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HomeMy WebLinkAbout09/27/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA SEPTEMBER 27, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. WORKSHOPS 3. PUBLIC STATEMENTS (Regarding Closed Session Item(s) only during this portion ofthe meeting) 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Bakersfield Citizens for Local Control v City/Castle & Cooke. 2. Bakersfield Citizens for Local Control v City/Panama 99 Properties. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Josephate Jordan, Christ First Ministries. 7. PLEDGE OF ALLEGIANCE by Lisa Darquea, 4th Grade Student at Ronald Reagan Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Stacy Crooks, Links for Life, proclaiming October, 2006, as "Paint the Town Pink Month". b. Presentation by Mayor Hall of Proclamation to Art Carlock, Chairman, Highway 99 Cruise "n' Show, proclaiming October 13-15, 2006, as "Fifth Annual Highway 99 Cruise "n' Show Days". 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 13, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from September 2, 2006 to September 15, 2006 in the amount of $17,605,372.54 and self-insurance payments from September 2, 2006 to September 15,2006 in the amount of $105,331.07. (Ward 7) (Ward 5) (Ward 6,7) (Ward 1,2.3) (Ward 1)* (Ward 6) (Ward 3) (Ward 3) (Ward 1) 12. CONSENT CALENDAR continued Ordinances: First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-23) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to Revised PCD on 1.8 acres located on the south side of Pacheco Road, approximately 100 feet west of Wible Road. (ZC 06-0368) (Applicant: Olsen Design Studio/Property Owner: Catalina Barber Group) First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-32) of the Municipal Code by changing the zoning from C-2 (Regional Commercial) to C-O (Professional and Administration Office) on 0.58 acres located on the south side of Brimhall Road, ~ mile west of Coffee Road. (ZC 06-0737) (Applicant: Porter- Robertson Engineering & Surveying/Property Owner: JP/CP Development) Adoption of Ordinance amending Section 17.60.060 B.9 of the Municipal Code relating to signs permitted in the Bakersfield Auto Mall. (FR 09113106) Resolutions: c. d. e. f. Resolution adopting a service priority policy for lower income developments in accordance with California Senate Bill 1 087. g. Resolution in support of state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests or exhibitions of speed. h. Property Abatements: 1. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of assessments by the Kern County Tax Collector. 2. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which structures have been secured against entry or for abatement of weeds, debris and waste matter and authorize collection of assessments by the Kern County Tax Collector. Resolutions approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 526 consisting of 89.98 acres located south of Redbank Road, east and west of South Fairfax Road and north of East Wilson Road. Resolution adding territory, Area 3-56 (McKee, Ashe SE) 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 adding territory, Area 4-61 (College, Flintridge NE) 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 adding territory, Area 4-62 (Morning, Alfred Harrell 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. Resolution of Intention No. 1487 to add territory, Area 4-63 (Texas, Easter SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. i. j. k. I. m. * - upon annexation 2 (Ward 7) 12. CONSENT CALENDAR continued n. Resolution of Intention No. 1488 to add territory, Area 3-57 (Berkshire, Wible SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1486 to order the vacation of portions of Owens Street, East 19th Street and the alley located at the northwest corner of East Truxtun Avenue and Gage Street. (Ward 2) (Ward 1,6) (Ward 5) (Ward 4) (Ward 6) (Ward 3) (Ward 3,4) o. Agreements: Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6333 Phase 1 located east of South Union Avenue on East Panama Lane. 2. Final Map and Improvement Agreements with Centex Homes for Tract 6491 Phase 2 located north of Taft Highway (Hwy 119) east of Ashe Road. q. Agreement with Bakersfield City School District ($40,000) for services pursuant to the Safe Schools/Healthy Students Initiative - "Connecting Communities Program". 1. Appropriate $40,000 Federal grant revenues to the Police Department budget in the General Fund for additional overtime costs. p. r. Agreement with Centex Homes ($110,000) to purchase real property located west of Buena Vista Road and north of Panama Lane for a water well site. Agreement with Riverlakes Grove, LLC for maintenance of the underground retention basin located at 3013 Calloway Drive. Agreement with County of Kern, Pacific Gas & Electric Company, Southern California Edison Company and Southern California Gas Company to deliver the Bakersfield and Kern County Energy Watch Program. Agreement with Impact Sciences, Inc. ($259,210) to prepare Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1002 (Sports Village Project) generally located on the north side of Taft Highway between Gosford and Ashe Roads. State Route 178 at Morning Drive Interchange: 1. Agreement with Caltrans ($75,000) to expand the Project Study Report (PSR) to include the extension of SR178 to Canteria Road. 2. Agreement with Mountain View Bravo, LLC ($75,000) to reimburse the cost of expanding the PSR. 3. Appropriate $75,000 developer share of project cost to the Capital Improvement Program within the Transportation Development Fund. Agreements with Goodwin Proctor LLP, for outside legal services regarding the following: a. Continuing disclosure matters for various Assessment Districts. b. Assessment District 05-2 (Miramonte/Paladino Hills) generally located in the Alfred Harrell Highway/Masterson Street area (Agreement not to exceed $39,000). c. Assessment District 06-1 (Etcheverry/Lin II/University Park) generally located in the Ming Avenue/Gosford Road and Reina Road/Allen Road areas (Agreement not to exceed $39,000). s. t. u. v. w. 3 12. CONSENT CALENDAR continued (Ward 1) x. Refuse Collection Services: 1. Agreement with Kern Refuse Disposal, Inc. regarding refuse collection services. (Budget & Finance Committee recommends approval of agreement.) 2. Resolution consenting to assignment of rights and obligations under Agreement No. 99-329 from Kern Refuse Disposal, Inc. to Metropolitan Recycling Corporation for existing lease of a portion of City's property located adjacent to the Woodwaste Facility. (Ward 1) y. Agreement with Bakersfield Senior Center, Inc. ($50,000) Community Development Block Grant funds for operational expenses at 530 4th Street. z. Off Highway Motor Vehicle Recreation Project: 1. Amendment No.2 to Agreement No. 04-323 ($59,235) with Michael Brandman and Associates for preparation of an Environmental Impact Report for the project. 2. Amendment No.3 to Agreement No. 04-102 with State of California Department of Parks and Recreation to increase the grant amount by $200,000. 3. Appropriate $200,000 State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget within the Recreation Facilities Fund for securing approval of an Off Highway Vehicle Park. Bids: (Ward 2) aa. Reject all bids for the Beach Park Irrigation Supply Refurbishment Project. (Ward 7) bb. Accept base bid and additive alternate A and award contract to Nicholas Construction Inc. ($341,484) for canal culvert reconstruction at two locations along Kern Island Canal - Branch 1. (Ward 1) cc. Sewer Reconstruction on Brundage Lane and on L Street: 1. Accept bid and award contract to Griffith Company ($7,760,911) for project. 2. Transfer $5,200,000 from a Capital Improvement Project (Sewer Rehabilitation- Gosford Road) to this project within the Sewer Enterprise Fund (Wastewater Treatment Plant 2). dd. Accept bid from Pendpac, Inc. ($417,337.23) for four (4) packer bodies with automated side arms. ee. Accept bid from Communication Enterprises, Inc ($49,495.88) for replacement mobile radios. Miscellaneous: ff. Appropriate $61,253 Transient Occupancy Tax fund balance to the Non-departmental operating budget and authorize payment to the Convention and Visitors Bureau. gg. Revised job specification for Communications Technician 1/11. Staff recommends adoption of Consent Calendar items a through gg. 13. CONSENT CALENDAR HEARINGS (Ward 3) a. Public Hearing to consider Resolution ordering the vacation of the turnarounds at the end of the alleys on Tract 3513 located at the northwest corner of Columbus Street and Christmas Tree Lane. (Staff recommends adoption of resolution.) 4 13. CONSENT CALENDAR HEARINGS continued (Ward 2) b. Public Hearing to consider Resolution ordering the vacation of a portion of the sewer easement located south of 16th Street between Pine and Myrtle Streets. (Staff recommends adoption of resolution.) 14. HEARINGS (Ward 2) Public Hearing to consider Resolution approving the sale of real property by the Bakersfield Redevelopment Agency for $1.00 to Baker Street Village, LLC. 1. Transfer $300,000 Capital Improvement Project funds to the Economic and Community Development Operating budget. Staff recommends adoption of resolution and approval of transfer. a. b. Public Hearing on Resolution of Necessity to consider the acquisition by eminent domain of property owned by Conoco Phillips Company (previously Lion Oil Company) for the Westside Parkway. Staff recommends adoption of resolution of necessity authorizing acquisition by eminent domain of certain property owned by Conoco Phillips Company (previously Lion Oil Company) located between the Cross Valley Canal and the Kern River. The City of Bakersfield is authorized to acquire property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. c. Public Hearing on Resolution of Necessity to consider the acquisition by eminent domain of property owned by Big West of California, LLC (Flying J Oil Refinery) for the Westside Parkway. Staff recommends adoption of resolution of necessity authorizing acquisition by eminent domain of certain property owned by Big West of California, LLC located west of Mohawk Street and north of the Kern River. The City of Bakersfield is authorized to acquire property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, ~ anTanrJy~ City Manager 9/20/06 4: 11 pm 5 '~c:\J.....r."'~"'l:J' 'JIlt '- - . V''': .... . ,.. ~>.~ ~/';:i'l,\-;'" AGENDA HIGHLIGHTS SEPTEMBER 27. 2006 COUNCIL MEETING CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation and two cases of existing litigation. CONSENT CALENDAR Ordinances Item 12c. First Readina of an Ordinance Amendinc the Municical Code bv Chancinc the Zonino from PCD to Revised PCD on 1.8 Acres Located on the South Side of Pacheco Road. Accroximatelv 100 Feet West of Wible Road. The reason for the request is to obtain approval to develop a 15,748 square foot commercial retail building on the project site. The proposed PCD zone is consistent with the General Commercial designation on the Land Use Element of the General Plan. The site is currently undeveloped. On August 17, 2006, the Planning Commission recommended adoption by the City Council. No one spoke in opposition to the project at the Planning Commission hearing. Conditions from the Site Plan Review Committee, which reviewed the project for consistency with ordinance requirements, are attached to the administrative and include such issues as parking, landscaping, walls and lighting, and access. Resolutions Item 12f. Resolution Adoctinc a Service Priority for Lower Income Develocments in. Accordance with California Senate Bill 1087. SB 1087 requires cities and counties to: 1) immediately deliver adopted housing elements and any amendments to all public agencies and private entities that provide water or sewer services; and 2) local water and sewer providers must grant priority for. service and capacity needs for low income housing developments. These developments are defined as dwelling units to be sold or rented to lower income households. Pursuant to SB 1087, the City must adopt a set of written policies and procedures for providing priority service to affordable housing projects and update those policies at least once every 5 years. Item 12g. Resolution in Succort of State L~cislation to Excresslv Authorize Cities and Counties to Imoose Vehicle Forfeiture as a Penalty for lIIecal Sceed Contests or Exhibitions of Sceed. At the League of California Cities 2006 Annual Conference, a resolution was approved that the League co-sponsor State legislation on this iSl\ue. Councilmember Couch requests that a similar resolution be prepared in support of the League's intended action. According to League staff, the legislation is likely to .be written and proposed for consideration in early 2007. Aareements Item 12q. Aareement with Bakersfield City School District lBCSDl for Services Pursuant to the Safe Schools/Healthv Students Initiative - "Connectinc Communities Proaram" in the amount of $40.000. BCSD received Federal grant funds pursuant to the Safe Schools! Healthy Students Initiative (Connecting Communities Program). This program enables BCSD to partner with local law enforcement and mental health agencies to provide services In an effort to reduce violence and increase school safety among students. As part of this program, the Bakersfield Police Department was asked to proVide additional services to the ongoing School Resource Officer (SRO) Program. These services will result in additional overtime costs and will therefore necessitate an appropriation to the Police General Fund Budget. These services are in addition to the SRO Program currently funded in part by a grant from the Federal COPS Office. Item 128. Acreement with Riverlakes Grove. LLC for Maintenance of the Underaround Retention Basin Located at 3013 Callowav Drive. Michael Walker, contractor and owner, proposed an underground retention basin to dispose of on-site storm waters on this property. Staff has determined that a 5-year trial period maintenance program by the owner and under City review is necessary to determine if this type of system will function properly in the City. If any problems are encountered with this system, the owner would be required to \ Agenda Highlights September 27, 2006 ~ Page 2 connect to a nearby private sump. The outcome of this trial period will aid in development of future City ordinances relating to this type of drainage system. Item 12u. Aareement with Imoact Sciences. Inc. to Preoare an Environmentallmoact Reoort for a General Plan Amendment and Zone Chanoe for the Soorts Villaae Proiect Generallv Located on the North Side of Taft Hiahwav between Gosford and Ashe Roads in the amount of $259.210. The Project consists of a 163-acre recreation facility, 37 acres of commercial development, a 19-acre City maintenance yard, and a 3-acre site to potentially accommodate a fire station and police substation. This agreement sets forth the scope of services for the preparation of an EIR. Sufficient funding has been programmed. Item 12v. Aareements Related to the State Route 178 at Momina Drive Interchanae. Cal Trans has been preparing the initial planning document (PSR) for the interchange at SR 178 and Morning Drive since 2005. The easterly limit identified in their document for the widening of SR 178 that was to be built with the interchange was about % mile east of Morning Drive. City in the Hills has the requirement that by 50% build-out of their development, 4 lanes for SR 178 from their development (across from the former Mesa Marin Racetrack) west to Fairfax Road be in place. In order to complete the widening of the portion of SR 178 between the limits of the Morning Drive Interchange PSR and their development, City in the Hills would have to pursue a second PSR. It has been determined that it would be quicker to include this SR 178 segment into the PSR Cal Trans was preparing now. Cal Trans estimates that it will cost an additional $75,000 to complete this work. Cal Trans will be reimbursed by the City with funds collected from City in the Hills in accordance with the agreements. Item 12x. Aareement with Kern Refuse Disoosal. Inc. Reaardina Refuse Collection. In 1991, the City and Kern Refuse Disposal, Inc. (Contractor) entered into a refuse hauling agreement. When the City required the Contractor to convert to automated refuse collection in 1996, the contract was extended from 2005 to the year 2014. Another time extension to the year 2025 is requested in order to continue being able to finance replacement equipment for the hauling contract, and to ensure a revenue stream for the Contractor's long-term debt service on a separate construction and demolition material recycling facility. The request was referred to the Budget and Finance Committee, who directed staff to enter into negotiations with the Contractor. Because the agreement had been amended so many times, the parties agreed to draft an entirely new document. The Budget and Finance Committee reviewed the new agreement on August 28, 2006 and recommended full Council approval. The refuse collection rates will continue, as in the original agreement, to be adjusted annually according to the Consumer Price Index (CPI). Changes made by this agreement are detailed in the administrative report. One item in particular provides that if the Contractor fails to have the recycling facility open to the public by June, 2008, the extension of the agreement until 2025 ceases to exist and the original agreement termination date of June 30, 2014 is reinstated. Additionally, in 1999, the parties entered Into a lease agreement, whereby the Contractor leased a certain portion of City property so that the Contractor could provide the construction and demolition recycling facility. The facility is being managed and operated by a corporation known as Metropolitan Recycling Corporation (MRC). MRC is made up of the sarne entities which comprise the Contractor's corporation. Contractor desires to assign its rights and obligations in that lease to MRC. Item 12x. Amendments to Aoreements Related to the Off Hiohwav Motor Vehicle Recreation Proiect. These amendments are necessary due to changes in the-scope of work relating to the preparation for the proposed EIR for this project, primarily relating to completion of certain components in the final report and in response to services related to the acquisition of lands. The amount and focus of the additional work is at the request and direction of the State of California. Agenda Highlights September 27. 