HomeMy WebLinkAbout01/26/2000 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 26, 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
(15 min)
(15 min)
(10 min)
WORKSHOP
a. Cost Recovery Program Update (Assistant City Manager John Stinson)
b. Report on Citizen Attitude Survey and Review of Survey Questions (Assistant City
Manager Alan Christensen)
c, Overview of the newly adopted City Emergency Operations Plan and the role of the
City Council during such emergencies. (Assistant Fire Chief Kirk Blair)
CLOSED SESSION
a. Public Employee Performance Evaluation - City Attorney
Closed Session pursuant to Subdivision (a) of Government Code Section 54957
REGULAR MEETING
2.
3.
4.
5.
6.
7.
INVOCATION by Kevin Harrel, First Assembly of God Church
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION ACTION
PRESENTATIONS
PUBLIC STATEMENTS
APPOINTMENTS
8. CONSENT CALENDAR
(Ward2)
(Ward 7)
Minutes:
a. January 12, 2000 Council Meeting.
Payments:
Payments from December 24, 1999 to January 14, 2000 in the amount of
$7,598,544.46; and Self Insurance payments from December 24, 1999 to January
14, 2000 in the amount of $270,176.50.
Ordinances:
Ordinance adding Subsection A.6. to Section 17.20.020 of Title 17 of the Bakersfield
Municipal Code allowing a church as a permitted use in the Professional and
Administrative Office zone district. (Staff recommends referral to the Planning
Commission)
Resolutions:
Resolution finding redevelopment assistance necessary to carry out purposes of the
Redevelopment Plan.
Agreements:
Agreement with Sangera Buick, Inc., $60,000 to provide financial assistance for
equipment related to construction of an automobile sales and service facility.
The Metropolitan Bakersfield 2010 General Plan Update and Program
Environmental Impact Report (EIR):
Memorandum of Understanding with Kern County to share the responsibility
of overseeing the work performance and costs associated with preparing the
2010 General Plan Update and EIR and appropriating $77,755 Kern County
contribution to the Development Services Department Operating Budget in
the General Fund.
Agreement between Robert Bein, William Frost & Associates and the City of
Bakersfield for $155,510 to prepare the Metropolitan Bakersfield 2010
General Plan Update and Program Environmental Impact Report (EIR).
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8. CONSENT CALENDAR continued
(Ward 7)
(Ward 2)
(Ward 4)
g. Multi-Agency Aerial Imagery Co-Operative Agreement:
Memorandum of Understanding with Kern COG as Lead Agency for Multi-
Agency Aerial Imagery Co-Operative Agreement, City's portion not to exceed
$67,200.
Appropriate $37,200 fund balance to the Capital improvement Budget within
the Transportation Development Fund.
Appropriate $20,000 fund balance in the Sewer Enterprise Fund to the
Capital Improvement Budget within the Transportation Development Fund.
Transfer $10,000 from the operating budget in the Agricultural Water Fund
to the Capital Improvement Budget within the Transportation Development
Fund.
Contract Change Order No. 3, $25,000, to Agreement No. 96-355 with C.A.
Rasmussen & Company, for Panama Lane overcrossing widening at S.R. 99.
Appropriate $25,000 Fund Balance to the Capital Improvement Budget within
the Transportation Development Fund.
Bids:
Miscellaneous:
Appropriate $58,360 Fund Balance and $9,640 Miscellaneous Revenue to the
Capital Improvement Budget within the Arena Project Fund for additional
improvements.
Acceptance of 1998-99 Transportation Development Act Funds Financial Statement.
Grant Deed from Castle & Cooke California, Inc. for a lift station located west of
Buena Vista Road, north of White Lane.
Approval for the City of Bakersfield to participate in a Complete Count Committee
in partnership with the County of Kern and Kern COG.
Staff recommends adoption of Consent Calendar Items a. through I.
HEARINGS
a. Hearing to consider public testimony to consider a request by Hall Ambulance
Service to alter the current rate schedule.
Staff recommends receive public comment and prepare a resolution setting rates for
Council consideration prior to April 1, 2000.
-3-
(Ward 7)
10.
11.
(Ward 3)
HEARINGS continued
Appeal by Jim Marino representing Gurudwara Sahib of Bakersfield, Inc. of the
Board of Zoning Adjustment's decision to deny a modification to allow a 6-foot high
fence in the front yard where 4 feet is the maximum height, on property located in
a Rural Suburban zone district at 1925 Planz Road. (No. P99-0741)
Staff recommends denying the appeal upholding the decision of the Board of Zoning
Adjustment.
REPORTS
a. City Manager Report No. 1-00 regarding State Route 58 Update. (Public Works
Director Raul Rojas)
Staff recommends receive and place on file,
b. City Manager Report No. 2-00 regarding Dilapidated Buildings. (Development
Services Director Jack Hardisty)
Staff recommends receive and place on file.
DEFERRED BUSINESS
Ordinance adding Chapter 1.17 to the Bakersfield Municipal Code relating to use of
mail ballot elections under Proposition 218. (First reading 1/12/00)
Staff recommends adoption 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 sate and parking vehicles on unpaved
surfaces. (First reading 1/12/00)
Staff recommends adoption of ordinance.
Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps
No. 104-11 and 104-14 bychanging 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) (First
reading 1/12/00)
Staff recommends adoption of ordinance.
-4-
12, NEW BUSINESS
Mid-year budget/revenue adjustments for road maintenance projects: (Staff
comments by City Manager Alan Tandy)
Appropriate and transfer of $2,100,000 ($401,323 State ERAF relief;
$714,431 State booking fee reimbursements, and $984,246 Vehicle License
revenues) to the Gas Tax Fund and eliminate Equipment Management Fund
loan for road maintenance projects.
Staff recommends approval of appropriation and transfer.
Discussion and policy direction regarding Councilmember attendance at committee
meetings when not a member of the committee, and associated Brown Act noticing
requirements. (Staff comments by City Attorney Bart Thiltgen)
Staff recommends discussion and direction by Council.
13. COUNCIL STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\CounciI~AGENDA~JAN2600.wpd
JanuaP/20, 2000 (3:39pm)
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B A K E R S F I E L D
MEMORANDUM
JANUARY 21,2000
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSO(~,I~SISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - JANUARY 26, 2000, COUNCIL MEETING
PRE-MEETING
There are three workshops scheduled. The first is an update on the Cost Recovery Program and
revised fee schedule by Assistant City Manager John Stinson; the second is the an overview of the
Citizen Attitude Survey by Assistant City Manager Alan Christensen; and the third is a workshop
explaining the City's Emergency Plan and the Council's role in an emergency by Assistant Fire Chief
Kirk Blair.
