Code and amending Section 10.56.080 by deleting Subsection 10.56.080(E), all relating to parking of vehicles for purposes of sale and parking vehicles on unpaved surfaces. Staff recommends first reading of ordinance. Ordinance adding Chapter 1.17 to the Bakersfield Municipal Code relating to use of mail ballot elections under Proposition 218. Staff recommends first reading of ordinance. 13. COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:~CouncII~AGENDA\JAN 1200.wpd Januacy 6. 2000 (9:44arn) -6- B A K E R S F I E L D TO: FROM: THROUGH: SUBJECT: MEMORANDUM JANUARY 7, 2000 HONORABLE MAYORANDCITYCOUNCIL JOHN W. STIN$O~5~-~SISTANTClTYMANAGER ALANTANDY, CITY MANAGER AGENDA HIGHLIGHTS - JANUARY 12, 2000, COUNCIL MEETING PRE-MEETING There are two workshops scheduled. The first is a report on the Kern County Economic Development Strategy (Natelson Report) by Economic Development Director Jake Wager, and the second is a presentation on the Kern Country Metropolitan Recreation Center Master Plan by Kern County Director of Policy Analysis Adei Klein. There are three closed sessions items. The first involves potential litigation, the second is existing litigation involving Ruby Roddguez, and the third is a conference with the Real Property Negotiator regarding property acquisition at 1426 P Street. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and paper for the Finance Department. This resolution authorizes the Finance Department to destroy obsolete records and reports that are more than five years old and have been approved for destruction by the City Attorney's office. Item 8d. Resolution adoptinq the Investment Policy of the City of Bakersfield. This resolution places the City in conformance with the California Government Code that requires staff to annually render to the legislative body a statement of investment policy. This policy was discussed at the Budget and Finance Committee meeting on December 20, 1999. The Committee recommends adoption of the Investment Policy Resolution. Item 8e. Assessment District No. 99-2 (Seven Oaks West~. This proposed assessment district combines two distinct subareas, Seven Oaks - Section 12 and Tevis Ranch. The combining of these areas into a single assessment district is to reduce the total cost of legal proceedings and bond financing, passing the savings on to the property owners. Once the resolution and agreements are adopted, the next step is to prepare a Resolution of Intention and for the assessment engineer to prepare a boundary map for the proposed district. HONORABLE MAYOR AND CITY COUNCIL January 7, 2000 Page -2- Item 8f. Amendment No. 1 to Resolution No. 101-99 aDorovin(3 and adootino the City of Bakersfield ODeratino and Capital Improvement Budgets for Fiscal Year 1999-00 to incorporate previous budget actions approved by the City Council. Since the budget was adopted on June 30, 1999, the Council has taken actions to transfer and/or appropriate funds for specific services and as a result the respective budgets must be amended to reflect these changes for the first six months of the fiscal year. This is essentially a cleanup item to reflect previous actions taken by the City Council. Item 8o. Amendment No. 2 to Resolution No. 66-99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adoptinq salary schedule and related benefits. The General Services Division of the Public Works Department has requested that the Community Service Specialist classification currently used in the Police Department be adopted for use in the Miscellaneous Departments. The revised and updated specification was approved by the Miscellaneous Civil Service Board and the Police Civil Service Board. There is no budgetary impact because the salary will remain the same. S. EI.U. concurs with the proposed recommendation. Agreements: Item 8i. Agreement for installation or allocation of Special Facilities for Parallel Operation of Nonutilitv-Owned Generation and/or Electrical Standby Service with Pacific Gas and Electric, Company for wastewater Treatment Plant No. 2 in the amount of $54,671.84. This proposed agreement provides for PG&E's conditional consent and approval of the installation and connection of the new co-generation system at Wastewater Treatment Plant No. 2. The City must pay PG&E's cost to install protective and limiting devices on their facilities. The City has previously paid $13,968.16 for modifications and the net remaining cost is $54,671.84. Sufficient funds are available in Plant No. 2's upgrade/expansion budget. Item 8i. Disney Keys to Manaqement Excellence Traininq Seminar. The City has a unique opportunity to co-sponsor a customer service training event conducted by the Disney Institute of Walt Disney World, Florida. The program will be open to the public and can accommodate up to 300 participants and will be held at the Holiday Inn Select on April 11, 2000. The agreement provides for the responsibilities of the City and the Disney Institute for putting on the program and provides for a split of revenues between the City and the Disney Institute. This item includes an agreement with the Disney Institute to share anticipated registration fees in an amount not to exceed $50,700, an agreement with Holiday Inn Select for room rental and refreshments for the seminar in an amount not to exceed $16,650, and an appropriation of $88,500 in revenue/expenses for training to Recreation and Parks operating budget within the General Fund. Depending on the program registration, the remaining balance of revenue over expenses is proposed to be used to establish a mobile recreation program that wilt be held in City Parks. This amount could be as high as $18,150 if the maximum amount of participants attend. In the event the program is canceled, the only expense to the department will be that of postage and mailing for the seminar brochures. This expense is estimated at $3,000. Item 8k. Agreement with Paul T. Coombs & Sons to lease 160 acres of property located at Sunset Blvd. and Fairfax Road for $20.000 annualty for farmin(~ operations. As a condition of the State loan for the expansion of Wastewater Treatment Plant No. 2, the City is required to acquire an additional 960 acres to accommodate future expansion of effluent spreading operations. The City acquired 160 acres for spreading purposes; however, the land is not presently needed for the effluent farming HONORABLE MAYOR AND CITY COUNCIL January 7,2000 Page-3- operations and not projected to be needed for three to five years at current expansion rates. Paul T. Coombs & Sons has offered to lease the land for fresh water farming operations for the next three years and on a year-to-year basis thereafter subject to City approval. The rent will be $125 per acre for a total yeady rental of $20,000. These rents are consistent with other leases in the area for similar ground and farming operations. Item 81. Aoreement with Thyssen Dover Elevator for maintenance contract for all elevators at City- owned facilities, not to exceed $70,000 over a three-year term. Staff sent out Requests for Proposals for maintenance of all elevators at City-owned facilities. Three contractors submitted proposals. Staff is recommending that the City enter into an agreement with Thyssen Dover Elevator for an amount not to exceed $70,000 over a three-year term. Item 8m. License Aqreement with Kem County Water Agency for constructinq and maintaininq four recovery well turn-in structures and pipelines to the Kern River Canal and crossing of domestic water interface line located approximately 2.5 miles west of Buena Vista Road. This agreement enables the Kern County Water Agency to construct and maintain four recovery well turn-in structures and pipelines in order to transport groundwater from their banking projects to the City's Kern River Canal. The Kern County Water Agency will construct, operate and maintain the four turn-ins and will pay all costs to design, build and maintain the pipeline crossing, which can only be used for groundwater recovery operations. Item 8n: Aoreement with the North of the River Sanitary Distdct No. t for sewer service boundaries. The City and the North of the River Sanitary District No. I have been meeting over the past several months to discuss service boundaries. This agreement reflects the current standing of these boundaries and the City Service Area is the same as the boundary agreed to in the revised CSA-71 Agreement, which was approved in October by the City Council. Any area outside that boundary which annexes to NOR shall be served by NOR. Item 8o. Amendment No. 1 to Agreement No. 97-274 and Second Deed of Trust with Bakersfield Art Foundation for the Bakersfield Museum of Art property located at Central Park. The City currently has an agreement with the Bakersfield Museum of Art to donate property and the building at Central Park for the Museum. The current agreement includes a clause reverting the property to the City in the event it ever ceases to function as a museum. In appears the existence of the reverter clause has hindered the Museum's ability to get a loan for expansion, which they plan to do in 2000. As a result of discussions at the Budget and Finance Committee, staff was directed to work with Museum representatives to develop a mechanism to replace the existing reverter clause including acceptable language to an agreement, which would allow the Museum to obtain financing. Discussions with the Museum representatives have resulted in a modified agreement that eliminates the reverter clause and replaces it with a first right of refusal and a second deed of trust. The agreement would ensure the museum property is properly maintained and has sufficient fire insurance and the City would have the option to purchase the Museum property if: a) the property ever ceased to operate as a museum, b) the Foundation desired to sell the property, or c) the Foundation defaulted on their loan and the City could come in and pay the deficiency. In either of the purchase scenarios the City would have an option to purchase the property, but could also choose to not exercise its right of purchase. The purchase price is to be determined by an appraiser agreed upon by the City and the Museum. The Budget and Finance Committee has approved the amended agreement and second deed of trust and recommends approval by the City Council. HONORABLE MAYOR AND CITY COUNCIL January 7,2000 Page-4- Item 8p. Amendment No. 1 to Aqreement No. 99-226 with the Kern High School Distdct for mutual use of facilities. The City has an existing agreement with the Kern High School Distdct for mutual use of facilities without payment being exchanged by the City or the District. The District currently uses Jefferson and Silver Creek pools which are heated to