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HomeMy WebLinkAbout02/23/2000 AGENDA PACKET(10 min) (10 min) (15 min) BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 23, 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 2. WORKSHOP a. Proposition 13 (Water Bond) Update. (Water Resources Manager Gene Bogart) b. Proposition 12 (Park Bond) Update. (Recreation and Parks Director Stan Ford) c. Report of Results from Survey of Public School Students. (Recreation and Parks Director Stan Ford) CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Subdivision (b) of Government Code Section 54956.9, (one case). This Closed Session is authorized pursuant to Section 54956.9(b)(3)(B) of the Government Code. REGULAR MEETING 1. INVOCATION by Cher Pannefl, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Kern County Supervisor Ken Peterson regarding the Citizens Annexation Committee. b. Presentation by Fire Chief Ron Fraze of a plaque to Alton Henry for the rescue of a neighbor during a house fire. 6. PUBLIC STATEMENTS (Ward 5) (Ward 7) (Ward 7) (Ward 4) (Ward 1) (Ward 4) (Ward 1 ) APPOINTMENTS CONSENT CALENDAR Minutes: a. February 9, 2000 Council Meeting, Payments: Payments from January 29, to February 11,2000 in the amount of $3,725,626.09; and Self Insurance payments from January 29, to February 11,2000 in the amount of $142,377.05. Resolutions: Resolution appropriating $13,200 (Asset Forfeiture Funds) to the Police Department Operating Budget in the General Fund for the purchase ofone police service dog, its training, necessary kennel facilities and equipment. 1. Contract with Dog Training Center of California, Inc., $10,800 for the purchase of a police dog and training. Resolution confirming the separation and distance requirements within Bakersfield Municipal Code Section 17.69.040. Resolution reaffirming Council's opposition of the Southern (Westpark) Freeway Alignment connecting State Route 58 to the proposed Kern River Alignment. Agreements: Tract Maps/Improvement Agreements: 1. Final Map and Improvement Agreementwith Syroli IV for Tract 5895, Phase 3, located west of South H Street, south of White Lane. 2. Final Map and Improvement Agreement with Syroli IV for Tract 5695, Phase 4, located west of South H Street, south of White Lane. 3. Final Map and Improvement Agreements with Coleman Homes, inc., for Tract 5658, Unit 4, located west of Calloway Drive, south of Noriega Road. Agreement to indemnify LAFCO for City Annexation No. 406, Proceeding 1271, located at the northeast corner of Pacheco Road and Eve Street. Agreement to indemnify LAFCO for City Annexation No. 407, Proceeding 1274, located north of Rosedale Highway, east of Coffee Road. Agreement to indemnify LAFCO for City Annexation No. 408, Proceeding 1272, located at the southwest corner of Washington Street and Feliz Drive. -2- (Ward 2) (Ward 4) (Ward 2) CONSENT CALENDAR continued Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Services in the amount of $40,000 to be paid from the Self-Insurance Workers' Compensation Fund. Agreement with Rossetti Associates Architects, $48,500 to provide schematic design drawings and outline specifications to add 19 additional suites, support spaces and a new stair to the west side of the Centennial Garden Arena. Consultant Agreement with BSK & Associates, $170,320 to provide materials testing services for two years. Memorandum of Understanding between Recreation and Parks Department and the Greenfield HELPS Collaborative - Greenfield Union School District. Amendment No. I to Agreement No. 96-245 with Hall Ambulance Service, Inc. for participation in City of Bakersfield Traffic Signal Preemption System. Amendment No. 7 to Agreement No. 96-309 with Daley & Heft for legal services in the matter of City of Bakersfield vs. U.S. Fire Insurance Company, et al. and appropriate and transfer $175,000 futura insurance proceeds from the Self Insurance Fund to the City Attorney's Operating Budget in the Refuse Fund to pay for attorneys' fees. Bids: Award Contract to Brown & Fowler, $404,532.07 for the construction of Allen Road Trunk Sewer White Lane Lift Station. q. Accept bid from Jim Burke Ford, $43,912.64 for two additional police sedans. Accept bids from L.N Curtis & Sons, $56,965.84; AIIstar Fire Equipment, $10,774.44; and Cascade Fire Equipment, $3,243.97 for miscellaneous equipment to equip three replacement Fire Department pumpers. Total $70,984.25 Accept bids from Mobile Man (4 items); Micro World (3 items); R&M Enterprises (3 items); Inacom (1 item); Socrates Computer Systems (1 item); and Wareforce (1 item) for personal computer and related replacement equipment, not to exceed $150,000. Accept bid from Valley Printers for four issues of the activity brochure for Recreation and Parks, not to exceed $162,518.40. Miscellaneous: Bakersfield Redevelopment Agency's adoption of a 5-year Implementation Plan for the Downtown Bakersfield Redevelopment Project Area. (Wards 1,2,5,7) (Ward 1 ) (Ward 4) CONSENT CALENDAR continued Authorization of the Adopt-An-Area Program under the beautification program certified by Keep America Beautiful, Inc., and approval of form Adopt-An-Area contracts. Authorization to send consent letter of Time Warner, Inc., and America Online, Inc., merging to create AOL Time Warner, Inc. Appropriate $20,800 State Grant revenue to the Fire Department Operating Budget within the General Fund for Y2K preparedness and related emergencies. Appropriate and transfer $121,000 tax increment and other revenue for the Central District Project Area to the Redevelopment Operating Budget for transfer to the Housing Set Aside Fund ($21,000) and the Debt Service Fund ($100,000). Appropriate $1,500 insurance Company Grant to the Fire Department Operating Budget within the General Fund for an accelerant detector. Staff recommends adoption of Consent Calendar Items a. through z. HEARINGS a. 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. b. Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Staff recommends adoption of resolution. c. Resolution approving City Annexation No. 406, Proceeding No. 1271, located at the northeast corner of Pacheco Road and Eve Street. Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield. d. Resolution approving City Annexation No. 407, Proceeding No. 1274, located north of Rosedale Highway, east of Coffee Road. Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield. -4- (Ward 1) 10. HEARINGS continued e. Resolution approving City Annexation No. 406, Proceeding No. 1272, located at the southwest corner of Washington Street and Feliz Drive. Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield. REPORTS a. Budget and Finance Committee Majority and Minority Reports regarding funding request for new Kern County Airport Terminal. Budget and Finance Committee Majority Report No. 1-00 2. Budget and Finance Committee Minority Report No. 2-00 Budget and Finance Committee recommends acceptance of the reports. 11. (Ward 4) (Ward 4) DEFERRED BUSINESS Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code retating to the Board of Zoning Adjustment. (First reading 2/9/00) Legislative and Litigation Committee re;commends adoption of ordinance. Ordinance adding Section 12.56.055 of the Bakersfield Municipal Code relating to expulsion from recreational facilities. (First reading 2/9/00) Staff recommends adoption of the ord,¢nance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map by changing the zoning from Agriculture, 20 acre minimum, to One Family Dwelling on 56.73 acres for property located at the northwest corner of Noriega Road and Jewetta Avenue. (ZC P99-0701 ) (First reading 2/9/00) Staff recommends adoption of ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map from Agriculture to One Family dwelling on 5 acres, for property located on the west side of Renfro Road, south of Johnson Road, on the north side of the future Kern River Freeway alignment. (ZC P99-0867) (First reading 2/9/00) Staff recommends adoption of ordinance. 12. NEW BUSINESS -5- 15. 14, COUNCIL STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy ~*~-~-~ City Manager S:\CounciI~AGENDA~FEB2300.wpd February 16, 2000 (1:17pm) -6- B A K E R S F I E L D MEMORANDUM TO: FROM: THROUGH: SUBJECT: FEBRUARY 11, 2000 HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ~;~ ~//~' ALAN TANDY, CITY MANAGER ' ,-. AGENDA HIGHLIGHTS- FEBRUARY 23, 2000, COUNCIL MEETING PRE-MEETING There are three workshops scheduled: 1) An update of Proposition 13 by Water Resources Manager Gene Bogart; 2) An update of Proposition 12 by Recreation and Parks Director Stan Ford; and 3) A report of the Recreation and Parks Master Plan by Recreation and Parks Director Start Ford. There is one closed session item regarding anticipated litigation. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution appropdatinq $13,200 Asset Forfeiture Funds to the Police Department Operating Budqet in the General Fund, and contract with Do9 Training Center of California, Inc.,in the amo~nt of $10,800. The appropriation is needed to cover the expense of the police dog, its training, and necessary kennel facilities. $10,800 will be used to purchase and train the dog, and the remaining $2,400 will be used for construction of facilities. This dog will be purchased from and trained through Dog Training Center of California, Inc. Purchasing the dog, including training, will not exceed $10,800 dollars. Item 8d. Resolution confirminq the separation and distance requirements within Bakersfield Municipal Code Section 17.69.040. Staff was directed to re-sur~ey the City to determine whether the current separation and distance requirements for adult entertainment businesses from residential zones provided for under the Municipal Code comport with legal requirements. The study was done with the recognition that studies in other jurisdictions have concluded there are potential secondary effects associated with the location of adult entertainment businesses. As a result of our analysis, it was found that under the current spacing requirements, there are no fewer than 10 additional sites available for adult entertainment businesses within the City. This resolution accepts the study and ratifies a finding that these 10 sites, plus the three current sites being used for adult entertainment businesses, constitute a reasonable number of aw~ilable sites as required by law. HONORABLE MAYOR AND CITY COUNCIL February 11, 2000 Page -2- Item 8e. Resolution reaffirming Council's opposition of the Southern (Westpark) Freeway Alignment connecting State Route 58 to the proposed Kern River Alignment. The southern connection of the proposed Kern River Freeway alignment traverses an area in the City south and east of California Avenue and north of Stockdale Highway, known as Westpark. Westpark residents were concerned that the proposed freeway alignment bisects their neighborhood and would detrimentally affect the value of homes that remain in the area should the proposed freeway be constructed. On September 