There is one closed session item, the employee performance evaluation for City Attorney Bart
Thiltgen.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 8c. An Ordinance adding a Section to the Municipal Code allowing a church as a permitted
use in the Professional and Administrative Office zone district. The Urban Development Committee
recently discussed allowing a church as a permitted use in a C-O zone. Presently the C-O zone
only allows a church with a conditional use permit while all other commercial zones allow a church
by dght. Since churches are somewhat commercial in nature, the change would not be inconsistent
with other uses permitted in the C-O zone. It is recommended that the Planning Commission review
this change for consistency with the zoning ordinance and General Plan and hold a required public
hearing to hear testimony regarding the appropriateness of this change.
HONORABLE MAYOR AND CITY COUNCIL
January 21, 2000
Page -2-
Resolutions:
Item 8d. Resolution findin(~ redevelopment assistance necessary to carry out purposes of thc,
redevelopment plan. The Bakersfield Redevelopment Agency is proposing to reimburse the
developer of a 68,300 square foot building and parking facility at 2000 "K" Street for costs
associated with off-site improvements made in conformity with the Chester Avenue Streetscape
from the tax increment generated by the development. Because the Redevelopment Agency
wishes to use its authority to assist in the off-site improvements, state law states that the agency
must receive the consent of the City Council. This resolution provides for such consent.
AQreements:
Item 8e. A(~reement with Sanaera Buick. Inc. for $60.000 to provide financial assistance for
e(~uipment related to construction of an automobile sales and service facility. Sangera Autohaus
is constructing a new 40,000 square foot state-of-the-art automobile sales and service facility in the
Bakersfield Auto Mall. To finance the purchase of land and construction of a sales and service
dealership facility, Sangera Autohaus has been approved for a $2,600,000 loan from Wells Fargo
Bank and a $1,000,000 SBA 504 loan from Mid State Development Corporation. Meghna Sangera,
owner of the company, will be contributing $400,000 in personal cash and land equity toward the
project. The proposed City loan is up to $60,000. The estimated cost of the facility exceeds
$4 million. The proposed City loan will be used to pay for the purchase of equipment costs for this
project. The source of the City funds is Community Development Block Grant money. The terms
of the assistance would be: payment of the cost of the equipment up to $60,000; a 0% interest loan
with one balloon payment at the end of five years; a requirement to have 51% of all new hires be
Iow- and moderate-income individuals; entedng into a first source hiring agreement with Employers'
Training Resource; and if at any time during the term of the agreement the company is not in full
compliance with the terms and fails to make an effort to comply, the loan must be repaid.
Item 8f. The Metropolitan Bakersfield 2010 General Plan Update and Pro(~ram Environmental
Impact Report {EIR). This item includes a Memorandum of Understanding which identifies the
scope of responsibility for documents, data collection and review work by the consultant along with
a share of the costs associated with the General Plan and the EIR. The County will contribute
$77,755 which is half the total cost for the consultant to prepare the 2010 General Plan update and
EIR. The second agreement is with the consultant, Robert Bein, William Frost & Associates for
$155,510 to prepare the Metropolitan Bakersfield 2010 General Plan Update and Environmental
Impact Report.
Item 8a. Multi-Aaencv Aerial Imaaerv Co-Operative Aareement. This item is a co-operative
agreement between the City of Bakersfield and numerous state and local agencies in Kern County
who are collaborating to share the costs of digital aedal imagery of the Kern County area. This
agreement would yield a reduced price for each agency by eliminating overlapping purchases by
local governments. The City of Bakersfield's share is estimated at $67,200. The County of Kern
is contributing the equivalent of $72,000. If the City were to obtain the imagery for the Metropolitan
area by itself, the cost would exceed $200,000. The resulting high-quality aerial images will be able
to be incorporated into the City's GIS database and will provide useful planning information. This
MOU designates Kern COG as the lead agency for this project. Kern COG will prepare and
disseminate the Request for Proposals for aerial imagery for the Kern County area. A consultant
HONORABLE MAYOR AND CITY COUNCIL
January 21,2000
Page-3-
selection committee will review the responses and make a recommendation to the Kern COG board.
The Kem COG board will make the final selection. Staff recommends appropriation of $37,200 from
the Transportation Development Fund, $20,000 from the Sewer Enterprise Fund and $10,000 from
the Agricultural Water Fund for this project.
Item 8h. Contract Change Order No. 3 to Aqreement with C. A. Rasmussen & Company for
Panama Lane overcrossin(~ widenina at S.R. 99 in the amount of $25.000. Subsequent to
completion of this project, the contractor submitted a demand for additional payment of $760,186.44
for alleged extra work and hardships resulting from City interference with its operations under the
contract. An internal review revealed an addition $16,625.86 to which the contractor was arguably
entitled. Subsequent to negotiations, a settlement of all claims was reached for the total sum of
$25,000. The appropriation of these funds is necessary as there are insufficient funds in this
contract for the proposed settlement.
Miscellaneous:
Item 8i. Appropriate $58.360 Fund Balance and $9,640 Miscellaneous Revenue to the Capital
Improvement Budaet within the Arena Project Fund for additional improvements. The Centennial
Garden Arena was constructed with 24 suites. There is currently a waiting list of 31. Staff would
like to investigate the financial and practical aspects of additional suite construction. This includes
design/cost estimating services and the use of all remaining monies in the Arena Project Fund if
construction were to proceed. Suite construction would only be undertaken if the units are
pre-leased. The leases represent the single largest revenue stream to the building. Use of the
balance in the original construction fund to generate more revenue seems prudent.
Item 8i. Acceptance of 1998-99 Transportation Development Act Funds Financial Statement. In
compliance with state law, this item includes the 1998-99 Transportation Development Act Funds
Financial Statement. The financial statement summarizes fiscal activity for the Streets and Roads
Fund and the Bikeway and Pedestrian Fund.
Item 8k. Grant Deed from Castle & Cooke California, Inc. for a lift station located west of Buena
Vista Road. north of White Lane. This grant deed provides the City with a site for construction of
a sewer lift station. The lift station is being constructed as part of the Allen Road Trunk Sewer. It
will be located north of the proposed White Lane extension and west of Buena Vista Road.
Item 81. APProval for the City of Bakersfield to participate in a Complete Count Committee in
partnership with the County of Kern and Kern COG. The City Council approved a letter from Mayor
Price indicating the City's desire to submit a nomination for funding and have Councilmember
Carson serve as the Census Coordinator. This letter made the City's Complete Count Committee
eligible for census funding from the state. Earlier this month the County of Kern invited the City to
participate jointly in a Complete Count Committee. The County and Kern COG have indicated they
are focusing much of their efforts on the population in the urban areas including Bakersfield.
