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HomeMy WebLinkAbout08/30/2000 AGENDA PACKETPRE-MEETING 1. ROLL CALL BAKERSFIELD CITY COUNCIL AGENDA MEETING OF AUGUST 30, 2000 Council Chambers, City Hail, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. (30 min) (lo rain) (10 rain) WORKSHOP a. City of Bakersfield GIS Demonstration (MIS Director Bob Trammell) b. Median Island Enhancement Update (Public Works Director Raul Rojas) c. Code Enforcement and Community Policing (Development Services Director Jack Hardisty and Captain Bud Wahl) CLOSED~ SESSION Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9.; Union Pacific Flailroad Company, Inc. et al. v. Pacific Bell, etc., et el. and related cross-act!on; Kern County Superior Court Case No. 239429-SPC be Conference with Legal Counsel - Potential Litigation Initiation of litigation pursuant to St~bdivision (c) of Government Code Section 54956.9; One potential case. REGULAR 1. 2. 3. 4. 5. MIEETING INVOCATION by Cher Panneff, First Assembly of God Church PLEDGE OF ALLEGIAN!CE ROLL CALL CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Mayor Price of Proc~lamation to Margie Getson, President of the South San Joaquin Valley Chapter of the National Ovarian Cancer Coalition, proclaiming September, 2000 as "Ovarian Cancer Awareness Month." 6. PUBLIC STATEMENTS. 7, APPOINTMENTS a. Seven appointments to the Keep Bakersfield Beautiful Committee. Staff recommends COuncil determination. 8. CONSENT CALENDAR Minutes: a. August 16, 2000 CounciR Meeting. Payments: Payments from August 8, to August 18, 2000 in the amount of $5,349,499. '15; and Self Insurance payments from August 8, to August 18, 2000 in the amount of $204,572.79. Fiesolutions: (Ward 3) Ce Resolution of Intention No. 1222 ordering the vacation of Camino Grande Drive to prohibit public ;access along the north side of the Cogeneration Plant. (Ward 6) Resolution ordering the summary abandonment olf the west 130 feet for a lot iine adjustment within Tract No. 5698. (Ward 2) Resolution ordering the summary abandonment of the Reserved Public Utility Easement in the vacated alley for the Downtown extension Complex at 20"' and K Streets. (Ward 6) Resolution adding territory, Area 3-'12 (Akers, McKee SW) to the Consolidated Maintenance Distdct and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) Resolution adding territory, Area 2-23 (Wheelan Court) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution aul:horizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2000-01. Resolution del~ermining that a mobile stage unit for the Recreation and Parks Department cannot be reasonably obtained througlh usual bidding procedures and authorizing the Finance Director ID dispense with bidding, not to exceed $117,972.19. -2- 8. CONSENT CALENDAr4; continued (Ward 4) (Ward 2,3) (Ward 2) (Ward 1,2,4,5,6,7) (Ward 4) j. Bakersfield Municipal Airport: Resolution approving the application for Grant Funds for the 2000 Aeronautics Program adopted by the California Transportation Commission for slurry seal improvements at the Bakersfield Municipal Airport. Accept and appropriate $85,000 State Grant Funds and appropriate $10,000 fund balance to the Capital Improvement Budget within the General Aviation Fund. AgreelTlellts: 'Transportation, impact Fee Agreement with Castle & Cooke California, Inc. for construction of additional travel lanes on Buena Vista Road and Ming Avenue. I. Seismic retrofit design of six City bridges: Amendment No. 2 to Agreement No. 97-346 with W. Koo & Associates, inc., $12,29'7. 2. Appropriate $12,000 Surface, Transportation Program Funds and $3,000 State Seismic Funds to the Capital Improvement Budget within the Surface Transportation Fund and Gas Tax Fund. Contract Change Order No. 8 to Contract No. 99-49, Q Street Underpass, Chester Avenue Underpass widening and related track work at the Burlington Northern and Santa Fe Railway Tracks, for installation of insulated joints on railroad tracks, seismic protectlion for the Chester Avenue Underpass Railroad Bridge, payment of an early completion incentive at a cost increase of $161,002. Bids: Award Annual Contract to Granite Construction for street materials to rapair City street surfaces, not to exceed $1,318,710. Extend bid award to Central Valley' Truck Center to add $111,710.53 for one additiona~ refuse truck for Public Works Department. Reject bid for traffic ,,signal interconnect installation at various locations in the City of Bakersfield. Miscellaneous: Quitclaim Deed from the City of Bakersfield to the Links at Riverlakes Ranch, LLC for a Public Uti~iity Easement and Sewer Easement located west of Riverlakes Drive, north of Hagennan Road. Update of Capiital Improvement Plan and Fee Schedule for Transportation Impact Fee. (Staff recommends referral to Urban Development Committee) -3- (Ward 2) (Ward (VVards 1,2,7) CONSENT CALENDAR continued Approval of Community Developmerit Block Grant Amendment No. I (FY 00/01); Amendment No. 5, FY 99/00; Amendment No. 7, FY 98/99; Amendment No. 8, FY 97/98; Amendment No. 15, FY 96/97; and Amendment No. 12, FY 95/96. Transfer $30,000 from Council Contingency to the Non-Departmental Operating Budget for a contribution to the Bakersfield Museum of Art for construction of the sculpture garden prciect. u. City Positions on League of Califomia Cities Resolutions. Transient Ouffiloor Business Permits. (Staff recommends referral to Budget and Finance Committee. Staff reoommends adoption of Consent Calendar Items a. through v. HEARINGS a. Resolution confirming the report of the Chief Code Enfomement Officer regarding assessment of 825 Brundage Lane in the City of Bakersfield for which a dangerous building has b~;en demolished. Staff recommends adoption of the resolution. b. Fiesolution confirming the report of the Chief Code Enfomement 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. c. Public Hearing to notice the extension of the moratorium against issuance of permits for vendors conducting sales from portable concession stands in City parks pursuant to Section 12.56.240 (B) and {C). Staff recomme,nds approval of extension of the moratorium. d. Resolution in support of amendment to the Kern Countywide Siting Element of the Countywide Integrated Waste Management Plan. Staff recommends adoption of the resolution. e. Ordinance amending Section 14 of Subsection (a) of Ordinance No. 2518 relating to the Cable Television Franchise of Time Warner Entertainment Advance/New t-louse. (First reading 8/16/2000) Staff recomme,nds adoption of the ordinance. -4- 10. REPORTS a. Salary Survey Results: 1. Personnel Committee Minor~hJ Report No. 1-00 (Maggard) 2. Personnel Committee Minority Report No. 2-00 (Carson) Personnel Committee recommends referral to City Council for review and Council determination. 11. (Ward 4) (Ward 4) (Ward 2,5) (Ward 4) (Ward 4) DEFERRED BUSINESS Ordinance arnending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 410 to Ward 4, located between Aalen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. (First reading 8/16/00) Staff recomm~;nds adoption of ordinance. Ordinance amending Bakersfield Municipaa Code Section 1.12,040 by adding Annexation No. 411 to Ward 4, located north of Stockdale Highway between Allen and Jenkins Road. (First reading 8/16/00) Staff recommends adoption of the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-10 and 123-1 t changing the zoning district from One Family Dwelling Church and Lirnited Multiple Family Dwelling to Planned Commercial Development on 5.14 acres, located at the southwest corner of Ming Avenue and Canter Way. (ZC P00-0236',1 (First reading 8/16/00) Staff recommends adoption of the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 from Neighborhood Commemial and Estate to Limited Multiple Family Dwelling zone. (ZC P00-0238) (First reading 8/16/00) ,Staff recommends adoption of the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-19 changing the zoning distdct from One Family Dwelling to Planned Commemial Development, consisting of 3.93 acres at the northwest corner of CaHoway Drive, and Meacham Road. (ZC P00-0253) (First reading 8/16/00) Staff recommends adoption of the ot~linance. -5- 11. (Wa~d S) (Ward 4) (Ward 4) DEFERRED BUSINESS; continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 102-24 by changing the zoning from Planned Commemial Development ;:one to a revised Planned Commercial Development zone to add a hellstop, and to revise the medical office building and hospital wing of the IE~akersfieid Heart Hospital on 10 acres, located at 3001 Sillect Avenue, (ZC P99- 0911) (First reading 8/16/00) Staff recommends adoption of the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 from Planned Unit Development zone to One Family Dwelling zone on 65.44 acres, k)cated south of Campus Park Drive, west of Old River Road. (ZC P00-0235) (First reading 8/I 6/00) Staff recomm~;nds adoption of the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Cc~e and Zoning Map Nos. 102-15 and 102-22 from Light Manufacturing, GeneraE Manufacturing and Heavy Manufa,~uring to One Family Dwelling zone, Limited Multiple Family Dwelling and General Commercial zone, upholding the decision of the Planning Commission and denying the appeal by Olive-Landco Associates to the conditions of approval. (Zone Change P99-0482) (First reading 8/16/00) .Staff recomm~;nds adoption of the ordinance. Ordinance repealing Section 15.64.180 of the Bakersfield Municipal Code regarding L~nsupervised Fuel Dispensing. (First reading 6/16/00) .Staff recomm~;nds adoption of the ordinance. 12. NEW BUSINESS Ordinance amending Subsection F of Section 3.20.090 of the Bakersfield Municipal Code relating to pedormance bonds.. Staff recomm~;nds first reading of the ordinance. Ordinance amending Tit~e ~7 of the Bakersfield Municipal Code and multiple zone maps within the metropolitan Bakersfield area by changing the zoning for forty-two City parks and twelve North Bakersfield Recreation and Parks District parks from various zone classifications to Open Space zoning. Staff recomm~;nds first reading of the Ordinance. Ordinance amending Chapter 5.08 of the Bakersfield Municipal Code relating to .Alarm Systems. Staff recomm~;nds first reading of the ordinance. 13. 14. COUNCIL STATEMEN'ir'S ADJOURNMENT Respectfully submitted, Alan ~ndy City Manager S:\COUnCiI~AGENDA~AUG3000,Wpd August 24, 2000 (3:51pm) -7- ~ · BAKERSFIE MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COIJNCIL DARNELL W. HAYNES, ASSISTANT TO THE CITY MANAGER ALAN TANDY, CITY MANAGER AUGUST 25, 2000 , / AGENDA HIGHLIGHTS - AUGUST 30, 2000, COUNCIL MEETING PRE-MEETING There are three workshop items: 1 ) a G1S demonstration of the new aerial photography and map retfieval systems by MIS Director Bob Trammefi; 2) a median island enhancement update by Public\Norks Director, Raul Rojas; and 3) a report by Development Services Director Jack Hardisty and Captain Wahl regarding code enforcement and community policing. There are two closed session items: 1 ) a conference with legal counsel regarding existing litigation, Union Pacific Railroad Company, et al vs. Pacific Bell, et al.; and 2) a conference with legal counsel regarding potential litigation. APPOINTMENTS There will be seven appointments to the Keep America Beautiful Committee, to be determined by Council. Nineteen valid applications were received. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: 8c. Resolution of Intention orderinq the vacation of Camino Grande Drive to prohibit public access alonq the north side of the Coqeneration Plant. The County is planning to close the portion of Carnino Grande Drive that extends through the! old landfill property. The plan is to limit access to County vehicles, emergency services, and vehicles necessary for operation of the Plant. City staff notes that an easement must be retained for Bike Path purposes. Public Works, Fire, Police, Development Services and Economic Development have not posted any objection; however, due to fire hazards in the area, fire service must be retained along Camino Grande Drive between Alfred Harrell Highway and the Paladino area. The utility companies were notified and have indicated their existing facilities must be protected with reservation of an easement. Preliminary notic, e was mailed to all land owners within a 300-foot radius, with one owner expressing concern. The proposed closure was heard by the Planning Commission at its meeting of HONORABLE MAYOR AND CITYCOUNCIL August25,2000 Page-2- August 3, 2000, and was found to be consistent with the 2010 General Plan. This resolution sets the date of September 27, 2000 for Publio Hearing on the proposed vacation. 