2006 Page 3 The original agreement with Michael Brandman and Associates for environmental work was in the amount of $315,090. Council is asked to approve this second amendment In the amount of $59,235 for a revised total contract amount of $572,275. The California State Department of Parks and Recreation Is increasing the grant amount by $200,000 to offset the costs for the amendment to the contract with Michael Brandman and Associates, and to offset costs associated with other components of the project. On April 14, 2004, Council adopted a resolution to receive $500,000 in State funds for preliminary work necessary to site a new Off Highway Vehicle Park. These funds are from two State sources, $98,000 from the Off Highway Motor Vehicle Recreation Division and $402,000 from the Department of Parks and Recreation. The $98,000 from the Off Highway Motor Vehicle Recreation Division has been fully expended. On December 15, 2005, the grant with the Department of Parks and Recreation was amended by $10,668 for the completion of survey work and on March 22, 2006 the grant was amended by $197,950 for environmental work relating to the larger site area. With this third amendment of $200,000, the total funding from the State of California's Department of Parks and Recreation Is $810,618. This brings the total funding received from the State to $908,618. Bids Item 12cc. Award Contract to Griffith C9moanv for the Sewer Reconstruction on Brundace Lane. from L Street to Mt. Vernon Avenue: and L Street. from Brundace Lane to California Avenue In the amount of $7.760.911. This project consists of replacing two existing deteriorated main sewer lines of various sizes at these locations, complete with manholes and connections to existing collector sewer lines. The existing main sewer lines will be removed as the. new sewer lines are constructed and placed in operation. These sewer lines were built in 1912 and are made of reinforced concrete pipe. The Public Works Department has deemed it necessary to replace them as soon as possible. Additional funding is required for the cost due to the additional work needed on these sewer lines. A portion of this project was budgeted in the previous fiscal year, and additional funding is proposed in the 10-year plan. The construction contract for the Sewer Rehabilitation - Gosford Road project, although budgeted in this fiscal year, will not be awarded until FY 07/08. . Therefore, staff recommends transfer of funds from this project to the Brundage Lane and L Street Sewer project, and that the Sewer Rehabilitation - Gosford Road project be rebudgeted next year. Four acceptable bids were received. Staff recommends award to Griffith Company. Item 12dd. Award Contract to Pendoac. Inc. for Four Packer Bodies with Automated Side Arms in the amount of $417.337.23. The packer body specifications are stringently written to ensure performance and there are only two companies on the west coast who are able to meet these specifications and requirements. One company elected not to submit a bid due to existing commitments. Pend pac, Inc. submitted the sole bid. CONSENT CALENDAR HEARINGS Item 138. Public Hearinc to Consider a Resolution Ord~rinc the Vacation of the Turnarounds at the End of the Alleys of a Tract on the Northwest Comer of Columbus Street and Christmas Tree Lane. Dewalt Corporation, on behalf of 4200 Panorama LLC, submitted the request for vacation of the alleys on Tract 3513. Per the Conditions of Approval for Vesting Tentative Tract 6543, Public Works stated to have those portions of the two existing alleys that will be within future lots, vacated. Said alleys will be connected In conjunction with Tract ~~. . No objections have been received as of the date of this report. The proposed vacation was approved by the Planning Department on July 31, 2006 and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. A Resolution of Intention declaring the intention to order the vacations was adopted by Council at the regular meeting of August 16, 2006. Agenda Highlights September 27, 2006 . Page 4 Item 13b. Public Hearinc to Consider a Resolution Orderinc the Vacation of a Portion of the Sewer Easement Located South of 16th Street between Pine and Myrtle Streets. Scott Wesley, LLC (Applicant) submitted the request to have a portion of the sewer line easement vacated. A building was constructed where the existing sewer line is located. The applicant has realigned the sewer line and has dedicated a sewer line easement to the City. No objections have been received as of the date of this report. The proposed vacation was approved by the Planning Department on July 25, 2006 and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. A Resolution of Intention declaring the intention to order the vacation was adopted by Council at the regular meeting of August 16,2006. HEARINGS Item 14a. Public Hearinc to Consider a Resolution Aoorovinc the Sale of Real Prooertv by the Bakersfield Redevelooment Acency for $1 to Baker Street Villace LLC. In 2004, the City, Baker Street area business owners, residents and other interested parties participated in a neighborhood design and visioning planning process on and around Baker Street that helped develop the Baker Street Comprehensive Economic Development Strategy. The redevelopment of the blocks between Kentucky, Lake, Kern and King Streets was identified as a top priority in the strategy. This project contains urban housing, and neighborhood commercial and retail opportunities. Since 2004, the Redevelopment Agency has been diligently assembling nearly 2 blocks of land (6.6 acres) that included 15 properties required for this mixed use project. The project site is now mostly vacant with only the Coronet building remaining. The Coronet will be renovated and incorporated into the new redevelopment project plan as a mixed use residential and commercial building. Staff has been negotiating a Disposition and Development Agreement with Mr. Mike Keele, Project Manager for Triumph Companies, for the development and construction of this project. The RDA approved the Agreement on September 25, 2006. The key deal points of each party are contained within the administrative report. Homebuyers will be eligible to apply for the Housing Urban Bakersfield Downpayment programs. In addition, a special tenant incentive only available to a 25,000 square foot grocery tenant will be established for a total of $600,000 payable in increments from $100,000 - $150,000 annually over a 5-year period directly to the tenant. The project could generate approximately $6.6 million of net tax increment to the Agency's Old Town Kern Redevelopment Project Area over the next 30 years. This value is based on a model 2% annual inflation factor. Items 14b. and 14c. Public Hearincs. recardinc Prooertv Acauisition for the Westside Parkwav. The City wishes to acquire two pieces of property for the Westside Parkway. The first is owned by Conoco Phillips Co., (previously Lion Oil Company) and is located between the Cross Valley Canal and the Kern River. The second property is owned by Big West of California, LLC (Flying J Oil Company) and is located west of Mohawk Street, north of the Kern River. These hearings will provide an opportunity for the public and owners of affected property to voice their concerns regarding the acquisitions. Sales price negotiations have taken place with the ;;.;;~c:m::::r ffue after ~~ aamn. 00: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Closed Session ITEM: Li. a. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 13, 2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (Qne case) RS:do S:\COUNCIL\CI Sess\Admins\06-07\09-27-06 Potential1.dot September 13. 2006. 5:07PM ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Closed Session ITEM: t..(. b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED September 19, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Bakersfield Citizens For Local Control v. City of Bakersfield/ Castle & Cooke Kern County Superior Court Case No. 249668 NFT · Bakersfield Citizens For Local Control v. City of Bakersfield/ Panama 99 Properties Kern County Superior Court Case No. 249669 NFT VG:do S:\COUNCI L \CI Sess\Admins\06-07\09-27 -06Existlit.doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Presentations ITEM: Cl. Gt . TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall September 14, 2006 ISROVED DEPARTMENT HEAD--8 ._ CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Stacy Crooks from Links to October, 2006, as "Paint the Town Pink Month". RECOMMENDATION: BACKGROUND: ndw September 14, 2006, 6:51PM S:\MAYOR\ADMIN\2006\PAINT THE TOWN PINK MONTH. DOC ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Presentations ITEM: C1. b . TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall September 14, 2006 A~VED DEPARTMENTHEAD~ CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Art Carlock, Chairman, ghwl:t 99 Cruise "n' Show, proclaiming October 13-15, 2006, as "Fifth Annual Highway 99 Crutse "n' Show Days". RECOMMENDATION: BACKGROUND: ndw September 14, 2006, 6:53PM S:\MAYOR\ADMIN\2006\HIGHWAY 99 CRUISE AND SHOW.dot ADMINISlRA liVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: I A..o.. . TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk September 19, 2006 APPROVED DEPARTMENTHEA~ CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the September 13, 2006 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: pi ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: l~.b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 15, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from September 02, 2006 to Septemb 15, 06 in the amount of $17,605,372.54 and self insurance payments from September 0 , 2006 to September 15, 2006 in the amount of $105,331.07. RECOMMENDATION: Staff recommends approval of payments totaling $17,710,703.61. BACKGROUND: RAR September 15, 2006, 11:07AM S:\Kim G\Forms & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I.:). c . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED September 12, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an Ordinance approving a Negative Declaration and am ndin Section 17.06.020 (Zone Map No. 123-23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone on 1.8 acres located on the south side of Pacheco Road, approximately 100 feet west of Wible Road. (ZC # 06-0368 - Applicant: Olsen Design Studio representing Catalina Barber Group) (Ward 7) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: On August 17, 2006, the Planning Commission held an advertised public hearing on this zone change request, and adopted Resolution No. 165-06 recommending adoption by the City Council. The zone change request consists of changing the zoning from PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone on 1.8 acres. The reason for the request is to obtain approval to develop a 15,748 square foot commercial retail building on the project site. The proposed PCD zone is consistent with the General Commercial designation on the Land Use Element of the General Plan. The site is currently undeveloped. No one spoke in opposition to the project at the Planning Commission hearing. Attached Exhibit "1" includes conditions from the Site Plan Review committee which reviewed the project for conSistency with ordinance requirements, such as parking, landscaping, walls and lighting, and access. Two driveways are proposed on Pacheco Road (collector street). The east side of the building is proposed to have a drive-thru for a possible coffee house. 1here are 82 parking spaces provided, which exceeds the minimum 77 spaces required by ordinance. Most parking is along the Pacheco Road frontage. Building fronts are oriented toward Pacheco Road. The elevations provided by the applicant depict the use of marble gray brick veneer, white molding, white marble columns, and black framed windows with white molding. The color and material palette include shades of gray, black and white. Trees are proposed along the frontage of the building to provide visual relief. September 12, 2006, 4:34PM jeng / S:\Danaladmin\2006\Sept\9-27 -0368. doc ADMINISTRATIVE REPORT Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Staff recommends approval of the zone change. September 12,2006, 4:34PM jeng / S:\Dana\sdmin\2006\Sept\9-27-0368.doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.d. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED September 8, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an Ordinance approving a Negative Declaration a d a ending Section 17.06.020 (Zone Map No. 102-32) of Title Seventeen of the Sa ersfield Municipal Code by changing the zoning from C-2 (Regional Commercial) to C-O (Professional and Administration Office) on 0.58 acre located on south side of Brimhall Road, 1/4 mile west of Coffee Road (ZC 06-0737 - Applicant: Porter- Robertson Engineering and Surveying representing JP/CP Development, Inc.) (Ward 5) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: On August 17, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from a C-2 (Regional Commercial) zone to a C-O (Professional and Administration Office) zone on 0.58 acre. The reason for the request is to facilitate development of a commercial office development project currently under construction to the adjacent west. At the Planning Commission hearing, Reverend Rose Schmall spoke about traffic concerns in the area. Concerns noted were increased traffic and traffic flow which may affect the residential neighborhood located to the west of the project site. Staff stated the zone change from general commercial retail uses to commercial office uses would result in a reduction of 25 trips per day for the area. Staff further pointed out that the traffic study prepared two years ago for the project site determined that a traffic signal is warranted at River Ranch and Brimhall Road. The applicant states the zone change is to facilitate development of the commercial office project (zoned C-O) that is adjacent to the west of the proposed zone change area, and currently under construction. The additional 25,337 square feet of C-O zoning is needed in order to construct a driveway on the east perimeter of the commercial office development (Crown Pointe Business Center). The project has received conditional Site Plan Review approval for an office complex which depicts the noted easterly driveway entry and drive aisle for this development. Site Plan Review conditions address parking, landscaping, and perimeter walls. ADMINISTRATIVE REPORT Page 2 The proposed zone change is consistent with the site's General Plan Land Use designation of General Commercial. The proposed zone change would promote orderly development by providing commercial office establishments and services that conveniently serve the needs of residents in the . immediate neighborhood and community. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment of existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Staff recommends approval of the zone change. Prepared by madams \ September 8, 2006 \ S:\Zonechange\06-0737\CC\ADMINFORM 1 Read.Doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM NO: ,~. e. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director September 11, 2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of Ordinance amending Section 17.60.060 B.9 of the Bakersfield Muni relating to signs permitted in the Bakersfield Auto Mall (Wards 6 & 7). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on September 13, 2006. In 1994 the City Council adopted special sign standards for the Bakersfield Auto Mall as part of an overall comprehensive revision to the Sign Ordinance (Chapter 17.60). This boundary was based on the original zoning that limited development to just automobile dealerships. The special sign regulations permit larger pylon and wall signs than found elsewhere in the city to promote the auto mall dealerships and allow them advertisement consistent with both their regional and national marketing programs. The expansion of the sign boundary follows the larger geographic area generally identified as the Bakersfield Auto Mall. Until recently, dealerships built their facilities within the smaller sign boundary. However, the success in attracting new automobile dealerships into the area resulted in them expanding beyond the current sign boundary. The proposed sign boundary change will allow all of the dealerships equal opportunity for advertising their products. This amendment only affects the map within the sign ordinance depicting the auto mall boundary, text will remain unchanged. The Planning Commission unanimously approved the revision under consent at their meeting of August 17, 2006. The ordinance amendment is recommended for adoption. September 11,2006, 9:48AM S:\Danelsdmin\2006\Sept\9-27 Auto Mall. 2nd reading. doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: I~.-P. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 7,2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED vc;. SUBJECT: A Resolution Adopting a Service Priority Policy for Lower Income Accordance with SB 1087. in RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On October 7, 2005, the Governor signed California Senate Bill 1087 ("SB 1087") into law. SB 1087, which was effective January 1, 2006, requires cities and counties to do two things. First, they must immediately deliver adopted housing elements and any amendments to all public agencies and private entities that provide water or sewer services in their jurisdiction. Second, SB 1087 provides that local water and sewer providers must grant priority for service and capacity needs for low income housing developments. SB 1087 defines these developments to include dwelling units to be sold or rented to lower income households. Pursuant to sa 1087, public agencies or private entities that provide water or sewer service must adopt a set of written policies and procedures for providing priority service to affordable housing projects, and update those policies at least once very 5 years. In addition, a public agency or private entity providing water or sewer services is not permitted to deny the approval of an application or reduce the services of a proposed development that includes lower income housing. The attached proposed resolution will bring the City of Bakersfield into compliance with SB 1087. MR:dll September 7, 2006, 12:29PM S:ICQUNCIL IAdminsl06-07 AdminslSBl 087WaterServicePolicyReso.doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: I ~.~. J TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager September 18,2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER v SUBJECT: Resolution in support of state legislation to expressly authorize citie and counties to impose vehicle forfeiture as a penalty for illegal speed contests or exhibitions of speed. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: At the League of California Cities 2006 Annual Conference on September 9, 2006, a resolution was approved that the League co-sponsor state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests or exhibitions of speed. Councilmember Couch requested that a similar resolution be prepared in support of the League's intended action. According to League staff, the legislation is likely to be written and proposed for consideration in early 2007. September 18, 2006, 3:39PM P:\AdminReports&Related\Adm-2006\Vehicles-lllegaISpeedingAdmin-091806.doc AT:RS ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent ITEM I ~ . h. TO: FROM: DATE: Honorable Mayor and City Council Stanley G. Grady, Development Services Director DEPARTMENT HEAD APPROVED September 15, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Property Abatements 1. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of assessments by the Kern County Tax Collector. 2. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which structures have been secured against entry or for abatement of weeds, debris and waste matter and authorize collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on September 11, 2006, by the Assistant City Manager and all proposed charges were confirmed. 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 Irma Carson 1. 333 Augusta St. 2. 1029 E. Brundage Ln. 3. 1617 De Wolfe St. 018-220-31 168-141-02 019-101-01 $ 693.00 $ 645.00 $ 495.00 September 19, 2006, 3:47PM P :\admin.doc,Sept.27 .doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson (con't) * 4. 605 Ferry St. 011-045-02 $ 5,845.00 5. 231 L Street 010-260-03 $ 670.00 6. 11 03 L Street 009-022-08 $ 470.00 7, 821 N Street 009-222-07 $ 520.00 8. 831 N Street 009-222-06 $ 320.00 9. 309 Ohio Dr. 169-070-05 $ 545.00 10. Vacant lot Ohio Dr. & Tollhouse 169-061-08 $ 545.00 11. SWC of So. Owens & Virginia 018-220-02 $ 270.00 12. 221 Rodman St. 139-341-1 0 $ 1,195.00 13. 701 Union Ave. 009-471-14 $ 2,002.00 14. 15 White Ln. 172-160-08 $ 945.00 15. 226 6th St. 139-221-10 $ 277.99 16. 1104 E. 9th St. 018-072-23 $ 320.00 17. 1422 9th St. 018-061-18 $ 895.00 * Demolished structure Ward 21Councilmember Sue Benham 18. 714 Dolores St. 19. 1316 Dolores St. 20. 8 Flower St. 21. 1104 Gage St. 22. 515 Holtby Rd. 23. 3815 K Street 24. 2627 L Street 25. 3715 L Street 26. 1201 Niles St. 27. 1516 Pacific St. 28. 211 Quincy St. 016-300-11 017-330-15 012-052-13 015-350-11 007 -322-07 120-060-08 002-142-02 120-110-04 015-240-20 015-030-15 012-270-18 $ 925.00 $ 195.00 $ 430.00 $ 545.00 $ 1,495.00 $ 340.00 $ 395.00 $ 520.00 $ 445.00 $ 1,245.00 $ 245.00 Ward 3/ Councilmember Mike Maaaard 29. 6012 Dorset Dr. 146-533-13 $ 448.83 September 13, 2006, 2:01 PM P:\admin.doc,SepI.27.doc ADMINISTRATIVE REPORT Page 3 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 had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. September 13, 2006, 1 :46PM P:\admin.doc,Sept.27.doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: \~. i. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD September 14,2006 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving application proposing proceedings for annexation nin abited territory to the City identified as Annexation No. 526 consisting of 89.98 acres, located south of Redbank Road, east and west of South Fairfax Road, and north of East Wilson Road. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexation is identified as Annexation No. 526 consisting of 89.98 acres. The annexation is adjacent to the City limits and within the City's Sphere of Influence boundary. The property owner has consented to annexation. The property owner proposes to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." CG:dc S:\Annexation\Res of Applic\Admin Draft 9-27-06 526.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: \J. {. v TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory, Area 3-56 (McKee, Ashe SE) to the Consoli ed M intenance District and confirming the assessments, approving the Public Works Director's eport and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On September 13, 2006 the Council adopted Resolution of Intention No. 1484 to add territory, Area 3-56 (McKee, Ashe SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No's. 6757, 6758, and 6759. Area 3-56 is generally bounded by McKee Road on the north, Mountain Ridge Drive on the east, a line approximately 1,300 feet south of Taft Highway on the south and Ashe Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. mr MD3-56_Esl.dot ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: IJ .Ie TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 14, 2006 CITY MANAGER SUBJECT: Resolution adding territory, Area 4-61 (College, Flintridge NE) 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 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On September 13, 2006 the Council adopted Resolution of Intention No. 1482 to add territory, Area 4-61 (College, Flintridge NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No. 11513. Area 4-61 is generally bounded by a line approximately 208 feet north of College Avenue on the north, a line approximately 330 feet east of Flintridge Drive on the east, College Avenue on the ~outh and a line approximately 120 feet east of Flintridge Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-61_Est.dot ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: IJ. I. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER onsolidated ublic Works County Tax SUBJECT: Resolution adding territory, Area 4-62 (Morning, Alfred Harrell SW) t e Maintenance District and confirming the assessments, approving he Director's Report and authorizing collection of assessments by the Ker Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On September 13,2006 the Council adopted Resolution of Intention No. 1483 to add territory, Area 4-62 (Morning, Alfred Harrell SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No. 11464. Area 4-62 is generally bounded by Alfred Harrell Highway on the north, Morning Drive on the east, a line approximately 2,640 feet south of Alfred Harrell Highway on the south and a line approximately 2,640 feet west of Morning Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-62_Est.dot ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I~.m. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 13, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1487 to add territory, Area 4-63 (Texas, st Consolidated Maintenance District and preliminarily adopting, confirming Public Works Director's Report. (YVard 1). REOOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map No. 11548 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-63 is generally bounded by Texas Street on the north, a line approximately 660 feet east of Mt. Vernon Avenue on the east, a line approximately 660 feet south of Texas Street on the south and a line approximately 130 feet west of Easter Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr September 13, 2006, 9:39AM MD4-63Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: Id.. n. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 13, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1488 to add territory, Area 3-57 (Berkshire, ibl Consolidated Maintenance District and preliminarily adopting, confirming a Public Works Director's Report. (Ward 7). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6919 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 3-57 is generally bounded by a line approximately 660 feet south of Berkshire Road on the north, a line approximately 300 feet east of Wible Road on the east, a line approximately 1,080 feet south of Berkshire Road on the south and Wible Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. mr September 13, 2006, 1 0:29AM MD3-57Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: \0}. 0 . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 8, 2006 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1486 to order the vacation of portions of Owe Str t, East 19th Street, and the Alley, located at the Northwest corner of East Truxtun Avenue and Gage Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from Ben Dominguez, president of Oasis Air Conditioning, to vacate portions of Owens Street, East 19th Streett and the Alley, located at the Northwest corner of East Truxtun Avenue and Gage Street. Both East 19 h Street and Owens Street would remain intact and accessible with the exception of gates at both ends of East 19th Street. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. PG&E requests the City to reserve an easement for their facilities within the vacation area. Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of October 25, 2006, on the proposed vacation. September 13, 2006, 1:12PM G:\GROUPDA l\ADMINRPT\2006\09-27\ROI 1486 admin ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: \:l.C). , TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6333 Phase 1 located East of South Union Avenue on East Panama Lane (Ward 1) 2. Final Map and Improvement Agreements with Centex Homes for Tract 6491 Phase 2 located North of Taft Highway (Hwy 119) East of Ashe Road. (Ward 6) RECOMMENDATION: Staff Recommends approval of the maps and agreements. . BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs September 13, 2006, 9:19AM G:\GROUPDAl\AOMINRPT\2006\09-27\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ. . TO: FROM: DATE: Honorable Mayor and City Council W. R. Rector, Chief of Police September 7,2006 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Bakersfield City School District to receive $40,000 for servic p suant to the Safe Schools/Healthy Students Initiative ("Connecting Communities Program" . 1. Appropriate $40,000 Federal grant revenues to the Police Department budget in the General Fund for additional overtime costs. RECOMMENDATION: Staff recommends the approval of this agreement and appropriation. BACKGROUND: The Bakersfield City School District (BCSD) has been awarded Federal grant funds pursuant to the Safe Schools/Healthy Students Initiative ("Connecting Communities Program"). The Connecting Communities Program enables the BCSD to partner with local law enforcement and mental health agencies to provide services in an effort to reduce violence and increase school safety among BCSD students. As part of this program the BCSD has requested the Bakersfield Police Department provide the following additional services to the ongoing School Resource Officer (SRO) Program: · Training SROs in the Safe School Ambassadors Program · Training SROs in Building Effective School Teams Program · Provide SROs for Initiative related evening and weekend events · Expand the Junior Police Academy into one BCSD School Campus The services stated above will result in additional overtime costs, and will therefore necessitate an appropriation to the Police General Fund Budget. All of the services stated above are in addition to the SRO Program currently funded in part by a grant from the Federal COPS Office. P:\ADMIN RPT - BCSD SAFE SCHOOLS GRANT 09-06.doc 91712006 2:13 PM ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I;), . r~ TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 13, 2006 DEPARTMENT HEAD CITY ATTORNEY .I CITY MANAGER SUBJECT: Agreement with Centex Homes to purchase real property located west of 8 and north of Panama Lane for $110,000 for a water well site. (Ward 5) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring a single family lot to construct a domestic water well site. The purchase price of $110,000 represents the property's fair market value as established by an independent appraisal prepared by Karpe, Fisher, Merriman, Inc. A Phase I Environmental Site Assessment has been completed by the Seller. Also, the Planning Department will be asked to find this acquisition consis~ent with the Metropolitan Bakersfield 2010 General Plan. September 13, 2006, 8:29AM P:\MyFiles\Admin Reports\Centex.