7, 1994, Council adopted a resolution opposing this proposed alignment. At the February 9, 2000, Council meeting, Council requested that staff prepara a resolution reaffirming Council's opposition to the Westpark freeway alignment connecting State Route 58 to the proposed Kern River Freeway. Agreements: Item 8g. Agreement to indemnify LAFCO for City Annexation No. 406, located at the northeast corner of Pacheco Road and Eve Street. LAFCO adopted a resolution on January 25, 2000, with a condition that the City sign an agreement to indemnify LAFCO prior to the issuance of a Certificate of Completion for the annexation. The annexation area consists of 12.55 acres of uninhabited land located at the northeast corner of Pacheco Road and Eve Street. Item 8h. Aqreement to indemnify LAFCO for City Annexation No. 407, located north of Rosedale Highway, east of Coffee Road. LAFCO adopted a resolution on January 25, 2000, with a condition that the City sign an agreement to indemnify LAFCO prior to the issuance of a Certificate of Completion for the annexation. The annexation area consists of 0.97 acres of uninhabited land located north of Rosedale Highway, east of Coffee Road Item 8i. Aqreement to indemnify LAFCO for Citv Annexation No 408, located at the southwest comer of Washington Street and Feliz Ddve. LAFCO adopted a resolution on January 25, 2000, with a condition that the City sign an agreement to indemnify LAFCO prior to the issuance of a Certificate of Completion for the annexation. The annexation ;area consists of 42.62 acres of uninhabited land located at the southwest corner of Washington Street and Feliz Drive. Item 8j. Agreement with the Law Offices of Hanl~a, Brophy, MacLean, McAleer and Jensen for Workers' Compensation Leqal Services in the amount of $40,000. The City continues to retain this law firm to assist in complex workers' compensatio~'~ matters. Don Powelson, an attorney from that office has represented the City on some of the most difficult and complex workers' compensation cases over the years. The City Attorney's office estimates this firm has saved the City over $400.000 in workers' compensation benefit payments since 1995. Hanna, Brophy's rates are currently at $120 per hour, while one would be normally be charged $150 to $200 per hour for similar services involving this level of expertise. The fees paid by the City to Hanna, Brophy are approaching the current contract limit of $40,000. Therefore, it is appropriate to have the City Council approve another contract. Funds are available in the Risk Management budget for this purpose. Item 8k. Agreement with Rossetti Associates Architects to add 19 additionar suites, support spaces and a new stair to the west side of the Centennial Garden Arena in the amount of $48,500. This agreement sets the terms and conditions to develop schematic design drawings, and outlines specifications to add 19 additional suites, support spaces and a new stair to the west side of the Centennial Garden Arena. This package will include architectural, electrical, mechanical and structural elements. HONORABLE MAYOR AND CITY COUNCIL February 11, 2000 Page -3- Item 81. Consultant Agreement with BSK & Associates to provide materials testinq services for two_ years in the amount of $170,320. As part of the inspection of the construction of City's Capital Improvement Program projects, vadous materials used in that construction are tested for compliance with project specifications. The City does not have enough staff nor the necessary equipment to perform these tests. Therefore, the City has entered into annual agreements with local testing laboratories for providing the required services. Staff has reviewed the qualifications of four local materials testing firms, including their fee proposals. As result of the review, staff recommends award of an agreement to BSK & Associates. Funds are currently budgeted to pay for this agreement. Item 8m. Memorandum of Understandinq between the Recreation and Parks Department and the Greenfield HELPS Collaborative - Greenfield Union School District. This MOU formalizes the intention of our respective agencies to continue to collaborate for the benefit of youth. The Recreation and Parks Department is exploring funding for an after-school program available to school districts from the Califomia Department of Education. Once fees and other funding sources are determined, staff will return to the City Council for approval of an agreement for specific services for the 2000/01 school year. Currently, there are six Greenfield School District campuses at which the City plans and supervises after-school recreation: Fairview, Kendrick, McKee, Palla, Plantation, and Plan;;. Approximately 780 children are served each day by the program. Item 8n. Amendment No. 1 to Agreement No. 96-245 with Hall Ambulance Service, Inc. for participation in City of Bakersfield Traffic Signal Preemption System. In 1996, the City and Hall Ambulance Service entered into an agreement to permit Hall Ambulance to utilize a traffic signal preemption system. In exchange, Hall ambulance has provided funds for the installation of additional preemption units over a five-year period and for maintenance of the system. The current contraot expires in 2001, and Hall Ambulance desires to continue the contract for an additional period. Hall Ambulance will contribute $26,750 in September 2000 per the present contract. Under the amendment to the contract, Hall Ambulance will contribute $12,000 per year for 10 years for a total contribution of $120,000. Item 8o. Amendment No. 7 to Aqreement No. 96-309 with Daley & Heft for leqal services in the matter of City of Bakersfield vs. U.S. Fire Insurance Company, et al., and appropriate and transfer $175,000_ future insurance proceeds from the Self Insurance Fund to the City Attorney's Operating Budget in the Refuse Fund to pay for attorneys' fees. The City of Bakersfield has previously retained Daley & Heft as counsel in the litigation against U.S. Fire Insurance Company and various other insurance companies regarding the burn dump matter. Add,tional funds are required for outside counsel to continue litigation in this matter. Bids: Item 8p. Bid Award to Brown & Fowler for the construction of Allen Road Trunk Sewer White Lane Lift Station in the amount of $404,532.07. Staff received seven acceptable bids, and recommends award to Brown & Fowler. Item 8q. Bid Award to Jim Burke Ford for two additional police sedans in the amount of $43,912.64. Staff received three acceptable bids, and recommends award to Jim Burke Ford. HONORABLE MAYOR AND CITY COUNCIL February 11, 2000 Page -4- Item 8r. Bid awards to L.N. Curtis & Sons, AIIstar Fire Equipment, and Cascade Fire Equipment for miscellaneous equipment to equip three replacement Fire Department pumpers in the amounts ,of $56,965.84, $10,774.44, and $3,243.97, respectively, for a total of $70,984.25. Staff received three acceptable bids. In order to get the best pdce, staff recommends the award be split three ways to L.N. Curtis & Sons, AIIstar Fire Equipment, and Cascade Fire Equipment. Item 8s. Bid award to Mobile Man (4 items); Micro Wbdd (3 items); R&M Enterprises (3 items); Inacom_ (1 item); Socrates Computer Systems (1 item); and Wareforce (1 item) for personal computer arid related replacement equipment, not to exceed $1.";0,000. The City Council adopted budget allows replacement of personal computer equipment from the Equipment Replacement Fund. Staff conducted a formal bid on February 10, 2000 to obtain the lowest prices for the systems. Pricing was requested on a "not to exceed" basis, thus allowing staff to negotiate for lower prices over the period of the award, should market prices drop. Item 8t. Bid award to Valley Printers for four issues of the activity brochure for Recreation and Parks~ in an amount not to exceed $162,518.40. Staff received three acceptable bids, and recommends award to Valley Printers. This award is for brochures to be produced for Summer 2000, Fall 2000, Spring 2001, and Summer 2001. Miscellaneous: Item 8u. Bakersfield Redevelopment Aqency's adoption of a 5-year implementation Plan for the Downtown Bakersfield Redevelopment Project Area. California law requires that each redevelopment agency adopt a five-year implementation plan describing the agency's goals and expenditures. The first implementation plan for the Downtown Project Area was adopted in 1994. Highlights of activities for the next five years include the development of public parking east of Chester Avenue, the creation of additional affordable housing in the downtown, expansion of the Chester Avenue Streetscape, and continued efforts to attract entertainment facilities to downtown. Item 8v. Authorization of the "Adopt-an-Area" Proqram and approval of form contracts. The City Council approved a beautification program to be certified by Keep America Beautiful, Inc. as part of the 1998/99 FY budget. This program includes the formation of an "Adopt-An-Area" program, which will enable citizens of Bakersfield to take an active role in enhancing their neighborhoods. The areas of responsibilities could include, but are not limitec to, picking up litter and debris, removing weeds from around plants and tree wells, planting of annual flowers and shrubs, and/or trimming of plant materials. The minimum maintenance standard is once per month. Staff recommends authorization of the program and authorization of the sample contracts to be used for "Adopt-AmArea" volunteers. Item 8w. Authorization to send consent letter of Time Warner, Inc., and America Online, Inc., mer~ir~ to create AOL Time Warner, Inc. Time Warner has assured the City of Bakersfield that this merger will have absolutely no adverse impact upon the franchise with our community or the service that Time Warner currently provides. Based upon these representations, the City Attorney requests approval to send the attached letter to Time Warner approving the merger. Item Bx. Appropriate $20,800 State Grant revenue to the Fire Department Operatinq Budqet within the General Fund for Y2K preparedness and related emergencies. The Fire Department received a grant in November 1999 from the Governor's Office of Emergency Services to assist with Y2K HONORABLE MAYOR AND CITY COUNCIL February 11, 2000 Page -5- preparedness. The appropriation will be used for personnel costs already incurred for staffing key emergency operations centers, printing and distributing public education material, and the purchase of equipment needed for emergencies and disasters. These funds will allow the return of approximately $10,000 to the General Fund for regular salaries expended by the Fire Department. Item 8y. Appropriate and transfer $121,000 tax increment and other revenue for the Central District Project Area to the Redevelopment Oaerating Budget for transfer to the Housing Set Aside Fund ($2.1,000) and the Debt Service Fund ($100,000). On October 27, 1999, Kern County sent their tax increment estimates for 