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HomeMy WebLinkAbout03/29/2000 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 29, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (15 min) WORKSHOP a. Presentation by Economic and Community Development Department regarding Consolidated Plan 2005. (Economic Development Director, Jake Wager) CLOSED SESSION Public Employee Performance Evaluation - City Manager. Closed Session pursuant to subdivision (a) of Government Code Section 54957. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; City of Bakersfield, etc. vs. valley communities, Inc., etc., et al.; Kern County Superior Court case No. 238380-RA REGULAR MEETING 1. 2. 3. 4. 5. INVOCATION by Barletha Barefield, First Assembly of God Church. PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Mayor Price of Proclamation to Ebony Counseling Center proclaiming April 3-7, 2000, as "Male Responsibility and Girl Power Week." 6. PUBLIC STATEMENTS 7. APPOINTMENTS a. One appointment to the Planning Commission, term expiring April 17, 2004. Staff recommends Council determination. Appointment of Jake Wager, Economic Development Director as regular member and David Lyman, Principle Planner as the alternate member to the Board of Zoning Adjustment. Terms expire December 1, 2000 due to the revision of the Ordinance amending the membership. Staff recommends approval. Co Reappointment of David Raphael to the Bakersfield Redevelopment Agency, term expires April 22, 2004 Staff recommends Council confirmation. (Ward4) (Ward 4) CONSENTCALENDAR Minutes: a. March 15, 2000 Council Meeting. Payments: Payments from March 4, to March 17, 2000 in the amount of $3,948,112.66; and Self Insurance payments from March 4, to March 17, 2000 in the amount of $149,564.42. Resolutions: Resolution authorizing an application for $80,226 grant funding for Used Oil Recycling. Resolution approving application for $60,000 in State Funds for Recycling Beverage Containers. Agreements: e. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5936, Phase A, located west of Buena Vista Road, sou~th of Ming Avenue. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5936, Phase B, located west of Buena Vista Road, so[Jth of Ming Avenue. -2- (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) CONSENT CALENDAR continued Final Map and ImprovementAgreements with Castle & Cooke California Inc. for Tract 5936, Phase C, located west of Buena Vista Road, south of Ming Avenue. Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract 5936, Phase D, located west of Buena Vista Road, south of Ming Avenue. Final Map and Improvement Agreements with Castle & Cooke Califomia Inc. for Tract 5936, Phase E, located west of Buena Vista Road, south of Ming Avenue. Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 5954, Phase A, located west of Buena Vista Road, north of Chamber Boulevard. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5954, Phase B, located west of Buena Vista Road, north of Chamber Boulevard. FinalMa )andlmprovementAgraementswithCastle&CookeCalifornia Inc. for Tract 5430, Phase A, located west of Old River Road, south of Ming Avenue. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430 Phase E, located west of Old River Road, south of Ming Avenue. 10. Final Map and Imprevement Agreements with Castle & Cooke California, inc. for Tract 5946, Phase A, located west of Buena Vista Road, north of Chamber Boulevard. 11. Final Ma ) and Improvement Agreementswith Castle & Cooke California, Inc. for Tract 5946, Phase B, located west of Buena Vista Road, north of Chamber Boulevard. 12. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5946, Phase C, located west of Buena Vista Road, north of Chamber Boulevard. 13. Final Map and Improvement Agreements with Castle & cooke California, Inc. for Tract 5946, Phase D, located west of Buena Vista Road, north of Chamber Boulevard. 14. 15. Final Map and Improvement Agreement with Coleman Homes, Inc. for Tract 5934, Un!t 2, located west of Buena Vista Road, south of Stockdale Highway. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5921, Phase 3, located west of Calloway Drive, north of Olive Drive. -3- (Ward 4) (Ward 7) (Ward 1) (Ward 4) (Ward 2) (Wards 1,2) (Ward 1 ) (Ward4) (Ward 4) CONSENT CALENDAR continued e. 16. Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 5921, Phase 4, located west of Calloway Drive, north of Olive Ddve. f. Agreement with William Avery & Associates, Inc., $27,600 for Negotiation and Consultant Services in Employer-Employee Relations. g. Agreement with Golden Constr~,ction & Excavation, $18,077 for removal and replacement of manhole shafts on Ashe Road, between Panama Lane and Harris Road. h. Agreement with Bharat N. Mehta and Nita Bharat Mehta to annex property located at 6850 South Union Avenue and allow sewer connection fee to be paid in three equal annual installments. i. Agreement with Castle & Cooke California, Inc. for Acquisition and Development of Park Site in Expanded Seven Oaks Community. j. Agreement with County of Kem, State of California, $25,000 for at-grade crossing improvements on L Street for the Bakersfield Amtrak Station Project. k. Agreement with GRC Associates, inc., $24,750 to conduct a Fiscal Impact Study. I. Property Acquisition: 1. Approve Purchase Agreement, $2,500 with Ledinila Quimpo to acquire real property located at the terminus of Ohio Drive for additional street right-of- way to provide access to nearby residential properties. m. Amendment No. 1 to Agreement No. 99-324, with Carroll's Tire Warehouse, $22,210 for reimbursement of the cost of the 12" sewer line at the northeast corner of Rosedale Highway and Coffee Road. 1. Appropriation of $22,210 Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. n. Amendment No. 1 to Agreement No. 00-7, with Holiday Inn Select for room rental and refreshments for "The Disney Keys to Management Exc~ence' training seminar, not to exceed $22,374. o. Installation of traffic signal and lighting system on Brimhall Road at Jewetta Avenue. 1. Contract Change Orders Nos. I through 7, $54,011.63 to Contract No. 99-166 with Griffith Company. 2. Appropriate $50,000 Fund Balance to the Capital Improvement Budget within the Transportation Development Fund. (Ward '1) (Wards 1,4,6) (Wards1,2) CONSENT CALENDAR continued p. Amendment No. 2 to Agreement No. CA99-2 with Kimble, MacMichael & Upton for outside legal services. 1. Appropriate $12,000 Fund Balance to the City Attorney's Office Operating Budget within the Sewer Enterprise Fund. Bids: q. Award Contract to HPS Plumbing Service, $35,000 for plumbing rehabilitation and interior remodel at Fire Station 6, located at 127 Brundage Lane. r. Award Contract to Spectre Turf, Incorporated, not to exceed $50,000 for installation of rubberized A.D.A. surfacing at various parks. s. Award Annual Contract to Granite Construction, not to exceed $2,064,559 for street materials to repair City street surfaces. t. Award Annual Contract to Advanced Concrete Sawing and Drilling, Incorporated, $60,700 for removal of striping and pavement marking at various locations throughout the city. u. Accept bid from John C. Henberger Company, $75,940.51 for Opticom traffic signal equipment. Miscellaneous: v. Appropriate $15,000 in Strong Motion Instrumentation (SMI) Trust funds to Building Division Operating budget within General Fund for purchasing racks and shelving to be used for storing disaster related materials and supplies in a secured location. w. Authorization of a letter to be sent to the California Trade and Commerce Agency expressing the City's interest in applying for a Five Year Extension of the Enterprise Zone. x. Acceptance of Independent Auditors' Report on Compliance with State Local Transportation Partnership Program. (Staff recommends referral to Budget and Finance Committee) Staff recommends adoption of Consent Calendar Items a. through x. (Wards 1,2,4) HEARINGS A Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. Staff recommends adoption of the Resolution. -5- 9. HEARINGS continued (Ward 1) b. General Plan Amendment P98-0760: Final Environmental impact Report, Specific Plan Line and Ordinance. The south Beltway corridor is located within the central portion of Kern County, crossing east- west, south of the City of Bakersfield for approximately 26 miles from Interstate-5 (I-5) to State Route-58 (S-58). Certification of the Final Environmental Impact Report for General Plan P98-0760 and the South Beltway Specific Plan Line. General Plan Amendment P98-0760 is the South Beltway Transportation Corridor alignment which would be shown as a "freeway" on the Circulation Element map of the Metropolitan Bakersfield 2010 General Plan. Resolution adopting the Specific Plan Line is an exact description of the 26 mile long and 300 foot wide transportation corridor. Amend Zoning Ordinance Section 17.55.030, of the Bakersfield Municipal Code which will permit oil and gas extraction activities to continue within the specific plan line. Staff recommends adoption of the resolution certifying the Final Environmental Impact Report; adoption of the resolutions transmitting Genera/Plan Amendment P98-0760 and Specific Plan Line to Kern County for action by the Board of Supervisors; and first reading of the ordinance. 10. REPORTS Urban Development Committee Oral Report No. 4-00 and Resolution regarding the Proposed Borba Dairies. Urban Development Committee recommends acceptance of the report and adoption of the resolution. b. City Manager Report No. 3-00 regarding Additional Suite to Centennial Garden. Staff recommends acceptance of report. 11. DEFERRED BUSINESS Ordinance amending Sections 5.06.010 and 5.06.060 and Chapter 9.12 of the Bakersfield Municipal Code and adding Sections 5.06.062, 5.06.064, 5.06.066, 5.06.068 and 5.06.069 relating to Adult Entertainment Businesses. (First Reading 3/15/00) Staff recommends adoption of ordinance. -6- 11. (Ward 4) DEFERRED BUSINESS continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 122-01 and 123-06 by changing the zoning from One Family Dwelling zone to Planned Commercial Development zone on 13.65 acres located south of Stockdale Highway, west of Buena Vista Road to allow a 102,222 square foot neighborhood shopping center. (ZC P99-0919) (First Reading 3/15/00) Staff recommends adoption of the ordinance. 12. NEW BUSINESS 13. COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, City Manager S:~Cou ncil~AG EN DA~IAR2900.wpd March 23, 2000 (11:21 am -7- B A K E R S F I E L D MEMORANDUM MARCH 24, 20,00 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/Li~/j THROUGH: ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - MARCH 29, 2000, COUNCIL MEETING PRE-MEETING There is a workshop presentation regarding Consolidated Plan 2005 by Economic Development Director, Jake Wager. Them am two closed session items: 1) City Manager Performance Evaluation; and 2) Conference with Legal counsel regarding existing litigation on the matter of City of Bakersfield vs Valley Communities, Inc. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution authodzinq an application for $80,226 qrant funding for Used Oil Recyclinq. In the past, the Public Works Department has applied for and received grant funds from the California Integrated Waste Management Board (CIWMB) for disposal of used motor oil. As a continuation of this program, the CIWMB is now requesting application for funding of $80,226. Approval of the grant application would make possible the continuation of curbside recycling of used motor oil and oil filters, which currently affect over 63,000 homes in City. To participate, homeowners can call the Solid Waste Division to arrange for curbside pickup. No alley service will be provided, nor will homeowners be permitted to bring used oil directly to the City Corporation Yard. Item 8d. Resolution approving application for $60,000 in State Funds for Rec¥clinq Beverage Containers. Currently, the State is required to distribute a total of $10.5 million to eligible cities and counties for beverage container recycling and litter cleanup activities. As part of the effort to cornply with the AB 939 goal of diverting 50% of the waste stream away from landfills, Bakersfield operates seven drop-off recycling centers, which accept glass and plastic beverage containers. All revenues for the sale of recyclables become property of the City. The resolution would authorize staff to apply for $60,000 in additional funding for FY 00/01 that would be used to supplement the drop-off recycling program~ which costs $190,000 per year to operate. Agreements: Item 8f. Agreement with William Avery & Associates, Inc., $27,600 for Neqotiation and Consultant Services in Employer-Employee Relations. In 1997, Council approved Mr. Avery's consulting agreement for three-year pedod ending in 2000. Mr. Avery has provided almost 20 years of consultation services for the City in the area of labor negotiations. He has been successful in building positive working HONORABLE MAYOR AND CITY COUNCIL March 24, 2000 Page -2~ relationships between labor groups, staff and Council; and he has a unique understanding of the City's labor history and past practices. Mr. Avery's annual fee has remained at the same level or lower since 1992. This three-year agreement implements 9.5% increase to an annual fee of $27,600. Mr. Aver¥'s services will be used in the near future to begin discussions with the police and fire units regarding their request to amend our PERS contract to provide 3% at age 50. Item 8g. Agreement with Golden Construction & Excavation, $18,077 for removal and replacement of manhole shafts on Ashe Road, between Panama Lane and Harris Road. Developer, Castle & Cooke was required to do construction on Ashe Road between Panama Lane and Harris Road. As part of the regular inspection of the roadway, it was determined that existing manholes located on Ashe Road had become deteriorated beyond repair. Due to the nature of Castle & Cooke's roadway improvements and time constraints to complete paving of the roadway, staff directed the contractor to remove and replace the manhole shafting before the roadway was paved. This agreement allows for the payment for that work. Had the City not elected to do have the work done immediately, it would have cost significantly more money to repair after the roadway was constructed and paved. item 8h. Aqreement with Bharat N. Mehta and Nita Bharat Mehta to annex property located at 6850 South Union Avenue and allow sewer connection fee to be paid in three equal annual installments. The owners of the original Budget Motel at 6850 South Union Avenue have requested annexation to the City in order to connect to the City sewer system. This agreement waives the owners protest rights to the annexation and allows the sewer connection fee be paid in three equal annual installments clue to economic hardship. Item 8i. Aqreement with Castle & Cooke California, Inc. for Acquisition and Development of Park Site in Expanded Seven Oaks Community. The attached agreement provides for the conveyance of title from Castle & Cooke to the City, and requires Castle & Cooke to post a bond for the park pending its construction, provides the park be constructed within a certain time frame, and identifies the amenities for the park and guarantees workmanship. Under the terms Of the proposed agreement, this park will be completed either by December 31, 2001, or prior to the issuance of more than 300 building permits within the Expanded Seven Oaks Community. Item 8j. Agreement with County of Kern, State of California, $25,000 for at*qrade crossing improvements on L Street for the Bakersfield Amtrak Station Proiect. As part of the overall Amtrak Station project, the City entered into an agreement with the Burlington Northern Santa Fe railroad (BNSF) for the City to close a number of at-grade crossings, including "F" Street and the private crossing that the County now uses on "K" Street. Since the pdvate crossing has a certain function for both the Court Building and Sheriff's Facility, additional improvements had to be made at their main "L" Street access point. This agreement allows for those improvements to be constructed and a reimbursement to the County for $25,000. Funds for this agreement currently exist within the Amtrak Station Project Fund. The County Board of Supervisors have already approved this agreement. Staff recommends approval. Item 8k. Aqreement with GRC Associates, Inc., $24,750 to conduct a Fiscal Impact Study of the City Center Concept. In an effort to fully understand the potential impact of the concept, staff is proposing that a consultant be retained to quantify such impacts. Analysis will try to define tax revenues due to out-of-town room nights and restaurant sales, estimate new employment and payroll added to the community, analyze the value of eliminating blight existing at the site, and offer an opinion as to the positive or negative impacts of the project to the downtown. GRC Associates, Inc. are uniquely qualified to perform this service for the City in that they successfully delivered the Bakersfield Downtown Economic Development project in June 1999. Given their knowledge of the Bakersfield market and their familiarity with the study area, significant time savings would be realized. The cost for the fiscal impact HONORABLE MAYOR AND CITY COUNCIL March 24, 2000 Page -3- study is estimated at $24,750, excluding printing, copying, and third party data that still may need to be acquired. The analysis should take five weeks following the receipt of written authorization to proceed. Item 81. Purchase Aqreement with Ledinila Quimpo to acquire real property located at the terminus of Ohio Drive for additional street riqht~of-way to provide access to nearby residential properties. After receiving information from the Solid Waste division of a blockage at the end of Ohio Drive, it was discovered that the dirt access strip at the terminus of Ohio Drive was never dedicated as a County Road. This is the only access for several properties at the end of the strip. Further investigation revealed the property was sold at County tax auction on July 27, 1999. Acquisition of this property will provide public access to several properties that currently depend on an unpaved private access strip. The Streets division will pave this as a public street after its acquisition. On April 17, 2000, the Planning Commission will be asked to find the acquisition consistent with the 2010 General Plan. Item 8m. Amendment No. 1 to Aqreement No. 99-324, with Carroll's Tire Warehouse for reimbursement of the cost of the 12" sewer line at the northeast corner of Rosedale Highway and Coffee Road; and appropriation of Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. Carroll's Tire Warehouse on the northeast comer of Rosedale Highway and Coffee Road is required to extend the sewer line across the frontage of their property. The original agreement was to reimbulrse Carroll's for the difference in cost between the 12-inch line required by the City and an 8-inch line normally required of the developer. Since Carroll's could have connected to the sewer without extending this sewer line, the City is reimbursing Carroll's for the entire cost of the 12-inch line. This amendment increases the reimbursement amount from $13,531 to $22,210. Item 8n. Amendment No. 1 to Aqreement No. 00-7, with Holiday Inn Select for room rental and refreshments for "The Disney Keys to Management Excellence" training seminar. The City of Bakersfield is co-sponsoring a training event conducted by the Disney Institute at the Holiday Inn Select on Apd111, 2000. The odginal agreement with Holiday Inn was based on catering for 300 participa~r~ts. The revision of the room layout has resulted in the ability to accommodate up to 450 participants. This amendment to the odginal agreement increases the maximum total compensation to $22,374 to provide, if needed, catedng for the maximum number of participants. There will be no additional cost to the City- participant registration fees will cover the entire catedng portion of the agreement. For your information, approximately 100 reservations have been made for the event thus far. Item 8o. Installation of Traffic Signal and Liqhtinq System on Brimhall Road at Jewetta Avenue; Contiract Change Order Nos. I through 7 to Contract No. 99-166 with Griffith Company; and appropriate Fund Balance to the Capital Improvement Budqet within the Transportation Development Fund. This preject improved and widened the intersection of Brimhall road and Jewetta Avenue, provided signalization of the intersection, and widened a portion of Brimhalt Road east of the intersection. In the process of designing the traffic signal, staff became aware that two adjacent property owners were also prepa~ring plans for improvement of their frontages along Brimhall Road. To better coordinate efforts and save money, the City entered into an agreement with Castle & Cooke and North Bakersfield Recreation ;and Parks distdct to construct a combined project that included this traffic signal as well as widening Brimhall road. The change orders include $5,333 for the accelerated work schedule, redesigned pavernent elevations for $9,895, discrepancies or omissions to the consultant prepared plans for $25,545, ;and changes to the product quantity for $15,237. Each party has agreed to pay a portion of the total cost: the consultant will pay $3,641, NBRPD will pay $26,159, Castle & Cooke will pay $5,756, and the City will pay $18,454. HONORABLE MAYOR AND CITY COUNCIL March 24, 2000 Fage -4- Item 8p. Amendment No. 2 to Agreement No. CA99-2 with Kimble, MacMichael & Upton for outside legal services; and appropriate Fund Balance to the City Attorney's Qffice Operatinq Budget within th_.9.e Sewer Enterprise Fund. The City of Bakersfield has previously retained this firm as counsel in the bankruptcy litigation involving Valley Communities, Inc. (VCI) and Buena Vista Lake properties regarding the City's purchase of 4,700 acres of ~and from VCI. Additional funds are requested for outside counsel to litigate this matter. Bids: Item 8q. Bid Award to HPS Plumbinq Service for plumbing rehabilitation and interior remodel at F'ire Station 6, located at 127 Brundaqe Lane in the amount of $35,000. Staff received six acceptable bids, and recommends award to HPS Plumbing Service. Item 8r. Bid Award to Spectra Turf, Incorporated for installation of rubberized A.D.A. surfacinq at various parks, in an amount not to exceed $50,000. Staff received one acceptable bid, and recommends award to Spectra Turf, Incorporated. Item 8s. Annual Contract Award to Granite Construction for street materials to repair City street surfaces, in an amount