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent ITEM: l.:l.~. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley Grady, Development Services Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER September 7, 2006 SUBJECT: Agreement with Riverlakes 'Crove, LLC for maintenance of the un retention basin located at 3013 Calloway Drive. (Ward 4) RECOMMENDATION: Staff recommends acceptance of maintenance agreement. BACKGROUND: Michael Walker, contractor and owner, proposed an underground retention basin to dispose of on site storm waters located at 3013 Calloway Drive. An underground retention basin is a new product constructed within the City. The property does not drain since the grade elevations are below the street level. The underground drainage system is an alternate to a retention basin and allows parking at the surface. The agreement will address two concerns. First, the State of California recently enacted regulations to control the method storm waters are disposed. Second, Bakersfield climatic conditions cause fine particles, silt, to infiltrate a system. A retention system may fail if the silt is not periodically removed. Discussion between Public Works and Building Departments decided that a five-year trial period maintenance program by the owner and under City review is necessary to determine if this type of system will function properly in our area. If any problems are encountered with this system, the owner would be required to connect to nearby private sump. Outcome of this trial period will aid in development of future City Ordinances relating to this type of drainage system. September 8.2006, 8:57AM C:\Documents and Sellings\sewing\My Documents\Walker Admin.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: tel. t": TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY FROM: Donna L. Kunz, Economic Development Director CITY MANAGER DATE: September 13, 2006 SUBJECT: Agreement with City of Bakersfield, County of Kern, Pacific Gas and Ele Ie Southern California Edison Company, and Southern California Gas Company to Bakersfield and Kern County Energy Watch Program. (All Wards) RECOMMENDATION: Staff recommends approval. BACKGROUND: At the April 27, 2005 City Council meeting, an Agreement was approved between the County of Kern, Pacific Gas and Electric Company, Southern California Edison Company, Southern California Gas Company, and Staples/Hutchinson and Associates, (Partnership) to implement the Bakersfield/Kern County Energy Watch program. The Energy Watch program was funded in January 2003 with a $5.5 grant awarded by the California Public Utilities Commission (PUC) for energy conservation programs for commercial and residential users in Bakersfield and Kern County (Bakersfield and Kern County Energy Watch Program). PG&E (lead agency) and Staple/Hutchinson and Associates (consultant) submitted a two-year application and in December 2003 the Bakersfield/Kern County application was awarded $5.5 million. The majority of the grant funds were used by utilities to market the Energy Watch Programs in Bakersfield and Kern County by providing direct install services and other energy saving improvements to nearly 10,000 residential and commercial utility customers. A portion of the grant funds were allocated to both the City and County to make energy savings to their respective public facilities. The program allowed energy improvements to be completed at the Convention Center, the Ice Center, Centennial Garden, the 18th and Eye Street Parking Garage, Fire Station #1 and the Corporation Yard building. The Bakersfield/Kern County Energy Watch Program was so successful that when the partnership reapplied for the next funding round, the PUC awarded the Program $9.14 million for a total of three years. This agreement basically is a master agreement for the overall implementation of the Energy Watch activities in Bakersfield and Kern County. A more specific agreement (the Retrofit Agreement) will be developed separately to address the actual scope of work, locations and the anticipated energy savings of each project. S:\Admins\City Council\City Council Admins 2006\PG&E Energy Eff Grant Agree.doc 9/13/2006 4:49 PM ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: \~. u.. . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director September 15, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment/Zone Ch eN. 06- 1002) (Sports Village Project), generally located on the north side of Taft Highway between Gosford Road and Ashe Road. rNard 6) 1. Agreement with Impact Sciences, Inc. ($259,210.00) to prepare EIR. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City of Bakersfield is proposing a General Plan Amendment/Zone Change on approximately 222 acres of City-owned property generally located on the north side of Taft Highway between Gosford Road and Ashe Road to accommodate development of the City of Bakersfield Sports Village Project. The Sports Village Project consists of a 163-acre recreation facility, 37 acres of commercial development at the Taft Highway/Gosford Road and Taft Highway/Ashe Road intersections, a 19-acre City maintenance yard, and a 3-acre site to potentially accommodate a fire station and police substation. This agreement sets forth the scope of services for the preparation of an EIR for the Sports Village Project by Impact Sciences, Inc. The Sports Village is a CIP Project in the Fiscal Year 2006-2007 Budget; sufficient funding has been programmed for the preparation of the EIR. PH - S:\GPA 1st 2007\06-1002 sports Village\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I~. V. TO: Honorable Mayor and City Council DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: State Route 178 at Morning Drive Interchange. (Ward 3) FROM: DATE: Raul Rojas, Public Works Director August 28, 2006 1. Cooperative Agreement ($75,000.00) between Caltrans and City of Bakersfield to expand the Project Study Report (PSR) Caltrans is preparing to include the extension of SR178 to Canteria Road. 2. Reimbursement Agreement ($75,000.00) with Mountain View Bravo, LLC (City in the Hills) for the cost of expanding the PSR. 3. Appropriate $75,000.00 developer share of project cost to the Capital Improvement Program within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: Caltrans has been preparing the initial planning document (PSR) for the interchange at SR178 and Morning Drive since last year. The easterly limit identified in their document for the widening of SR178 that was to be built with the interchange was about one-half mile east of Morning Drive. City in the Hills has the requirement that by 50% build-out of their development, 4 lanes for SR 178 from their development (across from the former Mesa Marin Racetrack) west to Fairfax Road be in place. In order to complete the widening of the portion of SR178 between the limits of the Morning Drive Interchange PSR and their development, City in the Hills would have to pursue a second PSR. A meeting was held between City in the Hills and their consultants, Caltrans, and the City. It was determined that it would be quicker to include this SR178 segment into the PSR Caltrans was preparing now instead of the City in the Hills having a second PSR prepared. All parties agreed to coordinate efforts and request that Caltrans increase the project limits to include SR 178 to Canteria Road, City in the Hills westerly boundary. Caltrans estimates that it will cost an additional $75,000 to complete this work, and Caltrans will be reimbursed by the City of Bakersfield with funds collected from City in the Hills in accordance with the agreements. September 15, 2006, 10:10AM Tdw:G:\GROUPDA T\ADMINRPT\2006\09-27\ 178 Morning Cooperative Agr(3).doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: I;;}. ,^,. TO: Honorable Mayor and City Council FROM: DATE: Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER September 20, 2006 SUBJECT: Agreements with Goodwin Proctor LLP, disclosure counsel, for legal Assessment Districts: a. Continuing disclosure matters in various Assessment Districts (various Wards); b. Agreement not to exceed $39,000 (Ass't. Dist. 05-2, generally located in the Alfred Harrell Highway/Masterson Street area) (Ward 3); c. Agreement not to exceed $39,000 (Ass't. Dist. 06-1, generally located in the Ming Avenue/Gosford Road; Reina Road/Allen Road areas) (Ward 4). RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: The City retains services of disclosure counsel for assessment districts. The fees for disclosure counsel are paid entirely with assessment district funds. The City has retained the services of Attorney Bruce Graham as disclosure counsel. Mr. Graham was with the law firm of Pillsbury Winthrop and recently moved to the law firm Goodwin Proctor. The City currently has disclosure counsel agreements with Mr. Graham's previous law firm, Pillsbury Winthrop, for Assessment District 05-2 and for continuing disclosure matters. The City wishes to continue its relationship with Mr. Graham and therefore needs to adopt agreements with his new firm, Goodwin Proctor, for disclosure counsel services for these matters. In addition, the City wishes to retain Mr. Graham's services for Assessment District 06-1. RMS:lsc September 20, 2006. 11 :53AM S:\COUNCIL \Admins\06-07 Admins\DisclCounselGraham .AD05-2,06-1.dot ADMINISTRATIVE REPORT MEETING DATE: September 27.2006 AGENDA SECTION: Consent Calendar ITEM: 1:.1.)('. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director A~VED DEPARTMENT HEAD /If<' CITY ATTORNEY 110 .J CITY MANAGER September 20, 2006 SUBJECT: Refuse Collection Services: 1. Agreement with Kern Refuse Disposal, Inc. regarding Refuse Collectio 2. Resolution Consenting to the Assignment of the Rights and Obligations under Agreement 99-329 from Kern Refuse Disposal, Inc. to Metropolitan Recycling Corporation, for existing lease of a portion of City's property located adjacent to the Woodwaste Facility (Ward 1). RECOMMENDATION: Budget and Finance Committee recommends approval of Agreement. Staff recommends adoption of Resolution. BACKGROUND: In 1991, City and Kern Refuse Disposal, Inc. (Contractor) entered into a refuse hauling agreement. When the City required Contractor to convert to automated refuse collection in 1996, the refuse hauling contract was extended from 2005 to the year 2014. Contractor made the request for an extension of the agreement to recapture its investments in new automated equipment. With the end date of 2014 approaching, Contractor has requested another time extension to the year 2025, to continue being able to finance replacement equipment for the hauling contract and to ensure a revenue stream for the Contractor's long-term debt service on a separate construction and demolition material recycling facility. Contractor submitted a written request on January 3, 2006 which was then referred to the Budget and Finance Committee. At the February 8, 2006 Budget and Finance Committee meeting, staff presented a list of items to consider in exchange for the value of the time extension. The Budget and Finance Committee then directed staff to enter negotiations with Contractor. Because the agreement had been amended so many times, the parties agreed to draft an entirely new document. The new agreement was presented to the Budget and Finance Committee on August 28, 2006. The Committee voted to recommend the proposed agreement to the City Council. The refuse collection rates will continue, as in the original agreement, to be adjusted annually according to the consumer price index (CPI) for all urban consumers in the Los Angeles-Orange-Riverside Area. Changes made by this agreement include: 1. Clarification and further definition of what factors may warrant rate changes other than those provided for in the CPL For example, the City and Contractor have had differing views as whether fuel prices and worker compensation costs are reflected in the CPL Clarifications September 20, 2006, 8:31AM G:\GROUPDAT\ADMINRPT\2006\09-27\Refuse Hauling Agreement Extension.doc ADMINISTRATIVE REPORT have been made to protect the City, and a previously used 6% threshold on CPI rate adjustments has been removed to protect the Contractor. 2. Clarification that future refuse cart replacement costs will not warrant a Contractor rate increase. 3. Standardization of a few miscellaneous charges for refuse related services, which have historically varied among the various hauling operators within the contract. This consistency will better serve the public with less confusion over rates for special pick ups and bin deliveries. 4. Finalization of a June 2008 deadline for the Contractor's construction and demolition recycling facility to be fully open to the public, as originally intended by separate agreement in 1999. If the Contractor fails to have the recycling facility open to the public by June, 2008, the extension of the agreement until 2025 ceases to exist and the original agreement termination date of June 30,2014 is reinstated. 5. Simplification of the method by which the City maintains a 50 percent distribution of hauling services between municipal and contractor collection operations. 6. Determination that future waste collection program changes, if needed, shall have rates based on City cost studies with input from contractor. 7. Broadening of an existing clause which allows rate adjustments (up or down) based on landfill distance, to include provision for the distance to refuse transfer stations or recycling facilities which the City may require the use of. The method for automatic annual rate adjustment, based on the CPI, will continue for the term of the agreement, committing the City until 2025. While this method has resulted in a significant cumulative rate increase over many years, the method is generally more stable than other methods of adjusting for rising operating costs, which may at times cause rate spikes. Additionally, in 1999, the parties entered into a lease agreement, whereby Contractor leased a certain portion of City's property located adjacent to the woodwaste facility. The property was leased so that Contractor could provide a construction and demolition recycling facility. The facility is being managed and operated by a corporation known as Metropolitan Recycling Corporation (MRC). MRC is made up of the same entities which comprise Contractor's corporation. Contractor desires to assign its rights and obligations in that lease to MRC. The lease agreement requires City to approve such an assignment in writing. js/kb September 20, 2006, 8:31AM G:\GROUPDAT\ADMINRPT\2006\09-27\Refuse Hauling Agreement Extension.doc ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: I~. _ TO: Honorable Mayor and City Council CITY MANAGER FROM: DATE: Donna L. Kunz, Economic Development Director September 18, 2006 SUBJECT: Agreement with Bakersfield Senior Center, Inc. $50,000 Community Devel Grant funds for operational expenses at 530 4th Street. (WARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Since 1983, the Bakersfield Senior Citizen Center (BSC), a 501 (c) (3) non-profit corporation, has been providing senior service$ at 530 4th Street. The center provides a variety of services including health screening, food distribution, senior advocacy and human service referrals, senior fitness and computer training programs. In addition they provide other recreational, social, educational, and vocational training activities for seniors of the Greater Bakersfield Metropolitan Area. Over the last 23 years, Community Development Block Grant (CDBG) funds have been used to expand and maintain the facility. During the last several years, a continued reduction of donations and lack of successful fundraisers has continued to impact the operations. At the October 4, 2001 Budget and Finance Committee meeting, it was recommended that the City provide BSC with funds required to pay the expenses to operate the facility from June 2001 to July 2002 for a one-time contribution of $50,000 of Council Contingency funds. That recommendation was approved by the City Council at their October 10, 2001 meeting. In addition, it was recommended that BSC apply for CDBG funds in subsequent years which it has continued to do. BSC received CDBG funds in FY2003-04, 2004-2005 and 2005-06 which were all used to meet the daily operational expenses for each of those fiscal years. BSC is asking, once again, for operating funds to meet the increasing costs of delivering services to the senior citizens in their service area. The center has maintained an average membership of 400 seniors over the age of 60. The proposed agreement will provide $50,000 to assist in providing senior services at the BSC facility. The Bakersfield Senior Center has submitted a proposed operating budget for the next 12 months of $120,500 including this grant. S:\Admins\City Council\City Council Admins 2006\BSC 06-07 Admin.doc 9/18/2006 3:18 PM ADMINISTRATIVE REPORT MEETING DATE.: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: \~. '1-. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED ?v- September 7,2006 CITY ATTORNEY CITY MANAGER SUBJECT: Amendments to agreements and appropriation of funds regarding the Vehicle Recreation Project: 1. Amendment No. 2 to Agreement No. 04-323 with Michael Brandman and Associates for $59,235 for preparation of an Environmental Impact Report. 2. Amendment No.3 to Agreement No. 04-102 with the State of California Department of Parks and Recreation to increase the amount of the grant by $200,000. 3. Appropriate $200,000 State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget within the Recreation Facilities Fund for securing approval of an Off Highway Vehicle Park. RECOMMENDATION: Staff recommends approval of amendments to the agreements and appropriation of funds. BACKGROUND: These amendments to the agreements are necessary as the there are changes in the scope of work relating to the preparation for the proposed EIR for Off Highway Vehicle Park. The changes are primarily related to additional work relating to completion of certain components in the final report and in response to services related to the acquisition of lands. The original agreement with Michael Brandman and Associates for environmental work was entered into on November 3,2004 in the amount of $315,090. On March 22, 2006 the agreement was amended for an additional $197,950 (total of $513,040) in response to an increase of over 200% in the size of the project area. With this second contract amendment, the total contract amount with Michael Brandman and Associates will be $572,275. The California State Department of Parks and Recreation is increasing the grant amount by $200,000 to offset the costs for the amendment to the contract with Michael Brandman and Associates and to offset costs associated with other components of the project. ADMINISTRATIVE REPORT Page 2 On April 14, 2004 the City Council adopted a resolution to receive $500,000 in state funds for preliminary work necessary to site a new Off Highway Vehicle Park. These funds are from two state sources, $98,000 from the Off Highway Motor Vehicle Recreation Division and $402,000 from the Department of Parks and Recreation. The $98,000 from the Off Highway Motor Vehicle Recreation Division has been fully expended. On December 15, 2005, the grant with the Department of Parks and Recreation was amended by $10,668 for the completion of survey work, and on March 22, 2006 the grant was amended by $197,950 for environmental work relating to the larger site area. With this third amendment of $200,000, the total funding from the State of California's Department of Parks and Recreation is $810,618. This brings the total funding received from the State to $908,618. This amendment is necessary to cover additional work required to respond to State concerns primarily connect to archaeology and to finish land acquisition activities. The amount and focus of the additional work is at the request and direction of the State of California. This project is the result of considerable local interest in replacing areas in northeast Bakersfield historically used for off-road riding. To date an Off Highway Vehicle Park has been optioned, a park designed, environmental studies are underway and a stake-holder group meets monthly to provide direction for the project. Public access to the site from Round Mountain Road remains unresolved but staff is working diligently to address this issue. There have been no new Off Highway Vehicle Parks created in the State of California in more than 25 years. MADs - OVHP No 4\COF Grant Admin Amend No 3.doc R1 @ 9/13/2006 3:32 PM ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I~. o.a... TO: FROM:. DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Reject all bids for the Beach Park Irrigation Supply Refurbishment Project (P6C108). (Ward 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were issued for the Beach Park Irrigation Supply Refurbishi~ Project. The work consists of demolishing the existing pump station and appurtenant equipment and installing new equipment. Two bids were received and both exceeded the budgeted amount. Staff recommends rejection of the bids. Staff will amend the specifications and re-bid the project in an effort to obtain bids that are in line with the budget for this project. ! Purchasing Division DW:ljm S:\PURCHIADMIN\Reject Bids - Beach Park Irrigation Supply Refurbishment Project (P6C108), 06-07-22, September 27, 2006.doc September 14, 2006 ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Consent Calendar ITEM: \J. bb. FROM: DATE: Raul M. Rojas, Public Works Director September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council SUBJECT: Accept Base Bid and Additive Alternate NA" and award contract to Nich s Inc. ($341,484.00) for the Canal Culvert Reconstruction at Two Locations alon Canal- Branch 1 (Ward7). RECOMMENDATION: Staff recommends acceptance of low base bid plus additive alternate NA" and award of contract. BACKGROUND: This project is for canal culvert reconstruction at two locations along the Kern Island Canal - Branch 1. The two locations are at Hughes Lane and McCourry Street. This project consists of replacing two existing deteriorated corrugated metal pipe culverts with two precast reinforced concrete box culverts, complete with their appurtenances. In order to construct this project within the window of opportunity provided by Kern Delta Water District, staff determined it was necessary to have the culverts manufactured by precast method. The culvert materials will be provided by the manufacturer under a separate contract, which was awarded by Council on August 30 2006. The recommended contract with Nicholas Construction is for the installation of those culvert boxes. Funds were budgeted in FY 2005/2006 with the plan that City crews would construct this improvement. However, City crews were not able to schedule this project (for both culverts) due to other work load requirements. Therefore, additional funding was budgeted in FY 2006/2007 for construction through the bidding process. Sufficient funds are available in the project account for this award. On September 8,2006, four (4) acceptable bids to reconstruct the canal culverts were received as follows: Nicholas Construction, Inc. 1975 Airport Drive Bakersfield, CA 93308 (County) in the amount of Sub-Total Base Bid Total Base Bid plus Additive Alternate NA" $216,776.00 $341,484.00 Cora Constructors, Inc. . 42240 Green Way, Suite A Palm Desert, CA 92211 (Out of town) in the amount of Sub-Total Base Bid Total Base Bid and Additive Alternate NA" $227,400.00 $365,740.00 September 13.2006. 3:56PM G:\GROUPDA T\ADMINRPT\2006\09-27\Kem Island Canal Culvert Reconstruction.doc ADMINISTRATIVE REPORT S.P. Pazargad Eng. Const, Inc, 7120 Hayvenhurst Avenue, #108 Van Nuys, CA 91406 (Out of town) in the amount of Sub-Total Base Bid $287,000.00 Total Base Bid and Additive Alternate MA" $433,999.00 Granite Construction Co. 555 W. Beach Street Watsonville, CA 95076 (Out of town) in the amount of Sub-Total Base Bid $319,000.00 Total Base Bid and Additive Alternate MA" $478,166.00 PtN EngrCmw T7K146 September 13. 2006, 3:56PM G:\GROUPDAT\ADMINRPT\2006\09-27\Kem Island Canal Culvert Reconstruction.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I ~ . c.c., . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 31, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER i/LVED t SUBJECT: Sewer Reconstruction on Brundage Lane and on "L" Street. (Ward 1): 1. Accept bid and award contract to Griffith Company ($7,760,911). 2. Transfer $ 5,200,000 from a Capital Improvement Project (Sewer Rehabilitation _ Gosford Road) to this project within the Sewer Enterprise Fund (Wastewater Treatment Plant 2). RECOMMENDATION: Staff recommends acceptance of low bid, award of contract and approval of transfer. BACKGROUND: This project consists of replacing two existing deteriorated main sewer lines of various sizes, along Brundage Lane, between ilL" Street and Mount Vernon Avenue, and on ilL" Street between Brundage Lane and California Avenue, complete with manholes and connections to existing collector sewer lines. The existing main sewer lines will be removed as the new sewer lines are constructed and placed in operation. . These sewer lines were built in 1912 and are made of reinforced concrete pipe. These sewer lines are deteriorated and the Public Works Department has deemed it necessary to replace them as soon as possible. Additional funding is required for the cost due to the additional work needed on these sewer lines. A portion of this project was budgeted in the previous fiscal year, and additional funding is proposed in the 10-year plan. The Sewer Rehabilitation - Gosford Road project, although budgeted in this fiscal year, its construction contract will not be awarded until FY 07/08. Therefore, staff recommends transfer of funds from the Gosford Road Sewer project to the Brundage Lane and L Street Sewer project, and that the Sewer Rehabilitation - Gosford Road project be rebudgeted next year. Four acceptable bids were received on August 30, 2006, as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of $7,760,911.00 cmw September 15. 2006. 9:04AM G:\GROUPDA T\ADMINRPT\2006\09-27\Brundage and L Sewers. doc ADMINISTRATIVE REPORT Mountain Cascade Inc. 555 Exchange Ct. Livermore, CA 94550 (Out of town) Floyd Johnston Construction 2301 Herndon Avenue Clovis, CA 93611 (Out of town) W. M Lyles Company 1210 W. Olive Avenue Fresno, CA 93728 (Out of town) in the amount of $8,075,904.00 in the amount of $8,840,580.00 in the amount of $13,275,417.00 cmw September 15. 2006. 9:04AM G:\GROUPDAT\ADMINRPT\2006\09-27\Brundage and L Sewers.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I .d . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Pendpac, Inc. in the amount of $417,337.23 for four (4) p cker bo automated side arms. (City Wide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were issued for providing four (4) packer bodies with automated side arms. Pendpac, Inc. submitted the sole bid. The packer body specifications are stringently written to ensure performance and there are only two companies on the west coast who are able to meet the City's specifications and requirements; one of the companies elected not to submit a bid due existing manufacturing commitments. Staff finds the bid acceptable and recommends award of the bid to Pendpac. Inc., Fairview. Oklahoma in the amount of $417,337.23. Purchasing Division OW S:\PURCH\ADMIN\Packer Bodies, 06-07-24, September 27, 2006.doc Created on 9/14/2006 10:04:00 AM ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: la. e(.,. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Communication Enterprises, Inc. in the amount replacement mobile radios. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to five (5) suppliers for providing replacement mobile radios to be used by the Public Works Department. Four (4) bids were received in response to solicitation and are as follows. BIDDER AMOUNT $49,495.95 Communication Enterprises, Inc. Bakersfield, California SC Communications, Inc. Bakersfield, California National Radio Houston. Texas $52,144.95 $57,700.50 Motorola, Inc. Bakersfield, California $66,971.40 Staff finds the low bid to be acceptable and recommends award of the bid to Communication Enterprises, Inc., Bakersfield, California. Purchasing Division OW S:\PURCHIAOMIN\Motorola Radios, 06-07-27, September 27, 2006.doc September 14, 2006 ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I ~ . fF.. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED September 14, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $61,253 Transient Occupancy Tax fund balance to the n-De artmental operating budget and authorize payment to the Convention and Visitors Bureau. RECOMMENDATION: Staff recommends approval of appropriation and payment to the Convention and Visitors Bureau. B~CKGROUND: On March 20, 2002 the City Council approved agreement No. 02-076 with The Greater Bakersfield Convention and Visitors Bureau (CVB) for the purpose of promoting the City. This contract established the City's commitment to pay the CVB 11% of the Transient Occupancy Tax (T.O.T.) realized by the City for the fiscal year that services are received. The City renewed it's commitment on July 19, 2006 approving agreement No. 06-201. Due to the delay in receipting T.O.T. revenues after June 30, the City advanced monthly payments based on budgeted T.O.T. of $6.9 million with a reconciliation payment to the actual revenues totaling $7,456,838 for the 2005-06 fiscal year. Therefore, the CVB is due $61,253 which equals 11% of the $556,838 difference between the budgeted and actual T.O.T. revenues. S:\Admin\Tot-Cvb\Admin- TOTappropCVB2006.doc ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Consent Calendar ITEM: I~. DATE: Honorable Mayor and City Council . / Janet McCrea, Acting Human Resources Manage() DEPARTMENT HEAD September 15,2006 CITY ATTORNEY 17"11/5 CITY MANAGER APPROVED TO: FROM: SUBJECT: Revised Job Specifications 1. Revised Job Specifications: Communications Technician 1/11 RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the Public Works Operations Manager and the Telecommunications Coordinator, the job specifications for Communications Technician 111I have been reviewed and revised. Specifically, the specifications have been revised to reflect changes in requirements from the Federal Communications Commission (FCC) which no longer requires the FCC General Radiotelephone Operator License, the APCO and the NABER Certifications. Additionally, the Communications Technician II jOb specification has also been updated with language which includes the installation and maintenance of local government television equipment. CCAPE concurs with the proposed job specifications revisions. There is no budgetary impact as the salary will remain the same. The revised job specifications will be presented by the Miscellaneous Civil Service Board at their September 19, 2006 meeting. (pr) S:\ADMINRPliCommunications Tech 1-II.doc 9/15/2006 8:49 AM ADMINISTRA TIVEREPORT MEEnNG DATE: September 27,2006 AGENDA SECTION: Hearings ITEM: \ a . a.. . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director September 1, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider Resolution ordering the vacation of the turna nds t the end of the alleys on Tract 3513, located at the Northwest corner of Columbus Street and Christmas Tree Lane. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Tt:le City of Bakersfield has received a request from Dewalt Corporation, on behalf of 4200 Panorama LLC, to have the turnarounds at the end of the alleys on Tract 3513, located at the northwest corner of Columbus Street and Christmas Tree Lane, vacated. Per the Conditions of Approval for Vesting Tentative Tract 6543, Public Works stated to have those portions of the two existing alleys that will be within future lots, vacated. Said alleys will be connected in conjunction with Tract 6543. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on July 31, 2006 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CECA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1478 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of August 16, 2006. September 1, 2006, 4:18PM G:\GROUPDA1\ADMINRPT\2006\08-16\ROI1478 final admin ADMINISTRATIVE REPORT Notice of this public hearing has been duly advertised and posted as required by law. September 1, 2006, 4:18PM G:\GROUPDAT\ADMINRPT\2006\08-16\ROI1478 final admin ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Hearings ITEM: \ ~ . b. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 1, 2006 SUBJECT: Public Hearing to consider Resolution ordering the vacation of a po ion of he sewer easement located south of 16th Street, between Pine Street and Myrtle Street. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from Scott Wesley, LLC (Applicant) to have a portion of the sewer line easement, located south of 16th Street, between Pine Street and Myrtle Street, vacated. A building was constructed where the existing sewer line is located. The applicant has realigned the sewer line and has dedicated a sewer line easement to the City. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on July 25, 2006 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1477 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of August 16, 2006. Notice of this public hearing has been duly advertised and posted as required by law. September 1, 2006, 3:06PM G:\GROUPDA nADMINRPT\2006\09-27\ROI 1477 final admin ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Public Hearing ITEM: ILI.a.. TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: September 19, 2006 SUBJECT: Resolution Approving the Sale of Real Property located on Baker Street betwee ent ky, Lake, Kern and King streets by the Bakersfield Redevelopment Agency for $1. 0 to Baker Street Village, LLC. (Ward 2) 1) Transfer $300,000 Capital Improvement Project Funds to the Economic and Community Development HOME Fund. RECOMMENDATION: Staff recommends adoption of resolution and approval of transfer. BACKGROUND: To provide the legal framework for planning and encouraging redevelopment activities in the Baker Street area and surrounding neighborhoods, the Bakersfield City Council approved and adopted a redevelopment plan for the Old Town Kern-Pioneer Redevelopment Project Area on June 30, 1999. The Bakersfield Redevelopment Agency is leading the current neighborhood revitalization effort. Two years ago, the City, Baker Street area business owners, residents and other interested parties participated in a neighborhood design and visioning planning process on and around Baker Street that helped develop the Baker Street Comprehensive Economic Development Strategy. Participants planned and designed projects they believed would improve the quality of life and bring economic vitality to the area. They conceptualized projects that incorporated smart growth ideas, stressing urban infill of mixed character and use. The redevelopment of the blocks between Kentucky, Lake, Kern and King streets was identified as a top priority in the strategy. This key project planned for innovative urban housing opportunities mixed with lively new neighborhood commercial and retail opportunities. PROJECT DESCRIPTION: Over the past two years, the Redevelopment Agency has been diligently assembling nearly two blocks of land (6.6 acres) that included fifteen properties required for this mixed use project. The site is bounded by Lake, King, Kentucky and Kern streets. The Agency acquired fifteen properties, relocated ten businesses, two residential occupants and demolished vacant and substandard buildings in preparation for this project. The project site is now mostly vacant with only the Coronet building remaining. The Coronet will be S:\Admins\City Council\City Council Admins 2006\Baker Street Admin CC for 33433 hearing.doc 9/19/20061:15 PM ADMINISTRATIVE REPORT Page 2 renovated and incorporated into the new redevelopment project plan as a mixed use residential and commercial building. "Baker Street Village" will be developed by the Triumph Companies in partnership with the Agency and the City of Bakersfield. Triumph Companies will be responsible for the development, construction and lease of 54,000 square feet of new retail space in five new buildings, and the rehabilitation of the Coronet, a 20,000 square foot, 2 story building/with basement of which a portion has been vacant for a number of years. The proposed project also includes 32 new lofts to be built over three of the new retail buildings, 22 flats and loft condominium units and 30 new town homes. The Project is planned as a mixed-use commercial and housing development with retail and service business tenants that will provide neighborhood services to the immediate community. In addition, the Project will create at least 106 new jobs for low- and moderate-income people. The job creation goal is a part of the Agreement. ' Project Features: Baker Street Village will include three distinct urban style housing components available to a range of income levels various and commercial venues as detailed below: A. Three bedroom -2.5 bath town homes (Buildings A and D) along the northern portion of King Street and turning the corner on Lake Street to the west side of Baker Street. These town homes will have a pedestrian friendly scale contributing to the urban fabric by closely hugging the street edges and activating the sidewalks. This will encourage pedestrian movement along Lake Street toward the Baker Street s,hopping district. B. Two story-for sale loft units [on top of single level of retail (Buildings Band C and F)l will be located directly on Baker Street. These buildings along with the formerly known Coronet building and Buildings G and H solidify the beginnings of an urban core along Baker Street. It is expected that many of the loft units will be owned by business owners on the ground floor of these buildings. The retail portion of buildings B, C, and F will satisfy the immediate needs of the neighborhood as well as the through traffic on Baker Street. These will be businesses such as cafes, flower shop, nail salon, sandwich shop, dry cleaners, bakery, mini-markets, specialized boutiques, restaurants, etc. Additionally, the Coronet building will be renovated and modernized into a true mixed use building with a large retail tenant on the ground floor and office use on the second floor, and will act as a connector between buildings C and F to maintain the continuity and the critical mass of the retail along Baker Street. C. Buildings G and H are both single story retail with Building H acting as the generator of the master plan. It is expected for a major chain drug store or smaller market to occupy Building H. Again, both building G and H will have frontages as well as their entries on Baker Street maintaining the pedestrian connectivity along this street with parking on the King Street side. Building G (small scale retail) is strategically placed in the belly of Building H (single tenant user) to further animate what might otherwise be a long inactive frontage on Baker Street. D. Building E will be a combination of one bedroom, for sale flats and 1 bedroom plus loft units. This building is located behind building C on the interior of the master plan acting as an additional component further promoting to the vitality of the area. From an urban design perspective, this project is an attempt to activate the sidewalks along all major streets and create a pedestrian friendly scale through the use of existing and enhanced light standards, trees in tree grates, public benches and bus stops as well as enhanced paving pedestrian crossings at all major intersections. The perceived narrowing of Baker Street between Kentucky and Lake remains an objective of the master plan further promoting the "Village" concept idea. Architecturally, Baker Street S:\Admins\City Council\City Council Admins 2006\Baker Street Admin CC for 33433 hearing.doc 9/19/20061:15 PM ADMINISTRATIVE REPORT Page 3 Village will include a mix of compatible styles maintaining the individuality of each component while attempting to maintain a coherent theme throughout. Terms of the Agreement Staff has been negotiating a disposition and development agreement with Mr. Mike Keele, Project Manager for Triumph Companies, for the development and construction of this project. Triumph has obtained the proper zoning and general plan amendment required for this mixed use development during the negotiations. The negotiated terms detailed in the attached Summary Report and Reuse Analysis were the result of the project financial economics and the project quality standards. The Redevelopment Agency approved the Disposition and Development Agreement on September 25, 2006. Below are the key deal points of each party per the agreement: Redevelopment Agency Contributions: ~ The Agency will convey the 6.6 acre site to the developer for $1.00 (value established by summary report and the reuse appraisal based on project economics). ~ Expenditures of $3,147,278 were incurred to acquire property, relocate businesses/residents and demolish substandard structures. ~ The Agency will provide a grant to the Developer for $1,635,000 of HOME Investment Partnership monies to be used towards the residential construction for 31 affordable units restricted to 60-80% of median income. ~ The Agency will provide a grant to the Developer for $1,000,000 of California Housing Finance Agency HELP Loan monies to be used for permits costs, fees, undergrounding of wet utilities and certain off-site costs. ~ The City and its Agency will provide professional housing staff and department management to coordinate the construction development. Home buyer counseling and home purchases will be monitored for affordability and occupancy and maintenance standards to assure the long term success and compliance of the project. Developer Responsibilities: ~ The developer will construct and sell 84 residential urban town homes, lofts and condominium homes ranging in size from approximately 700 square feet to 2,300 square feet. ~ Eight (8) new condominium and loft units over retail will be reserved for families whose incomes do not exceed 60% of median income, 23 new condominium and loft units over retail will be reserved for families whose incomes do not exceed 80% of median income, 22 new town homes, condominiums, and lofts over retail will be reserved for families whose incomes do not exceed 120% of median income, and the remaining 31 town homes and loft over retail will be reserved for market rate. ~ Construct five (5) new commercial buildings to provide various retail space configuration options for potential tenants. Re-use of an existing 20,000 square foot, 2 story vacant building/with basement (formerly the Coronet Building) is also proposed. ~ The developer is to generate 106 jobs, 51% of which are to be provided to low and moderate income persons and many to the future residents. The creation of these jobs should be met in the next three years. S:\Admins\City Council\City Council Admins 2006\Baker Street Admin CC for 33433 hearing.doc 9/19/20061: 15 PM ADMINISTRATIVE REPORT Page 4 >> Total development costs for the mixed-use project are estimated at $29,247,090. The figures include hard, soft and contingency costs for both the retail and housing components. >> Total revenues for the proposed Project are estimated at $31,515,097. Key assumptions include a capitalization rate of 7% for the retail component of the Project and price levels for the residential component ranging from $141,710 for the subsidized, affordable housing units to $300,320 for the market rate housing units. >> The return to the Developer is 8%. This is in the low range of industry standards for a project with the degree of development risks associated with the subject Project. >> Based on the cash flow revenue projections, review of projected development costs and comparisons with other projects, the residual land value of zero dollars ($0) for the Site was calculated at the projected 8% return on cost. The Agency has determined that the Site is being sold for not less than its fair re-use value at the highest and best use permitted under the Redevelopment Plan and the proposed Agreement. >> The project could generate approximately $6.6 million dollars of net tax increment to the Agency's Old Town Kern Redevelopment Project Area over the next 30 years. This value is based on a model 2% annual inflation factor. >> The developer will execute a Completion Guarantee and provide evidence of construction financing prior to the conveyance of the property. The developer assumes all responsibility for construction and sale of the homes. Homebuyers will be eligible to apply for the Housing Urban Bakersfield Downpayment programs. In addition, a special tenant incentive only available to a 25,000 square foot grocery tenant will be established for a total of $600,000 payable in increments from $100,000 - $150,000 annually over a five year period directly to the tenant. This tenant incentive is designed to attract a quality grocery market to the neighborhood which currently has no such amenities. The grocery tenant will also be an outstanding anchor for the project and will help with its long term success. Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of property acquired directly or indirectly with tax increment funds, the agency must sell the property for not less than the fair market value at its highest and best use in accordance with the redevelopment plan, or at a price not less than the fair reuse of the proposed use and with the covenants, conditions and development costs authorized by the sale. A summary report in the format required by Section 33433 has been attached that reflects that the Agency's sales price of $1.00 for the property is not less than the fair reuse value for the DroDosed use and with the reauired covenants and restrictions, and validated in the enclosed reuse analysis that is based on the proposed use. S:\Admins\City Council\City Council Admins 2006\Baker Street Admin CC for 33433 hearing.doc 9119/20061:15 PM ADMINISTRATIVE REPORT MEETING DATE: September 27,2006 AGENDA SECTION: Hearings ITEM: \'1. b . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 19, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity to consider the acquisition by inent omain of property owned by Conoco Phillips Co. (previously Lion Oil Company) for the Westside Parkway RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain property owned by Conoco Phillips Co. (previously Lion Oil Company) located between the Cross Valley Canal and the Kern River. The City of Bakersfield is authorized to acquire property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. BACKGROUND: Before initiating a proceeding in eminent domain, the law requires that the City Council give notice to all owners of the affected property and conduct a hearing to consider: 1 . Whether the public interest and necessity require the project; 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property sought to be acquired is necessary for the project; and 4. Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of the subject property. If, at the conclusion of the hearing, the City Council is persuaded that the requisite findings can be made, the Council may adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a quorum of the members present). If the City Council adopts the Resolution of Necessity, the City Attorney will direct filing a proceeding in eminent domain in the Kern County Superior Court. Questions of valuation will be addressed in court if a negotiated sale and purchase cannot be consummated. On September 12, 2006, a notice was sent to Lion Oil Company, the owner of record, notifying it that a hearing is scheduled for September 27,2006, before the City Council to consider the adoption of a Resolution of Necessity determining these issues. The notice was also sent to Tosco Corporation, successor by merger to Lion Oil Company, and Conoco Phillips Co., successor by acquisition to Tosco Corporation. 840762.1 11282.021 ADMINISTRATIVE REPORT ANALYSIS 1. The public Interest and necessity require the proposed project. The Wests ide Parkway Project wHI create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF railroad bridge and ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the parkway. The Project will also include construction of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways, the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental Impact Report ("Tier 1 EIRlEIS"), which the City Council approved on June 12, 2002. Additional information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft Environmental Impact Report for the Westside Parkway Project, which has been approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works ("Tier 2 EIS/EIR"). Both the Tier 1 EIRlEIS and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program, 1600 Truxtun Avenue, Suite 300. 