Therefore, it makes sense for the City of Bakersfield to combine our efforts with other agencies.
Both the City and County agree that a separate City committee would be an unnecessary
duplication of effort and inefficient use of resources. Staff is recommending approval of this item
because it is a departure from the City-only approach we indicated at the December 15~h meeting.
If this item is approved, City staff will be attending meetings of the larger Complete Count
Committee later in January.
HONORABLE MAYOR AND CITY COUNCIL
January 21,2000
Page-4-
HEARINGS
Item 9a. Headna to consider oublic testimony to consider a request by Hall Ambulance Service tn
alter the current rate schedule, Hall Ambulance has submitted a request to increase certain
ambulance rates. The major reason for the proposed rate increases includes increases in the cost
of transportation and medical/hospital care and related services as reflected in the Consumer Pdce
Index, They are not recommending any change in the Advanced Life Support charge and Hall
Ambulance Service indicates the rate increases represent a net 1,9% increase across the board
in ambulance charges. Staff is recommending that the Council receive public comment and bdng
the appropriate resolution setting rates back to the Council for consideration pdor to April 1, 2000.
Item 9b. Anneal by Jim Marino reoresentino Gurudwara Sahib of Bakersfield. Inc. of the Board of
Zonin(~ Adiustment's decision to deny a modification to allow a 6-foot high fence in the front yard
where 4 feet is the maximum heioht, on Drooert¥ located in a Rural Suburban zone district at 192,~
Planz Road. This issue concerns an existing six-foot high chain link fence that was illegally installed
at the back of the sidewalk along Planz Road within public right-of-way fronting a church. Evidence
dudng the BZA's (Board of Zoning Adjustment) headng determined that the fence has existed since
the eady 1990's, but when slats were added within the last six months creating a solid-visual barder,
complaints were received by the City from area residents to have the fence removed or brought into
compliance with City regulations (four-feet high if left in the front yard -- six-feet high if moved back
25 feet from the front property line). The applicants stated at the hearing that the fence is
necessary to protect church patrons from recent incidents where rocks and eggs were thrown at
them and to increase overall secudty at the church grounds. Neighboring residents voiced concerns
regarding pedestrian safety and aesthetics.
Staff recommended that the request be denied based on issues concerning pedestrian traffic safety,
and inconsistency with the City's zoning ordinance in that the modification is not necessary for the
improvements on the property. Specifically, the Board was very concerned about the lack of clear
site visibility and its impact on pedestrian and traffic safety. With the fence being at the back of the
sidewalk, pedestrians on the sidewalk could not be seen by people leaving the facilities and cars
would have to pull out into the street before the driver could see oncoming traffic.
Staff continued the hearing to allow the church and neighboring residents to explore if a
compromise could be reached regarding fence location and design. The applicants proposed a
revised plan that would move the fence back from the property line and the sidewalk without any
changes to the fence type and design. The neighbors were opposed to the revised plan and
continued to object to the fence and that it meet ordinance requirements. They did propose a
separate alternative that would remove the slats from the chain link and allow the use of vines as
a solid visual barrier. The BZA did not support either applicants' revised plans or the option
presented by the neighbors, especially since the neighbors preferred the fence be removed.
Therefore, the request was denied. Staff is recommending the appeal be denied, upholding the
decision of the Board of Zoning Adjustment.
REPORTS
Item 10a. City Manaoer Report No. 1-00 re(~ardin(~ State Route 58 Update. Public Works staff will
provide an update on the State Route 58 project.
HONORABLE MAYOR AND CITY COUNCIL
January 21, 2000
Page -5-
Item 10b. City Manager Report No. 2-00 re.qarding dilapidated buildings. Development Services
Director Jack Hardisty will provide an update on City efforts to address Council's concerns regarding
dilapidated buildings in the Union Avenue and Baker Street areas. Staff will explain the process
for abatement of these nuisances.
DEFERRED BUSINESS
Item 11a. Ordinance adding a Chapter to the Bakersfield Municipal Code relating to use of mail
ballot elections under Proposition 218. This ordinance was given first reading on January 12, 2000.
Staff has received no additional comments and recommends adoption of the ordinance.
Item 1 lb. Ordinance adding Sections to the Bakersfield Municipal Code relating to the parking of
vehicles for pumoses of sale and parkin<3 vehicles on unpaved surfaces. This ordinance was given
first reading on January 12, 2000. Staff has received no additional comments and recommends
adoption of the ordinance.
Item 1 lc. Ordinance amendina the Bakersfield Municipal Code and Zonin(~ Maps chanain<~ the
zoninq 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. This
ordinance was given first reading on January 12,200Q Staff has received no additional comments
and recommends adoption of the ordinance.
NEW BUSINESS
Item 12a. Mid-year budqeFrevenue adjustments for road maintenance projects. When the City
Council adopted its revised goals for this year, road repairs were designated as a high priority. Staff
responded t~y proposing a program that accelerated repairs this year with the loan for the repairs
to be paid off from gas tax over the next five years. Contracts for the accelerated road repair
program have been let, but since much of the construction will not take place until spdng, the "loan"
has not yet been made. The purpose of this action is to use improved revenue trends to fund the
road repairs rather than the loan. The benefit is we can then continue annual repair programs with
Gas Tax Funds rather than repaying the loan. Therefore, staff is recommending the appropriation
and transfer of $2.1 million to the Gas Tax Fund and to eliminate the Equipment Management Fund
loan for road maintenance projects.
Item 12b. Discussion and policy direction reqardinq Councilmember attendance at committee
meetinqs when not a member of the committee and associated Brown Act noticing requirements.
At the Council meeting on January 12~, Councilmember Maggard requested that this issue be
placed on the Council's agenda for full Council discussion. The City Attorney has prepared an
opinion on this subject reflecting the 1997 change in the Brown Act which affects this issue.
AT.JWS:jp
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
AGENDA SECTION: Workshop
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: January 14, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Cost Recovery Program Update.
RECOMMENDATION:
BACKGROUND:
State law requires new fees and charges, as well as increases in existing fees and charges, be
adopted by ordinance or resolution following a public hearing. The City's procedure is provided for
in Chapter 3.70 of the Bakersfield Municipal Code which was updated two years ago.