8d. Resolution orderinn the summary abandonment of the west 130 feet for a lot line adiustment within Tract No. 5698. The owners of Lots 2, 3, and 4 of Tract No. 5698 have agreed to adjustm~;nt of the lot lines which would enlarge Lot 4. The owner of Lot 4 plans to build a home that will encroach upon the existing public utility easement and therefore has requested abandonment. Aft of the utility' companies were notified, together with Public Works, Fire, Development Services and Economic Development, and there were no objections. All property owners within a 300~foot radius were also notified, with no objections received to date. The; proposed abandonment was heard by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the 2010 General Plan. 8e. Resolution orderinn the summar,/abandonment of the Reserved Public Utility Easement in the vacated allev for the Downtown Extension Complex at 20th and K Streets. A 33-foot alley located near the area of 20th and K Streets was vacated in July, 1997. A utility easement was retained for existing facilities. California State University Merc, ed has since acquired a majority of the block containing the alley for constructionoftheirDowntownE-'xtensionComplex. The new construction will encroach on the east half of the easement and along a portion of the west half. The applicant has com pieted arrangements with all utility companies to relocate and/or remove any utilities within these areas. All of the utility companies were notified, together with Public Works, Fire, Development Services and Economic Development, and there were no objections. All property owners within a 300-foot radius were also notified, with no objections received to date. The proposed abandonment was heard by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the 2010 General Plan. 8fi Resolution addinq territory to the Consolidated Maintenance District and confirminq the assessments, approvina Public Works Director's Report and authori2:inq collection of assessments by the Kern County Tax Collector. The owner of tentative Tract No. 5944 ,,submitted a written request to form a rnaintenance district that will provide for maintenance of a public park and public street landscaping. The area is generally bounded by McKee Road on the north, Akers Road on the east, a line 1/4 mile south of McKee Road on the south, and a line 3/8 mile west of Akers Road on the west. The owner submitted a letter waiving all hearings required by the Brown Act, the Municipal Code, and all Proposition 218 rights. In order to provide future property owners with disclosure, a covenant will be supplied to the subdivideddeveloper to be recorded with the Tract map and all future subdivision maps in the area. 8cl. Resolution addinq territory to the Consolidated Maintenance District and confirmine the assessments, approvinq the Public Works Director's Report and authorizinq collection of assessments by the Kern County Tax Collector. The owner of tentative Tract No. 5996 submitted a written request to form a maintenance district that will provide for maintenance of a public park and public street landscaping. The area is generally bounded by Ardmore Avenue on the north, Akers Road on the east, the alley north of Parker Avenue on the south, and a line 630 feet west of Akers Road on the west. The owner submitted a letter waiving all hearings required by the Brown Act, the Municipal Code, and all Proposition 218 rights. In order to provide future property owners with .disclosure, a covenant will be supplied to the subdividefideveloper to be recorded with the Tract map and all future subdivision maps in the area. 8h. Resolution authorizinq the filincl of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2000-01. Transportation DevelopmentAct funds are administered by the Kern Council of Governments. The City typicaI]y does not receive any TDA Article HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -3- 8 Street and Road funds, which are used to address transit problems. The filing of this application is a formality and is done in case ad,ditional TDA Article 8 funds become available in the future for street and road projects. 8i. Resolution determinincl that: a mobile staqe unit t"or the Recreation and Parks Department cannot reasonably be obtained throuclh usual biddinq procedures and authorizinq the Finance Director to dispense with biddinq. The Fleet Services Division of the Public Works Department has worked with the Recreation and Parks Department to research the purchase of a self-contained portable stage unit. Of the two manufacturere of quality units in the United States, only one, Century industries, offers a unit that meets the requirements of the Recreation and Parks Department for size and quality. Staff recommends that this unit be obtained via sole-source purchasing. 8j. Bakersfield Municipal Airport. Staff submitted a funding request for $85,000 to the State Department of Transportation, Aeronautics Program, for slurry seal improvements at the Bakersfield Municipal Airport. The request was approved March 30, 2000. The Aeronautics Program requires a resolution certifying the approval of the application by the applicant's governing body and contains assurances that the City of Bakersfield has the local matching funds to the State;'s $85,000 grant. This administrative; report also appropriates the State grant funds and the local match for the slurry seal project. Aqreements: 8k. Transportation Impact Fee Aqreement with Castle & Cooke California, lnc. for construction of additional travel lanes on Buena Vista Road and Minq Avenue. This agreement will allow Castle & Cooke California, Inc. to construct required improvements which are in the local and regional Transportation Impact Fee program in-lieu of paying their proportionate share of the required Traffic Improvement Fees. This agreement is for the construction of one south bound lane on Buena Vista Road between the Kern River Canal Crossing to White Lane and one east and one west bound lane on Ming Avenue from Buena Vista Road to Alien Road. 81. Amendment No. 2 to Aqreement No. 9%346 with W. Koo & Associates, Inc., for seismic retro~t.desiqn of six City bridqes. The City entered into Agreement No. 97-346 with W. Koo & Associates for the seismic retrofit design of six City bridges. With CaiTrans concurrence, the City opted to replace southbound North Chester Avenue bridge since replacement and retrofit costs were comparable, and bridge replacement would be fully funded under the retrofit program. Since the bridge is more than 50 years old, it must undergo a Historic Architectural Survey to determint,= historical significance and, if necessary identify appropriate mitigation measures for the planned demolition an,d replacement of the bridge. The Amendment to the Agreement will cover the $12, 297 cost related to the Survey. Staff also recommends appropriating STP funds and State Seismic Funds to cover the contract amount increase plus staff time and any miscellaneous direct costs. 8m. Contract Chanae Order No. 8 to Contract No. 99-49, Q Street Underpass, ChesterAvenue Underpass wideninq and related track work at the Buriinqton Northern and Santa Fe Railway Tracks, for installation of insulated joints on railroad tracks, seismic protection forthe ChesterAvenue Underpass Railroad Bridcle, payment of an early completion incentive at a cost increase of $161,002. This change order provides for: 1 ) additional track work required for the Amtrak Station in order to provide proper signaling and safety for all Amtrak trains; 2) installation of the necessary seismic protection of the widened portion of the Chester Avenue Underpass Railroad Bridge; and 3) payment ol= $100,000 to Griffith Company for meeting the early HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -4- substantial completion date of June 30, 2000. This date was established to insure that [he Q Street Underpass would be open at the same time as the opening of the Amtrak Station. Bids: Item 8n. Award Annual Contract to Granite Construction for street rnaterials to repair City street surfaces in an amount not to exceed $1,318,710. Staff received two acceptable bids and is recommending award to Granite Construction. Item 80. Extend bid award to Central Valley Truck Center to add $111.710.53 for one additional refuse truck for Public Works Department. On June 14, 2000, the City Council awarded a bid for one replacement roll-off refuse truck to Central Valley Truck Center. A second truck is now required due to the additional 15,000 tons per year generated by the County green waste pickup program. The bid specifications provided for additional units to be purchased at the same per unit cost for a reasonable time with the written approval of both the successful bidder and the; City. Item 8p. Reiect bid for traffic signal interconnect installation at various locations in the City of Bakersfield. Staff received one bid, which was significantly higher than the Engineers estimate of $458,813.25. The project will be re-evaluated and re-advertised. Miscellaneous: 8q. Quitclaim Deed from the City of Bakersfield to the Links at Riverlakes Ranch, LLC for a Public Utility Easement and Sewer Easement located west of Riverlakes Drive, north of Haqeman Road. This Quitclaim grants back to The Links at Riverlakes Ranch, LLC the City's right, title and interest in a public utility easement and sewer easement within The Links Golf Course that was recorded in er:ror. The City is in possession of revised easements which will be recorded to correct the error. 8r. Update of Capital improvement Plan and Fee Schedule for Transportation Impact Fee. The Municipal Code requires the Capital Improvement Plan and Fee Schedule for the Transportation Impact Fee to be updated and adopted by the City Council each fiscal year. It has been nearly four years since a comprehensive review of the Plan and Fee Schedule has been conducted. Staff believes that such a review is now appropriate, and recommends referring this item to the Urban Development ,Committee. 8s. Approval of Community Development Block Grant Amendments. During the City's budget process, staff identified project savings from prior year activities totaling $251,066. In order to comlply with HUD regulations, any significant charlges or additions to must undergo an amendment process, which includes obtaining citizen views and comments on the proposed changes. During the preparation of the FY2000-01 budget submission, $145,000 of project savings were earmarked for the continued operation of the City's graffiti removal program. The approved City budget already reflects the programming of $145,000 of project savings, however, this action is needed in order to comply with HUD amendment guidelines. Available program savings for reprogramming is $106,066. At the April 19, 2000 Budget and Finance Committee meeting, several projects were reconsidered for funding as part of this amendment. The Committee recommende;d funding assistance for the Garden HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -5- Childcare and Youth Center rshabilitation project, Valley Achievement Center Acquisition, Bethany Homeless Center rehabilitation project, and the Bernard Street Lighting Upgrade. Lastly, an economic development study for the Southeast Bakersfield Redevelopment Project Area has been proposed for CDBG funding. If this project is approved staff is recommending the funding of the study come from the FY 2000/01 CDBG program funds. 8t. Transfer $30.000 from CounciB Continc~encv to the Non-Departmental Operatinq Budqet for a contribution to the Bakersfield Museum of Art for construction of the sculpture garden project. On May 23, 2000 the City of Bakersfield reoeived a request from the Bakersfield Museum of Art to provide ground maintenance sen/ices with City staff or funding support in the amount of $750 per month for the next five years. The City Council has a policy of not funding operational expenses for non-profit organizations, however, the Budget and Finance Committee discussed a preference to fund a one-time capital project. City staff was directed to meet with a museum representative and identify a capital project. The sculpture garden project was identified and recommended for one-time funding in the amount of $30,000 to be made available from Council Contingsncy. 8u. City Positions on League of California Cities Resolutions. The Legislative and Litigation Committee met on August 24, 2000 to review the proposed League of California Cities annual resolutions. The Legislative and Litigation Committee took a position on each of the proposed resolutions. The Committee recommends that Council accept its recommendations and direct the City's Delegate to vote accordingly during the League's General Assembly meeting at the Annua~ Conference. Item 8v, Transient Outdoor Bueiness Permits. The owner of a seasonal business, which is subject to the zoning requirements of the Transient Outdoor Business Ordinance, requested in writing a change in the permitted zoning for seasonal permits from C-2 to C-1. Currently, transient outdoor businesses are permitted in a C-2 zone. Some exceptions include property owned and occupied by a church and/or school, and the business is located no less than 300 feet from the proper~y line of any residence. A C-1 zone is a neighborhood commercial zone, which is typically smaller in scale and limits uses due to the proximity to residences. Zoning restrictions can be modified by a Conditional Use Permit. There is a fee of $1,342 for this permit because the neighborhood must be noticed and there must be a public hearing. Until about one year age, all transient outdoor permits were issued for a 90-day maximum term. At the request of the owner, the ordinance was amended to add a 180-day permit for seasonal food sales. The first reading of the amendment reflected a C-1 zone, in error. The error was corrected for the second reading, but caused confusion to the owner. Two temporary CUPs were issued, at no cost ~o the owner, as a result of the confusion. Under the existing ordinance, the owner can reapply for the CUPs, at his expense, or the Council may give consideration to amending the ordinance. Staff recommends referring this item to the Budget and Finance Committee. HEARINGS 9a. Resolution confirminq the re;port of the Chief Code Enforcement Officer regarding assessment of 825 Brundaqe Lane in the City of Bakersfield for which a dangerous building has been demolished. The property located at 825 Brundage Lane was determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield. The property owner was notified and HONORABLE MAYOR AND CITYCOUNCIL August25,2000 Page-6- failed to comply with the notice t,a abate such a public nuisance. As permitted by the Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The property owner has been given notice of their dght to appear at the hearing on this matter and to object to the correcthess of the .costs incurred by the City to remove the public nuisance. This resolution confirms the costs incurred by the City for work performed to demolish the subject structure a~nd order that such costs be made a lien against the property. 