accommodate swim teams. The District is agreeable to purchasing a heater for the Jastro Pool in an amount not to exceed $20,000 in order to make that facility suitable for swim teams as well. The cost of purchasing and installing the equipment will be reimbursed to the City during the current and next fiscal year. $10,000 is to be reimbursed after installation and the balance is to be reimbursed after July 1, 2000. Recreation and Parks will pay the ongoing cost for maintenance and utilities. Staff is recommending the appropriation of $10,000 contribution from Kern High School District and the transfer of $10,000 from Council Contingency to the Recreation and Parks Capital Improvement budget within the Capital Outlay Fund to be used for the purchase of the swimming pool heater at Jastro Park. Item Sq. Amendment No. 3 to Aqreement No. 97-45 with Normal Development for landscaping improvements. The City currently has an agreement with Normal Development to construct the City's portion of landscaping improvements along Coffee Road which is adjacent to the developer's required landscaping improvements along the Friant-Kem Canal at the development site (southeast corner of Rosedale Highway and Coffee Road) entrance off Coffee Road. This amendment will allow payment to Normal Development upon actual completion of the landscaping improvements. Under a previous agreement, payment would be delayed until Notice of Completion was filed, which occurs one year after the completion of landscaping improvements. This agreement only modifies the timing of the payment to Normal Development. Item 8r. Contract Change Order No. 1 to Agreement No. 99-302 with Griffith Company, $12,310 for the Mohawk Sewer, Phase I Proiect for acceleratinq the project completion date. Due to a change in the time when work could occur within the Friant-Kern Canal from January 28 to January 15, this change order is for the additional expense the contractor, Griffith Company, is incurring due to this accelerated schedule. Sufficient funds are available within this project's budget for this change order. Bids: Item 8s. Fairfax Road Storm Drain Repair. VVhile making routine inspections, Streets Division personnel discovered the storm drain in Fair[ax Road had deteriorated to a point where immediate repairs were required. This project will patch the pipe using concrete grout. Staff will monitor the pipeline for additional problems and more extensive repairs (such as lining) or even replacement of this pipeline may be required in the future if deterioration continues. After the bids for the project were opened, the City Attorney's office received correspondence through a City Councilmember that the Iow bidder, HPS Plumbing Services, Inc., had recently had a number of complaints regarding prevailing wage and employee subsistence issues. The City Attorney's office reviewed the correspondence and then staff met with HPS personnel to discuss the issues. HPS staff indicated that these complaints were limited to subsistence pay issues for some out-of-the-area projects and for submission of correct forms to the Division of Apprenticeship Standards for some local projects. They indicated they had not had any issues on past City of Bakersfield projects, they had never paid any fines on City of Bakersfield or Kern County projects and they have had few complaints based on the number and dollar amount of the projects they are involved with on an annual basis. Based on staffs review of the correspondence and meeting with the contractor, staff HONORABLE MAYOR AND CITY COUNCIL January 7, 2000 Page -5- believes the evidence submitted is not adequate to find the contractor as either non-responsive or non-responsible, and thus recommends award of the contract to HPS Plumbing Services, Inc. Contractors on major City projects are required to submit payroll documents that list the job classifications and pay rates for all employees working on the project. Public Works will closely monitor this project for verification of wage rates. Since this project was an unforeseen event, staff is recommending the appropriation of $75,000 fund balance in the Capital Improvement budget within the Sewer Enterprise Fund. The additional amount appropriated above the bid amount of $57,059 is required to cover staff engineering and inspection services for the design and construction of the project and to cover possible contract change orders. Item 8t. Bid award for washer/compactor equipment for Wastewater Treatment Plant 2 influent screenings to Parkson Corporation in the amount of $83,558. Staff received one acceptable bid and is recommending award to Parkson Corporation. Item 8u. Reiect bids for Truck Mounted Paint Striping Machine Three bids were received by staff; however, none meet the minimum specifications as required. Staff recommends rejection of bids and will review the specifications and consider revisions. Miscellaneous: Item 8v. Dedication of Property. This Grand Deed grants to the City a 29,670 square-foot parcel of land located at the northeast comer of Olive Ddve and Calloway Drive. A lift station which serves the property located north of Olive Ddve and west of Calloway Drive will occupy the site. The grant of easement provides a 100 foot-wide temporary construction easement and a permanent 30 foot- wide easement for the Mohawk Trunk Sewer. Item 8w. Sale of two used police sedans to North Bakersfield Recreation and Park District for $5.000. The City has received a request from North Bakersfield Recreation and Park District to purchase two used police vehicles. The sale of surplus equipment to other governmental or nonprofit agencies is a process provided for in the Municipal Code. Staff recommends that two used police patrol vehicles be sold to North Bakersfield Recreation and Park District for $5,000. Item 8x. Acceptance of the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended June 30, 1999. In compliance with Municipal Code, the Finance Director has prepared the City of Bakersfield's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 1999. Certificates of Achievements for Excellence in Financial Reporting issued by the Government Finance Officers Association and Award of Outstanding Financial Reporting issued by the California Society of Municipal Finance Officers have been awarded to Bakersfield consistently over the last 20 years. A pdmary requirement of these award programs is an "unqualified opinion" by the independent auditor. We have submitted the current report to the award programs and anticipate receiving the certificates for our consistent high-quality financial reporting. This item was submitted to the Council at its December 15th meeting and referred to the Budget and Finance Committee. The Committee has met and recommends acceptance of the report. Also included with the administrative report is a letter from City Manager Alan Tandy which clarifies the issue regarding governmental accounting standards utilized by the City and private sector accounting standards used by Ogden Entertainment. HONORABLE MAYOR AND CITY COUNCIL Janua~ 7,2000 Page-6- HEARINGS Item 9c. Resolution ordednq the vacation of excess road right-of-way on the east side of Oswell Street. south of Freeway 178. Dinova Partners II has requested the vacation of a 20 foot-wide portion of excess road right-of-way to allow more efficient use of their site on Oswell at East Hills Village Shopping Center. Property owners have been notified of the proposed vacation and no objections have been received as of this date. DEFERRED BUSINESS Item 11a. Ordinance amending the Bakersfield Municipal Code by adding Annexation No. 404 to Ward 4, located at the southwest comer of Bdmhall Road and Calloway Drive. This ordinance was given first reading on December 15, 1999. Staff has received no additional comments and recommends adoption of the ordinance. Item 1 lb. Ordinance changing the zonino on 8.89 acres from M-1 (Light Manufacturinq) to M-? (General Manufacturinq) for property located at 4800 Stine Road. City Council conducted first reading of the ordinance on December 15, 1999. Staff has received no additional comments and recommends adoption of the ordinance. Item 11c. Ordinance chanqinq the zoning of approximately 31 acres located at the south side of 24TM Street, west of Oak Street from One Family Dwellino to Open Space. City Council had first reading of the ordinance on December 15, 1999. Staff has received no additional comments and recommends adoption of the ordinance. Item 11d. Ordinance amendinq the Municipal Code and Zoninq Map Nos. 123-08 and 123-17 from R-3 (Limited Multiple Family Residential) to R-3-CH (Limited Multiple Family Dwellinq- Church) on three acres for orooertv oenerally located at the northwest corner of White Lane and Park View Ddve. Council conducted first reading of this ordinance on December 15, 1999. Staff has received no additional comments and recommends adoption of the ordinance. Item 1 le. Ordinance addinq Chapter 1.50 to the Bakersfield Municipal Code reqarding Expedited Judicial Review of Bakersfield Municipal Code Provisions affecting rights protected by the First Amendment to the United States Constitution. This ordinance received first reading at the December 15, 1999 City Council meeting. Staff has received no additional comments and recommends adoption of the ordinance. NEW BUSINESS Item 12a. Ordinance changing the zoning from a PUD {Planned Unit Development) zone to an R-1 (One Family Dwellino~ zone on 4.6 acres located on the south side of State Route 178, aooroximatefv 300 feet east of Miramonte Drive. Carlos Parrolivelli, the applicant, proposes to change the zoning from a PUD (Planned Unit Development) zone that would allow 28 small lot single family homes on the subject 4.6 acres to an R-1 (One Family Dwelling) zone for purposes of constructing his personal single family home. Because a PUD zone is approved with specific development plans for a specific project, the current PUD zoning must be changed to a zone district consistent with the applicant's proposal to construct one dwelling unit, and also be consistent with HONORABLE MAYOR AND CITY COUNCIL January 7, 2000 Page -7- the Metropolitan Bakersfield 2010 General Plan. The project site is depicted as Low Medium Density Residential on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. The proposed R-1 zoning is consistent with this designation. The Planning Commission has recommended adoption of the zone change to the City Council. Staff recommends first reading. Item 12b. Ordinance amendinq the Bakersfield Municipal Code relatinq to parking of vehicles for pumoses of sale and parking vehicles on unpaved surfaces. Concerns have been raised regarding the parking of vehicles on vacant lots and other private property for the primary purpose of selling the vehicles. Such sales are occurring on property in violation of City zoning and development standards. The Development Services Department in cooperation with the Police Department proposes amending the Code to allow City personnel to issue "Traffic Citations" to vehicle owners. Traffic citations carry a minimal fine, but serve as a deterrent to repeat violations. A 24-hour warning will be given before a citation is issued, unless the property is posted with signs, in which case a warning need not be given. Current City Code provisions address parking of vehicles on City streets for purposes of sale. However, those provisions need to be updated to meet current State Vehicle Code requirements. The proposed ordinance accomplishes this. The ordinance does not prohibit a property owner or tenant of private residential property from parking and selling any motor vehicle, trailer, camper, boat or other mobile equipment on a private residential property upon which the owner or tenant resides provided it is parked on a paved surface. The Urban Development Committee has reviewed the proposed ordinance and recommends its adoption. Item 12c. Ordinance relating to use of mail ballot elections under Proposition 218. California law provides authority to local government to hold all-mail ballot elections for those elections required or authorized by Proposition 218. This ordinance simply provides that the Council may conduct an election wholly by mail when conducting an election that is subject to the provisions of Proposition 218. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Workshop ITEM: 2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director December 30, 1999 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Workshop regarding Kern County Economic Development Strategy (Natelson Report). RECOMMENDATION: BACKGROUND: The Economic Development Strategy, more commonly known as The Natelson Report, is the result of efforts by a group of public and private sector representatives from throughout Kern County. The advisory committee asked consulting firm The Natelson Company to, operform an economic base analysis that would summarize existing conditions for businesses and workers in Kern County; oidentify emerging and transforming business clusters; eprovide a detailed overview of selected business clusters; edevelop an assessment of Kern County's competitiveness as a business location in relation to other regions; and ecreate a comprehensive action plan which the County and its communities can use to implement the strategy. The City of Bakersfield had a representative on the advisory committee and was the only city in Kern County to do so. A representative from The Natelson Company will provide an overview of the report during the Council workshop. OIk: Januaw 4, 2000, 9:00AM ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Workshop ITEM: 2. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerl~ January 3, 2000 APPROVED DEPARTMENT HEAD ~,~ CITY MANAGER Kern Country Metropolitan Recreation Center Master Plan (Kern County Director of Policy Analysis Adel Klein) RECOMMENDATION: BACKGROUND: January 3. 2000, 12:53pm ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney December 17, 1999 APPROVED DEP^RTMENT.E^D CITY ATTORNEY ClTY MANAGER Conference with Legal Counsel -- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: BJT:laa JA12CA2.CS December 17, 1999, 11:33am ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J, Thiltgen, City Attorney December 14, 1999 APPROVED DEPARTMENT HEAD CITY ATTORNEY C,TY M^N^ ER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Ruby Rodriguez v. City of Bakersfield, et al.; Kern County Superior Court Case No. 238531 SPC RECOMMENDATION: BACKGROUND: BJT:laa December 14, 1999, 12:29pm JAI2CA1.CS ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Closed Session ITEM: 3. ¢. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 3, 2000 APPROVED DEPARTMENT HEAD. CITY ATTORNEY CITY MANAGER ~ Conference with Real Property Negotiator pursuant to Government Code section 54956.8 regarding 1426 "P" Street, Bakersfield, California, 93301; Negotiating Parties: Finance Director Gregory Klimko, Senior Real Property Agent Don Anderson and Mr. Gerald D. Lucas and Janice H. Lucas (co-trustees, The Lucas Family T.rust); Under Negotiation: Price and terms of payment for purchase. RECOMMENDATION: BACKGROUND: BJT:laa JA12CA3.CS January 3, 2000, 9:29am REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk December 30, 1999 DEPARTMENT HEAD CITY MANAGER Minutes of the regular Council meeting of December 15, 1999. APPROVED RECOMMENDATION: BACKGROUND: bz S:\Council\ad mins~ADMINS\JAN 1200.wpd December 30, 1999, 9:38am ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 23, 1999 APPROVED. DEPARTMENT HEAD.~..~.~ ATTOR.EY CITY MANAGER ~/~'~ Approval of department payments from December 4, 1999 to December 23, 1999 in the amount of $8,331,855.38 and self insurance payments from December 4, 1999 to December 23, 1999 in the amount of $67,655.80. RECOMMENDATION: Staff recommends approval of payments totaling $8,399,511.18. BACKGROUND: s:\acctpay\admin f~'~ .wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar I ITEM: 8. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J, Klimko, Finance Director December 21, 1999 APPROVED DEPARTMENT HEAD ~.~ CITY ATTORNEy,/,/~ CITY MANAGER ~*~"~ ^ resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the Section 34090 et seq. ©f the Government Code of the State of California - Finance Department. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This Resolution authorizes the Finance Department to destroy obsolete records and reports that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The records to be destroyed include five (5) year old accounts payable vouchers, payroli documents and receivable records. December 21, 1999, 9:14am S:\Darrin\Gregory~Admin - FinanceRecordsDestroy.wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 21, 1999 Resolution Adopting the Investment Policy of the City APPROVED DEPARTMENT HEAD,~/~.~ C, A OR CITY MANAGER ~ RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This Resolution places the City in conformance with California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. This policy was discussed at the Budget and Finance Committee meeting on December 20, 1999. The committee recommended adoption of the Investment Policy Resolution. ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director December 28, 1999 APPROVED DEPARTMENT HEAD /~_~ MANAGER ,'¢,C5 SUBJECT: Assessment District No. 99-2 (Seven Oaks West): 2. 3. 4. Resolution Accepting Petition and Determining to Undertake Assessment Proceedings. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Cox, Castle & Nicholson for legal services, Disclosure Counsel. Agreement with Wilson & Associates for assessment engineering purposes, (Ward 4) RECOMMENDATION: Staff recommends approval of the resolution and agreements. BACKGROUND: In November, 1999, the appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed district has two distinct subareas as follows: Seven Oaks - Section 12: This subarea is located south of the extension of Ming Avenue between Buena Vista Road and Allen Road and is planned for new residential development. It is proposed that the improvements for this area be constructed by the developer (Castle & Cooke), with acquisition of improvements upon completion. The improvements include roadway improvements to Buena Vista Road, Ming Avenue and White Lane, together with sewer, water and storm drain lines, curb and gutter, sidewalks, street lights and block wall improvements. Tevis Ranch; This subarea is located south of Campus Park Drive between Mountain Vista Drive and Old River Road and is planned for new residential development. It is proposed that the improvements for this area be constructed by the developer (Castle & Cooke), with acquisition of improvements upon completion. The improvements include roadway improvements to Mountain Vista Drive, Campus Park Drive and Old River Road, together with sewer, water and storm drain lines, curb and gutter, sidewalks, street lights, block wall improvements, landscaping and the relocation of the Buena Vista Canal. The primary motive for combining the two subareas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the property owners. It is intended to provide financing for all improvements in a single bond issue. Once the Resolution and Agreements are adopted, the next step is to prepare a Resolution of Intention and for the assessment engineer to prepare a boundary map for the proposed district. December 29, 1999, g:05AM G:\GROUPDA'r~ADMINRPT~2000~Januaw 12~,D99_2,wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager December 30, 1999 APPROVED DEPARTMENTHEAD ~4.~ CITY ATTORNEY .~ CITY MANAGER ~ Amendment No. 1 to Resolution No. 101-99 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 1999.00 to incorporate previous budget actions approved by the City Council. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: On June 30, 1999, the City Council adopted Resolution No.101-99 approving and adopting the City of Bakersfield Operating and Capital improvement Budget for the Fiscal Year 1999-00. From July 1, 1999 through December 31, 1999, Council has taken action to transfer and/or appropriate funds for specific services and as a result, the respective budgets must be amended to reflect these changes for the first six months of the fiscal year. The fiscal year 1999-00 Amended Budget is $234,905,179, with the Operating and Debt Service (which includes the Community Development Block Grant) Budget totaling $204,022,862, the Capital Improvement Program totaling $ 25,183,729, and the Central District Development Agency Budget totaling $ 5,698,588. A detailed listing of the items approved by Council action(Exhibit "A"), which amends the 1999-00 budgets, is attached. dwh s: amend 1999-00 January 5, 2000, 10:56AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: Honorable Mayor and City Council ~,~ APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD /~ DATE: January 6, 2000 CITY ATTORNEY ,~ CITY MANAGER C/~,,~ _ SUBJECT: 1) Amendment No. 2 to Resolution No. 66-99 Approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. 