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HomeMy WebLinkAbout05/30/2001 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF May 30, 2001 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. DEPARTMENT BUDGET PRESENTATIONS a. City Attorney's Office b. Finance Department 3. CLOSED SESSION Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (C) of Government Code Section 54956.9; In the matter of the claim of Becky Kaiser, Brian Morrow and Palm/Olive Concerned Citizens, an unincorporated association. REGULAR MEETING 1. INVOCATION by Pastor Sam Thomas, St., Solid Rock Baptist Church 2. PLEDGE OF ALLEGIANCE by Keith Honeycutt, Fruitvale Jr. High School. 3. ROLLCALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS 6. PUBLIC STATEMENTS 7. APPOINTMENTS One appointment to the Bakersfield Redevelopment Agency, term expired April 22, 2001. Mayor recommends Council confirmation. One appointment by Ward 5 to the Planning Commission, term expires April 17, 2005. Staff recommends Council determination. 8. CONSENT CALENDAR (Ward 6) (Ward 4) (Ward 3) Minutes: a. May 16, 2001 Council Meeting. Payments: Payments from May 4, to May 17, 2001 in the amount of $4,572,673.88; and Self Insurance payments from May 4, to May 17, 2001 in the amount of $133,331.60. Resolutions: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 420, located at the southwest corner of Stine Road and McKee Road. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 421, located along the north side of Brimhall Road, between Jewetta Avenue and Calloway Drive. Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $200,000 annually. f. Canyon Hills Senior Housing Project: Agreement with Canyon Hills Senior Housing, Inc. for Home Investment Partnership Program funds, $107,000 for a 74-unit Senior Housing Project in Northeast Bakersfield. Resolution regarding the use or Housing Set Aside Monies outside the Downtown Redevelopment Project Area. Appropriate $57,000 prior year entitlement and $50,000 current year program income to the Economic and Community Development operating budget within the HOME Program Fund and $310,000 in the reserve fund balance to the Redevelopment Operating Budget within the Downtown Housing Fund. -2- 8. CONSENT CALENDAR continued (Ward 4) (Ward 4) (Ward 3) (Ward4) (Ward 4) (Ward 7) (Ward 2) (Ward 1) (Ward 5) Agreements: g. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with John Balfanz, Inc., for Tract 5441, Phase F, located north of Hageman Road, east of Jewetta Avenue. Final Map and Improvement Agreements with Coleman Homes, Inc., for Tract 6008, Phase 1, west of Mountain Vista Drive, south of Campus Park Drive. Final Map for Tract 5656-A with Kern River Partners, LLC. The subdivision is located at the southwest corner of Highway'178 and Miramonte Drive. Final Map and Improvement Agreements with Hampton Place LLC, for Tract 6007, Unit 1, located south of Palm Avenue, west of Allen Road. Engineering Services Agreement with Kennedy/Jenks Consultant, not to exceed $40,600 for design of Bellevue River Weir with bike path/pedestrian bddge crossing. Agreement with Greenfield Union School District, not to exceed $51,684 to conduct After-School Programs. Agreement with Bethany Services to sell city-owned property for $10.00, located at 1600 E. Truxtun Avenue. Amendment No. 1 to Agreement No. 99-214 with Green Gardens to reflect the correct number of CDBG and HOME-assisted housing units in accordance with Federal Home regulations. Amendment No. 2 to Agreement No. 99-68 with Jim Alfter Cement to add additional funds for contract use, not to exceed $200,000. Amendment No. 4 to Agreement No. 96-178 with SPCA Independent Contractors in the amount of $619,392 to cover increased costs of operation for FY 2001-02. Bids: Accept bid to award Contract to Garcia Roofing, Inc. in the amount of $46,625 for roof replacement of Building "A", City Corporation Yard. Miscellaneous: Reclassification of Engineering Services Manager to Assistant Public Works Director ~ Engineering. Reclassification of Assistant Fire Chief to Deputy Fire Chief. Revised Job Specification: Wastewater Manager. -3- 10. 11. 12. CONSENT CALENDAR continued r. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $114,686.52. Staff recommends adoption of Consent Calendar Items a. through r. HEARINGS Ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 of the Bakersfield Municipal Code related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. Staff recommends first reading of the ordinance. REPORTS a. City Manager's Oral Report No. 4-01 regarding Various Solid Waste Recycling Options. (Solid Waste Director Kevin Barnes) Staff recommends no action required. b. City Manager Report No. 5-01 regarding the City Center Project. Staff recommends no action required. DEFERRED BUSINESS a. Policy on Reportable Closed Session Action. (Staff comments by City Attorney Bart Thi/tgen) Staff recommends Council determination. b. Annual Tax increment Contribution to the Stadium Debt. (Staff comments by City Attorney Bart Thiltgen) Staff recommends acceptance of report and directs staff to clarify Council's intent in the Reimbursement Agreement to be brought to Council at a later date. NEW BUSINESS a. Ordinance amending Section 12.44.031 of Chapter 12.44 of the Bakersfield Municipal Code relating to business use of sidewalks. Staff recommends first reading of the ordinance. -4- 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Council~AG E N DA'~IAY3001 .wpd May 24. 2001 (11:11am) -5- BAKERSFIELD MEMORANDUM May 25, 2001 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER~.~./? THROUGH: ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - May 30, 2001, COUNCIL MEETING PRE-MEETING There is one workshop, which is a Budget Presentation by the City Attorney's office and the Finance Department. There is one closed session item, which is a conference with legal counsel regarding a claim. APPOINTMENTS There will be one appointment to the Redevelopment Agency and one appointment by Ward 5 to the Planning Commission. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Item 8c. Resolution of Application proposed proceedings for annexation of uninhabited territory located at the southwest corner of Stine Road and McKee Road. The proposed annexation consists of approximately 111 acres of uninhabited land located southwest of Stine and McKee Roads. Item 8d. Resolution of Application proposed proceedings for annexation of uninhabited territory located along the north side of Brimhall Road, between Jewetta Avenue and Calloway Drive. The proposed annexation consists of approximately 2 acres of uninhabited land located along the north side of Brimhall road between Jewetta Avenue and Calloway Drive. The property owner wishes to annex the site in order to receive City services. Item 8e. Resolution determininq that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through usual bidding procedures and authorizinq the Finance Director to dispense with bidding in an amount not to exceed $200.000 annually. Some areas of southwest Bakersfield are experiencing sewer odor problems from the Buena Vista Trunk Line. The City received a warning from the San Joaquin Valley Unified Air Pollution Control District to alleviate the odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine. Public Works contracted with Carollo Engineers to establish an odor alleviation program, which recommends the continuous injection of Bioxide. Bioxide is patented and proprietary, and therefore a sole-source product. Item 8f. Canyon Hills Senior Housinq Proiect. This item requests an agreement with Canyon Hills Senior Housing, Inc. (CHSH) a non-profit affordable housing developer, for a 74-unit senior residential complex located at 6701 Auburn Street. CHSH is in the process of securing their permanent financing for the project, and estimates that $680,000 is needed for this purpose and to finish minor construction. CHSH is requesting a deferred loan of $310,000 from Downtown Redevelopment Project Area housing set aside HONORABLE MAYOR AND CITY COUNCIL May 25, 2001 Page -2- funds. A resolution will provide for the use of Housing Set Aside Monies outside the Project Area. They have also requested City HOME Funds in the amount of $107,000. The HOME assistance