9b. Resolution confirmine the report of the Chief Code Enforcement Officer reeardina assessments of certain properties for which structures have been seoured aqainst entry or for the abatement of certain weeds. debris and waste matter. The subject preperties listed in this report are in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures, maintaining hazardous weeds, debris and waste matt~;r, which constitute public nuisances. '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. As permitted by the Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The property owner has been given notice of their right to appear at the hearing on this rnatter and to object to the correctness of the costs incurred by the City to remove tile public nuisance. This resolution confirms the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made afien against the property. 9c. Public Hearinq to notice the extension of the moratorium aeainst issuance of permits for vendors conductine sales 'from portable concession stands in City parks. At tile July 19, 2000 City Council Meeting, Council adopted a Resolution establishing a moratorium on the issuance of permits for vendors conducting sales from portable concession stands in City parks. The 45 day moratorium expires on September 2, 2000. The moratorium did not impact current permittees; rather, it ,applied only to new applications. The matter of vending within the parks was referred to the Legislation and Litigation Com mittee and was placed on their agenda of August 24, 2:000. gnitial moratoriums last for 45 days but can be extended for a period of 10 months and 15 days after conducting a public hearing. Given the complicated nature of this topic, the time needed to send out and respond to Requests for Proposals, and alEow time for Council to discuss how best to proceed and consider appropriate ordinance provisions, staff recommends ,extension of the moratorium. 9d. Resolution in support of amendment to the Kern Countywide Sitinq Element of the Countywide Inteqrated Waste Manaeement Plan. Kern County is preparing to amend the Countywide Integrated Waste Management Plan to include the closure of the China Grade Landfill in the Siting Element. Although the China Grade Landfill is located outside the City of Bakersfield, the City has the opportunity to participate in the amendment process. Because these proposed changes present no adverse impact within the City's jurisdiction, it is appropriate to pass a resolution in support of the Siting Element amendment. 9e. Ordinance amendine Section 14 of Subsection (a) of Ordinance No. 2518 relatinq to the Cable TelevisionFranchiseofTimeWarnerEntertainmentAdvance/NewHouse. ThisordinancewillallowTime HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page Warner Entertainment a 24-month franchise fee exemption for its high speed Internet service!. The public hearing for this ordinance is scheduled at the time of second reading of the ordinance on August 30, 2000. REPORTS 10a. Report Nos. 1~00 and 2-0,0 frorn the Personnel Committee reqardinq Manaaement Salary Survey Results. The management salsLry survey results have been presented to and reviewed by the Personnel Committee, who had a member absent. There are two minority report alternatives for City Council consideration. The classification of Risk Manager is proposed to be deleted from consideration, as the position is under review due to the recent resignation of the incumbent. DEFERRED BUSINESS 11 a. Ordinance amendinc~ the Municipal Code by addinq Annexation No. 410 to Ward 4, located between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Hic4hwav. (First reading 8/16/00) This annexation area consists of 144 acres of uninhabited land. The owner wishes to annex the site to the City to receive City services. This Ordinance amends the ward boundaries to include Annexation No. 410 area into the corresponding Council ward. 11 b. Ordinance amendinq the Municipal Code by adding Annexation No. 411 to Ward 4, located north of Stockdale Hiqhwav between Allen and Jenkins Road. (First Reading 8/16/00) This annexation area consists of ½ acre inhabited land. The owner wishes t,o annex the site to the City to receive City services. This Ordinance amends the ward boundaries to include Annexation No. 411 area into the corresponding Council ward. 1 lc. Ordinance amendinq the Municipal Code and Zoning Maps chanGinq the zoning district from One Family Dwelling Church and Limited Multipie Family Dwellinq to Planned Commercial Development on 5.14 acres. Halferty Development Corporation has requested an amendment to the General Plan and a zone change for property located along the south side of Ming Avenue, between Canter Way and Rain Tree Court. The applicant proposes to demolish the existing Fellowship Bible Church, 16 apartment units and develop the site tO a shoppinG center consisting of 71,500 square feet of floor area with retail and restaurant uses. The Planning Commission is recommending approval of the Negative Declaration, General Plan Amendment and :_,one change with extensive changes to the project. Extensive changes to the project design were made to address the concerns expressed by the neighborhood. The City Council approved General Plan Amendment P00-0236 and gave first reading of the Ordinance on August 16, 2000. Staff is recommending adoption of the ordinance. 1 ld. Ordinance amending the Municipal Code and Zoninq Map from Neiqhborhood Commercial and Estate to Limited Multiple Family Dwellinq zone. ThE; Planning Commission and staff is recommending approval of a request to amend the General Plan for a project covering approximately 3.58 acres located along the north side of Brimhall Road, east of Jewetta Avenue. The purpose of the proposal is to increase the size of the low-medium density residential and limited multiple-family dwelling zoning to 7.7 acres for future development of the site. 'There was no opposition for this item, no significant environmentai issues were raised by the public or aLny affected public agency at the public hearings held by the Planning Commission. The City Council conducted the first reading of the Ordinance on August 16, 2000, HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page 1 le. Ordinance amendincl the Municipal Code and Zoninq Map chanqinq the zoninq district from One Family Dwellinn to Planned Commercial Development, consistinn of 3.93 acres at the northwest corner of Callowav Drive and Meacham Road. The applicant proposes to develop the site as a restaurant facility with fine dining in the existing dwelling, with two casual dining structures and relaxation areas distributed around the site. Outdoor activities will include weddings, and a deck for dining and socialization adjacent to the existing house. The Planning Commission is recommending approval of the Negative Declaration, General Plan Amendment and zoning change amendrnent and required several changes to the site plan. The applicant conducted neighborhood meetings and redesigned the project to address concerns expressed. The City Council approved General Plan Amendment P00-0253 and gave first reading of the Ordinance on August 16, 2000. Staff is recommending adoption of the ordinance. 1 lf. Ordinance amendinq the Municipal Code and Zoninq Maps by chanqina the zoninq from Planned Commercial Development zone to a revised Planned Commercial Development related to the Bakersfield Heart Hospital. The Bakersfield Heart Hospital is requesting a zone change approving a revised PCD zone for the Bakersfield Heart Hospital campus. The request includes approval of a heftstop, a revision to the medical office building location and configuration, and the revision of the footprint of the hospital wing. The hospital proposes to construct parking and landscaping within the right-of-way of the future Siillect Avenue alignment and the Oak StreetjSillect Avenue intersection. Construction of the OakJSillect street improvements is tentatively scheduled to take place in 7 to 10 years. To provide for the future street improvements for the Oak Street and Sillect Avenue intersection, the applicant has consented to enter into an agreement between the hospital and the City which identifies each party's responsibilities related to the hospital's ability to use the City's right-of-way for temporary parking until such time as the City constructs the Oak Street/Sillect Avenue alignment. This is the second reading of the ordinance. 11 a. Ordinance amendinq Munioipal Code and Zoninq Map from Platqned Unit Development to One Family Dwellinn on 65.44 acres. located south of Campus Park Drive, west of Old River Road. Castle & Cooke California, Inc. is requesting a General Plan Amendment to change the land use designation from High Medium Density Residential to Low Density Residential on 8.62 acres and to change the zoning from Planned Unit Development to One Family Dwelling on 65.44 acres. The project site is located south of Campus Park Drive, west of Old River Road. The Planning Commission held public hearings for this project in June 2000. The project was recommended for approval by both staff and the Planning Commission with additional conditions. Castle & Cooke appealed the conditions regarding second land road improvements and required fencing for the Buena Vista Canal 1:o the City Council. The appeal by the applicant was denied. The requested zone change was proposed in conjunction with GPA/ZC P00-0235, which the City Council adopted on August 16, 2000. This Ordinance reflects the general plan amendment in the zoning ordinance. This is the second reading of the ordinance. 1 lh. Ordinance amendinq the. Municipal Code and Zoninq Maps from Liqht Manufacturina, General Manufactufinq and Heavy Manufacturinq to One Family Dwellinq zone, Limited Multiple Family Dwellinq and General Commercial zone upholdinq the decision of the Planninq Commission and denyinn the appeal by Olive-Landco Associates to the conditions of approval. The application started out as a 504 acre annexation that included zone changes and general plan amendments to change a variety of industrial zones to residential and commercial developments. ']'he entire 504 acres were annexed into the City of Bakersfield on April 24, 2000. The project involves the redevelopment of the abandoned sewerage treatment plant for the North of the River Sanitation District located near the City of Shafter. The project HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -9- was recommended for approval by the Planning Commission. The City Council held the first reading of the Ordinance on August 16, 2000, in conjunction with adoption of a general plan amendment for this property requested by Kyle Carter. Staff recommends adoption of the Ordinance. 11 i. Ordinance repealinn Section 15.64.180 of the Bakersfield Mu~nicipal Code reqardina Unsupervised Fuel Dispensina. The City currently has 40 gas station facilities that utilize card readers. Considering the technological advances in both safety and leak detection monitoring, the Fire Department feels it is appropriate for these stations to be able to operate after hours unsupervised. Adoption of this ordinance would repeal this section of the Municipal Code and permit these facilities to operate like a cardlock facility after hours. Enforcement wouh'l then be in accordance with the existing California Fire Code language. This is the second reading of the ordinance. NEW BUSINESS 12a. Ordinance amendinq Subsection F of Section 3.20.090 of the Bakersfield Municipal Code relatincl to performance bonds. On certain City projects, where the City is using its own forces to do the work, the requirement for performance bonds adds unnecessary expense The bidder will only be delivering materials; thus, the need for performance bonds is mirfimal. This ordinance change exempts the City from the requirement that performance bonds be obtained on such projects. 12b. Ordinance amendine Title 17 of the Bakersfield Municipal Code and multiple zone maps within the metropolitan Bakersfield area by chanc~inq the zoninq for forty-two City parks and twelve North Bakersfield Recreation and Parks District parks from various zone classifications to Open Space zoninq. This request is to bring all parks within the City of Bakersfield into compliance with the appropriate zonincj and to allow for future passive recreational uses/facUities within any of the park sites without the need to process a Conditional Use Permit applicalion. Currently some parks are not correctly zoned and this request is to change the zoning from various zone districts to an ,Open Space (OS) zone on a total of 54 park sites throughout the metropolitan Bakersfield area. Forty-two park sites are City owned and twelve are owned and operated by the North Bakersfield Recreation and Park District (NBR&PD) The request is consistent with the various park site's land use designations as sinown on the Metropofitan Bakersfield 2010 General Plan maps. NBR&PD concurs with the proposed changes and no public opposition has been received to date. 12c. Ordinance amendinq Chapter 5.08 of the Bakersfield Municipal Code relatinq to Alarm Systems. This ordinance minimizes the differences between Police and Fire in regards to the number of false alarms before a citation/fine is imposed. Enforcement action will be taken upon an alarm owners fifth false alarm or third false robbery or third fire alarm within any 12 month period. Representatives from local alarm companies were involved in the process and have not objected to the proposed changes. AT. DWH. a l cc: Department Heads City Clerk's Office News Media File ADMINISTRA'r'IVE IREPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Workshop ITEM: '2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bob Trammell, MIS Director August 22, 200(:) City of Bakersfield GIS Demonstration APPROVED DEPARTMENT HEAD .~, CITY ATTORNEY ~ RECOMMENDATION: BACKGROUND: The City GIS (Geographic Infor:mation Services) Division will give a demonstration of the City GIS system and some of irs new capabilities including arial photography, 3D imaging, and public internet access to our GIS system. August 22, 2000, 8:33AM BObT:P:\DOCUMEN'r~COUNCIL~Admin Report for GIS Workshop,wpd ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Workshop ITEM: 2. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 24, 2000 Median Island I-'nhancement Update APPROVED DEPARTMENT HEAD BACKGROUND: Public Works staff will give a brief update on the tabulation of median islands needing enhancement and the development of a pdoritization list for their improvement. Tdw August 24, 2000, 10:25AM ADIV!INISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Workshop ITEM: 2. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 24, 2000 Code Enforcement and Community Policing (Jack Hardisty and Captain Bud Wahl) APPRO D DE ~_.----- , CITY MANAGER RECOMMENDATION: BACKGROUND: This workshop is to review the code enforcement process and highlight a special team effort organized by the Police Department as part of community policing. (JH:pjt) (admin~aug\7-30-cews) August 24, 2000, 8:06AM ' ADMINISTRA'FIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Closed Session ITEM: ~. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 18, 200,0 DEPARTMENT HEAD CITYATTORNEY CITYMANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Union Pacific Railroad Company, Inc., et aL v. Pacific Bell, etc., et aL and related cross-action; Kern County SLiperior Court Case No. 239429-SPC RECOMMENDATION: BACKGROUND: BJT:laa AU30CA1.CS August 18, 2000, 9:O6am ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2000 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY~7,./ CITY MANAGER~j/ Conference with Legal Counsel -- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: BJT:laa AU30CA2.CS August 22, 2000, 11:41 am ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Presentations ITEM: 5, a o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob PricE; June 20, 2000 PROVED DEPARTMENT HEAD~/"') CITYATTORNEY CITY MANAGER~'j/~ Presentation by Mayor Price of Proclamation to Margie Catson, President of the South San Joaquin Valley Chapter of the National Ovarian Cancer Coalition, proclaimling September, 2000, as "Ovarian Cancer Awareness Month," RECOMMENDATION: BACKGROUND: Juoe 20, 2000 3:48pm ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Appointments ITEM: 7. al. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk //~?PPROVED DEpARTMENTHEAD/~.j~--// August 21, 2000 CITY ATI'ORNEY Seven appointments to the Keep Bakersfield Beautiful Committee RECOMMENDATION: Staff recommends Council determination. BACKGROUND: As part of the 1998-99 budget, City Council approved a beautification program to be certified by the national Keep America Beautiful, Inc. Part of the certification process includes the formation of a Keep Bakersfield Beautiful Committee (KBBC). The Council approved the ordinance relating to the creatiion of a Keep Bakersfield Beautiful Committee on June 28, 2000. ~Feam 2 of the Bakersfield Leadership Class of 2000 hadan active role in formulating and presenting the ordinance to City Council. Undertheordinance, the City Council appointed the City Manger or his designee, as the Committee Coordinator of the KBBC. The committee will be comprised of seven Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or her nominating Councilmember, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. Twenty- three applications were received from individuals interested i~n appointment to the KBBC of which 19 were valid. Two applicants w~;re not residents of the City and two could not be contacted from the information provided on the application for verification. Copies of the applications ~are provided for your information in addition to a sumrnary listing of applicants. S:\BdS&Comm\KBBC\KBBCAdminB00.wpd August 22, 2000, 9:25AM ADMINISTRATIVE REPORT MEETING DATE: August 30,2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A, McCarthy, City Clerk August 18, 2000 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY N/A c, MA.AGE. r/M Minutes of the regular Council meeting of August 16, 2000. RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS~AUG3000.wpd August 18, 2000, 2:29pm ' -' ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klirnko, Finance Director August 18, 2000 APPROVED DEPARTMENT HE/AD~,~ Approval of dejDartment payments from August 8, 2000 to August 18, 2000 in the amount of $5,349,499.15 and Self insurance payments from August 8, 2000 to August 18, 2000 in the amount of $204,572.79. RECOMMENDATION: Staff recommends approval of payments totaling $5,554,071.94. BACKGROUND: s:\acctpay\adminf~l ,wpd nks ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. c. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 15, 2000 DEPARTMENT HEAD APc~D SUBJECT: Resolution of Intention No. 1222 Declaring the City's Intention to Order the Vacation of Camino Grande Drive to prohibit public access along the north side of the Cogeneration Plant. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Bear Mountain Cogeneration Plant is now accessed from Alfred Harrell Highway to the west and from Paladino Drive to the south. The County is planning to close the portion of Camino Grande Drive that extends through the old landfill property. The County plans to limit access to County vehicles, emergency services and vehicles necessary for operation of the Cogeneration PBant. The Cogeneration Plant has applied for the vacation so a gate can be placed at the east end of Camino Grande Drive prohibiting public access along the north side of the Cogeneration Plant. The Cogeneration Plant is working with the County on a plan that includes installation of an electric gate system for access control. Representatives of the Cogeneration Plant and City staff have met to discuss the proposed wlcation and any options. The group agreed that the closure with a gate at the east end of Camino Grande Drive would be workable with reserved access for emergency services, municipal services and plant operation. City staff also notes that an easement must be retained for Bike Path purposes along the full length of the proposed vacation. The City Public Works, Fire, Police, Development Services, and Economic Development Departments have been notified and none have posted any objection, The City Fire Marshal notes that because of grassland fires that occur in the area, Fire Service must be retained along Camino Grande Drive between Alfred Harrell Highway and the Paladino area. The Fire Marshal is presently making further contact with both the County and the Cogeneration Plant to determine if electric gates will be acc;eptable. The utility companies serving the area have been notified by mail and Pacific Gas & Electric: and California Water Service Company have both indicated their existing facilities rnust be protected with reservation of an easement. Preliminary Notice has been mailed to all land owners with a 300' radius, One owner has expressed concern August 22, 2000, 12:34pm G:\GROUPDAT~ADMINRPT~2000%August 30Yes of int 1222 - admin ADMINISTRATIVE REPORT Page with the limited access being proposed. Jed Magee, owner of adjacent land to the east, is also with Jaco Oil Company who operates well sites in the landfill area. Mr. Magee said that Jaco would like to retain access rights through Camino Grande [:)rive and he will contact both the County and Cogeneration Plant. The proposed closure was heard by the Planning Commission at its meeting of August 3,, 2000, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date September 27, 2000, far Public Hearing on the proposed vacation. dRS AugUSt 22, 2000, 12:34pm G:\GROUpDAT~ADMiNRPTt2.000%August 30Ves of int 1222 - admin ADMINISTRATaVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. d. TO: FROM: DATE: Honorable Mayor and City Council Raut M. Rojas, Public Works Director August 16, 2000 APPROVED DEPARTMENT HEAD SUBJECT: Resolution ordering the summary abandonment of the .west 130 feet for a lot line adjustment within Tract No. 5,898 (Ward 6) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The owners of ]Lots 2, 3, and 4 of Tract No. 5698 have agreed to adjustment of the lot lines of said lots thereby enlarging said Lot 4 and diminishing said Lots 2 and 3 as shown on proposed Lot Line Adjustment No. P00-0159. The existing Public Utility Easement, along the south side line of said Lot 3, will extend through the interior of said Lot 4 when the Lot Lines are adjusted. The owner of Lot 4 plans to build a home that will encroach upon the existing P.U.E. and therefore hs~s requested abandonment. All of the utility companies servin.cI the area have been notified of the proposed closing and non have objected to abandonment of the west 130 feet of said easement. Pacific Gas & Electric Co. notes that a blank 4" conduit was installed in the easement at the time of development to potentially serve lots to the west. The adjacent lots to the west (Tract No. 5907-B) were subsequently served by their own independent source making the P.U.E. in said Lot 3 obsolete. PG&E notes that any proposed construction over the vacated P.U.E. must be made aware of the existing blank conduit. The City Public Works, Fire, Development Services and Economic Development Departments have been notified and none have posted any objection to the proposed abandonment. Public Works requests that the abandonment be processed "summarily" pursuant to State Streets and Highways Code Section 8333(b). All property owners within a 300 foot radius of the proposed abandonment area have been mailed preliminary notice and no objections have been received as of the date of this report. Public Works staff recommends adoption of the abandonment and also requests that the easement be summarily abandoned pursuant to Streets and Highways Code Section 8333(c) in that the easement has been superseded by relocation and no other public facilities are located within the easement. The City Planning Commission at its meeting of August 3, 2000, heard the prpposal and found the abandonment to be consistent wiith the Metropolitan Bakersfield 2010 General Pls.-.., dns Augus~ 22, 2000, ~2:38pm G:\GROUPDATV~DMINRPT~2000~AUguSt 30Ves of abandonment TR5698 ADMINISTRATIIVE REPORT MEETING DATE: August 30, 2000 ! AGENDA SECTION: Consent Calendar FFEM: 8. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 16, 2000 APPROVED DEPARTMENT HEAD - C Resolution Ordering the Summary Abandonment of the Reserved Public Utility Easement in the vacated alley 1For the Downtown Extension Complex at 20~h and K Streets. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUN D: The 33 foot alley in said Block 207 was vacated in July, 1997. An easement for public utility purposes was retained over the entire vacated alley area for existing facilities. California State University Merced has since acquired a majority of Block 207 for their Downtown Extension Complex. Their new construction will encroach on the east half of said reserved P.U.E. and also the south 6.5' of the west half. The applicant has completed arrangements with all utility companies serving the area to relocate and/or remove any utilities within these areas. The utility companies serving the area have been mailed Notice of the Abandonment and none have posted any objection. The City Fire, Police, Public Works, Development Services and Economic Services Departments have been notified and none have objected 1:o the proposed abandonment. Property owners within a 300 foot radius of the proposed abandonment have been mailed Preliminary Notices and none have posted any objections as of the date of this staff report. Public Works staff recommends adoption of the abandonment and also requests that the easement be summarily abandoned pursuant 1:o Streets and Highways Code Section 8333(c) in that the easement has been superseded by relocation and no other public facilities are located within the easements. The City Planning Commission at its meeting of August 3, 2000, heard the proposal and found the abandonment to be consistent with the Metropolitan Bakersfield 2010 General Plan. August 22, 2000, 12:32prn G:\GROUpDAT~DMINRPT~2000~AUgUSt 30~res summary abandonment - admin ADMINISTRATIVE REPORT MEETING DATE: August ~30, 2000 AGENDA ,"SECTION: Consent Calendar ITEM: 8. f. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: AUgUSt 11, 2000 CITY ATTORNEY SUBJECT: Resolution adding territory, Area 3-12 (Akers, McKee SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 5944 to form a maintenance district or to be included into an existing maintenance district as required by Section 13.04.021 of the Municipal Code. This district will provide for the maintenance of a public park and public street landscaping. Staff recommends the addition of territory, Area 3~12 (Akers, McKee SW) to the Consolidated Maintenance District. Area 3-12 is generally bounded by McKee Road on the north, Akers Road on the east, a line 1/4 mile south of McKee Road on the south and a line 3/8 mile west of Akers Road on the west. This area will be under the park and street/median zones of benefit and when a park has been constructed and street landscaping has been installed, assessed an amount for park "tier 1" and street "tier The addition of this territory to the Consolidated Mai!ntenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described in Tentative Tract No. 5944 which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code as well as all Proposition 218 rights. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with Tract 5944 and all future subdivision maps in this area. A copy of this covenant is attached for reference. Lvd August 23. 2000, 1:38PM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 11, 2000 DEPARTMENT HEAD APPROVED CITY ATTORNE-'Y CITY MANAGER ~/~ Resolution adding territory, Area 2-23 (Wheelan Court) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ¢Nard 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 5996 to form a maintenance district or to be included into an existing maintenance district as required by Section 13.04.021 of the Munk;ipal Code. This district will provide for the maintenance of median and public street landscaping. Staff recommends the addition of territory, Area 2-23 (Wheelan Court) to the Consolidated Maintenance District. Area 2-?3 is generally bounded by Ardmore Avenue on the north, Akers Road on the east, the alley north of Parker Avenue on the south and a line 630 feet west of Akers Road on the west. This area will be under the street/median zone of benefit and when street/median landscaping has been installed, assessed an amount for street "tier 1". The addition of this territory to the Consolidated Maintenance District is not prohibited by F>roposition 218. The City of Bakersfield has received a Fetter from the owner of the property described in Tentative Tract No. 5996 which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code as well as all Proposition 218 rights. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with Tract 5996 and all future subdivision maps in this area. A copy of this covenant is attached for reference. Lvd August 11, 2000, 9:39AM S:\PROJECTS\MAiNDIST~ADMINRPT~md2-23re.wpd ADMINISTRATIVE REPORT MEETING DATE: August30,2000 AGENDA SECTION: ITI-'M: 8. h. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and' City Council APPROVED Raul Rojas, Public Works Director DEPARTMENT HEAD Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transpontation Development Act funds for Fiscal Year 2000-01. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of Governments (Kern Cog). The City currently receives TDA Article 3 Pedestrian Bikeway Funds. However, the City typically does not receive any TDA Article 8 Street and Road funds. These funds have been used by Kern Cog to address transit problems. Golden Empire Transit and other service-oriented organizations have been receiving these local transit funds to provide for the transportation needs within the City of Bakersfield. Effective in the 2000/01 fiscal year, the City of Bakersfield will receive approximately $105,000 of Public Transit Funds for the Bakersfield Amtrak Station. The filing of this application is a formality and is done in case additional TDA Article 8 funds become available in the future for street and road projects. August 17, 2000 G:IGROUPDAT~ADMI NRPT~.000~TDF2000-Ol ,wpd ADMINIS'FRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 21, 2000 APPROVED CITY MANAGER ( A resolution determining that a mobile stage unit for the Recreation and Parks Department cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed ($117,972.19). RECOMMENDATION: Staff recommends adoption of :Resolution. BACKGROUND: The Fleet Services Division of the Public Works Department has worked with the Recreation and Parks Department to research the purchase of a self-contained portabIe stage unit. Ofthe two manufacturers of quality units in the United States, only one, Century industries, offers; a unit that meets the requirements of the Recreation and Parks Department for size and quality (the 32-Foot Showmaster model). Staff recommends that this unit be obtained via sole-source purchasing, August 22, 2000, 4:07pro ADMINISTRATIVE: REPORT MEETING DATE: August 30, 2000 AGENDA SECTlOIN: ITEM: 8. j, Consent Caienda~r TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 17, 2000 DEPARTMENT HEADAP~V'ED CITY ATTORNE~ CITY MANAGER ~ Bakersfield Municipal Airport: (Ward 1) 1. Resogution of the Council of the City of Bakersfield aLpproving the application for Grant Funds for the 2000 Aeronautics Program adopted by the California Transportation Commission for slurry seal improvements at the Bakersfield Municipal ,adrport. 2. Accept and appropriate $85,000 State Grant funds and appropriate $10,000 fund balance to the Capital Improvement Budget within the General Aviation Fund. RECOMMENDATION: Staff recommends approval of the resolution, acceptance of grant funds and approval of appropriations. BACKGROUND: Staff submitted a 2000-01 funding request to the Department of Transportation, Aeronautics Program, for slurry seal improvements at the Bakersfield Municipal Airport. This request was approved and adopted by the California Transportation Commission (CTC) on March 30, 2000. This $85,000 state grant requires a local match of approximately $10,000. This Administrative Report fulfills the program requirement of submitting a resolution certifying the approval of application for grant funds by the applicant's governing body. This Administrative Report also appropriates the State grant funds and local match for the slurry seal project. These grant funds are subject to reimbursement to the State of California if the airport is closed to Ihe public for more than one year. The amount to be repaid is the original amount reduced at a rate of 5% per year. For example, airport closure after the 10th '.year would require repayment of 50% of the grant funds. ADMIINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SI-'CTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAID August 18, 2000 CITY ATTORNEY Transportation ]Impact Fee Agreement with Castle & Cooke California, Inc. for construction of additional travel lanes on Buena Vista Road and Ming Avenue. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Agreement. BACKGROUND: The agreement will allow Castle & Cooke California, Inc. to construct required improvements which are in the, local and regional Transportation Impact Fee program in-lieu of paying their proportionate share of the required Traffic Improvement Fees. This agreement is for the construction of one south bound lane on Buena Vista Road between the IKern River Canal Crossing to White Lane and one east and one west bound lane on Ming Avenue from Buena Vista Road to Allen Road. G:\GROUpDAT~ADMINRPI~2.000%AuguSt 30\tifagrrntc&c.wpd August 18, 2000, 1:29pm ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8,1. TO: Honorable Mayor and City Council APPROVED FROM: DATE: Raul M. Rojas, Public Works Director August 17, 200,0 DEPARTMENT HEAD CITY ATTORNEY j~-~z-----~ CITY MANAGER SUBJECT: Seismic retrofit design of six City bridges: (Wards 2 & 3) 1. Amend~ment No. 2 to Agreement No. 97-346 with W. Koo & Associates, Inc. ($12,297.00). 2. Appropriate $12,000 Surface 'Transportation Program Funds and $3,000 State Seismic Funds to the Capital Improvement Budget within the Surface Transportation Fund and Gas Tax Fund, respectively. RECOMMENDATION: Staff recommends approval of amendment and appropriations. BACKGROUND: Under Agreement 97-346, W. Koo & Associates, Inc. (WKA) provides the City with design consultant services for the seismic retrofit of six City' bridges included in a mandatory State seismic retrofit program. The California Department of Transportation (Caltrans) is responsible for implementing the program which uses federal aid matched with State funds to reimburse the City for all costs incurred to retrofit the six bridges. Staff selected WKA in accordance with Caltrans' qualifications-based consultant selection procedures for federal-aid projects. One of the six City bridges included in the retrofit program is the southbound North Chester Avenue bridge at the Kern River. With Caltrans' concurrence, the City opted to replace the North Chester Avenue bridge in lieu of seismic retrofit since the replacement and retrofit costs were comparable and the bridge replacement would be fully funded under the retrofit program. The North Chester Avenue bridge must undergo a Historic Architectural Survey since the retrofit program involves federal funds and the bridge is more than 50 years old. The purpose of the survey is to determine the historical significance of the bridge and, if necessary, identify appropriate mitigation measures for the planned demolition and replacement of the bridge. The compensation amount in Amendment No. 2 is $753,034, an increase o~$12,29'7 for a Historic Architectural Survey of the southbound North Chester Avenue bridge at the Kern Pjver. The appropriations are necessary to cover the contract amount increase plus staff tiime and any miscellaneous direct costs. These funds are 100 percent reimbursable under the seismic relrofit program. The Federal share is 80 percent and the State share is 20 percent. August 17, 2000, 9:41AM G:\eng\SHARED\PROJECTS~ARNOLD\RETROFIT.BRG\NCheSter\admin_rpi: amend2.wpd OADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .m., TO: FROM: DATE: SUBJECT: Honorable Mayor' and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD April 26, 1999 Contract No. 99-49, "Q" St. Underpass, ChesterAve. Underpass Widening and Related Track work At the Burlington Northern and Santa Fe Railway Tracks, Contract Change Order for the installation of insulated joints on railroad tracks, seismic protection for the Chester Avenue Underpass Railroad Bridge, payment of an early completion incentive at a cost increase of $161,002.00. (Ward 2) RECOMMENDATION: Staff recommends the contract change order be approved. BACKGROUND: Contract Change Order No. 8 authorizes the following work. The tracks for the Amtrak station were constructed in accordance with the plans which were approved by BNSF. However, at the eleventh hour, BNSF informed us that insulated joints needed to be installed on the newly constructed Amtrak railroad tracks in order to provide proper signaling and safety for all Amtrak trains. The contractor has agreed to install sixteen insulated joints in the railroad tracks serving the new Amtrak Station at a cost of $34,131.54. The widening of the railroad bridge at the ChesterAvenue Underpass was designed using the original railroad bridge plans as a guide!. Unfortunately, the new State of California seismic requirements were not included in this ,design. This was discovered during the construction of the bridge widening. The contractor has agreed to Install the necessary seismic protection on the widened portion of the Chester Avenue Underpass Railroad Bridge at a cost of $26,870.46. Contract Change Order No. 8 also authorizes payment of $t00,000.00 to Griffith Company for meeting the early substantial completion date! of June 30, 2000. T:his early completion date was established in order to insure that the Q Street Underpass would be open at the same time as the opening~of the Amtrak Station. Funds for this change order are available in this contract. August 22, 2000.12:29pm G:\GROUPDAT%Q St Underpass%admin%.99--49ccoBadmin.wpd ?' ADIVIINISTRATIVE REPORT MEETING DATE: August 30, 2000 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klirnko, Finance Director August 17, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. n o APPROVED DEPARTMENT HEAD/~_~,/~' CITY MANAGER'~/~ SUBJECT: Accept bid to award annual contract to Granite Construction, not to exceed $1,318,710.00, 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 wtrious work sites by City forces. Two (2) bids were received August 11, 2000, as follows: Granite Construction Company 18850 James Road Bakersfield, CA 93308 Vulcan Materials Company CalMat Division 8517 Panama Lane Bakersfield, CA 93311 (County) in the amount of $1,318,710.00 (County) in the amount of $1,405,097.00 P:~ADMIN~2000ADMIN\C000830A,wpd GJK: DW: Ijm August 18, 2000, 10:28am J" -ADMIINISTRATIVE REPORT MEETING DATE: August 30, 2000 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 18, 2000 APPROVED CITY MANAGEIF{ ~ SUBJECT: Extend bid award to Central Valley Truck Center to add $111,710.53 for one (1) additional refuse truck for Public Works Department. RECOMMENDATION: Staff recommends extension of bid award. BACKGROUND: On June 14, 2000, the City Council awarded a bid for one replacement roll-off refuse truck to Central Valley Truck Center. The bid specifications provided for additional units to be purchased at the same per unit cost for a reasonable time with the written approval of both the successful bidder and the City. The FY 2000-2001 budget includes one additional roll-off refuse truck for the green waste facility on Mr. Vernon. An additional 15,000 tons per year generated by the County green waste pickup program has created an urgent situation for the acquisition of the additional equipment. Staff requests Council approve the purchase of the additional unit, using the bid received in May, 2000. P:~ADMIN~000ADMIN\C000830B.wpd GJK:DW:Ijm August 21, 2000, 4:30pm j ADMIINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8, p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 16, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEY~,Z~ CITY MANAGER Reject bid for traffic signal interconnect installation at various locations in the City of Bakersfield (Wards 1,2,4,5,6,&7) RECOMMENDATION: Staff recommends the rejection of bids, reevaluate and re-advertise the project. BACKGROUND: Thispr~je~tinc~udesinstal~ati~n~ftrafficsigna~interc~nnect~nCa~if~rniaAvenuefr~m Stockdale Hwy to Mohawk Street, Ming Avenue from Haggin Oaks Blvd. to Gosford Road, White Lane from Highway 99 to South H Street, Truxtun Avenue from Mohawk Street to Empire Drive, Gosford Road from White Lane to Kroll Way, and H Street from Brundage Lane to Truxtun Avenue as part of the city master signal communication plan. The one bid received is significantly higher than the Engineer's estimate of $458,813.25. The project will be reevaluated and re-advertised. One bid was received on August 16, 2000 as foglows: P & G Communications, Inc. 1220 N. Century Street P.O. Box 2545 Visalia, CA 93279 in the amount of $868,335,.55.00 August 17, 2000, 8:44AM ADMINISTRATIVE MEETING DATE: August 30, 2000 REPORT AGENDA SECTION: Consent Calendar ITEM: 8. q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director August 10,20[)0 DEPARTMENTHEAD CITYATTORNEY CITY MANAGER Dedication Of Property: (1) Quitclaim Deed from the City Of Bakersfield to The Links At Riverlakes Ranch, LLC for a Public Utility Easement and Sewer Easement tocated west of Riverlakes Drive and north of Hageman Road. (Ward 4) RECOMMENDATION: Staff recommends granting of the Quitclaim BACKGROUND: This Quitclaim grants back to The Links At F~,iverlakes Ranch, LLC the Cities right, title and inb. rest in a public utitity easement and sewer easement within the Links Golf Course that was recorded in error by American Title Company. The City is in possession of a revised public; utility easement and an access easement which will be recorded to correct the error. Augus~ 16, 2000, 11:58arn G:\GROUPDAT%ADMINRPT%2000%August 30\dI=DICATfON OF PROPERTY.wpd TD ADMIINISTRATIVE MEETING DATE: August 30, 2000 REPORT AGENDA SECTION: Consent Calendar ITEM: 8. r, TO: FROM: DATE: Honorable Mayor and City Councii Raul M. Rojas, Public Works Director August 18, 2000 APPROVED DEPARTMENT HEAD SUBJECT: Update of Capital Improvement Plan and Fee Schedule for Transportation Impact Fee (All Wards) RECOMMENDATION: Staff recommends referral to Urban Development Committee. BACKGROUND: Bakersfield Municipal Code Section 15.84.040 E. and Section 15.84.070 C. requires the Capital Improvement Plan and Fee Schedule for the Transportation Impact Fee to be updated and adopted by the City Council each Fiscal Year. It further states that unless of a finding of unusual circumstances by the City Council, the fee could not be increased more than the Construction Cost Index prior to July, 1999. It has been nearly four years since a comprehensive review of the plan and fee schedule has been conducted. Staff believes that such a review is now appropriate, and recommends referring this item to the Urban Development Committee. August 18, 2000, 9:19AM G:~GROUpDA'DADMINRP'F~2000~AuguSt 30\TDFreveiw_TedW,wpd TD ADIVIINISTRA'FIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. s, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager August 18, 2000 APPROVED DEPARTMENT HEAD ~ CITYATTORNEY CITYMANAGER Approval of Community Development Block Grant (CDBG) Amendment No. 1 (FY 00/01), Amendment No. 5 (FY 99/00), Amenclment No. 7 (FY 98/99), Amendment No. 8 (FY 97/98), Amendment No. 15 (FY 96/97), and Amendment No. 12 (FY 95/96). All Wards RECOMMENDA~'ION: Staff recommends approval. BACKGROUND: During the City's budget process, staff identified project savings from prior year activities totaling $251,066 which are now available for eligible CDBG actMties. In order to cornply with HUD regulations, any significant changes or additions to the approved CDBG projects must undergo an amendment process which includes obtaining citizen views and comments on the proposed changes. During the preparation of the FY 2000/2001 budget submission, $145,000 of project savings were earmarked for the continued operation of the City's graffiti removal program. The approved City budget already reflects the programming of $145,000 of project savings however, this action is needed in order to comply with HUD amendment guidefines. Available program savings for reprogramming is $1'06,066. At the April 19, 2000, Budget and Finance Committee meeting, several projects originaUy submitted but not approved in FY 2000/01 CDBG funding plan were discussed for re-consideration for the project savings available as part of the amendments. Lastly, an economic development study for the Southeast Bakersfield Redevelopment Project Area has been proposed for CDBG funding. If this project is approved staff would recommend that the funding of the Economic Study be funded from the FY 2000/01 CDBG -. program funds since the study would be charge. El as an administrative cost to the program. Consequently, this charge would impact the City's 20%. CDBG administrative capforthecurrentfiscalyear. Morespecificallystaffwouldproposethat$25,000frorntheBusiness Loan Program be moved to cover the cost of the study. Below is a summary of those projects recommended for funding from this amendment: DIk:S:~Admins\cdbg amendment 83000,wpd August 18, 2000, 11:16AM ADMINISTRATIVE REPORT Page Graffiti Removal Program in eligible areas. City-wide The Garden Childcare and Youth Center rehabilitation prciect. Ward 2 Valley Achievement Center Acquisition Assistance. Ward 5 $15,000 Bakersfield (Bethany) Homeless Center Rehabilitation Project. $25,000 Ward 2 Bernard Street Lighting Upgrade Project. Ward 2 $8,000 Economic Development Study for the Southeast Bakersfield $25,000 Redevelopment Project Area. Ward 1 $145,000 $58,000 A public notice was published on July 21,2000 initiating the amendment public review and comment period. To date no comm~;nts have been receiived. Deadline for public comments is August 20, 2000. Dlk:S:~Admins\cdbg amendment 83000,wpd August 18, 2000, 11:16AM °? : ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Consent ITEM: 8 .. c. TO: FROM: DATE: SUBJECT: Honorable Meyor and City Council Alan Christensen, Assistant City Manager August 17, 2000 APPROVED DEPARTMENT HEAD ~ CITY MANAGER ~ Transfer $30,000 from Council Contingency to the Non-Departmental Operating Budget for a contribution to the Bakersfield Museum of Art for construction of the sculpture garden project. 0Nard 2) RECOMMENDATION: Approve transfer and contribution. BACKGROUND: On May 23, 2000 the City of Bakersfield received a request from the Bakersfield Museum of Art to provide maintenance services to the grounds surrounding the Bakersfield Museum of Art. If it was not feasible for the City to provide ground maintenance with City staff, the museum requested fi~nding support in the amount of $750 per rrlonth for the next five years to cover the costs of their current gardening service. In the past, the City leased the facility to the museum at a nominal cost and as the City owned the facility, provided maintenance services. Recently, when deeding the property to the museum, the land was discounted and sold to the museum for a modest amount and as part of that agreement, the City phased out the maintenance services;. The City staff estirnated it would cost approximately $4,000 annually to provide basic ground maintenance services. The City Council has a policy of not funding operational expenses for non-profits and as su~ch the Budget and Finance Committee was concerned that funding this request would set a precedent. At the July 17, 2000 Budget and Finance Committee meeting the committee discussed a preference to consider some type of capital project funding as an alternative. City staff was directed to meet with a museum representative to identify a project that the City could support, which would free up museum funds to pay for ground maintenance. Staff= met with a museum representative and the sculpture garden project was identified as a capital project that could be constructed for $25,000 to $30,000. The City would also be recognized with its name on the sculpture garden. ,~ The Budget and Finance Committee is recommending a one-time contribution of $30,000 for the sculpture garden utilizing funds available from Council Contingency. August 23. 2000, 10:11AM S:~Admin Rpts~2000\Bk~dmuseumcontrib 08300o.wpd ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA ,c;ECTION: Consent Calendar ITEM: 8. u, TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~ DATE: August 22, 2000 CITY ATTORNEY ~ CITY MANAGER SUBJECT: City Positions on League of California Cities Resolutions RECOMMENDATION: Committee recommends acceptance of recommendations. BACKGROUND: The Legislative and Litigation Committee will meet on August 24 to review the proposed League of California Cities annual resolutions. The resolutions. when approved by the General Assembly at the Annual Conference, provide! important policy guidance for the League during the ensuing year. in its meeting, the Legislatiw; and Litigation Committee will review input from elected officials and City staff in considering whether or not to support, oppose or remain neutral on each issue. The Legislative and Litigation Committee will take a position on each of the proposed resolutions. The Committee recommends that Council accept its rscommendations and direct the City's Delegate to vote accordingly during the League's General Assembly meeting at the Annual Conference. (P:\L&L~ADM00-08-30-1) August 22, 2000, 10:51AM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director' August 22, 2000 Transient Outdoor Business Permit,,; APPROVED DEPARTMENT HEAD CITYATTORNEY CITY MANAGER(~/~ RECOMMENDATION: Staff recommends referral to Budget and Finance Committee, BACKGROUND: Mr. Bruce Dolgin's seasonal business (Sno-Shack) is subject to the zoning requirements of the Transient Outdoor Business Ordinance. He has requested a change in the permitted zoning for seasonal permits from C-2 to C-1, via the attached letter. Currently, transient outdoor businesses are permitted in a C-2 zone or in a less restrictive zone, with exceptions. These exceptions include property owned and occupied by a church and/or a school, and the transient business is located no less than 300 feet from the property line of any residence. The C-2 zone allows commercial businesses,, such as shopping centers; C-1 is a neighborhood commercial zone, which is typically smaller in scale and limits uses, because of the proximity to residences. Examples of limited usage in a C-1 zone are no outside displays and no outside sales (sales outside a commercial building). Zoning restrictions can be modified by a Conditional Use Permit (CUP). The CUP procedure allows the City to approve a type of business normally not allowed in the designaled zoning. However, the fee per location is $1,342.00, mainly because of the expense in noticing the neighborhood and the public hearing. The CUP hearing allows for neighborhood input. Conditions can be added to ensure tl~e business is compatible with the neighborhood. As background information, until about a year ago, all transient outdoor business permits were issued for a 90 day maximum term. At the request of Mr. Dolgin, the ordinance was amende~ t,,.?add a '180 day permit for seasonal food sales, such as shaved ice. The first reading amendment for i.h~ change in permit terms reflected C-1 as a permitted zone, in error. The error was corrected for second reading, but it has been the S:\COUNCIL~Admins\TransienetOutdoorSusPermits August 23, 2000 ADMINISTRATIVE REPORT Page 2 source of some confusion to Mr. Dolgin, as to the zoning requirements of the ordinance. In no instance did the ordinance allow a transient business in a C-1 zone. Mr. Dolgin was given temporary/CUPs (limited to 180 days) by the Board of Zoning Adjustment for two sites in the City (6001 Coffee Road and 3225 Panama Lane), because of the confusion from the last ordinance amendment. These permits were initiated by the City, with no cost to Mr. Dolgin, because he relied on the first reading version to secure leases on those two sites. This CUP allowed him to operate at these locations, for this year only. Under the existing ordinance!, Mr. Dolgin can permanently establish these sites by reapplying for CUPs, at his expense, or the Council may give consideration to amending the ordinance. S:\COUNCILV~drnins\TransienetOutdoorBusPermits August 23, 2000 ? ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Hearings ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building August 14, 2000 CITY MANAGIER ~/~ A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessment of 825 Brundage Lane in the City of Bakersfield for which a dangerous building has besn demolished. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject property listed below was determined by the Building iDirector to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owner was notified an¢ failed to comply with the Notice of Summary Abatement. The subject property is listed as follows: PROPERTY LOCATIION APN COST Ward 1/Councilmember Carson 1. 825 Brundage Lane 011~050-16 $ 4,335.00 The owner of the above-mentioned property 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 Municipal Code, the public nuisance listed above was demolished 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. The property owner has 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 1For work performed to demolish the subject structure 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. '~ AU30BL2.HRG August 14, 2000, 2:33PM I ADI IINISTRA'i'IVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Hearings ITEM: 9 - b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building August 14, 2000 P OVED DE . = - 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 Cit~ of Bakersfield for which structures have been secured against entry or for the abatement of csrtain weeds, debris and waste matter. (Wards 1, 2 and 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public; nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were! notified and failed to comply with the notices to abate such public nuisance. After a 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 are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 3002 Anderson Street 170-200-24 $ 320.00 2. 1004 Bradshaw Street 170-131-18 $ 580,00 3. 218 S. Brown Street 019-191-05 $ 290.00 4. 339 S. Brown Street 019-183-07 $ 305.00 5. 812 S. Brown Street 019-142-06 $ 295.00 6. 338 Clifton Strset 018-370-02 $ 245.00 7. 1013 Collins Way 019-030-07 $ 285.00 8. 2415 Cottonwood Road 170-280-01 $ 1,220.00 9. 3400 Elda Avenue 172-122-27 $ 295.00 10. 306 S. Haley Street 019-181-10 $ 495.00 11. 330 S. Haley Street 019-181-04 :$ 290.00 12. 334 S. Haley Street 019-181-03 $ 290.00 13. 415 S. Haley Street 019-072-10 $ 270.00 14. 417 S. Haley Street 019-072-12 $ 270.00 August 14, 2000, 2:34PM ADMINISTRATIVE REPORT Page pROpERTYLOCATION APN COST 15. 426 S. Haley :Street 16. 505 S. Haley :Street 17. 608 S. Haley Street 18. 3316 Meeks Avenue 19. 722 N Street 20, Behind 1003 N Street 21. 306 Ohio Drive 22. 309 Ohio Driw~= 23. 311 Ohio Ddw~ 24. 1602 E. Planz Road 25. 1606 E. Ranz Road 26. 1612 E. Planz Road 27, 1303 Potomac'. Avenue 28, 1321 Potomac: Avenue 29, 1323 Potomac: Avenue 30. 3413 Shellmacher Avenue 31. 3419 Shellmac;her Avenue 32. 3421 ShellmacherAvenue 33, 903 Watts Drive 34, 707 S. Williams Street 35. 1918 Wingstone Drive 36. 1117 11 th Street 019-071-01 $ 290.00 019-1~02-10 $ 290.00 019-101-02 $ 270.00 172-124-29 $ 310.00 009-350-07 $ 537.00 009-102-13 $ 290.00 169-070-22 $ 425.00 169-070-05 $ 445.00 169-070-06 $ 445.00 170-200-23 $ 320.00 170-200-22 $ 320.00 170-200-19 $ 320.00 018-091-36 $ 290.00 018-091-05 $ 390.00 018-091-42 $ 390.00 172-122-12 $ 370.00 172-122-14 $ 290.00 172-122-15 $ 290.00 170-142-04 $ 625.00 019-122-05 $ 295.00 170-111-25 $ 570.00 009-102-07 $ 290.00 Ward 2/Councilmember DeMond 37. 707 E. California Avenue 38. 1108 Kentucky Street 39. 601 Monterey Street 40. 1019 Pacific Street 139-021-10 $ 820.00 015-390-14 $ 295.00 014-140-01 $ 325.00 015-080-05 $ 625.00 Ward 7/Councilmember Sa va~.cl o 41. 