2) Revised Job Specification: Community Service Specialist to Community Relations Specialist RECOMMENDATION: Staff recommends adoption of the resolution, approval of the revised job specification and title change. BACKGROUND: The General Services Division of the Public Works Department has requested that the Community Service Specialist classification currently used in the Police Department be adopted for use in the Miscellaneous Departments. The specification has been updated to reflect current terminology, assignments anc~ minimum qualifications. The title is also being changed to Community Relations Specialist. Summary The job specification was approved by the Miscellaneous Civil Service Board at their meeting on December 21, 1999 and by the Police Civil Service Board at their meeting on January 5, 2000. There is no budgetary impact because the salary will remain the same. S,E.I,U. concurs with the proposed recommendation. Staff recommends approval of the revised job specification and title change. Staff recommends that the title change become effective immediately following Council action. jm ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. h. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD //'~/~ DATE: December 21, 1999 CITY ATTORNEY~ ~.,~'z'~ CITY MANAGER ~ SUBJECT: (1) Tract Map/Improvement Agreement: Final Map and Improvement Agreement with La Hacienda Inc. for Tract 5923 Phase One located east of Kern Canyon Road and South of Chase Avenue. (Ward 3) RECOMMENDATION: Staff recommends approval of the final map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT IS FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. ADMINISTRATIVE REPORT I MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.'i. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD //~ - DATE: December 22, 1999 CITY ATTORNE~-~ CITY MANAGER SUBJECT: Agreement for Installation or Allocation of Special Facilities for Parallel Operation of Nonutility -Owned Generation and/or Electrical Standby Service, $54,671.84, with Pacific Gas and Electric Company for Wastewater Treatment Plant No. 2 (Ward 1) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This proposed agreement provides for PG&E's conditional consent and approval of the installation and connection of the new cogeneration system at Wastewater Treatment Plant No. 2. The upgrade and expansion of Wastewater Treatment Plant No. 2 includes installation of upgraded cogeneration equipment that utilizes the methane gas generated Jn the decomposition of wastewater solids. The installation of the cogeneration system requires the agreement and consent of the commercial electrical supplier, Pacific Gas and Electric Company (PG&E). This proposed Agreement has been prepared by PG&E and provides for both their conditional consent and approval of the new cogeneration system. Three other miscellaneous operation agreements have also been attached for Council's reference (These three miscellaneous agreements do not require Council approval, but do provide background on this Administrative report). The three agreements are: *Generation Operating Agreement - Provides that the City operate our facilities in a safe and prudent manner and remain in close contact with PG&E system operators. Operating and testing procedures are also detailed. *Agreement for Parallel Operation, Nonutility -Owned Generation - Provides for allocation of costs related to the cogeneration operation, right of entry for PG&E, indemnity and insurance, term of agreement and other legal details. *PG&E's Special Agreement for Electrical Standby Service - Provides for PG&E to stand ready to provide electrical energy in the event the City's cogeneration equipment goes off line for any reason. December 22, 1999 (8:34AM) G:\GROUPDAT\A DMINRPT\2000~January 12\Plant2Cogeaeration,wpd ADMINISTRATIVE REPORT The agreement provides right of way and right of entry to PG&E necessary to perform their services on-site, equipment ownership provisions, type and capacity of service, payment provisions and other legal details. The City must pay PG&E's costs to install protective and limiting devices on their facilities. The total estimated cost is $68,640. The City has previously paid $13,968.16 for modification to PG&E's system involved with the Main Switchgear Upgrade, which cost offsets a portion of the estimated cost for this Agreement. Therefore, net cost to the City under this agreement is $54,671.84 Sufficient funds are available in Plant 2's upgrade/expansion budget. December 22, 1999 (8:38AM) G:\GRO UPDAT\ADMINRPT~2OO0klam~a ry 12\Pla nt2Cogeneration, wpd ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8..~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks December 29, 1999 APPROVED DEPARTMENTHEAD '~'~. CITY ATTORNEY...,~;~-~-- CITY MANAGER ~ Disney Keys to Management Excellence Training Seminar Agreement with the Disney Institute to conduct "The Disney Keys to Management Excellence" training seminar on April 11, 2000 and to share anticipated registration fees in an amount not to exceed $50,700. Agreement with Holiday Inn Select for room rental and refreshments for"The Disney Keys to Management Excellence" training seminar in an amount not to exceed $16,650. Appropriate $88,500 revenue/expenses for training to Recreation and Parks Operating Budget within the General Fund. RECOMMENDATION: Staff recommends approval of the agreements and appropriation of the monies. BACKGROUND: The city of Bakersfield has the unique opportunity to co-sponsor a prestigious training event conducted by the Disney Institute of Walt Disney World, Florida, a world leader in customer service training. The main benefit to the city, in addition to positive profile, is the provision of this top-quality training in Bakersfield The program will be held at the Holiday Inn Select on April 11, 2000. This one-day seminar covers topics such as developing a service philosophy, understanding "guests," and implementing service strategies. This program will be open to the public and can accommodate up to 300 participants. S:~Admins\Mgtexceladmin wpd December 29, 1999, 3:53PM ADMINISTRATIVE REPORT Page 2 Contractual provisions call for the Disney Institute to: produce promotional brochures and information offer media assistance provide program materials arrange for qualified presenters and all necessary videos provide room decorations The department will: distribute promotional brochures secure a meeting facility provide audiovisual equipment handle registration coordinate meal functions The agreement also provides for the split of revenue between the city and the Disney Institute. The Disney Institute will receive 65% of the "base" registration fee of $260 (i.e. excludes portion of registration fee for food). With the anticipated revenue of $88,500 (i.e. 300 participants at $295 each), Disney Institute will receive $50,700. From the city's portion of $37,800, the department will expend a maximum of $19,650 for expenses related to the seminar (e.g. postage, room rental, audio-visual equipment, meals). The remaining balance ("profit") of $18,150 is proposed to be used to establish a mobile recreation program that will be held in city parks. In the event that the program is canceled (e.g. lack of registration), the only expense to the department will be that of the postage for mailing the seminar brochure. This expense is estimated at $3,000. S ~Admins\Mgtexceladmin wpd December 29. 1999 3:53PM ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 4, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY~ "~-" ~r~-) -- CITY MANAGER ~'~"~.~' Agreement to lease 160 acres to Paul T. Coombs & Sons for property located at Sunset Blvd. and Fairfax Road for $20,000 annually for farming operations.. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On November 6, 1996, the City entered into Agreement No. 96-304 with the State of California to provide financing for the expansion of Waste Water Treatment Plant No. 2. As a condition of the loan, the State required the City to acquire an additional 960 acres to accommodate future expansion of the effluent spreading operations resulting from increased capacity. On June 8, 1999, the City acquired 160 acres from Nalbanian and Hutson, A California General Partnership, which was subject to a three year lease in favor of King Pac Farms. King Pac has since requested the lease be terminated. The land is not presently needed for the effluent farming operations and is not projected to be needed for 3 to 5 years at current expansion rates. The land is currently planted with alfalfa on 160 acres. Paul T. Coombs & Sons, a farming partnership, has offered to lease the land for fresh water farming operations for the next 3 years and on a year to year basis thereafter subject to City approval. The rent will be $125 dollars per acre, for a total yearly rental of Twenty Thousand dollars ($20,000). These rents are consistent with other leases in the area for similar ground and farming operations. This proposal will generate an income stream during the lease as well as free the City from maintenance expenses and prepare the land to be integrated into the existing effluent farming operations in the future. Janua~ 4, 2000, 3:40prn S:\Darrin\Gregory~Admin - SewerFarmLeases.wpd ADMINISTRATIVE REPORT I MEETING DATE: January 12, 2000 AGENDA SECTION: ITEM: 8.~. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 29, 1999 APP~VED DEPARTMENT HEAD~,~L'~ · CITY ATTORNEY ~-(~ Agreement with Thyssen Dover Elevator for maintenance contract for ali elevators at City owned facilities, not to exceed $70,000 over a three year term. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Staff sent out Requests for Proposals (RFP) for maintenance of all elevators at City-owned facilities. The RFP required a 3 year maintenance agreement term. Three contractors submitted proposals by the deadline of September 21, 1999, as follows: Monthly Maintenance Fee Thyssen Dover Elevator 840 Embarcadero Ste. 30 West Sacramento, CA 95605 $1,590.00 Millar Elevator Service Company 640 Irving Ave. Glendale, CA 91201 $1,782.96 Otis Elevator Company 4704 Roseville Road, Suite 108 North Highlands CA 95660 $2,250.00 The proposals were evaluated by staff for conformity with the RFP, contractor's ability to perform the required work and cost. This agreement provides for maintenance of all elevators at City-owned facilities. Locations are: City HalF, City Hall Annex, Police Department, Development Services and the Centennial Garden, including the pedestrian bridge. The base fee for the 3 year term is $57,240. The agreement contains a not-to-exceed amount of $70,000 which is greater than the 3 year base fee of $57,240. The difference is for unforeseen repairs, various tests required by the State and emergency repairs required outside the work hours defined by the Agreement. These items are not covered by the base agreement. January 5, 2000, 11:31AM G;\GROUPDAT~ADMINRPT~2000\January 12~elevator.