was approved by the Budget and Finance Committee contingent on the Redevelopment Agency's approval of the loan request. The Agency approved the loan request at their May 14th meeting. Staff recommends appropriation of $57,000 prior year entitlement and $50,000 current year program income to the Economic and Community Development operating budget within the HOME Program Fund and $310,000 in the reserve fund balance to the Redevelopment Operating budget within the Downtown Housing Fund in order to provide the necessary funding. The remaining $263,000 will be financed by investors. Aqreements: Item 8h. Enqineerinq Services Aqreement with Kennedy/Jenks Consultants for design of Bellevue River Weir with bike oath/oedestrian bridae crossina. On March 14, 2001, Council authorized the appropriation and work plan for $2,500,000 in State grant funds under Proposition 13 for Kern River Parkway Projects. The State Department of Water Resources has accepted the work plan and entered into an agreement with the City to proceed with the projects. This agreement will provide the design and specifications to allow for construction of the Bellevue WeidBicycle path bridge across the Kern River. Item 8i. Agreement with the Greenfield School District to conduct after school proqrams in the amount not to exceed $51,684. This is the fourth year of collaboration between the City and the School District. This contract enables the City to conduct recreational classes and activities that complement existing school services in an after-school program. Approximately 853 children are served each day by the program, which is provided by six Greenfield Union School Districts schools. item 8i. Aqreement with Bethany Services to sell City-owned property located at 1600 E. Truxtun Avenue for $10. In December of 2000, Bethany Services requested that the City convey ownership of the Bakersfield Homeless Center to them. This was referred to the Budget and Finance Committee, who recommended that staff begin disposition of the property. By granting them this property, they will receive $1,190,000 in net property assets. Item 8k. Amendment No. I to Aqreement No. 99-214 with Green Gardens to reflect the correct number of CDBG and HOME-assisted housing units in accordance with Federal Home reaulations. On August 25, 1999, the Council approved an agreement granting funds in an amount not to exceed $140,000 from the HOME and CDBG Programs to be used to build infrastructure improvements to benefit the Green Gardens housing project. City assistance was used for constructing infrastructure improvements to benefit 90 units of multi-family housing at 2300 Union Avenue. The Amendment will better reflect the ratio of HOME and CDBG funds actually used on the project, and contains no financial or additional revisions to the original agreement. Item 81. Amendment No. 2 to Agreement No. 99-68 with Jim Alfter Cement for additional funds in an amount not to exceed $200,000. At the March 14, 2001 Council meeting, Amendment No. 1 was approved which extended the expiration date of the contract by 6 months. At this time, the HUD annual contract is nearly exhausted due to the increased concrete needs of the City. Staff estimates that an additional $200,000 is needed for remaining work on currently budgeted Capital Improvement projects. No additional appropriation is required. Item 8m. Amendment No. 4to SPCA Independent Contractor's Aqreement fincrease of $6.482 oer month} to cover increased costs of ooeration for FY 2001-02. The SPCA is experiencing continuing increases in operating costs in addition to costs incurred through new State mandates requiring additional kennel stays and related costs. Thus, the SPCA is requesting a monthly increase of $6,482, which relates to an HONORABLE MAYOR AND CITY COUNCIL May25,2001 Page-3- increase of $77,784 annually, for a total annual amount of $619,392. This increase will only cover a portion of the anticipated cost increases, and has been included in the 2001-02 proposed budget. The SPCA is proposing to increase fees in an effort to ensure a podion of the costs are borne by them. This fee proposal will be presented to Council at a future meeting. Bids: Item 8n. Award bid to Garcia Roofinq, Inc. for roof replacement of Building "A" at the City Corporation Yard in an amount of $46,625. This project consists of roof replacement to a portion of the Recreation and Parks building. Four acceptable bids were received. Staff recommends award to Garcia Roofing. Miscellaneous: Item 80. Reclassification. The current Engineering Services Manager for some time has been performing at the level of an Assistant Public Works Director, and is currently the Interim Public Works Director. The duties will continue and expand upon the return of the Public Works Director. There is no budgetary impact as there are salary savings from vacant positions. The Miscellaneous Civil Service Commission approved this reclassification at their meeting of May 15, 2001. Item 8o. Reclassification. Two years ago, the City Charter was changed to allow for more than one Deputy Fire chief. Chief Fraze is now requesting the reclassification of two Assistant Fire Chief positions to Deputy Fire Chief. At the current time one of the Assistant Fire Chief positions is vacant. Chief Blair is the incumbent in the other Assistant Fire Chief position. For the last year or more, he has been performing the duties of a Deputy Fire Chief as outlined in the job specification. In addition, he has been responsible for much of the research on planning issues within the department, works closely with public safety groups and agencies, and has performed extensive work on the Emergency Communications Center computer system and the records management system for the department. There is no budgetary impact as there are salary savings from vacant positions. The Fire Civil Service Commission approved the reclassification at their meeting of May 14, 2001. Item 80. Revised Job Specification. The job specification for Wastewater Manager is being changed to revise the minimum qualifications. There is no budgetary impact as the salary range will remain the same. The revised job specification was approved by the Miscellaneous Civil Service Board at their May 15, 2001 meeting. Item 8r. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $114,686.52. The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency for further action. The recommended write off amount is about .37% of total billing, or less than 1%. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 47.15% or $54,070.84 of the write off amount. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. HONORABLE MAYOR AND CITY COUNCIL May 25, 2001 Page -4- HEARINGS Item 9a. Ordinance amendinq the Municipal Code related to utilization of the Planned Commercial Develooment (PCD) zone as combininq zones. The proposed ordinance amendments were heard by Council on February 28, 2001, and were referred to the Urban Development Committee. On May 14, 2001, the Committee met and expressed concern that it did not provide opportunity for Council involvement except on appeal, so that issue is addressed in this amendment. Notice of the proposed amendment was provided to the local Building Industry Association, American Institute of Architects, Bakersfield Association of Realtors, and the City's list of engineers and architects. No one spoke in opposition at the Planning Commission hearing. REPORTS Item 10a. Report on various Solid Waste recyclinq options. Solid Waste Director, Kevin Barnes will present update information regarding the City's options for additional recycling programs. Item 10b. City Center Proiect. City Manager, Alan Tandy will give an update on the progress of the City Center Project. DEFERRED BUSINESS Item 11 a. Policy on reportable Closed Session Action. At the May 16, 2001 Council meeting, Majority and Minority reports were provided by the Legislative and Litigation Committee regarding adoption of a Council policy on reportable closed session action. Such a policy would apply to those actions taken which are required by the Brown Act to be immediately reported in the public meeting after returning from closed session and for which there is a Brown Act requirement of