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HomeMy WebLinkAbout10/29/99 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM October 29, 1999 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER /~-L,W, SUBJECT: GENERAL INFORMATION 1. We will bring forward to Council several grant applications and authorized requests for highway beautification projects, including expansion of the downtown streetscape, streetscape improvements on California, Chester to Union, streetscapes of the property donated by Cooper's Nursery on Stockdale, entry signs for north and south Highway 99 and replacement of some of the deteriorated green asphalt in the northeast. KernCOG will have about $3.5 million for such projects next year. 2. The majority of the Personnel Committee went along with doing some wage comparison surveys for those employees who desired it. The committee minutes will provide details. 3. Enclosed is a letter from Time Warner Cable informing us of changes in their rates for the upcoming year. 4. The Southeast Bakersfield PAC met on October 21st. A meeting summary is enclosed for your information. 5. The latest progress report for the Wastewater Treatment Plan #2 expansion project is enclosed. 6. The Vision 2020 has announced dates and locations for their upcoming community meetings. The information is enclosed. 7. Several businesses on California Avenue have expressed concern about the Pacific Bell construction project that has caused the closure of one lane in the area of California Avenue and Real Road. Attached is our correspondence to Pacific Bell informing them that the project must be done by Thanksgiving, in order to accommodate increased holiday traffic, or their construction permit will be revoked. Honorable Mayor and City Council October 29, 1999 Page 2 8. Responses to Council requests are enclosed, as follows: · Report on the issue of fluoridating the public water system; · Address on-going code enforcement problems at Auburn Heights Apartments; · Resolve alley flooding problem at residence on Cardinal Avenue and contact resident; · Contact citizen due to inquiry about increasing time limits for parking spaces near place of business; · Progress report on weed abatement along railroad right-of-way in south Bakersfield; · Replacement of dead trees at Taco Bell on 24th Street; · Compile information concerning proposed freeway alignment and provide to citizen; · Status of request for correspondence supplies; · Status of providing new precinct lists; · Prepare second letter to PG&E re landscaping at Coffee Road facility; · Status of providing additional compensation regarding purchase of property at 615 16th Street; · Inquiry re waiver of fees for vesting Tentative Tract 5964; · Additional information regarding owner requirements related to proposed Sonic Drive In; · Status of City's position on Public Works Initiative Measure B; · -Request for attendance at various City meetings; · Respond to citizen regarding rider on property deed concerning sewer hook up; · Respond to citizen regarding lighting at McDonalds on Coffee Road; · Public Works Director to provide update on Shellabarger Road cul-de-sac issue. 9. Ogden will make a big push to get the Lakers back. The situation may be dictated by economics, but all that can be done will be. AT: rs cc: Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst 3600 North Sillect Avenue C.W. Grinstead BakersfieM, CA 93308 President Tel 661-634-2200 Bakersfield Division Fax661-634-2245 CABLE October 21, 1999 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Tandy: Beginning in.late November some of your constituents will receive notice of a change in their cable rates; These notices will continue into December depending on the customer's billing date. The rate change for 2000 reflects an overall increase for the basic service and the satellite programming tier of 5.49%, however, the individual rate changes vary from a $3.66 increase to a $9.64/month decrease depending on the levels of service that a customer subscribes to: Rate* % of Customer Service Level Current Proposed Chanae Base Effected Limited Basic Service $ 6.92 $ 7.90 $ .98 6.4 Expanded Basic Service $23.31 $23.99 $ .68 N/A Advantage Service (Incl. Limited Basic and Expanded Service) $30.23 $31.89 $1.66 50.9 Advantage Plus Service (Incl. Advantage Service & Home Terminal) $33.48 $35.84 $2.36 22.2 with 2 Digital Tiers $41.18 $44.84 $3.66 0.8 Advantage Plus with i Pay $45.47 $47.83 $2.36 6.7 and 2 Digital Tiers $53.17 $56.83 $3.66 0.1 Advantage Plus with 2 Pays $52.47 $52.83 $0.36 3.6 and 2 Digital Tiers $60.17 $61.83 $1.66 0.4 Advantage Plus with 3 Pays $59.47 $58.83 - $0.64 1.1 and 2 Digital Tiers $67.17 $67.83 $0.66 Advantage Plus with 4 Pays $66.47 $59.83 - $6.64 4.9 and 2 Digital Tiers $74.17 $68.83 - $5.34 .8 Advantage Plus with 5 Pays $72.47 $62.83 - $9.64 1.4 and 2 Digital Tiers $80.17 $71.83 - $8.34 .7 * Rates do notinclude taxes & fees. The adjustments include increases for Basic Ser¢ice ($.98), the non-scrambled satellite programming tier ($0.68), ti~e [wo digital tiers ($1.30), and the equipment charge for the home terminal ($0.70) as well as decreases in premium package prices ranging from $2.00 for a two pay package to $12.00 for a five pay package. A la carte premium service and the Explorer Pac rates remain unchanged. During 1999, Time Warner Cable added digital services to the cable system and we now offer our customers two new digital tiers - The Variety Pac and The Movie Pac. Later this year, we plan to provide our customers access to ESPN College and NBA Basketball Pay-Per-View games. Current plans also include adding RoadRunner - a high-speed internet service - during the second quarter of 2000. Time Warner Cable is very pleased to be a part of the communities we serve. Not only do we provide a technologically advanced system that is second to none, but the men and women of Time Warner are active participants in the communities in which they live. I've enclosed a draft of the letter that our customers will receive. If you have any questions or need additional information, please call me. Division President A Time Warner Entertainment-Adwmce/Newhouse Company BAK TIME WARNER IMPORTANT 30 DAY NOTICE Bakersfield's ~ Cable Company www.twcbak.com October 25, 1999 Dear Valued Customer: In order for us to continue providing the excellent choice of quality programming, superior customer service, and the benefits of leading-edge technology, like our new Digital Cable service, Time Warner Cable will introduce new prices as stated below beginning December 2, 1999 or thereafter, depending on the billing dates reflected on your monthly billing statement. Service Level Current Rate* New Rate* +/- ChQ. H~ Limited Basic Service $ 6.92 $ 7.90 + .98 HBOPlu$ Expanded Basic Service $ 23.31 $ 23.99 + .68 HBO$ig~ature Advantage Service (formerly Expanded Basic) $ 30.23 $ 31.89 + 1.66 HBOFamily HSOCor~e~y Advanced Home Terminal (conveder) $ 3.25 $ 3.95 + .70 HBOZone New Premium Service Packages Two-Pay Premium Package $18.99 $16.99 (-2.00) Three-Pay Premium Package $ 25.99 $ 22.99 (-3.00) cine( ' MVP 4-Pay Premium Package $ 32.99 $ 23.99 (-9.00) ViP 5-Pay Premium Package $ 38.99 $ 26.99 (-12.00) MoreMAX * Rates do not include taxes and fees. ActionMAX ThillerMAX Even after this nominal 5.5% rate adjustment, Advantage Service featuring over 55 channels remains a tremendous value at about $1.00 a day. Please note that all other rates not listed will remain the same. In addition to new lower package rates, our Premium Service customers now have the ability to receive up to 22 Premium channels when they upgrade their services to Digital Cable for only $3.00 more per month. Plus, with Digital Cable you can now enjoy the convenience of ordering movies on over 35 pay-per-view channels. Aisc, coming later this year Time Warner ,' eWTIME. Digital Cable services will feature hundreds of ESPN Full Court college and NBA League Pass basketball pay-per-view games. Showtime2 Digital Cable also offers two new Digital tiers, the Variety Pac and Movie Pac, featuring seven commercial-free Encore thematic Showtime3 channels, like Love Stories, Westerns, Mystery, Action, True Stories, plus exciting new channels, like the Golf Channel, Showtime Extreme Speedvision, Outdoor Channel, BET on Jazz, Game Show Network, CMT, Discovery Kids/People/Science/Wings, and much Showtime Beyond more. With our Total Digital Pac (Variety & Movie Pacs), you and your family will enjoy over 20 new channels for only $12.95 more per month. Aisc, included with the new Digital Cable Pacs at no extra charge are 40 commercial-free CD quality music -channels featuring everything from classical-to.country to Top 40 music. With Digital Cable you get more of what you want through the cable you already have - Over 180 video and audio channels, no ~(~) equipment to purchase, local news, weather and sports, Iow cost additional TV service, and guaranteed local customer service. Aisc worth noting is our plan to launch Time Warner Cable's new high-speed cable modem service, Road Runner, The Movie Channel 2which will allow internet users to access the world wide web 100 times faster than traditional telephone hook-ups, as early as mid-year 2000. We at Time Warner Cable value your patronage, and we're working to ensure that our service is of great satisfaction and value to you. Thank you for the opportunity to provide you with the best in home entertainment, education and information services. Sincerely, /,~ ~..~. ------~ C.W. Grinstead STARZ! 2 Division President Bet STARZ! STARZ] Family Time Warner Cable, Bakersfield Division · 3600 Nodh Sillect Avenue · Bakersfield, CA 93308 STARZ! Cinema Tel: 661-327-9671 · Outlying Areas 1-8OO-734-4615 · A Time Warner Entertainment/Advance Newhouse Company BAKERSFIELD Economic and Community Development Department MEMORANDUM October 22, 1999 TO: Alan Tandy, City Manager 5 [~ FROM: Jake Wager, Economic Development Directd~ -~/ SUBJECT: Update of October 21, 1999 Southeast Bake'~ffeld PAC meeting The Southeast Bakersfield Project Area Committee (PAC) met on October 21. (As a reminder, the Old Town Kern-Pioneer PAC is not meeting, at their request. Their last meeting was held on April 27th.) The Southeast PAC agenda covered the following items: Presentations: · Presentation by Mr. Dave Cross on a potential commercial project at Q Street and California Avenue. · Staff presentations on a recent Redevelopment Housing conference (deferred from the previous meeting due to time constraints) · Staff report on the Owner Participation process (deferred from the previous meeting due to time constraints) · Staff report on the GRC Downtown Economic Development study. Old Business: · Coordination and staffing of booth at Good Neighbor Festival New Business: · Street lighting projects in Southeast Bakersfield. Chairman Art Powell called the meeting to order at 6:35PM. Nine PAC members were present, plus the two alternates. Mr. Powell congratulated Mr. Gil Anthony on being appointed to the CDDA. Vice Chair Stephanie Campbell asked that a letter be sent to Mayor Price thanking him for his consideration of the PAC's request for appointments to the CDDA and, specifically, for appointing Mr. Gil Anthony to the Agency. Mr. Dave Cross provided an overview of his conceptual ideas for development at Q Street and California Avenue, He said he was looking to the PAC for their input as community leaders. He asked two questions: 1. Is a supermarket needed to serve south central and southeast Bakersfield? if yes, 2. Would a large marketplace help revitalize the community? OCT 2 5 1999 S:\REDVAREA~PAC meeting 10-22 memo.wpd ~ ......... - Alan Tandy October 22, 1999 Page 2 He passed out a copy of a July 20 article from the Bakersfield Californian titled "Incentives Suggested to Lure Market," as well as a map from the GRC study showing the location of existing markets. Mr. Cross asked PAC members if they had provided input into the GRC study, and if not why hadn't they been involved. PACmember Isaiah Crompton asked, "what would we get from your project besides giving you money?" Mr. Cross responded that 400 jobs would accrue in the first and second phases of the project. He added that an incubator would be a possibility. He has met with Bakersfield College five times at their request regarding the proposal, and has talked with George Gonzales from Community Development regarding the formation of a maintenance district to help improve the surrounding area. Mr. Cross added that his project is in the early stages of development. He envisions a multi-cultural project with housing within the development, but he needs all parties input and community involvement. Ms. Campbell asked Mr. Cross how this would benefit the southeast redevelopment project. Mr. Cross replied that he is requesting that a committee be developed on an informal basis to provide input so everyone works together. Southeast Bakersfield should get together and decide what they want, rather than him dropping something on the table for consideration. Marvin Dean stated that "if we're not involved in the process, things will happen without us." He would prefer that the project would be closer to the PAC meeting site (MLK Center). He proposed a committee meet with Mr. Cross to come back to the PAC with recommendations. "We're very seldom included in the initial stage," said Mr. Dean. "This way, we can identify tradeoffs we would like to see." Mr. Dean then made a motion to refer the concept proposed by Mr. Cross to the Business Subcommittee, which Mr. Dean chairs, and meet with Mr. Cross to see if this is something the committee wants to bring back to the PAC at a later date. The motion was approved. For the Business Subcommittee report, Mr. Dean had no report but said in the future he will give reports on an in-fill housing project and a neighborhood retail/commercial center he is developing with various parties and consultants. There were no reports from either the CommUnity Organization or Community Relations subcommittees. Donna Barnes gave a staff report on the recent redevelopment housing conference she attended and provided an overview of redevelopment housing projects in three cities. She emphasized how involved and complicated it is to use a variety of funding sources for such projects. She also discussed the city's existing housing programs. Mr. Dean asked for the dollar amount in the city's Home Access program and the program's eligibility requirements to be provided in the next agenda packet.. S:\REDVAREA\PAC meeting 10-22 memo.wpd Alan Tandy October 22, 1999 Page 3 Charles Webb gave a staff report on the ownership participation process, which was deferred from the September meeting due to time constraints. Mr. Webb also gave a staff presentation on the GRC downtown economic development study. Mr. Dean continued to ask what the city was going to do with this proposal. Staff emphasized that the report was not a proposal; instead, it provides valuable information to be used for future proposed .developments. Mr. Dean continued in asking if all projects will be brought before the PAC for their input and recommendations. Mr. Dean stated that because projects such as those proposed in the GRC study could be taking $8 Million of their tax increment funds, and that may affect the bonding capacity for projects they may want to see happen. Mr. Dean said developers, like Mr. Cross should be supported when they come to the PAC for input. Staff indicated that when projects are formalized beyond the discussion stage, the PAC will be informed of the projects. Under Old Business, members discussed who would staffthe PAC booth at the Good Neighborhood Festival. There appeared to be very little interest in staffing the booth, even though the PAC had voted last month to have the city pay the $40 booth charge, make a sign and copies of handout information. When it appeared that there was not sufficient interest, Mr. Dean suggested that perhaps city staff could hand out the information, since it would be located next to the PAC booth. Mr. Powell reminded the PAC that members had wanted such a booth and it would up to them to have it staffed. Ultimately, five PAC members agreed to work one hour each in the booth. Under New Business, a staff presentation from Public Works regarding street lighting projects in southeast Bakersfield was deferred to the November meeting due to time constraints. Mr. Powell indicated with the new proposed lighting and landscape project on Union Avenue from Brundage to the Fairgrounds, the same thing needs to be done from Brundage to California. Staff indicated that a landscaping project was done in 1992 to that segment that cost approximately $2 Million. Mr. Powell said that all the boarded up and run down motels need to be addressed or tom down in order to beautify the street. Under PAC statements, Ricky Peterson requested that the Business Subcommittee report to the PAC as soon as possible on their discussions with Mr. Cross. Ms. Campbell asked that an update on the incubator project be placed on the next agenda. She also asked if a flier from her business could be placed at the PAC booth. This request was later changed to a sign up sheet for those people interested in an incubator. After discussion, it was decided that only material related to the PAC or redevelopment would be available. Mr. Powell said he had met with Mr. Archie Barefield who had the following comments: 1. if there is discussion on improving Lakeview, address the tin buildings north of Brundage Lane. 2. if businesses aren't attracted to the area because of the way the community looks, we should discuss ways to clean up dirty lots. S:\REDVAREA\PAC meeting 10-22 memo.wpd Alan Tandy October 22, 1999 Page 4 Mr. Webb discussed a possible funding source from PG&E for an incubator and asked ifPAC members would be interested in working with staff and contact the Mt. Elgon non profit group that is currently working on an incubator plan to develop a grant proposal; the deadline is November 30. A motion was made to refer this to the Business Subcommittee for review and possible application, and to determine if the PAC desires to work with the Mt. Elgon group. Ms. Campbell asked that on the next agenda, we need to clarify the purpose of the incubator vote in September. Adjournment followed at 9:47PM. cc: Central District Development Agency S:\REDVAREA~PAC meeting 10-22 memo.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director ~~ DATE: OCTOBER 27, 1999 SUBJECT: WASTEWATER TREATMENT PLANT#2 Attached are eleven copies of Progress Report No. 19 (September 1999), of the Wastewater Treatment Plant # 2 - Expansion Project, prepared by Black & Veatch. Attachments G:\GROUPDA~Memo\1999\wwtp2report 19.wpd Eakerff idd Wa.~tcWatcr ~rmtmmt ?lam ?~a. 2 - £~#an$ian /~,TR~STEEL'CORPORATION Sachs Electric JNCOI~O~^I I~J) $iterack ~4 Partnered Pta/crt September 1999 Pret~ared b!/ ~l~k k lqatch CONSTRUCTION PROGRESS SUMMARY NUMBER NINETEEN September 1, 1999 to September 30, 1999 CONSTRUCTION PROGRESS I. Kiewit Pacific Co. performed the following: Site: Continued paving at Primary Clarifiers, Digesters 1 through 4 and between Operations Building and Digester Control Building. Headworks: All mechanical and Logic testing complete. Fully operable fi-om Supervisory Control Station and field, with the exception of Sample Station. Operations Building: Completed piping on Raw Wastewater Pumps. ~ ....... Checking instrumentation systems. Primary Clarifiers: All Logic at Clarifiers complete. Brown Automation finalizing Logic to Supervisory Control Station. Digester Control Building: Completed piping to overflow boxes of Digester Nos. 3 and 4. Performed operation test on various system pumps. Working on system piping, insulation, and roofing. Digester #1' All instruments installed. Started installing pipe spools to Mix Flow Pumps. Page ! SIGNIFICANT ACCOMPLISHMENTS · Raw Sewage Pump Station has been tested to operating requirements successfully. AREAS OF CONCERN · The need to have the Boilers in operation for Phase 1, 2, and 3 Start-up. Replacemem Burner for Boiler #3 CHANGE ORDERS · Change Order 1 - ($92,342.61) · Change Order 2 ~ ($362,133.82) · Change Order 3 - · $25,812.87. · Change Order 4 - $109,382.45 · Change Order 5 - $45,294.03 · Open Change Order Items Electrical Cost (credit) of deleting Generator for by-pass pumping. · Modifications of I/O to Accommodate Airflow Status · Boiler Control Revisions · Modifications to Propane Gas Line ~ Existing Operations Building · Demolition & Reconnection of MOV's 15P-6 & 15P-7 · Raceway and Conductor Rewiring ~ Digester Control Building Associated with Flare Panel Revisions in RFI 159 · Roofing Terminations ~ Digester Control Building Page 2 REQUEST FOR INFORMATION · 167 RFI's have been received/processed as of September 30, 1999. · 6 Days on average turn around. SHOP DRAWINGS · 387 Shop Drawings have been received/processed as of September 30, 1999. 