not to exceed $2,064~559. Staff received two acceptable bids, and recommends award to Granite Construction. Item 8t. Annual Contract Award to Advanced Concrete Sawinq and Drilling, Incorporated for remc,val of striping and pavement marking at various locations throuqhout the City, in the amount of $60,700. Staff received two acceptable bids, and recommends award to Advanced Concrete Sawing and Drilling, Incorporated. Item 8u. Bid award to John C. Henberqer Company for Opticom traffic siqnal equipment, in the amount of $75,940.51. Staff received one acceptable bid, and recommends award to John C. Henberger Company. Miscellaneous: Item 8v. Appropriate Strong Motion Instrumentation (SMI) Trust funds to Building Division Operating budqet within General Fund for purchasing racks and shelvinq to be used for storing disaster related materials and supplies in a secured location. The City collects funds on behalf the State of California for seismic safety, and the City is allowed to use a portion of the funds for data utilization, seismic education, and preparing for earthquake. The Building division has an emergency generator and other disaster related materials to be utilized in case of earthquake disaster. The Building division is in the process of purchasing prefabricated racks and shelves in order to store and secure the equipment materials. The appropriation of funds is to pay for purchase of these items. Item 8w. Authorization of a letter to be sent to the California Trade and Commerce Aqency expressing the City's interest in applvinq for a Five Year Extension of the Enterprise Zone. The Southeast Metropolitan Bakersfield Enterprise Zone expires on Oct. 14, 2001, after 15 years. The zone is eligible for a five-year extension. Therefore staff is beginning the extension process with this Letter of Intent, which needs to be sent to California Trade and Commerce Agency. It states that Bakersfield agraes to participate in the extension process and meet all the application requirements and deadlines. Because the zone is jointly administered with Kern County, the County will submit a separate letter indicating the intent to apply for extension. On February 15, 2000, the Kern County Board of HONORABLE MAYOR AND CITY COUNCIL March 24, 2000 Page -5- Supervisors authorized such a letter be sent on the County's behalf. City and County staff will work together to prepare a joint application and continue sharing in the cost of the enterprise zone administration. Item 8x. Acceptance of Independent Auditors' Report on Compliance with State Local Transportation Partnership Proqram. The State requires a final audit for all SLTPP projects with a State share of over $300,000. Two projects are subject to this final audit; Panama Lane at State Route 99 overcrossing project, and Coffee Road overcrossing project. The Compliance Report, issued by the outside auditors, indicated the City complied with the program's guidelines. This report is being referred to the Budget and Finance Committee. HEARINGS Item 9a. A Resolution confirminq the Report of the Chief Code Enforcement Officer reqardin__q assessments of certain properties for which structures have been secured aqainst entry, or for the abatement of certain weeds, debds and waste matter. The subject properties were in violation of the Municipal Code prohibiting abandoned dilapidated structures, and hazardous weeds, debris, and waste matter. The property owners were notified and failed to comply with the notices to abate such nuisances. After a headng duly noticed before the Building Director, the Director issued orders requiring the property owner to abate such public nuisance. The Council will need to confirm costs incurred by the City for work performed to remove the public nuisance so that such costs be made a lien against the property. The Council, it its discretion, may amend, alter, modify, or correct the assessment as they deem just. Item 9b. General Plan Amendment P98-0760; Certification of the Final Environmental Impact Report: Resolution adopting the Specific Plan Line; and Amend Zoning Ordinance for the south Beltwav corridor is located oenerallv from Interstate-5 to State Route-58. The 2010 General Plan calls for the adoption of four freeway alignments to form a beltway around metropolitan Bakersfield. One of the alignments to be adopted is the South Beltway. This alignment is entering the 10th year in the process to adopt a specific plan line. The alignment before the Council represents the best alternative that meets the pdmary goals of the 2010 General Plan while minimizing its impacts on people and property. There is some opposition to this alignment by local property owners, but it is the alignment that is least opposed overall. The recommended line is now almost entirely outside City limits, but has full support by County staff, who have been involved in all meetings regarding the alignment. There are four separate actions to be considered in this item: 1) certification of the final EIR for the General Plan Amendment and the South Beltway specific plan line; 2) a General Plan Amendment setting the South Beltway transportation corridor or alignment, which would be shown as a freeway on a circulation element map; 3) a resolution adopting the specific plan line as the transportation corridor; and 4) amend the zoning ordinance which will permit oil and gas extraction activities to continue within the specific plan line. REPORTS Item 10a. Urban Development Committee Report No. 4-00 reqardinq the Borba Dairy. The Urban Development Committee met on March 22, 2000 to review the issue of the proposed Borba Dairy. At the meeting, numerous comments were received from speakers, both in favor and opposed to the proposed dairy project. Committee members discussed the information presented and outlined a resolution regarding the proposed Borba dairies. The Urban Development Committee recommends the adoption of the resolution. The resolution is positively intended to encourage the dairy to relocate within Kern County, but outside the 2010 boundaries. HONORABLE MAYOR AND CITY COUNCIL March 24, 2000 Page -6- Item 10b. City Manager Report No. 3-00 reclarding suite additions at Centennial Garden. City Manager, Alan Tandy will give a repor~ on the status of adding additional luxury suites at Centennial Garden. DEFERRED BUSINESS Item 11a. Ordinance amendinq the Bakersfield Municipal Code related to Adult Entertainment Businesses. This ordinance will eliminate inconsistencies in the code. Several provisions will also be added which apply to prospective adult amades (booths), mini-motion picture theaters, and live entertainment theaters. These provisions include sections on access, separation of patrons and performers, and the configurations of future arcades. There is also a section which will restrict doors on such prospective structures. Finally, the chapter of the code which regulates nude entertainment has been modified in light of state law which preempts many of the current sections. As such, ~he proposed ordinance would repeal these sections and re-name the chapter to "Public Decency." This is the second reading of the ordinance. Item 11b. Ordinance amendinq the Bakersfield Municipal Code and Zoninq Map by chanqinq 'the zoninq from One Family Dwellinq zone to Planned Commercial Development zone on 13.65 acres located south of Stockdale Highway, west of Buena Vista Road to allow a 102,222 souare foot neighbor'nood shoppinq center. The request is to change the zoning on 13.65 acres from Single-Family Dwelling to Planned Commercial Development to allow development of a 102,222 square foot shopping center. The City Council approved a commercial general plan amendment in November 1999 for the project area. On February 17, 2000, the Planning Commission adopted a resolution recommending approval of the zone change requested by Coleman Homes, Inc. No one spoke in opposition to the zone change at the Planning Commission hearing: Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area. This is the second reading of the ordinance. AT.AC:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: March 29, 2000 AGENDA SECTION: Workshop ITEM: 2 ~'a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director March 17, 2000 PRO ED DEPARTMENT HEAD ¢! CITY ATTORNEY I~/(~ CITY MANAGER . ~ Presentation by Economic and Community Development Department Regarding Consolidated Plan 2005. RECOMMENDATION: BACKGROUND: In order to continue receiving funding from the U.S. Department of Housing and Urban Development Department (HUD), the City must prepare a Consolidated Plan. This document is a 5-year strategic plan for addressing the housing, community and economic development needs of the City. The Consolidated Plan provides the framework for a community planning process to identify housing, homeless, special population, and community and economic development needs and resources to meet those needs. In May 1995 the City Council approved the City Consolidated Plan and it is set to expire June 30, 2000. Since April 1999, Economic and Community Development staff has been working on the new 5-year Consolidated Plan which has included community input and involvement throughout all aspects of the planning process. The workshop to be presented, will provide an overview of the consolidated planning process, and the proposed projects included in the annual Action Plan FY 2000/01. The projects proposed in the Action Plan were reviewed by the Budget and Finance Committee at their February 7, 2000 meeting As part of the consolidated planning process, staff published a public notice on March 21, 2000 requesting public comments and recommendation on the Consolidated Plan. After the end of the comment period ,(April 21, 2000) the final Consolidated Plan will be brought back for City Council action April 26, 2000. DIk:S:~Admins\conplan 2005 workshop.wpd March 17, 2000, 7:50AM ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 IAGENDA SECTION: Closed Session ITEM: 3. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart Thiltgen, City Attorney March 16, 20,00 APPROVED Public Employee Performance Evaluation -- City Manager Closed session pursuant to subdivision (a) of Government Code section 54957 RECOMMENDATION: BACKGROUND: BJT:laa MA29CA1.CS March 16, 2000, 4:19pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Closed Session ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 21, 2000 APPROVED DEP^RTME.T.EAD CiT MA.AGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield, etc. v. Valley Communities, Inc., etc., et al.; Kern County Superior Court Case No. 238380-RA RECOMMENDATION: BACKGROUND: BJT:iaa MA29CA2.CS March 21, 2000, 2:56pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Presentations ITEM: 5. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob Price March 13, 2000 /C)VE D DEPARTMENT HEADy~/~.-j CITY ATTORNEY CITYMANAGER Presentation by Mayor Price of Proclamation to Ebony Counseling Center proclaiming April 3-7, 2000, as "Male Responsibility and Girl Power Week." RECOMMENDATION: BACKGROUND: March 13, 2000, 12:35pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Appointments ITEM: 7 .a. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerk~_~,.,._., DEPARTMENT HEAD DATE: March 17, 2000 CITY ATi'ORNEY --- CITY MANAGER SUBJECT: One appointment to the Planning Commission, term expiring April 17, 2004. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Planning Commission due to the expiration of term of Jeffery G. Tkac, whose term expires April 17, 2000. On October 6, 1999, the City Council by adoption of Ordinance 3926, determined the order of right to nominate. April, 2000 constitutes a Ward 6 appointment. An application to fill the expiring term has been received from Jeffrey G. Tkac, the current chairman of the Planning Commission seeking reappointment. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the councilmember of the ward which corresponds with the commission vacancy. Additio~nally, Planning Commission members must be residents of the City throughout their four year terms, but not of a specific ward of the nominating councilmember. Commission duties are to maintain and interpret the City's General plan and recommend methods of implementation. Maintain the City's zoning ordinance and make recommendations for improvement. Review the City's Capital Improvement Plan for consistency with the General Plan. Review and approve subdivisions and Parcel maps. Conduct hearings on all of the above items and on appeals of site plan reviews. Meetings are held on the first and third Mondays (noon) and Thursdays (5:30 p.m.) of each month, Council Chambers, 1501 Truxtun Avenue. S:\Bds&Com m\PLANNING~ADMIN.WPD March 17, 2000, 3:12pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Appointments ITEM: 7. b. TO: Honorable Mayor and City Counc~ APPROVED FROM: Pamela A. McCarthy, City Clerk.___~ ) DEPARTMENT HEAD t~Z~_> DATE: March 17, 2000 CITY AI-I'ORNEY CITY MANAGER SUBJECT: Appointment of Jake Wager, Economic Development Director as regular member and IDavid Lyman, Principle Planner as the alternate member to the Board of Zoning Adjustment. Terms expire December 1, 2000 due to the revision of the Ordinance amending the membership. RECOMMENDATION: Staff recommends approval. BACKGROUND: On February 23, 2000, the City Council amended the ordinance concerning the membership of the Board of Zoning Adjustment. Membership originally consisted of representatives from the Public Works Department, Building Department, and City Attorney and their respected alternates. The change removed the City Attorney members with their replacement being representatives from the Economic and Community Development Department. This ordinance change became effective on March 24, 2000. The specific individuals from the Economic Development Department need to be appointed for the Board of Zoning Adjustment to have a full membership for their April, 2000 meeting. The Board of Zoning Adjustment is an advisory body to the City Council, composed of three (3) staff mernbers and appointed by the full Council. The Board administers zoning ordinances, modifications to zoning standards and conducts hearings rendering decisions on applications for conditional use permit,,; and modifications subject to the provisions of the zoning ordinance regulating the granting of the permits. Meetings are held the second Tuesday of each month at 3:00 p.m., in the Council Chambers. March 17, 2000, 2:56pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Appointments ITEM: 7. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk March 2'1, 2000  3VED DEPARTMENT HEAD,~_~,-/ CITY ATTORNEY ClTY MANAGER ~ ReappointmentofDavidRaphaeltotheBakersfieldRedevelopmentAgency, termexpiresApril 22,2004. RECOMMENDATION: Mayor recommends Council confirmation. BACKGROUND: One appointment to the Bakersfield Redevelopment Agency, due to the expiration of term of David Raphael whose term expires April 22, 2000. Mr. Raphael has applied for reappointment, a copy of his application is provided for your information. The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout their term. The agency transacts business and exercises its powers under community redevelopment law. '['he Bakersfield Redevelopment Agency has authority to approve all development agreements subject to approval by the City Council two-thirds vote. Meetings are held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. S:\Bds&Com m\BRDA~ADMIN00.wpd March 22, 2000, 11:01am ADMINISTRATIVE REPORT MEETING DATE~ March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk March 17, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY N/A CITY MANAGER Minutes of the regular Council meeting of March 15, 2000. RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\MAR1500.wpd March 17, 2000, 4:18pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 17, 2000 APPROVED DEPARTMENT HEAD_,<:~ CITYATTORNE,._~.y/~"---'"' CITY MANAGER ~ Approval of department payments from March 4, 2000 to March 17, 2000 in the amount of $3,948,112.66 and self insurance payments from March 4, 2000 to March 17, 2000 iin the amount of $149,564.42. RECOMMENDATION: Staff recommends approval of payments totaling $4,097,677.08. BACKGROUND: s:~acctpay~adminf~l .wpd nks ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 10, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY r~'~ CITY MANAGER ,~-~ Resolution authorizing an application for $80,226 grant funding for Used Oil Recycling. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On June 11, 1997, Council approved Resolution No. 90-97, authorizing staff to submit an application for a used oil recycling block grant. On May 26, 1998, the California Integrated Waste Management Board (CIWMB) approved the grant and, on June 16, 1999, the City Council accepted the grant. In October 1999, the City received a check from CIWMB for $219,280 with which to implement the terms and conditions of the grant. The purpose of the grant is to encourage the recycling of used motor oil to prevent its careless misuse and subsequent potential for contaminating soil and drinking water supplies. Collection of used motor oil and used oil filters from the roughly 63,000 homes will be achieved citywide. Pickups will be performed by appointment only. To participate, homeowners can call the Solid Waste Division to arrange for a pickup at the curb. (No alley service will be provided, nor will homeowners be permitted to bring their used oil directly to the City Corporation Yard.) As a continuation of the program, the CIWMB is now requesting an application for Block Grant fundi:ng of $80,226. Upon Council approval, staff can apply for this funding, which would make possible the continuation of curbside recycling of used oil and used oil filters for FY 2000-01. SMP March 10, 2000, 11:35AM G:\GROUPDAT~SOLIDWASTE\USED OIL RECYCLING_ADM.wpd ADMINISTRATIVE REPORT IMEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 6, 2000 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~-'~'~ CITY MANAGER Resolution Approving Application for $60,000 in State Funds for Recycling Bewsrage Containers RECOMMENDATION: Staff recommends Adoption of Resolution BACKGROUND: Pursuant to Section 14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reductio~n Act, the Department of Conservation's Division of Recycling is required to distribute a total of $10.5 million to eligible cities and counties for beverage container recycling and litter cleanup activities. As part of the effort to comply with the AB 939 goal of diverting 50% of the wastestream away from landfills, Bakersfield operates seven dropoff recycling centers, which accept glass and plastic beverage contaiiners: Bakersfield College, California State University, Fred L. Thompson Junior High, Tevis Junior High, Valley Plaza, Lowell Park and Westchester Shopping Center. All revenues from the sale of recyclables become property of the site hosts. If approved, the attached Resolution would authorize staff to apply for $60,000 in additional funding for FY 2000-01, that would be used to supplement the dropoff recycling program, which costs $190,000 this. year to operate. hm March 7, 2000, 9:43AM G:\GROU PDA'~SOU DWASTE\d_beverage.ad r,wpd REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. e TO: FROM: Honorable Mayor and City Council Raul M. Rcjas, Public Works Director DATE: March 8, 2000 SUBJECT: Tract Maps/Improvement Agreements: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED (1) (2) (3) (4) (5) (6) (7) (8) (9) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5936 Phase A located west of Buena Vista Road and south of Ming Avenue. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5936 Phase B located west of Buena Vista Road and south of Ming Avenue. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5936 Phase C located west of Buena Vista Road and south of Ming Avenue. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5936 Phase D located west of Buena Vista Road and south of Ming Avenue. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5936 Phase E located west of Buena Vista Road and south of Ming Avenue. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California Inc. for Tract 5954 Phase A located west of Buena Vista Road and north of Chamber Boulevard. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5954 Phase B located west of Buena Vista Road and north of Chamber Boulevard. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5430 Phase A located west of Old River Road and south of Ming Avenue. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430 Phase E located west of Old River Road and south of Ming Avenue. (Ward 4) March 10, 2000, 2:24pm G:\GROUPDAT~ADMINRPT~2000\March 29\TR5936-A-B-C-D-E-TR 5954-A-B-TR5430-A-E-TR5946-A-B-C-D.wpd TD/mm ADMINISTRATIVE REPORT Page 2 (10) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5946 Phase A located west of Buena Vista Road and north of Chamber Boulevard. (Ward 4) (11) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5946 Phase B located west of Buena Vista Road and north of Chamber Boulevard. (Ward 4) (12) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5946 Phase C ~ocated west of Buena Vista Road and north of Chamber Boulevard. (Ward 4) (13) Finat Map and Improyement Agreements with Castle & Cooke California Inc. for Tract 5946 Phase D located west of Buena Vista Road and north of Chamber Boulevard. (Ward 4) (14) Final Map and Improvement Agreement with Coleman Homes, Inc. for Tract 5934 Unit 2 located west of Buena Vista Road and south of Stockdale Highway. (Ward 4) (15) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5921 Phase 3 located west of Calloway Drive and north of Olive Drive. (Ward 4) (16) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5921 Phase 4 located west of Calloway Drive and north of Olive Drive, (Ward 4) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED iN THE CITY CLERK'S OFFICE FOR REVIEW. March 17, 2000, 11:57am G:\GROUPDAT~ADMINRPT~2000\March 29\TR5936-A-B-C-D-E-TR 5954-A-B-TR5430-A-E-TR5946-A-B-C-D.wpd TD/mm ADMINISTRATIVE REPORT IMEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. ~:. TO: FROM: DATE: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager March 13, 2000 DEPARTMENT HEAD CITY A'rrORNEY CITY MANAGER OVED SUBJECT: Agreement with William Avery & Associates, Inc., in the amount of $27,600.00, for Negotiation and Consultant Services in Employer-Employee Relations. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: On February 24, 1997, the City Council approved Mr. Avery's consulting agreement for a three year period ending March, 2000. Mr. Avery has had a long history with the City (almost 20 years) providing consultation in labor negotiations and ongoing labor relations issues. Mr. Avery has been very successful in bu~ilding positive working relationships between employee labor groups, staff and Council. He also has a unique understanding of the City's labor relations history and knowledge of past labor practices. Mr. Avery's annual fee has remained at the same level or lower since 1992. This agreement implements a 9.5% increase to an annual fee of $27,600.00. The amount for travel and lodging is a not to exceed amount of $8,000, which is only $500.00 more than in 1995. This contract is retroactive to March 1,2000 as all contract terms had not been finalized before now. We are scheduled to start discussions with the Police Unit and the Fire Unit concerning an amendment to our PERS contract to provide for 3% at age 50 in the next few weeks. Within a short time after that, we are scheduled to begin the next cycle of negotiations with Police Supervisory and will need to prepare our labor negotiations strategy prior to that time. Staff recommends approval of the agreement. March 15, 2000, 9:13AM Q:'~ADMIN RP'r'~,very 2000.wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.9. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 21, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~'/~ CITY MANAGER Agreement with Golden Construction & Excavation, $18,077.00, for removal and replacement of manhole shafts on Ashe Road between Panama Lane and Harris Road. (Ward 7) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Developer Castle & Cooke was required to do construction on Ashe Road between Panama Lane and Harris Road. As part of our regular inspection of the roadway, it was determined that existing manholes located on Ashe Road had become deteriorated beyond repair. Due to the nature of Castle & Cooke's roadway improvements, and time constraints to complete paving of the roadway, staff directed Castle & Cooke's contractor Golden Construction & Excavation, to remove and replace the manhole shafting before the roadway was paved. This agreement allows for the payment of that 'work. Had City not elected to have the work done immediately, it would have cost significantly more money to repair after the roadway was constructed and paved. Funding for this project is available in the Streets Sewer Maintenance Section. JRL:mrp March 21,2000, 5;30pm G:~G ROUP DAT~ADM[N RPT~2000'~Iar ch 29'~Man holeSha fts,wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. h. TO: FROM: DATE: Honorable Mayor and City Council RauJ M. Rojas, Public Works Director March 17, 20,00  E~OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Bharat N Mehta and Nita Bharat Mehta to annex property located at 6850 South Union Avenue and allow sewer connection fee to be paid in three equal annual installments. (Ward 1) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The owners of the Budget Motel at 6850 South Union Avenue have requested annexation into the City and connection to the City sewer system. This agreement waives the owners protest rights to the annexation and allows the connection fee to be paid in three equal annual payments due to economic hardship. March 16, 2000, 4:49pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 IAGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 17, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement with Castle & Cooke for Acquisition and Development of Park Site in Expanded Seven Oaks Community. ~/ard ~+} RECOMMENDATION: Staff recommends approvaJ of the Agreement. BACKGROUND: On November 3, 1999, City Council passed Resolution No. 164-99 which approved a general plan amendment and concurrent zone change consisting of the relocation and reconfiguration of a six-acre park located in an area commonly referred to as the Expanded Seven Oaks Community. In general, this area is located approximately 400 feet north of White Lane (extended) and approximately one-quarter mile west of Buena Vista Road in the City of Bakersfield. The attached Agreement confirms the obligation of Castle & Cooke California, Inc. ("CCC") to develop and dedicate a park in this area pursuant to Chapters 15.80 and 15.82 of the Bakersfield Municipal Code. The attached Agreement provides for the conveyance oftitle from CCC to the City, requires CCC to post a bond for the park pending its construction, provides that the park must be constructed within a certain time-frame, and identifies the amenities for the park and guarantees workmanship. Under the terms of the proposed Agreement, this park will be completed the latter of December 31, 2001 or prior to the issuance of more than 300 building permits within the Expanded Seven Oaks Comrnunity. VG:alj S:\COUNCiL~Admins\7OaksParkAgrl .wpd March 17, 2000 MC29CA.CC ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $. j. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ///~ DATE: March 21, 2000 CITY ATTORNEY ~.- CITY MANAGER /~ SUBJECT: Agreement with County of Kern, State of California, $25,000, for at-grade crossing improvements on "L" Street regarding the Bakersfield Amtrak Station project. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As part of the overall Amtrak Station project, the City had to enter into an agreement with the Burlington Northern Santa Fe railroad (BNSF). One of the terms of the agreement is for the City to close a number of at-grade crossings, including "F" Street and a private crossing that the County now uses on "K" Street. Since the private crossing (that is now used by the County on" K" Street) has a certain function for both the Court Building and the Sheriffs Facility, additional improvements had to be made at their main "L" Street access point. This agreement allows for those improvements to be constructed and reimburse the County $25,000 therefor. In addition, the agreement also stipulates that the City will make other improvements such as signage to direct jurors and other citizens parking in the lots south of the BNSF mainline to utilize the Chester Avenue pedestrian crossing in the event a train is blocking the "L' Street crossing. Also included are improvements for additional safety lights to the Chester Avenue crossing for pedestrian safety. Funds for this agreement currently exist within the Amtrak Station project fund. The County, through its Board of Supervisors action, has already approved this agreement; therefore, staff recommends approval of the agreement. JRL;mrp March 21, 2000, 4:17pm G:\G ROU p DA~F~ADMIN RP'l~2000'&larch 29\County_Amt rakStation.wpd ADMINISTRATIVE REPORT IMEETING DATE: March 29, 2000 IAGENDA SECTION: Consent Calendar ITEM: g.k. TO: Honorable Mayor and City Council ,,/)~,IVED FROM: Jake Wager, Economic Development Director DEPARTMENT HEAD DATE: March 21, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with GRC Associates, Inc. for $24,750 to conduct a fiscal impact study. (WARD 1 &2) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In an effort to fully understand the potential impact of the "City Center" concept, staff is proposing that a consultant be retained by the City of Bakersfield. The product that would be generated would attempt to quantify what impact such a project may have on public tax revenues. The analysis will also try to define indirect tax revenues due to added hotel room nights and restaurant sales. Further, the study will estimate new employment and payroll added to the community. It will also analyze the value of the elimination of blight existing at the site of the conceptual project. Finally, the consultant will offer an opinion as to the positive or negative impacts of the project as conceptualized on further improvements to the downtown. Staff is of the opinion that the firm being recommended, GRC Associates, Inc. and its principle, are uniquely qualified to perform this service for the City of Bakersfield in that they successfully delivered the "Bakersfield Downtown Economic Development Project" completed in June 1999. Given this firm's knowledge of the Bakersfield market and their familiarity with the study area significant time savings are realized. It should also be pointed out that the consultant already has significant raw data in hand thus reducing cost associated with base research and area familiarization. The cost of the fiscal impact study is estimated at $24,750 excluding printing, copying, and third-party data that may need to still be acquired. The analysis should take five weeks following the receipt of written authorization to proceed. DIk:S:~Admins~grc city center study.wpd March 22, 2000, 11:36AM ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calender ITEM: 8. I. TO: Honorable Mayor and City Council AP, PROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD DATE: March 14, 2000 CITY ATTORNEY ~/~"' CITY MANAGER SUBJECT: Property Acquisition: Approve Purchase Agreement, $2,500 with Ledinila Quimpo to acquire real property located at the terminus of Ohio Drive for additional street right-of-way to provide access to nearby residential properties. ( Ward I ) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This area was part of the Union 10 annexation on November 10, 1994. After receiving information from the Solid Waste Department of a blockage at the end of Ohio Drive, it was discovered that the dirt access stdp at the terminus of Ohio Drive was never dedicated as a County road. This is the only access for several properties at the end of the strip. Further investigation revealed the property was sold at County Tax auction on July 27, 1999 to Ledinila Quimpo. Acquisition of this property will provide public access to several properties that currently depend on an unpaved private access strip. The Streets Division of the Public Works Department will pave this as a public street after its acquisition. On April 17, 2000, the Planning Commission will be asked to find the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. jws March 21, 2000, 4:50PM C:\WIN DOWS~TEMP~ADMINF~ 1 .WPD ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 IAGENDASECTION: Consent Calendar ITEM: 8. m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 21, 2000 APPROVED DEPARTMENT HEAD ClT ^ rOR.E C MA.A ER Carroll's Tire Warehouse: (Ward 4) Amendment No. 1, $22,210, to Agreement No. 99-324 with Carroll's Tire Warehouse for reimbursement of the cost of the 12" sewer line at the northeast corner of Rosedale Highway and Coffee Road. Appropriation of $22,210 Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. (Ward 4). RECOMMENDATION: Staff recommends approval of the amendment and appropriation, BACKGROUND: Carroll's Tiro Warohouse at the northeast corner of Rosedale Highway and Coffee Road is required to extend the sewer line across the frontage of their property. The original agreement was to roimburse Carroll's for the difference in cost between the 12" line requirod by the City and an 8" line normally roquirod of the developer. Since Carroll's could have connected to the sewer without extending the sewer line the City is reimbursing Carroll's for the entire cost of the 12" line. This amendment increases the roimbursement amount to from $13,531 to $22,210. LD:mrp March 21, 2000, 5:13pm G:\G ROU pDAT~ADMIN RPT~000'~Mar ch 29~CarrollTireAmd wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks March 15, 2000 APPROVED DEPARTMENT HEAD~'C----~~-~ CITY ATTORNEY Y~r''~ ClTYMANAGER /~/ Amendment No. 1 to agreement No. 00-7 with Holiday Inn Select for room rental and refreshments for "The Disney Keys to Management Excellence" training seminar in an amount not to exceed $22,374. RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the Agreement. BACKGROUND: The City of Bakersfield is co-sponsoring a prestigious training event conducted by the Disney Institute of Walt Disney World, Florida, at the Holiday Inn Select on April 11, 2000. The original agreement with Holiday Inn Select was based on catering for 300 participants. Revision of the planned room lay-out has resulted in the ability to accommodate up to 450 participants. This agreement increases the maximum total compensation to $22,374 to provide, if needed, catering for the maximum number of participants. There will be no additional cost to the city-participant registration fees will cover the entire catering portion of the agreement. The"Keys to Excellence" event has already received a strong response, with approximately 100 reservations made as of March 15, 2000. March 21,2000, 3:29PM S:\Forms~,DMIN FORMwpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $. o. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD //[-'~ DATE: March 23, 2000 CITY ATTORNEY C,TYM^.AGER SUBJECT: Installation of traffic signal and lighting system on Brimhall Road at Jewetta Avenue. (Wrard 4). Contract Change Orders Nos. 1 through 7, $54,011.63, to Contract No. 99-166 with Griffith Company. Appropriate $50,000 Fund Balance to the Capital Improvement Budget within the Transportation Development Fund RECOMMENDATION: Staff recommends approval of the contract change orders and appropriation. BACKGROUND: This project improved and widened the intersection of Brimhall Road and Jewetta Avenue, provided signalization of the intersection, and widened a portion of Brimhall Road east of the intersection. While the traffic signal was being designed by a consultant for the City, staff became aware that two adjacent property owners, Castle and Cooke and North Bakersfield Recreation and Parks District (NBRPD), were also preparing plans for improvement of their frontages along Brimhall Road. To better coordinate efforts and to save costs through economy of scale, Agreement 99-30 was entered into by the City, Castle and Cooke, and NBRPD to construct a combined project that included the traffic signal as well as widening Brimhall Road along Castle and Cooke and NBRPD's frontages. This project was accelerated so that the traffic signal would be in operation for the first day of school for Liberty High School, located one block south of the intersection. This acceleration caused additional work and costs for the contractor, and a portion of the change orders ($5,333.59) is related to this accelerated schedule. In addition, Engineering staff redesigned the pavement elevations through the intersection to provide a smoother ride for vehicles traveling through the intersection, and this resulted in additional work and costs for the contractor ($9,895.19). However, the major portion of the change orders is due to discrepancies or omissions on the consultant prepared plans ($23,545.09) or inaccurate quantities determined by the consultant for bidding purposes ($15,237.76). The consultant has agreed to pay $3,641.00 for Change Order No. 1, the proportionate share of the change orders for the NBRPD is $26,159.60, and Castle and Cooke's proportionate share is $5,756.16, leaving the City with a proportionate share of $18,454.87 for the change orders. In accordance with Agreement 99-30, funds for the change orders from the other parties involved have either been received or are awaiting receipt. The appropriation combined with remaining project funds will cover all remaining costs for the projecL TW:GL:mrp March 23, 2000, 2:37pm G:\GROUPDAT~ADMIN RPT~2000\March 29\brimallenadrninrptREV.wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 17, 2000 APPROVED DEPARTMENT HEAD ,~/'~-~' C, A TOR.E Amendment No. 2 to Agreement No. CA 99-2 with Kimble, MacMichael & Upton for outside legal services. Appropriate $12,000 Fund Balance to the CityAttorney's Office Operating Budget within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends approval of the amendment and appropriation. BACKGROUND: The City of Bakersfield has previously retained Kimble, MacMichael & Upton as counsel in the bankruptcy litigation involving Valley Communities, Inc. and Buena Vista Lake Properties regarding the, City's purchase of 4,700 acres of land from Valley Communities, Inc. Additional funds are required for outside counsel to continue to litigate matters. MGA:lsc:laa S:\COU NCIL~Admins~AttyRetainAmend2.Kimble,wpd MA29CA1 ,CC March 17, 2000 (11:51am) ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $- q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 15, 200,0 AP~__~OVE D DEPARTMENT HEAD ?~/Y.~?--7--- A rOR.E¥ CITY MANAGER Accept bid to award contract to HPS Plumbing Service for $35,000.00 for plumbing rehabilitation and intedor remodel at Fire Station 6, located at 127 Brundage Lane. (Ward 1) RECOMMENDATION: Staff recommends acceptance of Iow bid. BACKGROUND: Fire Station No. 6 was built in 1980 by'Kern County, and the City took the building over through the Joint Powers Agreement in 1980. When the building was constructed, galvanized steel piping was used for all water lines in the building. These pipes over the years have deteriorated until recently, numerous leaks had begun to occur, causing wall and ceiling damage. This project removes all existing galvanized steel piping and replaces with copper piping, removes and replaces water damaged intedor walls and ceilings, and repaints the interior of the fire station. The Engineer's Estimate for the work is $30,000.00. Sufficient funds are available for award of this project. Six acceptable bids were received on March 13, 2000. 1. HPS Plumbing Service In the amount of $35,000.00 401 34th Street Bakersfield, CA 93301 -County- 2. Black Oak WG, Inc. In the amount of $44,340.00 6905 S. Union Avenue Bakersfield, CA 93307 -County- 3. Black's Construction In the amount of $44,977.60 5640 District Blvd. Bakersfield, CA 93313 -County- 'rW:GL:rnrp March 16, 2000, 11:49AM G:\GROUP DA'iSADMIN RPT~2000'Wla rch 29\flrestatio n6-admin rpt.wpd ADMINISTRATIVE REPORT Page 2 Taft Plumbing Company, Inc. 120 E. Main Street Taft, CA 93268 -Out of Town- MVP Commercial Inc. 514 Belle Terrace Bakersfield, CA 93388 -County- James E. Thompson,, Inc. 7001 McDivitt Drive Bakersfield, CA 93384 In the amount of In the amount of In the amount of $48,079.00 $49,745.00 $53,194.00 'rVV:GL:mrp March 16, 2000, 11:49AM G:\GROU PDATV~DMINRP'r~2000~v~arch 29\fi restation6-adminrpt,wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 16, 2000 APPROVED DEPARTMENT HEAD~L CITY ATTORNEY ~.~,~.~ CITY MANAGER ~ SUBJECT: Award contract to Spectra Turf, Incorporated, not to exceed $50,000.00, for installation of rubberized A.D.A. surfacing at various parks. Wards 1, 4 & 6. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: This project consists of installing rubberized surfacing in the play lots of Stone Creek, Tevis, Grissom, Saunders, Deer Peak, and Beale parks. The new play lot surfacing will provide improved accessibility for mobility impaired persons as identified by the Americans with Disabilities Act as well as enhancing playground safety. The surfacing system utilizes California recycled tires which reduces the number of tires to be disposed of in California landfills. Up to $25,000 for the project is provided by a competitive grant the City secured from the California Integrated Waste Management Board. Balance of funding will be provided through funds from Economic and Community Development Block Grant. A second grant from Integrated Waste Management in the amount of $25,000 has been received for u~se in a future playground project. Invitations to bid were sent to eighteen (18) vendors. One (1) bid was received, as follows: Spectra Turf, Incorporated 310 Reed Circle Corona, CA 92879 in the amount of $7.44 squarE; foot P:~ADMIN~2000ADMIN\C000329 D.wpd GJK:Ijm March 16, 2000, 2:59pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: $. s. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEA~ DATE: March 15, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid to award annual contract to Granite Construction, not to exceed $2,064,559.00, for street materials to repair City street surfaces. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: This contract provides type B asphalt, base rock, oil sand, etc., as needed for repair of City streets. The asphalt products are picked up from the supplier and transported to various work sites by City forces. Invitations to bid were sent to seven (7) vendors. The Iow bid is from the current contract holder, Granite Construction Company. Two (2) bids were received January 18, 2000, as follows: Granite Construction Company 18850 James Road Bakersfield, CA 93308 (County) in the amount of $2,064,559.00 Vulcan Materials Company CatMat Division 8517 Panama Lane Bakersfield, CA 93311 (County) in the amount of $2,158,310.00 p:~ADM]N~2000ADMIN\C000329A.wpd GJK:ljm March 15, 2000, 2:59pm ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .t TO: FROM: DATE: Honorable Mayor and City Council C-,~gory J. Klimko, Finance Director March 16, 20Q0 APPROVED CITY MANAGER SUBJECT: Accept bid to award annual contract to Advanced Concrete Sawing and Drilling, Incorporated $60,700.00, for removal of striping and pavement marking at various locations throughout the city. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: This contract allows for the removal of striping and pavement marking and the installation of reflective pavement markers on an "as needed" basis throughout the year. Two (2) bids were received January 14, 2000, as follows: Advanced Concrete Sawing and Drilling, Incorporated 4625 District Boulevard Bakersfield, CA 93313 (City) in the amount of $60,700.00 Safety Striping Service, Incorporated 8330 West Doe Avenue Visalia, CA 93291 in the amount of $76,8110.00 P:~ADMIN~2000ADMIN\C000329B.wpd GJK:Ijm March 16, 2000, 8:55am ADMINISTRATIVE REPORT rMEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 16, 2000 APPROVED DEPARTMENT HEAD~/..~. ClTYATTORNEY ClTY MANAGER SUBJECT: Accept bid from John C. Henberger Company $75,940.51, for Opticom traffic signal equipment. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: In September, 1995, the City of Bakersfield implemented a program to equip all traffic signals within its jurisdictional boundaries to accommodate a traffic signal pre-emption system. The Bakersfield Fire Department and the Public Works Department, Traffic Division, participated in the testing of three major pre-emption systems. After the testing was completed, the committee decided that Opticorn has the best system, presented its findings and recommendations to Council, and the City has now standardized on that system. The manufacturer is 3M (who does not bid direct to users), and the distributor is John C. Henberger Company. John C. Henberger Company 26822 Vista Terrace Lake Forest, CA 92630 in the amount of $75,940.51 p:~ADMIN~2000ADMIN\C000329C.wpd GJK:ljrn March 16, 2000, 3:47pm ADMINISTRATIVE REPORT MEETING DATE: Merch 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 17, 2000 APP, EOVED DEPARTMENT HE~/~~/ CITY MANAGER /~/ Appropriate $15,000 in Strong Motion Instrumentation (SMI) Trust funds to Building Division Operating budget within general fund for purchasing racks and shelving to be used to for storing disaster related materials and supplies in a secured location. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Per AB2358, the city collects funds on behalf of the State of California for seismic safety, SMI funds are collected for each building permit and deposited into a trust account. AB2358 provides that for each $100,000 valuation, $21 is collected on commercial projects and $10 on residential projects. Local jurisdiction forward all but 5% of these funds to the state quarterly and are allowed to use a portion of the amount they retain for data utilization, seismic education, and preparing for earthquakes. The Building Division has an emergency generator and other disaster related materials to be utilized in the case of an earthquake disaster. The Building Division is in the process of provide a secure location to store these items and prefabricated racks and shelves are needed in order to store and secure the equipment and materials. As these items are considered necessary for earthquake preparedness, the renewal of the maintenance agreement is eligible for funding from the Strong Motion Instrumentation Trust. (MAD:pjt) (admin\6-16-bd) March 17, 2000, 12:01PM ADMINISTRATIVE REPORT IMEETING DATE: March 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jake Wager, Economic Development Director February 25, 2000 A.p--P-.~OVED DEPARTMENT HEAD(~ CITY ATTORNEY ClTY MANAGER ~/~/ Authorization of a Letter to be sent to the California Trade and Commerce Agency expressing the City's Interest in Applying for a Five Year Extension of the Enterprise Zone. (Wards 1 and 2) RECOMMENDATION: Direct staff to send a letter to the California Trade and Commerce Agency indicating the City of Bakersfield intends to submit an application for a five year extension of the Southeast Metropolitan Bakersfield Enterprise Zone. BACKGROUND: The fifteen year designation of the Southeast Metropolitan Bakersfield Enterprise Zone expires on October 14, 2001. However, our zone is eligible for a five year extension. To begin the extension process, the California Trade and Commerce Agency needs a Letter of Intent from the City of Bakersfield agreeing to participate in the extension process and meet all of the application requirements and deadlines as outlined in the application handbook. This is a non-binding letter that will not commit us to applying should our interests change. A thorough extension process has been established by the California Trade and Commerce Agency. This process includes submitting, 1. a detailed explanation describing the need for an extension of the zone; 2. environmental documentation, such as negative declaration, mitigated negative declaration, or environmental impact report; 3. an updated Economic Development Plan including, a. a detailed marketing plan; b. an overview of financing programs available in the zone; c. employment, job creation and vouchering services; d. planning and incentives; and e. program management, including staffing. DIk:S:~Admins~enterprise zone 5 year time expansion.wpd February 25, 2000, 9:44AM ADMINISTRATIVE REPORT Page 2 In the 2000-2001 budget proposal, this department plans to request funds for hiring a consultant to assist with the extension application process. Because our zone is jointly-administered With the County of Kern, the county will submit a separate letter indicating their intent to apply for an extension. On February 15, the Kern County Board of Supervisors authorized such a letter be sent on the County's behalf. Should the Council indicate its willingness to pursue an extension of the Enterprise Zone, City and County staff will work together to prepare a joint application and continue sharing in the costs of enterprise zone administration. The deadline for submitting an application for extension is March 14, 2001. DIk:S:~Admins\enterprise zone 5 year time expansion.wpd Februa~ 25, 2000, 9:44AM ADMINISTRATIVE REPORT IMEETING DATE: March 29, 2000 IAGENDA SECTION: Consent Calendar ITEM: $. x. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD [/~''~-~ DATE: March 21, 20'00 CITY ATTORNEY. CITY MANAGER SUBJECT: Acceptance of Independent Auditors' Report on Compliance with State Local Transportation Partnership Program. RECOMMENDATION: Staff recommends referral to the Budget & Finance Committee. BACKGROUND: Program guidelines for the State and Local Transportation Partnership Program (SLTPP) states final audits are required for all SLTPP projects with a state share of over $300,000. Two projects are subject to this final audit: Panama Lane at State Route 99 overcrossing project, and Coffee Road overcrossing project. The Compliance Report, issued by the outside auditors, indicates that the City complied, in all material respects, with the program's guidelines. No other reports were issued by the accounting firm in regards to this Compliance Report. PW-GL:mrp March 21, 2000, 5:10pm G:\GROUPDAI~ADMINRP'~2000\March 29~TransDevAct.wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Hearings ITEM: 9 .a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building March 13, 2000 APPR,~N'ED DEPARTMENT HE~i~'~~ c,,,, / ClTY MANAGER ~-~ A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. (Wards 1, 2 and 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties ara listed as follows: PROPERTY LOCATION Ward l/Councilmember Carson APN COST 1. 3513 Anderson Street 2. 317 S. Bliss Street 3. 822 S. Brown Street 4. 338 Clifton Street 5. 141 Clyde Street 6. 900 block Collins Way 7. 1100 Derrell Avenue 8. 3608 Home Street 9. 333 S. King Street 10. 501 L Street 11. 1005 L Street 12. 1901 Madison Street 13. 16 Milham Ddve 14. West of 1003 N Street 172-091-19 $ 370.00 169-103-06 $ 2,845.00 019-142-03 $ 345.00 018-370-02 $ 470.00 018-390-24 $ 385.00 019-162-01 $ 345.00 168-151-09 $ 1,115.00 172-052-08 $ 470.00 018-140-22 $ 345.00 009-302-10 $ 420.00 009-112-08 $ 480.00 170-111-01 $ 370.00 139-431-07 $ 1,295.00 009-102-13 $ 265.00 March 13, 2000, 4:22PM ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST 15. 126 Northrup Street 16. 816 & 816~ O Street 17. 310 Ohio Drive 18. 414 Ohio Drive 19. 100 S. Owens Street 20. 3421 Shellmacher Avenue 21. 903 Watts Drive 22. SEC White Lane & Madison 23. 1123 6th Street 24. 1415 E. 9th Street 25. 1117 11th Street 26. 1122 E. 18th Street 018-270-02 $ 525.00 009-212-03 $ 985.00 169-070-20 $ 495.00 169-070-13 $ 1,094.00 018-240-16 $ 545.00 172-122-15 $ 745.00 170-142-04 $ 295.00 172-070-21 $ 1,195.00 009-440-11 $ 345.00 018-062-10 $ 570.00 009-102-07 $ 265.00 017-180-12 $ 395.00 Ward 21Councilmember DeMond 27. 409 Cypress Street 007-402-08 $ 670.00 28. 432 Niles Street 012-150-24 $ 295.00 Ward 4/Councilmember Couch 29. SWC White Lane & Old River Road 394-010-30 $ 965.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipa Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners have been given notice of their right to appear at the hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. kdm MC29BL1.HRG March 13, 2000, 4:22PM ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Public Hearing ITEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 13, 2000 APPRO~ CITY MANAGER Final Environmental Impact Report, General Plan Amendment P98-0760, Specific Plan Line and Ordinance. The South Beltway corridor is located within the central portion of Kern County, crossing east-west, south of the City of Bakersfield for approximately 26 miles from Interstate-5 (I-5) to State Route-58 (SR-58). (Ward 1) Certification of the Final Environmental Impact Report for General Plan Amen<'lment P98-0760 and the South Beltway Specific Plan Line General Plan Amendment P98-0760 is the South Beltway Transportation Corridor alignment which would be shown as a "freeway" on the Circulation Element map of the Metropolitan Bakersfield 2010 General Plan. Resolution adopting the Specific Plan Line is an exact descripti~)n of the 26 mile long and 300 foot wide transportation corridor. Amend Zoning Ordinance, Section 17.55.030 of Municipal Code which will permit oil and gas extraction activities to continues within the specific plan line. RECOMMENDATION: Adopt resolution certifying the Final Environmental Impact Report; adopt resolutions transmitting General Plan Amendment P98-0760 and Specific Plan Line to Kern County for action by the F3oard of Supervisors; and first reading of the ordinance. BACKGROUND: The following is a brief history of the South Beltway. The Metropolitan Bakersfield 2010 General Plan calls for the adoption of four freeway alignments to form a "beltway" around the Bakersfield Metropolitan area. One of the alignments to be adopted is the South Beltway. This alignment is entering the 10th year in the process to adopt a specific plan line. March 21, 2000, 3:26PM ADMINISTRATIVE REPORT Page 2 The Metropolitan Bakersfield 2010 General Plan calls for the adoption of four freeway alignments to form a "beltway" around the Bakersfield Metropolitan area. One of the alignments to be adopted is the South Beltway. This alignment is entering the 10th year in the public review process to adopt a specific plan line. Specific plan lines are an exact description of the freeway right-of-way to be protected from development. The goal is to adopt a transportation corridor linking Interstate 5 with Highway 58 while serving the southern metropolitan area. This alignment would reduce traffic from local streets and create a link in the beltway system as set forth in the Metropolitan Bakersfield 20'10 Plan. The specific plan lines for the Kern River Freeway and the Western Beltway are already adopted, the next alignment in the specific plan line program is the Eastern beltway along Comanche Drive. The South Beltway alignment is 26 miles long and three hundred feet wide. The right-of-way needs to be defined and preserved to avoid conflicts with development and provide for coordination of planning for circulation and land use as required by state law. Given the trends for development and traffic growth the need for the South Beltway's construction will become critical sometime after 2020. Considering the time it takes to satisfy state and federal planning, engineering and construction of freeways the city, county and Kern COG need to finalize agreement of this alignment as soon as possible. The applicants for this project are the City of Bakersfield, the County of Kern and the Kern Council of Governments. There have been 10 public meetings at the Planning Commission (just within the last 3 years) with more than 20 hours of public testimony. This does not include special workshops, presentations by staff and planning commission committee meetings. The Alignments The FEIR considered a wide corridor for the candidate alignments. Several alignments were considered and property owners (about 5,000) were notified within 2,640 feet of all alternatives. This departure from the typical notification procedure was done to inform all the nearby property owners of the possible areas through which the freeway might pass and permit minor movements of the alignment in response to concerns of the public. Staff initially recommended an alignment closest to the existing metropolitan area because