reporting the vote tally. The City Attorney's office was directed to survey similar-sized cities to determine their practice. Of the 16 cities surveyed, 50% report out of closed session the vote tally only, and the other 50% report the names of Council members and how they voted. The Iack of problems associated with disclosure of dissenting Council members reported by other cities coincides with the City's experience that very few reported votes actually have dissenters, and the opportunity for a problem developing is minimal. Item 1 lb. Annual Tax Increment contribution to the Stadium Debt. At the City Council meeting on May 16 2001, a discussion occurred concerning whether there existed an ambiguity in the resolutions adopted by the Council and the Bakersfield Redevelopment Agency ("Agency") on March 28, 2001 which imposed the "cap" of $317,000 of annual tax increment from the City Center project to be used to help pay annual debt service on bonds associated with the proposed multi-use stadium. The question posed was whether the "cap" would prohibit the City from receiving more reimbursement from the Agency in the event of, and to make up for, a shortfall in a prior year (s). The City Attorneys Office was directed to review the adopted resolution and return to Council, if necessary, with new resolutions. An ambiguity was found to exist, however, both resolutions reference a Reimbursement Agreement, which must be approved by both the Council and Agency This Reimbursement Agreement will be brought before the two bodies when it is determined that the multi-use stadium project will proceed (approval of the Guaranteed Maximum Price and the issuance of bonds). Since the appropriate terms will be included in the Reimbursement Agreement, it is not necessary to adopt new resolutions. HONORABLE MAYOR AND CITY COUNCIL May 25, 2001 Page -5- NEW BUSINESS Item 12a. Ordinance amendinq Municipal code relatin(3 to business use of sidewalks. The Downtown Business and Property Owners' Association and local produce marketers would like to hold weekly Farmer's Markets in the downtown area. The current ordinance limits the boundaries of open air markets to Wall Street Alley. The request is to expand the location to include the sidewalk on the west side of Chester Avenue between Wall Street and 18~h Street. Affected merchants on Chester Avenue have consented to the use of the sidewalks fronting their businesses. The amendment ordinance would also allow up to 52 open air markets per year, an increase from the current allowance of 13. AT.AC:al cc: Department Heads City Clerk's Office News Media File S:~AGN_HIGH\01 MAY30.wpd May 24, 2001 ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 I AGENDA SECTION: Budgel;. Present. aC ions I ITEM: 2. a. & b. I TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager May 23, 2001 Department Budget Presentations 1. City Attorney's Office 2. Finance Department APPROVED DEPARTMENT HEAD CITY ATFORNEY N/A CITY MANAGER ~ RECOMMENDATION: BACKGROUND: The City Attorney's Office and the Finance Department will provide a detailed overview of their FY 2001-2002 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. May 23, 2001, 2:53pm S:\BUDGE'i-~DMIN RPT 0501.wpd ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Closed Session ITEM: ~.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 21, 2001 APPROVED DEPARTMENT HEAD ~ ClTY ATTORNEY ~ ClTY MANAGERf,~ Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (C) of Government Code section 54956.9. In the Matter of the Claim of: Becky Kaiser, Brian Morrow, and Palm/Olive Concerned Citizens, an unincorporated association RECOMMENDATION: BACKGROUND: BJT:laa MY30CA2.CS May 21,2001, 2:50pm ADMINISTRATIVE REPORT IMEETING DATE: May 30, 2001 IAGENDA SECTION: Appointments ITEM: ?. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~Pamela A. McCarthy, City Clerk May 18, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATI'ORNEY //~ CITY MANAGER /'~"~" One appointment to the Bakersfield Redevelopment Agency, term expired April 22, 2001. RECOMMENDATION: Mayor recommends Council confirmation. BACKGROUND: One appointment to the Central District Development Agency, due to the expiration of term of Albert R. Prince whose term expired April 22, 2001. Pursuant to the Redevelopment Agency Bylaws, members may serve only two consecutive terms. Therefore, Mr. Prince could not seek reappointment to the Agency. One application has been received from Don lan Cohen to fill the expiring term. A copy of his application is provided for your information. The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the reminder of their term. The agency transacts business and exercises its powers under community redevelopment law. The Bakersfield Redevelopment Agency has authority to approve all development agreements subject to approval by the City Council two-thirds vote. Meetings are held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. May 18, 2001, 11:49arn S:~ds&Com m~BRDA~.DMIN0501 .wpd ADMINISTRATIVE REPORT MEETING DATE: HAY 30, 2001 IAGENDA SECTION: Appointments ITEM: 7. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Coun__cil Pamela A. McCarthy, City Cle~-.----j Play 21, 2001 APPROVED DEPARTMENT HEAD ~ ClT~A'FDORNEY~ ClTY MANAGER One appointment by Ward 5 to the Planning Commission, term expires April 17, 2005. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission due to the recent and unexpected passing of Mr. Stephen E. Wages, whose term expires April 17, 2005. Mr. Wages was nominated by Councilmember Hanson and appointed by the Council to serve as Planning Commissioner on April 25, 2001. On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. The Ward 3 and Ward 5 appointments, pursuant to the ordinance, were to be made in April, 2001. Councilmember Maggard's appointment of Mr. David S. Gay was made on April 25, 2001. Applications to fill the position have been received from the following individuals: · Murray Tragish · Sara Lowther Takii · Douglas J. Manifold The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four year terms, but not of a specific ward of the nominating Councilmember. Commission duties are to maintain and interpret the City's General Plan and recommend methods of implementation; maintain the City's zoning ordinance and make recommendations for improvement; review the City's Capital Improvement Plan for consistency with the General Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the above items and on any appeals of site plan review. Meetings are held on the first and third Mondays (noon) and Thursdays (5:30 p.m.) of each month in the Council Chambers, 1501 Truxtun Avenue. S:\Bds&Comm\PLANNING~ADMIN 0501.wpd May 21, 2001, 4:37pm ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk May 18, 2001 Minutes of May 16, 2001 Regular Council Meeting. DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER APPROVED N/A RECOMMENDATION: BACKGROUND: bz S:\Council\admins~.DMINS\MAY3001 .wpd May 18, 2001, 2:34pm ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: R _ h_ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 17, 2001 APPROVED DEPARTMENTHEAD Approval of department payments from May 04, 2001 to May 17, 2001 in the amount of $4,572,673.88 and self insurance payments from May 04, 2001 to May 17, 2001 in the amount of $133,331.60 RECOMMENDATION: Staff recommends approval of payments totaling $4,706,005.48 BACKGROUND: S:\KimG\Forms & Lables~ADMIN~AP.wpd kig ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent ITEM: 8. c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 15, 2001 APPRDVF.~ DEPARTMENT HE~~/ ~ C, TY ATT O RNE Y("-'~'"~/~'~ CITY MANAGE~R ~ SUBJECT: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 420, located at the southwest comer of Stine Road and McKee Road. (Ward 6) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 420 to the City of Bakersfield. The proposed annexation consists of approximately 111 acres of uninhabited land located southwest of Stine Road and McKee Road. MO:pit (admin~m ay~5-30-an nex) May 15, 2001, 11:28am ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent ITEM: 8. d. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 15, 2001 APPROVED DEPARTMENT HE~ SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 421 located along the north side of Brimhall Road, between Jewetta Avenue and Calloway Ddve. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 421 to the City of Bakersfield. The proposed annexation consists of approximately 2 acres of uninhabited land located along the north side of Brimhall Road between Jewetta Avenue and Calloway Drive. The property owner wishes to annex the site in order to receive city services. MO:pit ad rnin~may\5-30-b rimroa May 15, 2001, 1:25pm ADMINISTRATIVE REPORT IMEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director May 18, 2001 APPROVED DEPARTMENT CITY ATTORNEY ' ]~ CITY MANAGER'''/ ~ Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $200,000 annually. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Some areas of southwest Bakersfield have been experiencing continuous sewer odor problems from the Buena Vista Trunk Line which is becoming a nuisance to residents and businesses. Nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine. The City has already received a warning to alleviate the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine. The Public Works Engineering Department contracted with Carollo Engineers to establish an odor alleviation program, which recommends the continuous injection of Bioxide. Bioxide is a proprietary product, patented by U.S. Filters, and is therefore a sole-source product. The Finance Director has determined that Bioxide can only be reasonably obtained from one vendor, U.S. Filters, because of patent restrictions and the need to continually inject the product to control odors in the Buena Vista sewer line. StreetDiv:lap May 18, 2001, 11:29am G:\GROUPOAT~ADMINRPT~2001\May30~ioxide.wpd ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.f:o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director May 14, 2001 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAG ER_~,~ Canyon Hills Senior Housing Project: (WARD 3) 1. Agreement with Canyon Hills Senior Housing, Inc. for Home Investment Partnership Program funds, in the amount of $107,000, for a 74-unit Senior Housing Project in Northeast Bakersfield. 2. A Resolution of the City Council of the City of Bakersfield Regarding the Use of Housing Set Aside Monies Outside the Downtown Redevelopment Project Area. 3. Appropriate $57,000 prior year entitlement and $50,000 current year program income to the Economic and Community Development operating budget within the HOME Program Fund and $310,000 in the reserve fund balance to the Redevelopment Operating Budget within the Downtown Housing Fund. RECOMMENDATION: Staff recommends approval of the agreement. Staff recommends adoption of the resolution. Staff recommends appropriation of $57,000 prior year entitlement and $50,000 of current year program income to the Economic and Community Development operating budget within the HOME Program Fund and $310,000 in the reserve fund balance to the Redevelopment Operating Budget within the Downtown Housing Fund. BACKGROUND: Canyon Hills Senior Housing, Inc., (CHSH) a non- profit affordable housing developer, is nearing completion on a 74-unit senior residential complex located at 6701 Auburn Street in the northeast section of the City of Bakersfield ("the Complex"). In addition to the residential units, a community building containing a kitchen, meeting rooms, a computer room, storage areas and restrooms will be available for all residents. CHSH is in the process of securing their permanent financing for the project. The developer estimates that approximately $680,000 is needed to obtain the permanent financing and finish some minor construction items. Very Iow income resident restrictions placed on the project as required with the tax credits severely DIk:S:~,Admins\Canyon Hills counciLwpd May 24, 2001,8:28am ADMINISTRATIVE REPORT Page 2 limit the amount of permanent loan funds that can be obtained by Canyon Hills. Canyon Hills is requesting a deferred loan in the amount of $310,000 from the Downtown Redevelopment Project Area's housing set-aside funds. This loan would be used to help retire the outstanding construction loan accrued interest portion. The total project cost is approximately $5,515,223.00. CHSH received a little over five million dollars in tax credits from the State Tax Credit Allocation Committee (TCAC) for the Complex. These tax credits were then sold to investors for $3,650,459, which is the amount available to CHSH to help cover project development costs. In addition to the Redevelopment Agency loan, City HOME funds are being requested in the amount of $107,000. It is necessary to use both of these sources of affordable housing funds (Redevelopment and HOME) since the project is near completion in construction and only certain financing costs; operating reserve, bonds and funding fees for permanent financing are eligible expenditures under the HOME program. The table below depicts the uses of the funds requested: Accrued Interest from construction financing $ 310,000 Operating Reserves, Performance bond, funding fees 107,000 Finish construction Items; security gates, landscaping 263,000 Total $ 680,000 The City HOME assistance request was approved by the City's Budget and Finance Committee contingent on the Agency's approval of the $310,000 loan from housing set-aside funds. The Agency unanimously approved the loan request at the regular scheduled May 14, 2001 meeting. Assisting the developer with the Agency loan and Home funds will provide $417,000 of the needed $680,000. The developer expects to generate the remaining funds needed of $263,000 from more favorable interest rates obtained in the financing, a capital contribution from the partnership and phasing in of the remaining few construction items. The table below depicts the sources and amount of funds needed to obtain the permanent financing and complete the project. City of Bakersfield Home Funds Agency 9% Low-Income Housing Tax Credit Developer's equity (land and deferred fees) Permanent Loan Financial Gap Filled by CHSH Investors Total $107,000 $310,000 $3,650,459 $434,764 $750,000 $263,000 $5,515,223 When a Redevelopment Agency uses its housing set-aside funds outside of the redevelopment project area, a finding by resolution must be made by the Agency and the City Council indicating that such an expenditure will benefit the project area. The resolution attached makes the finding that Iow income senior housing is of need and that Canyon Hills Senior Housing Project will benefit the Downtown Redevelopment Project area by serving the seniors in the Bakersfield community and in downtown. 01k:S:~Admins\Canyon Hills council.wpd May 24, 2001, 8:28arn ADMINISTRATIVE REPORT Page 3 An appropriation of $310,000 from the Downtown Housing Fund will be needed to establish a project account for the Canyon Hills transaction. This will leave an available fund balance of approximately $300,000 in the Downtown Housing Fund effective July 1, 2001 - (the expected 20% set-aside for FY 2001-2002). Staff has identified $57,000 of prior year (1999-2000) HOME entitlement funds from a cancelled project and $50,000 in current year (2000-2001) HOME program income that can be used for the purposes identified in the report. DIk:S:~Adrnins\Canyon Hills counciLwpd May 24, 2001,8:28am ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD ~ Tract Maps/Improvement Agreements: CITY MANAGER //'[ Final Map and Improvement Agreements with John Balfanz, Inc., for Tract 5441 Phase F located north of Hageman Road and east of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Coleman Homes Inc. for Tract 6006 Phase I west of Mountain Vista Drive south of Campus Park Drive. (Ward 4) Final Map for Tract 5656-A with Kern River Partners, LLC. The subdivision is located at the southwest corner of Highway 178 and Miramonte Drive. (Ward 3) Final Map and Improvement Agreements with Hampton Place LLC, for Tract 6007 Unit 1 located south of Palm Avenue and west of Alan 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 AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. May 11, 2001, 1:51pm G:\GROUPDAT~DMINRPT~2001\May30\MAPS&IMPAGR.wpd TD ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 Consent Calendar AGENDA SECTION: ITEM: 8.