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar TEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager December 29, 1999 APPROVED DEPARTMENT HEAD. ~ CITY ATTORNEY CITYMANAGER ~'~ License agreement with Kern County Water Agency for constructing and maintaining 4 recovery well turn-in structures and pipelines to the Kern River Canal and crossing of domestic water Interface line located approximately 2.5 miles west of Buena Vista Road. RECOMMENDATION: Staff recommends execution of License Agreement. BACKGROUND: The Kern County Water Agency (KCWA) is the owner of the land located north and south of the City-owned and operated Kern River Canal in Section 10, T30S/R26E., MD.B&M. west of Buena Vista Road. The KCWA operates the properties and recovery groundwater wells as part of the Joint Water Banking Project and the Pioneer Project Banking facility. In order to transport groundwater pumped from these banking projects, discharge piping and turn-ins to the City's Kem River Canal are needed. KCWA desires to construct and maintain 4 new recovery well turn-in structures and pipelines from the wells to the Kern River Canal. In doing so, the discharge pipes will also cross over the City's 36" diameter domestic water Interface pipeline. Under this license agreement KCWA would construct, operate and maintain the four new turn-ins within the right-of-way of the City's Kern River Canal and domestic water Interface pipeline at a point approximately 2.5 miles west of Buena Vista Road. KCWA will pay all costs to design, build and maintain the pipeline crossing, which can only be used for groundwater recovery operations. Should damages or repairs be required of City facilities or damages to water supplies transported in City facilities occur, due to the installation or operation of the turn-ins, KCWA shall bear and reimburse City such costs. This license agreement is non-exclusive and revocable by the City upon 30 days notice, at which time KCWA would be required to remove the turn-ins and pipelines and restore the premises. December 28, 1999, 10:30AM S:\2000 ADM RPTSLIAI2WTICC ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 28, 1999 APPROVED DEPARTMENT HEAD CITY ATTO R N EY.~.,C't~, CITY MANAGER Sewer Service Boundary Agreement between the City of Bakersfield and North of the River Sanitary District No. 1. 0Nard 4) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Representatives of both the City of Bakersfield and North of the River Sanitary District No. 1 (NOR) have been meeting over the past several months to discuss our service boundaries. This agreement reflects the current standing of these boundaries. The City's sewer service area is the same as the boundary agreed to in the revised CSA 71 agreement, which was approved at the October 20, 1999 council meeting. Any area outside that boundary which annexes to NOR shall be served by NOR. This agreement has been reviewed and signed by the NOR Board. December 29, 1999, 8:09AM G:\G RO Up DAT~ADMIN R PT~2000Llan uary 12\NORSDboundaries.wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Chdstensen, Assistant City Manager December 30, 1999 APPROVED DEPARTMENT HEAD ~J ClTY ATTORNEY ~ CITY MANAGER Amendment No. 1 to Agreement No. 97-274 and Second Deed of Trust with Bakersfield Art Foundation for the Bakersfield Museum of Art property located at Central Park. (Ward 2) RECOMMENDATION: Staff recommends adoption ofthe amendmentto the agreement and the second deed oft~st. BACKGROUND: On September 10, 1997, the City entered into an agreement with the Bakersfield Museum of Art to donate property and a building at Central Park for the Museum. The City's virtual gift of a $300,000 asset to the Museum for the sum of $5,000 was to ensure that the Museum remain in Central Park. The current agreement includes a clause reverting the property to the City in the event that it ever ceases to function as a museum. It appears the existence of the reverter clause has hindered the Museum's ability to get a Joan for expansion, which they plan to begin in 2000. As a result of discussions at the Budget and Finance Committee meeting on February 8, 1999, staff was directed to work with Museum representatives to develop a mechanism to replace the existing reverter clause, including acceptable language to an agreement, which would allow the Museum to obtain financing. Over the past year, several different options were discussed with Museum representatives to replace the existing reverter clause. Staff first proposed a second deed of trust and a first right of refusal in the event of a default or proposed sale. Neither of the options, either combined or separate, were acceptable to the Museum representatives at that time. Staff also presented the option of sunsetting the reverter clause over a pedod of years. This concept was also unacceptable to the Museum because only immediate elimination of the reverter clause would allow them to obtain bank financing. Museum representatives had stated that elimination of the reverter clause, either immediately or upon completion of the expansion project in January 2001, is the only acceptable option because it is the desire of the Museum to have full and complete control of the new facility and property. Obviously this option did not protect the City's interest to ensure that the property continues to function as a Museum. Staff continued to recommend using a similar clause to preserve the property for public use for many years to come, not just in the short-term. December 2g, 1999, 3:02PM S:~Adrnin Rpts\1999\Final Museum,wpd ADMINISTRATIVE REPORT Page 2 After considerable time and effort by both parties, discussions with the Museum have resulted in a modified agreement that eliminates the reverter clause and replaces it with a first dght of refusal and a second deed of trust. Approval of these two documents would generally result in the following with regard to the Museum property: 1) 2) 3) Eliminate the reverter clause; Ensure the Museum property is propedy maintained and has sufficient fire insurance; and The City would have the option to purchase the Museum property if: a) the property ever ceased to operate as a museum, b) the Foundation desired to sell the property, or c) the Foundation defaulted on their loan, then the City could come in and pay the deficiency. In either of the purchase scenarios, the City would only have an option to purchase the property, but: could also choose to not exercise its right of purchase. The agreement calls for the purchase price to be determined by an appraiser agreed upon by the City and the Museum. Museum representatives indicate that this proposal gives them more control of the property and allows them to obtain needed financing. The Budget and Finance Committee approved the amended agreement and second deed of trust on August 20, 1999, and recommended it go to the City Council for approval. However, pdor to it being heard at the August 25th City Council meeting, Museum representatives asked that the item be pulled because of concerns they had with certain legal language in the second deed of trust. Since that time staff has modified the second deed of trust to the satisfaction of the Museum. On December 20, 1999, the Budget and Finance Committee approved the changes to the second deed of trust and again recommended that it be approved by the City Council. December 29, 1999, 3:02PM S:~,dmin Rpts\1999\Final Museum wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks December 29, 1999 APPROVED DEPARTMENT HEAD ~-~... city ATTORNEL.. '- CITY MANAGER ('~.~'~; Amendment No. 1 to Agreement #99-226 with the Kern High School District for the Mutual Use of Facilities (All Wards). Appropriation of $10,000 Contribution from Kern High School District and Transfer of $10,000 from Council Contingency Fund to Recreation and Parks Capital Improvement Budget Within the Capital Outlay Fund. Funds to Be Used for the Purchase of a Swimming Pool Heater at Jastro Park (Ward 5). RECOMMENDATION: Staff recommends approval of the amendment, appropriation of the funds, and transfer from Council contingency fund. BACKGROUND: The City of Bakersfield and the Kern High School District (KHSD) share the goal of promoting positive youth development, and agree that one very important method to reach that goal is through participation in recreational and sports programs. These entities also share a substantial investment in swimming pools, gyms, sports fields and other facilities which, due to staffing and programmatic considerations, aren't necessarily fully utilized by their respective operators. An existing agreement provides for the mutual use of facilities without payment being exchanged by the city or KHSD. This is making it possible to expand recreation activities by the city for citizens and making for more complete utilization of facilities. The amendment would provide for KHSD to reimburse the city for actual costs the city might incur for equipment. Swimming is the second most popular team sport among Kern high school students. KHSD begins training for swim teams in late winter. Currently, Jefferson and Silvercreek pools are heated and can accommodate the teams. KHSD is agreeable to purchasing a heater for Jastro Pool in an amount not to exceed $20,000 in order to suit that facility for swim teams as well. The cost of purchasing and installing the equipment will be reimbursed to the city during the current and next fiscal year. $10,000 is to be reimbursed after installation and the balance is to be reimbursed after July 1, 2000. Recreation and Parks will pay the ongoing costs for maintenance and utilities. Each party will benefit from the increased utility of Jastro Pool and the resultant expansion of the facilities available under the mutual use agreement. December 30, 1999, 952AM ADMINISTRATIVE MEETING DATE: January 12, 2000 REPORT IAGENDA SECTION: Consent Calendar ITEM: 8. q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director December 30, 1999 DEPARTMENT HEAD~-.~ CITY ATTORNE?.~/ CITY MANAGER Amendment No. 3 to Agreement NO. 97-45 between the City of Bakersfield and Normal Development RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On August 25, 1999, Council approved Amendment No. 2 to Agreement No. 97-45 with Normal Development Corporation. Amendment No.1 allowed the Developer, Normal Construction, to construct the City's portion of landscaping improvements along Coffee Road which is adjacent to the Developer's required landscaping improvements along the Friant Kern Canal at the development site's (Southeast corner of Rosedale Highway and Coffee Road) entrance off of Coffee Road. Amendment No. 2 provided a revised reimbursement amount of $174,000.00. Amendment No. 3 will allow payment to Normal Development upon actual completion of the landscaping improvements. Under the previous agreement, payment would be delayed until the Notice of Completion was filed, which occurs one year after the completion of landscaping improvements. This agreement only modifies the timing of the payment to Normal Development. DecemDer 30, 1999, 1:11 pm G:\GROUPDAT~ADMINRPT~2000\January 12tNorrnal Dev Amend3.