The change in the fee ordinance provided for a biennial review process. This process includes a
thorough review of all fees every two years to check assumptions for labor costs, materials usage,
etc. This review was last performed at the beginning of calendar year 1998. For calendar year 1999,
which was the second or "off year" of the fee cycle and according to the process adopted by the
Council, staff applied a cost of living adjustment to many of the fees. Staff has performed a thorough
review of all fees for calendar year 2000 and is recommending some adjustments to fees in cases
where warranted. This workshop is to give the Council an overview of the proposed changes staff
is recommending to the cost recovery program for calendar year 2000.
January 14, 2000, 1:06PM
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
I
AGENDA SECTION: Workshop I
ITEM: 2. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD
DATE: January 14, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Report on Citizen Attitude Survey and Review of Survey Questions
RECOMMENDATION:
BACKGROUND:
The City Council recently set a goal to conduct a citizen attitude survey. Staff is moving forward to
accomplish that goal, and has hired Research Network Ltd. to develop the survey instrument, conduct the
survey, and analyze the results. We have developed a draft of the questions that would be asked in the
survey. City staff has developed survey questions, with the help of the consultant, that we believe will
provide a broad overview of City services. It is now time for the City Council to review the survey questions
pdor to conducting the survey.
Pam Wooldridge of Research Network Ltd. will be available to answer questions, along with City staff, about
the questions we've included in the draft survey. A short overview of the survey process will also be
presented.
January 19, 2000, 10:26AM
S:~Admin Rpts',Survey v~rkshop 012600.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: January 26, 2000
AGENDA SECTION: Workshop
ITEM: 2. c.
TO:
FROM:
DATE:
SUB,JECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
January 19, 2000
DEPARTMENT H F. AD_~~_
CITY AT"I'ORNEY N/A
ClTY MANAGER ~
Workshop:
An overview of the newly adopted City Emergency Operations Plan and the
role of the City Council dudng such emergencies.
RECOMMENDATION:
BACKGROUND:
kec
Janua~/19, 2000, 8:22.adVl
p:~dmin mport~Eme~ency O~rations Plan
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
I ITEM: 3.a.
AGENDA SECTION: Closed Session
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
December 14, 1999
APPROVED
DEPARTMENT HEAD ,,~/~'~
CITY MANAGER ~
Public Employee Performance Evaluation -- City Attorney
Closed session pursuant to subdivision (a) of Government Code section 54957
RECOMMENDATION:
BACKGROUND:
BJT:iaa
JA26CA1.CS
December 14, 1999, 12;30pm
REPORT
MEETING DATE: January 26, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
January 14, 2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Minutes of the regular Council meeting of January 12, 2000.
APPROVED
N/^
RECOMMENDATION:
BACKGROUND:
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S:\Council\admins~ADMINS\JAN2600.wpd
January 14, 2000, 1:58pm
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
TEM: 8. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 14, 2000
APPROVED
DEPA.TME.T.EAD
CITY MANAGER
Approval of department payments from December 24, 1999 to January 14, 2000 in the
amount of $7,598,544.46 and self insurance payments from December 24, 1999 to January
14, 2000 in the amount of $270,176.50.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,868,720.96.
BACKGROUND:
s:~acctc~ay~adminf~ 1 .wpd
nks
ADMINISTRATIVE REPORT
MEETING DATE: Januan~ 26, 2000
IAGENDASECTION: Consent Calendar I
ITEM NO: 8.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 10, 2000
DEP^m'ME.'r .EAD(
An ordinance addin§ Subsection ^.6. to Section 17.20.020 of'l'itle 17 of the Bakersfield
Municipal Code allowing a church as a permitted use in the C-O (Professional and
A0ministrative Office)zone district. (citywide)
RECOMMENDATION:
Staff recommends that this ordinance be referred to the Planning Commission.
BACKGROUND:
The Urban Development Committee recently discussed allowing a church as a permitted use in
the C-O zone. Presently, the C-O zone only allows a church with a conditional use permit while all
of the other commercial zones allow a church by right. Since churches are somewhat commercial
in nature, the change would not be inconsistent with other uses permitted in the C-O zone.
It is recommended that the Planning Commission review this change for consistency with the
zoning ordinance and general plan, and hold the required public hearing to hear testimony
regarding the appropriateness of this change.
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8- d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jake Wager, Economic Development Director
January 12, 2000
j~VED
DEPARTMENT HEAD~.~
CITY ATTORNEY
CITY MANAGER ~'('~'~
Resolution finding redevelopment assistance necessary to carry out purposes of the
redevelopment plan. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On January 24, the Bakersfield Redevelopment Agency (RDA) was scheduled to act upon an agreement with
a developer to build a 68,300 square foot building and parking facilities at 2000 "K" Street (northeast corner
of 20~h and "K" streets).
With the proposed extension of the Chester Avenue improvements, the RDA sought to bring these
improvements to the 2000 "K" Street project. Seeing that such improvements have significantly improved
pedestrian activity, character, and the image of Chester Avenue, the RDA has asked the developer to include
these off-site improvements along the project's portions of 20th, 21% "K," and "L" streets.
Since the costs of development are higher downtown, the RDA is proposing to reimburse the developer for
costs associated with these off-site improvements from the tax increment generated by the development.
Because the RDA wishes to use its authority to assist in off-site improvements, state law states the Agency
must receive the consent of the City Council (California Health and Safety Code Section 33421.1) This
resolution provides such consent.
DIk:
January 12, 2000, 10:46AM
REPORT
JMEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
ITEM: $.e.
TO: Honorable Mayor and City Council ~ED
FROM: Jake Wager, Economic Development Director DEPARTMENT HEAD
DATE: January 13, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Agreement with Sangera Buick, Inc. for $60,000.00 to provide financial assistance for
equipment related to construction of an automobile sales and service facility. (Ward #7)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Sangera Buick, Inc. (a.k.a. Sangera Autohaus Mercedes-Benz) is an existing business, located in Bakersfield
at 3737 Ming Avenue. Sangera Autohaus has been serving Bakersfield and the Southern San Joaquin Valley
since 1972. Their business has continued to grow and prosper during this time and they are currently
operating at maximum capacity.
Sangera Autohaus is constructing a new 40~000 sq. ft. state-of-the-ad automobile sales and service facility
on 7.5 acres at 5600 Gasoline Alley Drive, in the Bakersfield Auto Mall. Construction will be a pre-engineered
steel structure with a metal roof and wood non-bearing exterior walls. The Mercedes-Benz dealership has
moved into the facility mid January 2000 with a Spring 2000 move in date planned for the Volvo dealership.
To finance the purchase of land and construction of a sales and service dealership facility, Sangera Autohaus
has been approved for a $2,600,000 loan from Wells Fargo Bank, and a $1,000,000 SBA 504 loan from Mid
State Development Corporation. Meghna Sangera, owner of the company, will be contributing $400,000 in
personal cash and land equity toward the project. The proposed City loan is up to $60,000. The total
estimated cost of the facility exceeds $4 million.