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager May 17, 2001 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ClTY MANAGER ~ Engineering Services Agreement with Kennedy/Jenks Consultants in the amount not to exceed $40,600.00 for the design of Bellevue River Weir with bike path/pedestrian bridge crossing (Ward 4). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: On March 14, 2001 the City Council authorized the appropriation and work plan for $2,500,000 in State grant funds under Proposition 13 for Kern River Parkway Projects. The State Department of Water Resources has accepted the work plan and entered into an agreement with the City to proceed with the projects. This engineering services agreement will provide the design and bid-ready specifications to allow for construction of the Bellevue WeidBicycle Path bridge across the Kern River. When this project is completed, this facility will connect the new 30 acre park currently being designed by the City with the future 40 acre park that will be located on the north side of the Kern River adjacent to Stockdale Highway. S ~2001 ADMIN RPTS/MY30VVT1 CC May 22T 2001, 10:55AM ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. !. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD DATE: May 17, 2001 CITY A'I-FORNE~ ///'~ SUBJECT: CITY MANAGER Agreement in an amount not to exceed $51,684 to conduct After-school Programs within the Greenfield Union School District (VVard 7) RECOMMENDATION: Staff recommends approval of the agreement BACKGROUND: This will be our fourth year of collaboration between the City of Bakersfield and the Greenfield Union School Distdct to provide the benefits of recreation in a school-based after school program. This contract formalizes the intention of our respective agencies to continue to collaborate for the benefits 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 partnership enables the city to conduct recreational classes and activities that complement existing school services. 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 representative 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, Kenddck, McKee, Palla, Plantation, and Planz. Approximately 853 children are served each day by the program. May 17, 2001, 3:01PM P:~Administrative Reports\g reenfieldaffsct~.rep.wpd ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director May 14, 2001 APPROVED DEPARTMENT HEAD~---'~ CIT~ATFORNEY~ ClTY MANAGER Agreement with Bethany Services to sell city-owned property located at 1600 E. Truxtun Avenue for $10.00. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: Last December the Board of Bethany Services requested the City to convey ownership of the Bakersfield Homeless Center (BHC) to Bethany Services, a California non-profit corporation. The Council referred their request to the Budget and Finance Committee and they recommended that staff begin the disposition of the BHC property located at 1600 E. Truxtun Avenue. Bethany Services is currently expanding their operation due east of the Bakersfield Homeless Center and they feel it would be very advantageous to their clients and their operation to consolidate their physical assets. By granting Bethany Services this property, they will receive $1,190,000 in net property assets and be better positioned financially to serve the Bakersfield community in the future. BHC is a full-service center with an annual operating budget of $885,000, where homeless persons can obtain comprehensive, integrated emergency and supportive services at one central location. It is one of two general emergency shelters locally, and is the only program offering intensive case management, child care and health screenings for the general homeless population. Since 1991, BHC has sheltered about 35,000 homeless persons; served about 1.5 million hot meals; helped more than 1,700 persons find jobs; and placed more than 1,100 families in long-term housing. The Center is the largest service provider for homeless persons and their families. The agency is currently expanding by developing additional facilities next door to the immediate east which will include additional storage, classrooms, and meeting/office space. D~k:S:~Admins\BHC Sell Prop.wpd May 17, 2001, 12:08pm ADMINISTRATIVE REPORT Page 2 The City completed a General Plan Consistency Finding (per State of California 65402 review requirements) before the City Planning Commission last February for the BHC property. The property's use value was determined by appraisal to be $1,190,000. The agreement calls for both agencies to equally split closing costs and related escrow expenses. The agreement also requires Bethany Services or its successor to provide emergency shelter eligible services (emergency shelter, essential services and related operating activities) and other assistance to homeless individuals and families at the Bakersfield Homeless Center or thirty (30) years. Additionally, throughout that same thirty-year period, Bethany or its successor will be required to comply with all federal, state and local laws and regulations which apply to use of the facility. DIk:S:~Admins\BHC Sell Prop.wpd May 17, 2001, 12:08pm ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director May 14, 2001 APPROVED DEPARTMENT HEAD ~ CI'I'~ATFORNEY~ ClTY MANAGER Amendment No. 1. to Agreement No. 99-214 with Green Gardens to reflect the correct number of CDBG and HOME-assisted housing units in accordance with Federal Home regulations. (WARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: On August 25, 1999 the Council approved Agreement No. 99-214 granting funds in an amount not to exceed $140,000.00, from the HOME and CDBG Programs to be used to build infrastructure improvements to benefit the Green Gardens affordable housing project. City assistance was used for constructing infrastructure improvements to benefit 90 units of permanent multi-family housing at 2300 South Union Avenue (the northeast corner of Union Avenue and White Lane). The Public Works Department completed needed drainage, street tie-in, and signalization. The off-site improvements improved ingress and egress, surface run- off and neighborhood traffic flow. Green Garden tenants are primarily homeless individuals with multiple disabilities and receive supportive services such as job training, medical assistance, and recreational therapy. Amendment No. I is an administrative clean-up to better reflect the mix of funding used for the improvements and the number of units involved. As required by federal regulations outlined in 24 CFR Part 92, the Amendment will allow the City to close-out Fiscal Year 2000-01 HUD performance reporting by legally distinguishing between those units in the project agreement that have been assisted with HOME funds and those that have not. The original agreement identified 90 HOME-assisted units, and no Community Development Block Grant (CDBG) assisted units. However, to better reflect the ratio of HOME and CDBG funds actually used on the project, Amendment No. I proposes to reflect a mix 87 CDBG and 3 HOME- assisted units. This Amendment contains no financial or additional revisions to the agreement. DIk:S:~,dmins\Green Gardens Amend.wpd May 17, 2001, 12:08pm ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 JAGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD ~'~ May 17, 2001 CITY ATTORNEY CITY MANAGER Amendment No. 2 to Agreement No. 99-68 with Jim Alfter Cement to add additional funds for contract use, not to exceed $200,000. RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: At the March 14, 2001, Council Meeting, Amendment No. I to the annual contract (Agreement No. 99-68) with Jim Alfter Cement Contractor was approved. Amendment No. I extended the Agreement's original expiration date of March 17, 2001, by 6 months. At this time, this HUD annual contract amount is nearly exhausted due to the increased concrete needs of the City. Staff estimates that an additional $200,000 is needed for remaining work on currently budgeted capital improvement projects. Staff recommends increasing the annual contract amount by $200,000 to cover costs on pending work. No additional appropriation is required. This administrative procedure is necessary to cover the annual contract until the item is sent out to bid. This process will begin in August 2001 and become effective during September 2001. ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager May 15, 2001 APPROVED DEPARTMENT HEAD /~r ClTY ATFORNEY ClTY MANAGER SUBJECT: Amendment No. 4 to Agreement No. 96-178 with SPCA Independent Contractors Agreement in the amount of $619,392 to Cover Increased Costs of Operation for FY 2001- 02. RECOMMENDATION: Staff recommends adoption of Amendment. BACKGROUND: The SPCA is experiencing continuing increases in operating costs in addition to costs incurred through new state mandates requiring additional kenneling stays and related costs. The SPCA is thus requesting a monthly increase in its annual contract with the City (Agreement #96-178 (3)) in the amount of $6,482. This will be an increase of $77,784, for a total annual amount of $619,392, or $51,616 per month for FY 2001-02. The current contract amount is $541,608, or $45,134 per month. The proposed contract change is to take effect July 1,2001. (The City's animal control contract with the City extends through June 30, 2003.) The proposed increase in the contract amount will cover only a portion of anticipated increases. In an effort to ensure a portion of costs are borne bythose who will use the SPCA services provided, the SPCA has requested increases in City licensing and animal control fees (attached). For the last several years, the SPCA has delayed asking for fee increases. The last increase in fees was in 1993. A survey of fees of other agencies was conducted to ensure the proposed fees were in keeping with those charged by others. The SPCA is proposing to increase the current fee for altered animals from $14, $28, and $42 for one, two and three-year periods to $15, $30, and $45, respectively; offering senior discounts on altered animals ($10, $20, and $30); increasing the licensing late fee from $10 to $20; increasing owner impound fees on a sliding scale for second ($60) and third+ ($100) impounds; and increasing medical fees from $5 to $10. The .proposed increase in fees will be reviewed as part of the City's normal fee process and will be placed on a future Council agenda for action. The requested contract increase amount has been included in the 2001-2002 proposed budget. (P:\SPCA~,DM01-05-30) May 22, 2001, 2:42pm ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques LaRochelle, Interim Public Works Director May 15, 2001 APPROVED DEPARTMENT HEAD // CITY ATTORNEY .~/. ~/~ CITY MANAGER Roof Replacement - Building 'A' City Corporation Yard: Accept bid to award contract to Garcia Roofing, Inc. in the amount of $46,625.00 for Roof Replacement - Building 'A' City Corporation Yard. (Ward 5) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of roof replacement to a portion of Building 'A' at the City Corporation Yard. The portion to be replaced is above the office area of Recreation and Parks. This project is budgeted in the 2000-01 fiscal year Capital Improvement Program and is funded with Capital Outlay Funds. The Engineer's Estimate for the work is $54,000. Four (4) acceptable bids were received on May 15, 2001, as listed below: Garcia Roofing, Inc. Bid Total 201 Mt. Vernon Avenue Bakersfield, Ca 93307 (County) $ 46,625.00 B & R Roofing Company 4667 N. Blythe Avenue Fresno, Ca 93322 Bid Total $ 46,700.00 California Commercial Roofing Systems 1587 W. Cross Avenue Tulare, Ca 93275 Bid Total $ 49,434.00 Tri-Counties Roofing Co., Inc. 332 No. Bridge Street Visalia, Ca 93291 Bid Total $ 61,528.00 JFIores/c~c G:~GRO U P DAT~ADMIN R PT~20OI~May30~Roof Building Awpd May 16, 2001, 8:04am ADMINISTRATIVE REPORT IMEETING DATE: May 30, 2001 AGENDA SECTION: Consent ITEM: ~ o 0 · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager May 17, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~'/~__~ CITY MANAGER ,~ Reclassification of Engineering Services Manager to Assistant Public Works Director- Engineering RECOMMENDATION: Staff recommends reclassification. BACKGROUND: Returning Public Works Director Raul Roj as and City Manager Alan Tandy have requested the reclassification of Jacques La Rochelle, Engineering Services Manager (currently Interim Public Works Director) to Assistant Public Works Director - Engineering. Mr. La Rochelle has, for some time, been performing at th~ level of Assistant Public Works Director - Engineering. He has been in charge of the department of Public Works any time Mr. Rojas is absent. He assists Mr. Rojas in planning and directing many of the divisions of Public Works and frequently makes presentations to the City Manager and to the City Council. He meets constantly with the public, contractors and heads of other depm'hnents. In addition, he serves as the City's representative on several governmental task forces and committees. These duties will continue and expand with the return of Mr. Rojas. The Miscellaneous Civil Service Commission approved this reclassification at their meeting of May 15, 2001. There is no budgetary impact as there are salary savings from vacant positions.. ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager May 21, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~ Reclassification of Assistant Fire Chief to Deputy Fire Chief RECOMMENDATION: Staff recommends reclassification. BACKGROUND: Two years ago, the City Charter was changed to allow for more than one Deputy Fire Chief. Chief Ron Fraze is now requesting the reclassification of the two Assistant Fire Chief positions to Deputy Fire Chief. At the current time, one of the Assistant Fire Chief positions is vacant. Chief Kirk Blair is the incumbent in the other Assistant Fire Chief position. Chief Blair has been assigned and has been performing the duties of a Deputy Fire Chief as outlined in the job specification, for approximately the last year or more. Chief Blair plans, directs and oversees the Fire Safety Services Division. In addition, he has been responsible for much of the research on planning issues within the department, works closely with public safety groups and agencies, and has performed extensive work on the Emergency Communications Center computer system and the records management system for the department. Chief Blair is in charge of the Fire Department in the absence of the Fire Chief and the current single Deputy Fire Chief. The effect of reclassifying the two Assistant Chief positions to Deputy Fire Chief would be to reclassify Chief Kirk Blair to Deputy Fire Chief and to reclassify the vacant Assistant Chief position to Deputy Fire Chief. Human Resources would then conduct a recruitment for the vacant Deputy Fire Chief position. The positions of Assistant Fire Chief will be eliminated. The Fire Civil Service Commission approved this reclassification at their meeting of May 14, 2001. There is no budgetary impact as there are salary savings from vacant positions. ADMINISTRATIVE MEETING DATE: May 30, 2001 REPORT AGEND~A. SECTION: ITEM: 8 q. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager May 15, 2001 Revised Job Specification: Wastewater Manager APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: At the request of the Public Works Director, the job specification for Wastewater Manager is being changed to revise the minimum qualifications. A recent nationwide recruitment yielded no qualified applicants as the minimum qualifications were too restrictive. There is no budgetary impact as the salary range for Wastewater Manager will remain the same. SUMMARY: The revised job specification was approved by the Miscellaneous Civil Service Board at their May 15, 2001 meeting. May 15, 2001, 7:50am $:~ADMINRPT~WW Manager,wpd ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. r'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 16, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNL~Y ~ CITY MANAGER ,~j Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $114,686.52. RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% is recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) General Services - Airpark General Services - Grafitti Abatement Fire Safety (Haz Mat Plans & Inspections) Police (Alarm Violations & Misc. Activity) Risk Management (Property Damage Claims) $55,654.45 12,346.37 262.62 2,100.00 1,478.74 13,590.99 29,253.35 TOTAL $114,686.52 The recommended write off amount is about .37% of total billing, or less than 1%. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 47.15% or $54,070.84 of the write off amount. In these cases, claims have been filed with the court. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. klg May 16, 2001, 3:32pm S:\KimG\Bill~Admin - WdteOffs.wpd ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Hearings TEM: 9. a o TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 16, 2001 AEPROVED DEPARTMENT CiTY ATTO R N/E,y ' _~/~ ~.~ -' CITY MANAGER SUBJECT: An ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 (Zoning Ordinance) of the Bakersfield Municipal Code (BMC) related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. (All Wards) RECOMMENDATION: Staff recommends first reading of the ordinance. The proposed ordinance amendments were referred to the Urban Development Committee on February 28, 2001. On May 14, 2001, the committee met to discuss the proposed ordinance change. The committee expressed concern that the amendment, while providing a streamlining option to the P.U.D. and P.C.D. process, it did not provide an opportunity for Council involvement except on appeal. The committee directed staff to add language to the proposed ordinance to provide for review by the City Council. That language is as follows: When the P.U.D. or P.C.D. zone is used as a combining zone, all approvals and recommendations by the Planning Commission shall be presented to the City Council for final action following public hearing by the Planning Commission. Matters so presented to the City Council for final action shall not require a noticed public hearing before the City Council except as set forth in (this will reference related section below). If the Council decides to disapprove the recommendation, add to or change any of the conditions recommended by the Planning Commission, the City Council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in Section 17.64.050, may be published, posted and mailed. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in (this will reference related section in existing ordinance). With the proposed change, the committee supported the ordinance and recommended that it be brought back to the Council for action. Additional material from the Planning Commission hearing is contained in the Background section of this report. May 16, 2001, 9:46am ADMINISTRATIVE REPORT Page 2 BACKGROUND: On February 1, 2001, the Planning Commission recommended approval of this ordinance. This ordinance provides that the existing P.U.D. and P.O.D. ordinances be amended to allow their use as either exclusive zones or as combining zones. This would allow property to be zoned C-2/P.C.D. for example, which would give the applicant the entitlements to construct uses allowed under the C-2 zone (General Commercial) and would allow the Planning Commission to review and approve plans for the site once the applicant has firmed up development plans and client prospects. The advantages of using the P.U.D./P.C.D. zones as combining zones are as follows: Community Advantaoes: A. Commission would have design control on unique or sensitive areas. B. Increased neighborhood input on proposed design. C. Commission/Council assurance of design review in controversial rezoning applications. Developer Advantages: A. Applicant receives zoning entitlements prior to investment into project design. B. Project design investment placed nearer to project fruition. Fewer design amendments (processing/timing delays) necessary due to project evolution over time. D. Applicants can assure neighborhoods of future design input opportunity. Existing ordinance provisions: Currently the City's P.U.D. and P.C.D. zones are exclusive zone districts. Preperty to be zoned P.U.D. or P.C.D. requires the applicant to have specific design criteria at hand and the information is presented to the Planning Commission and City Council for approval. The plans themselves become part of the zone. Manipulation of the approved plans after the P.U.D./P.C.D. exclusive zone is approved may take place under Planning Director or Planning Commission review, depending on the extent of proposed chancles. The uses allowed under exclusive P.U.D./P.C.D. zoning are listed within the P.U.D. and P.C.D. sections of the zoning code. P.U.D. zoning allows single and multiple family residential uses (R-l, R-2, R-3 and R-4 uses) in densities governed by the general plan designation within which the P.U.D. zone is assigned. The approved P.U.D. plans lock in the number of units. P.C.D. zoning allows commercial office through general commercial uses (C-0, C-1 and C-2 uses). In both the P.U.D. and P.C.D. zones, the Planning Commission and City Council approve building elevations, site plans and landscape plans. May 16, 2001, 9:08am ADMINISTRATIVE REPORT Page Proposed ChanRes: Under the proposal to use a P.U.D. or P.C.D. zone as a combining zone, the applicant could request an R-l, R-2, R-3 or R-4 residential zone district or a C-0, C-1 or C-2 commercial zone district with a P.U.D. or P.C.D. combining zone. Assignment of the P.U.D. or P.C.D. as a combining zone would allow the applicant to brin,q desi,qn plans back to the PlanninR Commission once they were able to more accurately depict proposed development. The Council could also approve a specific zone classification with a P.U.D./P.C.D. combining zone when the Council deems it necessary to regulate design. It would not be the intent to assign the P.U.D./P.C.D. combining zone in all residential and commercial zone change cases. The P.U.D./P.C.D. combining zone should be reserved for sites with sensitive or unique circumstances, or when public input indicates it would be beneficial. Existing city ordinances which regulate setbacks, building height, landscaping, walls, overlook and various other land use relationships and provisions for access are adequate in most cases. The City once had a D (Desi.qn) overlay zone (formerly BMC Chapter 17.40) which was applied to most multiple family residential and commercial zone districts. This required review of development design by the Commission. The desi,qn review became cumbersome to developers due to its subjectivity and was removed by the City Council and replaced with the current site plan review process in 1982. The site plan review process and existing city ordinances were introduced and amended at that time to address the issues commonly brought up in the design review hearings and codify them as standards with which staff now reviews projects. Notice of this proposed ordinance was provided to the local Building Industry Association, American Institute of Architects, Bakersfield Association of Realtors, and the City's list of engineers and architects. No one spoke in opposition to the proposed ordinance amendments at the Planning Commission hearing. Attached Exhibit "A" is the proposed ordinance. Exhibit "B" is a line out/italics version depicting specific wording changes. ENVIRONMENTAL REVIEW AND DETERMINATION: This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15061 of the State CEQA Guidelines. It can be seen with certainty that the proposed ordinance amendment will not effect the environment and the general rule under CEQA would apply. A Notice of Exemption has been prepared. JM (admin\feb~2-28-pcd) May 16, 2001, 9:08am ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: Reports ITEM: 10. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack R. LaRochelle, Interim Public Works Director May 18, 2001 APPROVED City Manager's Oral Report No. 4-01 from Interim Public Works Director regarding various Solid Waste recycling options. RECOMMENDATION: BACKGROUND: Solid Waste Director Kevin Barnes will present update information regarding the City's options for additional recycling programs. kb May 23, 2001, 11:09am G:\GROUPDAT~DMINRPT~2001\May30\Report 1.wpd ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 IAGENDA SECTION: Reports ITEM: 10ob. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Alan Christensen, Assistant City Manager May 22, 2001 DEPARTMENT HEAD ClTY A'n'ORNEY ClTY MANAGER City Manager Report No. 5-01 on the City Center Project APPROVED RECOMMENDATION: BACKGROUND: City Manager Alan Tandy will give an update on the progress of the City Center Project. ADMINISTRATIVE REPORT IMEETING DATE: May 30, 2001 AGENDA SECTION: Deferred Business ITEM: 11.