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 28, 1999 APPROVED DEPARTMENT HEAD c/~..-)' CITY ATTORNEY .~--~L~-~ j .._~- CITY MANAGER Contract Change Order No. 1 ($12,310) to Agreement No. 99-302 with Gdffith Company for the Mohawk Sewer, Phase 1 Project for accelerating the project completion date. (Ward 4) RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: The project specifications, used by contractors for bidding this project, included a time schedule developed by the Friant Water Users Authority (FWUA) as to when work could occur within the Friant Kern Canal. This odginal schedule required the completion of work within the canal by January 28, 2000. The same day bids were opened, staff received notification from FWUA that work within the canal needed to be completed 13 days earlier (by January 15, 2000) than the date originally specified by the FWUA. This change order is for the additional expense the contractor, Gdffith Company, is incurring due to this accelerated schedule. The original agreement for this project was approved at the November 17, 1999, council meeting. The amount awarded was $235,000. This change order will increase the agreement to $247,310. Sufficient funds are available within this project's budget for this change order. G:~eng~S HAR ED\PROJECTS~JvhVnohawksewer~Admln Repod2 wpd December 29, 1999, 1:47PM J H,~3590 PW Engineering ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 1, 1999 Fairfax Road Storm Drain Repair: (Ward 3) APPROVED DEPARTMENT HEAl' C,TYA rOR.E CITY MANAGER 1. Accept bid to award contract to HPS, $57,059.00, for Fairfax Road storm drain repair. Appropriate $75,000 fund balance to the Capital Improvement Budget within the Sewer Enterprise Fund. (wa~c~ 3) RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and approval of appropriation. BACKGROUND: While making routine inspections, Streets Division personnel discovered the storm drain in Fair[ax Road had deteriorated to a point where immediate repairs were required. As this was an unforseen event, this project was not included as part of the annual Capital Improvement Program Budget. This project will patch the pipe using concrete grout. After this project is completed, staff will monitor this pipeline for additional problems. More extensive repairs (such as lining) or even replacement of this pipeline may be required in the future if deterioration continues. After the bids for the project were opened, the City Attorney's Office received correspondence through a City Councilmember that the Iow bidder, HPS Plumbing Services, Inc. had recently had a number of complaints regarding prevailing wage and employee subsistence issues. The City Attorney's Office reviewed the correspondence, and then the City Attorney's Office and Public Works staff met with HPS personnel to discuss the issues. HPS staff indicated that these complaints were limited to subsistence pay issues for some out of the area projects, and for submission of correct forms to the Division of Apprenticeship Standards for some local projects. They indicated that they have not had any issues on past City of Bakersfield projects, that they have never paid any fines on any City of Bakersfield or County of Kern projects, and that they have few complaints based on the number and dollar amount of projects they are involved with on an annual basis. Based on staff's review of the correspondence and meeting with the contractor, staff believes that the evidence submitted is not adequate to find the contractor as either non-responsive or non-responsible, and thus recommends award of the contract to HPS Plumbing Services, Inc. Contractors on major City projects, as a part of a pay request for the project, are required to submit payroll documents that list the job classifications and pay rates for all employees working on the City project. They are also required to certify that these submitted pay rates meet or exceed State and/or Federal prevailing wage rates as applicable. City Public Works staff routinely interview workers at City project sites regarding their job classification and pay rate as a separate independent check of the payroll submittal. HPS has been informed of this procedure and that due to the information received, this project will be closely monitored during construction for verification of wage rates. Five acceptable bids were received on December 1, 1999 as follows: HPS Plumbing Services, Inc. City In the amount of $57,059.00 P.O. Box 6386 Bakersfield, CA 93301 S:\PROJECTS~jvh\Fairfax-stormdrain~dminrpt3.wpd December 30, 1999, 10:19AM ADMINISTRATIVE REPORT W. M. Lyles Co. 1210 W. Olive Ave. Fresno, CA 93744 Out of town In the amount of $57,584.00 Nicholas Construction 16824 Johnson Road Bakersfield, CA 93312 City In the amount of $62,962.00 Griffith Company P.O. Box 70157 Bakersfield, CA 93387 City In the amount of $77,777.00 Zondiros Corp. 250 28th Street Hermosa Beach, CA 90254 Out of town In the amount of $87,100.00 The additional funds requested in the appropriation are necessary to cover staff engineering and inspection services for the design and construction of the project, and to cover possible contract change orders. S:\p RO JECTSqvh~Fair~ax-stormd rain~Adrnin rpt3.wpd December 30, 1999, 10:19AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: $. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director December 20, 1999 DEPARTMENT HEAD ~__-~- CITY ATTORNEY._/~j CITY MANAGER Q~.2 Accept bid to award contract to Parkson Corporation, ($83,558.00) for washer/compactor equipment for Wastewater Treatment Plant 2 influent screenings. (Ward 1 ) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The upgrade and expansion of Wastewater Treatment Plant No. 2 included installation of new barscreens in the influent channels. The screens replaced grinding units that permitted the solids to remain in the waste stream, creating problems in handling water and sludge materials. Screening the influent has resulted in the removal of large quantities of solids from the waste stream. Prior to the upgrade project, the screenings would have been buried on-site. However, the Water Quality Control Board has advised that the burying practice was no longer a viable alternative. The screenings must be transported to a landfill for disposal. To be acceptable at the landfill, the screenings must be essentially free of organic matter. This requires washing of the screenings prior to disposal. The unit bid by Parkson Corporation will both clean the screenings and compact them, saving disposal costs through less frequent pickups. The equipment will be installed by plant staff. Parkson Corporation bid $83,558.00 for a single washer/compactor unit and $149,721 for a dual unit that would provide standby capability in the event of unit malfunction or failure. Analysis of the Upgrade and Expansion project funds indicates that sufficient funds are available for the single unit, but not the dual unit. One other, higher, bid was received but was rejected because it was sent in by facsimile rather than by sealed envelope. Sufficient funds are available in Plant 2's upgrade/expansion project budget. One acceptable bid was received on December 17, 1999 as listed below: Parkson Corporation 2727 NW. 62 Street Ft Lauderdale FL 33309 $83,55800 December 29, 1999, 11:40AM G ',GRO[_'pDA.'C,ADMINRP~2000danuar¥ 12~Plant2WasherCompactor wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 23, 1999 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Reject bids for Truck Mounted Paint Striping Machine. RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Three (3) bids were received November 29, 1999, however, none met the minimum specifications as requested. The Fleet Services Division will review the specifications and consider revisions to enable participation from all manufacturers at the time of rebid. P:~ADMIN\C000112B.wpd GJK:Ijm December 23, 1999, 8:51am ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. v. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD .El//. , DATE: December 2'1, 1999 CITY ATTORNEY .,/~-? CITY MANAGER ~ SUBJECT: Dedication of Property: 1. Grant Deed from Fruitvale Properties, LLC to the City of Bakersfield for a lift station site located at the Northeast corner of Calloway Drive and Olive Drive. (Ward 4) 2. Grant of Easement from Kern River Public Access Committee to the City of Bakersfield for construction of a sewer line located approximately 1/4 mile East of Coffee Road and 1/4 mile North of the Cross Valley Canal. RECOMMENDATION: Staff recommends acceptance of the Grant Deed and Grant of Easement. BACKGROUND: The Grant Deed grants to the City a 29,670 square foot parcel of land located at the northeast corner of Olive Drive and Calloway Drive. A lift station which serves the property located nodh of Olive Drive and west of Calloway Drive will occupy the site. The Grant of Easement provides a 100 foot wide temporary construction easement and a permanent 30 foot wide easement for the Mohawk Trunk Sewer. G:\GROUPDAT\ADMINRPT\2000\January 12\Dedicationonproperty-Fruitwale Properties.wpd December 29, 1999 (2:56PM) TD/mm ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director December 15, 1999 APPROVED DEPARTMENTHEAD CITY ATTORNEY ~"~?'~- CITY MANAGER SUBJECT: Sale of two (2) used police sedans to North Bakersfield Recreation and Park District for $5,000.00. RECOMMENDATION: Staff recommends sale of used vehicles. BACKGROUND: The City has received a request from North Bakersfield Recreation and Park District to purchase two (2) used police vehicles. Sale of surplus equipment to other governmental or non-profit agencies is a process provided for in the Municipal Code (MC3.20.120 F.) that has been approved by the City Council in the past. Staff recommends that two (2) used police patrol vehicles be sold to North Bakersfield Recreation and Park District for $2,500.00 each for use by their Park Rangers. P:~ADMIN\C000112wpd GJK:Ijm December 15, 1999, 8:43am ADMINISTRATIVE REPORT IMEETING DATE: January 17 2000 AGENDA SECTION: Consent Calendar ITEM: 8.x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 4, 2000 APPROVED DEPARTMENT HEAD . ../~,,"~ c,. MA.AGER Acceptance of the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 1999. RECOMMENDATION: Staff recommends the acceptance of the City's AnnuaJ Financial Report. BACKGROUND: In compliance with Municipal Code Chapter 2.08.020F the Finance Director has prepared the City of Bakersfield Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 1999. Certificates of Achievement for Excellence in Financial Reporting issued by the Government Finance Officers Association of the United States and Canada (GFOA) and Award of Outstanding Financial Reporting issued by the California Society of Municipal Finance Officers (CSMFO) have been awarded to Bakersfield consistently over the last 20 years. A primary requirement of these award programs is an "unqualified opinion" by the Independent Auditor shown on pages 1-2 in the CAFR. We have submitted the current report to the award programs and anticipate receiving the certificates for our consistent high quality financial reporting. The CAFR was included in the City Council Packet for it's December 15th meeting and referred to the Budget and Finance Committee. The Committee met on Monday December 20, 1999 and recommends acceptance of the Report. A copy of the report is not included at this time since it was included in a prior distribution to the City Council. However, copies are available from the Finance Department upon request. S:\Damn\Oregory~Admin- CC- CAFR#2rewfile w~ ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Headngs ITEM: 9. a. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building December 23, 1999 APPROVED DEPARTMENT HF~D~ CITY ATTORNEY~C/~ CITY MANAGER SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. 0Nard 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject property listed below was determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8,80. The property owner was notified and failed to comply with the Notice of Summary Abatement. The subject property is listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 1206 11th Street 009-031-08 $ 2,885.00 The owner of the above-mentioned property failed to commence the required work as ordered by the Building Director to abate a public nuisance. The next property was in violation of the Uniform Code for the Abatement of Dangerous Buildings pursuant to Title 15 of the Bakersfield Municipal Code. The owner of the property agreed to allow the City to remove the dangerous buildings by signing a Consent for Demolition, a copy of which is attached to the resolution provided with this report. The subject property is listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 3518 Madison Avenue 172-131-18 $ 5,84000 The owner of the above-mentioned property agreed that the cost of demolition would be assessed as a lien against the property. December 23, 1999, 8:51AM ADMINISTRATIVE REPORT Page2 As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were demolished 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 have been given notice of their dght to appear at the headng on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to demolish the subject structures and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. lA12bl2 December 23, 1999, 8:51AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 IAGENDA SECTION: Headngs ITEM: 9.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building December 23, 1999 ~/~I~VE D A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter. (Wards 1, 2, 4, 5 and 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: 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, debds and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a headng duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 35 Bliss Street 139-404-03 $ 1,125.00 2~ 1828 Brook Street 172-053-29 $ 1,395.00 3. 410 S. Brown Street 019-072-04 $ 825.00 4. 699 E. Brundage Lane 169-032-01 $ 320.00 5. 1800 Carver Street 172-043-32 $ 270.00 6. 3412 Hale Street 172-042-08 $ 320.00 7. 3600 Hale Street 172-052-06 $ 325.00 8. 908 K Street 009-142-13 $ 830.00 9. 910 K Street 009-142-11 $ 613.00 10. 925 K Street 009-141-06 $ 320.00 11. 703 N Street 009-332-17 $ 370.00 12. 221 Northrup Street 018-310-16 $ 320.00 13. 306 Ohio Ddve 169-070-22 $ 295.00 14. 309 Ohio Ddve 169-070-05 $ 435.00 15. 317 Ohio Drive 169-070-07 $ 435.00 December 23, 1999, 8:51AM ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST 16. 3000 Oliver Street 17. 3507 Oliver Street 18. 1901 E. Planz Road 170-200-15 $ 320.00 172-102-16 $ 315.00 172-041-13 $ 270.00 Ward 2/Councilmember DeMond 19. 117 Lake Street 20. 1422 Niles Street 21. 518 Wallace Street 22. 540 E. 4th Street 23. 632 E. 4th Street 014-220-15 $ 525.00 015-150-11 $ 1,010.00 139-252-13 $ 245.00 139-291-03 $ 345.00 139-291-12 $ 270.00 Ward 4/Councilmember Couch 24. 601 Boca Del Rio Ddve 25. 13704 Brogan Avenue 26. 13708 Brogan Avenue 161-331-04 $ 295.00 161-331-02 $ 295.00 161-331-03 $ 295.00 Ward 51Councilmember Rowles 27. 1939 S. Real Road 440-151-02 $ 853.00 Ward 7/Councilmember Salvaaaio 28. 2512 Echo Avenue 023o083-20 $ 825.00 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 have been given notice of their dght to appear at the headng on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. JA17BLI HRG December 23, 1999, 8:51 AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Hearings ITEM: 9. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 28, 1999 APPROVED DEPARTMENT HEAD .//~/---- · CITY MANAGER ~.~c5 Resolution ordering the vacation of excess road right of way on the east side of Oswell Street, south of Freeway 178. (Hard 3) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Dinova Partners II has requested vacation of the excess right of way on Oswell at: East Hills Village Shopping Center approximately 60 feet north of the shopping center entrance road. The east right of way line of Oswell Street is located 30 plus feet behind the existing gutter line along most of the parcel at 2631 Oswell Street. The applicant has requested that a 20 foot wide portion of the excess road right of way be vacated allowing more efficient use of their site. Public Works staff has notified the applicant that the strip requested for vacating is part of a right of way area acquired by the state in fee title for Freeway 178. In 1970 the area was relinquished (Fee Title) to the City of Bakersfield for use as a city street. Therefore, upon vacation of the excess road right of way, the applicant also must arrange for purchase of the fee title rights held by the city. The City, Fire, Police, Public Works, Development Services and Economic Development Departments have been notified and none have posted any objection to the proposed vacating. Public Works notes that a 12 inch city sewer main crosses the north end of the vacating area and an easement must be reserved for the sewer. No other City facilities are within the area. The utility companies serving the area have been notified by mail and none have objected to the proposed vacation. In October all property owners within a 300 foot radius of the proposed vacating area were mailed preliminary notice and no objections have been received as of this date. The City Planning Commission at their regular meeting of November 4, 1999 considered the action and did find the vacation consistent with the metropolitan Bakersfield 2010 General Plan pursuant to Government Code Section 65402. City council at its regular meeting of December 15, 1999 adopted Resolution of Intention No. 1210 declaring its intention to order the vacation. This hearing has been duly advertised and posted on site as required by law and all property owners within a radius of 300 feet have been mailed notice of this hearing. December 27, 1999, 1:56PM G \GROUPDAT~ADMtNRPT~.000gJanuary 12\Resolution Ordering No 1210 Oswell St wpd ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 I ITEM: 11.a. AGENDA SECTION: Deferred Business TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 17, 1999 c,Ty A.ORNp' CITY MANAGER ~-~ An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 404 to Ward 4, located at the southwest corner of Brimhall Road and Calloway Drive. (Ward 4) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on December 15, 1999. This Ordinance amends the ward boundaries to include the Annexation No. 404 area into the corresponding Council ward. The annexation was approved by Council on November 17, 1999. Annexation Ward No. Population Annexation #-404 4 0 The annexation is located at the southwest corner of Brimhall Road and Calloway Drive. The annexation encompasses 3.08 acres and is undeveloped land. The property owner requested the site to be annexed to the City. (MO:Pit) (admin\dec\1-12-a404-2nd) December 17, 1999, 11:45AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 IAGENDA SECTION: Deferred Business ITEM: 11.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 17, 1999 APPROVED DEPARTME"THE~~=,~L CITY ATTORN~ CITY MANAGER _~Z~.~ Zone Chanoe No. P99-0623 Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-14 by changing the zoning on 8.89 acres from M-l(Light Manufacturing) to M-2 (General Manufacturing) for that located at 4800 Stine Road, generally located along the east side of Stine Road, north of Pacheco Road and along the north side of the Union Pacific Railroad right-of-way. (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on December 15, 1999. No one protested the zone change. On November 4, 1999, the Planning Commission recommended approval of the M-2 zoning district. Angelina Morosa, Trustee of the zone change site, was present at the Planning Commission hearing and addressed the Commission in protest of this zone change. This zone change is City initiated (RED) (admin\1-12-O623-2nd) December 17, 1999, 11:17AM ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Deferred Business TEM: 11.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 10, 1999 APPROVED DEPARTMENT HE~ C,TV A OR.E ' C C T¥ MANAGER An ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-26 by changing the zoning of approximately 31 acres generally located at the south side of 24th Street, west of Oak Street from R-1 (One Family Dwelling) to OS (Open Space). (ZC #P99- 0664) (Ward 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held the first reading of the ordinance on December 15, 1999. The Planning Commission held a public hearing for this zone change on November 4, 1999. No significant comments were received from agencies nor the general public for the proposed project. The Planning Commission recommended approval of the zone change to Open Space for the Beach Park site. MO:pit admin\jan\1-12-0664 November 10, 1999, 8:50AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: Deferred Business ITEM: 11.