The proposed City loan will be used to pay for the purchase of equipment costs for this project. The source
of City funds is Community Development Block Grant monies. The actual amount of the loan is dependent
upon actual charges.
DIk:S:~Admins\council admin boiler wpd
January 13, 2000, 8:10AM
ADMINISTRATIVE REPORT Page 2
A review of the development's economics for the proposed project suggests that the applicant would not be
unduly enriched if the requested City assistance is approved. As a result of the City's assistance, ten new
jobs would be created.
The terms of the assistance would be...
· payment of the cost of equipment estimated to be up to $60,000.
· terms of the agreement would be in the form of a 0 percent interest loan with one balloon payment
at the end of the five years.
· the security for the loan would be a personal guarantee by the applicant.
· the company would be required to have 5t% of all new hires be Iow- and moderate-income
individuals.
· the company would be required to enter into a first source hiring agreement with Employers' Training
Resource.
· if at any time during the five year term of the agreement, the company is not in full compliance with
all terms of the agreement and fails to make an effort to comply, the company will need to repay the
total amount loaned.
This project would create additional investment and employment activity in southwest Bakersfield on a site
that has been vacant.
DIk:S:~Admins\council admin boiler.wpd
January 13, 2000, 8:10AM
ADMINISTRATIVE
REPORT
rMEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. f.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 7, 2000
DEPARTMENT HEAD
CITY ATTORNEY
c,w MANAGER
The Metropolitan Bakersfield 2010 General Plan Update and Program Environmental Impact
Report (EIR). (Wards 1 through 7)
Memorandum of Understanding between the City and Kern County to share the
responsibility of overseeing the work performance and costs associated with preparing
the 2010 General Plan Update and EIR and appropriating $77,755 Kern County
contribution to the Development Services Department operating budget in the General
Fund.
Agreement between Robert Bein, William Frost & Associates and the City of
Bakersfield for $155,510 to prepare the Metropolitan Bakersfield 2010 General Plan
Update and Program Environmental Impact Report (EIR).
RECOMMENDATION:
Staff recommends acceptance of agreements.
BACKGROUND:
City - County Memorandum of Understanding
This Memorandum of Understanding sets forth the scope of responsibility for documents, data
collection and review of work by consultant along with a share in the costs associated with the General
Plan Update and EIR.
The County shall contribute $77,755 which is half of the total cost for the consultant to prepare the
2010 General Plan Update and EIR.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of the Metropolitan Bakersfield
2010 General Plan Update and Program ELF[.
January 7, 2000, 4:49PM
ADMINISTRATIVE REPORT
The city with concurrence from the County Planning staff have selected Robert Bein, William Frost &
Associates (RBF) to prepare the Metropolitan Bakersfield 2010 General Plan Update and Program
Environmental Impact Report (EIR).
The project has the potential for significant individual and cumulative impacts. The project has
potentially significant cumulative environmental impacts and the preparation of an EIR is necessary
for this project.
(MO:pjt)
(admin\jan\1*26-2010)
January 7, 2000, 4:49PM
ADMINISTRATIVE
REPORT
IMEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Raul Rojas, PublicWo~s Director
January 13,2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAG E"~'~
Multi-Agency Aerial Imagery Co-Operative Agreement:
1. Memorandum of Understanding with KemCog as Lead Agency for Multi-Agency Aerial imagery
Co-Operative Agreement - (City's portion not to exceed $67,200).
2. Appropriate $37,200 fund balance to the Capital Improvement Budget within the Transportation
Development Fund.
3. Appropriate $20,000 fund balance in the Sewer Enterprise Fund to the Capital Improvement
Budget within the Transportation Development Fund.
4. Transfer $10,000 from the operating budget in the Agricultural Water Fund to the Capital
Improvement Budget within the Transportation Development Fund. (All Wards)
RECOMMENDATION:
Staff recommends approval of Agreement (Memorandum of Understanding-MOU)
and appropdations.
BACKGROUND: This administrative report provides for a multi-agency agreement, with the Kern Council of
Governments (KernCog) as the lead agency, to purchase aerial imaging of the Kern County area.
The City of Bakersfield relies upon up-to-date aedal photography to perform their day to day work activities. The
last set of aedat photographs taken of the city are nearly five years old. With the City growing as quickly as it has,
Bakersfield must have its aedal photographs updated on a regular basis.
Aerial imagery affords much better resolutions that the aerial photography used in the past, but is more costly.
Approximately 18 agencies (see attached) in Kern County are collaborating to share in the cost of digital aerial
imagery of the Kern County area. This would yield a reduced price for each agency by eliminating overlapping
purchases by local governments. TheCityofBakersfield'sshareisestimatedat$67,200.00. TheCountyofKern
is contributing the equivalent of $72,000. All the agencies contributing to the cost of the high resolution imagery
will have access to all of the imagery. If the City were to obtain the imagery for the Metropolitan area by itself, the
January 20, 2000, 10:1Sam
G:\GROUPDAT\ADMINRPT\2000\January 26~Aerial Imagery MOU.wpd
ADMINISTRATIVE REPORT Page 2
cost would exceed $200,000. The resulting aerial images will be able to be incorporated into the City's GIS
database and will provide useful planning information,
This MOU designates KernCog as the lead agency for this project. KemCog will prepare and disseminate the
Requests for Proposals for aedal imagery of the Kern County Area. A consultant selection committee will review
the responses and make a recommendation to the KemCog Board, The KemCog Board will make the final
selection.
Staff recommends funding $10,000 of the aerial imagery cost with Water Department funds and $20,000 of sewer
Enterprise Funds. The Water Department's share of the project cost is currently included in their operating budget.
This administrative report transfers the appropriation to the Transportation Development Fund. The remainder is
an eligible Transportation Development Fund expense.
January 20, 2000, 10:18am
G:\GROUPDAT\ADMiNRP'IA2000\January 26~,erial imagery MOU,wpd
ADMINISTRATIVE
REPORT
rMEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 14, 2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Contract Change Order No. 3, $25,000.00, to Agreement No. 96-355 with C. A. Rasmussen
& Company, for Panama Lane Overcrossing Widening at S.R. 99 (Ward 7)
2. Appropriate $25,000.00 fund balance to the Capital Improvement budget within the
Transportation Development Fund
RECOMMENDATION: Staff recommends approval of the contract change order and appropriation.