1609 Mike Lynn Court 412-192-12 $ 595.00 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 Municipal 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 incurredl by the City for work performed to remove the public nuisance and order that such costs be made a ien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or cprrect the assessment as the Council deems just. AU30BL~.HRG Augus~ 14, 2000, 2:34PM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Hearings ITEM: 9 - c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director August 17, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNFY CITY MANAGER ~ A Public Hearling to notice the extension of the moratorium against issuance of permits for vendors conducting sales from portable concession stands in City parks pursuant to 12.56.240 (B) and (C). RECOMMENDATION: Staff recommends extension of the moratori'um. BACKGROUND: At the July 19, 2000 City Council Meeting, City Council adopted a Resolution establishing a moratorium on the issuance of permits for vendors conducting sales from portable concession stands in City parks pursuant to 12.56,240 (B) and (C). The 45 day moratorium expires on September 2, 2000. As background, Section 12.56.240 of the Bakersfield Municipal Code governs sales in City parks by non-profit organizations, contracts with independent contractors at permanent concession stands and permits for vendors conducting sales from portable concession stands. Recently, Recreation and Parks demolished all permanent City park concession stands and terminated all affiliated contracts. As such, there is no need for an ordinance to govern City permanent park concession stands. In addition, Recreation and Parks is interested in sending out Requests for Proposals (RFPs) to govern portable concession stands within all City parks. This approach will present a uniform and consistent way of dealing with concessions in City parks, address health and safety concerns, and eliminate any ambiguity and unfairness involved in the current structure of the "first come first serve" process. In order to allow time for Staff and Counci!l to discuss how best to proceed and consider appropriate ordinance revisions, a moratorium was placed into effect. The moratoriurn did not impact current permittees; rather, it applied only to new permit applications under 12.56.240 (B) and (C). The matter of vending within the parks was referred to the Legislation and Litigation Committee and was placed on their agenda of August 24, 2000. According to the City Attorney's Office, initial moratoriums last for 45 days but can be extended 10 months and 15 days after a public hearing. Given the complicated nature of this t~ic, and the time needed to send out and respond to RFPs, Staff recommends that the moratorium on tha;, issuance of permits for vendors conducting sales from portable concession stands in City parks pursuant to 12.56.240 (B) and (C) be extended. VG:a~ S:~dmins\12.56,240Moratorium.wpd August17,2000 AU30RCPK.HRG ' ADMINISTRATIVE REPORT MEETING DATI=': August 30, 2000 AGENDA SECTION: Hearings ITEM: 9. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED RauI Rojas, Pubtic Works Director DEPARTMENT HEAD June 14. 2000 A TTORNE Resolution in support of amendment to the Kern Countywide Siting Element of the Countywide Integrated Waste Management Plan. RECOMMENDATION: Staff recommends adoption of the Resolution, BACKGROUND: Kern County is preparing to amend the Countywide Integrated Waste Management Plan, to include ctosure of the China Grade Landfill in the Siting Element. The China Grade Landfill is owned by the Kern County Waste Management Department and located inside the City of Bakersfieh:l. The City has the opportunity to participate in the amendment process as outlined in PRC Section 41721.5 (c). Because these proposed changes present no adverse impact within the City's jurisdiction, it is appropriate to pass Resolution in support of the Siting Element amendment. SMP SOL D WASTE O V S ON ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Hear i rigs ITEM: 9. e. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 14, 2000 APPROVED DEPARTMENT HEAD CITY ATTORNEYc..~' CITYMANAGER SUBJECT: Ordinance Amending Section 14 Subsection (a) of Ordinance No. 2518 Relating to the Cable Television Franchise of Time Warner Entertainment Advance/New House. RECOMMENDATION: Staff recommends adoption of this Ordinance. BACKGROUND: First reading of this Ordinance was at the Council Meeting held on August 16, 2000. This Ordinance will allow Time Warner Entertainment Advance/New House a 24-month franchise fee exemption for its highspeed internet service. The public hearing for this Ordinance is scheduled at the time of second reading of the Ordinance on August 30, 2000, as specified in the published notice in accordance with Resolution No. 89-00, adopted by the City Council on July 19, 2000. August 14, 2000, 2:42pm ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Reports ITEM: ].O.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager ~'~ August 22, 2000, DEPARTMENT HEAD CITYATTORNEY CITYMANAGER APPROVED 1 ) Personn~;I Committee Minority Report No. 1-00 regarding Salary Survey Results. 2) Personnsl Committee Minority Report No. 2-00 regarding Salary Survey Results. RECOMMENDATION: Personnel Committee recommsnds referral to City Ceuncil for review and Council determination. BACKGROUND: The management salary survey, results have been presented to and reviewed by the Personnel Committee. The Personnel Committee had a member absent. They have two minority report alternatives for City Council consideration. Two minority reports and salary survey information to the Personnel Committee are attached. Councilmember Maggard recommends increases for the classifications indicated, with a 5% limitation. Councilmember Carson recommends no increases as a result of the salary survey. The classification of Risk Manager is proposed to be deleted from consideration, as the position is under review due to the recent resignation of the incumbent. ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred ITEM: 11. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 31, 2000 APPRO D DEPARTMENT H~ / CITY ATTOR CITY MANAGEIB ~ An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 410 to Ward 4, located generally between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. (Ward 4) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The Council conducted the first reading of the Ordinance on August 18, 2000. This Ordinance amends the ward boundaries to include Annexation No. 410 area into the corresponding Council ward. The annexations were approved by Council on July 19, 2000. Annexation Ward No. Population Annexation No. 410 4 Estimated at 4 Annexation No. 410 is located generally between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. The property owners requested annexation to receive city services. The territory consists of 144 acres. (MO:pjt) (admin~aug\8-30-a410) July 31, 2000, 10:23AM : ' ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred ITEM: 1 :]L, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 31, 2000 PP,,ROVED CITY MANAGER An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 411 to Ward 4, located generally north of Stockdale Highway between Allen and Jenkins Roads. (Ward 4) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The Council conducted the first reading of the Ordinance on August 16, 2000· This Ordinance amends the ward boundaries to include Annexation No. 411 area into the corresponding Council ward. The annexations were approved by Council on July 19, 2000. Annexation Ward No. Population · Annexation No. 411 4 2 Annexation No. 411 is generally located between Stockdale Highway and Morroco Avenue generally between Allen and Jenkins Roads. The site consists of a single family home on ¼ acre. The property owner requested annexation to receive city services. (MO:pjt) (admin\aug\8-30-a411 ) July 31, 2000, 10:24AM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred Business ITEM: 11. c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 16, 2000 DEPARTMENT SUBJECT: Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 123-10 and 123-11 changing the zoning district from R-1 CH (One Family Dwelling Church) and R-3 (Limited Multiple-family Dwelling) to PCD (Planned Commercial Development) on 5.14 acres at the southwest corner of Ming Avenue and Canter Way. (Zone Change P00-0236) (VVards 2 and 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council approved General Plan Amendment P00-0236 and gave first reading of the ordinance on August 16, 2000. Applicant proposes to demolish the existing Fellowship Bible Church, sixteen apartment units and develop the site to a shopping center consisting of 71,500 square feet of floor area with retail and restaurant uses. Most of this site is vacant and has never been developed (70% of the site is a dirt lot). Planned Commercial Development Zone: PCD zoning permits approval of a specific detailed plan for development consistent with uses permitted in the C-O, C-1 and C-2 zoning districts. There is a main tenant building and 3 free standing pads, two of which involve restaurants. Access is off Ming Avenue, Canter Way and Rain Tree Court. Planning Commission Public: Hearing The Planning Commission held public hearings on June 12 and 15, 2000 and July 3 and 6, 2000 and recommended approva:l of the Negative Declaration, General Plan Amendment and Zone Change with extensive changes to the project. August 22. 2000, 4:06PM ADMINISTRATIVi-' REPORT Page Issues raised by opponents of the project included the following: increase in traffic on Ming Avenue; lack of proper streets and controlled Canter Way intersection for delivery trucks; lights, noise and congestion in the pad<ing lot; lights being on all night and their affect on the apartments along Rain Tree Court and the condominiums along Ming Avenue; and vandalism. Halferty Development Company, LLC, has met with the adjoining property owners at two neighborhood meetings, Extensive changes to the project design were made to address the concerns expressed by the neighborhood. There remained some concerns expressed at the public hearing of June 15. For that reason the Planning Commission sent the project to a subcommittee (Zoning Ordinance Committee) which met on June 21, The result of this meeting were 13 conditions of approval which addressed access, lighting, loading dock design, building setbacks, landscaping, parking and trash bin locations, The full commission approved the project at the meeting of July 6, 2000 and added another condition of approval (see condition numbers 1-14 Exhibit A). Several adjacent property owners spoke in support of the project and the commission acknowledged the proposal is both an in-fill and a redevelopment project within an area completely "built out." (RED) (admin\aug\8-30-0236) August 22, 2000, 4:06PM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred Business ITEM: 11. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development 4Services - Planning August 14, 2000 APP ED CITY MANAGER An Ordinance amending Title 17 of the Municipal Code and zoning Map No. 102-30 from C-1 (Neighborhood Commercial) and E (Estate) to R-2 (Limited Multiple Family Dwelling) zone. (Zone Change P00-0238) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 16, 2000. The Planning Commission held public hearings on this General Plan Amendment and Zone Change on June 12, and June 15, 2000. This project was recommended for approval by both staff and the Planning Commission with conditions of approval. There was no opposition for this item at the public hearing. No significant environmental issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The purpose of the proposal is to increase t,he size of the LMPJR-2 to 7.7 acres area for future development of the site. This would allow a larger buffer between the commercial area at the corner of Jewetta and Brimhall and the single family residential area to the east. There are no sites available for multi-family residential development for more than ¼ mile. MO:pjt P:admin/aug/8-16-0238 August 14, 2000, 3:18PM '¢' ' ADMIINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred Business ITEM: 11. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Planning August 16, 2000 DEPARTMENT HEAD CITY ATTORNEY Ordinance amending Title '17 of the Municipal Code and Zoning Map No. 102-19 changing the zoning district from R-1 (One Family Dwelling) to PCD (Planned Commercial Development). Subject site consists of 3.93 acres at the northwest corner of Calloway Drive and Meacham Road. (Zone Change P00-0253) (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council approved General Plan Amendment P00-0253 and gave first reading of the ordinance on August 16, 2000. Applicant proposes to develop the site to a restaurant facility with fine dining in the existing dwelling and with two casual dining structures and relaxation areas distributed around the site. Outdoor activities will include weddings and a deck for dining and socialization adjacent to the existing house. Gazebos will be available for garden weddings. Applicant states that the existing dwelling will be converted to a fine-dining restaurant and virtually all existing trees will be allowed to remain, including some of the oak and eucalyptus trees. Other dining facilities, parking lot and landscaping will be placed on the site. A 105 year old single-family dwelling, 80 year old oak trees and 100 year old eucalyptus trees are located on the site. Subject site is located adjacent to a residential area. At the conclusion of the City Council's hearing on this project the following clarifications and adjustments were made to the conditions of approval and they are included in the ordinance for adoption: Planning Condition No. 2 requiring landscaping in the neighbor's y~ard on the south side Of Meacham Road has been changed to require an extansion o~; ~ ~lock wall matching the subdivision wall to the west of this project. That wall shall be six feet high from the existing wall to the emergency access gate. East of the gate! the wall will be stepped down to a maximum height of four feat to a point opposite the east property line of the residence on the south side of Meacham Road. The termination point of the wall would be approximately 113 August 18, 2000, 9:34AM ADMINISTRATIVE= REPORT Page feet east of the southwest corner of this project's property. The gate, if required by the Fire Chief shall be, solid made of wooden planks or decorative metal (to block more than 50 percent of light). Planning Condition No. 4. Amplified musicshall not be allowed. Neither brass nor percussion (except piano) instruments shall be played on the premises. Outside service and events shall not be conducted any later than 9 p.m., Sunday through Thursday, nor later than 10 p.m. on Friday or Saturday. Planning Condition No. 5. Access to the subject site shall be limited to one centrally located ingrass-egress drive fronting on Meacham and located approximately 180 feet of the curb return of Carloway Drive to Meacham Road. Condition A.5. Business identification... A separate review... Signs must comply... (Chp. 17.60) except no walt signs, freestanding signs shall be permitted nor monument signs in excess of three (3) feet high by four (4) feet wide shall be permitted. Signs not visible from off the premisss are not subject to the preceding sentence's limitations. Condition B.4. Overlooks... screened. No windows on the second floor or above on the north or west sides shall be permitted which would provide views to the adjacent residential properties. 