1999-00 to the Bakersfield Redevelopment Agency. The revised tax and other revenue estimates are approximately $121,000 higher than those included in the adopted budget. The Agency reimbursement agreement call.,; for an annual amount not to exceed $1.2 million and any shortfall to be carried forward as an ongoing debt. Staff recommends the unanticipated $121,000 be appropriated for the additional required housing set aside of $21,000 and the remaining $100,000 to make up part of the 1998-99 reimbursement shortfall. The Bakersfield Redevelopment Agency approved this item at their February 14, 2000 meeting. Item 8z. Appropriate $1,500 Insurance Company Grant to the Fire Department Operatinq Budqe_t within the General Fund for an accelerant detector. The Bakersfield Fire Department received a grant from Factory Mutual Insurance Company on November 9, 1999, for the purchase of an accelerar~t detector. An accelerant detector would confirm the findings of an arson dog that assists with investigations, and insure only evidence containing the best sample of incendiary materials are gathered for laboratory analysis. The detector will also eliminate delays caused by unreadable evidence by the crime lab. HEARINGS Item 9a. Resolution confirminq the report of the Chief Code Enforcement Officer reqardinq assessments of certain properties for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. The City properties were in violation of the Municipal Code which prohibits maintaining open and dilapidated structures which constitute public nuisances, including the existence of hazardous weeds, debris, and waste matter. Property owners were notified and failed to comply with the notices to abate such public nuisances. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owners to abate the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to remove the nuisance and order that such cost be made a lien against property. The Council may, at its discretion, alter, modify or correct the assessment as they deem necessary. Item 9b. Resolution makinq findings and updatinq the Caoital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. The Capital Improvement Plan update is required by the U.S. Fish and Wildlife Service as part of our Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The Habitat Mitigation Fee of $1,240 is collected prior to development. The fees are dedicated primarily for the purchase of land for conserving the natural habitat. A portion of the fee is required by wildlife agencies for fencing, enhancement, and management of preserve areas. The program is self-supporting and requires no support funds from the City or County. The Kern County Board of Supervisors conducted a public hearing on this item on February 15, 2000, and approved a similar resolution. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP, and no increase to the fee. HONORABLE MAYOR AND CITY COUNCIL February 11, 2000 Page Item 9c. Resolution approving City Annexation No. 406 located at the northeast corner of Pacheco Road and Eve Street. LAFCO approved the annexation on January 25, 2000. There were no protests at the LAFCO hearing. The project site is currently being developed as an apartment complex, and the property owner wishes to annex the site and receive City services. Item 9d. Resolution approving City Annexation No. 407 located north of Rosedale Highway, east Coffee Road. LAFCO approved the annexation on January 25, 2000. There were no protests of the LAFCO headng. The project site is currently being developed as a Carroll's Tire Warehouse Facility, and the property owner wishes to annex the site and receive City services. Item 9e. Resolution approvinq City Annexation No. 408 located at the southwest corner nf Washinqton Street and Feliz Drive. LAFCO approved the annexation on January 25, 2000. There were no protests of the LAFCO hearing. The project site is partially developed with the Claude Richardson Child Development Center and the Bakersfield City Schools Maintenance Facility. WhilE; the remaining area is currently vacant with potential development by the Kern County Economic Opportunity Corporation. The property owner wishes to annex the site and receive City services. REPORTS Item 10a. Budqet and Finance Committee Major/tv and Minority Reports regardinq fundinq request. for new Kern County Airport Terminal The County Board of Supervisors has requested that the City of Bakersfield contribute $3.0 million dollars towards construction of a new terminal at the Kern Count:/ Airport. The money is needed by 2003 with a commitment needed by this March. The Budget and Finance Committee has considered this matter, met with County officials and has reviewed a considerable volume of information prepared by City staff on the matter. The Committee offers a Majority and a Minority Report to the Council. Majority report-I) contribution from the City of Bakersfield to Kern County in the amount of $500,000 per year for two years from one-time "Jail Booking Fee" revenues for a total of $1,000,000; and 2) at Kern County's option, an additional $500,000 would be transferred from the City Airpark Fund to Kern County if the County enters into an agreement to operate the City Airpark through the year 2016 expiration of the FAA requirement to operate it as such. Minority report-I) contnbution from the City of Bakersfield to Kern County $500,000 per year for five years from one-time "Jail Booking Fee" revenues for a total of $2,500,000, and 2) at Kern County's option, an additional $500,000 would be transferred from the City Airpark Fund to Kern County if the County enters into an agreement to operate the City Airpark through the year 2016 expiration of the FAA requirement to operate it as such. The basis for the Majority and Minority Reports are detailed in the Administrative Report. DEFERRED BUSINESS Item 1 la. Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relatinq to the Board of Zoning Adjustment. The proposed amendment to the Municipal Code eliminates the City Attorney's Office from membership, whether as a member or as an alternate, on the Board of Zoning Adjustment. Since the City Attorney is required to provide legal advice to the City Council in the event of an appeal from a decision of the Board of Zoning r~,djustment, it would create an apparent conflict of interest (even if no actual conflict exists) if a member of the Board of Zoning Adjustment, or an HONORABLE MAYOR AND CITY COUNCIL February 11, 2000 Page altemate member, were to be from the City Attorney's office. Staff is recommending the appointment of a member and an alternate from the Economic and Community Development Department as a replacement for the City Attorney's Office member and alternate. This is the second reading of the ordinance. Item 11b. Ordinance addinq Section 12.56.055 of the Bakersfield Municipal Code relating to expulsien from recreational facilities. Recently there have been several incidents at City recreation facilities where incidents of verbal abuse, and inebriated individuals have caused problems. Also, incidenl:s such as fighting or throwing objects required the police to be called to remedy the situation. However, there is nothing to prevent these individuals from returning immediately thereafter. Therefore staff proposes the attached ordinance which permits the expulsion of individuals who were being disruptive or jeopardizing safety systems in City own recreational facilities. The ordinance authorizes the Director, Assistant Director, Pool Managers, Assistant Pool Managers, and head lifeguards to expel individuals that disrupt the reasonable peace and enjoyment of others. There is no limit on the number of times an individual may be expelled on the ordinance, but the expulsion is limited to 24 hours after the incident. This is the second reading of the ordinance. Item 11c. Ordinance amendinq Title 17 of the Bakersfield Municipal Code and Zoninq Map fo_r property located at the northwest corner of Noriega Road and Jewetta Avenue. (ZC P99-0701) The property is in agricultural use, and is adjacent to [he Polo Grounds development in the northwest. Adjacent undeveloped land to the north and west of the site has been re-zoned from agriculture to Iow-density residential. All significant environmentstl and circulation issues have been addressed or mitigated to the satisfaction of affected governmental agencies. The Planning Commission recommended approval of this item. This is the second reading of the ordinance. Item 11d. Ordinance amendinq Title 17 of the Bakersfield Municipal Code and Zoning Map fo_r property located on the west side of Renfro Road, south of Johnson Road, on the north side of the future Kern River Freeway alig~ent. (ZC P99-0867) The area is adjacent to the adopted specific plan line of the Kern River Freeway, which borders the site on the south side. The triangular~shaped parcel subject to this zone change was excluded from the prior application as it was expected to be used for an on-ramp to the proposed freeway. The specific plan line ultimately adopted by the City for the freeway did not include this area, so the applicant is requesting a zone change for this smaller piece consistent with the larger property already re-zoned. The General Plan Amendment filed concurrently with this case was approved by the City Council on February 9, 2000. This is the second reading of the ordinance. AT.AC:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: February 23,2000 IAGENDA SECTION: Workshop ITEM: 2 .a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager February 11, 2000 Proposition 13 (Water Bond) Update .APPROVED DEPARTMENT HEAD CITY ATTORNEY .,.P~J~ - CITY MANAGER RECOMMENDATION: BACKGROUND: Presentation by Water Resources staff outlining major project items included in Proposition 13 that will be on the March 7, 2000 ballot. If the bond measures pass, a number of funding sources could become available for the Kern River Parkwvay and local water projects. FC: S:~000ADMRPTS\FE23WT 1WS February 15, 2000, 3:55PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Workshop ITEM: 2.b. TO: FROM: DATE: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks February 15, 2000 SUBJECT: Proposition 12 (Park Bond) Update RECOMMENDATION: BACKGROUND: APPROVED DEPARTMENT HEAD ~-'~~ ClTY A'I-FORNEY ClTY MANAGER ~i Department of Recreation and Parks staff will discuss possible projects to be funded if bond is approved. (Typist's Initials lower case) February 15, 2000, 3:48PM P:\admin\admin template ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Workshop ITEM:. 2. c. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD DATE: February 15, 2000 CITY ATTORNEY CITY MANAGER. SUBJECT: Report of Results from Survey of Public School Students RECOMMENDATION: BACKGROUND: Department of Recreation and Parks staff will present results of a survey of public school students in grades 3 - 8. The survey dealt with recreation programs and facilities and was conducted by the Applied Research Center of CSUB. Staff from the Applied Research Center will also make a presentation. (Typist's initials lower case) February 15, 2000, 3:11PM P:~admin\admin template ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 IAGENDA SECTION: Closed Session ITEM: 3 · a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ,APPROVED Bad J. Thiltgen, City AEorney Februa~ 15,2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9. (One case.) This closed session is authorized pursuant to Section 54956.9(b)(3)(B) of the Government Code. RECOMMENDATION: BACKGROUND: BJT:laa FE23CA1.CS February 15, 2000.11:3 lam ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: Presentations ITEM: 5. a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Chdstansen, Assistant City Manager DEPARTMENT HEAD DATE: February 10, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Citizens Annexation Committee BACKGROUND: Kern County Supervisor, Ken Peterson, will be presenting a letter regarding the Citizens Annexation Committee. AC:al February 14, 2000, 11:5Za~M S:~Admin Rpts~000\Peterson - Annexation Committee - presentations 022300.wpd ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 IAGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief February 15, 2000 ~PROVED DEPARTMENT HEAD ~./~ CITY A'I'I'ORN EY N/A CITY MANAGER ~} SUBJECT: Presentation of a plaque to Mr. Alton Henry for the rescue of a neighbor during a house fire. RECOMMENDATION: BACKGROUND: kec February 15, 2000, 10:19AM p:~admin repo~,lton Henry presentation ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk February 11, 2000 APPROVED DEPARTMENTHEAD CITY ATTORNEY ............ CITY MANAGER Minutes of the regular Council meeting of February 9, 2000. RECOMMENDATION: BACKGROUND: bz S:\CounciI~AGENDA~DMINS\FEB2300.CC.wpd February 11, 2000, 2:04pm ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 11, 2000 APPROVED DEPARTMENT HEAD/'~/~ CITY ATTORN~EY~/~''~ CITY MANAGER Approval of department payments from January 29, 2000 to February 11,2000 in the amount of $3,725,626.09 and self insurance payments from January 29, 2000 to February 11, 2000 in the amount of $142,377.05. RECOMMENDATION: Staff recommends approval of payments totaling $3,868,003.14. BACKGROUND: s:~acctpay\adrninf~ 1 .wpd nks ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 oc. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Eric W. Matlock, Chief of Police January 25, 2000 DEPARTMENT HEAD ~?~OVED CITY ATTORNEY CITYMANAGER /'~----" Resolution appropriating $13,200 (Asset Forfeiture Funds) to the Police Department Operating Budget in the General Fund for the purchase of one police service dog, its training, necessary kennel facilities, and equipment. Award of Contract to Dog Training Center of California, Inc., in the amount of $10,800 for the purchase of a police dog and training. RECOMMENDATION: Staff recommends adoption of resolution and award of contract. BACKGROUND: The appropriation of $13,200 from asset forfeiture to the Police Department operating budget in the general fund is needed to cover the expense of a police dog, its training, and necessary kennel facilities. $10,800 will be used to purchase and train the dog and the remaining $2,400 will be used for construction of necessary kennel facilities and equipment. The requested police service dog is needed to replace "Buddy," a 9-year-old German Shepard who was retired after working 5¼ years in the Patrol Section. His handler was promoted to detective and assigned to Investigations. The dog was no longer suitable for reassignment due to his advanced age. Similar to past canine purchases, this dog will be purchased from and trained through Dog Training Center of California, Inc. The cost for the dog, including its training, will not exceed $10,800. JG:ik February 9, 2000, 8:38AM P:\k9 2000\admin rpt k9 purchase.wpd ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Bart J. Thiltgen, City Attorney February 11, 2000 DEPARTMENT HEAD C TYATTO..E¥ CITY MANAGER A Resolution Confirming the Separation and Distance Requirements Within Bakersfield Municipal Code Section 17.69.040 RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Staff was directed to re-survey the City to determine whether the current separation and distance requirements provided for under Bakersfield Municipal Code Section 17.69.040 comport with legal requirements. The study was done under the recognition that studies in other jurisdictions have concluded that there are potential secondary effects associated with the location of adult entertainment businesses. Experience in Southern California, including the County of Los Angeles, the City of Garden Grove and other states including the cities of Renton, Washington; Seattle, Washington; Detroit, Michigan; Austin, Texas; Indianapolis, Indiana; and Phoenix, Arizona, has demonstrated that such uses have objectionable secondary effects upon immediately adjacent residential and commercial areas. Staff also recognized and relied upon the following studies concerning the adverse secondary effects of adult businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). As a result of this in-house site analysis, it was found that under the current spacing requirements, there are no fewer than ten (10) additional sites available for adult entedainment business development within the City. This resolution accepts the study and the ratifies a finding that these ten (10) additional sites, plus the three (3) current sites being used for adult entertainment business constitute a reasonable number of available sites as required by law. S:\COU NClL~Admins~AdultEntSiteSurvey.wpd VG:alj February 11, 2000, 3:37pm FE23CA,CC ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cle~_,~..-' February 14, 2000 APPROVED DEPARTMENT HEAD CITY A'I-FORNEY CITY MANAGER Resolution reaffirming Council opposition of the southern (Westpark) freeway alignment connecting State Route 58 to the proposed Kern River Alignment. (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The southern connection of the proposed Kern River Freeway alignment to the existing State Route 58 traverses an area in the City of Bakersfield south and east of California Avenue and north of Stockdale Highway, known as the "Westpark" area. On August 24, 1994 a number of residents of the Westpark area appeared before the City Council and expressed their opposition to the proposed freeway alignment connecting State Route 58 to the proposed Kern River Freeway alignment. Westpark residents were concerned the proposed freeway alignment bisects the Westpark neighborhood and would detrimentally affect the value of homes that remain in the area should the proposed freeway alignment be constructed. On September 7, 1994, Council adopted a resolution opposing this proposed alignment. At the February 9, 2000 Council meeting, Council requested staff prepare a resolution reaffirming Council's opposition of the southern (Westpark) freeway alignment connecting State Route 58 to the proposed Kern River freeway alignment. February 14, 2000 P:\West parkAdmin00.wpd ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. ¢. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 2, 2000 Tract Maps/Improvement Agreements: APPROVED DEPARTMENT HEAD CITY ATTORNEY ~--~,~/ CITY MANAGER (1) (2) (3) Final Map and Improvement Agreementwith Syroli IV for Tract 5895 Phase 3 located west of South "H" Street and south of White Lane. (Ward 7) Final Map and Improvement Agreement with Syroli IV for Tract 5895 Phase 4 located westof South "H" Street and south of White Lane. (Ward 7) Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5658 Unit 4 located west of Calloway Drive and south of Noriega Road. (Ward 4) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are 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. February 3, 2000, 10:09am G:\GROU PDAT~,DMINRPT\2000~February 23\TR5895-3-4-TR5658-4.wpd TD/mm ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2000 APPRO)VED DEPARTMENT HEA~,.~,/ CITY ATTORNE~--~)~/~-'~ CITYMANAGER Agreement to indemnify LAFCO for City Annexation No. 406, Proceeding 1271, located at the northeast corner of Pacheco Road and Eve Street. (Ward 1) RECOMMENDATION: Staff recommends the Council direct the Mayor to sign the agreement. BACKGROUND: LAFCO adopted Resolution No. 00-01 on January 25, 2000, with a condition that the city sign an agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. It provides that if LAFCO is sued for approving the City's application for annexation the city will bear the burden of defense. The annexation area consists of 12.55 acres of uninhabited land, which is located at the northeast corner of Pacheco Road and Eve Street. The project site is currently being developed as an apartment complex and the property owner wishes to annex the site and receive city services. MO:pit admin\feb~~23-406 January 31, 2000, 4:26PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2000 APPR~/VED DEPARTM ENTH EA~/~//.~ A Agreement to indemnify LAFCO for City Annexation No. 407, Proceeding 1274, located north of Rosedale Highway, east of Coffee Road. (Ward 4) RECOMMENDATION: Staff recommends the Council direct the Mayor to sign the agreement. BACKGROUND: LAFCO adopted Resolution No. 00-03 on January 25, 2000, with a condition that the city sign an agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. It provides that if LAFCO is sued for approving the City's application for annexation the city will bear the burden of defense. The annexation area consists of 0.97 acres of uninhabited land, which is located north of Rosedale Highway, east of Coffee Road. The project site is being developed as a Carroll's Tire Warehouse facility and the property owner wishes to annex the site and receive city services. MO:pjt admin\feb~2-23*407 January 31, 2000, 4:33PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2000 AP PROVF-,~' DEPARTMENT HEAD CITY ATTORNEY/~ / Agreement to indemnify LAFCO for City Annexation No. 408, Proceeding 1272, located at the southwest corner of Washington Street and Fetiz Drive. (Ward 1) RECOMMENDATION: Staff recommends the Council direct the Mayor to sign the agreement. BACKGROUND: LAFCO adopted Resolution No. 00-02 on January 25, 2000, with a condition that the city sign an agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. It provides that if LAFCO is sued for approving the City's application for annexation the city will bear the burden of defense. The annexation area consists of 42.62 acres of uninhabited land, which is located at the southwest corner of Washington Street and Feliz Drive. The project site is partially developed with the Claude Richardson Child Development Center and the Bakersfield City Schools Maintenance facility. While the remaining area is currently vacant with potential development by the Kern County Economic Opportunity Corporation. MO:pit admin\feb~-23~08 February 2, 2000, 9:16AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8..j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Bart J. Thiltgen, City Attorney February 16, 2000 APPROVED DEPARTMENT HEAD ATTOR.E //_4¢ C M^.AGE. Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Services in the amount of $40,000 to be paid from the Self- Insurance Workers' Compensation Fund RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Although most of the legal work on workers' compensation cases is handled in-house, the City has continued to retain the law firm of Hanna, Brophy, MacLean, McAleer & Jensen to assist in complex workers' compensation matters. The cases presently handled by Hanna, Brophy are cases with high exposure, conflicts, or are unusually complex. Additionally, Hanna, Brophy provides valuable, immediate advice to the City and its outside administrator on other workers' compensation files when requested. All of the firm's attorneys are very knowledgeable and effective at handling workers' compensation cases. Don Powelson of that office is the primary attorney assigned to City matters. Over the past three years, he has represented the City on some of the most difficult and complex workers' compensation cases against the City. The City Attorney's Office estimates Hanna, Brophy has saved the City conservatively over $400,000 in workers' compensation benefit payments since January 1995 on different cases on which they have rendered advice or which they handled. Hanna, Brophy's rates are extremely reasonable relative to customary attorneys' hourly rates. They currently charge onty $120 per hour while one would normally be charged $150-$200 per hour for legal services involving this level of expertise. The local Workers' Compensation Appeals Board customarily awards applicants' attorneys $150 per hour for attorneys' fees. The fees paid by the City to Hanna, Brophy are approaching the previous contract limit of $40,000. The City desires to continue its relationship with Hanna, Brophy, and thus, it is appropriate to have Council approve another contract. AMS S:\COU NCIL~dmins\WC-ATTYK3 CC wpd February 16, 2000, 9:25am ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. k, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director February 10, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~"~"~-- CITY MANAGER Agreement with Rossetti Associates Architects ($48,500) to provide schematic design drawings and outline specifications to add 19 additional suites, support spaces and a new stair to the west side of the Centennial Garden Arena (Ward 2). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This agreement with Rossetti Associates Architects sets the terms and conditions to develop schematic design drawings and outline specifications to add 19 additional suites, support spaces and a new stair to the west side of the Centennial Garden Arena. This design package will include architectural, electrical, mechanical and structural elements. The package will be developed to the schematic design phase to allow for accurate and reliable pdcing. Staff recommends that Rossetti Associates Architects (Consultant) provide the schematic design drawings and outline specifications since the Consultant's services were utilized in the conceptual design of the Bakersfield Centennial Garden. dc February 15, 2000, 2:53PM G:\GROUPDAT~ADMINRPT~2000\February 23¥ossetti agwpd ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 10, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNJ ,,~--'-- C l TY MANA GE Consultant Agreement with BSK & Associates ($170,320.00) to provide materials testing services for t~vo years. (All Wards) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As part of the construction inspection of the City's Capital Improvement Program projects, vadous materials used in that construction must be tested for compliance with the projects' specifications. The City does not have the staff or the equipment necessary to perform those tests or analyses. Therefore, the City has entered into annual agreements with local testing laboratories for providing the required services. Staff requested Statements of Qualification and Proposals (SOQ&P) from four local material testing firms. All four of those firms (BSK & Associates, Soils Engineering, Inc., Kleinfelder, Inc., and Krazan and Associates) submitted their SOQ&P's to the City on February 3, 2000. Staff then reviewed those statements of qualifications and fee proposals. As a result of that review, the staff selection committee ranked the proposers based on qualifications and BSK was the highest ranked firm. One of the primary qualifications evaluated was experience with asphalt concrete design, testing, and inspection since the City has experienced some recent asphalt pavement problems. BSK rated highest in asphalt experience. Staff recommends award of this agreement to BSK & Associates based on the combination of their qualifications and fee rates being the most beneficial for the City. The fee rates submitted with the SOQ&P's were used only as a basis of comparison since actual cost to the City will be based on the number and type of tests required. Funding for this agreement will be paid for through the actual projects that are currently budgeted. No additional appropriations are anticipated. dc February 16, 2000, 2:20PM G:\GROUPDAT\ADMINRPT~20OO\February 23\Soils ADMRPT.wpd REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD DATE: February 9, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Memorandum of Understanding (MOU) Between the Department of Recreation and Parks and the Greenfield HELPS Collaborative - Greenfield Union School District RECOMMENDATION: Staff recommends approval of the MOU· BACKGROUND: The City of Bakersfield and the Greenfield Union School District have a partnership to provide the benefits of recreation in a school-based after school program. This MOU formalizes the intention of our respective agencies to continue to collaborate for the benefit of youth. Evidence of this commitment to collaboration is an important criterion for grant funding, including funding for after school programs available to school districts from the California Department of Education. This MOU affirms our intention to continue to work in collaboration, and to plan together to conduct recreational classes and activities that complement existing school services. Once sources of i:unding, including grant funding, have been determined, Recreation and Parks will return to City Council for approval of an agreement to provide specific programming for the 2000/01 school year. Community recreation helps cultivate good citizenship and promotes the health and general welfare of the people. After-school programs are very important to the citizens of Bakersfield. In the representatiw-~ survey completed in 1998 by the Department of Recreation and Parks, 60.8% of respondents were interested in after-school programs. 37.7% were "very interested," a greater percentage than for any other currently- offered recreational program. Currently, there are six Greenfield Union School District schools at which the City plans and supervises after- school recreation: Fairview, Kendrick, McKee, Palla, Plantation, and Planz. Approximately 780 children are served each day by the program. S:~Admins\greenfietd MOU wpd February 9, 2000, 422PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: Honorable Mayor and City Council APPROVED FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD DATE: February 4, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 96-245 with Hall Ambulance Service, Inc. for participation in City of Bakersfield Traffic Signal Preemption System. RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the Agreement. BACKGROUND: The City of Bakersfield has initiated a program to retrofitall traffic signals within its jurisdictional boundaries to accommodate a traffic signal preemption system for use by the Bakersfield Fire Department. The traffic signal preemption system will reduce the response times for Code 3 emergency vehicles during any emergency response. In 1996, the City and Hall Ambulance Service entered into Agreement No. 96-245 to permit Hall Ambulance to utilize this system in exchange for which Hall Ambulance provided funds for the installation of additional preemption units over a five-year contract period and for maintenance of thesystem. This contract expires in 2001 and Hall Ambulance desires to continue the contract for an additional ten-year term. Hall Ambulance will contribute $26,750.00 in September 2000 per the present contract. Under the amendment, Hall Ambulance will contribute $12,000.00 per year for a total contribution of $120,000.00. MGA:lsc S:\COUNCIL~Admins\HallAmbAmend 1 ,wpd FE23CA,CC February 1, 2000 (3:12pm) ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney February 11, 2000 APPROVED DEPARTMENT HEAD ,~/z¢~ Amendment No. 7 to Agreement No. 96-309 with Daley & Heft for legal services in the matter of Cib/ of Bakersfield v. U.S. Fire Insurance Company, et al. and appropriate and transfer $175,000 future insurance proceeds from the Self Insurance Fund to the City Attorney's Operating Budget in the Refuse Fund to pay for attorneys' fees. RECOMMENDATION: Staff recommends approval of the amendment and appropriation. BACKGROUND: The City of Bakersfield has previously retained Daley & Heft as counsel in the litigation against U.S. Fire Insurance Company and various other insurance companies regarding the burn dump matter. Additional funds are required for outside counsel to litigate matters. ADD:dlr FE23CA1 .CC ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 10, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid to award contract to Brown & Fowler ($404,532.07) for the construction of Allen Road Trunk Sewer White Lane Lift Station (Ward 4) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This lift station is part of the Allen Road Trunk Sewer project which was originally budgeted in the 1998-1999 fiscal year within the Sewer Enterprise Fund. This project consists of constructing a sewer lift station for the Allen Road Trunk Sewer, on White Lane 800 feet west of Buena Vista Road. Sufficient funds are budgeted to award this contract Seven bids were received on February 9, 2000, as follows: Brown & Fowler 4211 Atlas Court Bakersfield, CA 93308 (County) In the amount of $404,532.07 HPS Plumbing Services, Inc. 401 34"' Street Bakersfield, CA 93301 (Ciry) In the amount of $416,78'7.00 Nicholas Construction 16824 Johnson Road Bakersfield, CA 93312 (County) In the amount of $420,000.00 Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) In the amount of $530,000.00 Mauldin-Dorfmeier 3240 N. Millbrook Fresno, CA 93726 (Out of town) In the amount of $544,346.00 R.MR. Inc. 2315 S. Meredith Lane #D Santa Maria, CA 93456 (Out of town) In the amount of $577,758.00 W.M. Lyles Co. 1210 W. Olive Avenue Fresno, CA 93744 (Out of town) In the amount of $674,874-.00 ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. q. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 10, 2000 APPROVED DEPARTMENT HEAD ~/~ CITY MANAGER ]X]~i SUBJECT: Accept bid from Jim Burke Ford $43,912.64 for two (2) additional police sedans. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to seventeen (17) potential suppliers. Three (3) bids were received, as follows: Jim Burke Ford 2001 Oak Street Bakersfield, CA 93303 (City) in the amount of $43,912.64 Villa Ford 2550 North Tustin Avenue Orange, CA 92865 in the amount of $44,161.24 Downtown Ford 525 Ninth Street Sacramento, CA 95814 in the amount of $45,527.62 P:~,DMIN~2000ADMIN\C000223B.wpd GJK:Ijm February 10, 2000, 1:41pm ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar TEM: 8. r o TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 9, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~'~2~~'~'~. CITY MANAGER ,~ SUBJECT: Accept bids from L. N. Curtis & Sons $56,965.84, AIIstar Fire Equipment $10,774.44, and Cascade Fire Equipment $3,243.97 for miscellaneous equipment to equip three (3) replacement Fire Department pumpers. Total $70,984.25 RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: Invitations to bid were sent to three (3) vendors. In order to get the best price, staff recommends the award be split among the following: L. N. Curtis & Sons 1800 Peralta Street Oakland, CA 94607 32 items in the amount of $56,965.84 AIIstar Fire Equipment 13450 Brooks Drive, Building A Baldwin Park, CA 91706 3 items in the amount of $10,774.44 Cascade Fire Equipment Company 640 Brian Way Medford, OR 97501 3 items in the amount of $3,243.97 P:~ADMIN~2000ADMIN\C000223A.wpd GJK:Ijm February 10, 2000, 4:51pm ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 11, 2000 APPROVED DEPARTMENT HEAD c,Ty A.OR. CITY MANAGER Accept bids from Mobile Man (4 items), Micro World (3 items), R&M Enterprises (3 items), Inacom (1 item), Socrates Computer Systems (1 item), and Wareforce (1 item) for personal computer and related replacement equipment. Not to exceed $150,000.00. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: The City Council adopted budget allows replacement of personal computer equipment from the Equipment Replacement Fund (not to exceed $705,607.00). Staffconducted a formal bid February 10, 2000, to obtain the lowest prices for these systems. Pricing was requested on a "not to exceed" basis per unit for various models currently available, thus allowing staff to negotiate for lower prices over the period of the award, should market prices drop. Unit prices were bid as follows: ITEM DESCRIPTION MOBILE MAN MICRO WORLD R & M INACOM SOCRATES WARE[FORCE Santa Clara, CA Torrance, CA ENTERPRISE Uvermore, CA Los Angeles, CA Commerce, CA Rldgecrest, CA iBM 300 PL P[ll-533B IBM 300 PL PlII*533EB 1,405.00 IBM 300 PL PIII-600B 1,635.00 IBM 300 PL PIII*600EB 1,636.00 IBM 300 PL PIII-667 IBM 300 PL PIII-733 125MB IBM 300 PL Pil1-733 256MB PAN TOUGHBOOK CF-71 2,742,00 PAN TOUGHBOOK CF-47 VIEWSONIC GS771 IBM THINKPAD 600 64MB ADDTL. MEMORY FOR IBM TP-600 IBM INTELLISTATION 1,872.00 2,083.00 84.00 1,960.00 273.36 3,325.00 2,535.00 4,359.00 1,361.27 P:V~DMIN~000ADMIN\C000223C.wpd GJK:Ijm Februa~ 11, 2000, 11:18am ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8.15. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 11, 2000 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Accept bid from Valley Printers, not to exceed $162,518.40, for four (4) issues of the activity brochure for Recreation and Parks. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The Recreation and Parks brochure provides information to the public on activities, special events, park locations and accessibility, etc. This award is for brochures to be produced for Summer 2000, Fall 2000, Spring 2001, and Summer 2001. Each production will include 85,000 brochures, with 82,000 being mailed directly to all City residents. Invitations to bid were sent to seven (7) vendors. Three (3) bids were received, as follows: Valley Printers 16230 Filbert Street Sylmar, CA 91342 in the amount of $162,518.40 Reynolds & Reynolds 9207 Oakdale Avenue Chatsworth, CA 91311 in the amount of $166,752.30 Certified Ad Services 909 West Nielsen Avenue Fresno, CA 93706 in the amount of $261,003.60 P:~ADMIN~2000ADMIN\C 000223D.wpd GJK:Ijm FebruapJ 11, 2000, 11:28am ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director January 28, 2000 ,ajJ~PI~VED DEPARTMENT HEAD~') CITY ATTORNEY CITY MANAGER )~' Bakersfield Redevelopment Agency's Adoption of a 5-year Implementation Plan for the Downtown Bakersfield Redevelopment Project Area. (WARD 2) RECOMMENDATION: Receive and File. BACKGROUND: A public hearing for the purpose of hearing evidence regarding the adoption of the Implementation Plan was scheduled before the Bakersfield Redevelopment Agency on February 14, 2000. Notice of the public hearing has been published and posted pursuant to Section 6063 of the Government Code. The Downtown Bakersfield Implementation Plan has been available for public review at the City Clerk's Office and at the Economic and Community Development Department. Adoption of the implementation plan does not constitute an approval of any specific program, project, or expenditure and will not change the need to obtain any required approval of a specific program, project, or expenditure from the agency or the community. California Community Redevelopment Law (CRL) requires that each agency adopt a five year implementation plan that describes the agency's goals and expenditures, and provides documentation for the link between the elimination of blight and the redevelopment agency's proposed actions. The first implementation plan for the Downtown Project Area was adopted by the CDDA in November 1994. Similar implementation plans were included in the adoption of the two redevelopment project areas. CRL states that after adoption of the first plan, the parts of the plan that address the Iow- and moderate-income housing fund, expending the housing funds, and replacement dwelling units for those destroyed must be adopted every five years. The five-year implementation plan update may be done in conjunction with the City's 2010 General Plan Housing Element update or may be updated by each redevelopment agency every five years. The Bakersfield Redevelopment Agency is following the later track. Highlights of activities for the next five years include the development of public parking east of Chester Avenue, the creation of additional affordable housing in the downtown, the expansion of the Chester Avenue Streetscape, and continuing efforts to attract entertainment facilities to the downtown. DIk:S:~Admins\council implem plan fyi.wpd January 28, 2000, 4:48PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. v. TO: Honorable Mayor and City Council APPROVED FROM: Bad J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: February 15, 2000 CITY ATTORN,EY/~ CITY MANAGER SUBJECT: Authorization of the Adopt-An-Area program, under the beautification program certified by Keep America Beautiful, Inc., and approval of form Adopt-An-Area contracts RECOMMENDATION: Staff recommends Authorization of the Adopt-An-Area program and approval of form Adopt-An-Area contracts. BACKGROUND: As part of the 1998-99FY budget, City Council approved a beautification program to be certified by Keep America Beautiful, Inc. Part of this program includes the formation of an "Adopt-An-Area" program. By having an "Adopt-An-Area" program through the Department of Recreation & Parks, the City will enable citizens of Bakersfield to take an active role in enhancing their neighborhoods. This volunteer program offers the opportunity for individuals, groups and businesses to enhance landscaped areas within the City of Bakersfield through additional maintenance & beautification. By submitting an application, along with a waiver form and signed City Attorney's Office prepared contract, volunteers will be responsible for a specific area of the City for a term of one year. Their areas of responsibilities could include, but are not limited to, picking up litter and debris, removing weeds from around plants and tree wells, planting of annual flowers and shrubs and/or trimming of plant materials. The landscaped areas to be adopted can be entry planters, entry medians, streetscapes and/or a portion of the Kern River Parkway. The selection and responsibilities of the specific area will be determined by the volunteer with the approval of the Recreation & Parks Director. The volunteer will supply all tools and materials needed for maintaining their adopted area and be responsible for notifying the department of their maintenance schedule. The minimum maintenance standard is once-per-month. The department will monitor and inspect the adopted areas to insure compliance with the contracts. In consideration for work well done, "Adopt-An-Area" partners will receive recognition in appropriate City publications. Staff recommends that City Council authorize the formation of the Adopt-An-Area program and authorize use of the attached sample contract to be used for Adopt-An-Area volunteers. Attachment S:\COU NCIL~Admins~AdoptAnAreaProgram.wpd VG:alj February 15, 2000, 12:38pm FE23CA.CC ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 r ITEM: 8.w. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney February 14, 2000 APPROVED DEPARTMENT HEAD .? C,TYMA.AGER Authorization to send consent letter of Time Warner, Inc., and America Online, Inc., merging to create AOL Time Warner, Inc. RECOMMENDATION: Staff recommends approval. BACKGROUND: Time Warner, Inc., and America Online, Inc., are creating a new company entitled AOL Time Warner, Inc. Time Warner has assured the City of Bakersfield that this merger will have absolutely no adverse impact upon the franchise with our communityor the service that Time Warner currently provides. Based on these representations, the City Attorney requests approval to send the attached letter to Time Warner approving the merger. S:\COUNClL~Admins\TimeWarner.wpd ADD:dlr Februar~ 14, 2000, 9:35am FE23.CA.CC ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar TEM: 8. x. TO: Honorable Mayor and City Council . ~ FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD tJ DATE: February 11, 2000 CITY ATTORNEY ~i~_ CITY MANAGER ~ SUBJECT: Appropriate $20,800 State Grant revenue to the Fire Department Operating budget within the General Fund for Y2K preparedness and related emergencies. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Bakersfield Fire Department received a grant in November, 1999 from the Governor's Office of Emergency Services to assist with Y2K preparedness. The grant term is from August, 1999 through March 31, 2000. The appropriation is for personnel costs staffing the Emergency Operations Centers, pdnting and distributing related public education material, and the purchase of equipment needed for emergencies and disasters. The total cost of the grant shall not exceed $31,084. ,This appropriation of $20,800 will allow the return of approximately $10,000 to the General Fund for regula~ salaries expended by the Fire Department. S:~SUSAN~Admin Repts~Y2K,wpd FE23CA,CC Feb~uarf 4, 2000 (4:03pm) ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Consent Calendar TEM: 8. y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 14, 2000 APPROVED DEPARTMENT HEAD ~. ~ CITY ATTORNEY CITY MANAGER ../ Appropriate and transfer $121,000 tax increment and other revenue for the Central District Project Area to the Redevelopment Operating Budget for transfer to the Housing Set Aside Fund ($21,000) and the Debt Service Fund ($100,000). RECOMMENDATION: Staff recommends the City Council approve the appropriation and transfer of resources. BACKGROUND: The 1999-00 Adopted Budget included $1,425,000 estimated tax increment revenue and $18,000 in Beginning Fund Balance and other revenues for the Central District project area. These resources were dedicated as follows: Housing Set Aside Debt Service: Reimbursement to City Development agreements Sub-Total $ 285,000 1,025,000 50.000 1,360,000 Operations: Kern County Tax Administration Operating Expenses 33,000 50,000 Total $1,425,000 On October 27, 1999 the County sent their tax increment estimates for 1999-00 to the Agency. The revised tax and other revenue estimates are approximately $105,000 and $16,000 higher, respectively, than those included in the adopted budget. The Agency reimbursement agreement with the City calls for an annual amount not to exceed $1.2 million and any shortfall to be carried forward as an ongoing debt. ADMINISTRATIVE REPORT Page 2 Performance under this agreement follows: Actual 1997-98 $1,200,000 Actual 1998-99 1,050,000 Budget 1999-00 1,025,000 Staff recommends the unanticipated $121,000 be appropriated for the additional required housing set aside of $21,000 (2% x 105,000) and the remainder of $100,000 to make up pad of the 1998-99 reimbursement shortfall. The Bakersfield Redevelopment Agency approved this item at their February 14, 2000 meeting. S:~Darrin\Gregory~Admin - CC - RDA -Feb23.wpd ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. z. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief February 11, 2000 APPROVED DEPARTMENTHEAD~'~ A rOR.E¥ ClTY MANAGER SUBJECT: Appropriate $1,500 Insurance Company Grant to the Fire Department Operating budget within the General Fund for an accelerant detector. RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Fire Department received a grant from Factory Mutual Insurance Company on November 9, 1999. The grant was $1,500 for the purchase of an accelerant detector. Last year, the Bakersfield Fire Department responded to 150 arson fires. The Department uses an arson dog to assist in investigations. An accelerant detector would confirm the dog's findings and insure only evidence containing the best sample of incendiary materials are gathered for laboratory analysis. This would eliminate delays caused by unreadable evidence by the crime lab. In turn, the arson conviction rate should increase. S:',SUSAN~Admin Repts~actoryMut ual.wpd FE23CA,CC February 4, 2000 (4:03pm) ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Hearings ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building February 1, 2000 APPROVED DEPARTMENT HEA~/ ~ CITY ATTORNE~/~' CITYMANAGER ,,'~/~ 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, debris and waste matter. (Wards 1, 2, 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, debris 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 Ward llCouncilmember Carson APN COST 1. 3506 Anderson Street 172-102-34 $ 445.00 2. 3512 Anderson Street 172-102-31 $ 265.00 3. 3515 Anderson Street 172-091-20 $ 245.00 4. 1822 Brook Street 172-053-29 $ 495.00 5. 705 S. Brown Street 019-121-09 $ 520.00 6. 334 Clifton Street 018-370-04 $ 295.00 7. 100 Clyde Street 018-340-12 $ 845.00 8. 3812 Edith Lane 025-191-35 $ 570.00 9. 3502 Hale Street 172-052-01 $ 295.00 10. 3610 Hale Street 172-052-09 $ 585.00 11. 337 S. Haley Street 019-182-13 $ 495.00 12. 415 Haley Street 019-072-10 $ 445.00 13. 730 S. Haley Street 019-111-01 $ 345.00 14. 208 Hayes Street 018-310-08 $ 470.00 February 8, 2000, 8:37AM ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST 15. 3508 Home Street 172-091-33 $ 345.00 16. 202 LakeviewAvenue 018-410-11 $ 395.00 17. 332 Lakeview Avenue 018-420-01 $ 395.00 18. 322 Ohio Drive 169-070-17 $ 4,345.00 19. 32 S. Owens Street 018-250-04 $ 570.00 20. SEC Pacheco/Monitor 412-010-01 $ 730.00 21. 1602 E. Planz Road 170-200-23 $ 295.00 22. 1606 E. Planz Road 170-200-22 $ 295.00 23. 805 Watts Drive 170-142-11 $ 445.00 24. 724 S. Williams Street 019-121-01 $ 395.00 25. 1300 block E. 18th Street 017-200-14 $ 320.00 Ward 2/Councilmember DeMond 26. 413 Alpine Street 016-480-04 $ 370.00 27. 400 E. California Avenue 016-480-13 $ 275.00 28. 908 Union Avenue 139-131-10 $ 4,085.00 29. 711 E. 18th Street 016-212-03 $ 745.00 30. 905 E. 18th Street 017-270-02 $ 295.00 Ward 5/Councilmember Rowles 31. 7401 Kroll Way 339-162-02 $ 545.00 Ward 7/Councilmember Salval:lgio 32. 1009 Fairview Road 413-091-01 $ 5,845.00 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 Municipa 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 right to appear at the hearing 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. kdm FE23BL1.HRG February 8, 2000, 8:37AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Public Hearing ITEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 8, 2000 AP ROW' "D DEPARTMENT Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: No fee increase is proposed because we have been able to acquire land at very good prices, we have not yet purchased much specialty preserve property which is more expensive and urban conversion of natural lands has been minimal As a result, increases in State charges can be absorbed while holding down the fee. The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August 25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in August of 1994. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means whereby individuals and the development community in the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in corr~plying with State and Federal Endangered Species Acts. The program received widespread support from the development community and environmental groups. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is composed of representatives from the City of Bakersfield and Kern County, and includes advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member. The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section 66002, the capital improvement plan must be updated annually by the City and County. This report provides the basis for the annual update. Staff has determined that the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. Februan/9, 2000, 1:17PM ADMINISTRATIVE REPORT Page 2 The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (ClP) involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. So far 4,573 acres of land have been credited to implementation of the Habitat Conservation Plan as required by our State and Federal permits. This places use ahead of the "take" as required by Federal and State law and our agreement. The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at $1,240 per gross acre since the inception of the MBHCP. Non-specialty preserve acquisitions that have been completed are averaging about $290 per acre for the cost of the land. When the cost of very expensive (average $2,974/acre) specialty preserve (Bakersfield cactus) land is factored in, it raised the average cost to approximately $473 per acre. The program has acquired 317 acres of specialty preserves and no additional specialty acquisitions are anticipated in the near future. A portion of the $1,240 fee is required by wildlife agencies for fencing, enhancement and management of preserve areas. The program is self-supporting and requires no support funds from the city or county. The $1,240 per acre fee has allowed the program to operate adequately and staff does not propose to raise the HMF to compensate for those parts of the HMF that are tied to the automatic raises by the State. The Capital Improvement Plan has operated successfully in meeting the program's obligations under the terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Kern County Board of Supervisors will conduct a public hearing on this item on February 15, 2000, and approved a similar resolution. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP. (JM:pjt (admin\feb~2-23-hcpcip) February 9, 2000, 1:17PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2000 APPROVED DEPARTMENT C,TY ATTOR.E cl , MANAGER Resolution approving City Annexation No. 406, Proceeding No. 1271, located at the northeast corner of Pacheco Road and Eve Street. (Ward 1) RECOMMENDATION: Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield. BACKGROUND: The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00~ 01, on January 25, 2000, with a condition the city indemnify LAFCO. The commission designated the City Council the conducting authority. There were no protests at the LAFCO hearing. This resolution makes findings that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of the land within the territory designated as Annexation No. 406, annexed to the City of Bakersfield. The project site consists of 12.55 acres of uninhabited land, which is located at the northeast corner of Pacheco Road and Eve Street. The project site is currently being developed as an apartment complex and the property owner wishes to annex the site and receive city services. MO:pjt admin\feb~2-23-a406 January 31, 2000, 4:32PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Hearings ITEM: 9. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2000 APPROVED DEPARTMENT H~/ CITY ATTORN~ ~(~,.~ CITY MANAGER Resolution approving City Annexation No. 407, Proceeding No. 1274, located north of Rosedale Highway, east of Coffee Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield. BACKGROUND: The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00- 03, on January 25, 2000, with a condition the city indemnify LAFCO. The commission designated the City Council the conducting authority. There were no protests at the LAFCO hearing. This resolution makes findings that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of the land within the territory designated as Annexation No. 407, annexed to the City of Bakersfield. The project site consists of 0.97 acres of uninhabited land, which is located along the north side of Rosedale Highway, east of Coffee Road. The project site is being developed as a Carroll's Tire Warehouse facility and the property owner wishes to annex the site and receive city services. MO:pjt admin\febk2-23-a407 January 31, 2000, 434PM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Hearings ITEM: 9. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 28, 2000 APPR~ED DEPARTMENT HE~-~,~ CITY ATTORNEY(Y~'/~ / CITY MANAGER ~ Resolution approving City Annexation No. 408, Proceeding No. 1272, located at the southwest corner of Washington Street and Feliz Drive. (Ward 1) RECOMMENDATION: Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield. BACKGROUND: The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00- 02, on January 25, 2000, with a condition the city indemnify LAFCO. The commission designated the City Council the conducting authority. There were no protests at the LAFCO hearing. This resolution makes findings that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of the land within the territory designated as Annexation No. 408, annexed to the City of Bakersfield. The project site consists of 42.62 acres of uninhabited land, which is located at the southwest corner of Washington Street and Feliz Drive. The project site is partially developed with the C, laude Richardson Child Development Center and the Bakersfield City Schools Maintenance Facility. While the remaining area is currently vacant with potential development by the Kern County Econonic Opportunity Corporation. MO:pit admin\feb~-23-a408 February 2, 2000, 9:15AM ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: TEM: 10.a. Reports TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager February 15, 2000 APPROVED DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER Budget and Finance Committee Majodty and Minodty Reports regarding funding request for new Kern County Airport Terminal 1) Budget and Finance Committee Majodty Report No. 1-00 2) Budget and Finance Committee Minodty Report No. 2-00 RECOMMENDATION: The Committee recommends acceptance of the reports. BACKGROUND: The County Board of Supervisors has requested that the City of Bakersfield contribute $3.0 million dollars towards terminal improvements at the Kern County Airport. The money is needed by 2003 with a commitment needed by this March. The Budget and Finance Committee has considered this matter, met with county officials and has reviewed a considerable volume of information prepared by city staff on the matter. Majority Report The Majodty Report recommends that staff be instructed to negotiate an MOU with Kern County which would, upon approval by the City and County: 1) Contribute from the City of Bakersfield to Kern County $500,000 per year for two years from one-time revenues for a total of $1,000,000. Said funds to pay for waiting room areas. 2) At Kern County's option (which shall exist until 6/30/01) an additional $500,000 would be transferred from the City Airpark Fund if the County enters into an agreement to operate the City Airpark through the year 2016 expiration of the FAA requirement to operate it as such. February 15, 2000, 3:18PM S:~Admin Rptsg?.000~Airport Minority-Majority Rpt 022300.wpd JWS:al ADMINISTRATIVE REPORT Page 2 Minority Report The Minodty report recommends that staff be instructed to negotiate an MOU with Kern County which would, upon approval by the City and County: 3) Contribute from the City of Bakersfield to Kern County $500,000 per year for five years from one-time revenues for a total of $2,500,000. Said funds to pay for tobby, concessions, hold rooms and ticketing areas. 4) At Kern County's option (which shall exist until 6/30/01) an additional $500,000 would be transferred from the City Air'park Fund if the County enters into an agreement to operate the City Airpark through the year 2016 expiration of the FAA requirement to operate it as such. February 15, 2000, 3:18PM S/Admin Rpt$~2000~,irport Minority-Majority Rpt 022300 wpd JW$:al ADMINISTRATIVE REPORT IMEETING DATE: February 23, 2000 AGENDA SECTION: TEM: 11 .a. Deferred Business TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 24, 1999 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ,~ CITY MANAGER ,'~,~ An Ordinance Amending Section 2.28.090 of the Bakersfield Municipal Code Relating to the Board of Zoning Adjustment. RECOMMENDATION: Legislative and Litigation Committee recommends adoption of ordinance. BACKGROUND: Staff is proposing an amendment to Section 2.28.090 of the Bakersfield Municipal Code concerning the appointment of members to the Board of Zoning Adjustment. The proposed amendment eliminates the City Attorney's Office from membership, whether as a member or as an alternate, on the Board of Zoning Adjustment. Since the City Attorney is required to provide legal advice to the City Council in the event of an appeal from a decision of the Board of Zoning Adjustment, it would create an apparent conflict of interest (even if no actual conflict exists) if a member of the Board of Zoning Adjustment, or an alternate member, were to be from the City Attorney's Office. Staff is recommending the appointment of a member and an alternate from the Economic and Community Development Department as a replacement for the City Attorney's Office member and alternate. Because the Board of Zoning Adjustment considers conditional use permits and modifications, staff believes that a representative from the Economic and Community Development Depadment would have pertinent input into these decisions, along with the current Building Depadment and Public Works members. The only other amendments to Section 2.28.090 are technical changes reflecting the currently existing staggered terms for each of the members and the terms of the alternates. The Legislative and Litigation Committee met on January 31,2000 and, after discussion of this issue, made the above recommendation. The ordinance then received first reading at the Council Meeting of February 9, 2000. S:\CO U NCIL~Ad mins\BZAAmnd.wpd RMS:Iaa February 11, 2000, 8:35am FE23CA1.CC ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Deferred Business ITEM: 11.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director February 8, 2000 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER An Ordinance Adding Section 12.56.055 of the Bakersfield Municipal Code Relating to Expulsion from Recreational Facilities RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: City recreation and park facilities are for the enjoyment of all City residents. In the past, there have been several incidents where the fun and safe environment for both the public and staff at City pools and recreation facilities have been compromised by verbally abusive or inebriated individuals and incidents such as fighting or throwing objects. When these have occurred, the police have been called to remedy the situation, however, there is nothing to prevent said individuals from returning to the facilities immediately thereafter. As such, staff proposes the attached Ordinance which permits the expulsion of individuals who are being disruptive or jeopardizing the safety of citizens and staff using City recreational facilities. The Ordinance only authorizes the Director, Assistant Director of Recreation and Parks, and City employed Pool Managers, Assistant Pool Managers and head Lifeguards to expel individuals that disrupt the reasonable peace and enjoyment or safety of others using a City recreational facility. Although there is no limit on the number of times an individual may be expelled under the Ordinance, an expulsion issued under the Ordinance shall not exceed twenty-four (24) hours. This ordinance received first reading at the February 9, 2000 City Council meeting. S:\CO U NCIL~,d mins\Expulsion2.wpd VG:alj February 7, 2000, 2:53pm FE09CA.NB ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Deferred Business ITEM: 11.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 5, 2000 fRED DEPARTMENT H E~'~./._ Zone Change No. P99-0701 (Ward 4) An ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map by changing the zoning from A - 20A (Agriculture - 20 acre minimum) to R-1 (One Family Dwelling) on 56.73 acres for property generally located at the northwest corner of Noriega Road and Jewetta Avenue. RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on February 9, 2000. The Planning Commission recommended approval of this concurrent zone change with the related General Plan Amendment. The General Plan Amendment was approved by the Council on February 9, 2000. The 56-acre site is in agricultural use, and is adjacent to the Polo Grounds development in the northwest part of the City. Adjacent undeveloped land to the north and west of the site has previously been rezoned from agriculture to low density residential use concurrent with approval of concurrent General Plan land use map amendments. All compatibility concerns can be mitigated by compliance with the recommended mitigation measures. The site will have an adequate level of circulation access and public services upon installation of required improvements in conjunction with future development. All significant environmental impacts have been addressed to the satisfaction of affected governmental agencies, and no additional issues were raised by the public at the public hearings held by the Planning Commission. (MJM) Februaw 8, 2000, 10:48AM ADMINISTRATIVE REPORT MEETING DATE: February 23, 2000 AGENDA SECTION: Deferred Business ITEM: ].!.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 7, 2000 l? E DEPARTMENT HED~~ ClT~ATTORN~ CITY MANAGER Zone Chan(~e No. P99-0867 (VVard 4) An ordinance amending the Bakersfield Municipal Code by amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. from Agriculture (A) to One Family Dwelling (R-1-12,000, R-1-10,000 and R-1-8,500) on 5 +/- acres, for property generally located on the west side of Renfro Road south of Johnson Road, on the north side of the future Kern River Freeway alignment. RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The affected area is within a portion of a site that was annexed in 1991 and was the subject of General Plan Amendment 4-90, Segment IV and Zoning Upon Annexation Case 5093. The area included in the present zone change is adjacent to the adopted specific plan line of the Kern River Freeway, which borders the site on the south side. The triangular shaped parcel subject to this zone change was excluded from the prior application as it was expected to be used for an on ramp to the proposed freeway. The specific plan line subsequently adopted by the City for the freeway did not include this area. There is no need to make provision for future access ramps along the Kern River Freeway alignment at this location. The zone change proposes the extension of a tiered zoning density pattern that was applied to the remainder of the property by the previously approved zoning case. The two northerly tiers of future residential lots were zoned R-1 with minimum lot size restrictions of 12,000 and 10,000 square feet. The remainder of the site in the southern portion was zoned R-1-8,500. The present zone change merely requests an extension of the tier boundaries onto the five acre portion that was previously reserved for a freeway on ramp. The General Plan Amendment filed concurrently with this case was approved by the City Council on February 9, 2000, at which time the first reading of the ordinance was conducted. (UJU) (admin\feb~-23-0867-2) Janua~ 10, 2000, 1:27PM