BACKGROUND: C.A. Rasmussen & Company was the prime contractor on the Panama Lane Overcrossing
Widening Project (Contract No. 96-355 dated December 18, 1996) which was completed February 5, 1998.
Subsequent to completion, the contractor submitted a demand for an additional payment of $760,186.44 for
alleged "extra" work and hardships resulting from City interference with its operations under the contract. An
internal review revealed an additional $16,625.86 to which the contractor was arguably entitled.
Subsequent to lengthy negotiations, a settlement of all claims was reached for the total sum of $25,000.00.
Appropriation of these funds is necessary as there are insufficient funds in this contract for the proposed
settlement.
MGA:lsc
S:\COUNCIL~Admins\RasmussenChangeOrder3.wpd
JA26CA,CC
January 14, 2000 (3:16pm)
ADMINISTRATIVE
REPORT
IMEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 14, 2000
APPROVED
DE PARTM ENT H EAD.,.~'~~'''
C, A rOR.E
MA.AGER
Appropriate $58,360 Fund Balance and $9,640 Miscellaneous Revenue to the Capital
Improvement Budget within the Arena Project Fund for additional improvements. (~/ard 2)
RECOMMENDATION:
Staff recommends appropriation of monies available in the Arena Project Fund for possible additional suite
planning and construction.
BACKGROUND:
The Centennial Garden Arena was constructed with twenty-four suites. There is currently a waiting list of
thirty-one. Staff would like to investigate the financial and practical aspects of additional suite construction.
This would necessitate design/cost estimating services and the use of all remaining monies in the Arena
Project Fund if construction were to proceed. Suite construction will only be undertaken if the units are pre
leased. The leases represent the single largest revenue stream to the building. Use of the balance in the
original construction fund to generate more revenue seems prudent.
GJK/dwb
Janua~ 14, 2000, 10:05am
S:\Darrin\Gregory~,dmin - ArenaProject - Jan 13.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8.j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 13, 2000
DEPARTMENT HEAD ,/~
CITY ATTORNEY ~"~ ' -
CITY MANAGER ~
Acceptance of 1998-99 Transportation Development Act Funds Financial Statement.
RECOMMENDATION: Staff recommends acceptance of the financial statements.
BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations, the
California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the
attached financial statements for the Transportation Development Act Funds were prepared for the fiscal
year ending June 30, 1999.
The financial statement summarizes fiscal activity for the Streets and Roads Fund, and the Bikeway and
Pedestrian Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The
audit firm of Brown Armstrong Randall and Reyes has issued an unqualified opinion.
PW-GL:mrp
January 13, 2000, 9;52AM
G:\GROUPDA15ADMIN RPT~2.000~Jan uary 26\TransDevAct.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 12, 2000
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER ~
Grant Deed from Castle & Cooke California, Inc. for a lift station located west of Buena Vista
Road and north of White Lane. (Ward 4)
RECOMMENDATION: Staff recommends acceptance of the Grant Deed.
BACKGROUND: This Grant Deed provides the City with a site for construction of a sewer lift station.
The Lift Station is being constructed as part of The Allen Road Trunk Sewer. It will be located north of the
proposed White Lane extension and west of Buena Vista Road.
G:\GROUPDAT\ADMINRPT\2000~January 26\Dedication of Propert~.wpd
January 12. 2000 (8:25AM)
TD/mm
ADMINISTRATIVE
REPORT
IMEETING DATE: January 26, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8.'i.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Chdstensen, Assistant City Manager DEPARTMENT HEAD ~
DATE: January 14, 2000 CITY ATTORNEY ~--'~'~
CITY MANAGER ~
SUBJECT:
Approval for the City of Bakersfield to participate in a Complete Count Committee in
partnership with the County of Kern and Kern COG.
RECOMMENDATION:
Staff recommends approval to join the Complete County Committee
BACKGROUND:
The local office of the Bureau of the Census submitted a letter dated December 13, 1999 to Council member
Irma Carson. The letter requested the Mayor's office provide a letter verifying that Council member Carson
would serve as the Census Liaison/Coordinator for the City's Complete County Committee for Census 2000.
After approval by the Council on December 15, 1999, a letter from Mayor Pdce indicating the City's desire
to submit a nomination for funding and have Council member Carson serve as the Census Coordinator was
sent to the Governor's Office. This letter made the City's Complete County Committee eligible for census
funding from the State.
The Govemor's staff has indicated that approximately 4 million people, or 1.6% of the population were not
counted in the last census taken in 1990. This year about $24,000 of state grant funds will be available for
use by the City's Complete County Committee. The funds are to be used for outreach and promotion
activities to ensure "that California's true population count will be accurately reflected."
Eadier this month, the County of Kern invited the City to participate jointly in a Complete Count Committee.
The County and Kern COG have indicated that they are focusing much of their efforts on the population in
the urban areas, including the City. Therefore, it makes sense for the City of Bakersfield to combine our
efforts with the other agencies. Both the City and the County agree that a separate City committee would
be an unnecessary duplication of effort and an inefficient use of resources. Staff is recommending approval
of this item because it is a departure from the City-only approach we indicated at the December 15th meeting.
If this item is approved, City staff will be attending meetings of the larger Complete Count Committee later
in January.
January 14, 2000, 10:48AM
S:~AC~Admin Rpts\Complete Count 012600.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: January 26, 2000
AGENDA SECTION: Hearings
ITEM: 9.a.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
DATE: January 14, 2000 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Headng to consider public testimony to consider a request by Hall Ambulance Service to alter
the current rate schedule.
RECOMMENDATION: Receive public comment and bring a resolution setting rates back to Council for
consideration prior to April 1, 2000.
BACKGROUND:
The Ambulance Regulation Ordinance requires ambulance companies to submit their proposed rates by
January 1st each year and that a public hearing be conducted within 60 days. The Council may increase,
decrease, accept or alter the charges as submitted by ambulance service providers. The new rates are to take
effect on April 1st following the public hearing and upon adoption of a resolution by the City Council setting
the rates.
The City Manager has received a request from Hall Ambulance Service within the January 1st deadline. Hall
Ambulance has provided background information regarding the need for the increases. Major reasons for the
proposed rates include increases in costs of transportation and medical/hospital care and related services as
reflected in the Consumer Pdce Index (CPI). Staff has noticed the public hearing with the following proposed
rate schedule:
Current Prooosed Increase
Basic Life Support ("BLS")
(Includes prescheduled non-emergency
responses when ALS procedures are not
requested or provided)
$ 342.00 $ 357.00 +$15.00
Advanced Life Support ("ALS")
(includes all 911 responses, responses not
pre-arranged within two hours of ambulance
dispatch time and non-emergency responses
when ALS services are specifically requested
or provided)
$ 575.00 $ 575.00 No change
January 19, 2000, 8:52AM
ADMINISTRATIVE REPORT Page 2
Current Proposed Increase
Mileage
(Per mile from pick-up point to delivery
point)
$15.00 $16.00 +$1.00
Night Charge
(7:00 p.m. to 7:00 a.m.)
$ 67.00 $ 70.00 +$ 3.00
Emergency Response
(911 responses and code 3 use during
response or transport for private
emergency calls)
$ 50.00 $ 52.00 +$ 2.00
Oxygen
(Per cylinder or portion thereof used)
$ 57.00 $ 57.00 No change
Disposable Supplies
(No change requested)
(Disposable supplies include any, and all advanced life support ("ALS") or basic life
support ("BLS") supplies utilized during patient treatment, and any drugs and
medications included within the Kern County EMS scope of practice and within the
Medicare reimbursement list. This excludes item(s) restocked by hospitals or provided
by certified first responders, unless the item(s) used by certified first responders are
replenished by ambulance providers. Charges shall be itemized and the maximum
charge for ALS or BLS medical supplies shall be $100.00 and the maximum charge for
those drugs and medications included within the Kern County EMS scope of practice
and within the Medicare reimbursement list shall not exceed $275.00. The total amount
charged under this category shall not exceed $375.00 )
Hall Ambulance Service indicates these rates represent a net 1.9% across the board increase in ambulance
charges. Staff recommends that the Council receive public comment and bring the appropriate resolution
setting rates back to Council for consideration prior to April 1, 2000.
S:~JOHN~AMB~Ambulance Rate Administrative Report 2000.wpd
January 19, 2000, 8:54AM
ADMINISTRATIVE REPORT
MEETING DATE:
Januaw 26,2000
AGENDA SECTION: Hearings
ITEM NO: 9.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 10, 2000
DEPARTMENT HEAD (v.~ ~_
CITY ATTORNEY ~_~
CITY MANAGER
Appeal by Jim Marino representing Gurudwara Sahib of Bakersfield, Inc. of the Board
of Zoning Adjustment's decision to deny a modification (File No. P99-0741 ) to allow a
6-foot high fence in the front yard where 4 feet is the maximum height, on property
located in an R-S (Rural Suburban) zone district at 1925 Planz Road. (Ward 7)
RECOMMENDATION:
Staff recommends that the appeal be denied upholding the decision of the Board of Zoning
Adjustment.
BACKGROUND:
The issue concerns an existing 6-foot high chain-link fence that was illegally installed at the back
of the sidewalk along Planz Road within the public right-of-way fronting a church. Evidence during
the BZA's hearing determined that the fence has existed since the early 1990's, but when slats
were added within the last six months creating a solid visual barrier, complaints were received by
the city from area residents to have the fence removed or brought into compliance with city
regulations (4 feet high if left in the front yard - 6 feet high if moved back 25 feet from the front
property line).
The applicants stated at the public hearing that the fence is necessary to protect church patrons
from recent incidents where rocks and eggs were thrown at them and to increase overall security
of the church grounds. Neighboring residents that objected to the fence voiced concerns
regarding pedestrian safety and aesthetics. Staff recommended that the request be denied based
on issues concerning pedestrian and traffic safety, and inconsistency with the city's zoning
ordinance in that the modification is not necessary for the improvements on the property.
During the course of discussion, the Board was very concerned about the lack of clear sight
visibility and its impact upon pedestrian and traffic safety. With the fence being at the back of the
sidewalk, pedestrians on the sidewalk could not be seen by people leaving the facility, and cars
ADMINISTRATIVE REPORT Page 2
would have to pull out into the street before the driver could see oncoming traffic. However, the
Board was also sympathetic to the issues noted by church representatives and continued their
hearing to allow the church and neighborhood residents to explore if a compromise could be
reached regarding the fence location and design.
The applicants brought back to the BZA a revised plan that proposed to move the western portion
of the fence to the property line (approximately six feet behind the sidewalk) and install new
landscaping. This still allowed them to retain an area behind the fence in front of the main temple
and library (smaller building to the west) for patrons to enter and exit the buildings. The eastern
portion of the fence was proposed to be moved approximately 20 feet behind the sidewalk. This
area is already landscaped with turf and trees which would be in front of the fence, and it allowed
the existing monument sign to be seen. The applicants did not propose any changes to the fence
type and design (it would remain chain-link with white slats).
The neighbors were given an opportunity by the applicants to review the revised plan before the
BZA's continued hearing. At the hearing, the neighbors stated that their primary position was to
continue objecting to the fence and that it meet the minimum ordinance requirements. However,
they did propose a separate alternative for consideration if the BZA was leaning toward approving
the request that removed the slats and allowed use of vines if a solid visual barrier was desired.
The BZA did not support either the applicants' revised plan or the option presented by the
neighbors, especially since the neighbors preferred the fence to be removed. Therefore, the
request was denied.
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000 AGENDA SECTION: Reports
ITEM: ].0.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 20, 2000
DEPARTMENT HEAD
CITY ATTORNEY.~'~
CITY MANAGER ~*~1'~_
City Manager Report No. 1-00 regarding State Route 58 Update (Public Works Director Raul
Rojas).
RECOMMENDATION: Staff recommends receive and place on file.
BACKGROUND: Public Works staff will give an update on the State Route 58 project.
RR:mrp
January 20, 2000, 9:49AM
G:\GROU PDAT\ADMINRPT~2000~Ja nuary 26\Fwy58Update,wpd
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000 AGENDA SECTION: Reports
ITEM: 10.b.
TO: Honorable Mayor and City Council APPROVED
FROM: Development Services - Building DEPARTMENT HEAD --~/---'-
DATE: January 19, 2000 CITY ATTORNEY
SUBJECT:
CITY MANAGER
City Manager Report No. 2-00 regarding dilapidated buildings. (Citywide)
RECOMMENDATION: Staff recommends acceptance of report.
BACKGROUND: Council members have expressed concern over the dilapidated condition of several
buildings. A report is being prepared which will use some of those buildings as examples to explain the
process available for the abatement of dangerous, substandard and blighting properties.
kdm
January 20, 2000, 9:55AM
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
AGENDA SECTION: Deferred Business
ITEM: 11.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
January 13, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY 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 adoption of ordinance.
BACKGROUND:
First reading of this ordinance was at the January 12, 2000, council meeting.
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 ejections required by Article XIII 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 Dalso authorizes a ballot proceeding for the 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.
