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HomeMy WebLinkAbout12/12/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF DECEMBER 12, 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 (45 rnin) (5 rain) (15 min) WORKSHOP a. Capital improvement Program Update. (Public Works Staff) b. Report on Relocation of Recreation and Parks Department Offices. (Alan Abe, Assistant Director of Recreation and Parks) c. Report on Status of Entrance Signs Project. CLOSED SESSION Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; City of Bakersfield vs. Gerald D. Lucas, et al.; Kern County Superior Court Case No. 242104- RA Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Joseph Wyatt, et al. vs City of Bakersfield, et al.; Kern County Superior Court Case No. 244305-SPC. REGULAR 1. 2. 3. 4. 5. MEETING INVOCATION by Pastor Mike Popovich, Olive Drive Church PLEDGE OF ALLEGIANCE by Patrick Gomez, 5th Grade Student at Casa Loma School. ROLL CALL CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to James M. Shapazian, Fire Marshal, Bakersfield Fire Department, for 28.5 years of service to the City of Bakersfield. PRESENTATIONS continued Presentation by Mayor Hall of a Proclamation to Steve Schilling, Chief Executive Officer, Clinica Sierra Vista, proclaiming December 22, 2001 as 'Clinica Sierra Vista Day". 6. PUBLIC STATEMENTS APPOINTMENTS a. Two appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Gonzalo Ramirez and Percy Robinson, terms expiring December 31, 2001. Staff recommends Council determination. b. One appointment to the Police Civil Service Board due to the expiration of term of William R. Perry, term expiring December 31,2001. Staff recommends Council determination. c. One appointment to the Fire Civil Service Board, due to the expiration of term of Jeffrey Vetter, term expiring December 31,2001. Staff recommends Council determination. One appointment to the Kern Mosquito and Vector Control District, due to the expiration of term of Morris C. Mahlmann, term expiring December 31,2001. Staff recommends Council determination. (Ward 4) CONSENT CALENDAR Minutes: a. November 28, 2001 Council Meeting. Payments: Payments from November 16, to November 29, 2001 in the amount of $3,525,726.84; and Self Insurance payments from November 16, to November 29, 2001 in the amount of $142,072.11. Ordinances: Ordinance amending Bakersfield Municipal Code Section 1.12.040 byadding Annexation No. 419 to Ward 4, located along the south side of Brimhall Road, west of Jenkins Road. (First reading 11/28/01) (Adoption) -2- (Ward 4) (Ward 5) (Ward4) CONSENT CALENDAR continued Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 418 to Ward 4, located at the southwest corner of Calloway Drive and Meacham Road. (First reading 11/28/01) (Adoption) Ordinance amending Chapter 8.44 of the Bakersfield Municipal Code relating to fireworks. (First Reading) Ordinance amending Chapters 13.04.021 and 13.04.022 of the Bakersfield Municipal Code relating to Policy and Application Process for Maintenance Districts. (First Reading) Resolutions: Resolution of Intention No. 1261, adding territory, Area 1-28 (Truxtun Plaza East) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution preliminarily approving Engineer's Report, setting date for public hearing of protests for Assessment District No. 01-2 (Seven Oaks West II/River Walk/ Southern Oaks) for roadway improvements. Resolution authorizing issuance and sale of General Obligation Water Refunding Bonds, Series 2001, in an amount not to exceed $5,500,000 and: 1. Approve the Bond Purchase Agreement with George K. Baum & Company; Approve the Paying Agent Agreement with U.S. Bank Trust National Association; Approve Bond Counsel Services Agreement with Orrick, Herrington & Sutcliffe LLP; Approve Disclosure Counsel Services Agreement with Pillsbury Winthrop LLP; 5. Authorize preparation of Preliminary Official Statement; and Authorize the Finance Director to execute documents and perform other duties necessary to consummate the transactions herein authorized. -3- 8. CONSENT CALENDAR continued (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) j. Authorization to apply for State Park Bond Act of 2000 Funds: Resolution approving the Applicant to apply for grant funds for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000: Resolution approving the Applicant to apply for grant funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; Resolution approving the application for grant funds in the amount of $402,865. Resolution supporting the establishment of an off-road vehicle park proximate to Metropolitan Bakersfield. Resolution restructuring the Composition of the Local Task Force for Solid Waste. Resolution approving an amended Employees' Deferred Compensation Plan authorizing implementation of the Plan and indemnifying the City's Advisory Committee. Amendment No.8 to Resolution No. 44-93 setting Salaries and Related Benefits for the Temporary Unit (Minimum Wage Salary Adjustment) Agreements: o. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6030, Phase A, located south of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6030, Phase B, located south of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6030, Phase C, located south of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055, Phase A, located south of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055, Phase B, located south of Ming Avenue, west of Buena Vista Road. -4- (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 7) (Ward 1) (Ward 2) (Ward 4) CONSENT CALENDAR continued Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055, Phase C, located south of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055, Phase 0, located south of Ming Avenue, west of Buena Vista Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6001, Phase A, located north of White Lane, west of Buena Vista Road. 9 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6001, Phase B, located north of White Lane, west of Buena Vista Road. 10. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6001, Phase C, located north of White Lane, west of Buena Vista Road. 11. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5827, Phase G, located south of Brimhall Road, east of Jewetta Avenue. 12. Final Map and Improvement Agreements with Polo Greens West, LLC for Tract 5758, Phase 0, located south of Noriega Road, west of Old Farm Road. 13. ' Final Map and Improvement Agreements with Polo Greens West, LLC for Tract 5758, Phase E, located south of Noriega Road, west of Old Farm Road. 14. Final Map and Improvement Agreements with Kyle Carter Homes Inc. for Tract 5993, Phase 2, located south of Snow Road, west of Calloway Drive. 15. Novation between B Squared, LLC, subdivider of recorder, Republic Properties, inc. and G.W. Homes, a Joint Venture, subdivider, and the City of Bakersfield for Tract 5001, Phases 3 and 4, located north of Hosking Avenue, east of South H Street. 16. Improvement Agreement with Church of God Evening Light Saints for Parcel Map 10476, located north of Brundage Lane, west of Oswell Street. Agreement with AIIright Central Parking, Inc. for management services at the City's 18th and Eye Street Parking Structure. Agreement with Equilon Enterprises, LLC and North Kern Water Storage District to allow discharge of treated groundwater into the Calloway Canal System. -5- 8. CONSENT CALENDAR continued (Ward 4) (Ward 3) (Ward 2) r. Physical Assessment Contracts: 1. Agreement with Central Valley Occupational Medical Group. 2. Agreement with Southwest Urgent Care Center. 3. Agreement with Wiliiard B. Christiansen, M.D. Inc. Contract with Jones Hall for bond counsel services in an amount not to exceed $25,O0O. Bids: Accept bid to award annual contract to AmeriPride Uniform Services, not to exceed $350,700 for uniform rental and laundry service for four year period. Accept bid to award contract to Brown & Fowler Construction, $522,516 for CBK Station I and CBK Station 5 facility upgrade, for the Water Resources Department. Accept bid from Telcom, Incorporated, $182,997.82 for Microwave equipment for the Telecommunications Division of Public Works. w. SCADA (Supervisory Control and Data Acquisition) System Conversion: Appropriate and transfer $5,000 Sewer Enterprise Fund balance to the Public Works Department Operating Budget within the Equipment Management Fund to provide sufficient funds to award bid. Accept bid from Applied Technology Group, $30,206.10 for SCADA System Conversion. Miscellaneous: Appropriate $28,000 Transportation Development Act Article 3 Funds to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for the University Avenue Bike Lane Project. Relocation of City Recreation and Parks Department Offices and authorization for the City's Real Property Manager to negotiate lease terms. -6- 8. CONSENT CALENDAR continued Audit Reports: (Refer to Budget & Finance Committee) 1. Comprehensive annual Financial Report (CAFR) for the Fiscal Year ended June 30, 2001. Independent Auditors Report -Single Audit Report -Schedule of Federal Expenditures for the City of Bakersfield for the Fiscal Year ended June 30, 2001. Independent Auditors Report -Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2001. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the Fiscal Year ended June 30, 2001. Independent Auditors Report -Required Communication with Audit Committees in accordance with statement on Auditing Standards #61. Independent Auditors Report on Internet Control Structure of the City of Bakersfield for the Fiscal Year ended June 30,2001. Staff recommends adoption of Consent Calendar Items a. through z. HEARINGS 10. REPORTS Water Board Report No. 2-01 regarding an amendment to the City Water Resources Policy. Staff recommends acceptance of Report and adoption of amended Policy Statement. 11. b. City Center/Creekside Plaza. (Alan Tandy, City Manager) Staff recommends that after a brief presentation, general discussion and comment take place on the subject of advancing Council goals. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT S:\Counci~AGEN DA~DEC 1201 .wpd December 6, 2001 (3:19pm) ectfully submitted, Alan Tandy City Manager -7- TO: FROM: THROUGH: SUBJECT: BAKERSFIELD MEMORANDUM December 7, 2001 HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSON,0~S~STANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - DECEMBER 12, 2001 COUNCIL MEETING PRE-MEETING There are three workshops: 1) Capital Improvement Program Update by Public Works; 2) a report on the relocation of the Recreation and Parks Department by Assistant Recreation and Parks Director Allen Abe; and 3) a report on the entrance signs to the City by Public Works Director Raul Rojas. There are two closed sessions: 1) the City vs. Gerald D. Lucas, et al.; and 2) Joseph Wyatt, et al. vs. the City. APPOINTMENTS There are several appointments to City Boards and Commissions. All of the current appointees have requested to be reappointed. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance amendin(] the Municioal Code bv addin(3 Annexation No. 419to Ward 4. located along the south ~ide of Brimhall Road. west of Jenkins Road. This ordinance was given first reading at the City Council meeting on November 28, 2001. No one spoke in opposition. Item Sd. Ordinance amendin(3 the Municioal Code by addino Annexation No. 418 to Ward 4. located at the sgythw~st corner of Callowav Drive and Meacham Road. This ordinance was given first reading at the City Council meeting on November 28, 2001. No one spoke in apposition. HONORABLE MAYOR AND CITY COUNCIL December 7, 2001 Page -2- Item 8e. Ordinance amending the Municipal Code relating to fireworks. Several issues arose regarding fireworks stands during the 2001 fireworks season requiring the need to make changes to the ordinance. Staff met with the vendors and made amendments to the ordinance which included: 1) permit applications will be submitted by the applicant organizations, not the fireworks vendor; 2) the distance between stands will be measured from the closest point to closest point and 400 feet is established as the minimum distance between stands; and 3) the drawing method will limit a nonprofit entity to one permit. If more than one application is submitted for the drawing using the same tax-exempt status number, the application drawn first will be issued the permit. If at the end of the drawing permits are still available, a supplemental drawing will be held under the same terms and conditions. The Legislative and Litigation Committee recommended approval of the ordinance change and forwarding to the City Council for first reading. Item 8f.. Ordinance amending the Municipal Code relating to Policy and Application Process for Maintenance Districts. On December 3, 2001 the Urban Development Committee discussed the current ordinance, which requires the joining of a maintenance district as a development condition. However, the current ordinance seems to exempt projects needing a Conditional Use Permit or Site Plan Review. To clarify the existing ordinance and include all types of projects, the Urban Development Committee approved a slight modification to the ordinance to eliminate inequities and include in the maintenance district requirement for all new development projects that benefit from landscaping in the public right-of-way and/or parks. The Urban Development Committee recommended approval of the ordinance change and forwarding to the City Council for first reading. Resolutions: Item 8g. Resolution addinq territory, Area 1-28 (Truxtun Plaza East~ to the Consolidated Maintenance District and oreliminarily adoptinq, confirmin(3 and aoorovin(3 the Public Works Director's Reoort. A request has been received from the owner of the property to be included into the Consolidated Maintenance District. The property is generally bounded by Truxtun Avenue on the north, Truxtun Plaza East on the east, the Carrier Canal on the south and a line 570 feet westerly of Truxtun Plaza East on the west. This area will be under the streetscape zone of benefit and will be assigned a tier level when landscaping has been installed. Item 8h. Assessment District No. 01-2 (Seven Oaks West II / River Walk / Southern Oaks). Resolution preliminarily aoorovino Enoineer's Report and settino date for oublic hearinQ of orotests. On October 3, 2001, the Council adopted a resolution approving the Boundary Map and Resolution of Intention. The improvements include roadway and other related improvements to Stockdale Highway, Ming Avenue, White Lane, Campus Park Drive, Old River Road and Mountain Vista Drive. This resolution preliminarily approves the Engineer's Report and sets the date for the public hearing of protests on February 6, 2002. Item 8i Resolution authorizin(3 issuance and sale of General Oblioation Water Refunding Bonds. Series 2001. In 1976, the City of Bakersfield issued the 1976 General Obligation Water Bonds for the purpose of acquiring water rights on the Kern River. These bonds mature on December 15, HONORABLE MAYOR AND CITY COUNCIL December 7, 2001 Page -3- 2006. As a result of lower interest rates, refinancing of these bonds will produce a savings of between $45,000 and $50,000 per year over the remaining five years of the life of the bonds. This resolution will: 1) authorize the issuance and sale of the refunding bonds to George K. Baum & Company, the underwriter; 2) approve the Bond Purchase Agreement; 3) approve the Paying Agent Agreement with U.S. Bank Trust National Association; 4) approve the Bond Counsel Services Agreement with Orrick, Herrington & Sutcliffe LLP; 5) approve the Disclosure Counsel Services Agreement with Pillsbury Winthrop LLP; 6) authorize preparation of the Preliminary Official Statement; and 7) authorize the Finance Director to perform certain acts to consummate the transaction. Item 8i. Resolutions to aDOIv for State Park Bond Act of 2000 funds. In March 2000, California Voters approved Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Costal Protection Bond Act of 2000. This act provides funding that includes per capita distributions to agencies such as the City of Bakersfield. The State has notified the City that we will be receiving funds from Proposition 12 in the form of block grants and per capita allocation including the following: 1) Per Capita Grant Program for $1,357,000; 2) Roberti-Z'Berg-Harris Urban Open Space and Recreation Block Grant Program for $614,260; and 3) Application for Local Grant Project Funds for $402,865 for a total of $2,374,125. The Roberti-Z'Berg-Harris Grant Program requires a 3/7 match. In order for the State to encumber these funds, they are requiring the City to submit authorizing resolutions. The identification of specific projects is not required by the State at this time and the issue of recommending specific projects was referred to the Community Services Committee by Council on November 14, 2001. Item 8k. Resolution suDDortin(~ the establishment of an off-road vehicle oark proximate to Metrooolitan Bakersfield. On November 14, 2001, the Council approved a general plan amendment to establish an open space area in the northeast. Only passive recreational uses will be permitted within the area, which will preclude off-road vehicle use. In order to show a balanced interest for all the existing recreational uses, this resolution expresses the City Council's desire to demonstrate an active role for the establishment of a permanent off-road vehicle park. To provide an area for off- road vehicle (CRV) usage, several square miles of property will be needed to establish a permanent CRV park. It should be located proximate to Metropolitan Bakersfield and have paved public access. The City and the County are eligible to receive funds for off-highway vehicle use and this resolution includes a provision that the City will provide any assistance and support possible in order to establish an CRV park. Item 81. Resolution restructurin(] of the Composition of the Local Task Force for Solid Waste. The California Integrated Waste Management Act of 1989 required the formation of a Local Task Force (LTF) in each county for the purpose of solid waste management planning. In 1990, the LTF in Kern County was created and is composed of ten positions representing the County, City of Bakersfield, the Association of Cities, the hauling industry, along with small and large volume businesses. Due HONORABLE MAYOR AND CITY COUNCIL December 7, 2001 Page -4- to public input and difficulty in filling the small volume generator position, the LTF has approved a change in the structure. The proposed changes include: 1) reduce the number of hauling industry representatives to two, and add a recycling industry representative and 2) replace the large and small volume waste generator representative positions with two members of the public at large, one from universal collection area and one without universal collection service. The proposed changes in structure require approval by resolution from a majority of the cities in Kern County. Item 8m. Resolution aoorovina_ an Amended Emolovee's Deferred Comoensation Plan, authorizing imolementation of the Plan and indemnifvina the City's Advisory Committee. Recently Congress passed and the President signed changes to the laws governing Section 457 Deferred Compensation Plans as part of the Economic Growth and Tax Relief Reconciliation Act of 2001. This new law makes a number of significant changes to Section 457 Plans (such as the City's Deferred Compensation Plan). Some of the more significant changes include increasing the maximum amount an employee in the Plan may defer annually from the current $8,500 to $11,000 in the year 2002, plus $1,000 per year up to $15,000 in the year 2006; then indexed in $500 increments. Catch-up contributions during the three years prior to normal retirement age may be increased from $15,000 to twice the regular elective deferral limit (e.g., $22,000 for the year 2002). This new law also permits employees who turn age 50 or over during the calendar year to contribute an additional amount into the Plan for all Plan years, except during the three years prior to normal retirement age while they are utilizing the regular 457 Catch-up provision. This additional amount is $1,000 in the year 2002, increasing $1,000 each year up to $5,000 in the year 2006, when the amount is then indexed in $500 increments. However, employees will not yet be allowed to make the increased contributions until such time as the State Legislature passes appropriate legislation to make California tax law comply with the new federal law. It is anticipated that the State will act some time after it reconvenes in January. City staff will inform City employees when this does occur so that employees who choose to increase their contributions can do so at that time. Item 8n. Amendment to Resolution setting Salaries and Related Benefits for the Temporary Unit {Minimum Wage Salary Ad!ustment~. The California minimum wage will be changing from $6.25 to $6.75 per hour effective January 1,2002. There are temporary employee classifications that will be below minimum wage ($6.25) and need to be increased to minimum wage ($6.75) in order to be competitive. The temporary classifications include: one Cashier in Recreation; three Clerical Aides - one each in Executive, Finance and Police; and twenty Police Cadet positions. Currently, only the 20 Police Cadet positions ara filled. HONORABLE MAYOR AND CITY COUNCIL December 7, 2001 Page -5- Aereements: Item 8o. Aqreement with AIIriaht Central ParkinQ. Inc. for manaclement services at the City's 18th and Eve Street Parkinq Structure. Since January 1997, Allright Central Parking has had an agreement with the City to operate the parking structure. That agreement was renewed once and is set to expire on December 31, 2001. A request for proposals (RFP) was sent to 35 parking management firms. Two proposals have been received. One from the current operator, AIIright, and one from Parking Company of America (PCA). Although PCA management is less expensive, their proposal was not as thorough in the aspects of their operation and management program. AIIright has presented concepts to potentially enhance the operation and revenues of the parking structure. Staff is recommending an agreement with AIIright Central Parking as their proposal more closely followed the goals as outlined in the request for proposals. Item 8a. Aareement with Eouilon Enterorises. LLC and North Kern Water Storaqe District to allow discharae of treated aroundwater into the Callowav Canal System. This agreement will allow Equilon to discharge treated groundwater from Equilon's Rosedale Highway refinery property into the Calloway Canal system. The groundwater around Equilon's Rosedale refinery contains levels of MTBE, the gasoline additive. Equilon has obtained a permit from the California Regional Water Quality Control Board (Regional Board) to install a series of shallow wells to pump the water and remove the MTBE. The water will be processed to a quality that is suitable for irrigation use, and the Regional Board will allow the discharge into the canal, not to exceed 150 gallons per minute, which is a very minor amount in irrigation flow terms. The City Water Board reviewed this agreement at its special meeting on November 6, 2001 and recommended the approval of the