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 30, 1999 APPROVED DEPARTMENTHEA~' C TYATTOR.r MANAGER An ordinance amending the Bakersfield Municipal Code by amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-08 and 123-17 from R-3 (Limited Multiple Family Residential) to R-3-CH (Limited Multiple Family Dwelling - Church) on 3 acres, for property generally located at the northwest corner of White Lane and Park View Drive. (Ward 4) (ZC P99-0692) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: This proposal would apply CH (Church) overlay zoning to property currently zoned R-3. The City Council conducted the first reading of this ordinance on December 15, 1999. The proposal would allow the development of a church and related uses on an undeveloped 3 acre site at the northwest corner of White Lane and Park View Drive. Church development would require the approval of a conditional use permit under the existing R-3 multiple family zoning of the property. The subject site is adjacent to Pin Oak Park to the north, and to single family tracts on the northwest, southeast and southwest. White Lane is improved to a full artedal width paved section. The lancl use map of the Metropolitan Bakersfield 2010 General Plan designates the site as High Medium Density Residential. The Planning Commission adopted Resolution No. 200-99 recommending approval of the zone change and adoption of the Negative Declaration on November 18, 1999 (MJM) (admin\1-12-0692) December 7, 1999, 8:37AM ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 AGENDA SECTION: Deferred Business ITEM: 11.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney December 27, 1999 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY~ CITY MANAGER An Ordinance Adding Chapter 1.50 to the Bakersfield Municipal Code Regarding Expedited Judicial Review of Bakersfield Municipal Code Provisions Affecting Rights Protected hy the First Amendment to the United States Constitution. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On July 1, 1999, Section 1094.8 was added to the California Code of Civil Procedure which allows expedited judicial review of a public agency's issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment of the United States Constitution. This section was adopted by the California Legislature in response to a court case decided by the Ninth Circuit Federal Court of Appeals entitled Baby Tam v. City of Las Vegas (9~h Cir. 1998) 154 F.3d 1097. The Baby Tam case determined that a city ordinance affecting rights protected by the First Amendment to the United States Constitution was facially unconstitutional because it failed to provide for prompt judicial review. The proposed ordinance incorporates the provisions of Section 1094.8 of the California Code of Civil Procedure into our Bakersfield Municipal Code so asto reduce exposure to litigation based on similar Baby Tam claims. This ordinance received first reading at the December 15, 1999 City Council meeting. S:\COUNClL~,dmins\SabyTam2.wpd VG:alj December 29, 1999, 8:46am JA12CADB ADMINISTRATIVE REPORT rMEETING DATE: January 12, 2000 AGENDA SECTION: New Business ITEM: 12.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 14, 1999 DEPARTMENT CITY ATTORN,.~ (~'~ CITY MANAGER Zone Chanqe P99-0743 An Ordinance Amending Title Seventeen of the Bakersfield Municipal Code and Zoning Maps No. 104-11 and 104-14 by Changing the Zoning from a PUD (Planned Unit Development) zone to an R-1 (One Family Dwelling) zone on 4.6 Acres Generally Located on the South Side of State Route 178, Approximately 300 Feet East of Miramonte Drive. (Ward 3) RECOMMENDATION: Staff recommends first reading. BACKGROUND: On December 2, 1999, the Planning Commission held an advertised public hearing and recommended adoption of this zone change to the City Council. Carlos Parrolivelli, the applicant proposes to change the zoning from a PUD (Planned Unit Development) zone that would allow 28 small lot single family homes on the subject 4.63 acres to an R-1 (One Family Dwelling) zone for purposes of constructing his personal single family home. Because a PUD (Planned Unit Development) zone is approved with specific development plans for a specific project, the current PUD zoning must be changed to a zone district consistent with the applicant's proposal to construct one dwelling unit, and also be consistent with the Metropolitan Bakersfield 2010 General Plan. The project site is depicted as Low Medium Density Residential on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. The proposed R-1 zoning is consistent with this designation. The applicant states he is in escrow to purchase the property. The current property owner has signed the zone change application; therefore consented to the zone change. The applicant's proposal is to construct a single family residence on the property. As a result of further review by the Planning Commission at the request of the applicant, a masonry wall would not be required along Highway 178 for noise attenuation because the applicant has agreed to a dwelling unit setback of 60 feet from the north boundary of the property. This setback provides adequate distance from Highway 178 to result in the noise levels reduced to meet the General Plan standards of 65 dB (CNEL) for outdoor activity areas and 45 dB (CNEL) for indoor living areas. December 14, 1999, 12:52PM ADMINISTRATIVE REPORT Page 2 All required public notices have been given. 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, therefore a Negative Declaration was prepared and is recommended for adoption. (JENG) (adrnin\jan\1-12-0743) Oecernber 14, 1999, 12:52PM ADMINISTRATIVE REPORT IMEETING DATE: January 12, 2000 IAGENDA SECTION: New Business ITEM: ].2.b. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building December 27, 1999 SUBJECT: An ordinance adding Sections 10.32.150 and 10.32.160 to the Bakersfield Municipal Code and amending section 10.56.080 by deleting subsection 10.56.080(E) all relating to parking of vehicles for purposes of sale and parking vehicles on unpaved surfaces. (Citywide) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The Urban Development Committee has reviewed the proposed ordinance and recommends its adoption. This ordinance was introduced because concerns have been raised regarding the parking of vehicles on vacant lots and other pdvate property for the primary purpose of selling the vehicle. The sales are occurring on properties where zoning does not allow the sale or the zoning would allow such sales, however, the property has not been properly developed to City standards in order to allow the use (e.g., sales on a vacant dirt lot zoned for commercial use). The parking and sale of vehicles on pdvate property in violation of city zoning ordinances contributes to blight and causes dust, trash, rubbish and other public nuisance problems associated with such sales. Use of private property for the sale of vehicles is often without the knowledge of the property owner and it is not practical to require the property owner to take measures to prohibit such unauthorized use. Having to give the property owner a misdemeanor citation seems to be a misdirection of our efforts to solve the problem. The Development Services Department, in cooperation with the Police Department, proposes amending the Code to allow City personnel to issue "traffic citations" to vehicle owners. Traffic citations carry a minimal fine, but serve as a deterrent to repeat violations. A 24-hour warning will be given before a citation is issued, unless the property is posted with signs, in which case a warning need not be given. Proposed section 10.32.150 adds language to accomplish these purposes Current City Code provisions address parking of vehicles on City streets for purposes of sale. However, those provisions need to be updated to meet current State Vehicle Code requirements. This will be accomplished by removing current section 10.56.080(E) and adding language to proposed section 10.32.150. Finally, proposed section 10.32.160 would allow for issuance of a "traffic citation" for vehicles parked on unpaved surfaces such as residential side yards and front yards. The same 24-hour warning provisions will apply as noted above. December 28, 1999, 9:57AM ADMINISTRATIVE REPORT MEETING DATE: January 12, 2000 AGENDA SECTION: New Business TEM: 12.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 4, 2000 APPROVED DEPARTMENT HEAD. ~ CITY ATTORNEY C TY MANAGER An ordinance adding Chapter 1.17 to the Bakersfield Municipal Code relating to use of mail ballot elections under Proposition 218. RECOMMENDATION: Staff recommends first reading. BACKGROUND: The Legislative and Litigation Committee has reviewed and has approved adoption of this ordinance. California law provides authority to local government to hold all-mail ballot elections for those elections required or authorized by Proposition 218. Specifically, an amendment was made to Elections Code § 4000 (c) to allow any local, special, or consolidated election to be conducted wholly by mail if it is an election or assessment ballot proceeding required or authorized by Article Xlll C or XIII D of the California Constitution. The elections required by Adicle Xlll C are those required to impose, extend or increase a general tax or a special tax. The elections required by Article XIII D are those to impose or increase certain property related fees and charges. Article XIII D also authorizes a ballot proceeding forthe imposition or increase of certain assessments, but such a proceeding would be known as an "assessment ballot proceeding" rather than an election. Currently, the City imposes no taxes or charges that are subject to Proposition 218. Additionally, the yearly adoption of the Consolidated Maintenance District does not require a ballot proceeding because assessments have not been raised over their pre-Proposition 218 amounts. Assessment ballots are currently used when forming an assessment district or when developers add territory to the Consolidated Maintenance District. However, no formal "election" is required to be called in these proceedings. This ordinance simply provides that the Council may conduct an election wholly by mail when conducting an election that is subject to the provisions of Proposition 218. Januaw 4, 2000, 11:04am ADMINISTRATIVE REPORT Page 2 The cities of Berkeley, Hayward, Modesto and Napa and the counties of Stanislaus and Placer have conducted mail ballot elections. Local jurisdictions in 14 other states have also conducted mail ballot elections. The main benefit of such elections is the cost savings realized by the public entity conducting the election. Other benefits include higher voter turnout (most cities have experienced a 10% to 20% increase in voter turnout), fewer precinct workers needed, and the purging of election mils (in any mail ballot election, a certain number of ballots are returned undeliverable thereby purging stale and outdated election rolls). Additionally, results are posted earlier in the evening because vote tallying occurs as mail ballots are received. $:\COUNCIL~Admins\AIl*MailElectionOrd Adm.wpd January 4, 2000, 11:04am