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.
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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.
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13. COUNCIL & MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
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May 24. 2001 (11:11am)
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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
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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
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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