11 Days on average turn around. Sample Sink and Piping ~ Digester #4 PLANNED ACTIVITIES FOR OCTOBER 1999 Site: Complete Public Address System. Complete asphalt concrete paving and roads, complete siterock. Headworks: Complete permanent sidewalks, screen wall, and install permanent water lines and Hose Bibbs. Place system into service. Raw Wastewater Pump Station: Complete painting, turnover new pumps for City of Bakersfield operation. Grit Chambers: Establish automatic control system for Motor Operated Valves and place the Grit Removal System into service. Page 3 Primar3, Clarifiers: Place Primary Clarifier #3 into service. Begin renovation work on Scum Well #1. Primary Sludge Pumping Station: Place pumps #1 and #2 into operation and install #3 & #4 pumps and piping. Operations TraNing: Complete training on Supervisor3' Control Station, .. Programmable Logic Controller training and Field Instrument training. Installation of Irrigation System Page 4 CONSTRUCTION PROGRESS sUMMARY DESCRIPTION STATUS' Notice to Proceed Dated February 9, 1998 Contract Time, Calendar Days 730 Original Completion Date February 8, 2000 Substantial Completion Date May 7, 1999 Time Extensions Approved 69 Days Revised Completion Date May 12, 2000 Original Contract Amount $29,239,800.00 Change Orders Appi'oved (273,987.08) Revised Contract Amount $28,965,812.92 .aanoum Earned This Period $28,216,313.97 'Arnoum Earned to Date $28,302,901.45 Percent Complete, $ 97.71 Calendar Days Used 599 Percent Complete, Calendar Days 78.92 Installation of irrigation System North side of Headworks 99405 Page 5 o October 27, 1999 Alan Tandy, city Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, Ca 93301 Dear Alan: Thank you, once again, for your commitment to Greater Bakersfield, and especially through the city' s financial support of Greater Bakersfield Vision 2020, Inc. Enclosed is a flyer announcing the dates and locations for the large community meetings with the focus on our strengths and "opportunities for improvement". We would really appreciate it if you could assist in publicizing these meetings and encouraging your staff, as well as the general public to attend, in whatever manner would be appropriate. You will note that the first meeting is next Tuesday, November 2nd, which is a very short time frame. Each of the meetings is being co-hosted by a supervisor and a city councilmember (which is part of the reason for the short time frame), as follows: November 4th Councilmember Mike Maggard, Supervisor Barbara Patrick November 8th Councilmember Jacquie Sullivan, Supervisor Pete Parra November 9th Councilmember David Couch, Supervisor Barbara Patrick November 10th Supervisor Barbara Patrick November 11~ Councilmembers Mark Salvaggio, Randy Rowles, Jacquie Sullivan, Supervisor Ken Peterson November 15th Councilmember Pat DeMond, Supe~wisor Pete Parra December 13th Councilmember Irma Carson, Supervisor Pete Parra Alan, we really appreciate your efforts so far, and certainly would appreciate whatever assistance you are able to provide in encouraging attendance and participation. ~h,~~Very truly Y° rs' ~ · What are ~reater Bakersfield's strengths and weaknesses? · What is our vision of what we want this area to be in the year 2020? ' · How do we achieve this vision? These are the questions we will be asking ourselves as we launch a process to create a comprehensive Vision for the Greater Bakersfield area in the year 2020 and set in motion efforts to realize this Vision. This process starts now with a series of community forums to address the first question about Greater Bakersfield's strengths and weaknesses. This will be followed next spring with another series of meetings ,where we'll use our shared understanding of our strengths' and weaknesses to develop a vision for the future. Make plans now to participate in these forums and bring your friends, neighbors, and co-workers! Vision 2020 Community Forums All meetings 6:30 - 9:00 p.m. except November 11 Date: Location: ~Jovember 2 Highland High School November 8 Beale Library November 9 Centennial High School fember 10 North High School *November 11 Stockdale High School 7:00-9:30 p.m. November 15 Boys & Girls Club December 13 Bakersfield Senior Center For information or to volunteer call 324-2020 or visit the web site at www. bakersfieldvision2020.com. Most importantly, participate in the process! ]:f not now, when? zf not you, who? ®ea~er 8okersFretrJ VISION I)] VlSlON2020 Our Future...Our Responsibility In 20 years the Class of 2000 will be in mid-career, raising children of their own. What's in store them.., and for us as a community? What do we want Greater Bakersfield of 2020 to be? What kind of jobs will drive the economy of the future? How do we prepare our children -- and their children -- for these jobs? What Will the metropolitan area look like? Where will people live? Where will they work? How will they get there? What will we do in our free time? What quality of life would we like for all residents to enjoy? Answering these kinds of questions -- and more -- about our city is what Vision 2020 is all about. By taking a look at the future and creating a vision of what we would like our city and surrounding area to be, we can then determine what it will take to make it happen. This is something we must do now, and it is something we must all do together. What is Vision 2020? Vision 2020 is a broad-based community effort to create a comprehensive, integrated Vision for the Greater Bakersfield area 20 years from now and set in motion efforts to realize this Vision. How will we do this? The Vision and resulting action plans will be developed through a broad-based, collaborative, consensus-based process, involving all segments of the community, including our youth. It will take about 18 months to create the Vision and develop action plans. The action plans will be recommended for implementation by the city, the county, business and industry, the non-profit sector, and individuals. How do I get involved? The Vision will be created by and for the residents of Greater Bakersfield. Watch for information in the next weeks and months about community forums where you will be able to express your views on what's good about Greater Bakersfield, what's not so good, and what our community could be. For updated information or to volunteer, call 324-2020 or visit the Vision 2020 web page at wvwv. bakersfieldvision2020, com If not now, when? If not you, who? Greater Bakersfield Vision 2020, Inc. P.O. Box 12020 Bakersfield, CA 93389 (661) 324-2020 www.bakersfieldvision2020.com BAKERS'FIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3'/24 RAUL M. ROJAS, DIREC'rOR * crl'Y ENGINEER October 28, 1999 Pacific Bell Attention: Vic Bolton Subject: Street Permit No. 17552 Vault Replacement at California Avenue and Real Road Dear Vic; As you are aware, Pacific Bell is currently replacing an existing vault located in California Avenue just east of Real Road. Due to the location of the vault, one lane of California Avenue is closed for the duration of the construction project. Recently, the City has been receiving numerous calls from the businesses along California who are concerned about the effects of the lane closure qn traffic and on access to their businesses. Although many of them realize that the inconvenience is necessary for safety to the traveling public during the duration of your project, they have expressed concern about the length of time that the job will take. My staff has been informed that your contractor does not expect to be finished until the end of November. I am informing you that this project needs to be complete by Thanksgiving, because of the expected increase in traffic due to the start of the Christmas shopping season. This is a very serious public relations problem for both Pacific Bell and the City. If completion by Thanksgiving cannot be attained, then the City will have to consider revocation of the permit. Please call me as soon as possi!~le at 326z3596. Very truly yours, Public Works Director G :\GROUPDATLLet~ers\ 1999LPacBellVault.wpd OCT bc: City Manager Alan Tandy Marian P. Shaw, Civil Engineer IV - Subdivisions MEMORANDUM October 28, 1999 TO: Alan Tandy, City Manager FROM: Gene Bogart, Water Resources Manager SUBJECT: CITY COUNCIL REFERRAL - FLUORIDA'gION At the September 22, 1999, City Council meeting Councilmember David Couch referred the item of water fluoridation to the Water Board for review and discussion. Councilmember Couch requested that Dr. Robert Reed, DDS, be invited to speak on the issue of fluoridation to the Water Board. Following review and discussion, the Board asked staff to prepare a"Pro and Con" report summarizing the issue of fluoridating a public water system and the cost associated with implementing such a program in the Bakersfield area. The BOard requested that this report be forwarded to the City Council for their information and a copy also be sent to Dr. Reed when it was completed (report attached). .MEMORANDUM October 26, 1999 TO: GENE B. OGA~pJ~,~W/~To,ER RESOURCES MANAGER FROM: FLORN CORE, WATER RESOURCES DIRECTOR SUBJECT: WATER BOARD REQUEST FROM OCTOBER 13, 1999 MEETING - FLUORIDATION OF CITY WATER The City of Bakersfield Water Board, at its October 13, 1999 board meeting, heard comments from Dr. Robert Reed, DDS concerning the fluoridation of Bakersfield public water supplies. Dr. Reed is affiliated with the California Dental Association (CDA), an organization that is an active supporter of fluoridation of public water systems. Dr. Reed spoke of the continuing. efforts of the CDA and local Kern County Dental Society in encouraging fluoridation of Bakersfield's water and the possibility of "Proposition 10" (Tobacco Initiative) funding available to do so. The Water Board requested staff to forward cOst estimates to fluoridate the City water supply and to provide a brief comparison of the advantages/disadvantages of fluoridating public drinking water. The issue of fluoridation of public water supplies is not new. In 1995, the CDA supported legislation and urged approval of Assembly Bill 733 (Spier-1995) that had the California Department of Health Services (DOHS) adopt regulations to require fluoridation of public water systems that serve over 10,000 connections. The legislation passed and the rules were issued in 1997. The standards required each potentially affected water system to compile costs and expenses of installing appropriate' equipment to fluoridate its supplies. However, AB 733 provided that a public water system is not required to comply with fluoridation until funds sufficient to pay the capital costs have become available from any source other than ratepayers, shareholders, local taxpayers or bondholders. There has been little funding available to apply to fluoridating water systems since then. Whether mandated by state law or not, fluoridation of public water supplies is a controversial subject. The CDA and American Dental Association have been proponents and have years of scientific studies to prove that fluoridation has reduced the incidence of dental caries (cavities) in children. The opponents to fluoridation have gathered evidenCe that fluoride is a possible · threat to health and that it should be left to the individual's choice to provide or administer fluoride treatment for their children. FLUORIDATION OF CITY WATER October 26, 1999 page - 2 - Advantages of Fluoridation of Public Water Supply: · · Scientifically and medically proven to reduce dental caries (cavities) in children in studies of fluoridated water systems versus non-fluoridated public water supplies. · Proper dosages have no generally known and documented health risks. · Minimal monthly costs to be added to water bill (after capital costs on equipment). Disadvantages of Fluoridation of Public Water Supply: · Potential for fluorosis (a discloration of teeth and removal of tooth enamel) at higher than recommended dosages. Fluoride is prevalent in many products that were not in general use and available to consumers in the past, such as fluoride toothpastes, fluoridated bottled water, fluoride supplements & soft drinks. Addition to ingested water may place individual over optimal standard limits. · No choice, removes parental decision on whether to use or not. · Unknown future health risks with water purveyor "at risk". · High capital cost to install equipment for fluoride handling and injection to water supply. Staff has estimated capital costs to fluoridate City residents water supply and the costs have been verified by the DOHS. As the entire City is served by several water purveyors, these costs are based on the two largest servers, California Water Service Co. and the City Domestic Water System (Ashe Water Co.). The two cover over 90% of the City residents receiving a public water supply. The combined capital cost to construct, install and initiate fluoridation for City residents would be approximately $7,810,000. Additional monthly material, handling and operating costs are estimated at about $0.40 per customer. S:\1999 MEMOS~FLUORIDEWATERBOARD MEMORANDUM October 28, 1999 TO: Alan Tandy, City Manager FROM: ~_.~-Stanley Grady, Planning Director SUBJECT: Council Referral - WF0018282 - Auburn Heights Apartments All items that can be addressed by city ordinance have been corrected except possibly a few trees in the sump area. Jim Eggert will be following up on the trees to make sure it complies with the site plan. RF:km cc: Trudy Slater, Administrative Analyst BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER ~OR~ FROM: RAUL ROJAS, PUBLIC WORKS DI DATE: OCTOBER 26, 1999 SUBJECT: ALLEY FLOODING PROBLEM: 3500 CARDINAL AVENUE 3504 CARDINAL AVENUE Attached is a copy of our response to Mr. Bowman's correspondence directed to Councilmember Mike Maggard regarding a drainage problem on 3500 & 3504 Cardinal Avenue. ' OCT 2 6 I§~ I G:\GROUPDAT~Referrals\maggard\CardinalAvenueDrainage.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD. CALIFORNIA 93301 (661) 326-3?24 PAUL M. ROJAS, DIRECTOR * CITY ENGINEER October 26, 1999 Mr. & Mrs. Roger Bowman 3500 Cardinal Avenue Bakersfield, CA 93306 Dear Mr. & Mrs. Bowman: Staff reviewed the survey that was performed on the alley behind your property and determined that regrading the last ninety feet would not solve the problem of water entering your property. The survey shows that digging out and regrading ninety feet of the entrance to the alley would only make matters worse. Mr. Steven Murray's property was also surveyed and found to be lower then the alley with the driveway grade flowing toward his garage instead of the alley. After obtaining permission from Mr. Murray, a Street Maintenance crew installed an asphalt border on Mr. Murray's driveway to keep the water from entering his property and draining onto your property. This work was completed October 14, 1999. At this point, I understand that you have met with Mike Conner, Street Supervisor and you are satisfied with the solution. However, I have directed staff to review the work periodically to assure that the solution to your problem haS been solved. If the problem continues to exist during a rain storm, do not hesitate to call the Street Division immediately at 326-3111 or the Street Maintenance Superintendent's direct line at 326-3108. Sincerely, Public Works Director Councilmember Mike Maggard Mr. Alan Tandy, City Manager Mr. Steven Murray - 3504 Cardinal Avenue, Bakersfield, CA 93306 G:\GROUPDAT~STREETSLRoger Bowman Letter. Response wpcl 00T-25-99 MON 15:48 CITY MANAGER'S OFFICE FAX NO, 6613241850 P, O1 MR, MIKE MAGGARD COUNCILMAN WARD #'FHREE Dear Sir, WE NEED HELP TO RESOLVE A LONGSTANDING PROBLEM IN THE CONDITION OF THE ALLY BEHIND OUR HOMES. DURING RAINSTORMS WATER DRAiNiNG IX:ANN THE ALLY FLOODS BOTH OF OUR BACKYARDS WITH A R~VF..R OF WA'T-eR FOUR TO SIX INCHES DEEP. THIS HAS CAUSED SIGNIFICANT PROPERTY DAMAGE TO STEVEN MURRAYS HOME IN THE PAST AND WILL CAUSE DAMAGE AGAIN. WATER OBVIOUSLY CONTAINING HAZARDOUS CHEMICALS EKE CHLORINE, ACID, PAINT, AND OTHER UNKNOWNS ARE ALSO WASHED DOWN THE ALLY. THE WATER AT TIMES HAS ENTERED ROGER'S PATIO; WHICH IS THE SAME LEVEL AS THE HOUSE. ST:EVEN MURRAY HAS HAD WATER IN HIS GARAGE AND FAMILY ROOM NUMEROUS TIMES. STEVEN'S INSURANCE DEDUCTABLE HAS BEEN RAISED TO FOUR TIMES ITS PRIOR LEVEL BECAUSE OF THE HAZAROUS. CONDITIONS EX/STING AND CAUSING RISK. THEY W11..L NOT PAY FOR ANY WATER DAMAGE CAUSED BY THE ALLY. WE HAVE CONTACTED MIKE CONNOR (ALLY SUPERVISOR) NUMEROUS TIMES OVER THE PAST TWO AND' ONE-HALF YEARS TO GET, THIS SERIOUS PROBLEM SOLVED. MIKE SUGGESTED THAT HE COULD ADD THREE INCHES TO THE SHOULDER OF THE ALLY TO HELP DRAINAGE.THE ALLY IS ALREADy THREE INCHES ABOVE THE LEVEL OF STEVE MURRAY'S GARAGE FLOOR. THIS WOULD CREATE A SIX-INCH DROP. THIS IS NOT A LOGICAL SOLUTION. NOTHING HAS BEEN DONE ABOUT THIS PROSLEM. THE SOLUTION TO THIS PROBLEM IS TO REGRADE THE END OF THE ALLY. THIS W(:AJLD ONLY BE THE LAST NINTY FEET OF THE ALLY BE. HIND 3500 AND 3504 CARDINAL AVE. ROGER BOWMAN CONTACTED MR. PERALEZ ( STREET SUPERINTENDANT) AND HE AGREED THAT REGRADING THE LAST NINTY FEET OF THE ALLY WAS THE SOLUTION TO THE PROBLEM, MR. PERALF-.Z NEEDS THE CITY SURVEYERS TO FIRST SURVEY BEFORE HE CAN GET THE ALLy REGRADED. THE CITY SURVEYERS ARE NOT IN HIS DEPARTMENT AND TIED UP ON OTHER PROJECTS. HE OBVIOUSLY HAS NO CONTROL OVER THEM AND THERE SEEMS TO BE NO COOPERATION OR TEAMWORK BE~VEEN THE DEPARTMENT OF PUBLIC WORKS AND THE STREET DEPARTMENT. THIS WAS VERIFIED BY ROGER BOWMAN WHO CONTACTED THE DEPARTMENT OF PUBLIC WORKS AND ALSO MR. PERALEZ.. WE ARE NOW AT A DEAD.END IN GETTING THIS PROBLEM INVOLVING HAZARDOUS CHEMICALS AND PROPER'Pr DAMAGE AFFECTING OUR HOMES SOLVED. WE[ TRUST THAT YOU CAN GET SOME RESULTS FOR US. ALL WE WANT I$ TO GET NINTY FEET OF ALLY SURVEYED AND REGRADED. WE HAVE BEEN PATIENT FOR ALMOST THREE YEARS. SINCERELY, ROGER BOWMAN STEVEN MURRAY B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM October 27, 1999 TO: Honorable Mayor and City Councilmembers FROM: Alan Christensen, Assistant City Manager/4/~ SUBJECT: Response to Referral from Councilmember Demond on Parking near Centennial Center (Federal Building) Councilmember Pat Demond asked that staff contact a Mr. Ganong regarding parking time limits for parking spaces near his place of business. Mr. Ganong was contacted by Jake Wager, Economic Development Director, and informed that if he was interested in increasing time limits for parking spaces used by his business, the Traffic Engineering department is available to assist him. cc Jake Wager, Economic Development Director AC · ,.. _...-_ ,...~. '_..:, ,, '. OCT 2 8 1999 October 28, 1999 TO: Alan Tandy, City Manager FROM: Randy Fidler, Chief Code Enforcement Officer ~ SUBJECT: Council Referral WF0018280 - Weed Abatement along Railroad Right-of-Way The McKittrick Branch railroad right-of-way through south Bakersfield is owned by Union Pacific Railroad. They lease the line and 50' of each side to San Joaquin Valley Railroad. In some areas the right-of-way exceeds that 100' strip. Both companies have employed contractors to abate their portions of the right-of-way and the work is currently 80% completed. The areas referred by Councilmember Salvaggio near the Holiday Inn on Hughes Lane and behind Teal Street are 100% completed. I will continue working with San Joaquin Valley Railroad until they complete abatement of the tumbleweeds and along occupied property lines. MT:km cc: Trudy Slater, Administrative Analyst .:, ,i" OCT 2 8 1999' .i MEMORANDUM '~"?~' ~'*' '.~', ~': - '~ .... ..... October 28, 1999 TO: A1an Tandy, City Manager FROM: Randy Fidler, Chief Code Enforcement Officer SUBJECT: Council Referral WF0018281 - Dead Trees at Taco Bell A notice was given to the manager of Taco Bell and they replaced the trees per site plan and Planning Department requirements. RF:km cc: Trudy Slater, Administrative Analyst BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: OCTOBER 29, 1999 SUBJECT: FREEWAY ALIGNMENT CORRESPONDENCE Council Referral Record ftWFO018292 / O01 Councilmember Rowles requested Jack LaRochelle contact him regarding correspondence from dulie Trigueiro concerning the freeway alignment. On Wednesday, October 27, 1999, Councilmember Rowles was contacted by Jack LaRochelle concerning Mrs. Trigueiro's correspondence. Based on that conversation, Mr. LaRochelle will compile information concerning the planned freeway alignment near Mrs. Trigueiro's home including proposed horizontal alignment and elevation. This information will then be sent to Mrs. Trigueiro with a follow-up phone call to address any other concerns she may have. G:\GROUPOA~Referrals\Rowles\Freeway alignment corresondence.wpd · ~ City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018292 / 001 PROJECT: DATE PRINTED: 10~27~99 REQUEST DATE: 10/20/99 CREW: TIME PRINTED: , 9:06:26 SCHEDULE DATES LOCATION: ~'rA/iT: ±0~20~99 LOCATION ID: ZIP CODE: COMPLETION: 11/01/99 GEN. LOC: WARD5 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: ROWLES ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: FREEWAY ALIGNMENT CORRESPONDENCE REQUEST COMMENTS ***REFERRAL TO JACK LAROCHELLE*** ROWLES REQUESTED JACK LAROCHELL CONTACT HIM REGARDING CORRESPONDENCE FROM JULIE TRIGUEIRO CONCERNING THE FREEWAY ALIGNMENT. COPY OF CORRESPONDENCE PROVIDED TO PUBLIC WORKS. Job Order Description: FREEWAY ALIGNMENT CORRESPONDENCE at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE /__/__ · .~ .' OCT ~ 5 1999 Dear Randy, ?UBL~C WORKS DEPARTMENT I enclosed this article, because I realize many people have this viewpoint. It hurts when people make these blanket statements about someone, when they don't bother to understand the facts. The truth is my husband and I did ask about the freeway. We were building our dream home. This was. an extremely important decision because we knew that we would be raising a family. I have had people directly tell me when I express my worries, "Well you knew it was going to be there." There are several of us in the Rio Vista Estates area who were led to believe other things. New homeowners in the area are still being told "half truths". We were told that it would be like a Truxtun extension and "they" are just calling it a freeway and that it would be 20 years away. Allignments were not set, they were just being discussed'. I guess I am just naive. I also hear people say over and over, "the only people who ever oppose freeways are the people affected by it." It is so easy to turn the other cheek and say statements like that when people only think about themselves and not the "faceless" people whose lives will be affected by it. I hope that these people will remember that when they use this freeway that some unknown people have sacrificed their homes and dreams. It doesn't pay to wonder what we could have done differently. I thought we were careful. I guess I'm old fashioned. Instead of compassion in people's eyes, I see dollar signs and greed. I think the simple Dr. Seuss book and video, The Lorax sums it up best. Some days I feel like the Lorax. Julie Trigueiro Distributed to: Mayor Council City Atty, L..-" 5her '-.~'- By City Clerk Date I ~).-'~'--~ Julie Trigueiro 14415 Via Contento Bakersfield, CA 93312 589-0343 Dear Randy, My name is Julie Trigueiro. We spoke after the KCOG meeting on Thursday, September 16, 1999. I was very impressed how attentive the board was to every speaker. I genuinely believe that every person on that board took the position to make their community a better place and to be available to hear the voices of the citizens in their community. I know it wasn't for the love of six hour meetings, time away from family, and dealing with, let's just say unhappy people. I also left knowing the struggles of making decisions that affect everyone. I used to think that the KCOG board just made decisions and didn't care if anyone was affected by it'. After staying, I realized that they are very much concerned with helping and listening to the public. I also never expected anyone on the board to speak to an ordinary citizen like me. I appreciate you taking your time to help answer questions along with "Mr. Tehachapi". (I'm sorry I forgot his name) I live on "Lot 17" at the end of Via Contento. My home backs up to Renfro. i have to admit I was shocked when'l looked at the map and saw that an overpass might be directly behind or possibly in my backyard. We were told the freeway was going to be depressed at a meeting I attended at a Rosedale school. It seems like people driving on it would be able to look in my backyard. I just don't want people to get car sick if they have to see me in my bikini. I'm a Bakersfield girl and I don't want Bakersfield to be on an episode of "Fleecing of America" about a freeway whose ultimate purpose was to connect two freeways, but never did. It takes strength and courage to admit it may not work, especially on a project that everyone has worked so hard on. However, if it is going to be built, could you at least consider making it as painless as possible for me and my family when the time comes. Just,remember Julie, Lot 17. Thank you, --dulie Trigueiro ' Kern myer rreeway desperately needed ! am responding to some recent let- ters opposing the Kern River Freeway, most of which have been based on rnis- leading and inaccurate hnfonnalion. Under state law, the new freeway cannot fulfill the hysterical predictions of its opponents, such as damaging grotmdwater, po[luting the air for nearby residents, polluting the river ~th chemical spills or destroying the area's-natural habitat_ This is because under the California Environmental Quality .act (CEQA),~all of the free- ways impacts on the area and its resi- dents must be 100 percent miti~,uted or other se solved) treeway cannot be bufl~ ' - ' ' Of course, construction of a m,~r, new roadway will have an impact on the surrounding areas. But the sigr~ cant benefits of the Kern R/ver ~ absolutely outwe/gh the neg,/yes. No other possible freeway ~gn~ merit will reduce traf~c congestion in our'eity's n~or growth area, western metropolitan Bakersfield. Additionally, the K~rn River Freeway w-~ take large trucks off our deteriora~qg local streets as they travel bet~veen lnte~mte 5 and Highway 99. The freeway opponents mounted an llth-hour opposition t6 this long- plaru~.ed and desperately needed tmrts- portation corridor. They'live near it, don'~ 'like it, but failed to investi~e what v~as planned near theft nelgh~r- hoods before they moved there · N · 9w they want the rest of us to satis- fY their whim by altering our adopted ;]0~0 General PI,an, thro~g away yea~ of long-term u-,msportat/on planning As a taxpayer and local motorist, I refuse to pay the price for their irre- sponsibility KELLY M. GARCIA Bakersfield B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM October 29, 1999 TO: Councilmember Couch f--~-. FROM: ,~John W. Stinson, Assistant City Manager SUBJECT: Referrals dated 