6. Condition B.6. Parking lot lighting... All fixtures... between 12 feet and 16 feet... Condition C.1 .a....modified by the Fire Department. The emergency access at the southwest corner of the site may be relocated to the northeast corner of the site if required and appreved by the Fire Chief and Public Works Director. The proposed emergency gate at the west side of the site connecting to Theodora Street shall be eliminated and a wall and fence shall be installed as depicted on Exhibit "E". 8. Condition E. 1. required enclosures at the southeast corner of the site. (RED:pit) (admin~aug~8-30-0253) August 18, 2000, 10:53AM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 TO: FROM: DATE: Honorable Mayor and City Council Development Services .- Planning August 17, 2000 AGENDA SECTION: Deferred Business ITEM: ]. ~. o t=. APPRO D CITY MANAGER SUBJECT: An ordinance amending Title seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 102-24 by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone to add a hellstop, and to revise the medical office building and hospital wing of the Bakersfield Hear~ Hospital on 10 acres generally located 3001 Siiiect Avenue (File # P99-0911). (Ward 5) RECOMMENDATION: Staff recommends ad,Dption of the ordinance. BACKGROUND: The City Council approved the agreement and gave firstreading ofthe ordinance on August16, 2000. On July 6, 2000, the Planning Commission held a public hearing and adopted Resolution No. 70-00 recommending approval with conditions of the zone change application submitted by Cornerstone Engineering which requested approval of a revised PCD (Planned Commercial Development) zone for the Bakersfield Heart Hospital campus. The request included approval of a hellstop, a revision to the medical office b,uilding location and configuration and revision to the footprint of the hospital wing. The hospital proposes to construct parking and landscaping within the right-of-way of the future Sillect Avenue alignment and the Oak StreefJSillect Avenue intersection. Construction of the Oak StreetJSillect Avenue street improvements is tentatively scheduled to take place 7 to 10 years. To provide for implementation and monitoring of the future streets improvements for the Oak Street and Sillect Avenue intsrsection, the applicant has consented to enter into an agreement between the hospital and the City which identifies each parties' responsibilities related to the hospital's ability to use City's right-of-way for temporary parking until such time as thc ,..~ity constructs the Oak Street/Sillect Avenue ;~lignment. (JE) (admin~aug\8~30-0911) August 17, 2000, 2:09PM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred Business ITEM: 11. g .. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development :Services -. Planning August 17, 2000 An Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-18 from PUD (Planned Unit Development) to R-1 (One Family Dwelling) on 65.44 acres generally located south of Campus Park Drive and west of Old River Road. (ZC P00-0235) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 16, 2000. The appeal by Castle and Cooke, Inc., regarding second lane road improvements and required fencing for the Buena Vista Canal, was reviewed and considered by the City Council. The appeal by the applicant was denied. The requested zone change was proposed in conjunction with GPA/ZC P00-0235, which the City Council adopted on August 16, 2000. This ordinance reflects the general plan amendment in the zoning ordinance. WC:pjt p:adrnin/aug/8-30-0235 August 17, 2000, 3:15PM ' ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: Deferred Business ITEM: 3, t, h. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 17, 2000 SUBJECT: Ordinance amending Title 17 of the Municipal Code and Zoning Maps 102-15 and 102-22 from M-I (Light Manufacturing), M-2 (General Manufacturing) and M-3 (Heavy Manufacturing) to R-1 (One Family Dwelling) zone, R-2 (Limited Multiple Family Dwelling) and C-2 (General Commercial) ;_,one upholding the decision of the Planning Commission and denying the appeal by Olive-Landco Associates to the conditions of approval. (Zone Change P99-0482) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The Council held the fiirst reading of the Ordinance on August 16, 2000, in conjunction with adoption of a general plan amendment for this property requested by Kyle Carter. This project was recornmended for approval by the Planning Commission. The project involves the redevelopment of the abandoned sewerage treatment plant for the North of the River Sanitation District which relocated to a site near the City of Shafter. The application started out as a 504 acre annexation that included zone changes and general plan amendments to change a variety of industrial zones to residential and commercial developments. The entire 504 acres were annexed on April 24, 2000. Recognizing the need to restore consistency between city and county plans for circulation, staff of both jurisdictions have met and agreed to study the Olive Drive/Highway 99 area to determine what might be done to alleviate existing problems and optimize future street relationships. If the results of that study indicated a need to amend the circulation plan then a change would be considered in noticed public hearings by the Planning Commission and City Council. With respect to noise, in addition to the conditions of approval requiring development of future residential to comply with the general plan noise standards, it was confirmed that Mr. Carter would include a disclosure to future buyers the relationship of their property to industrial sources of noise. MG:pjt (admin%aug\8-30-0482) August 17, 2000, 3:14PM :" ADIVIINISTRATIVE REPORT MEETING DATE: August 30.2000 AGENDA SECTION: Deferred Business iTEM: ] ] , i, TO: FROM: DATE: SUBJECT: Honorable Mayer and City Council Ralph E. Huey, Director of Environmental Services August 18, 2000 DEPARTMENT HEAD/'~OVED CITY ATTORNEY Ordinance Repealing Sec. 15.64.180 of the Bakersfield Municipal Code Regarding Unsupervised Fuel Dispensing RECOMMENDATION: Staff recommends adoption of ordinance to repeal 15.64.180 of the Bakersfield Municipal Code. BACKGROUND: Article 52 of the California Fire Code which addresses motor vehicle fuel dispensing stations, states in Section 5201.6.3: "Unsupervised dispensing is allowed when the owner or operator provides, and is accountable for daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of dispensing equipment, and posted telephone numbers for the owner or operators." Bakersfield Municipal Code sec,~ion 15.64.180 adds to section 5201.6.1.1 of the Uniform Fire Code the following provision: (6.1.1) Approved special dispensing devices such as, but not limited to remote proset types are permitted at service stations provided that emergency controls ars installed and are operational at a location acceptable to the Fire Chief. Except at membership or account-only service stations, the dispensing of Class I liquids shall be under the control of a competent attendant at all times. As shown above, the Bakersfield Municipal Code Section 15.64.180 modified the California Fire Code language to limit unsupervised dispensing to membership or account only service stations. The City of Bakersfield currently has approximately 40 gas station faciJities that utilize card readers. Considering the technological advances in both safety and leak detection monitoring, it wou Id be appropriate for these stations to be able to operate after hours u nsupervised. Adoption of this ordinance would Repeal this section of the municipal code and permit these facilities to operate like a cardlock facility after hours. Enforcement would then be in accordance with the existing California Fire Code language. This ordinance was given first reading on August 16, 2000. dm August 18, 2000, 10:57AM ADMINISTRATIVE REPORT MEETING DATE: September 30, 2000 TO: FROM: DATE: Honorable Mayor and City Council Dart J. Thiltgen, City Attorney August 16, 2000 APPROVED DEPARTMENT HEAD ~ SUBJECT: An ordinance amending Subsection F of Section 3.20.090 of the Bakersfield Municipal Code relating to performance bonds. RECOMMENDATION: First reading of the ordinance. BACKGROUND: On certain City projects, where the City is using its own forces to do the work, the requirement for performance bonds adds unnecessary expense. The bidder will only be delivering materials; thus, the need for performance bonds is minimal. This ordinance change exempts the City from the requirement that performance bonds be obtained on such projects. August 16. 2000, 9:45am ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: New Business ITEM: 12.b, TO: FROM: DATE: Honorable Mayor and City Council Development .Services - Planning August 10, 2000 DEPARTMENT HED~;ROVED ~,~'~O.;;_,~ CITYMANAGER SUBJECT: An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and multiple zone maps within the metropolitan Bakersfield area by changing the zoning for forty-two city parks and twelve North Bakersfield Recreation and Parks District parks from various zone classifications 'lo OS (Open Space) zoning. (All Wards) RECOMMENDATION: Staff recommends firsl reading of the Ordinance. BACKGROUND: On April 6, 2000, the Planning Commission adopted a resolution recommending approval of the zone change request made by the City of Bakersfield. The request is to change the zoning from various zone districts to an OS (Open Space) zone on a total of 54 park sites throughout the metropolitan Bakersfield area. Forty-two of the park sites are owned by the City of Bakersfield and twelve are owned and operated by the North Bakersfield Recreation and Park District (NBR&PD). The purpose of the zone change is to allow existing park uses to continue, and to allow for future passive recreational uses/facilities within any of the subject park sites without the need to process a Conditional Use Permit (CUP) application. This wilt translate into cost savings related to staff time and advertising which are normally incurred during the CUP process. The forty-two city-ownsd parks affected by this zone change are already developed, while four of the twelve NBR&PD parks subject to this zone change have been developed as parks to date. Parks are generally considered to be compatible with most other urban land uses. The request is consistent with the v;arious park site's land use designations as shown on the Metropolitan Bakersfield 2010 General Plan maps. NBR&PD concurs with the proposed changes. No public opposition has been received as of this writing. August 10, 2000, 10:55AM ADMINISTRATIVE! REPORT Page No one spoke for or against the zone change request during the Planning Commission hearing. All required public notices have been given. Based upon an initial environmental assessment, staff has determined the pn3posed project will not significantly affect the physical environment or existing residential development in the area. Therefore, a Negative Declaration was prepared and is recommended for adoption. ATTACHMENTS: EXHIBIT 1 EXHIBIT 2 Ijst of Parks Ordinance with Exhibits (JS) (admin~aug~8-30park) August 10, 2000, 10:55AM ADMINISTRATIVE REPORT MEETING DATE: August 30, 2000 AGENDA SECTION: New Bus i ness ITEM: 12. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief August 14, 2000 DEpARTMENT HEADz~PROV CITYATTORNEY CITYMANAGER Ordinance Amending Chapter 5.08 of the Bakersfield Municipal Code Relating to Alarm Systems. RECOMMENDATION: Staff recommends first reading of ordinance BACKGROUND: Changes to the ordinance were necessary to ensure consistency and to help enforce the permitting of alarm systems. The new ordinance rninimizes the differences between Police and Fire in regards to the number of false alarms before a citatioNfine is imposed. Enforcement action will be taken upon an alarm owners fifth false alarm or third false robbery (police response) or third fire alarm within any 12 month period. Robbery and fire alarm responses require more City staff than ordinary alarm calls, thereby resulting in the greater waste of limited City resources and staff time when responding to this type of false alarm. The Fire Department responded to 641 false alarms in 1999. The Police Department responded to 11,161 false alarms in the same time period. For new installations, a time frame to correct problems is given before the enforcement process is initiated. In an effort to get all alarms in Bakersfield permitted, this ordinance spreads the burden of obtaining a permit to the installers as well as the owner. Representatives from local alarms companies were involved in the process and have not objected to the changes. August 'IS, 2000, 11:18AM