the closer the freeway to the population center the more effective the road is in reducing traffic on~ local roads (I.e. Panama Lane, Hosking Road, Berkshire Road, McKee Road), which is a principal traffic concern of the city's. The staff's alignment is often referred to as the Hosking Road alignment. This alternative received heavy public opposition at the December 1998 Planning Commission meeting. Of all the alignments this would take the most homes (60 to 70 homes), goes through the most tentative tracts (3) and has far more development immediately adjacent to the alignment than any other alternative. March 17, 2000, 8:30AM ADMINISTRATIVE REPORT Page The Planning Commission directed staff to review a different alignment that became known as the Engle Road alignment. Staff and consultant did field work and environmental documentation necessary for closer consideration. This Engle Road alignment also met with heavy opposition during the December 1999 public hearing and the Planning Commission sent the alignment to committee. The Planning Commission committee selected an alignment which took into account various concerns raised during the many hours of public testimony. The Committee's alignment had by far the least opposition of any of the previous alignments. The fewest homes were taken (about 10) and the least development was adjacent the alignment. Prior to the hearing on this alignment, city and county staff met with individual property owners to resolve problems raised concerning the committee's alignment. In response to these concerns staff recommended several changes to the committee's alignment in an attempt to miss houses and public facilities. The alignment proposed by the committee/staff was changed by the full Planning Commission along Di Giorgio Road between Union Avenue and Adobe Road (moved slightly north) in response to concerns raised at the public hearing of February 17, 2000. All movements of the alignment attempted to move the specific plan line off a house or public facility and onto open agricultural land. In no case did staff or the commission knowingly move the alignment from one set of houses onto another. These alignments were never entirely new but rather mostly incorporated portions of previous alignments. Even the Planning Commission's recommended alignment sent to the Council shares large portions of previous alignments which have been under consideration for years. There is an Environmental Impact Report prepared for this project. There has not been much controversy associated with it because it has been prepared using assumptions that all the alignments in south Bakersfield have certain significant impacts (i.e., traffic, air quality, agricultural land conversion) regardless of the exact location of the alignment. The purpose of the proposed zoning ordinance would allow continuation of current oil and ga,~; exploration and production and such future exploration and production within the specific plan line. Such oil and gas activities are permitted by dght within the specific plan line and would continue to be permitted by right. The ordinance amendment was proposed by Enron Oil, Inc, holder of mineral rights over a significant geographic area within the alternative alignments. Enron has agreed to the ordinance amendment language. The alignment before the Council represents the best alignment that meets the primary goals of the Metropolitan Bakersfield 2010 General Plan while minimizing its impacts on people and property to the greatest degree possible. There is opposition to this alignment by some of the affected property owners. Significant unavoidable impacts, after mitigation, include the following: loss of prime agricultural land, growth inducing impacts, potential visual resources impacts and potential impacts to infrastructure. March 17, 2000, 8:30AM ADMINISTRATIVE REPORT Page 4 Correspondence from Arvin-Edison Water District (dated February 14, 2000) states that the alignment runs through four miles of the District and may impact two pipelines and cross two canals. The recommended alignment is preferable to the "original preferred alignment"; however this alignment may impact the districts's main pumping plant facilities and such facilities must be protected at all costs and the district must be protected from any liability associated with building a freeway. When it becomes necessary to precisely position the corridor, the District would appreciate further consultation. The District understands that growers may be interested in a workshop to discuss alignment options. The recommended alignment is now almost entirely outside City limits but has the full support of County staff who have been involved in all the meetings regarding the alignment. The City has been the lead agency because the most heavily developed area the original alignment went through is located within the City and the greatest development pressure in south Bakersfield is all within City limits. There is a great need to settle the location of the freeway to both provide certainty in regional planning for land use and circulation in the area and to avoid having development preclude any alignment in the southern Bakersfield area. RED ad min'~mar'G-29sb March 17, 2000, 8:30AM ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Reports TEM: lO.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager March 23, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Urban Development Committee Oral Report and Resolution Regarding the Proposed Borba Dairies. RECOMMENDATION: The Urban Development Committee recommends acceptance of the report and adoption of the resolution. BACKGROUND: The Urban Development Committee met on Wednesday, March 22, 2000 to review the issue of the proposed Borba Dairy. At the meeting numerous comments were received from speakers, both in favor and opposed to the proposed dairy project. Committee members discussed the information presented and outlined a resolution regarding the proposed Borba dairies. The Urban Development Committee recommends the adoption of the resolution. A:\BorbaAdmin-0300.wpd March 23, 2000, 11:53AM ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: TEM: 10. b. Repo~s TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager March 23, 2000 Report on Additional Suites to Centennial Garden APPROVED DEPARTMENT HEAD ~'~ CITY ATTORNEY ~'"'~ CITY MANAGER ~.J~× RECOMMENDATION: BACKGROUND: City Manager, Alan Tandy will give a report on the status of adding luxury suites to the Centennial Garden. AC:al March 23, 2000, 9:26AM S:~Admin Rpts~\Garden Suites Report 032900.wpd ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 J ITEM: 1 1 . a. AGENDA SECTION: Deferred Business TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney March 16, 2000 APPROVED DEPARTMENTHEAD CITY ATTORNEY ,~_~'~- C T¥ An Ordinance Amending Sections 5.06.010 and 5.06.060 and Chapter 9.12 of the Bakersfield Municipal Code and Adding Sections 5.06.062, 5.06.064, 5.06.066, 5.06.068 and 5.06.069 to the Bakersfield Municipal Code Relating to Adult Entertainment Businesses. RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: Currently, Chapter 5.06, which regulates adult entertainment businesses, defines certain terms differently than Chapter 17.69, which relates to the location of adult entertainment businesses. This ordinance eliminates the inconsistencies by having the definitions in Chapter 5.06 match the definitions in Chapter 17.69. In addition, this ordinance adds several provisions to Chapter 5.06 to apply to prospectivE; adult arcades (booths), mini-motion picture theaters, and live entertainment theaters. Such provisions include a section on access, separation of patrons and performers, and the configuration of future arcades. There is also a section which makes doors on such prospective structures strictly prohibited. A severability clause has also been included to protect the remaining portions of the ordinance if a section is found to be unenforceable. Finally, Chapter 9.12, which regulates nude entertainment, has been revamped in light of state law, which preempts many of the current sections. As such, the ordinance recommends repeal of these sections and the renaming of the Chapter to "Public Decency." This ordinance received first reading at the City Council Meeting of March 15, 2000. S;\COU NCIL\Admins~,dult Ent5.06&912rev.ord.wpd BJT:GG:Iaa MA29CA1 .DB March 16, 2000, 10:09arn ADMINISTRATIVE REPORT MEETING DATE: March 29, 2000 AGENDA SECTION: Deferred Business TEM: 3. ~., b, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 24, 2000 AP~W, QVED DEPARTMENT H EA~7~,_ CITY MANAGER . ,~_/~-" SUBJECT: An ordinance amending title seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 122-01 and 123-06 by changing the zoning from an R-l(One Family Dwelling) zone to a PCD (Planned Commercial Development) zone on 13.65 acres generally located south of Stockdale Highway, west of Buena Vista Road to allow a 102,222 square foot neighbo~rhood shopping center (ZC P99-0919). (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On March 15, 2000, the City Council held first reading of the ordinance. At that time Councilman Couch asked if several design issues could be addressed by more specific conditions. Upon review it was found that some were already in place, some were to be more specifically dealt with in later review and that any substantive changes would need to be addressed in a noticed public hearing. Therefore, the ordinance is resubmitted for adoption as presented at first reading. The request is to change the zoning on 13.65 acres from R-1 (One Family Dwelling) to PCD (Planned Commercial Development) to allow development of a 102,222 square foot shopping center. On February 17, 2000, the Planning Commission adopted a resolution recommending approval of the zone change request by Coleman Homes, Inc. The City Council approved a commercial general plan amendment in November 1999 for the project area with a requirement for the property to be developed with a PCD plan to allow Planning Commission and Council review of shopping center plans. Proposed plans provide additional landscaping, buffers from future residential areas, noise mitigation features, and circulation strategies to address compatibility with adjacent residential neighborhoods. March 22, 2000, 9:t7AM ADMINISTRATIVE REPORT Page 2 Signage for the project would be approved through the Planning Commission's Comprehensive Sign Plan process. No one spoke in opposition to the zone change request at the Planning Commission hearing. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore, a Negative Declaration was prepared and the initial Study is attached as Exhibit "B". The impacts of urbanization of the area have also been the subject of public hearing for the Buena Vista/Kern River Ranch EiR, General Plan Amendment P99-0203, and Tentative Tract 5951, all or a portion of which covered urban impacts on the project site. Special studies supplied with the PCD application and made part of the initial study include an updated traffic study and an acoustical analysis. Mitigation measures (listed as conditions) from previous environmental documents have been carried through and applied to this project as appropriate. All required public notices have been provided. (JM:pjt) (admin~nar~3-29-0919) March 22, 2000, 9:17AM