10/20/99 The following are staff responses to the referrals made by you on 10/20/99. #1 Question: "Request of Pam McCarthy: Please provide Council cards and envelopes." Response: Two rolls of stamps, stationary and note cards were provided to you on Wednesday, October 6th. #2 Question: "Please provide new precinct lists when available." Response: Lists have been copied and are available. However, you must sign for the documents, per State law. The Clerk's office has placed a note in your mail box to advise you of this. #3 Question: "Did Ms. Quinones-Vaughn ever respond? I didn't hear from her. I'd like to send a second letter." Response: A second draft letter to Ms. Quinones-Vaughn was faxed to you on 10/27 for your review. A hard copy is attached. Please note: Ms. Quinones-Vaughn has been very cooperative with the City in the past. PG&E is a very large organization, however. Even with cooperation, it can take months for a request to be processed through the bureaucracy. #-4 Question: 'Td like to help this woman if at all possible. Please let me know if there is anything we can do." Councilmember Couch October 29, 1999 Page 2 Response: The first appraisal we contracted for on the property was for $35,000. After several months, we had another one done, and it appraised at $70,000. We eventually approved a settlement agreement of $105,660. While there were special circumstances that led to the above contract, it is the greatest percentage variance from appraised value that we can recall. Further adjustments, after the contract was executed, could set precedents that could negatively impact the City in the future. Would we not be encouraging others to ask for more after the fact? A memo from the City Attorney is being sent to you under separate cover. Technically, at the request of a Councilmember, the item could be agendized and some kind of additional compensation could be paid by overruling the staff recommendation. #5 Question: "Mr. Robertson makes a good case. What would be required to accommodate his request? This situation may occur again and again." Response: A memo is attached from Development Services that explains the procedure for granting Mr. Robertson's request. #6 Question: "How many years will Mr. McMillan be required to maintain his letter of credit? Is it until upon completion of the new sump only?" Response: A memo from Public Works is enclosed which explains the time frame and circumstances for requiring the letter of credit. #7 Question: "Is staff going to recommend that Council take a position on Public Works Initiative Measure B?" Response: The initiative will not appear on the ballot for March, but will most likely be on the next one in November 2000. While the City has not taken a position on this matter, it can be referred to the Legislative and Litigation Committee for discussion. Councilmember Couch October 29, 1999 Page 3 #8 Question: "To avoid any confusion and to keep up to speed, I'd like to attend any meetings of City employees and/or agents of the City and CaITrans, the Equilon Refinery, any Water entities, .Citizens, Citizen Groups, etc. I'd also like a bi-monthly, or weekly, if you prefer, status report on the Kern River Freeway/58 project. Thanks." Response: We do regular status reports for the Urban Development Committee which are issued to City Council with the minutes. Copies of the last two years' reports are attached. We can, however, put them in writing and issue them bi-monthly as a part of "General Information". They are likely to be pretty brief. Since a freeway takes 20 to 30 years, very little happens in the average two week period of time. Certainly, there is no problem with meetings of the City Council, Urban Development Committee, KernCOG, the groups working on the water agency's issues and other public meetings. The request seems extremely broad and all encompassing, however. "All" meetings between City staff and CalTrans? Any meeting between City staff and citizens? We have detail people who meet with CalTrans frequently. We handle citizen inquiries and requests for information. We get calls, we attend public meetings where freeway questions are raised as a side issue. People approach us at social events with questions. To promise councilmember inclusion in every contact would be a practical impossibility. #9 Question: "Could staff look into these constituent calls and respond to the citizen with a short update to me. Thank you." A) Phone Call: Russell Fox regarding rider on property deed indicating sewer hook up within 180 days. Response: Per the enclosed memo from Pubic Works, staff has contacted Mr. Fox, and his concern has been addressed. B) Phone Call: Mr. Lomax regarding lighting at McDonalds at Hageman and Coffee Road. (From Councilmember Couch: "P.S. I agree with this. The lights are probably too high, at wrong angle, etc. This needs to be addressed.") Councilmember Couch October 29, 1999 Page 4 Response: Per the enclosed memo from Public Works, McDonald's has made adjustments to the lighting. Mr. Lomax has requested additional adjustments, so staff will work with McDonalds and keep Mr. Lomax apprised. #10 Question: "Re: Shellabarger. Please have Mr. Rojas call me # 327-9141." Response: Mr. Rojas contacted you on 10/27/99 and faxed information to you regarding the cul-de-sac issue. A memo with hard copies is enclosed. JWS:RS BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy - City Manager FROM: Raul M. Rojas - Public Works Director~ DATE: October 28, '1999 SUBJECT: LANDSCAPE IMPROVEMENTS ON COFFEE ROAD Council Referral No. }YF0018286 / 001 (October 20, 1999) Councilmember Couch referred to the 9/3/99 letter to Ms. Linda Quinones-Vaughn of which he did not receive a response. He requested staff prepare a second letter regarding landscapihg at the Coffee Road and Stockdale Highway (PG&E facility) for his signature. Attached is a copy of the draft letter transmitted to Councilmember Couch on 10/27/99 via facsimile for his review and comments. Attachment G;\GROUPDAT~Referrals\Couch\LndscplmprvmtsCoffeeRoad_WF0018286.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018286 / 001 PROJECT: DATE PRINTED: 10~22~99 REQUEST DATE: 10/20/99 CREW: TIME PRINTED: 13:28:32 SCHEDULE DATES LOCATION ID: ZIP CODE: COMPLETION: 1 /99 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: LANDSCAPE IMPROVEMENTS PG & E FACILITY COFFEE RD. REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REFERRED TO THE 9/3/99 LETTER TO LINDA QUINONES-VAUGHN OF WHICH HE DID NOT RECEIVE A RESPONSE. HE REQUESTED STAFF PREPARE A SECOND LETTER REGARDING LANDSCAPING AT THE COFFEE RD. PG & E FACILITY FOR HIS SIGNATURE. Job Order-~Description:' LANDSCAPE IMPROVEMENTS COFFEE RD.  at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE B A K E R S F I'E L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE' BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJAS, DIRECTOR · CITY ENGINEER October 28, 1999 Linda Quinones-Vaughn PACIFIC GAS & ELECTRIC 1918 "H" Street Bakersfield, CA 93301 ....... Subject: - Coffee Road Facility Dear Ms. Quinones-Vaughn: We recently sent you a letter regarding landscaping of Coffee Road, in the vicinity of your facility at Coffee Road and Rosedale Highway. Coffee Road is an extremely important transportation link in the City of Bakersfield, and the intersection with Rosedale Highway is one of the most used intersections within the City. Because of the high public profile of this intersection, we feel that the aesthetic appearance of this area is very important. We are still interested in PG&E participating in the visual upgrading of this intersection. PG&E's construction of landscaping of the Rosedale Highway and Coffee Road frontage of your facility would greatly improve the appearance of this intersection and would increase the value of PG&E's property in anticipation of a possible future sale of the property. The other half of the upgrading process would be to insure the ongoing maintenance of the landscaping. The commercial property on the east side of Coffee and the north side of Rosedale are responsible for the cost of the maintenance of the streetscape and for one half of the median landscaping through their participation in the Consolidated Maintenance District. Your property is also in the Consolidated Maintenance District, but as a public entity, any payment for maintenance costs is handled through an agreement, rather than through the property tax bill as is typical. The City would be happy to discuss entering into a contract directly with PG&E for the cost of the maintenance of the other half of the medians in Coffee Road and Rosedale Highway. We would welcome a discussion with you on this matter. Please contact the 'Public Works Department at (661) 326-3596 if you have any questions or if you would like to set up a meeting. Sincerely, DAVID COUCH RAUL ROJAS Councilmember, Ward 4 Public Works Director C: City Manager Alan Tandy Jacques R. LaRochelle, Engineering Services Manager m.p.s. G:~GROUPDAT~Letters~1999~PGECoffee10_27.wpd  CONFIDENTIAL - PROTECTED M E M O FI A N I) U M BY ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES October 26, 1999 TO: ALAN TANDY, City Manager . ~/,,~. FROM: MICHAEL G. ALLFORD, Deputy City Attorney SUBJECT: MARTHA S. KNIGHT City began eminent domain proceedings to acquire the "Knight" property located at 615 16th Street for the Amtrak Station Project. During negotiations, both Martha S. Knight and John L. Knight (as Trustees of the Knight Revocable Living Trust) agreed to swap their parcel for a City surplus parcel located at 1601 13th Street and funds were provided to construct a warehouse for storage of props, costumes, etc. used by the Bakersfield Ballet Theatre. When construction began, it was discovered that the new property was not serviced by either sewer or water utilities. Ms. Knight requests the City reimburse her slightly in excess of $12,000 for costs she has incurred in bringing these utility services to the property. For the following reasons, her request should be denied: 1. At the time of the property "swap," the City was not aware the property is not serviced by water and/or sewer utilities. During the approximate nine-year period the City has owned this property, it was always vacant (undeveloped). As a reasonable and prudent business person, Mrs. Knight had an obligation to adequately investigate the property to assure that it met her needs prior to agreeing to the swap; 2. The parties entered into Agreement No. 99-13 dated January 13, 1999 wherein the Knights agreed all claims, causes of action and entitlements arising from this transaction are resolved. This is a binding contract, negotiated in good faith; 3. There is an absence of "consideration" (benefit to the City) for payment of additional funds to the Knights, particularly in light of the negotiated agreement. Absent adequate "consideration" for this payment, the City is subject to both criticism and potential ~iability for improper use of public funds; ALAN TANDY, City Manager CONFIDENTIAL October 26, 1999 Parle 2 4. Mrs. Knight states in her October 16, 1999 correspondence to Councilperson Demond that the City was obligated to disclose the absence of these utilities by virtue of "section 1102 of the Real Estate Disclosure Law of 1989." However, her citation does not support her argument. The law to which Ms. Knight refers (actually Civil Code section 1102) pertains to residential property only. (a) This was a commercial transaction. (b) Civil Code section 1102.2 specifically exempts from the disclosure requirement transfers by eminent domain (1102.2(b)) and transfers or exchanges to or from a governmental entity (1102.2(j)). (c) Pursuant to Civil Code section 1102.4, liability for errors or omissions arises for failure to disclose known conditions. As stated above, no agent or employee of City was aware that the property was not serviced by these utilities; 5. In consideration for acquiring the Knight property, the City paid $75,660 (negotiated figure) and transferred the City property which had an appraised value of $30,000. The property acquired from the Knights in this exchange was purchased by them in September of 1997 for $25,000 (including the storage structure thereon). This transaction placed the Knights in a much better position. Two years ago, they paid $25,000 for a building and land (3,812 square feet) worth approximately $35,000. They obtained a larger parcel (7,623 square feet in a superior location) and $30,000 to construct a new storage facility, both now worth a conservative $75,000 to $100,000. The old structure had limited utility due to its 7 foot ceilings, asphalt floor and small wood doors whereas the new structure has 14+ foot ceilings, concrete floors, roll up doors, curb/gutter/sidewalk, etc.; 6. Don Anderson confirms that Mrs. Knight had her attorney (identify unknown) review the purchase agreement on her behalf. Please do not hesitate to contact me should you have any questions or comments regarding the above. MGA:Isc cc: Bart J. Thiltgen, City Attorney Donald M. Anderson, Senior Real Property Agent S:\MGA\Memos~ATreKnight.wpd MEMORANDUM October 28, 1999 TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRECTOR ,'%. SUBJECT: REFERRAL FROM COUNCIL MEMBER COUCH REGARDING HAROLD ROBERTSON'S CORRESPONDENCE ON VESTING TENTATIVE TRACT 5964 (REFERRAL WF00182871001). In response to correspondence from Harold Robertson dated October 11,1999, (attached) the above was referred to staff with a request that staff look into what would be required to accommodate Mr. Robertson's request. Mr Robertson's request is to have the City Council waive fees and initiate the appropriate General Plan Amendment and Zone Change at City expense on a triangular shaped lot which was intended for an offramp from the Kern River Freeway, but is no longer needed. He reasons that because zoning for the offramp was done in cooperation with the City as a part of a previous annexation and because the City/Caltrans changed their mind, that his client should not have to pay to change the land use and zoning so that the property can be included in a proposed subdivision. In order to accommodate Mr Robertson's request at the next available council meeting Councilman Couch could agendize the item and with council approval waive the fees and initiate a concurrent General Plan Amendment and Zone Change for this property to eliminate existing A (Agricultural) zoning and General Plan designations on the former freeway ramp alignment and replace it with zoning compatible with the subdivision development proposal. The General Plan Amendment and Zone Change would be processed for Mr. Robertson at no cost to the landowner. They would be considered at the December 16, 1999, Planning Commission meeting and February 9, 2000, City Council meeting. cc: Trudy Slater, Administrative Analyst Stanley Grady, Planning Director JM:pas S:~patVnemo,JM,oct27.wpd "' 0C1]-Z7-99 WED 09:08 CITY ~GER'S OFFICE F~X NO. 8813241850 P, 02 · WORK REQUEST ~/JO~ WF0018287 / 001 PR~CT~ DA~ PRI~= 10~22~99 ~ ~O~ST DATE: 10120199 ~W: S~ULE ~ATES. . ~TION = ZIP CODE: C~PLETION: 10/28/99 ~TION ID: pACILI~ NODES FAC~ITY ID: ~F ~R: REQ~ST ~S ........... ~si~e~ Deparnmenu: - D~~' SE~S 0CT-27-99 PED 09:09 CITY I'IP,~GER'S OFFICE FRX NO, 6813241850 P. 03 OFITEFt · R BE T ON ~~ ENGINEERING & "'~rJRV~"¥iNG' INC. October 11, 1999 96-1200 Council Member David Couch CITY OF BAKERSFIELD CITY HALL 1501 Truxtun Avenue Bakersfield, California 93301 RE: Tentative Tract 5964 Dear David: This letter is in response to a memorandum dated September 22, 1999 from Jack Hardisty, Development Services Director, to you regarding the Planning Departments requirement that the current property owner make application and pay the fees for a General Plan Amendment and Zone Change to process vesting Tentative Tract 5964. This memorandum was in response to my letter to you dated September 10, 1999 in which i outlined the zoning history of the property since it was annexed to the City of Bakersfield on April 24, 1991. The Planning Department is requiring a General Plan Amendment and Zone Change because a portion of the property is designated agriculture due to the elimination of a south bound on ramp from Renfro Road to the freeway. (See attached map). The elimination of the on ramp occurred after the annexation and zone change. The intent of my letter was to have the City waive fees for the General Plan Amendment and Zone Change due to the elimination of the area required for a south bound ramp from Renfro Road to l~e freeway. When the original owners (JTM Company) applied for annexation and zoning on this property, they did so in cooperaUon with the City to provide for future alignment of the freeway and ramps. The annexation and zone changes were approved on April 24, 1991. it is clear that the intent of the original application was to have residential zoning on ali the property excepting the freeway alignment. If the governing agency chooses to alter the freeway alignment or eliminate ramps, it shOUld not be the responsibility of the property owner to make application and pay fees to correct zoning discrepancies caused by the changes. In May of t994, Lot Line Adjustment 353 was completed by 1200 - 2fiSt STREET o BAKER$1;IELD, CA 93301 * 6611327-0362 ' FAX 66113Z7-1065 I .003'-'27-99 WF.D 09:09 OITY I1P, I~IaGF. R'$ OFFIOE F~ NO, 6613241850 P, 04 Council Member David Couch October 1 t, lggg Page Two Cuesta Engineering which showed that the south bound on-ramp had been eliminated creating two ~,oning classifications on one property. No request was made by the City tO solve the problem of two zone classifications, on one property at that time. We therefore request that the City Council initiate the appropriate General Plan Amendment and Zone Change at City expense. Thank you for your assistance in resolving this issue. Sincerely, HWPJbjc 00]'-27-99 PIED 09:10 CITY ilI~IRGEE'$ OFFICE FAX NO, 881324.1850 P. 05 ZONE CHANGE P99-0087 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy - City Manager Raul M. Rojas - Public Works Director FROM: DATE: October 27, 1999 SUBJECT: PROPOSED SONIC DRIVE IN ROSEDALE HIGHWAY City Council Referral # WF00'18288 / 001 In accordance with City Council Agreement No. 98-126 (attached), Consumer Science Corporation (dba Sonic Burger) is responsible for all repair and maintenance costs for the drainage facility improvement (these include storm drain, catch basins and a reconfigured sump) until such time as Rosedale Highway is relinquished to the City from the State of California. After this relinquishment, the City will assume the obligation of repair and maintenance of all of the improvements. The relinquishment may not occur for 10 years or more (as stated in --Page 2 of 12 Pages--, Paragraph 1. Parcel Development of the agreement), lhe completion of the sump does not relieve Sonic of their responsibility to pay for the repair and maintenance of the drainage improvements. If Rosedale Highway is not relinquished to the City in 10 years, then the agreement must be extended. G:\sub\SHARED~COUNCIL\COUNCIL.REF~O018288.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018288 / 001 PROJECT: DATE PRINTED: 10~27~99 REQUEST DATE: 10/20/99 CREW: TIME PRINTED: 11:07:21 SCHEDULE DATES LOCATION: $'ra~'l': 10~20~99 LOCATION ID: ZIP CODE: COMPLETION: 10/28/99 FACILITY NODES GEN. LOC: FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: PROPOSED SONIC DRIVE IN. ROSEDALE HWY. REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REQUESTED STAFF RESPOND TO THE FOLLOWING QUESTIONS CONCERNING MR. SCOTT MCMILLIAN AND THE PROPOSED SONIC DRIVE-IN ON ROSEDALE HIGHWAY: 1) HOW 'MANY YEARS WILL MR. MCMILLAN BE REQUIRED TO MAINTAIN HIS LETTER OF CREDIT? 2) IS IT UNTIL COMPLETION OF THE NEW SUMP ONLY? STAFF TO PREPARE A MEMO TO COUCH IN RESPONSE TO THIS ISSUE. Job Order Description: PRopOsED SONIC DRIVE IN. ROSEDALE HWY. Cat~gory: PUBLIC WORKS TasK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE .o. AGREEMENT TO PAY ALL COSTS THIS AGREEMENT is made and entered into on JtlN ! e 1~ , by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation, ("CITY" herein) and CONSUMER SCIENCE CORPORATION dba SONIC BURGER, a cal~.~:o~:r~£a corporation ("SONIC" herein). RECITALS WHEREAS, the State of California Currently owns a parcel of land used as a storm water retention facility hereafter referred to as the "Existing Parcel"; and WHEREAS, the State of California is represented by Caltrans, a division of the State of California; and WHEREAS, SONIC desires to acquire a portion (approximately 45,000 square feet) of the Existing Parcel for development of a commercial project hereafter referred to as the "Sonic Parcel"; and WHEREAS, California State Law requires that before considering conveyances of any state owned right-of-way parcel, the parcel must be "decertified" and declared excess land; and WHEREAS, the Sonic Parcel cannot be declared excess land until the storm water retention facility currently on the "Existing Parcel" has been replaced with a storm water retention facility constructed on the land parcel remaining after the Sonic Parcel has been excluded from the Existing Parcel (the land parcel containing the storm water retention facility is hereinafter referred to as the "New Sump Parcel"); and WHEREAS, State desires CITY to construct the replacement storm water facilities and to take over ownership and maintenance of the replacement facility; and WHEREAS, State has agreed to be responsible for all aspects of right-of-way decertification; and WHEREAS, the CITY is under no duty or obligation to enter into any such agreement with Caltrans; and WHEREAS, the CITY is willing to undertake and assist SONIC but has informed SONIC that CITY will bear no cost or expense of any kind for this assistance; and WHEREAS, SONIC understands and agrees CITY will bear no cost for said assistance; and -- Page 1 of 12 Pages -- ~°~ %~'~ OR~GII',!~! WHEREAS, SONIC is willing to construct and temporarily assume responsibility for the cost of maintaining the replacement storm water facility; and WHEREAS, CITY Water DePartment is currently responsible for the maintenance of Sumps and will initially be responsible for the tracking of the maintenance costs on the New Sump Parcel; and WHEREAS, SONIC has requested the CITY enter into a cooperative agreement and memorandum of understanding (MOU) with the State of California (Caltrans) to provide the replacement storm water facility; and WHEREAS, CITY and Caltrans will enter into a cooperative agreement and MOU to assist SONIC and said agreements are incorporated herein by reference as though fully set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SONIC mutually agree as follows: 1. PARCEL DEVELOPMENT. CITY agrees to enter into a Memorandum of' Understanding ("MOU") and a cooperative agreement with Caltrans to allow the development of a current sump into a commercial parcel and improved sump. The MOU, and cooperative agreement are incorporated by reference herein as if fully set forth. The sump parcel is described in Exhibit "A" which is attached hereto and incorporated by reference. SONIC agrees to design .and construct the new sump and associated drainage facilities ("Improvements" herein) and dedicate the Improvements to CITY upon completion. As more fully described below, SONIC agrees to pay for the maintenance of said improvements until the State of California relinquishes Rosedale Highway to the CITY. SONIC understands the State of California may not relinquish Rosedale Highway to the CITY for ten (10) years or more and SONIC, or SONIC's successor's in interest, must pay the maintenance costs during this period of time. SONIC further agrees to fully inform any successor in interest of these facts and to give this Agreement to any successor in interest for review and agreement prior to any transfer by SONIC of any right or obligation hereunder. 