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 24, 2001 Policy on Reportable Closed Session Action APPROVED DEPARTMENT HEAD ~i CITY ATTORNEY_ Ci'i~MANAGER'~~ RECOMMENDATION: Staff recommends Councildetermination. BACKGROUND: At the City Council meeting of May 16, 2001, the Legislative and Litigation Committee presented to the Council majority and minority reports concerning adoption of a Council policy to report out of closed session the names of Council members who voted against the reportable action taken by the Council during the closed session. Such a policy would only apply to those actions taken which are required by the Brown Act to be immediately reported in the public meeting after returning from closed session and for which there is a Brown Act requirement of reporting the vote tally. During the Council's discussion, the City Attorney was directed to conduct a survey of similar-sized cities in the state to determine their practice regarding the proposed policy and, if the Council member's names were divulged, whether any problems had occurred as a result of such disclosure. Attached is a chart showing the results of a survey of 16 cities throughout the state. These cities range from large cities, to similar-sized cities, to smaller cities. Summarizing the results, 8 cities (50%) report out of closed session only the vote tally, and 8 cities (50%) report the names of the Council members and how they voted. In addition to the survey, a review of all closed sessions held by this Council in the period January 1, 2000 through May 16, 2001 was conducted to provide statistics for the Council's consideration. During this period, 62 closed session items were discussed by the Council. Of these closed session items, 51 were reported as No Reportable Action (due to no action taken, reporting being deferred in accordance with law, or not required to be reported). Of the 51 matters, 34 actions were pursuant to a unanimous vote (7-0, or 6-0 with absent/abstention), two votes did not pass and were, thus, non-action, 5 votes were with one dissenter, 1 vote had two dissenters, 1 vote had three dissenters, and in 12, no action/vote was taken. May 24, 2001, 10:05am ADMINISTRATIVE REPORT Of the remaining 11 matters for which action was reported out in the public meeting, six reported a continuance or completion of either the City Manager's or City Attorney's performance evaluation, three reported the vote taken to increase compensation and bring back at the next Council meeting an amendment to the employment contract of either the City Manager (4-3) or the City Attorney (7-0 and 7-0), one reported on agreed settlement of existing litigation (7-0) and one reported an authorization to appeal an adverse trial verdict (5-1). Therefore, based upon the past 1 7 months, under the proposed policy, only two matters would have required disclosure of the dissenting Council members (City Manager's compensation increase and authorization to file an appeal). The lack of problems associated with disclosure of dissenting council members reported by other cities coincides with our experience that very few reported votes actually have dissenters, and the opportunity for a problem developing is minimal. $:\COUNCIL'~,dm ins\Closed Sessi on RepoAi ng,wp<l BJT:las MY30CA2.DB May 24, 2001, 10:23am ADMINISTRATIVE REPORT IMEETING DATE: May 30, 2001 AGENDA SECTION: Deferred Business ITEM: 11obo TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 23, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /'//1~ Annual Tax Increment Contribution to the Stadium Debt RECOMMENDATION: Staff recommends accept report and directs staff to clarify Council's intent in the Reimbursement Agreement to be brought to Council at a later date. BACKGROUND: During the City Council meeting of May 16, 2001, a discussion occurred concerning whether there existed an ambiguity in the resolutions adopted by the Council and the Bakersfield Redevelopment Agency ("Agency") on March 28, 2001 which imposed the "cap" of $317,000 of annual tax increment from the City Center project to be used to help pay annual debt service on bonds associated with the proposed multi-use stadium. The question posed was whether the "cap" would prohibit the City from receiving more reimbursement from the Agency in the event of, and to make up for, a shortfall in a prior year(s). The City Attorney's Office was directed to review the adopted resolutions and return to the Council, if necessary, with new resolutions to ensure that any potential shortfall of increment contribution could be carried over to succeeding years and paid by the Agency to the City in the event more than $317,000 of tax increment was generated by the City Center project. There is no doubt an ambiguity exists in that the language of the WHEREAS clause in the resolutions could be read two ways; namely, a) the total reimbursement payment by the Agency to the City could not exceed $317,000 regardless of total collected or a previous shortfall, or b) the annual debt of the Agency to the City is established at $317,000, but there is no prohibition to accruing a shortfall and paying for such in a subsequent year. However, this WHEREAS clause also provides that the City and Agency intend to enter into a Reimbursement Agreement which will embody the terms of such reimbursement. Moreover, the BE IT RESOLVED portion of each resolution, paragraph 2.C) provides, in pertinent part: "Payment of tax increment funds to the City, in accordance with the Reimbursement Agreement .... "Therefore, the referenced Reimbursement Agreement, which must be approved by both the Council and Agency, will be the document which controls the terms and conditions associated with the payment by the Agency to the City. May 23, 2001, 10:13arn ADMINISTRATIVE REPORT Page 2 This Reimbursement Agreement will be brought before the two bodies when it is determined that the multi-use stadium project will proceed (approval of the Guaranteed Maximum Price and the issuance of bonds). The City Attorney's Office will ensure a provision in the Reimbursement Agreement contains language which expresses the intent of the Council to allow for accruing shortfalls from the $317,000 "cap" and reimbursing the City for such shortfalls in subsequent years when, and if, the tax increment from the City Center project exceeds the $317,000. Since the appropriate terms will be included in the Reimbursement Agreement, it is not necessaryto adopt new resolutions. BJT:laa MY3OCA1 .DB May 23, 2001, 10:13am ADMINISTRATIVE REPORT MEETING DATE: May 30, 2001 AGENDA SECTION: New Business ITEM: ].2. a. TO: Honorable Mayor and City Council Members ,at.I;~)V E D FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: May 4, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance Amending Section 12.44.031 of Chapter 12.44 of the Bakersfield Municipal Code Relating to Business Use of Sidewalks. RECOMMENDATION: First reading of ordinance. BACKGROUND: Section 12.44.031 (I) authorizes the City Manager to annually review the number of special permits issued for downtown promotions to determine whether the maximum number of permits granted annually shall be increased or decreased. The Downtown Business and Property Owners' Association (formerly known as the "Downtown Business Association") and local produce marketers would like to hold weekly "Farmer's Markets" in the downtown area. The current ordinance limits the boundaries of open air markets to Wall Street Alley. The Downtown Business and Property Owners' Association and local produce marketers desire to expand the location of open-air markets to include the sidewalk area located on the west side of Chester Avenue between Wall Street and 18th Street. Affected merchants on Chester Avenue have consented to such use of the sidewalks fronting their businesses. The ordinance also restricts the number of open air markets to 13 per year. The amended ordinance would allow up to 52 open air markets per year In addition, several sections of Section 12.44.031 contain typographical errors which will be corrected with this modification. S:~Adm ins\openaira.wpd