2. The proposed project is planned and located In the manner that will be most compatible with the greatest public good and least private injury. The expanded capacity and improvement in traffic circulation that will result from the Project will alleviate the congestion and eliminate the limited routing that presently inhibits east- west travel between northwest Bakersfield and downtown and north-south travel from California Avenue to Rosedale Highway. By locating the parkway adjacent to the Kern River and the Cross Valley Canal, the amount of property required for the Project, the impacts on existing land uses in the area, and the cost of acquisition will be kept to a minimum. The subject property is the entirety of APN 502-010-12, a vacant 30.73-acre parcel located between the Cross Valley Canal and the river. The property can currently be accessed via a bridge across the canal and a network of dirt roads crossing adjacent parcels. The chosen alignment of the Westside Parkway crosses the northem edge of the property in order to avoid impacting the Flying J refinery operation on the adjacent parcel and minimize the cost of constructing the parkway. The rest of the Conoco Phillips property will become an uneconomic remnant due to lack of access after the project is completed. 3. The property sought to be acquired is necessary for the project. The property to be acquired includes sufficient width for the construction of the Westside Parkway across the northeast corner of the parcel and the uneconomic remnants that will result from the Parkway's construction. Creation of the uneconomic remnant parcels cannot be avoided because those areas will be completely cut off from street access by the parkway, the elevated approach to the Mohawk Street bridge over the Cross Valley Canal and the river, and the waterways themselves. 4. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. The original offer of $307,500 was mailed to the owner April 1, 2005. Negotiations followed and an oral agreement on a price of $553,140 was reached in November of 2005. However, the corporate property owner subsequently failed to sign a purchase agreement and indicated that it is unwilling to enter into escrow until it resolves other issues over which the City has no control. An updated offer in the amount of $615,000 was sent to the owner on September 7,2006. Multiple phone calls have been made to the owner in an effort to continue negotiations. However, the calls have not been returned. It does not appear that an agreement will be reached in a timely fashion. Therefore, it is necessary to begin the condemnation process without further delay. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain property owned by Conoco Phillips Co. (previously Lion Oil Company) located between the Cross Valley Canal and Kern River. A proposed Resolution of Necessity is attached to this report and includes legal descriptions and plat maps of the property to be acquired. 840762.1 11282.021 ADMINISTRATIVE REPORT MEETING DATE: September 27, 2006 AGENDA SECTION: Hearings ITEM: ILt. c. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney September 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity to consider the acquisition bye nent domain of property owned by Big West of California, LLC (Flying J Oil Refinery) for th Parkway RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain property owned by Big West of California, LLC located west of Mohawk Street and north of the Kern River. The City of Bakersfield is authorized to acquire property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. BACKGROUND: Before initiating a proceeding in eminent domain, the law requires that the City Council give notice to all owners of the affected property and conduct a hearing to consider: 1. Whether the public interest and necessity require the project; 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property sought to be acquired is necessary for the project; and 4. Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of the subject property. If, at the conclusion of the hearing, the City Council is persuaded that the requisite findings can be made. the Council may adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a quorum of the members present). If the City Council adopts the Resolution of Necessity, the City Attorney will direct filing a proceeding in eminent domain in the Kern County Superior Court. Questions of valuation will be addressed in court if a negotiated sale and purchase cannot be consummated. On September 12, 2006, a notice was sent to Big West of California. LLC, the owner of record. notifying it that a hearing is scheduled for September 27, 2006, before the City Council to consider the adoption of a Resolution of Necessity determining these issues. 840735.1 11282.18 ADMINISTRATIVE REPORT ANALYSIS 1. The public Interest and necessity require the proposed project. The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF railroad bridge and ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the parkway. The Project will also include construction of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways, the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental Impact Report ("Tier 1 EIRlEIS"), which the City Council approved on June 12, 2002. Additional information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft Environmental Impact Report for the Westside Parkway Project, which has been approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works ("Tier 2 EIS/EIR"). Both the Tier 1 EIRlEIS and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program, 1600 Truxtun Avenue, Suite 300. 2. The proposed project Is planned and located In the manner that will be most compatible with the greatest public good and least private Injury. The expanded capacity and improvement in traffic circulation that will result from the Project will alleviate the congestion and eliminate the limited routing that presently inhibits east- west travel between northwest Bakersfield and downtown and north-south travel from California Avenue to Rosedale Highway. By locating the parkway adjacent to the river and the Cross Valley Canal, the amount of property required for the Project, the impacts on existing land uses in the area, and the cost of acquisition will be kept to a minimum. An 84.41 gross/79.97 net-acre portion of the Big West property is needed for construction of the parkway, the widening of Mohawk Street, and construction of the grade separation at the Mohawk Street railroad crossing. The subject property consists of portions of APNs 332-260-04, 332-280-28, 502-010-15, 502-010-16, 368-040-32, 502- 010-09,502-010-10, the most southerly and eastern parts of the Flying J oil refinery property. The project alignment was selected after consultation with the former owner of the refinery. The chosen alignments of the new parkway and the Mohawk Street extension will not interfere with the refinery's operation. The areas to be acquired are described and depicted on Exhibits A-1 through E-2 to the proposed Resolution of Necessity that is attached hereto. 3. The property sought to be acquired Is necessary for the project. The property to be acquired includes sufficient width for the widening and improvement of Mohawk Street, and the future interchange between the two. Creation of small, uneconomic remnant parcels south of the parkway cannot be avoided because those areas will be completely cut off from street access by the parkway, the elevated approach to the Mohawk Street bridge over the Cross Valley Canal and the Kern River, and the waterways themselves. 4. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. The owner of record was offered $1,802,300 for the property on January 23, 2006. Following the decision to proceed with acquisition of Alignment 2 and the uneconomic remnants south of that alignment, staff obtained an updated appraisal and submitted an offer of $3,012,300 on September 6, 2006. After an error in this appraisal was discovered and corrected, a revised offer of $3,089,300 was made on September 19th. Active negotiations were previously suspended when the owner's negotiator told City representatives that the owner's attorney decided not to respond to the City's offers until condemnation proceedings begin. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain property owned by Big West of California, LLC located west of Mohawk Street and north of the Kern River. A proposed Resolution of Necessity is attached to this report. 840735.1 11282.18 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 13, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:25 p.m.), Scrivner Absent: None. 2. WORKSHOPS None. 3. PUBLIC STATEMENTS None. 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)( 1 )(3)(A) of Government Code Section 54956.9. (One case) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:16 p.m. APPROVED Motion by Councilmember Couch to adjourn from Closed Session at 6:22 p.m. APPROVED Bakersfield, California, September 13. 2006 - Page 2 RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Reverend Michael Gilton, St. Paul's Episcopal Parish. 7. PLEDGE OF ALLEGIANCE by Marcus Berry, 4th Grade Student at Laurelglen Elementary. Mayor Hall recognized students from Ridgeview High School in attendance at the meeting. 8. CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case) Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al. 9. PRESENTATIONS a. b. a. Presentation by Mayor Hall of Proclamation to Becki Whitson, President, BC Alumni Association, and Sally Hill, Secretary and Chairperson, Renegade BBQ, proclaiming September 10 -16,2006, as "BC Alumni Week". Becki Whitson and Sally Hill accepted the proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 20- October 1,2006, as "Kern County Fair Days". Bill Blair, CEO of the Kern County Fair, accepted the proclamation and made comments. ACTION TAKEN NO REPORTABLE ACTION CITY A TTORNEY GIVEN DIRECTION Bakersfield, California, September 13, 2006 - Page 3 9. PRESENTATIONS continued ACTION TAKEN c. Presentation by Mayor Hall of Proclamation to Eugene Voiland, proclaiming September 14,2006, as "Eugene J. Voiland Day". Eugene Voiland accepted the proclamation and made comments. 10. PUBLIC STATEMENTS a. Manuel Fonseca made comments regarding the Queretaro Sister City Gala Event at the Fox Theatre, Saturday, September 23, 2006 at 7:00 p.m. and invited the community. b. Richard Ramirez spoke regarding hearing impaired services and provided written material; additionally Ritchie Ramirez spoke regarding hearing impaired services. c. Jayme Seeger spoke regarding the Park at Riverwalk, the recent drownings and warning signs. Councilmember Sullivan requested the Community Services Committee address water safety issues at Riverwalk Park. d. Saundra Friedberg spoke regarding the necessity of a speed bump on Quail Park Dr. and submitted petitions. Councilmember Benham requested staff contact Mrs. Friedberg regarding the process for speed bump installation. e. Ron Holbert spoke regarding tent permit fees. Councilmember Couch requested staff address the tent permitting issue and additionally initiate a short term solution for imminent events. f. Dennis Fox requested weed abatement assistance and provided written material. Bakersfield, California, September 13, 2006 - Page 4 11. APPOINTMENTS ACTION TAKEN a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of Richard Hackett whose term expired March 30, 2006. City Clerk McCarthy announced five votes for Patricia Duffell, one vote for Rene Martinez and one vote for John Decker. Motion by Councilmember Couch to appoint Patricia Duffell to the Historic Preservation Commission, term expiring March 30, 2009. 12. CONSENT CALENDAR APPROVED Minutes: a. Approval of minutes of the August 30,2006, Regular City Council Meeting. Payments: b. Approval of department payments from August 18, 2006 to September 1, 2006 in the amount of $13,241,831.36 and self-insurance payments from August 18, 2006 to September 1, 2006 in the amount of $198,722.45. Ordinances: c. First Reading of Ordinance amending Section 17.60.060 B.9 of the Municipal Code relating to signs permitted in the Bakersfield Auto Mall. Adoption of Ordinance amending Chapter 9.23 of the Municipal Code relating to loud and unruly events. FR d. ORD 4372 e. Adoption of Ordinance amending Section 91.12.060 by adding Annexation No. 477 to Ward 6, located east of Ashe Road, generally north and south of Taft Highway. ORD 4373 Bakersfield, California, September 13, 2006 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance approving the Negative ORD4374 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres, R-1-HD (One Family Dwelling-Hillside Development Combining) on 10.2 acres, A (Agriculture) on 30.5 acres, and A-HD (Agriculture-Hillside Development Combining) on 10.1 acres to R-1 on 84.8 acres, R- 1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres located at the northwest corner of Morning Drive and Paladino Drive. (GPAlZC05-1377 and Amendment to Specific Parks and Trails Plan for Northeast Bakersfield) (Applicant: Dunmore Communities/Property Owner: Malladi S. Reddy) g. Adoption of Ordinance approving the Negative ORD 4375 Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 & 102-05 from A (Agriculture) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 25 acres and R-1 (One Family Dwelling) on 40 acres generally located on the east and west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal. (GPAlZC05-1932) (Applicant: SmithTech/USA, Inc.lProperty Owner: Bidart Brothers) h. Adoption of Ordinance amending Title 17 of the ORD 4376 Municipal Code and Zoning Map Nos. 142- 03 & 142-04 from A (Agriculture) to R-1 (One Family Dwelling) on 275.25 acres, from A to R-1/PUD (One Family Dwelling/Planned Unit Development) on 181.81 acres, and from R-S-20A (Residential Suburban 20-acre Minimum Lot) to R-1 on 9.78 acres generally bounded byTaft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and Reliance Drive (future) to the west. (GPAlZC05-0519) (Applicant: Mcintosh & Associates/Property Owner: Santa Barbara Capital) i. Adoption of Ordinance approving the Negative ORD 4377 Declaration amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from E(20)-RS (Estate-20 acres-Residential Suburban Combining) to R-2 (Limited Multiple Family Dwelling) on 28.87 acres located on the southwest corner of Taft Highway and Ashe Road. (GPAlZC05-1917) (Applicant: Marino Associates/Property Owner: Taft 28 LLC) 12. Bakersfield, California, September 13, 2006 - Page 6 CONSENT CALENDAR continued ACTION TAKEN ORD 4378 j. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/ Church Overlay) on 18.43 acres located on the southeast corner of Taft Highway and Gosford Road. (GPA/ZC05-1918) (Applicant: Marino Associates/Property Owner: KC Taft Gosford) k. ORD 4379 Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (Single Family Residential) on 8.92 acres located north of Taft Highway (State Route 119) between Stine Road and Ashe Road. (GPA/ZC05-1479) (Applicants: Mcintosh & Associates, Centex Homes/Property Owners: Kevin E Pascoe & Laura C Pascoe) I. ORD 4380 Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-11 & 124-12 from R-S-1A (Residential Suburban-1 acre Minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban-2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources-5 acres) to R-1 on 5 acres located on the west side of Fairfax Road, south of Redbank Road. (GPA/ZC05- 1783) (Applicant: Mcintosh & Associates/Property Owner: Fairfax Holdings) m. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres located west of Cottonwood Road, between East Panama Lane and Pacheco Road. (GPA/ZC05-0940) (Applicant: Mcintosh & Associates/Property Owners: Patty Smale, Janice Sheldon, William Sheldon and Barbara Sheldon) ORD 4381 12. r. Bakersfield, California, September 13, 2006 - Page 7 CONSENT CALENDAR continued ACTION TAKEN n. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 02-06 from A (Agriculture) to E (Estate Residential) on 32.07 acres and to C-1/PCD (neighborhood Commercial/Planned Commercial Development) on 6.79 acres generally located at the northeast corner of Snow Road and Jewetta Avenue (future). (GPA/ZC05-1928) (Applicant: Porter Robertson Engineering/Property Owner: Todd Sweaney) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No.1 02-04 from A (Agriculture) to R-1 (One Family Dwelling) on 90 acres generally located at the east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal. (GPA/ZC05-1453) (Applicant: SmithTech/USA, Inc/Property Owner: Breckenridge Development Co. Inc) ORD 4383 ORD 4382 o. Resolutions: p. Resolution approving the application for grant funds for the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50). RES 240-06 q. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 503 consisting of 465.15 acres located south of Taft Highway, west of Stine Road and east and west of Ashe Road. RES 241-06 Annexation No. 521 consisting of 9.77 acres located north of Taft Highway approximately 2000 feet west of Stine Road. Annexation No. 536 consisting of 109.86 acres located at the northeast corner of East Panama Lane and South Union Avenue. Resolution authorizing the submission of an application to the California Pollution Control Financing Authority for funding under the California Recycle Underutilized Sites Program for Brownfield projects. RES 242-06 2. 3. RES 243-06 RES 244-06 Bakersfield, California, September 13, 2006 - Page 8 12. CONSENT CALENDAR continued RES 245-06 s. t. u. v. w. Agreements: ACTION TAKEN Resolution approving the sale of real property by the Bakersfield Redevelopment Agency for a small housing project pursuant to Section 33431 of the California Health and Safety Code. Resolution designating Bucheon City, Republic of Korea. a Sister City of the City of Bakersfield. Resolution of Intention No. 1482 to add territory, Area 4-61 (College, Flintridge NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RES 246-06 RO/1482 Resolution of Intention No. 1483 to add territory, Area 4-62 (Morning, Alfred Harrell SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1484 to add territory, Area 3-56 (McKee, Ashe SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1483 RO/1484 x. Tract Map and Improvement Agreements: 1. Final Map and Improvement Agreements with McMillin Tuscany. LLC for Tract 6000 Unit 7 located north of State Route 178 and east of Alfred Harrell Highway. Final Map and Improvement Agreements with San Joaquin Development Group II, LLC for Tract 6152 Phase 5 located at southeast intersection of McKee & Akers Roads. Final Map and Improvement Agreements with Bakersfield Chardonnay, LP for Tract 6170 Unit 2 located at northeast intersection of McKee Road & Mountain Ridge Drive. Final Map and Improvement Agreements with Standard Pacific Corp. for Tract 6329 Phase 1 located at southeast intersection of Harris Road & Mountain Vista Drive. AGR 06-265 2. AGR 06-266 AGR 06-267 3. AGR 06-268 AGR 06-269 4. AGR 06-270 AGR 06-271 12. cc. dd. ee. Bakersfield, California, September 13, 2006 - Page 9 CONSENT CALENDAR continued Item 12.x. continued ACTION TAKEN 5. y. Final Map and Improvement Agreements with Stuart Thomas, Inc., dba Lenox Homes for Tract 6463 located .25 mile north of College Avenue & Fairfax Road intersection, east off of Fairfax Road. Agreement with County of Kern and Centex Homes for site improvements and easement allowing access to Rudal Road for development of Vesting Tentative Tract 6148 located north of Alfred Harrell Highway and east of the Cattle King Estates on Lake Ming Road. AGR 06-274 AGR 06-272 AGR 06-273 z. License Agreement with the U.S. Bureau of Reclamation to use reclamation right-of-way for an equestrian bridge located at the Friant-Kern Canal Outlet Channel, east of Coffee Road. AGR 06-275 aa. Agreement with Brighton Village Community Association to provide landscape maintenance of the streetscape in Vesting Tentative Tract Map 6281 generally located at San Juan Avenue and Cademont Drive. AGR 06-276 bb. Agreement with Brighton Parks Community Association to provide landscape maintenance of the streetscape and median in Vesting Tentative Tract Map 6250 generally located at Jewetta Avenue and Wincanton Street. AGR 06-277 Agreement with Brighton Place Community Association to provide landscape maintenance of the streetscape in Vesting Tentative Tract Map 6185 generally located on the west side of Jewetta Avenue at Milverton Way. AGR 06-278 Agreement with Brighton Estates Homeowners Association to provide landscape maintenance of the streetscape in Vesting Tentative Tract Maps 6111 , 6127 and 6128 generally located at Calloway Drive and Gleneagles Drive and the east side of Jewetta Avenue at Milverton Way and Braemar Lane. AGR 06-279 Agreement with Castle & Cooke California, Inc. to provide landscape maintenance of the entry features in Vesting Tentative Tract Map 6223 generally located at the northeast corner of Allen Road and White Lane. AGR 06-280 Bakersfield, California, September 13, 2006 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN ft. Agreement with Castle and Cooke California, Inc. to AGR 06-281 provide landscape maintenance of the streetscape and median in Vesting Tentative Tract Map 6448 generally located at the southwest corner of Stockdale Highway and South Renfro Road. gg. Agreement with Castle and Cooke Commercial - AGR 06-282 CA. Inc. for use of parking area near Bright House Networks Amphitheatre. hh. Agreement with Bakersfield Redevelopment Agency AGR 06-283 for use and repayment of Section 108 Loan Funds to HUD for the Fire Station NO.5 Project. ii. Amendment NO.1 to Agreement No. 05-246 with AGR 05-246(1) Hargis and Son ($80,000, revised not to exceed $160,000 and extending term one (1) year) for the biosolids hauling and spreading annual contract. jj. Contract Change Order No.6 to Agreement No. 05- AGR 05-218 CC06 218 with Floyd Johnston Construction Company ($224,854.04 increase for revised not to exceed $9,065,144.71) for the trunk sewer replacement along Planz Road. kk. Contract Change Order NO.1 to Agreement No. 06- AGR 06-105 CC01 105 with Loop Electric, Inc. ($15,158, for revised not to exceed $223,056.40) for traffic signal installation on Camino Media at Scarlet Oak Blvd. and Roadrunner Drive and interconnect synchronization on Camino Media and Haggin Oaks Blvd. Bids: II. Extend bid from Bakersfield Harley Davidson ($90,465.20) for five (5) replacement police special motorcycles. mm. Extend bid from Jim Burke Ford ($821,816.98) for thirty-seven (37) police special sedans. nn. Accept bid and award annual contract to Toter, Inc. AGR 06-284 (not to exceed $528,000) for refuse carts. Bakersfield, California, September 13, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN 00. Diesel exhaust removal systems for Fire Stations 1, 2, 3, 4, 6, 7, 8, 9, 10 & 11 : 1. Accept Federal grant ($211,176) for systems. 2. Accept bid and award contract to Air Cleaning Systems, Inc. ($304,221) for installation of systems. AGR 06-285 Miscellaneous: pp. Transfer $163,000 of appropriations from a budgeted Capital Improvement Project (new signal at Stockdale Highway & Renfro Road) to a new Capital Improvement Project (new signal at Calloway Drive & Noriega Road) within the Transportation Development Fund. qq. Appropriate $10,000 developer share project costs to the General Fund in the Development Services operating budget for consulting service for processing SunCal McAllister Ranch environmental documents. rr. Community Development Block Grant and HOME Investment Partnership Action Plan Amendment No. 3 (FY05/06). 1. Appropriate $25,000 Community Development Block Grant prior year program income. 2. Appropriate $1,250,000 HOME Investment Partnership prior year program income. Motion by Vice-Mayor Maggard to approve consent calendar items 12.a. through 12.rr. APPROVED 13. CONSENT CALENDAR HEARINGS None. Bakersfield, California, September 13, 2006 - Page 12 14. HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution ordering the vacation of access to vehicular traffic from/to Elm Street from/to 24th Street - south side only. RES 247-06 City Clerk McCarthy announced correspondence with a petition received from Scott K. Kuney, and from Mary K. Shell in support of the Resolution. Correspondence in opposition to the Resolution was received from Wally Eckdahl. Assistant Public Works Director LaRochelle introduced TRIP Manager Ted Wright who gave a computer presentation. Hearing opened at opened at 7:23 p.m. No one spoke in opposition to the staff recommendation. Scott Kuney, Tim Hay and Derrick Yurosek spoke in support of the staff recommendation. Hearing closed at 7:27. Motion by Councilmember Benham to adopt the Resolution. b. Public Hearing to consider appeal by James B. Wiens of the Planning Commission's decision approving request by Marino and Associates, representing Patricia Crawford, et al (property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to R-S (Residential Suburban) located on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. APPROVED 1. First Reading of Ordinance denying the appeal and adopting a negative declaration and amending Title 17 of the Municipal Code and Zone Map No. 104-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vine land Drive. Bakersfield, California, September 13, 2006 - Page 13 14. HEARINGS continued Item 14.b. continued ACTION TAKEN City Clerk McCarthy announced correspondence was received from Teri A. Bjorn Esq., Kronick, Moskovitz, on behalf of Jim Marino, Marino and Associates, and Patricia Crawford regarding the item. Staff comments by Development Services Director Grady. Hearing opened at 7:31 p.m. Jim Wiens, Esq., Clifford and Brown, on behalf of the Stoller family and Ron Lehr and family, Craig Stoller, Ronald Lehr and Steve Manniatchi, Production Manager Sunridge Nursery, spoke in opposition to the staff recommendation. Teri Bjorn Esq., Kronick, Moskovitz on behalf of Marino and Associates and the property owners, and Jim Marino. Marino and Associates, spoke in favor of the staff recommendation. Steve Manniatchi, Production Manager Sunridge Nursery, spoke in rebuttal opposition to the staff recommendation. No one spoke in rebuttal support of the staff recommendation. Hearing closed at 7:59 p.m. Vice-Mayor requested staff provide the following before the issue is next brought to Council: · Analysis of implementation of a PUD · Following discussions with both sides, outline consequences should annexauon and development not occur · Analysis of consequences should the development take place in the County · Analysis of Ag Commissioner's recommendations · Through analysis of consequences of premature conversion Bakersfield, California, September 13, 2006 - Page 14 14. HEARINGS continued Item 14.b. continued ACTION TAKEN · Analysis of possible liability to the City should the appellant incur substantial financial loss as a result of the project proceeding, and the role possible premature conversion would play in this scenario · A time-frame projection regarding development of sections seventeen and twenty-nine and when development in those areas might intersect · Analysis regarding whether the proposed conversion is premature in light of possible economic effects on the Stollers as compared with effects of remaining in the County Councilmember Carson requested staff analyze the effect annexation and development of the project would have on police and fire services. Councilmember Couch requested staff outline the stipulations required of properly owners in the pre- zoning and annexation process. Motion by Vice-Mayor Maggard to bring the issue back to Council during October. APPROVED c. Public Hearing to consider appeal by Siena Homes of the Board of Zoning Adjustment's decision denying their request for a Zone Modification No. 06-1249 to reduce the required front yard setback along Amati Drive from 25 feet to 20 feet for a single-family residence in an R-1 (One Family Dwelling) zone district located at 7009 Amati Drive. 1. Resolution denying the appeal and denying Zone Modification No. 06-1249. RES 248-06 Staff comments by Development Services Director Grady. Hearing opened at 8:16 p.m. Phil Gaskill spoke in favor of the appeal. Hearing closed at 8:17 p.m. Motion by Vice-Mayor Maggard to uphold the appeal. APPROVED Bakersfield, California, September 13, 2006 - Page 15 15. REPORTS ACTION TAKEN None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS a. Authorization of a letter from the City and Bakersfield Redevelopment Agency to the United States General Services Administration regarding a Federal Courthouse in downtown Bakersfield. Staff comments by City Manager Tandy. Motion by Councilmember Benham to authorize sending the letter. APPROVED 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff address four separate sidewalk, streets and canal fencing issues and provided location information. Councilmember Benham provided an article regarding running trails in new developments and asked that Council and the Mayor be furnished copies of the article. Councilmember Couch requested staff bring a Resolution to Council supporting the League of California Cities position regarding vehicle forfeiture as a penalty for illegal speeding contests or exhibitions of speed. Councilmember Couch requested staff contact him. Councilmember Carson requested an update regarding the sidewalk at 147 Hayes. Councilmember Carson requested staff investigate the non-licensed half-way house at 823 T Street and take appropriate action. Councilmember Carson requested staff provide an update regarding the status of fencing for the Senior Housing on Lowell Place. Bakersfield, California, September 13, 2006 - Page 16 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Carson requested Recreation and Parks Director Hoover attend the Safe Neighborhoods Committee meeting on 9-14-06. Coucilmember Carson requested the meeting be adjourned in memory of Bakersfield's first female police officer, Mary Holman Dodge. Councilmember Hanson requested an update regarding the Municipal Airpark. City Manager Tandy responded. Councilmember Hanson requested the Budget and Finance Committee address business licensing issues for real estate firms. Councilmember Hanson requested staff respond to an email from Mrs. Emmie Smith regarding the train tracks at Buena Vista and Panama. Councilmember Scrivner thanked staff for responding to his referrals promptly. Councilmember Scrivner requested staff provide a written report, with an estimated completion date, including landscaping, of the Hwy. 99 and White Ln. interchange. Councilmember Scrivner requested staff provide a written update on the projected date the EIR for the Hwy. 99 Walmart will be presented to Council, an estimated date for resuming work on, and the completion of the project. Councilmember Sullivan requested staff address noise issues at a car stereo business at Wible and Planz and send a letter to the business informing them of the problem. Councilmember Sullivan made comments regarding landlord issues. Councilmember Sullivan made comments regarding street repairs. Council member Sullivan stated she would look forward to an update regarding the Hwy. 99 Walmart project. Vice-Mayor Maggard requested staff contact him to discuss a 12' wall fronting a highway subdivision. Bakersfield, California, September 13, 2006 - Page 17 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice-Mayor Maggard requested staff investigate whether new construction has impeded handicapped access at No. Chester between Columbus and 34th St. Vice-Mayor Maggard thanked City Attorney Gennaro for information regarding suspending drivers licensing for graffiti offenses; requested information on whether this action is actually being taken and if it is not to find a way to encourage this action. Vice-Mayor Maggard requested information regarding holding parents responsible for vandalism performed by minors. City Attorney Gennaro responded. Vice-Mayor Maggard made comments regarding police resources and gang versus graffiti enforcement. Mayor Hall thanked the Council for approval of item 12.t., a Resolution designating Bucheon City, Republic of Korea, as the fifth Sister City of the City of Bakersfield. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 8:52 p.m. in memory of Bakersfield's first female police officer, Mary Holman Dodge. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield