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