S:\COU NClL~Admins~AII-MailElectionOrd. Adm wpd
RMS:dlr
January 13, 2000 (4:45pm)
JA26.CA.CC
ADMINISTRATIVE REPORT Page 2
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.
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 rolls (in any mail ballot election, a certain
number of ballots are returned undeliverable thereby purging stale and outdated election tells). Additionally,
results are posted earlier in the evening because vote tallying occurs as mail ballots are received.
S:\COU NCIL~Admins~AII-MailElectionOrd,Adm wpd
RMS:dlr
January 13, 2000 (4:45pm)
JA26.CA.CC
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
AGENDA SECTION: Deferred Business
ITEM: ].]., b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Building
January 12, 2000
?AI~ROyED
DEPARTMENT
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 adoption of the ordinance.
BACKGROUND: First reading of this ordinance by the City Council occurred on January 12, 2000.
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 private 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 wilt
apply as noted above.
January 12, 2000, 1:16PM
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
AGENDA SECTION: Deferred
ITEM: ll.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 5, 2000
DEPARTMENT H EAD___//~
CITY ATTORNEY
CITY MANAGER
Zone Change 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 adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on January 12, 2000.
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.
January 5, 2000~ 11:22AM
ADMINISTRATIVE REPORT Page 2
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.
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)
(admin\jan\1-22-0743-2)
January 5, 2000, 11:18AM
ADMINISTRATIVE
REPORT
IMEETING DATE: January 26, 2000
AGENDA SECTION: New Business
ITEM: 12.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
John W. Stinson, Assistant City Manager
January 19,2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Mid-year budget/revenue adjustments for road maintenance projects.
Appropriate and transfer of $2,100,000 ( $401,323 state ERAF relief, $714,431 state
booking fee reimbursements, and $984,246 Vehicle License revenues) to the Gas Tax
Fund and eliminate Equipment Management Fund loan for road maintenance projects.
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND:
VVhen the City Council adopted its revised goals for this year, road repairs were designated as a high priority.
Staff responded by proposing a program that accelerated repairs this year with the loan for the repairs to be
paid off from gas tax over the next five years.
Contracts for the accelerated road repair program have been let, but since much of the construction will not
take place until spring, the "loan" has not yet been made.
The purpose of this action is to use improved revenue trends to fund the road repairs rather than the loan.
The benefit is we can then continue annual repair programs with gas tax funds rather than repaying the loan.
Subsequent to the adoption of the FY 1999-2000 final City budget there have been several significant
revenue changes and state budget decisions made which have resulted in increased City revenues.
The adoption of the state budget has resulted in the following revenue changes:
An allocation of funds through AB 1661, the Local Govemment Relief Package, which allocated funds
to local government for ERAF shifts on a per capita basis and based upon the share of ERAF funds
previously shifted to the state. The City received $512,510 from the per capita ERAF share and
$88,190 from the ERAF share based shift. These funds were received in October and $199,377 of
these funds have been used by Council to replace funds used from Council Contingency. A balance
of $401,323 remains uncommitted of these funds. AB 1661 provided this ERAF relief only for the
current fiscal year so these funds should be considered a non-recurring (one-time) revenue.
January 19, 2000, 11:07AM
ADMINISTRATIVE REPORT Page 2
The City received funds pursuant to AB 1662 for reimbursement of Booking Fees of $714,431. This
reimbursement is intended to replace funds previously shifted by the state from local government to
fund state programs. This legislation provides for a continuing appropriation for these subventions
to the City; however, since this subvention is not currently budgeted in this fiscal year, this amount
should be regarded as a one-time revenue for this fiscal year. Additionally, there remains a possibility
that the state could discontinue the subvention. Therefore, it is prudent to consider this revenue
source as one-time money.
In addition to the state budget actions, the City is receiving more positive than projected revenues from motor
vehicle license fees. This is due to increased vehicle sales activity over the past six months. This will result
in approximately $1 million in additional revenue to the City. Several things should be considered regarding
this revenue source. Auto sales tend to be cyclical in nature and thereby are not a dependable recurring
revenue source. This jump in auto sales is not consistent with the normal trend for this revenue source and
may be an aberration resulting from an extremely strong economy both locally and nationwide. Additionally,
vehicle license fees have been reduced more than once by the state and they have made up the revenue
loss to cities by backfilling it with other state revenues which are subject to economic fluctuations and the
winds of political change. This subvention by the state makes this revenue source less secure as the state
could reduce it at their discretion. Therefore, it may be prudent to consider this a one-time increase in this
revenue source.
Upon reviewing the current budget and recognizing the City Council's goal of increasing the priority and
amount of funds for road repairs and improvements, it is recommend that the additional funds noted above
be used to eliminate the $2.1 million loan from the Equipment Fund to the Gas Tax Fund. This would have
several benefits. First, it would eliminate future annual debt payments from the Gas Tax Fund of
approximately $500,000 per year for the next five years. That would free up Gas Tax monies in those future
years for additional street and road repairs, road and traffic signal construction projects. Eliminating the loan
would also save interest costs of approximately $400,000 over the life of the loan. Additionally, it is important
to have gas tax funds available to use as matching funds should state or federal transportation monies
become available.
Therefore, staff recommends the appropriation and transfer of $2,100,000 ( $401,323 state ERAF relief,
$714,431 state booking fee reimbursements, and $984,246 Vehicle License revenues) to the Gas Tax Fund
and to eliminate Equipment Management Fund loan for road maintenance projects.
S:~OHN\Budget\Budget Amendments re Road Fundsl.wpd
January 19, 2000, 11:07AM
ADMINISTRATIVE
REPORT
MEETING DATE: January 26, 2000
JAGENDA SECTION: New Business
ITEM: ].2.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
January 14, 2000
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER _(~_1'~
Discussion and policy direction regarding council member attendance at committee meetings
when not a member of the committee, and associated Brown Act noticing requirements
RECOMMENDATION:
Staff recommends discussion and direction by Council.
BACKGROUND:
During the City Council Meeting of December 12, 1999, a question was posed whether a City Council
member who was not an appointed member of a standing committee could legally attend a meeting of that
standing committee. A response was provided that such a Council member could legally attend but only as
an observer and could not participate in the meeting. Subsequently, at the Council Meeting of January 12,
2000, Council member Maggard requested this issue be placed on the Council's agenda for full Council
discussion.
Due to potential confusion that could exist, a revised City Attorney Opinion on this subject has been
prepared reflecting the 1997 change in the Brown Act. A copy of this revised opinion is attached as
background for the Council's discussion.
S:\COU NClL~Admins\CommMtgAttend wpd
BJT:laa
JA26CA1.NB
January 14, 2000, 12:47pm