2. SONIC'S OBLIGATIONS: 2.1Comply with all CITY and State requirements for development of the New Sump Parcel at SONIC's sole expense; 2.2 Not to interrupt or interfere with the operation of the existing State- owned drainage basin serving State Route 58 until such time as permanent service can be provided by CITY-owned basin; 2.3 Pay upon demand any and all documented CITY cost or expense arising from or related to this Agreement or the construction of the Improvements; 2.4 Design and construct a new sump and associated drainage facilities (Improvements) that conform to CITY and Caltrans specifications at SONIC's sole cost and expense and obtain an encroachment permit from the State of California and submit plans for review and approval of CITY Engineer and the State of California prior to commencing construction said construction shall not commence until CITY has informed SONIC in writing of the approval of the California Transportation Commission of the cooperative agreement; 2.5 Dedicate additional right-of-way as required for a standard expanded intersection on the frontage of the Sonic Parcel; 2.6 Relocate all utilities as required by CITY for construction of the Improvements to both the New Sump Parcel and the Sonic Parcel at SONIC's sole cost and expense; 2.7 soNIC shall pay all repair and maintenance costs on the Improvements until such time as Rosedale Highway is relinquished to the CITY from the State of California. After the relinquishment of Rosedale Highway to CITY, CITY shall assume the obligation of repair and maintenance on the Improvements. 2.8 SONIC shall, upon completion of the Improvements, dedicate the same to CITY; 2.9 Bond for all construction and maintenance required of SONIC with companies and in a form acceptable to CITY. SONIC shall obtain CITY's written acceptance of the bonds prior to commencing any construction on the Improvements. 2.10 SONIC shall comply with any and all Caltrans or State of California orders or requirements to CITY relating to or arising from this Agreement. 2.11 SONIC shall cause to be recorded at the Kern County Hall of Records a covenant disclosing the existence of this Agreement in a form acceptable to the CITY. Said covenant shall be recorded within thirty (30) days of the 'execution of this Agreement. ,~,greement ToPayAIICosts $:~PUBWORK$~.GR$~SoaicAgr.d~2.wlxIC°nsumerS~e~=eC°l'P°rationDBAS°~ici~urger ~ ~ Page 3 of 12 Pages -- -~dl 10, 1~ -' ~ ORIGINAL 2.12 SONIC shall provide a $10,000 Letter of Credit to secure payment of the maintenance on the improved sump and drainage facilities in a form and amount acceptable to the CITY's Finance Director. Said Letter of Credit shall be provided within thirty (30) days of the execution of this Agreement. SONIC shall annually pay the documented maintenance cost of the sump and Improvements. Failure to pay within thirty (30) days will cause the CITY to collect against the Letter of Credit. 2.13 SONIC shall, at its own sole expense, provide all soil reports and all environmental documentation. 3. NO CO,iT TO CITY. SONIC understands and agrees CITY shall bear no cost of any type or kind relating to or growing out of this Agreement with the sole exception of future maintenance cost on the sump. All fees, costs, taxes, and charges of every type, kind and nature, except maintenance of the sump after the relinquishment of Rosedale Highway, shall be born solely by SONIC. 4. MANNER OF CONSTRUCTION. The Improvements shall be installed and constructed in accordance with all of the following: 4.1 Title 16 of the Bakersfield Municipal Code. 4.2 The California Subdivision Map Act. 4.3 Approved plans and specifications. 4.4 Adopted City Standards, 4.5 All Caltrans requirements. 4.6 Good engineering practices and workmanlike manner. 5. TIME FOR COMPLETION. All of said Improvements shall be completed in full in accordance with the terms of this Agreement and to the satisfaction of the CITY Engineer within one (1) year from the date of approval of this Agreement or any extension of said completion date granted by the CITY Engineer. 6. INSPECTION AND APPROVAL OF IMPROVEMENTS. 6.1 All Improvements shall be subject to inspection by the CITY Engineer or his designee and shall be completed to his satisfaction. 6.2 When all of the required Improvements have been satisfactorily completed, upon written application of SONIC, the CITY Engineer or his designee shall inspect and approve the same within a reasonable time and shall file his certificate showing the date of inspection and approval and he shall make his order accepting or approving the Improvements. Agreement ToPayAIICosts ConsumerSclenceCol3)matl~lDJ~.Sonl~rger 4 of 12 S :'~PUBWOIRKS ~ R$~kT, Agt',d r2 .wlxl -~,~ ~0, ~ -- Page Pages -- I.- rn ORIGINAL 6.3 Such order of acceptance or approval made by the CITY Engineer shall be deemed operative from the time of the CITY Engineer's or his designee's approval of improvements as shown in his said certificate. 6.4 Except as otherwise provided, SONIC and its surety shall be deemed released from liability for damage or injury to such work as accepted by CITY from and after the time said order is operative. However, the foregoing provision shall not relieve SONIC or its surety from any damage or injury to such improvements or any maintenance required therefor arising from any work undertaken by SONIC or its surety, or as may necessarily be done by the CITY in the performance of any part of the required Improvements as a result of any default in the performance of this Agreement by SONIC or its surety or arising from any willful act or negligent act or omission of SONIC or its surety or their contractors, agents or employees, or arising from defective work or labor done or defective materials furnished in the performance of this Agreement. 7. GUARANTEE AGAINST DEFECTS. SONIC hereby guarantees all features of the Improvements for a period of one (1) year following recordation of a notice of completion on public Improvements, against defective work or labor done, or defective material furnished, in the performance of this Agreement'; and SONIC agrees to correct, repair or replace promptly when demanded by the CITY, all such defective work or labor done, or defective materials furnished, as may be discovered within such one (1) year period and reported to the CITY Engineer. SONIC shall also pay for all repair and maintenance of the Improvements until the State of California relinquishes Rosedale Highway to the City of Bakersfield; 8. IMPROVEMENT SECURITY. 8.1 This Agreement shall be secured by good and sufficient security, which shall be filed with the CITY prior to approval of improvement plans by the CITY Engineer. This improvement security does not include the Letter of Credit guaranteeing payment of sump maintenance expenses. The payment of sump maintenance expenses is to be handled separate from the improvement security. Such improvement security shall consist-of either (1) a corporate surety's faithful performance bond and bond for the security of laborers and material men or (2) a deposit of cash or negotiable bonds, or (3) an irrevocable instrument of credit; each of which is subject to the requirements of Section 16.32.020 of the Bakersfield Municipal Code. The form of all documents relating to such security shall be subject to approval by the CITY Attorney. The corporate surety bonds shall conform substantially with the form set forth in Sections 66499.1 and 66499.2 of the Map Act. The estimated cost of the various features of improvements, as shown on the attached Engineer's Bond estimate, Exhibit "B," attached hereto and incorporated as though fully set forth herein, shall be used, if applicable, as the basis for the reduction of security in connection with the CITY Engineer's acceptance or approval of any portion of the Improvements, or any unit thereof. Consurne~cienceC, orporatlon~nicBu~'g~ ~ S:'~=UBWOf~KS~GRS~Sonic~r.dr2.wIxl I--- rn ..~,, lo. ~e~ -- Page 5 of 12 Pages --. ;3 ~ ORIGINAL 8.2 Said improvement security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Improvements, conditioned upon the faithful performance of the Agreement for the full and timely completion of the Improvements in accordance with this Agreement. 8.3 Except as provided in Section 16.32.040 B. of the Bakersfield Municipal Code, additional improvement security shall also be provided in an amount of fifty percent (50%) of the total ~estimated cost of the Improvements, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the work. 8.4 Additional improvement security shall' also be provided in an amount of ten percent (10%) of the total estimated cost of the Improvements, to be provided prior to CITY acceptance of the Improvements, guaranteeing and warranting for a period of one (1) year following recordation of a notice of completion on public improvements, all improvements against any defective work or labor done or defective materials furnished. 9. REDUCTION AND RELEASE OF SECURITY. 9.1 Improvement security may be reduced on order of the CITY Engineer upon completion of a phase of work which is operational and usable as a public improvement. 9.2 Improvement security for payment to the contractor, or any of his subcontractors or any person renting equipment or furnishing labor or materials to them for the improvements may, sixty (60) days after recordation of a notice of comPletion, be reduced to an amount not less than the total of all claims on which an actiOn or stop notice has been filed and notice thereof given in writing to the CITY, and if no such action or stop notice is filed, such improvement security may be released in full. 9.3 The secudty identified in section 8, Improvement Security shall be finally released to the SONIC one (1) year following the recordation of a Notice of Completion and Acceptance by the CITY, provided that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such one (1) year period and reported in writing to CITY, and further provided that no damage has been done to the Improvement work after its approval by any other work undertaken by the SONIC. 9.4 In the event defective work, labor or materials has been discovered or damage to the Improvements has resulted from SONIC's other work, the security shall be released upon satisfactory repair or replacement of the defective or damaged Improvements, as determined by CITY, or after expiration of the one (1) year specified above, whichever occurs later. Agreement ToPayAIICosts ConsumerSciem=eCorporaflonOaA~onk:Burger $ :~=UBWORK$~AGRS~S~nic, Ag r ,dr2 .wlxl -~,~ lo. ~ -- Page 6 of 12 Pages -- 0RIG~NAL 10. COMPLETION OF SURETY OR CITY. 10.1 If the CITY Engineer, in the exercise of his reasonable discretion, determines: 10.1.1 That SONIC has failed to properly and fully complete all of the work of Improvement in accordance with this Agreement, and within the time, or any extension of time, provided herein; or 10.1.2 That SONIC has failed or neglected to begin the work, or any feature of the work, within a time which will reasonably allow its completion within the time, or any extension of time, provided in this Agreement; or 10.1.3 That SONIC has abandoned any of the work; or 10.1.4 THAT SONIC, if he shall be an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; or 10.1.5 That SONIC has filed a petition in bankruptcy or has been declared bankrupt; then the CITY Engineer may give SONIC and its surety fourteen (14) days written notice to proceed with the work, without prejudice to any other remedy the CITY may have in law or equity. 10.2 If the surety shall proceed with the work, the surety shall be subject to all of the provisions of this Agreement as in the case of SONIC. 10.3 If SONIC or its surety shall fail or neglect to proceed with the work diligently and in good faith in accordance with this Agreement after such notice has been given, within seven (7) days after such notice has been given the CITY may, at its sole option and without prejudice to any other remedy, provide the necessary supervision, equipment, materials and labor as it may determine necessary to undertake and complete the work of improvement or any part thereof in the manner required by this Agreement, by independent contract or by CITY forces, all for the account and at the expense of SONIC, and SONIC and its surety shall be liable to the CITY and shall pay the CITY, on demand, any expenses incurred by the CITY in the course thereof. 11. NO GUARANTEE. CITY does not guarantee Caltrans will perform any act or transfer any property as a result of this Agreement, or any agreement mentioned in this contract. CITY is not required and does not agree to Undertake any steps to cause ,~greement ToPayAllCosts ConsumerSelenceCorp~l~onl::~A~onic~rger ..~ %~ J(~'~13 S:~UBWORKS~,GR$~Sonic~r.d~2.w~l ~ -,~ -~ ~o. 1~ -- Page 7 of 12 Pages -- OR~GI~L Caltrans to perform any act or to take any actions whatsoever as a result of this Agreement or any agreement mentioned in this contract. In the event Caltrans fails to transfer the Existing Parcel and Improvements as contemplated within this Agreement, this Agreement shall never become operational and no duties or obligations will be imposed upon either CITY or SONIC. 12, INSPECTION OF PROPERTY. SONIC has inspected all property involved in this Agreement and is not relying on any CITY representation concerning the parcels. 13. ACCEPTANCE OF WORK OR SERVICES. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement. 14. ACCOUNTING RECORDS. SONIC shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in Performance of this Agreement. Such records and documentation shall be kept at SONIC's office during the term of this Agreement, and for a period of three (3) years from the date of the completion of SONIC's development, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 15, ~e~zl~l..~. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 16. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 17. CQMPLIANCE WITH ALL LAWS. SONIC shall, at SONIC's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. t8. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and this Agreement is binding upon said corporation or organization in accordance with its terms. 19. ~J_~]~t. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. ConsumerSciem:eCorporafiol~DaASonicBurger .~. ~. S:~LiB1NORKS~AGRS~Seni~r.d~2.wpd . ~.. rn -,~orlll0, 1898 -- Page 8 of 12 Pages ~3 ~ ORIGINAL 20. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 21. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 22. ~. SONIC shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by SONIC, $ONIC's employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except as limited by California Civil Code section 2782. 23. II~. In addition to any other insurance or bond required under by this Agreement, the SONIC shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 23.1 Automobile liability_ insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 23.1.1 Provide coverage for owned, non-owned and hired autos. 23.1.2 Provide contractual liability coverage for the terms of this Agreement. 23.2 Droad form commercial aeneral liabili~ insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 23.2.1 Provide contractual liability coverage for the terms of this Agreement. Agreement ToPayNICosls ConsumerScienceCorporalionDBASoni,~Burge~ ~ ~J~,,~..~ S:~PUBWORKS~.GRS~SonlcAgr.dr2.wlxl Page 9 of 12 Pages - '-' --April 10, 1998 -- ORIGINAL 23.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 23.3 Workers' comDensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. All policies required of SONIC shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the SONIC's insurance and shall not contribute with it. Insurance is to be placed with insurers with a Bests' rating of no less than A:VlI. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. SONIC shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for SONIC. 24. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the CITY Council and signed by all the parties. 25. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with SONIC or associate in any such relationship with SONIC by reason of the provisions of this Agreement. SONIC shall not for any purpose be considered an agent, officer or employee of CITY. 26. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 SONIC: CONSUMER SCIENCE CORPORATION dba SONIC BURGER ~9'1 Pine View Drive Bakersfieldr California 93307 28. TAX NUMBERS. "SONIC's" Federal Tax Identification No. 77-0292908 "SONIC" is a corporation? Yes x No (Please check one.) 29. TERM. This Agreement shall commence upon execution and terminate upon the deeding of Rosedale Highway from Caltrans to the CITY. 30. TIME. Time is of the essence in this Agreement. Agreement ToPayNICosts Consumer-r-r-r-r-r-r-r-r-r~=lem=eCo~x)ratim~ [:3~ASo~lcBurger S:~PUBWORKSV~GR$~o~ir~r.dr2.Y4xl ~ ~o, 1~ -- Page 11 of 12 Pages - ORIGINAL 31. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 32. BROKERS AND FINDERS. The parties acknowledge and represent that no broker or finder has been used in connection with this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "ClT~' "SONIC" CITY OF BAKERSFIELD CONSUMER SCIENCE CORPORATION dba SONIC BURGER Mayor Title: , APPROVED AS TO CONTENT: PUBLIC WORKS DIRECTOR Public Works Director APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY City Attorney COUNTERSIGNED: ~ ADD:dlr Attachments: Exhibit "A" and "B" ,~greement ToPayNICosts ConsumerScieneeCorpomt~nDBASonicBurger I::) ,,~ 12of 12 o,,.. __ ~'~' S:~PUBWORKS~GRS~SonicAgr.dr2.WlXl ORIGINAL EXHIBIT A ENGINEER'S ESTIMATE DATE: 5/14/98 SONIC DRIVE INN, ROSEDALE AT EL TORO SITE SUMP IMPROVEMENTS (CAL TRANS) ITEM ESTIMATE UNIT TOTAL QUANTITY COST COST I. SITE GRADING: 1. Sump Grading · Excavate Sump 6262 c.y. $8.00 $50,096.00 TOTAL GRADING: $50,096.00 II. STORM DRAIN: 1. 24" Storm Drain (R.C.P.) 451 I.f. $42.00 $18,942.00 2. Storm Drain Manhole 1 ea. $2,200.00 $2,200.00 3. Catch Basin 2 ea. $3,000.00 $6,000.00 4. Standard Outlet Structure i ea. $1,500.00 $1,500.00 TOTAL STORM DRAIN: $28,642.00 III. MISCELLANEOUS: 1. 6' Chain Link Fence (Rdwd. Slats/Cone. Ftg.) (Including Gates) 722 l.f. $24.00 $17,328.00 2. Site Landscaping 1 ea. L.S. $10,000.00 $10,000.00 (El Toro Drive) 3. Civil Engineering 1 ea. L.S. $5,000.00 $5,000.00 TOTAL MISCELLANEOUS: $32,328.00 TOTAL CONSTRUCTION COSTS $111,066.00 CONTINGENCY 20% $22,213.20 TOTAL $133,279.20 NOTE: This estimate is issued for the purpose of bonding for improvements associated with the construction of a drainage stunp for Cai-Trans. No development of surrounding properties is included. Street improvements will be included in the development of the property to the north. Landscaping is for the El Toro Frontage. BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager - FROM: Raul Rojas, Public Works Director ~~~......------~ DATE: October 26, 1999 SUBJECT: URBAN DEVELOPMENT COMMITTEE MEETINGS 1998-1999 FREEWAY UPDATES Enclosed are copies of Agenda Summary Reports relating to Freeway Updates: Agenda Summary Reports Urban Development Committee Meetings 1999 1998 Monday, September 27, 1999 Monday, September 28, 1998 Monday, August 30, 1999 Thursday, August 20, 1998 Monday, July 12, 1999 Wednesday, June 17, 1998 Monday, May 10, 1999 Wednesday, April 23, 1998 Monday, April 5, 1999 Wednesday, March 4, 1998 Monday, March 1, 1999 Wednesday, February 4, 1998 Wednesday, February 17, 1999 Wednesday, January 7, 1998 Please let me know if additional information is needed. DRAFT BAKERSFIELD [ - Randy Rowles, Chair Alan Tandy, City Manager David Couch Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, September 27,1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:15 p.m. Present: Councilmembers Randy Rowles, Chair; David Couch and Mike Maggard 2. ADOPT AUGUST 30, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS Pauline Larwood spoke regarding the request she made at the joint City Council/County Supervisors meeting regarding creating a joint city/county committee to review development standards within the 2010 General Plan boundaries. It was explained that the City Council had not yet taken any action to respond to her request and that the item could be addressed directly by the Council or possibly referred to a Committee to review her request. DRAFT URBAN I~EVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, September 27, 1999 Page -:2- 5. DEFERRED BUSINESS A. Metropolitan Bakersfield freeway status report Mai'ion Shaw gave a bdef update on the status of freeways in metropolitan Bakersfield. She provided a memo that was requested regarding Centennial Corridor land acquisition by the state. Raul Rojas gave a bdef update on the Kern River freeway status. He indicated that staff has been discussing a potential solution to the connection of the Kern River freeway to Highway 99 with CalTrans. Ron Brummett indicated that CalTrans is preparing cost estimates for Kern COG for each of the mute alternatives for the Kern River Freeway. A summary memo with information on the Century freeway was also distributed in response to a previous Committee request. Staff indicated that a more detailed report by the California State Auditor on the Century Freeway was available upon request. B. Staff report regarding transfer of development rights Jack Hardisty distributed a memo and gave a presentation in the use of transfer of development · rights O'DR) for potential water recharge areas to the Committee. He indicated that such programs may be difficult to implement due to administrative cost and legal liability issues. It was explained that the purchase of easements, options on property or outright purchase could possibly be more cost effective that a TDR program. He explained that Planning Director Stan Grady would be giving the City Council a workshop of broader scope on TDR programs and additional information would be provided at that time. C. Staff report regarding Charrette Process Jack Hardisty gave a presentation on the Charrette process a'nd provided the Committee with a handbook on the process as well as some examples of how it has been used by other communities. Councilmember Rowles indicated that he and staff had met with representatives from the local chapter of the Amedcan Institute of Architects who are interested in assisting with this process. Councilmember Rowles asked that Mr. Hardisty research the cost of a facilitator should the City want to consider using the Charrette process and bdng that information back to the Committee. 6. NEW BUSINESS A. Review and Committee recommendation regarding existing City ordinances ·relating to manufactured homes Jack Hardisty gave a presentation regarding the regulation of manufactured homes within the city. He indicated that the state generally regulates manufactured homes, with the city having limited regulatory authority. He explained that the City could limit the use of manufactured homes more that 10 years old on R-1 lots should the Council choose to. However, there could DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, September 27, 1999 Page -3-. be issues of housing affordability if this change were 'made. The Committee asked that staff provide additional information regarding manufactured homes and bdng this item back for further discussion. B. Discussion and Committee recommendation regarding standards for billboards bordering City/County areas Staff distributed a comparison of city and county standards for billboards. Upon review the committee requested that staff draft a letter for City Council action to be sent to the Board of Supervisors requesting that the City and County work together to have consistent standards for billboards within the metro Bakersfield area. This would be in keeping with the goal of having consistent planning and development standards within the metropolitan area. C. Set next meeting The next meeting was set for October 25, 1999. 