agreement by the City Council Item 8r. Physical Assessment Contracts. The City offers a comprehensive physical assessment program to Police and Fire Safety and Management personnel. Currently the assessments are being performed by Bakersfield Occupational Medical Group. As the agreement was more than seven years old, a new request for proposals was sent out. Five medical clinics responded. A panel of City employees consisting of the Fire Chief, Police Chief, Risk Manager, Human Resources Manager and Police Detective Harry Scott interviewed each of the clinics and conducted site inspections at three of the locations. Based on the proposals submitted, the panel recommends physical assessment contracts with Central Valley Occupational Medical Group, Southwest Urgent Care Center and Williard B. Christiansen, each for a three year term, with a one-year option. The current cost for a physical assessment is $330. Staff is recommending an increase to $405 based upon the increase in medical cost in recent years. Also recommended is adding an optional 02 uptake stress test at a cost of $30, bringing the total cost of an assessment to $435. Staff estimates the annual cost of assessments would go from approximately $15,000 per year to $22,500 per year. Funds are available in the FY 2001-02 budget to cover the increase in costs this fiscal year. HONORABLE MAYOR AND CITY COUNCIL December 7, 2001 Page -6- Item 8s. Approval of Contract with Jones Hall for bond counsel services in an amount not to exceed $25.000. At the City COuncil meeting of November 28, 2001, the City Council gave approval for the City Attorney to retain the services of specialized bond counsel to render assistance to the City relative to the City of Bakersfield (Bakersfield Assisted Living Centers) $801,960 Certificates of Participation - 1991 Series B Bond issuance. This contract for bond counsel services is with Jones Hall in the amount of $25,000. Bids[ Item 8t. Award bid for uniform rental and laundry service for four year period to AmeriPride Uniform Services in the amount of $350,700 for a four-year term. Two acceptable bids were received and staff recommends bid award to AmeriPride Uniform Services. Item 8u. Award bid for CBK Station I and CBK Station 5 facilitv uporade for the Water Resource,~ Department to Brown & Fowler Construction in the amount of $522,516. Four acceptable bids were received and staff recommends bid award to Brown and Fowler Construction. Item 8v. Award bid for Microwave e(~uiDment for the Telecommunications Division of Public Work,~ to Telcom, Incorporated in the amount of $182.997.82. Two acceptable bids were received and staff recommends bid award to Telcom, Incorporated. Item 8w. Award bid for SCADA (Supervisory Control and Data AcQuisition) system conversion to Applied Technoloqv Group in the amount of $30,206.10. To provide sufficient funds to award bid to the lowest bidder, an appropriation and transfer of $5,000 Sewer Enterprise Fund balance to the Public Works Department operating budget within the Equipment Management Fund will be needed. Three bids were received and staff recommends appropriation and transfer of $5,000, and bid award to Applied Technology Group in the amount of $30,206.10. Miscellaneous: Item 8x. Appropriate $28,000 Transportation Development Act Article 3 Funds to the Capit~l Improvement Budqet within the Bikeway and Pedestrian Pathway Fund for the University Avenue, Bike Lane Proiect. The TDA Article 3 Pedestrian Bikeway Program includes $28,000 for the University Avenue Bike Lanes Project. Specifically this project consists of striping the bike lanes on University Avenue between Haley Street and Wenatchee Avenue. TDA funds are available to be appropriated for the project. Item 8v. Relocation of City Recreation and Parks Department offices and authorization for the Ci~,~ Real Property Manager to negotiate lea~e te[ms, For several years, the Recreation and Parks Department has needed office space that is more accessible and convenient to citizens, as well as accommodating the current staff. HONORABLE MAYOR AND CITY COUNCIL December 7, 2001 Page -7- On November 14, 2001, the City Council approved the relocation of the Economic and Community Development Department to the Washington Mutual Bank Building at 1675 Chester Avenue. This building has an additional 11,000 square feet of space available for lease. The Recreation and Parks Department needs approximately 10,000 square feet. Although the available space is spread over three floors, it would be suitable for the department and solve many of the problems associated with the current location. The lease price is estimated at $1.45 per square foot. Using this cost, the department estimates this space would cost approximately $150,000 annually. Funds have been identified in this fiscal year, as well as potential funding for upcoming years that should be sufficient for the lease payments without reducing service levels to the public. The current adopted budget includes $45,000 for new office space. These funds should be sufficient to cover one-time expenses associated with the relocation. Item 8z. Audit Reports. The Finance Director has received several financial audit reports resulting from the City's annual audit. Staff recommends referral of these audit documents to the Budget and Finance Committee. REPORTS Item 10a. Water Board Report No. 2-01 regarding an amendment to the City Water Resources Policy. During the budget hearings this year, it was suggested by Councilmember Couch that the Water Board review alternative uses of funding once the 1976 Water Bond debt has been paid off. The original "Statement of Water Resources Policy" was adopted by the City Council in 1992. Staff was directed by the City Water Board on July 11, 2001 to prepare an additional statement to the Water Resources Policy to address this issue. The City Water Board reviewed the policy addition on November 6, 2001 and recommended acceptance of the report and adoption of the amended Water Resources Policy by the City Council. Item 10b. Citv Center/Creekside Plaza. This item is listed for the purpose of updating City Council on the status of the project and for soliciting Council comments about how to go about achieving Council goals for this area in light of today's circumstances. An administrative report giving substantive background information is in the packet. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File C:\01Dec12.wpd December 6, 2001 ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Workshop ITEM: 2. a. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ////)~_ DATE: November 26, 2001 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Capital Improvement Program Update RECOMMENDATION: BACKGROUND: Public Works staff will give a brief update on the development of the Capital Improvement Program and the status of current projects. dns November 26, 2001, 1:34pm G:\G ROUP DA'~ADMINRP~200 l'~Dec 12~CiP Update.wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 I ITEM: 2 o b. AGENDA SECTION: Workshop TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD ~/"~_~ DATE: December 5, 2001 CITY ATTORNEY ~ SUBJECT: CITY MANAGER Repo~onRelocationofRecreationandParksDepa~mentOffices. RECOMMENDATION: BACKGROUND: Allen Abe, Assistant Director of Recreation and Parks will provide the Council with an overview of relocating Recreation and Parks Department offices. S:\Admins\Report on Relocation December 5, 2001,8:56am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Workshop ITEM: 2. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager December 5, 2001 Status of Entrance Signs Project. APPROVED DEPARTMENT HEAD CITY ATTORNEY /'/~' CITY MANAGER RECOMMENDATION: BACKGROUND: The Community Services Committee met on December 5, 2001 to discuss the status of the Entrance signs Project. Staff and Committee members wile update the Council on any changes to the signs that might be recommended by the Committee. December 5, 2001, 3:17pm S:\Councii~workshop admin.wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 IAGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attomey November 30, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Govemment Code section 54956.9. City of Bakersfield v. Gerald D. Lucas, et al.; Kern County Superior Court Case No. 242104-RA RECOMMENDATION: BACKGROUND: BJT:las DE12CA1.CS November 30, 2001, 11:38am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 30, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Joseph Wyatt, et al. v. City of Bakersfield, et al.; Kern County Superior Court Case No. 244305-SPC RECOMMENDATION: BACKGROUND: BJT:las DE12CA2.CS November 30, 2001, 11:40am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Presentations ITEM: ~.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall November 29, 2001 DEPARTMENT HEAD~_~ CITY ATI'ORNEY CITY MANAGER Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to James M. Shapazian, Fire Marshal, Bakersfield Fire Department, for 28.5 years of service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: November 30, 2001, 9:53am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 IAGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall November 29, 2001 ;, .~OVE D DEPARTMENT HEAD_.~ CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Steve Schilling, Chief Executive Officer, Clinica Sierra Vista, proclaiming December 22, 2001, 'Clinica Sierra Vista Day". RECOMMENDATION: BACKGROUND: November 30. 2001, 9:42am ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Appointments ITEM: 7.a. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerk~.~ DEPARTMENT HEAD DATE: December 5, 2001 CITY ATI'ORNEY CITY MANAGER SUBJECT: Two appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Gonzalo Ramirez and Percy Robinson, terms expiring December 31, 2001. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Two appointment to the Miscellaneous Civil Service Board due to the expiration of terms by Gonzalo Ramirez and Percy Robinson, whose terms expire December 31, 2001. The news release for this recruitment was posted November 1, 2001. Mr. Ramirez and Mr. Robinson have applied for reappointment. A copy of their applications are provided for your information. The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue, Bakersfield. S:\Bds&Com m\MISCCS~ADMIN 12-12-01 .wpd December 5, 2001,3:01pm ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 IAGENDA SECTION: Appointments ITEM: 7, b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City ClerkJ~, December 5, 2001 APPROVED DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER One appointment to the Police Civil Service Board, due to the expiration of term of William R. Perry, term expiring December 31,2001. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Police Civil Service Board due to the expiration of term of William R. Perry whose term expires December 31,2001. The news release for this recruitment was posted November 1, 2001. Mr. Perry has applied for reappointment. A copy of his application is provided for your information. The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601 Truxtun Avenue, Bakersfield. S:\Bds&Comm\POLICE~ADMIN12-12-01 wpd.wpd December 5, 2001, 3:05pm ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Appointments ITEM: 7 oc. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerl~,~, DEPARTMENT HEAD _~x')~ DATE: December 5, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of term of Jeffrey Vetter, term expiring December 31,2001. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Fire Civil Service Board due to the expiration of term of Jeffrey Vetter, whose term expires December 31, 2001 The news release for this recruitment was posted on November 1, 2001. Mr. Vetter has applied for reappointment. A copy of the application is provided for your information. The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the Full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. Ail applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., Human Resources Testing Room, 1501 Truxtun Avenue, Bakersfield. S:\Bds&Comrn\FIRE~ADMIN 12-12-01.wpd December 5, 2001,3:14pm ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Appointments ITEM: ? .d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk~ ~. December 5, 2001 APPROVED DEPARTMENT HEAD ~L~ CITY A'R'ORNEY ~ CITY MANAGER ~*~ ~**~ One appointment to the Kern Mosquito and Vector Control District, due to the expiration of term of Morris C. Mahlmann, term expiring December 31,2001. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Morris C. Mahlmann, whose term expires December 31,2001. The news release was posted November 1, 2001. Mr. Mahlmann has applied for reappointment. A copy of the application and letter of recommendation from the Kern Mosquito and Vector Control District are provided for your information. The primary objective of the Kern Mosquito and Vector Control District is the elimination of mosquito-breeding areas by way of educational services, various control measures and abatement procedure methods when necessary. Members are nominated and appointed by the Council of each respective participating City. Members shall be an elector of the City and a resident o~ that portion of the City which is within the Kern Mosquito and Vector Control.District throughout their 2-year term. All applicants have been encouraged to contact each City Councilmember regarding their interest and qualifications. Meetings are held the second Wednesday of each month at 11:30 a.m. at the District Office, 4705 Allen Road, Bakersfield. S:\Bds&Comm\KMVC~.DMIN 12-12-01 .wpd December 5, 2001, 3:15pm ADMINISTRATIVE MEETING DATE: December 12, 2001 Honorable Mayor and City Council Pamela A. McCarthy, City Clerk October 10, 2001 TO: FROM: DATE: SUBJECT: Minutes of November 28, 2001 Council Meeting. RECOMMENDATION: REPORT AGENDA SECTION: Consent Calendar ITEM: 8.a. DEPARTMENT HEAD ~ CITY ATrORNEY. N/A CITY MANAGER ~ BACKGROUND: bz S:\Council~admins~ADMINS\DEC1201 .wpd December 4, 2001, 1:05pm ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 29, 2001 APPROVED DEPARTMENT H EAD~~'~ CITY ATTORNEY CITY MANAGER Approval of department payments from November 16, 2001 to November 29, 2001 in the amount of $3,525,726.84 and self insurance payments from November 16, 2001 to November 29, 2001 in the amount of $142,072.11. REcoMMENDATION: Staff recommends approval of payments totaling $3,667,798.95 BACKGROUND: S:\KimG\Forms & LablesW, DMIN~AP.wpd klg ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning December 4, 2001 IAGENDA SECTION: Consent ITEM: 8 .c. //~VED DEPARTMENT HEAIjX /~ CITY ATTORNF_~'/~' CITY MANAGER SUBJECT: An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 419 to Ward 4, located along the south side of Brimhall Road, west of Jenkins Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on November 28, 2001. This Ordinance amends the ward boundaries to include Annexation No. 419 area into the corresponding Council ward. The annexation was approved by LAFCO and complete and in the City on November 16, 2001. Estimated Annexation Ward No.' Population Annexation No. 419 4 0 Annexation No. 419 is located along the south side of Brimhall Road, west of Jenkins Road. The site consists of 40 +/- acres of land. The site is currently undeveloped and plans have been approved to develop single family residential on half the site. The property owners requested annexation to receive city services. (MO:Pit) (admin\dec\l 2-12-a419) December 4, 2001, 8:43am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent ITEM: $.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 4, 2001 APPROVED DEPARTMENT HE~ CITY ATTORI~EY ~:'/g CITY MANAGER ~ An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 418 to Ward 4, located at the southwest comer of Calloway Drive and Meacham Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The City Council conducted the first reading on November 28, 2001. This Ordinance amends the ward boundaries to include Annexation No. 418 area into the corresponding Council ward. The annexation was approved by LAFCO and complete and in the City on October 25, 2001. Estimated Annexation Ward No. Population Annexation No. 418 4 0 Annexation No. 418 is located southwest corner of Calloway Drive and Meacham Road. The site consists of 3.65 +/- acres of land. The site will be developed with a church facility. The property owners requested annexation to receive city services. (MO:pit) (admin\nov\12-12-a418) December 4, 2001, 8:41am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar TEM: 8. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 29, 2001 APPROVED DEPARTMENT CITY ATTORNEY '"~/~- CITY MANAGER Ordinance Amending Chapter 8.44 of the Bakersfield Municipal Code Relating to Fireworks. RECOMMENDATION: First Reading. BACKGROUND: Several problems arose in administering the fireworks ordinance during the 2001 season: A vendor, filing applications for their customers - the nonprofit groups, filed five unauthorized applications. Had this not been detected, permits would have been used by organizations other than those to which permits had been issued. A distance of at least 600 feet is required between stands. The ordinance does not specify how the distance is to be measured nor does it provide for establishing priority between applicants whose location violates the distance requirement. The ordinance has been incorrectly interpreted to mean an organization could be a group of at least 35 members within a nonprofit entity resulting in a few situations where a single nonprofit holds two permits. Staff feels this is not consistent with the ordinance nor in the interest of fairness to other nonprofits seeking only one permit. City staff drafted amendments to the ordinance to correct these problems and subsequently met with the vendors who made recommendations that are now included in the amendments. The following is a summary of the proposed amendments. Permit applications will be submitted by the applicant organizations - not the fireworks vendors. The application period changes to Mamh 1s~ through March 31st. Renewal applications (those that had permits prior to the amendment linking the total number of permits issued to a population formula) are to be complete packages whereas drawing applications need only include evidence of nonprofit status and a bona fide C:\Documents and Settings~kgearhar~Admin - OrdinanceAmendment.wpd ADMINISTRATIVE REPORT Page 2 membership list of at least 35. The time for the "drawing" is no later than April 10~ of each year. Successful drawing applicants will have until May 15th to find a stand location and complete their application. The distance between stands will be measured from closest point to closest point and 400 feet is established as the minimum distance between stands. Groups retuming to their previously approved plot plan location will be given priority. If two or more applications for a new stand location are within 400 feet, preference will be determined by a drawing. In the event more than one application is submitted for the drawing by an applicant using the same State of California or federal tax - exempt status determination letter (identification number), drawing of the first application utilizing this letter renders the remaining applications utilizing the same letter ineligible for a permit from the initial drawing. This drawing method will limit a nonprofit entity to one permit. If at the end of the drawing, permits are still available, a supplemental drawing will be held under the same terms and conditions of the initial drawing in which previously ruled ineligible applications will be entered. This process of supplemental drawings will continue until all permits are drawn or until the applications are exhausted. The amended ordinance prohibits advertising and display of merchandise (fireworks) on the roof of the stand and sales of other items including food and beverages at the stand location. Canopies and awnings that conform to the Uniform Fire Code can be used as shading devices at stands subject to certain limitations. These amendments were discussed at the Legislative and Litigation Committee meetings on October 22 and November 19, 2001. The committee approved submitting the amendments to Council for first reading. ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: $. f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD //2_ December 4, 2001 CITY ATTORNEY CITY MANAGER First reading of an O~:dinance Amending Chapters 13.04.021 and 13.04.022 of the Bakersfield Municipal Code relating to Policy and Application Process for Maintenance Districts. RECOMMENDATION: Urban Development. Co,~mil:.,t~ee recommends first reading of [ne oro~nance. BACKGROUND: On December 3, 2001, the Urban Development Committee discussed Bakersfield Municipal Code Chapter 13.04 which requires the joining of a maintenance distdct as a development condition. The current Ordinance requires the formation of a maintenance distdct for developments that benefit from landscaping in the public right-of-way and/or public parks. However, the application of the Ordinance appears to exempt projects needing a Conditional Use Permit or Site Plan Review. To clarify the existing Ordinance and include all types of projects, the Urban Development Committee approved a slight modification to the Ordinance to eliminate inequities in development projects. As such, the attached Ordinance revision is submitted for first reading. VG:alj S;\COUNClL~,dmins\13.04Arnend. MaintenDistdct.wpd DE12CA.CC REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar TEM: 8 .g. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas,'Public Works Director DEPARTMENT HEAD ~//~. DATE: November 26, 2001 CITY ATTORNEY ~ SUBJECT: CITY MANAGER Resolution of Intention No. 1261 to add territory, Area 1-28 (Truxtun Plaza East) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel B of Lot Line Adjustment No. 249, to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-28 is generally bounded by Truxtun Avenue on the north, Truxtun Plaza East on the east, the Carrier Canal on the south and a line 570 feet westerly of Truxtun Plaza East on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with any future subdivision maps. A copy of this covenant is attached for reference. Ivd November 21, 2001, 4:22PM S:\PROJECTS\MAINDIST~ADMINRPT~md 1~28ri01 .wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: $. h. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD .~- DATE: November 21,2001 CITY A'I-rORNEY CITY MANAGER ('~Ti..T~ SUBJECT: Assessment District No. 01-2, (Seven Oaks West II / River Walk / Southern Oaks). Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of protests,(~ r oadwa y improvement, s~) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On October 3, 2001, Council adopted the Resolution Approving the Boundary Map and the Resolution of Intention. The improvements include roadway improvements to Stockdale Highway, Ming Avenue, White Lane, Campus Park Ddve, Old River Road and Mountain Vista Drive, together with water lines, sewer, storm drains, curb, gutter, sidewalk, street lights, median, block walls and landscaping and Single Box Culvert. The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing to hear protests on February 6, 2001. Once the Resolution is adopted, the next step is to mail notices and have the Assessment Engineer prepare and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be ready for Council's adoption on the February 6, 2001 meeting just after the close of the protest hearing. The Preliminary Engineer's Report is on file at the City Clerk's Office. C:~Documents and Settings~glorer~'~Locel Settings~Temp~AD 01-2prelrpt.w~ December 5, 2001, 9:46am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar TEM: 8 ' -i TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney December 5, 2001 DEPARTMENT HEAD CITY ATrORNEY ClTY MANAGER APPROVED SUBJECT: Resolution authorizing issuance and sale of General Obligation Water Refunding Bonds, Series 2001 in an amount not to exceed $5,500,000, and 1) 2) 3) 4) 5) 6) Approving the Bond Purchase Agreement with George K. Baum & Company; Approving the Paying Agent Agreement with U.S. Bank Trust National Association; Approving Bond Counsel Services Agreement with Orrick, Herrington & Sutcliffe LLP; Approving Disclosure Counsel Services Agreement with Pillsbury Winthrop LLP; Authorizing preparation of Preliminary Official Statement; and Authorizing the Finance Director to execute documents and perform other duties necessary to consummate the transactions herein authorized. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In 1976, the City of Bakersfield issued the 1976 General Obligation Water Bonds for the purpose of acquiring water rights on the Kern River. These bonds mature on December 15, 2006. As a result of lower interest rates, the refunding of such bonds will produce a savings of between $45,000 and $50,000 per year over the remaining five years of the life of the bonds. All costs associated with the issuance of the refunding bonds shall come out of the proceeds of the sale. BJT:las S:~COUNCIL~Admins\Water Refunding Bonds.wpd DE12CA1 .CC December 5, 2001,4:19pm ADMINIST TIVE REPORT IMEETING DATE: December 12, 2001 I ITEM: 8.j. AGENDA SECTION: Consent TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation & Parks APPROVED DEPARTMENTHEAD~---~ December 5, 2001 CITY ATTORNEY ,/~/'~ CITY MANAGER Authorization to apply for State Park Bond Act of 2000 funds: Resolution of the City Council of Bakersfield Approving the Applicant to Apply for Grant Funds for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. Resolution of the City Council of Bakersfield Approving the Applicant to Apply for Grant Funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. Resolution of the City Council of Bakersfield Approving the Application for Grant Funds in the Amount of $402,865. RECOMMENDATION: Staff recommends adoption of all three (3) resolutions. BACKGROUND: In March 2000, California voters approved Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Costal Protection Bond Act of 2000. This act provides funding that includes per capita distributions to agencies such as the City of Bakersfield. The State has notified the City that we will be receiving funds from Proposition 12 in the form of b~ock grants and per capita allocation including the following: December 5, 2001, 4:25PM P:~Admin Rpts~Park Bond 2000 - Resolutions,~d ADMINISTRATIVE REPORT Page 2 Per Capita Grant Program Roberti-Z'Berg-Hards Urban Open Space and Recreation Block Grant Program Application for Local Grant Project Funds $1,357,000 $ 614,260 $ 402,865 $2,374,125 Per Capita Grants and Roberti-Z'Berg-Harris Urban Open Space and Recreation Block Grant Program funds are allocated to cities, counties, and park and recreation districts on a population- based formula. The Roberti-Z'Berg-Harris Grant Program raquiras a 3/7 match from private or non- State sources. Upon receipt of the contracts and identification of projects, the Recreation and Parks Department will request an appropriation of funds for the match. Due to an error in the language of the State Park Bond Act of 2000, six cities in California including the City of Bakersfield were allocated Local Grant Project funds through a population-based formula to correct this discrepancy. In order for the State to encumber these funds, they ara requiring the City to submit authorizing resolutions. The identification of specific projects is not required by the State at this time and the issue of recommending specific projects was referred to the Community Service Committee by Council on November 14, 2001. December 5, 2001,4:25PM P:~Adrnin Rpts\Park Bond 2000 - Resolutions.~pd ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8, k, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack Hardisty, Development Services Director December 5, 2001 DEPARTMENT H EA[~,~_~ CITY ATI'ORNEY~ CITY MANAGER _~'~,'~ Resolution supporting the establishment of an off-road vehicle park proximate to Metropolitan Bakersfield. (City-wide) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On November 14, 2001, the City of Bakersfield approved a General Plan Amendment to establish an open space area in northeast Bakersfield. Only passive recreational uses will be permitted within the area which will preclude off-road use in the area. In order to show a balanced interest for all the existing recreational uses of the northeast area, the City Council wishes to demonstrate an active role for the establishment of permanent off-road vehicle park. Toward this end, the Council will participate and coordinate with the County of Kern as they are able to help in this worthy effort. December 5, 2001, 4:58pm ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Agenda ITEM: 8.1. TO: Honorable Mayor and City Council APPROVED FROM! Raul Rojas, Public Works Director DEPARTMENT .EAD~)"~ U DATE: November 26, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Restructuring of the Composition of the Local Task Force for Solid Waste RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The California Integrated Waste Management Act of 1989 (Assembly Bill 939) required the formation of a Local Task Force (LTF) in each county for the purpose of solid waste management planning. The LTF in Kern County was created in 1990, and is currently composed of ten positions representing the County of Kern, the City of Bakersfield, the Association of Cities, and the hauling industry, along with small and large volume businesses as concerned waste generators. Due to public input asking for less representation from the hauling industry and more from the recycling industry, and due to difficulty in filling the small volume generator position, the LTF has approved a change in the structure. The proposed change is twofold: 1. Reduce the number of hauling industry representatives to two, and add a recycling industry representative. 2. Replace the large and small volume waste generator representative positions with two members of the public at large, one each from areas with and without universal refuse collection service. The proposed change in LTF structure requires approval by resolution from a majority of the cities in Kern County. The proposed change does not alter the City's representation on the LTF. Staff therefore recommends approval of the proposed change as requested by the LTF. kb November 29, 2001, 3:20pm C:\WINDOWS\TEMP\Local Task Force Restructuring.wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 .m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Robert M. Sherry, Assistant City Attorney December 3, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /~----~ A Resolution approving an Amended Employees' Deferred Compensation Plan, authorizing implementation of the Plan and indemnifying the City's Advisory Committee. RECOMMENDATION: staff recommends adoption of resolution. BACKGROUND: Recently the Congress passed and the President signed changes to the laws governing Section 457 Deferred Compensation Plans as part of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). This new law makes a number of significant changes to Section 457 Plans (such as the City of Bakersfield's Deferred Compensation Plan). Some of the more significant changes include increasing the maximum amount an employee in the Plan may defer annually from the current $8,500 to $11,000 in the year 2002, plus $1,000 per year up to $15,000 in the year 2006, then indexed in $500 increments. Catch-up contributions during the three years prior to normal retirement age may be increased from $15,000 to twice the regular elective deferral limit. (e.g., $22,000 for the year 2002.) EGTRRA permits employees who turn age 50 or over during the calendar year to contribute an additional amount into the Plan for all Plan years, except during the three years prior to normal retirement age while they are utilizing the regular 457 Catch-up provision. The additional amount is $1,000 in the year 2002, increasing $1,000 each year up to $5,000 in the year 2006, when the amount is then indexed in $500 increments. EGTRRA also allows portability of retirement assets to and from certain retirement plans. In addition, EGTRRA provides for a number of technical changes which include the relaxing of certain distribution rules, provisions relating to mandatory cashouts, and various other provisions. The only provision of EGTRRA not offered under the City's Plan is the option to allow participants to contribute to an IRA (Individual Retirement Account) under the Plan. DEC13CA.CC December 3, 2001, 3:12pm ADMINISTRATIVE REPORT However, before employees are allowed to make the increased contribution amounts or catch-up contributions allowed under EGTRRA, California tax law will need to be updated. The International City Managers Association (ICMA) (which, along with National Deferred, administer the City's Deferred Compensation Plan), recommends that cities update their 457 Plans now in order to complywith EGTRRA, as the federal law is effective January 1, 2002, and many of the changes are mandatory. However, employees will not yet be allowed to make the increased contributions until such time as the State Legislature passes, and the Governor signs, appropriate legislation to make California tax law comply with the new federal law. It is anticipated that the state will act some time after it reconvenes in January. City staff will inform City employees when this does occur so that employees who choose to increase their contributions can do so at that time. RMS:dlr DEC13CA.CC December 3, 200% 4:52pm ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: Honorable Mayor and City Council APPROVED. FROM: Carroll Hayden, Human Resources Manager ~' DEPARTMENT HEAD ..,,_ ,/~. DATE: November 20, 2001 CITY ATTORNEY SUBJECT: ClTY MANAGER ~ Minimum Wage Salary Adjustments 1) Amendment No. 8 to Resolution No. 44-93 setting Salaries and Related Benefits for the Temporary Unit (Minimum Wage) RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: The Califomia minimum wage will be changing from $6.25 to $6.75 per hour effective January 1, 2002. The following Temporary Employee classifications will be below the State minimum wage effective with the January 2002 change and will need to be increased in order to be competitive. Listed below is the number of employees in each affected classification, their rate of pay and their department. TEMPORARY EMPLOYEE CURRENT CURRENT NEW CLASSIFICATION RATE/HR NUMBER RATE/HR DEPT. Cashier $6.25 0 $6.75 Recreation Clerical Aide $6.25 0 $6,75 Executive 0 Finance 0 Police Police Cadet $6.25 20 $6.75 Police November 21, 2001, 4:47pm S:~ADMINRPT~Minimum Wage Increase.wpd ADMINISTRATIVE REPORT Although most of our Temporary employees are employed by a temporary help agency, there may come a time when the City of Bakersfield might need to hire them directly. Staff recommends Council approval of Amendment No. 8 and that the current Temporary classifications listed above be increased from $6.25 to $6.75 per hour (as indicated above) effective January 1, 2002 in order to be competitive with the California minimum wage increase. . November 21, 2001, 4:47pm S:~ADMINRP'rlMinimum Wage Increase.wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.o. TO: FROM: DATE: SUBJECT: (1) (2) (4) (5) (6) (7) (6) (g) (lO) Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 26, 2001 APPROVED DEPARTMENT HEAD ¢ "~ ~-~ CITY ATFORNEY ~ CITY MANAGER ~ Tract Maps/Improvement Agreements Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6030 Phase A located south of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6030 Phase B, located south of Ming Avenue and west of Buena Vista Road. ( Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6030 Phase C located south of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055 Phase A located south of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055 Phase B located south of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055 Phase C located south of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 6055 Phase D located south of Ming Avenue and west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California Phase A located north of white Lane and west of Buena Vista Road. Final Map and Improvement Agreements with Castle & Cooke California Phase B located north of White Lane and west of Buena Vista Road. Inc For Tract 6001 (Ward 4) Inc. for Tract 6001 (Ward 4) Final Map and Improvement Agreement with Castle &/Cooke California, Inc. for Tract 6001 Phase C located North of White Lane and west of Buena Vista Road. (Ward 4) PE: um November 30, 2001, 9:26am ADMINISTRATIVE REPORT Page 2 (11) (12) (13) (14) (15) (16) Final Map and Improvement Agreements width Castle & Cooke California, Inc.,Tract 5827 Phase G located south of Brimhall Road and east of Jewetta Avenue. Ward 4) Final Map and Improvement Agreements with Polo Greens West, LLC for Tract 5758 Phase D located south of Noriega Road and west of Old Farm Road. (Ward 4) Final Map and Improvement Agreements with Polo Gfreens West, LLC for Tract 5758 Phase E located south of Noriega Road and west of Old Farm Road. (Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes Inc. for Tract 5993 Phase 2 located south of Snow Road and west of Calloway Drive. (Ward 4) Novation between "B" Squared, LLC, subdivider of recorder, Republic Properties, Inc. and G. W. Homes, a Joint Venture, subdivider, and the City of Bakersfield for Tract 5001 Phases 3 and 4 located north of Hosking Avenue and east of South H Street. (Ward 7) Improvement Agreement with Church of God Evening Light Saints for Parcel Map 10476 located north of Brundage Lane and west Oswell Street. (Ward 1) 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 or the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. PE: uts C:~MyFiles\test.wpd November 30, 2001, 9:26am ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kurtz, Economic Development Director November 30, 2001 APPROVED DEPARTMENT HEAD CIT~A'I'IORNEY,~j.~ CITY MANAGER Agreement with AIIright Central Parking, Inc. for management services at the City's 18'h and Eye Street Parking Structure. (Ward 2) RECOMMENDATION: Staffrecommendsapproval. BACKGROUND: AIIright Central (AIIright) has been the parking operator at the 18~h and Eye Street Parking Structure since January 1, 1997. The agreement with AIIright was renewed in January 1999, and pursuant to the contract is now set to expire on December 31, 2001. In September 2001, Economic and Community Development staff initiated a Request for Proposals (RFP) process for firms interested in the management, operation and marketing of the parking structure to submit proposals. To ensure a competitive bid process the RFP was sent to 35 parking management firms. On October 12, two proposals were received from AIIright and Parking Company of America (PCA). The RFP was written with the decision to recommend an award based on the following goals: 1. To create a responsive administrative structure for the parking structure, 2. To strive to serve the parking needs of all user groups, 3. To promote a safe, user-friendly, convenient, and well-maintained parking structure, and 4. To develop and provide a parking system that is both affordable for the various users as well as self-sustaining. In addition to these goals, staff reviewed the implementation program for each company's management and operational strategy which contained the following components: Staffing Plan/Personnel Management Auditing/Revenue Control C:~My Files~.AIIright Central admin.wpd ADMINISTRATIVE REPORT Page2 Security Plan and initiatives Traffic Control Plans Equipment Maintenance/Operation Customer/Public Relation Strategies Promotional/Marketing Programs Employees Training Programs Maintenance Management Fee Proposals, as presented in the following chart: Current AIIright Contract Allright Proposal PCA Proposal Pricing Level Price Level Price Level Mgt Fee 218 leased + 82 daily = Mgt Fee 243 leased + 82 daily = Mgt Fee Flat fee for all 545 spaces= $1.25 300 spaces = $375/mo. $1.25 325 spaces x $1.25 = $1.38 $752.10/mo. $406.25/mo. Incentive More than 300 spaces = Incentive More than 325 spaces x n/a n/a Fee ' $918.75 Fee $3.75 = $825.00/mo. $2.50 $2.50 Maximum $1293.75/mo ...... $1231.25/mo ...... $752.10/mo. Fee Allright has reduced their monthly service charge by increasing the incentive bonus from 300 spaces to 325 spaces. During AIIright's tenure as the parking structure's operator the firm has diligently and responsibly carried out its contractual duties. Affright has a comprehensive familiarity with the garage operation, with City's staff, the local businesses and their clients. The garage has been safe, profitable, well maintained and has met the varying needs of the City. Since 1997, AIIright has increased revenues from $74,500.00 to $96,250.00. After evaluating the two proposals staff is recommending the City continue to contract with AIIright. Although Parking Company of America management is less expensive, their proposal was not as thorough in the aspects of their operation and management program. Allright has presented concepts to potentially enhance the operation and the revenues. These ideas include updating uniforms, enhancing the current revenue control equipment, utilize a newer, more extensive reporting system, reducing labor costs and expanding off- peak marketing of the facility. The important business terms of the proposed Agreement with AIIright Central, Inc. are: 1) 2) 3) 4) Four year agreement renewable after the first two years for another two years The Management Fee and Incentive Fee structure specified above. The necessary City insurance requirements have been incorporated into the Agreement. A Customer/Public Relations and Promotional/Marketing Program has been incorporated into the Aqreement. No other substantive changes are included in the Agreement as compared with the current Agreement. C:\My Files~Allright Central admin.wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 .q. TO: Honorable Mayor and City Council APPRC)VED FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD (-.-~,~, DATE: November 27, 2001 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Agreement with Equilon Enterprises, LLC and North Kern Water Storage District to Altow Discharge of Treated Groundwater into the Calloway Canal System (Ward RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: This agreement will allow Equilon Enterprises LLC to discharge treated groundwater, from Equilon's Rosedale Highway refinery property, into the Calloway Canal system. Equilon recognizes that certain shallow groundwater in and around its Rosedale refinery contains levels of the contaminant methyl tertiary-butyl ether (MTBE), a compound that is added to gasoline to make gasoline bum cleaner. Equilon has obtained a permit from the California Regional Water Quality Control Board (Regional Board) to install a sedes of shallow wells to pump the contaminated water out and remove the MTBE. The water will be processed to a quality that is suitable for use as an irrigation supply. The instantaneous flow rate is not to exceed 150 gallons per minute, a very minor amount in irrigation flow terms. The Regional Board will allow the discharge to the canal absent other flows, thus returning the processed water to the groundwater through seepage in the unlined canal. When other water is transported in the canal, the mixed product will be used for irrigation deliveries north of Bakersfield. The Calloway Canal system is owned by the North Kern Water Storage District and the City owns 50% capacity rights to transport water in the canal system. This agreement references Federal, State and local permitting, water quality monitoring, City indemnifl~.atlon, liability, termination and any new water quality standard or provision pertaining to discharging into the Calloway Canal System, whether in existence on the date of this agreement is executed or at any subsequent time. A annual monitoring fee is being assessed on Equilon. The collected fee is split between the City and North Kern based on annual flow rates of each in the canal system. This agreement is effective at the time of signature by the City and is in effect until and including December 31, 2010. In addition, provisions for suspension or termination, with just cause, may be invoked upon forty-eight (48) hours notice, for such items as water quality deficiencies or failure to maintain State or Federal permits. The City Water Beard reviewed this agreement at its special meeting on November 6, 2001. The Water Board approved and recommended approval by the City Council. FC:fc November 26, 2001, 11:22am S:~00! AD~,~N P..PTS\DE !2Vv-~01. CC ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager November 28, 2001 Physical Assessment Contracts: 1. Central Valley Occupational Medical Group-Agreement 2. Southwest Urgent Care Center-Agreement 3. Williard B. Christiansen, M.D., Inc.-Agreement APPROVED DEPARTMENT HEAD~__~__ CITY ATI'ORNEY ~ CITY MANAGER RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield offers a comprehensive physical assessment program to Police and Fire Safety personnel and Management personnel. The physical assessments are optional and results of the assessment are confidential and for the individual employee's use only. The purpose of the assessment is to identify dsk factors and educate employees on lifestyle changes to reduce' these risks. This will help reduce health care and workers' compensation costs to the city. Currently, the physical assessments are being performed by Bakersfield Occupational Medical Group (BOMG). As the agreement with BOMG is more than seven years old, a new request for proposal was issued. The following medical clinics responded to the Request for Proposal: 2. 3. 4. 5. Central Valley Occupational Medical Group, Inc., Southwest Urgent Care Center Williard B. Christiansen, M.D., Inc. Bakersfield Occupational Medical Group Business Health Network A panel of city employees interviewed each of the clinics that responded to the Request for Proposal. The panel consisted of Patrick Flaherty, Risk Manager; Ron Fraze, Fire Chief; Carroll Hayden, Human Resources Manager; and Harry Scott, Police Detective. A site inspection was also performed at three of the clinics. Based on the proposals submitted, the interviews with each provider, and the site inspections, the panel recommends Central Valley Occupational Medical Group, Southwest Urgent Care Center, and Williard B. November 30, 2001,2:13pm S:~Admin Rpts~2001\physical assessment contracts 12-12-01.wpd ADMINISTRATIVE REPORT .age 2 Christiansen, M.D., Inc., be selected to provide phySical assessments. The selection of three clinics will give employees a choice of clinics to utilize and should help increase participation in the program. The cost of the current physical assessment is $330. We recommend the cost of the assessment be increased to $405. The increase is based upon the increase in medical cost in recent years. We would also recommend offering an 02 uptake to the stress test portion of the physical assessment, on an optional basis. This is a precedure that was recommended by the physicians, especially for fire personnel. If an employee elected to undergo the 02 uptake, the increase would be $30, bringing the total cost of the physical assessment to $435. There are three separate contracts recommended for approval. Each contract has a term of three years, with a one-year option. Because each contract provides for physical assessments on a per unit basis, the total cost of the contract is unknown. However, in FY 00-01 about $15,000 was expended for physical assessments. Therefore, staff estimates that even with increased participation by employees of 50%, the annual cost of assessments would be approximately $22,500. Funds are available in the FY 01-02 budget to cover the increase in costs this fiscal year. Depending upon participation in the program, staff would request an increase in the risk management budget next year to cover increased costs for the assessments. November 30, 2001, 2:13pm S:~Admin Rpts~001\physical assessment contracts 12-12-01.wpd ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney December 3, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of contract with Jones Hall for bond counsel services in an amount not to $25,000.00. APPROVED (ceed RECOMMENDATION: Staff recommends approval of the contract. BACKGROUND: At the City Council meeting of November 28, 2001, the City Council gave approval for the City Attorney to retain the services of specialized bond counsel to render assistance to the City relative to the City of Bakersfield (Bakersfield Assisted Living Centers) $801,960.00 Certificates of Participation - 1991 Series B bond issuance. BJT/MGA:Isc Attachment December 3, 2001, 3:13pm ADMINISTRATIVE REPORT M~-~- lING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. t;. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 30, 2001 APPROVED DEPARTMENT HEAD~2~~~ CITY ATTO R N E ,~.~;~"'2~ CITY MANAGER Accept bid to award annual contract to AmeriPride Uniform Services, not to exceed $350,700, for uniform rental and laundry service for four (4) year period. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: The City provides uniforms and laundry service for approximately450 employees. This contract is for four years, with replacement uniforms after 24 months, unless needed sooner. Two bids were received as follows: AmeriPride Uniform Services 335 Washington Street Bakersfield, CA 93307 Prudential Overall Supply 2800 Pegasus #A Bakersfield, CA 93308 (County) in the amount of $350,651 (County) in the amount of $416,775 S:\KimG\Forms & Lables~ADMIN~AmeriPddeContr.wpd klg ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar TEM: 8 .u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager November 30, 2001 APPROVED DEPARTMENT.EAD U' CITY ATTORNEY ~ CITY MANAGER _(~'-~ Accept bid of $522,516.00 and award contract to Brown & Fowler Const~ction for "CBK Station 1 and CBK Station 5 Facility Upgrade" for the Water Resources Depa~ment ~ard Number 4) RECOMMENDATION: Staff Recommends acceptance BACKGROUND: CBK Station One is located at the northwest comer of Clubview Drive and Ashe Road. It was the first domestic water facility owned and operated within the Ashe Water System. It was constructed in the early 1960's. Since that time, much of the equipment has become energy inefficient and difficult to repair due to lack of repair par~s. CBK Station Five is located on Rio Bravo Drive next to the Park Stockdale Homeowners Association Facility. CBK Station Five was constructed in the early 1970's and it's equipment has also become energy inefficient and difficult to repair due to lack of repair parts. In addition, the equipment is not housed in a secure building. This contract includes demolition of the existing facilities and construction of concrete blockhouses and replacement of electric panelboards, auxiliary power supplies, and appurtenant equipment. The existing deepwells will be utilized. Funds are available in the 2001-2002 fiscal year budget for this project. Four Bids were received on November 28, 2001 for this project. The results are as follows: Brown and Fowler Construction 4221 Atlas Court Bakersfield, CA 93308 (County) ............................................................ in the amount of $522,516.00 Kern County Construction Inc. 6208 Juanito Ct Bakersfield, CA 93306 (County) ............................................................ in the amount of $551,947.00 S:~001 ADMIN RPTS\de12wt2cc.wpd ADMINISTRATIVE REPORT Page 2 Bakersfield Well and Pump 7212 Fruitvale Avenue Bakersfield, CA 93308 (County) ............................................................ in the amount of $576,936.00 K. M. Scdvner, Inc. 7125 Meany Avenue Bakersfield, CA 93308 (County) ............................................................ in the amount of $612,318.06 S:~2001 ADMIN RPTS~e12wt2cc.wpd ADMINISTRATIVE REPORT IMEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 29, 2001 APPROVED DEPARTMENT HEAD ,/~/< CITY ATTORNEY ~ CITY MANAGER ~ Accept bid from Telcom, Incorporated, $182,997.82, for Microwave equipment for the Telecommunications Division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: This equipment replaces the existing microwave system purchased in 1985 that has become obsolete and doesn't have replacement parts available. Two (2) bids were received, as follows: Telcom, Incorporated 341 Irving Drive, Suite B Oxnard, CA 93030 Harris Corporation MCD Division 350 Twin Dolphin Drive Redwood Shores, CA 94065 in the amount of in the amount of $182,997.82 $183,639.82 November 29, 2001, 1:32pm C:\TEMP~.dmin Microwave Equipment.wpd ADMINIST TIVE REPORT Mi=~,ING DATE: December 12, 2001 IAGENDASECTION: Consent Calendar ITEM: 8 .w. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 29, 2001 DEPARTMENT HEAD~ED A OR. . CITY MANAGER ~ SUBJECT: SCADA (Supervisory Control and Data Acquisition) System Conversion 1) Appropriate and transfer $5,000 Sewer Enterprise Fund balance to the Public Works Department Operating budget within the Equipment Management Fund to provide sufficient funds to award bid. 2) Accept bid from Applied Technology Group $30,206.10, for SCADA System Conversion. RECOMMENDATION: Staff recommends appropriation of funds and acceptance of bid. BACKGROUND: This system includes a master station radio and thirty-five (35) remote station radios that monitor activities at remote sites such as pump stations, lift stations, equipment buildings, etc. Three (3) bids were received, as follows: Applied Technology Group 4440 Easton Drive BakerSfield, CA 93309 (City) in the amount of $30,206.10 Communication Enterprises 2315 Q Street Bakersfield, CA 93301 (City) Braun Data & Communications, Incorporated 3008 Sillect Avenue, Suite 108 Bakersfield, CA 93308 (City) in the amount of in the amount of $54,852.75 $55,625.85 C:\WINDOWS~DESKTOP~X\C01 1212BSCADASystemConve~sion REVISION.wpd GJK:DW!Ijrn - - December 4, 2001, 3:54pm ADMINISTRATIVE REPORT JMEETING DATE: December 12, 2001 AGENDA SECTION: Consent ITEM: 8 .y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks December 3, 2001 APPROVED DEPARTMENT HEAD. ~;;~, CITY ATTORNEY~,~ CITY MANAGER ~ Relocation of City Recreation and Parks Department Offices (VVard 2) and authorization for the City's Real Property Manager to negotiate lease terms. RECOMMENDATION: Staff recommends approval BACKGROUND: For several years, the Department of Recreation and Parks has needed office space that is more accessible and convenient to citizens conducting business with the department, as well as accommodating the current staff. The Economic and Community Development Department has located potential space for their offices at the Washington Mutual Bank Building at 1675 Chester Avenue. On November 14, 2001, the city council approved the relocation of the ED/CD offices and for the Real Property Manager to negotiate a lease. This building has approximately 11,000 square feet of space available for lease, in addition to the space that ED/CD is considering. The department has estimated its space needs at approximately 10,000 square feet. Although the available space at the Washington Mutual building is spread over three floors, it would be suitable for the department and solve many of the problems associated with the current location. For example: S:~Admins\Relocation of Office December 4, 2001, 3:33pm ADMINISTRATIVE REPORT Page2 the Corporation Yard location is not suitable for a customer-service office, especially given the volume of transactions the department handles. citizens report that the current location is confusing (i.e when they see the heavy equipment, etc. they believe that they are in the wrong location). having a large number of non-employees and non-employee vehicles in the Corporation Yard is not a good situation from a security standpoint. parking for both the public and city staff is inadequate. the current building is very near both the railroad tracks and the yard-waste sump. Both are very distracting to staff attempting to conduct business and serve the public. the HVAC system is inadequate and inefficient. the existing meeting space is inadequate for the public meetings the department's advisory committees host (e.g. Citizens Community Services Advisory Committee, Keep Bakersfield Beautiful, and the Tree Ad-Hoc Committee). the existing space is not sufficient for the current staff; necessitating the leasing of two office trailers and having some staff in satellite facilities. the existing space is unsuitable for current operations (e.g. no work space for recreation program preparation or park planning activities). In addition to resolving the issues mentioned above, locating at the Washington Mutual Building would effectively consolidate city service departments into one central location, which would further enhance the city's service delivery to the public. The proximity to both City Hall and the Development Services Department would also be more efficient for the department operations. In the ED/CD proposal to the council, the lease price was estimated at $1.45 per square foot. Using this cost, the department estimates that needed space would cost approximately $150,000 annually. Staff has identified funds in this fiscal year, as well as potential funding for upcoming years that should be sufficient for the lease payment without reducing service levels to the public. The proposed funding includes savings in unexpended recreation program money which is available due to program changes, reduction in staff training funds, savings from office trailer rental, and new revenue. The current adopted budget includes $45,000 for new office space. These funds should be sufficient to cover one-time expenses associated with the relocation. S:~Admins~Relocation of Office December 4, 2001,3:32pm ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 30, 2001 APPROVED Appropriate $28,000 Transportation Development Act (TDA) Article 3 Funds to the Capital Improvement budget within the Bikeway and Pedestrian Pathway Fund for the University Avenue Bike Lane Project. (Ward 3) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The TDA Article 3 Pedestrian Bikeway Program includes $28,000 for the University Avenue Bike Lanes Project. Specifically this project consists of the striping of bike lanes on University Avenue between Haley Street and Wenatchee Avenue. This administrative report appropriates TDA funds available for the project. GL:dlt University Ave Bikelands-TDA Funds November 30. 2001, 8:57am ADMINISTRATIVE REPORT Page3 Proposed funding of the lease is as follows: FY01-02 FY02-03 (5 months) Savings from rental office trailers $4,000 $12,000 Savings from canceled programs $3,000 Savings in after-school program $13,000 $15,000, Reduction in staff training budget $30,000 $30,000 Reduction in advertising $2,000 Revenue from concession agreement $10,000 Reduction in one-time equipment expenditures $30,000 Reduction in miscellaneous operational expenses $63,000 Total $62,000 $150,000 Should both departments be able to locate in this building, there is potential for some shared meeting space, which could reduce the amount of space each department would have to lease independently and some benefit in the costs and coordination of locating phone and computer lines. Further, the Real Property Manager has indicated that negotiating leases for both departments simultaneously may result in a more favorable lease for both departments. Staff is proposing lease terms similar to those that ED/CD proposed. That is, a three-year lease with an option for a two-year extension and that the departments relocation occur at a time that compliments the ED/CD relocation. S:~Admins~Relocation of Office December 4, 2001,3:32pm ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 .z. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 26, 2001 SUBJECT: Audit Reports: APPROVED DEPARTMENT HEAD CITY ATTORNEY c TY MA.^ ER 2. 3. 4. 5. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2001 independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2001. independent Auditors Report - Compliance with Contractual Requirements Relative to the Bakersfield Subregional Wastewater management Plan for the year ended June 30, 2001. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2001. independent Auditors Report- Required Communication with Audit Committees in Accordance with Statement on Auditing Standards ¢¢-61. Independent Auditors report on Internal Control Structure of the City of Bakersfield for the Fiscal Year ended June 30, 2001. RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee. BACKGROUND: Attached is the City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the City's Annual Audit Report, for the fiscal year ended June 30, 2001. The CAFR represents the City's financial statements as of June 30, 2001, which are audited by the accounting firm of Brown, Armstrong, Randall, Reyes, Paulden & McCown. 2. Attached is the City's Single Audit Report for the fiscal year ended June 30, 2001. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal control procedures and compliance with S:\KimG\Nelson\admin.cafr2001-1.wpd klg ADMINISTRATIVE REPORT Page 2 federal guidelines in accordance with Office of Management & Budget (OMB) Circular A-133. This annual audit was performed by Brown, Armstrong, Randall, Reyes, Paulden & McCown as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report, issued by the outside auditors, indicates that the City complied, in all matedal respects, with federal program guidelines. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended byAgreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the Bakersfield Subregional Wastewater Management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, indicates that the City complied, in all material respects, with the program's guidelines. Attached is a letter from the City's independent auditors, Brown, Armstrong, Randall, Reyes, Paulden & McCown indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. Attached is a letter from the City's independent auditors, Brown, Armstrong, Randall, Reyes, Paulden & McCown, providing required communication to the Council regarding various topics related to the financial audit. The report outlines the responsibilities of the audit firm and goes on to say there were no reportable issues that were significant. Attached is a letter from the City's independent auditors, Brown, Armstrong, Randall, Reyes, Paulden & McCown which reports any findings or reportable conditions related to internal control structure of the City. This letter is commonly referred to as the "Management Letter". One finding is reported in the letter along with City managements response to the finding, which outlines steps that have been taken to correct the issue. S:\KimG\Nelson~adrnin.cafr2001-1 .wpd klg ADMINISTRATIVE REPORT I MEETING DATE: December 12, 2001 I AGENDA SECTION: Reports ITEM: !0.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager APPR._~OVED DEPARTMENT HEAD 0,'~, November 29, 2001 CITY ATTORNEY~.../~~ CITYMANAGER (~ ~'~ Water Board Report No. 2 - 01 regarding an amendment to the City Water Resources Policy RECOMMENDATION: Staff recommends acceptance of Report and adoption of amended Policy Statement. BACKGROUND: During the budget hearings this year it was suggested by councilmember David Couch that the Water Board should review alternative uses of funding once the 1976 Water Bond debt has been paid off. The issue was first brought before the Water Board on July 11, 2001 and staff was directed to prepare an additional statement to the Water Resources Policy to address this issue. The City Council adopted the original"Statement of Water Resources Policy" on November 4, 1992. The attached Water Board Report recommends the addition of a new policy item addressing the financial resources necessary to preserve and administer the existing water policies. The City Water Board reviewed this policy addition at its special meeting on November 6, 2001. The Water Board approved the proposed amendment and recommended adoption of the amended Water Resources Policy by the City Council. FC:fc November 30, 2001, 9:32AM S:\2001 ADrVlIN RPTS~DEI2WTRPT ADMINISTRATIVE REPORT MEETING DATE: December 12, 2001 TO: FROM: DATE: Honorable Mayor and City Council Bakersfield Redevelopment Agency Alan Tandy, City Manager December 5, 2001 SUBJECT: City Center / Creekside Plaza AGENDA SECTION: Reports ITEM: !0.b. DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends that after a brief presentation, general discussion and comment take place on ti~e subject of advancing Council goals. BACKGROUND / STATUS: Does a Council commitment to this area remain? If so, what ideas should be explored? Without the specifics of the "City Center" as has been discussed, what type of redevelopment activities, ideas and funding sources should be studied? The staff believes we should to take lessons frem the past - rethink positives and negatives, and devise a new path to advance our community. This meeting was to have been the session when Certificates of Participation (COPs) were issued, a contract let to build the stadium, and land acquisition actions would be taken. Those items were dependent upon the Olmscheid/Sivers group delivering loan commitments. While they techni(~all~, have until December 18th, it does not appear that will happen. Ray Olmscheid, Dennis Sivers, and Moctezuma Esparza have spent a great deal of time, money, and effort trying to put a deal together in Bakersfield. They are due a strong thank you for their efforts and expenditures. The most recent word from them is they wish to continue to try without a development agreement. Perhaps time or shifts in the lending market will help them. We applaud their continued interest in investing in Bakersfield. With no loans, the Certificates of Participation are not on the agenda for action, without that - no stadium, without that - no team sale, no land purchases, etc. All elements of the deal depend on all other elements. Without any one of them, none of the pieces remain in place for the short term. Unless the loan documents are submitted by December 18th, the Development Agreement will expire. The proper question, therefore, becomes what does that mean, and what happens next? December 7, 2001, 10:12am C:\CC-CP 2 Admin 121201,wpd ADMINISTRATIVE REPORT Page 2 Among other goals, the City Council has established the following: "Continue to build on the success of the Convention Center Hotel, Centennial Garden and Amtrak Station." - "Develop concepts for projects which contain the following elements: entertainment, trees, landscaping, family activities, pedestrian friendly design, safety, attractiveness." "Clear blight from the redevelopment areas around the Arena, Amtrak Station and Hotel." "Encourage water features in the downtown." "F ' ocus on ~mprovements and opportunities within the Southeast and Old Town Kem Redevelopment Project Areas, and the Incentive Area." "Continue a program that focuses on job creation." "Facilitate the development of cultural and recreational facilities A. Multi-purpose stadium E. Ice skating facility and community recreation building" F. Aquatics facilities Positives in pursuit of these goals, the City Center / Creekside Plaza project has resulted in the following positives: 1) We have a quality stadium design, a world class design/build team for a multi-purpose stadium, and a favorable Guaranteed Maximum Price in hand. 2) 3) We have a willing seller of the baseball franchise, a list of interested buyers who are willing to invest in the stadium and a highly cooperative California League. $500,000 has been committed by the community to fund an ice rink. That commitment remains in place. 4) We have an approved EIR and Redevelopment Plan to facilitate ~einvestment. A podion of the original project - 180 units of elderly housing with an increase in tax value (portion originally dedicated to stadium only) of $92,763 is moving forward. Land is now being acquired and relocation should begin after proper notice. That will clean up three blocks south of California Avenue. It also would provide 13% of the tax base needed to amortize the stadium debt. 6) Evolving out of citizen participation was a plan to enhance the canal in a very attractive way. The concept of restaurants along that waterway is an idea that would work and be a significant amenity. 7) Four of the properties on the stadium site have signed acquisition agreements. Four others have been agreed to in terms of major deal points and are in the hands of attorneys for December 7, 2001, 10:12am C:~CC-CP 2 Admin 121201 .wpd ADMINISTRATIVE REPORT Page3 8) finalization. (Three need substantive work.) Progress has been made in acquiring several of the blighted properties in the areas around the Arena, Amtrak Station, and Hotel. 9) 10) The stadium financing plan developed is a very favorable one. We have a site that is adjacent to the Arena, Amtrak Station, Convention Center and Hotel which is appropriate for redevelopment. It is centrally located, with street systems and utilities in place, and is in an Enterprise Zone and tax increment area. It should be ripe for redevelopment. 11) The concept of the project has broad-based support, and multiple community organizations have endorsed it. After general discussion at this meeting and after December 18t", staff will attempt to compile information for future City Council/Redevelopment Agency consideration on alternative areas of study about the pursuit of City Council goals in this area. It would be helpful for us to have some general comments from Councilmembers at this session, and Agency members from their session to be held on December 10t", to give us direction in preparing that work. December 7, 2001, I0:12am C:\CC-CP 2 Admin 121201.wpd