7. COMMITTEE COMMENTS None 8. ADJOURNMENT Adjourned at 3:10 p.m. cc: Honorable Mayor and City Council Attendance: Staff: Assistant City Manager John Stinson, Chief Assistant City Attorney Bob Shed'y, Public Works Director Raul Rojas, Development Services Director Jack Hardisty, Water Resources Mar~ager Gene Bogart; Civil Engineer Madan Shaw; Finance Director Gregory Klimko; and Planning Director Stan Grady. Public: Ron Brummett, Kem COG; Roger Mclntosh, Martin-Mclntosh; Renee Nelson; Pauline Larwood, Smart Growth Coalition; and Chuck Feer, KERO - TV 23. s:John\UrbanDev\UD99sept27summary.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Urban Development Committee ~'ROM: Raul M. Rojas, Putdic Works Director DATE: September 27, 1999 SUBJECT: Century Freeway At the last Urban Development Committee meeting, a question was raised regarding the Century Freeway and some problems associated with it. Please find attached for your information a copy of the executive summary of the California State Auditor's report number 99113, "Department of Transportation: Disregard!ng Early Warnings Has Caused Millions of Dollars to Be Spent Correcting Century Freeway Design Flaws". The Century Freeway has had problems with rising groundwater in a segment of the freeway that was constructed below ground level (about 15 - 20'). This segment crosses a water recharge area. This has caused some fairly serious problems with the pavement and the drainage system. CaiTrans has spent $22 million in emergency repairs and plans to spend another $45 million for permanent repairs to the drainage system. Evidently, CalTrans agreed to extend the lowered section of the freeway across this water recharge area, but did not sufficiently design the freeway for those conditions. The State Auditor has made some recommendations for both this specific project and all future projects designed to prevent this from happening again. The Business, Transportation and Housing Agency and CalTrans has'agreed ii, ith the Grades have not Yet been set for the segment of the'Kern River Freeway crossing` the. water recha~-i~'~}?~rea. G:~GRoUpDAT~Memo'~ 1999~UrbDevCenmryFrceway.wpd RMR:mln ac: · Readin8 File Pm. iect File Jact~ue~ R. La Rochelle Marian P. Shaw !':!TV MAI"~,.GF_.R'$ nc-:' B A K E R S F I E L D I .... ..: .... PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Urban Development Committee ~.,~ Raul M. Rojas: Public Works Director FROM: DATE: September 21, 1999 SUBJECT: Centennial Corridor Property Acquisition Update To date, the City has acquired nearly 45 acres of land within the City's adopted Specific Plan Line. Revenue for these purchases has come from the Metropolitan Bakersfield Transportation Impact Fee prograln. Another 40 acres of land has been rescued through the subdivision mapping process. This properly has already been appraised in its pre-development condition comistent with State law and will be purchased at a later date. The City has also requested that CalTrans pursue an early purchase of property which is outside the City's currently adopted specific plan line but which will fall within the Siate's proposed plan line. The property at the southwest comer of Coffee Road and Brimhall Road was being processed through the City for a Site Plan Review for a large retail store. Because of the property's status of "immanent development", CalTrans may be able to utilize the provisiom of the Eaves Bill to start the early acquisition of the property prior to construction of any improvements, thereby realizing a considerable savings. California State Auditor:Bureau of State Audits Summary. of Report Number 99113 - August 1999 Department of Transportation: Disregarding Early Warnings Has Caused Millions of Dollars to Be Spent Correcting Century Freeway Design Flaws RESULTS IN BRIEF After .nearly 30 years of controversy, court injunctions, and delays, the California Department of Transportation (CalTrans) opened the Century Freeway in Los Angeles County in October 1993. In March 1995, problems again arose for the freeway when, less than two years after the opening, CalTrans discovered cracking and sunken sections in the shoulder areas of the freeway that it had constructed below m'ound level. Although it originally ·thought the problems involved maintenance issues, by J-anuar~ 1996 CalTrans became aware that matters were far worse: it had not designed the lowered section of the freeway to compensate sufficiently for the effects of risin~ .,o-roundwater beneath t_h_!_b~ pav._..__ement._ During thc planning, design, and construction phases for the Century Freeway, CalTrans disregarded · warning signs that could have prevented design flaws in the freeway's 3.5-mile lowered section. Most significantly, CalTrans disregarded the 1968 recommendation of its staff to test extensively the soils and the groundwater levels in the area planned for the lowered section, even when it designed the modified storm-drain system for the freeway in 1973. Further, in late 1981, CalTrans agreed to extend the length of the lowered section of the freeway west toward the Los Angeles River, and the department apparently desi_o-ned this extension without adequate research and consideration, such as additional testing of the soil 7md groundwater conditions in the area. If CalTrans had performed these tests, it could have realized the rising groundwater would threaten the freeway as designed, and it could have taken appropriate steps early in the project. CalTrans has documents from 1987 showing that groundwater levels had risen substantially between 1985 and 1987 in the area planned for the below ground level section of the freeway. However, because this analysis was for determining bridge foundations, it was not sent to the district unit designing the lowered section. During construction of the drain system for thc lowered section in Jul.,,' 1990, CalTrans installed four dewatering wells because it was encountering a lot of water.. The ground was so wet that CalTrans halted construction for more than six weeks. Another six years passed before CalTrans realized it had a serious groundwater problem. While CalTrans was struggling to move forward with the Century Freeway project, another agency was taking action that was to have important consequences for the freeway. The freeway crosses over two groundwater basins. By the 1950s, the groundwater of these basins had been overpumped, reducing available groundwater supplies while demand for groundwater was increasing. As part of the effort to restore the health of the groundwater basins, a water replenishment district was established in 1959 to return water to the basins. By early 1997, the groundwater levels had increased over 30 feet. Although the groundwater replenishment involves all the geological layers, those layers closest to the surface, which are about 25 feet below grade, are the ones affecting the lowered section of the Century Freeway. CalTrans may have pushed ahead without farther analyzing groundwater conditions because it was under some pressure to begin construction of the freeway after the 1981 lifting of a court injunction that had halted progress for many years. To qualify for federal highway funding for this project, CalTrans had to meet certain construction deadlines. In January 1996, once CalTrans acknowledged that the cracking and sinking were more than ongoing maintenance problems, it spent $22 million in emergency repairs and planned to use another 545 million for permanent repairs to the drainage system. CalTrans engaged both in-house engineers and outside consultants from academia and private practice to evaluate the underlying causes of the problems and develop options to resolve them. 9 20 99 12:49 p.x _ of 2 DRAFT BAKERSFIELD _(~~ Randy Rowles, Chair Alan Tandy, City Manager David Couch Staff: John W, Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, August 30,1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:15 p.m. Present: Councilmembers Randy Rowles, Chair; David Couch and Mike Maggard 2. ADOPT JULY 12, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. Update on current status of Bakersfield area freeway projects - Rojas Public Works Director Raul Rojas gave an update on various freeway projects. He indicated the resurfacing of highway 178 would be finished in about a month according to Caltrans. There was a discussion about the Kern River Freeway environmental DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, August 30, 1999 Page -2- assessment continuing and possible acquisition of land for right-of-way by Caltrans. Councilmember Couch requested a memo from Public Works regarding Caltrans freeing up funds for these purchases. Gene Bogart gave an update on the recharge test ponds. Councilmember Couch also requested Development Services staff prepare a report on the transfer of development rights, including a possible program for the protection of water recharge areas. Robyn Cady, representing the California Trucking Association expressed concerns regarding the safety and environmental impacts of the proposed Kern River Freeway. She cited recent problems with the Century Freeway in Los Angeles as an example of poor highway planning. Staff was asked to prepare a summary of issues involving the Century Freeway for background information. B. Discussion of possible incentives to encourage planting of trees in the downtown area - Stinson There was a discussion regarding the planting of trees in the downtown. Ruth Simonson from the Downtown Business .and Property Owners Association (DBA) spoke regarding the need for an Urban Forestry Plan and an Urban Forestry Planner. Cathy Butler from the DBA commented that there needed to be a comprehensive and uniform process for planting and maintaining trees that ensures conformity in the downtown. She said it would be helpful to downtown businesses if there were a program similar to the Unreinforced Masonry assistance program to provide funding for additional tree improvements. Ms. Simonson provided the committee a brief memorandum regarding the Urban Forestry Plan and some publications regarding urban forestry. Staff provided the committee with cost information to provide a typical tree in the downtown including the cost of the tree, grate and irrigation. Rick Hewett of the Tree Foundation of Kern provided a "50 Year Strategic P/an for Kern Community Forests." Staff indicated that it was proceeding with expanding the landscaping of downtown beyond Chester Avenue to other adjacent streets such as 18~h Street which is in the 1999-00 budget. -Staff is also looking for grant funding to further expand the effort. A major concern is the need to have areas in.maintenance districts to provide funding for ongoing maintenance of the trees. The city needs the support of property owners to be added to the maintenance district. It was suggeSted that staff investigate a program similar to the refuse program, which is done by agreement with the DBA for the watering and maintenance of trees. The Committee requested that staff provide a summary of the 3rd party relationship with the DBA regarding providing refuse services, a 5 year plan for planting trees in the downtown, the cost of a maintenance DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, August 30, 1999 Page -3- district for the area, and to .contact the DBA and Tree Foundation regarding their interest in participating in options for planting and/or maintaining trees in the downtown. This report is to be brought back to the Committee at their next meeting. C. Discussion of Transportation Sales Tax Measure - Rojas Public Works Director Raul Rojas gave a brief overview on the transportation sales tax survey done by the Kern Transportation Foundation. Preliminary results indicate insufficient countywide support for additional sales taxes for road maintenance or construction. The final report should be prepared within the next month and when it is available, it will be brought back to the Committee for further discussion. 6. NEW BUSINESS A. Review of Transportation Development Fund Projects - Rojas Marion Shaw gave a brief overview of the project list and reviewed the list with the Committee. Councilmember Couch asked about deferring the signal project at Hageman and Patton to a later time on the schedule. Staff will review the accident records for that intersection and make the change to delay it if appropriate. It was discussed that the list of projects must be mutually reviewed and approved by both the City and County. City and County staffs will be meeting to discuss projects directly affecting both agencies in the next week or so. The list of projects will be reviewed with the Building Industry Association and brought back at the next Committee meeting for review prior to recommendation to the City Council for approval. B. Discussion about Downtown Park and Square - Tandy The Committee had a discussion regarding the Council goal of developing a downtown park and square. Councilmember Rowles discussed the charette process and suggested that it could be useful to identify the image the public would desire for the downtown. He requested that Mr. Hardisty explore the costs for such a process and bring back information at the next Committee meeting. Councilmember Couch requested information from staff on the use of transfer of development rights in the downtown, the process and forms of property acquisition in the identification of specific sites and that staff investigate the charette process as recommended by Councilmember Rowles. City Manager Tandy discussed the complexities of attracting developers to a potential downtown project including potential site location and economic concerns. The Committee also discussed potential incentives to encourage downtown development. The Committee will continue discussion of this issue at future meetings. DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, August 30, 1999 Page -4- C. Set Next Meeting Date The next meeting was set for September 27, 1999. 7. COMMITTEE COMMENTS 8. ADJOURNMENT Adjourned at 4:05 p.m. cc: Honorable Mayor and City Council Attendance: Staff: City Manager Alan Tandy, Assistant City Manager John Stinson, City Attorney Bart Thiltgen, Public Works Director Raul Rojas, Development. Services Director Jack Hardisty, Economic Development Director Jake Wager; Water Resources Manager Gene Bogart; Stan Ford, Parks and Recreation Director; Civil Engineer Marian Shaw; Water Resources Director Florn Core; Water Department Engineer Tera Entenman. Public: Ron Brummett, Kern COG; Michael Green, Reporter- The Bakersfield Californian; Brian Todd, Building Industry Association of Kern County; John Fallgatter, Smart Growth Coalition; Robyn Cady, Chairman, Kern Unit of the California Trucking Association; Ray Hewett, Tree Foundation of Kern; Cathy Butler and Ruth Simonson, Downtown Business Association; and Roger Mclntosh. s:John\UrbanDev\UD99aug30summary.wpd Freeway Status Update August 30, 1999 SR 178 Resurfacing Repaving from Q St. to Oswell St. · I 1/2" overlay · paving will start today · will be complete in about one month · at least one lane will be open each way at all times; most of the work will be done at night SR 58 Alternate (Centennial Freeway) · CalTrans has met with FHWA re: biological opinion from Fish and Wildlife - should be getting a revised opinion soon · still expecting the EIR to be complete in November 2000 with plan line adoption and right-of-way acquisition to follow soon thereafter · CalTrans working on acquiring the parcel at the southwest corner of Brimhall and Coffee - prospects look very good that the parcel will be acquired · Kern Water Bank Authority and Kern COG mutually signed a position paper in July regarding the west end of the freeway and KWBA's facility recommending that CalTrans go north of the facility or parallel Stockdale C:\\\'INl)OWS\TEMP\gwprint\Freewayu.wpd DRAFT B A K E'R S F I E L D Alan Tandy, City Manager David Couch Staff: John W. Stinson Mike Maggard ........ AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, July 12, 1999 City Manager's Conference Room 1. ROLL CALL Call to Order at 1:15 p.m. Present:Councilmembers Randy Rowles, Chair; leaving at 3:07 Councilmember Mike Maggard Councilmember David Couch arrived at 1:20 p.m. (Voted on first item heard, 5B) Planning Commissioners Jeff Tkac, Chair; Stephen Boyle, and Marti Kemper 2. ADOPT MAY 10, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS Renee Nelson provided an announcement for the 1999 Air Quality Symposium presented by the San Joaquin Valley Air Pollution Control District on September 15 and 16. She requested that the City Council receive a copy of the announcement. (Attached) FIL£ COPY URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, July 12, 1999 Page -2- 5. DEFERRED BUSINESS A. Update on current status of Bakersfield area freeway projects Jack LaRochelle gave an update on current freeway projects. He indicated we are waiting for CaiTrans to complete the analysis of the freeway 58 at 99 interchange and that there should be a report on the status of their recommendation at the next committee meeting. Gene Bog_art ga~ve,an update on the study of the recharge areas Potentially affected 'by the Kern River freeway. Soil samples are being analyzed and percolation tests are being conducted for a 60-day period to develop strategies to address potential mitigation that may be required. Staff is continuing to work with interested parties on this issue. There was a question regarding sewer lines in the area that also could be affected by the freeway. Public Works Director Rojas responded that the sewer lines would be double lined as part of any mitigation, similar to the existing river crossing of these lines. There was also discussion of developing a' map of Water recharge areas within the city and developing ways to protect them from development. There were also comments made by Ron Brummett from Kern COG about collection of additional informatiOn regarding issues related to the refinery property along the proposed freeway route. B. Review of proposed amendment to the sign ordinance regarding off- premises directional signs Jack Hardisty provided a memo regarding discussions with Mr. Rosenlieb and including recommendations to address the sign issue involving Mr. Rosenlieb's client. Also presented was a response by Mr. Rosenlieb re. concerns with staff's recommendations. There was discussion by the committee regarding a desire to address the issue of these types of unique non-conforming signs. Staff will report back to the Council a recommendation to send back to the Planning Commission a proposed amendment to the ordinance regarding the abatement of non-conforming signs. C. Update on current status of alternatives for beautification of entrances to the City Staff gave. a brief update on progress regarding entry signs to the city. Discussions with the Arts Council are continuing and input from other groups is being solicited regarding possible types and locations of signs. Public input on proposed sign styles was collected via the city web site. Approximately 15 comments were received with no one style receiving a clear majority of votes. Staff will continue to work with these groups. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, July 12, 1999 Page -3- D. Discussion-of possible incentives to encourage planting of trees in the downtown area This item was deferred until the next meeting. E. Discussion of Transportation Sales Tax Measure This item. was de_f_err_ed until_the next meeting._ 6. NEW BUSINESS A. Discussion of improvements to downtown parking including possible cooperative efforts to provide additional bus services for area parking lots A brief presentation was made by city staff and Bill 'Wilbanks from the' County Administrative Office regarding the possibility of bus service for the parking areas adjacent .to the City and County government buildings, the Convention Center and Centennial Garden Arena. Staff has had preliminary discussions with the County and GET to explore possible routes and to analyze the costs of such a service. Research and discussions with the other agencies will continue. B. Review of list of sites qualified for Transportation Development Funds This item was deferred until the next meeting. C. Joint meeting with Planning Commission Committee to review draft ordinance regarding Planning Commission appointments The Urban Development Committee met jointly with a committee from the Planning. Commission to receive comments regarding concerns previously expressed by Planning Commissioners regarding the proposed ordinance. Planning Commissioner comments focused on concerns regarding the nomination of individual Commissioners by individual Councilmembers. They were concerned with the appearance to the public that this method of appointment would politicize the Planning Commission. They expressed that open application by city residents to serve on the Commission should continue. They indicated the public's perception of the Planning Commission is that of an independent body and linking appointments to an individual Councilmember could change that perception. There were differing opinions stated by members of the Urban Development Committee in response to the stated concerns. There was discussion that there may be URBAN DEVELOPMENT COMMITTEE AFT AGENDA SUMMARY REPORT Monday, July 12, 1999 Page -4- two distinct issues, one involving the nomination procedure and another regarding the process of voting for Commissioners. The Committee did not reach a consensus regarding this issue and recommended that the proposed ordinance prepared by the City Attorney which incorporated with the comments from the June 30~' City Council meeting be returned to the City Council at the July 21't meeting along with the comments of the Planning Commissioners for further Council deliberation. 7. ADJOURNMENT Adjourned at 4:05 p.m. - ............. - cc: Honorable Mayor and City Council Attendance: Staff: City Manager Alan Tandy, Assistant City Manager John Stinson, City Attorney Bart Thiltgen, Public Works Director Raul Rojas, Development Services Director.Jack Hardisty, Economic Development Director Jake Wager; Water Resources Manager Gene Bogart; Engineering Services Manager Jack LaRochelle; Civil Engineer Marian Shaw; and Parks Supervisor Ed Lazaroti. Public: Jim Johnson, Arts Council of Kern; John Fallgatter, Smart Growth Coalition; Renee Nelson; Cassie Daniel, Bakersfield Association of Realtors; Jay Rosenlieb on behalf of Good Nite Inns; Ron Brummett, Kern COG; Dennis Bainbridge, C.L.E.A.N.; Michael Green, Reporter- The Bakersfield Californian; and Bill Wilbanks, Kern County General Services s:John\UrbanDev~UD99ju112summary.wpd DRAFT BAKERSFIELD .//~~_..~ Randy Rowles, Chair Alan. S, City I~a~aX(~ David Couch Staff: John W. Stin/~or~l,J / Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, May 10, 1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:25 p-re. Present: Councilmembers Randy Rowles, Chair; David Couch; and Mike Maggard 2. ADOPT APRIL 5, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Raul Rojas and Jack LaRochelle gave the Committee a brief report on freeways. They discussed the concerns expressed by the public and local water agencies regarding the Kern River freeway and what staff was doing to address them. DRAFT URBAN DEVELOPMENT COMMITTEF AGENDA SUMMARY REPORT Monday, May 10, 1999 Page -2- 6. NEW BUSINESS A. JAY ROSENLIEB LETTER OF REQUEST REGARDING THE SIGN ORDINANCE Jack Hardisty gave a brief presentation of the issue regarding the Good Nite Inn sign located on Rosedale Highway and changes to the City's sign ordinance proposed by Mr. Rosenlieb, their representative. There was discussion about offsite signage and the need for an address change to properly reflect the location of the business for the public and for public safety responders. '.The Committee recommended that staff work with Mr. Rosenlieb and his client to try and work out a solution regarding the unique need for directional signage due to the type and location of the business. Also discussed was the potential for a directional sign program to assist visitors to the City to find services (such as food, lodging and fuel) when they exit the freeways. Staff was to bring this item back at the next meeting. B. BEAUTIFICATION OF ENTRANCES TO THE CITY Public Works staff presented various concepts of entry signs to the City for discussion. It was discussed that the scope of the request needed to be more clearly defined. Issues such as the size and type of signs, their location and possible addition of landscaping were discussed. The committee requested that staff explore the number of locations where such signs could be located at freeway exits and that staff look at establishing a committee with representatives.from different community groups such as the Convention . and Visitors Bureau to work on this issue. Staff will continue to research locations and potential costs and funding sources for such a program and report back at the next Corn m ittee meeting. C. TREE PLANTING INCENTIVES FOR DOWNTOWN BUSINESSES Councilmember Rowles explained that there was a need to provide incentives rather than barriers for property owners in the downtown to plant trees. He explained that the cost to plant street trees including the installation of automated irrigation systems and the required tree grates were a deterrent to businesses. There was discussion about expanding the current limited hand-watering program; however, staff expressed concerns regarding its long-term cost effectiveness vs. automated irrigation. There was discussion about Possibly using CDDA funds to offset the cost of installing irrigation systems and the cost of grates. Also discussed was the need to include any additional areas to be maintained within the existing maintenance district. The committee requested that the DRAFT 'URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, May 10, 1999 Page -3- item be continued to next month, that staff identify typical costs to plant trees and that representatives from the Tree Foundation and the Downtown Business and Property Owners Association be invited to the meeting. 7. ADJOURNMENT Adjourned at 3:02 p.m. cc: Honorable Mayor and City Council JVVS:jp Attendance: Staff: City Manager Alan Tandy, Assistant City Manager John Stinson, City Attorney Bart Thiltgen, Public Works Director Raul Rojas, Development Services Director Jack Hardisty, Economic Development Director Jake Wager; Planning Director Stanley Grady, Assistant City Attorney Carl Hernandez, Public Works Park and Landscape Designer Don Hoggatt, and Engineering .Services Manager Jack LaRochelle. Public: Pauline Larwood, Smart Growth Coalition; Brian Todd, Building Industry Association; Carl Moreland, Telstar Engineering; Fred Porter; Porter - Robertson Engineering; Renee Nelson; Jay Rosenlieb on behalf of Good Nite Inns; Ron Brummett, Kern COG; and Cassie Daniel, Bakersfield Association of Realtors. s:\john\UrbanDev~UD99rnay10summary.wpd UPDATE ON FREEWAYS IN METROPOLITAN BAKERSFIELD by Jacques R. LaRochelle, Engineering Services Manager ROU I'E 58 (KI~RN RIVER FREEWAY) The Route 58 freeway project continues to progress through the Route Adoption process. According to CalTrans, the Phase I environmental work is complete with only two remaining issues outstanding. Those issues are 1) Biological with the Fish and Wildlife Department and 2) Historic preservation of the Ffiant Kern Canal due to its age (over 50 years old). Recently, public interest in this project has increased. Concerns such as total project cost, conflicts with water recharge facilities, mitigation of potential environmental concerns at the old Texaco Refinery and the freeway connection to freeway 99 has arisen. In an effort to address those concerns, staffhas been working with KernCOG, CalTrans, and Kern County to resolve the issues as follows: 1. Total project costs- We are currently working with CalTrans and KernCOG to develop an overall transportation strategy as a "systems" approach to solving traffic congestion problems. These include widening State Route 204, improving the State Route 204/freeway 99 interchange, adding arterial roadways in strategic locations, improving key intersection locations and the like. KernCOG is currently modeling the systems approach which will then be given to CalTrans for further analysis. We believe a strategic systems approach to traffic congestion may in fact result in a better overall system at a substantially reduced cost. 2. Water recharge- KemCOG recently held a meeting with all of the various water agencies to develop an understanding of their needs and how to address those needs in the freeway design. The initial meeting was successful with a series of subcommittees formed to work on individual concerns. Ron Brummett of KernCOG states that he would like to have a consensus established within the next 60 to 90 days that would be acceptable to all parties concerned. The City has begun work on determining soil conditions east of Allen Road as a possible location for additional and replacement recharge basins. 3. Texaco Refinery- Ron Brummett of KemCOG will be working with presentatives from Equilon (formerly Texaco) to ascertain potential problems and develop workable solutions. 4. Freeway 99 connection- Staff has developed a plan that connects Route 58 to freeway 99. Traffic volumes for this plan are currently being modeled by KemCOG. Once these volumes are developed, CalTrans will check them against the proposed connection to determine i f the connection will work properly. In the mean time, CalTrans continues work on the freeway. Aerial photography should be completed shortly which will give the freeway designers an opportunity to develop actual freeway layouts. SOUTH BELTWAY SPECIFIC PLAN LINE ADOPTION Model runs indicate that the proposed shift from the preferred alignment to an alignment 1 mile south of Panama Road (State Route 119) make only a marginal difference in traffic congestion on Ming Avenue, White Lane, Panama Lane and Hosking Road. It should be noted however, that even with the South Beltway in place, congestion on those roadways is unacceptable in terms of level of service. This suggests that the South Beltway should have been placed nearer to White Lane, perhaps along the Pacheco Road alignment, to fulfill the 2010 goal for freeway planning that would "...relieve congestion on major arterial roadways". WEST BELTWAY SPECIFIC PLAN LINE ADOPTION Kern County has adopted a specific plan line for a portion of this freeway within the West Rosedale Specific Plan Area. We have had recent discussions with KemCOG and the City of. Shafter to reexamine this freewav and complete the Specific Plan line to connect freeway 99 with interstate 5. EAST BELTWAY SPECIFIC PLAN LINE ADOPTION There has been only preliminary discussions regarding this alignment. Staff will, however, insure that its connection at State Route 58 is consistent with the proposed South Beltway and that the preferred route follows the Commanche Road alignment. DRAFT BAKERSFIELD ~* ~ ~,*~..--~.... _ . . Randy Rowles, Chair Alan Tandy, City Manager David Couch Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, April 5, 1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:23 p.m. Present: Councilmembers Randy Rowles, Chair; and Mike Maggard Absent: Councilmember David Couch 2. ADOPT MARCH 1, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FRE~AY UPDATE Mary Frederick representing Caltrans gave a presentation on the Kern River Freeway. She explained the lengthy environmental review process for the freeway and the issue FILE C07¥ URBAN DEVELOPMENT COMMI'I-i'EE DRAFT AGENDA SUMMARY REPORT Monday, March 1, 1999 Page -2- _ of mitigation was discussed by the Committee. The City Manager indicated that discussions with concerned water agencies and Caltrans were in process regarding environmental concerns and Caltrans indicated a willingness to work with the community regarding proposed mitigation of freeway impacts. 6. NEW BUSINESS _. A. ORDINANCE REGARDING APPEAL FILINGS FOR SUBDIVISION MAPS AND EXTENSIONS OF TIME Development Services Director Jack Hardisty presented an overview of the proposed ordinance. He explained that it was intended to clean-up the current process and better define what is appealable. He explained that it is helpful for staff to be aware of the specifics of an appeal in order to be able to properly respond to Council questions dudng the hearing process. Several representativesfrom CELSOC commented that the current appeal process is fine as it is. They indicated that the Subdivision Map Act and the current procedure is adequate. Committee members indicated a desire to encourage public input to the Council through the appeal process, and not create additional review layers or complicate the process. Councilmember Rowles made a motion to send this item to a working group made up of staff and development industry representatives to review and come back with a recommendation for the Committee. B. ESTABLISHMENT OF A WORKING GROUP FROM CELSOC TO WORK WITH CITY'STAFF This item was in response to a request from Consulting Engineers and Land Surveyors of California (CELSOC). They request.ed the formation of a working group from the development industry to meet with city staff to work through policy changes which affect their industry. They expressed concerns regarding the economic and implementation impacts of changes to city procedures and standards. Cou~cilmember Rowle~ recommended creating a "Planning and Engineering Policies and Standards Committee" made up of representatives from CELSOC, the Building Industry Association, Board of Realtors, Chamber of Commerce, Kern County Contractors Association, the Sierra Club, Kern County, and City staff. This group would be similar to one previously used succesSfully for permit streamlining several years ago by the city. Assistant City Manager Stinson will coordinate the committee and quarterly progress reports will be made back to the Urban Development Committee on any issues discussed. The Urban Development Committee agreed to the formation of the new committee. URBAN DEVELOPMENT COMMI'I-I'EE DRAFT AGENDA SUMMARY REPORT Monday, March 1, 1999 Page -3- 7. ADJOURNMENT Adjourned at 2:40 p.m. cc: Honorable Mayor and 'City Council jWS:jp Attendance: Staff: City Manager Alan Tandy, Assistant City Manager John Stinson, City Attorney Bart Thiltgen, Public Works Director Raui Rojas, Development Services Director Jack Hardisty, Planning Director Stanley Grady, and Engineering Services Manager Jack LaRochelle. Public: Roger Mclntosh, Martin - Mclntosh; Carl Moreland,'Telstar Engineering; Fred Porter; Porter- Robertson Engineering, Renee Nelson, Tim Collins, T. W. Collins Associates; John Fallgatter, Smart Growth Coalition; James Burger, The Bakersfield Californian; Mary Frederick and Mike Donahue, CaiTmns. s:~john\UrbanDev\U D99aprO5summary.wpd /~ [_/t~ C.~'~ f Randy Rowles, Chair Ala'-'n Tandy, ~itY Manager David Couch Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, March 1, 1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:20 p.m. Present:Councilmembers Randy Rowles, Chair; David Couch;' and Mike Maggard 2. ADOPT FEBRUARY 17, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. PARK DEVELOPMENT~PARK LAND FEES ORDINANCE.UPDATE Jack Hardisty presented revised drafts of the proposed Park Land Dedication In-Lieu Fee Credit and the Park Development Fee Credit Ordinances with the changes that were URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, March 1, 1999 Page -2- _ requested by the Committee in order to provide a criteria where multi-service medical and recovery care facilities could receive a 100% credit or exemption from the park development fee. He suggested some additional changes to Section C. of the Park. Development Fee Credit Ordinance, which would more clearly indicate the additional facilities required to qualify for an exemption from the park development fee. These changes were acceptable to those requesting the Ordinance change and also to representatives from the North Bakersfield Recreation and Park District. The Committee recommended that the Ordinances with the proposed changes be forwarded to the City Council for adoption. B. FREEWAY UPDATE Public Works Director Raul Rojas gave the Committee an overview of road funding and how various transportation improvement funding sources are applied to projects in the Metropolitan Bakersfield area. C, CHAMBER OF COMMERCE - GREATER BAKERSFIELD 2020 VISION Assistant City Manager John Stinson indicated that staff needed further direction from the Committee regarding their desire to have the Urban Development Committee meet in the community regarding this issue. He noted that the County had recently taken action on this item and had contacted the City to coordinate activities. It was pointed out that there could be confusion among the public as to the purpose of the 2020 Vision meetings since the County is starting a strategic planning effort, and both the City and County are working on updating the 2010 General Plan which will also require public meetings and input. There was discussion about the possibility of having joint meetings of the Urban Development Committee and representatives from the Board of Supervisors out in the community. The City Attorney indicated that there were Brown Act issues to deal with if other Councilmembers or Board members attended these meetings. It was su~Igested that if meetings were noticed as meetings of the entir~ City Cc~ncil and ,~oard of Supervisors, all could attend. Staff was directed to cheCk to see if the County had any interest in such meetings to discuss the 2020 Vision Report. Staff will also be preparing an inventory of activities the City is currently doing which are consistent with the principles in the 2020 Vision Report. The Committee expects to receive additional direction on this issue from the City Council at the March 17~' Council meeting. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, March 1, 1999 Page -3- 6. NEW BUSINESS None 7. ADJOURNMENT Adjourned at 3:18 p.m. cc: Honorable Mayor and City Council .JWS:jp Attendance: Staff: Assistant City Manager John Stinson, Development Services Director Jack Hardisty, City Attorney Bart Thiltgen, Public Works Director Raul Rojas, Engineering Services Manager Jack LaRochelle, Civil Engineer Marian Shaw; and Planning Director Stanley Grady. Public: Mike Callagy, Comerstone Engineering; Michael Abril, Borton, Petrini and Conron; Earl M. Miller, Careage Inc.; Colon Bywater and Henry Agonia, North Bakersfield Recreation and Park District; Brian Todd, Bakersfield Association of Realtors; Michael Green, The Bakersfield Califomiarl; Laura Snideman, BIA; Renee Nelson; and Ron Brummett, Kern COG for Item 5.B. S:UohntUrbanDev~,U D99mar01 sumn'~ry.wpd A~R.-O1 99 11:~]' F]~OM:MAR. TI~ MCINTOSM 661-834-~7~ TO:8~ ~4 185~ PAGE:01 April 1, 1999 City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 ATTN: Alan'Tandy RE: Ordinance Relating to Appeal Filings for ~ -Subdivision Maps Dear Alan: Pursuant to our meeting, I have reviewed the changes pertaining to Section 16.52.010 of the Bakersfield Municipal Code. As I read Section B, I do not see where the ability for the City Engineer, the Planning Director, or any member of the public adversely afl'coted by a decision of the Advisory Agency approving an extension of time for a Tentative Map or a Vesting Tentative Map, may file an appeal from such a decision to the City Council. As I read the Map Act, the subdivider is the only individual that may appeal a denial of an application for an extension of time to the City Council on a Vesting Tentative Map. However, I find no provision for any other person or party to appeal a decision of the Advisory Agency it[lp, to_y_i~ an extension or' time for a Vesting Tentative Map and, in fact, feel that the intent of the vesting map provision, which affords the individual developer the vested right to proceed with his development in accordance with ordinances, laws, standards and policies in affect at the time that the original vesting map application was accepted, would be compromised if after the fact, in some case two or three years later, a third party filed an appeal from the Advisory Agency approval of the extension of time for that same Vesting Tentative Map. Therefore, Section B does not make sense and I don't think it is in line with the intent of the Subdivision Map Act Vesting Rights. In addition, I understand there may be other concerns Rom other organizations on this ordinance and to that extent I will withhold any other possible changes for a later date. ' 2001 WHEELAN COURT · BAKERSFIELD, CA 93309 · 805/~34-4814 · FAX 805/834-0972 Rpr O1 99 lO:3Sm S.C. Rnderson - Executive 1805~ 382-7089 p. 1 March 30. 1999° Mr. Randy Rowte~, City Councilman City of 8akemfleid 1501 Truxtun Avenue Bakemfietd. California 93301 RE: C_E~ PREB~NTATION Dear Randy; I hereby request that CELSOC be placed on the Urban Development Commiffee Agenda for Monday. April 5. 109g to make a presenta~on relating to the approval process. Please call me at 327-0362 and let me know if this is possible. Thank you [or your consideration in ~is matter, DRAFT BAKERSFIELD ~i_~ ~ . Randy Rowles, Chair Alan Tandy, City Manager David Couch Staff: John W. Sfinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, February 17, 1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:15 p.m. Present: Councilmembers Randy Rowles, Chair; David Couch; and Mike Maggard (Randy Rowles left at 3:30 p.m. for previous commitment) 2. ADOPT SEPTEMBER 28, 1998 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. PARK DEVELOPMENT~PARK LAND FEES ORDINANCE UPDATE Stan Grady made a bdef presentation of the proposed park land and park development ordinances which would provide 50% development fee credits for multiple service medical and recovery care facilities meeting a specific criteria and D. RAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 17, lg9g Page -2- providing specified open space and recreational facilities. Michael Callagy spoke and indicated that he was not opposed to paying 100% of the park land fee, but supported the abiliLy to obtaimi a waiver of the Park Development Fee rather than the 50% credit recommended by staff. Mr. Abril representing Careage Inc. also supported the approach to exempt their project. Staff indicated that the Council could not simply waive the fee but could'provide a credit to developers based on facilities they provided in lieu of paying the fee or providing public facilities. ............ The Committee discussed the proposed ordinance and requested staffto develop a criteria and objective standards which could be used to provide for up to 100% park development credit and return with it at the next committee meeting, March 1st. B. FREEWAY UPDATE Jack Larochelle and Ron Brummett gave the Committee an update on the financing and status of freeway projects in metropolitan Bakersfield. 6. NEW BUSINESS A. KERN TRANSPORTATION FOUNDATION CORRESPONDENCE REGARDING ONE-HALF CENT SALES TAX Raul Rojas explained a request by the Kern Transportation Foundation for the City to contribute $10,000 toward a poll to determine support for a % cent sales tax for transportation. The foundation is proposing to hire a consultant to conduct the poll. Other agencies contributing to the project included Kern County ($22,500); Kemcog ($5,000); Golden Empire Transit ($5,000); and Kern County Superintendent of Schools ($2,500). Councilmember Maggard made the motion to recommend approval of the request to the City Council. The motion passed unanimously. A report will be submitted to the Council at their March 17~ meeting. B. CHAMBER OF COMMERCE - GREATER BAKERSFIELD 2020 VISION Chris Frank gave a brief presentation of the Chamber 2020 Vision report. She clarified that item #3 recommending hiring a consultant was a chamber recommendation, and is only one option to consider. Renee Nelson indicated support for the report and the recommendation to hire a consultant. The Committee expressed their support of the Chamber's efforts and the 2020 Vision RAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February .17, 1999 Page -3- process. Assistant City Manager Stinson indicated that perhaps the Council may want to consider some of the 2020 vision concepts in their upcoming goal setting session and those discussions should be completed prior to a~ing on the actions requested by the Chamber. He also indicated that the Board of Supervisorswould be receiving a staff report on February 24"' on this issue. Chairman Rowles suggested that the public could be involved through the Urban Development Committee meetings if they were held in the community. Councilmember Couch suggested that the press could assist in getting the public involved in the process, ........ He also indicated that.the City of Pasadena had conducted a similar process and would like to know what they did. CouncilmemberMaggard thought going out into the community was a good idea. Chairman Rowles made a motion to send a report back to the Council recommending, adoption of only the three broad principle statements included in the 2020 vision report. He also recommended that the Committee discuss the specific items under each principle at subsequent committee meetings to be held throughout the community to solicit community input and the committee taking direction from the Council through the Council Goal setting session. The committee unanimously approved the motion. C. DECELERATION LANE STANDARDS Traffic Engineer Steve Walker gave a brief presentation on deceleration lanes. Public Works director Rojas indicated that the City uses nationally, accepted standards for the city guidelines and recommended that the city continue with its current standard which provides for appropriate public safety. He also indicated that in areas that are already developed which have unique situations involving . grades, utility relocation, drainage and other issues staff works with developers to come up with solutions which help contain costs to the developer. Roger Mclntosh indicated he agreed with the city standard due to public safety. He indicated that there could be an alternative to address slope and drainage issues which increase costs to developers. The City will continue with its existing standard for deceleration lanes and Mr. Rojas indicated that staff would discuss the design alternatives with Mr. Mclntosh and bring something back at the next meeting for the Committee to consider. D. 1999 PROPOSED MEETING SCHEDULE The Committee tentativelyadopted the proposed 1999 meeting schedule, pending Councilmember Maggard's approval. 7. ADJOURNMENT D AFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 17, 1999 Page -4- Adjourned at 3:55 p.m. cc: Honorable Mayor and City Council JVVS:jp Attendance: Staff: Assistant City Manager John Stinson, Development ServiceS Director Jack Hardisty, City Attorney Bart Thiltgen, Assistant City Attorney Cad Hemandez; Assistant Fire Chief Kirk Blair, Public Works Director Raul Rojas, Engineering Services Manager Jack LaRochelle, and Planning Director Stanley Grady. Traffic Engineer Steve Walker for New Business Item 6C. Public: Roger Mclntosh, Martin Mclntosh; Steve DeBranch, Castle and Cooke; Mike Callagy, Cornerstone Engineering; Michael Abril, Borton, Petdni and Conmn; Ron Brummett, Kern COG; Chris Frank, Chamber of Commerce; David Sozinko, Chamber of Commerce; Brian Todd, Bakersfield Association of Realtors; Michael Green, The Bakersfield Californian; Dale Hawley, Kern Transportatio'n Foundation; Laura Snideman, BIA; Betsy Teeter, Castle and Cooke; Colon Bywater, North Bakersfield Recreation and Park District; Pauline Larwood, Larwood Associates; and Renee Nelson; S:~John~UrbanDev~UD99feb 17surm-nary.wpd Route 58 Centennial Transportation Corridor project Description: The Centennial Transportation Corridor project would replace Rosedale Highway and 23/24 th Streets as the state highway routes 58 and 178. The proposal is to construct a six/four lane freeway from, Routes 58 and 178 through Bakersfield connecting to Interstate 5. Proiect Backqround: · The concept o[ a freeway ihrough the metropolitan Bakersfield area was developed by Caltrans in the late 1950s. Construction was completed to Route 99. · A proposed freeway north of the Kern River was shown in the Rosedale Community General Plan adopted by Kern County in February 1980. · In October 1986, Kem CountY adopted an Environmental Impact Report (EIR) and General Plan Circulation Element Amenament for the Westside Thoroughfare. · In December 1986, the Route 178 (Crosstown Freeway) Study was completed by Kern COG. · Kern COG completed the Westside Corridor Study in June 1988. · The Metropolitan Bakersfield 2010 General Plan adopted in 1989 by the City of Bakersfield and Kern County identified the Route 58/178 Freeway Corridors. · The City of Bakersfield and the County of Kern adopted a plan line for Route 58 in 1991. During the re-authorization of the Federal Surface Transportation Act in 1991, Congressman Thomas was able to include the Route 58 project as a dernonstration project ($4.7 million). · The 1994 and 1996 Regional Transportation Plan have the Route 58 project listed as the number one priority project (pages 5-8 ). · In 1992, the California Transportation Commission (CTC) programmed $45 million to allow Caltrans to begin the Route Adoption Study and EIR. · Caltrans began wOrking on the Route Adoption Study and EIR in 1992. · On May 1, 1996, the CTC adopted the STIP that aside $500,000.00 and directing Caltrans to proceed "diligently' with the route adoption study in time for consideration of programming for right-of-way and/or construction funding by the Commission in the 1998 STIP cycle. · Caltrans completed the Project Study Report for Phase 1 of Route 58 in October 1997. · Dudng the re-authorization of the Federal Surface Transportation Act in 1997, Congressman Thomas was able to include the Centennial Transportation Corridor project as a demonstration project ($15.7 million). · At the February 1997, the Kern COG Board of Director's approved a long-term funding program for the Route 58 project. · The Final EIR/EIS TIER 1 document was submitted to the Federal reviewing agencies in October 1998. Current Issues and Focus: The Route 58 project can not move forward until the Route Adoption Study and EIR are completed and the route alignment is adopted by the CTC. Kern COG's current focus is to work with Caltrans District 6 to complete the EIR so that the Route Adoption Study and EIR can be submitted to the CTC and Federal Highway Administration (FHWA) for review and approval. A major issue with the completion of the Route Adoption Study and EIR is the lengthy review process by FHWA. FHWA has two review periods that may total eleven (11) months. Congressman Thomas has been contacted to assist in shortening these review times. The local technical staff and Caltrans continue to meet to develop a fundable project for submittal to the CTC. Caltrans, Bakersfield City, Kern County end Kern COG are working on a phase 1 project which is currently priced at $175 million (construction and right of way) that was included in the 1998 STIP. At its February 4, 1998 meeting the Kern COG TAC committee voted to ask for Policy Board approval of this project in the 1998 STIP. The Kem COG has approved the project for the RTIP and Caltrans has approved the project in their ITIP (Interregional Transportation Improvement Program). The Tier II study has been held up pending the final approval of Tier.I. A Phase I Project Study Report has been completed, signed by Caltrans District and forwarded to Headquarters. FHWA notified Caltrans that they had approved the circulation of FEIS/EIR and would be publishing the notification in the National Register by mid-November. A Public Workshop was held December 11, 1997. Final date for comments is January 25, 1998. Upcorninq Events: An RFP will be issued to proceed with the Tier II environmental document. A consultant should be approved at the July 1999 Kern COG Board meeting. Kern Regional Transportation Financing Program October 1998 ( In :~.qlions of Dollars ) Funding Summary including Interregional Improvement Program TiP CYCLE -~ 1998~ 2002 2004 2006 2008 2010 2012 2014 Total 2000 Route$$ $115 (!) $26** (4) $54 (6&8) $26 (9) $26 (10) $78 (!1) $78 (12) $78 (13) $481 liP $30 (I) $14 (4) $30 (6&8) $14 (9) $14 (10) $42 (il) $42 '(12) $42 (13) $228 Centennial Corridor $5 (2&3) $8.75*** (5&6) $2 (7) $16 Other Projects $0' $34 '" $36 $64 $64 $12 $12 $12 $234 Total Program $180 $92.75' * $122 $104 $104 $132 $132 $32 $959 Expenditures RIP Advance $30 (i) $(30) Assumptions: · Regional Improvement Program funding is cstimatcd at $90 million per two year cycle. · Centennial Corridor Funding Split 35% liP / 65% RIP Notes:. I. Route 58 (Kern Rivcr Frccway)- Build Frccway/ Expressway from Mohawk to Stockdalc Highway. 2. Complete PSR and Tier I EIS/EIR for Centennial Corridor (cast). 3. Complete PSR and Tier ! EIS/EIR for Route 58 (cast). 4. Complete construction of intcrchangcs at Calloway Rd., Rcnfro Rd. and Allen Rd. and widen to four lanes. 5. Complete Tier I! EIS/EIR for Route 58 (east). 6. Purchase right-of-way from Mohawk to "P" Street. 7. Complete Tier I1 EIS/EIR for Route i 78 (cast). 8. Complete construction of Cenntcnniai Corridor fi.om Mohawk Rd. to "P" St. 9. Purchase right-of-way from "P" St. to Route 178 and Route 58. 10. Construct Centennial Corridor fi.om "P" St. to Route 58/178. i !. Cons~uct thc Routc 58/178 interchange. 12. Complete construction fi.om Route 58/178 to Routc 58 (cast). 13. Complete construction fi.om Route 58/i 78 to Route 178 (east). · Estimate $15 million to do othcr environmental studies. · * Includes payback advancc of $30 million. · ** lncludcs $3 million for Ticr II work for Route 58 (cast), (//5), and for right-of-way purchase. II \WPWlNXRIilNORlXl'I'I'(-'~II(]UT } WI'l) Questions and Answers of Route 58 . Why are we constructing the Route 581178 freeway? The new freeway is being.constructed to relieve congestion in the south and west portions of Bakersfield, and to provide a direct route through Bakersfield. Will this take care of all the congestion for the near future? No, this freeway along with the new city and county roads will relieve the congestion somewhat but as the area continues to grow, further improvements in both local roads and transit will be needed. What alternatives to Route 58 were studied? When this study began there were 20 alternatives. They included 7~ Standard 'Road, Hageman Road, Rosedale Highway, Brimhall Road, Kern River and a southern alignment near Panama Lane. As the study progressed, and issues identified, alternatives were eliminated. The reasons for elimination were that the alignment did not meet the original purpose identified for the facility. Where non-highway alternatives studied? Both a light rail alternative and an increased transit alternative were studied. Currently the population of the Metropolitan Bakersfield area is not dense enough to make light rail feasible. Given the current desire for Iow density residential development the densities required to support a light rail system may never be realized. Increasing Golden Empire Transit service in lieu of a freeway was also considered, however the capital outlay and operating cost were prohibitive. Why are we building o this alignment instead of 7t" Standard Road of the Southern alignment. This facility must fulfill the needs of two types of travelers; the local commuter and the interregional traveler. The 7th Standard Road alignment would satisfy the needs of these interregional travelers but would do little for or nothing for the Bakersfield commuter. The estimate is that the 7= Standard Road alignment would carry only about 33% of the traffic that would be on the Route 58 alignment. The Southern alignment would not serve either the interregional traveler nor the Bakersfield commuter. The Southern alignment would only carry about 15 -20% of that on Route 58. Why don't we build the freeway on the 7= Standard Road alignment to serve the interregional traveler and also build an expressway along the Kern River serving only local commuters? Funding. While the 7~ Standard alignment would be considered cheaper we would be unable to get state and federal support for separate facilities. As there is virtually no local funds available for new facilities the expressway which would be the most necessary part of the two facilities would remain unfunded. We must build facilities that serve state and national interests as well as local interest if We are to receive federai funds. Many of those opposed to the Route 58 project contend that this facility is being constructed for the trucks interests. The Route 58 alignment in the year 2020 is estimated to carry between 50,000 to 85,000 vehicles daily between Allen Road and Route 99. It will carry about 22,000 vehicles daily between Allen Road an I-5. Of these trips, about 80% have an origin and/or destination within Kern County. The remaining 20% is inten'egional tdps that lie outside our study area (Kern County). About 25-30% of the total trips are trucks some of which stop or start within the study area. Many of these trucks are moving through the area today. They are primarily using Stockdale Highway and Rosedale Highway. What benefits are there to this new facility? No matter where you live in Bakersfield or where you wo~, the projected levels of congestion will affects you. The construction of this facility will relieve congestion on many of the major streets to the north and south of this alignment. TRANSPORTATION EQUITY ACT FOR THE 2 IST CENTURY (TEA-21) Completion Highway ]Transportation! I Miti.gation. and] ~ ~m~~ and System ! Program /L` A,rOuahty-J ~ Maintenance (NHS) | (STP) .,,I (CMAQ) ] i~ State . ~'~ ~ State Highway ~1 /Regional Sur.f. ace/ CongeStion"~ '- / Improvement '1 ] Operations and] J Transpodatmn ~ Mitigation andI  ~ / Program / /Pr°tect*°n Plan/ / Prog~m I Air Quali~ / ~ (RSTP) [' (CMAQ) ~ L (SHOPP) ~ ((STIP)2 PUBLIC WORKS FINANCING OF TRANSPORTATION IMPROVEMENTS Gas 'Fax Federal = $. 184 State = $.18 Federal Gas Tax (TEA-21) ST~ 75% to Regions 25% to State (Interregions) SHOPP (State Control) STP CMAQ TEA HES ER (EMERGENCY RELIEF) SEISMIC BRIDGE RETROFIT PROGRAM State Gas Tax GAS TAX SUBVENTIONS GRADE SEPARATION EEM PVEA BICYCLE LANE ACCOUNT Transportation Development Act (I/4 of 1% sales tax) Article 3 Article 8 Special Local Taxes for Transportation ~A cent sales tax Development funded project financing Transportation Impact Fees (Regional) Transportation Impact Fees (Local) Development actually constructing improvements Bond Financing GOB (voter approved) COP (need only a source of revenue and entity that has backing to pay for it) Assessment District February 11, 1999 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. LaRochelle, Engineering Services Manager State Route 178 A contract to repave S.R. 178 from M Street to Fairfax Road has been awarded. However, since most of the work will be done at night and with a constant temperature above 55° required for paving, work is not expected to start until April or May. Kern River Freeway (S.R. 58 Adoption Study) The Kern River Freeway preferred alignment extends from S.R. 99 at Truxtun and extends westward, roughly paralleling the Kern River, to Interstate 5. The first phase of this project would consist of building a full freeway facility from Truxtun Avenue to Stockdale Highway past Renfro Road, and improving Stockdale Highway (two lanes with shoulders) from that point to Interstate 5. There would be no direct connection to S.R. 99. Any traffic on the Kern River Freeway which needed to get onto S.R.'99 would have to exit at Mohawk Street and get onto S.R. 99 from Rosedale/Pierce Road. The Local Agencies are to fund the Mohawk Street portion between Truxtun Avenue and Rosedale Highway excluding the "freeway portion". It is anticipated that the portion of Mohawk Street to be funded by the Locals will cost approximately $20,000,000. A meeting between the local agencies and the CalTrans will be held on October 20, 1998 to discuss constructing the Mohawk Street portion earlier than the actual freeway itself, lfthis could by done, a portion of the overall freeway project would begin early and an additional arterial/river crossing would be completed. The CTC authorized $175 ~nillion for this project at their June 2, 1998 meeting. The Route adoption E1R was completed on September 25, 1998. Other significant dates are as follows: Route Adopted by CTC Spring 1999 Feds Adopt STIP November 1998 It is anticipated that right-of-way acquisition will take approximately ! to 3 yeaps. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be connected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative (Crosstown Freeway) After construction of the Kern River Freeway, the next highest priority for the City of Bakersfield, and the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. Together these two freeway segmeuts comprise the Centennial Corridor which will eventually provide a direct connection of State Route 58 with Interstate 5. Planning for the Crosstown Freeway is in its infancy. Several studies have been conducted to date showing possible alignments as well as preliminary cost estimates. However, for the process to move forward, the route must be adopted by the CTC and FHWA. Federal demonstration funds in the amount of $15.75 million were authorized in TEA-21. These funds will be used to finalize planning for this project and to provide construction for a link to downtown. The estimated cost for this project is approximately $350 million. This freeway facility is not only vital to provide adequate traffic circulation from downtown Bakersfield to nearby residential areas, but it is also essential to complete the State Route 58 link to Interstate 5. South Beltway The Metropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preferred alignment starts at Interstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the alignme~t of Hosking Avenue. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. A public scoping meeting was held at the regular Planning Commission meeting on January 15, 1998. Minimum comments were received at that meeting. This project is also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of- way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. The draft E1R should be out for public review by late July. Notice of preparation has been filed with the State. Once the EIR has been certified, the specific plan line will be adopted and protection of the right-of-way using local funds may begin. Construction is not anticipated to begin until 2020+. S:\Projects\Freeways\Frwy2-99 DRAFT PUBLIC WORKS DIRECTOR BAKERSFIELD SEP 3 0 ,.1998 [-~) ~ Kevin McDermott, Chair .~.lan Tandy, City Manager Randy Rowles Staff: John W. Sfinson Patricia M. Smith AGENDA SUMMARY REPORT SPECIAL MEETING URBAN DEVELOPMENT COMMITTEE Monday, September 28, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:30 p.m. Present: Councilmembers Kevin McDermott, Chair; and Randy Rowles Absent: Councilmember Patricia M. Smith 2. APPROVAL OF AUGUST 20, 1998 SPECIAL MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None - 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Jack LaRocheile gave a bdef update on the status of freeway projects and distributed a report of current activities. He noted that the EIR on the Kern River Freeway was URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, September 28, 1998 Page -2- completed. Councilmember McDermott requested that the anticipated start dates for construction of Mohawk Street and the Kern River Freeway be made a part of future freeway status reports. It was also requested that the Project Study Report for the Crosstown freeway begin as soon as possible. The Committee also requested that the status of the East Beltway be included in future reports as some related activity is anticipated. B, .... PARK DEVELOPMENT FEE ORDINANCE Jack Hardisty presented the Committee with a discussion paper regarding the ordinance changes requested by the Committee at their last meeting. It was requested that the discussion paper be sent to all interested parties and that a draft ordinance be brought back to the Committee. Comments were made regarding a requirement that a certain minimum amount of parkland and/or amenities be required to be eligible for up to a 50% credit against applicable parkland or development fees. It was suggested that staff develop a list of typical qualifying amenities that would meet such a criteria. C. PLANNED UNIT DEVELOPMENT (P.U.D.) APPROVAL PROCESS Staff presented a draft ordinance revising the P.U.D. approval process to provide for more flexibility to make certain changes which are not minor in nature, but are not a significant change to a project. Currently these changes must follow the cumbersome zone change process. Instead a hearing would be conducted before the Planning Commission. Minor changes would continue to be approved by the Planning Director and significant changes would continue to require a zone change review. The Committee supports approval of the ordinance. D. SPHERE OF INFLUENCE UPDATE Staff gave an update on the recent action taken by LAFCO denying the expansion of the City's sphere of influence. Staff was uncertain about the reason for the denial as little comment was made by the LAFCO board other than they were "uncomfortable" with the City's request. Staff indicated that the application could be resubmitted with or without modifications for further consideration by LAFCO within 30 days of the previous action. · The Committee recommended that staff make a request for reconsideration of the sphere of influence and eliminate some of the areas originally submitted which include agricultural zoning. This would leave primarily land with urban type uses within the sphere request. Resubmittal also reinforces the City's legal position in the future. URBAN DEVELOPMENT COMMI'i-r'EE AGENDA SUMMARY REPORT Monday, September 28, 1998 Page -3- 6. NEW BUSINESS A. SIGN ORDINANCE Staff presented proposed minor changes to the Sign Ordinance to the Committee for their review. The Committee supported approval of the proposed ordinance changes.. 7. ADJOURNMENT Adjourned at 1:30 p.m. cc: Honorable Mayor and City Council jws:jp Attendance: Staff: Assistant City Manager John Stinson, Chief Assistant City Attomey Bob Sherry, Development Services Director Jack Hardisty, Planning Director Stan Grady? Assistant City Attorney Carl Hernandez, and Public Works Engineering Services Manager Jack LaRochelle. Public: Michael Greene, Bryan Todd, Laura Snideman, and Renee D. Nelson. September 28, 1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. La_Rochelle, Engineering Services Manager State Route 99 The landscape project between Wilson Road and Golden State/Airport Drive is complete. Kern River Freeway ¢S.R. 58 Adoption Study) Phase I of the Kern River freeway was funded by the California Transportation Commission (CTC) on June 3, 1998. The approved funding level for this project is $175 million which made it the single largest project in the entire State Transportation Improvement Program (STIP). The Route Adoption EIRwas completed September 25, 1998. It is anticipated that the CTC will formally adopt the route in the spring of 199~g.~ Preliminary work is also continuing on right of way and design. Discussions are beginning that include early construction of the Mohawk Street section prior to actual freeway construction. A meeting is scheduled for October 20, 1998 to see if this is feasible. It is anticipated that right,of-way acquisition will take approximately 1 to 3 years. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be c.>nnected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative t'Crosstown Freeway) A kick-off meeting regarding this freeway was held in Fresno on August 20, 1998. The meeting outlined the scope of work for the first phase of the project which consists of developing alternate alignments for study. The goal of this preliminary phase will be to develop a project scope. Once the scope is developed, a contract will be let to a consultant to perform a Project Study Report (PSR). Once the PSR is complete, the project will be placed in the State Transportation Improvement Program (STIP) for funding. The amount currently available for this project will pay for all necessary studies leading to Route Adoption and also for a limited amount of right of way. Our next meeting is scheduled for October 20, 1998 in Fresno. The Metropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preferred alignment starts at Interstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the alignment of Hosking Road. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. This project is also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of-way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. The EIR will be available for review September 1, 1998. The Specific Plan Line will be placed before the Planning Commission in December 1998. Following the Planning Commission, the City Council will hear the matter in January and February of 1999. The County is scheduled to hold their hearings in March, 1999. Once the hearings are complete, the Specific Plan Line should be adopted. A Public meeting is scheduled for Monday, September 28, 1998 and Thursday, October 1, 1998, to receive comments on the adequacy of the Draft Environmental Impact Report for the South Beltway freeway. Highway 178 ~ Commanche Drive/Alfred Harrell Hwy The City, County and Caltrans met regarding a project to realign Commanche Drive to line up with Alfred Harrell Hwy. The initial meeting went well with Caltrans. They are interested in participating in a project. At the last Inter Governmental Relations Committee, Councilmember Smith brought up the issue of improving Commanche Road/Alfred Harrell Hwy as a joint project with the County and CalTrans. Since the County was reluctant to even respond to our requests for a meeting, this forum was used to express our concerns. Both Supervisors Peterson and Parra indicated support for the project and asked the CAO to look into ways to construct the project and to think "...outside the box". A meeting has been scheduled for this Friday with Craig Pope, County Road Commissioner. Alan McCuen, Deputy Director of CalTrans, and Jack LaRochelle of Public Works to discuss alternate ways to make this project a reality. A report will be issued with the results of that meeting. Revised Oct 1, 1998 Sep~nbe:28,1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. LaRochelle, Engineering Services Manager State Route 99 All landscaping in the landscape and irrigation project between Wilson Road and Golden State/Airpc rt Drive has been completed. State Route 178 An overlay project has been awarded with work to begin in a few weeks on SR 178 from Faiffax to M Street. The contractor has requested that this work be postponed until next spring since the paving must be done with a conslant temperature above 55°. CalTrans is considering lhis request. Kern River Freeway (S.R. 58 Adoption Study) The Kern River Freeway preferred alignment extends from S.R. 99 at Truxtun and extends westward, roughly paralleling the Kern River, to Interstate 5. The first phase of this project would consist of building a full freeway facility from Truxtun Avenue to Stockdale Highway past Renfro Road, and improving Stockdale Highway (two lanes with shoulders) from that point to Interstate 5. There would be no direct connection to S.R. 99. Any traffic on the Kern River Freeway which needed to get onto S.R. 99 would have to exit at Mohawk Street and get onto S.R. 99 from Rosedale/Pierce Road. The Local Agencies are to fund the Mohawk Street portion between Truxtun Avenue and Rosedale Highway excluding the "freeway portion". It is anticipated that the portion of Mohawk Street to be funded by the Locals will cost approximately $20,000,000. A meeting between the local agenciesand the CaiTrans will be held on October 20, 1998 to discuss constructing the Mohawk Street portion earlier than the actual freeway itself, lfthis could by done, a portion of the overall freeway project would begin early and an additional arterial/river crossing would be completed. The CTC authorized $175 million for this project at their June 2, 1998 meeting. The Route adoption EIR was completed on September 25, 1998. Other significant dates are as follows: Route Adopted by CTC Spring 1999 Feds Adopt STIP November 1998 It is anticipated that right-of-way acquisition will take approximately 1 to 3 yems. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be connected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative (Crosstown Freeway) After construction of the Kern River Freeway, the next highest priority for the City of Bakersfield, and the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. Together these two freeway segments comprise the centennial Corridor which will eventually provide a direct connection of State Route 58 with Interstate 5. Planning for the Crosstown Freeway is in its infancy. Several studies have been conducted to date showing possible alignments as well as preliminary cost estimates. However, for the process to move forward, the route must be adopted by the CTC and FHWA. Federal demonstration funds in the amount of $15.75 million were authorized in TEA-21. These funds will be used to finalize planning for this project and to provide construction for a link to downtown. The estimated cost for this project is approximately $350 million. This freeway facility is not only vital to provide adequate traffic circulation from downtown Bakersfield to nearby residential areas, but it is also essential to complete the State Route 58 link to Interstate 5. South Beltway The Metropolitan Bakersfield 2010 General Plan shows a "South Bcltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preti:rred alignment starts at luterstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the alignment of Hosking Avenue. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. A public scoping meeting was held at the regular l'lanning Commission meeting on January 15, 1998. Minimum comments were received at that meeting. This projectis also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of- way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. The draft EIR should be out for public review by late July. Notice o£preparation has been filed with the State. Once the EIR has been certified, the specific plan line will be adopted and protection of the fight-of-way using local funds may begin. Construction is not anticipated to begin until 2020+. S:\Projects\Freeways\Frwy9-98 DRAFT BAKERSFIELD (~ ~_~ ~' Kevin McDermott, Chair Alan Tandy, City Manager Randy Rowles Staff: John W. Stinson Patricia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT.COMMITTEE Thursday, August 20, 1998 12:15 p.m. AUG 2 5 1998 Ci~ ManageFs Conference Room PUBLIC WORKS DEPARTMENT 1. ROLL CALL Call to Order at 12:25 p.m. Present: Councilmembers Kevin McDermott, Chair; Randy Rowles and Patricia M. Smith 2. APPROVAL OF JUNE 17, 1998 SPECIAL MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Public Works Director Raul Rojas distributed a .report on the status of freeway and state highway projects to the committee'and gave a brief overview on the status of specific projects. Councilmember Smith requested that the issue of Comanche Road and Alfred Harrell HighwaY be discussed at the upcoming Intergovernmental Relations Committee meeting with the County. DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Thursday, August 20, 1998 Page -2- B. VESTING RIGHTS Development Services Director Jack Hardisty presented flowcharts and staff recommendations regarding the issue of vesting rights. Staff recommended keeping the current one-year vesting dght and to allow up to a one-year extension for good cause. The Committee supported staff's recommendation. 6. NEW BUSINESS A. TRAILS PLAN FOR BRIMHALL GENERAL PLAN AMENDMENT Carolyn Belli gave a bdef update and explained that she had discussed this issue with Bruce Freeman of Castle and Cooke and believed that the parties would be able to work something out regarding the trails issue without the involvement of the city. There was no further action required. B. PARK FEE ORDINANCE AMENDMENT REGARDING COMPREHENSIVE CARE FACILITIES There was a discussion with staff, representatives from the North Bakersfield Recreation and Park District, industry representatives and the Committee regarding proposed changes to the Park Development Fee Ordinance. Representatives from the Recreation and Park District expressed concerns regarding the potential use of District facilities and programs by residents in these types of facilities. They distributed a list of Senior Programs currently being offered by the District. Staff suggested that some credit towards the park land and facilities development fee should be provided when the project provides certain minimum amounts of park acreage, recreation facilities and programs as part of a comprehensive care facility. The Committee requested that staff further develop the concepts discussed and prepare a draft Ordinance for further review by the Committee. C. POLICY FOR USE OF BANNER POLES Economic Development Director Jake Wager gave an update on the current process used to allow groups to display banners on city iight pole~. It is anticipated that the same process will be utilized for banner poles in Centennial Plaza once it is transferred to the City. No further action was needed. D. STATUS OF LIBERTY PARK Representatives from the North Bakersfield Recreation and Park District gave an update on the status of the construction of Liberty Park. They explained that they are finalizing the required agreement with the County so other road and park construction can proceed. The road and traffic signal construction associated with DRAFT URBAN DEVELOPMENT COMMI'I-I'EE AGENDA SUMMARY REPORT Thursday, August 20, 1998 Page -3- the park will be done through joint agreements with the City, the Recreation and Park Distdct and the Kern High School District. It is anticipated that the park and road improvements will be complete prior to the opening of the adjacent high school in the fall of 1999. No Committee action is required. 7. ADJOURNMENT Adjourned at 1:50 p.m. cc: Honorable Mayor and City Council jws:jp Staff present: Assistant City Manager John Stinson, Chief Assistant City Attorney Bob Sherry, Development Services Director Jack Hardisty, Planning Director Stan Grady, Public Works Director Raul Rojas, and Economic Development Director Jake Wager present for Item 6.C. Others present: Henry Agonia; Colon Bywater; Carolyn Belli; Mike Callaghy; Steve Debranch, Castle and Cooke; Renee D. Nelson; and Roger Mclntosh. August 20, 1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. LaRochelle, Engineering Services Manager The landscape project between Wilson Road and Golden State/Airport Drive is continuing. ~eismie Retrofit Pro_leer Work on State facilities are complete. Design on City facilities are in progress by outside consultants. All costs associated with these improvements are paid by the State. Kern River Freeway ¢S.R, 58 Adoption Studv~ Phase I of the Kern River freeway was funded by the California Transportation Commission (CTC) on June 3, 1998. The approved funding level for this project is $175 million which made it the single largest project in the entire State Transportation Improvement Program (STIP). The Route Adoption EIR is still not complete but is making progress. Apparently, the Federal review has taken longer than expected and has resulted in a delay of approximately 2 months. Preliminary work is also continuing.on right of way and design. It is anticipated that right-of-way acquisition will take approximately 1 to 3 years. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be connected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative (Crosstown Freeway) After construction of the Kern River Freeway, the next nighest priority for the City of Bak~L-sfield, an,~ the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. Together these two freeway segments comprise the Centennial Corridor which will eventually provide a direct connection of State Route 58 with State Route 5. The cross town freeway, dubbed the "Centennial Transportation Corridor", has received Federal funding in the form of a demonstration project. Funding level for this demonstration project is $15,750,000. This funding amount should pay for all necessary studies through route adoption (approximately 57 million) with the rest utilized for right of way preservation. City staff will be attending a kick-off meeting on August 20, 1998 with CalTrans to discuss the project scope. The/Vletropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preferred alignment starts at Interstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the alignment of Hosking Road. The route continues eastward t intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. This project is also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of-way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. The EIR will be available for review September 1, 1998. The Specific Plan Line will be placed before the Planning Commission in December 1998. Following the Planning Commission, the City Council will hear the matter in January and February of 1999. The County is scheduled to hold their hearings in March, 1999. Once the hearings are complete, the Specific Plan Line should be adopted. Highway 178 ~1 Commanche Drive/Alfred Harrell ltwy The City, County and Caltrans met regarding a project to realign Commanche Drive to line up with Alfred Harrell Hwy. The initial meeting went well with Calm. They are interested in participating in a project. Subsequent meetings with the County have resulted in a non-committal response. We are currently trying to schedule another meeting with the County but as of this date have been unsuccessful. The City has budgeted funds in the 1998-99 Capital Improvement Program for this project. We are merely waiting for the Count3' to contribute their share for the project to move forward. BAKERSFIELD Kevin McDermott, Chair Alan Tandy, City Manager Randy Rowles Staff: Dolores B. Teubner Patricia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, June 17, 1998 12:15 p.m. ........ - ....... : City Manager's conferenceR°om'' 1. ROLL CALL Call to Order at 12:25 p.m. Present:Councilmembers Kevin McDermott, Chair; Randy Rowles and Patricia M. Smith 2. APPROVAL OF APRIL 23, 1998 SPECIAL MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Public Works Civil Engineer Marian Shaw gave an update. The landscaping and irrigation project on State Route 99 is near completion and the seismic retrofit of 12 bridges in the metropolitan area has been completed. The CTC has authorized $175 million for the Kern River Freeway project, so that project is moving forward. Federal demonstration funds for the Crosstown Freeway/Centennial Corridor have been authorized in TEA-21 in the amount of $15.75 million for planning the project to provide construction for a link to downtown. The second administrative draft of the EIR has just been received for the South Beltway, so the environmental process is moving forward. URBAN DEVELOPMENT COMMI'I-I'EE AGENDA SUMMARY REPORT Wednesday, June 17, 1998 Page -2- Committee Chair McDermott pointed out that the Kern River Freeway project is the largest project in the state to be funded by the CTC. The $15.75 million authorized for the Crosstown Freeway is very good news, and there may be additional funds through BESTEA which would allow eadier completion of the project. Chair McDermott expressed concern about the condition of the on- and off-ramps on Freeways 99, 58 and 178, although he has contacted CalTrans and they have indicated work has started, he with committee agreement requested staff to ask Mayor Price to wdte a letter to CalTrans. ....... B. ' ' ENCROACHMENT PERMITS Police Chief Brummer expressed public safety concerns about enforcement and pedestrian traffic moving safely in areas where encroachment permits may be authorized especially where alcohol will be served and the safety of downtown businesses in an encroachment area where alcohol is being served. A video prepared by the Police Department was played showing the heavy amount of typical pedestrian traffic at night in the downtown area around some of the existing businesses showing particularly at closing time that it takes many officers and the canine unit to disburse the crowds. Police administration is recommending in the encroachment areas that are serving alcohol that there be minimum of eight feet between the curb arid the structure to accommodate pedestrian access; serving alcohol beverages discontinue at 10:00 p.m.; no glass containers such as bottles or pitchers be allowed; a requirement that an employee of the establishment be present to oversee who is consuming alcohol; and patrons of the encroachment area be required to enter through the main entrance of the establishment to ensure that underage Jndi¥iduals are not being served alcohol. The chair gave an update from the last meeting. It was decided that businesses be required to get an annual permit and provide evidence of insurance; and if needed, for example to repair sidewalks, etc., could be given a 90-day notice to take the structure down. Regarding the encroachment areas, the Committee discussed that patrons should enter · through the front entrance if alcohol is bein~i served; pertaining to emergency exits, businesses to comply with fire codes; the height of temporary fencing/structures be a minimum of four to five feet with a grandfather clause for existing structures; the distance from curb to the structure should be a minimum of six feet; an employee of the business be present to oversee areas serving alcohol from 10:00 p.m to 12:00 midnight; serving alcohol in the encroachment area be discontinued at 12:00 midnight; and this ordinance be limited to food and beverage businesses at this time. The new ABC requirements regarding serving in plastic containers addresses the glass container issue. Staff to prepare ordinance and forward to Council. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, June 17, 1998 Page -3- C. VESTING RIGHTS With existing ordinance, developers get one year from the date the map is recorded to exercising their vested dghts. The Development Services Director after meeting with the Planning Commission, is recommending keeping the existing one-year and adopting a policy for one-year extensions upon request. The Committee requested staff to bring to the next meeting a flowchart showing time frames from when the developer first comes in and the date the permit is issued. D. - .... CLEANUP LEGISLATION --' A request had been made to Change the ordinance regulating C-1 Zones to prohibit outdoor activities. After research, the Planning Department has withdrawn the request. The Committee took no action. E. MULTI-FAMILY DEVELOPMENT STANDARDS Planning Director Stan Grady gave an overview of the work done by the Planning Commission Subdivision and Public Services Committee in response to questions from their last meeting with the Urban Development. Committee. Their recommendations address mechanisms for encouraging amenities, promoting clustering, limiting numbers of projects at one location, architectural and site design and lot size proposals that support more open space. A copy of the memo is attached. The Committee agreed that the ordinance be prepared for a public hearing to be held at the Planning Commission for public input. 6. NEW BUSINESS None 7. ADJOURNMENT Adjourned at 2:25 p.m. cc: Honorable Mayor and City Council DBT:jp BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Urban Development Committee FROM: Raul M. Rojas, Public Works Director / ~"~/~-__...~__.~ DATE: June 17, 1998 SUBJECT: Freeway Status Update Please find attached the Freeway Status Update for June 17. 1998. P:XMEMOFORM.WPD RMR:mps xc: Reading File Project File Jacques R. La Rochelle Marian P. Shaw June 17, 1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Depamnent Jacques R. LaRochelle, Engineering Services Manager State Route 99 Ail landscaping in the landscape and irrigation project between Wilson Road and Golden State/Airport Drive has been completed. This project is now in the plant establishment period with completion dt, e in about 4 'weeks. Seismic Retrofit Project Work on the seismic retrofit of 12 bridges in the mclropolilan area was completed on March 4, 1998. Kern River Freeway {S.R. 58 Adoption Study) The Kern River Freeway preferred alignment extends from S.R. 99 at Truxtun and extends westward, roughly paralleling the Kern River, to Interstate 5. The first phase of this project would consist of building a freeway facility from Truxtun Avenue to Stockdale Highway past Rent¥o Road, and improving Stockdale Highway (two lanes with shoulders) from that point to Interstate 5. There would be no direct connection to S.R. 99. Any traffic on the Kern River Freeway which needed to get onto S.R. 99 would have to exit at Mohawk Street and get onto S.R. 99 from Rosedale/Pierce Road. The Local Agencies are to fund the Mohawk Street portion between Truxtun Avenue and Rosedale Highway excluding the "freeway portion". it is anticipated that the portion of Mohawk Street to be funded by the Locals will cost approximately $20,000,000. In addition, the City, CountY and KernCOG is looking into constructing the Mohawk Street portion earlier than the actual freeway itself. If this could by done, a portion of the overall freeway project would begin early and an additional arterial/river crossing would be completed. The CTC authorized $175 million for tiffs project at their June 2, 1998 meeting. The Route adoption E1R is nearly complete. It is anticipated that the final EIR will be entirely complete in late summer, 1998. Other significant dates are as I'ollows: Route Adopted by CTC June 1998 Feds Adopt STIP November 1998 It is anticipated that right-of-way acquisition will take approximately 1 to 3 yems. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be conuected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative (Crosstown Freeway) After construction of the Kern River Freeway, the next highest priority for the City of Bakersfield, and the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. ~Fogether these two freeway segments comprise the Centennial Corridor which will eventually provide a direct connectiou of State Route 58 with Interstate 5. Planning for the Crosstown Freeway is in its infancy. Several studies have been conducted to date showing possible alignments as well as preliminary cost estimates. However, for the process to move tbrward, the route must be adopted by the CTC and FHWA. Federal demonstration funds in the amount orS15.75 million were authorized in TEA-21. These funds will be used to finalize planning for this project and to provide construction for a link to downtown. The estimated cost for this project is approximately $350 ~n illion. This freeway facility is not only vital to provide adequate traffic circulation frmn downtown Bakersfield to nearby residential areas, but it is also essential to complete the State Route 58 link to Interstate 5. South Beltway The Metropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 wilh S.R. 58 and S.R. 178, circling the southern part of the ~netro area. The preferred alignment starts at Interstate 5 al Taft I ligbway (S.R. 119) and conlinucs eastward aud norlhwarcl, crossing S.R. 99 al approxilnalcly Iht aligmnent of Hoskiug Avenue. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. A public scoping meeting was held at the regular Plmming Commission meeting on January 15, 1998. Minimum comments were received at that meeting. This project is also listed on our local Transportation hnpacl Fcc Facilities I~ist and as such cau receive local fimding fi'om that source. However, a specific plan line has not been adopted for this route, so no right-ot: way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. The draft EIR should be out tbr public review by late July. Notice of preparation has been filed with the State. Once the El R has been certified, the specific plan line will be adopted and protection of the right-of-way using local funds ~nay begin. Construction is not anticipated to begin until 2020+. S:\Projects\Freeways\Frwy6-98 DRAFT //,~~~~J3~A K E R S F I E L D Kevin McDermott, Chair A~n Tandy,,.~.~l~ ~ager Randy Rowles Staff: Dolores B. =ubner Patricia M. Smith AGENDA SUMMARY, REPORT URBAN DEVELOPMENT COMMITTEE Wednesdayl April 23, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL' CALL Call to Order at 12:30 p.m. Present: Councilmembers Kevin McDermott, Chair; Randy Rowles Absent: Councilmember Patricia M. Smith 2. APPROVAL OF MARCH 4, 1998 MINUTES Approved as submitted. 3. PRESENTATIONS 4. pUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Staff gave a brief update on the status of the Kern River Freeway Funding. The project is up for review before the California Transportation Commission for inclusion in the State Transportation Improvement Program. Staff also provided a status on the reauthodzation of the Intermodal Surface Transportation Efficiency Act (ISTEA). B. SPHERE OF INFLUENCE AMENDMENT Staff gave a presentation on the proposal to increase the City's sphere of influence (SOl). A sphere of influence is a buffer between urban and rural land and defines the planning FILE COPY URBAN DEVELOPMENT COMMITTEE DRAFT AGENDA SUMMARY REPORT Thursday, April 23,1998 Page -2- boundary in which urban growth is anticipated to occur. The proposal to expand the SOl is needed since the City limits are either right up to the current SOl boundary or are quickly approaching the boundary. The Planning Commission, at its December meeting, reviewed the proposal and based on the objections of property owners, agreed to exclude the McAIlister Ranch and the Pacificana specific plan areas. Since that time the owners of Sunland Nurseries have also objected to being included in the expanded SOl, so staff is also recommending removing them. Staff's current proposal is to maintain a SOl boundary that creates a minimum one-mile buffer between urban and rural and to include all of the new and anticipated development area in the Northwest. Bill Turpin, Executive Director of LAFCO, made a presentation explaining LAFCO's involvement in th'e SOl expansion process and the policies, procedures and objectives that LAFCO uses to evaluate proposals. He stressed the need for ag land protection policies and methods in the General Plan in order to bring ag land into the City's SOl. The Committee thought it would be better to plan ahead for the transition of ag land which is in the direct path of urban growth, and develop ag policies for those areas that are not. Mr. Turpin offered his assistance in developing the policies. Staff was directed to work on this issue. The Committee supported staff's recommended SOl expansion and forwarded it to the City Council for hearing on May 6. 6. NEW BUSINESS A. ANNEXATION PROCESS The City M~nager gave a report on measures which staff is proposing for improving and expanding the current annexation information program. He indicated that the City's effort is the most extensive one ever undertaken to inform residents about annexation and get them involved. He proposed that all protest hearings would be individually noticed, there would be no bundling of non-contiguous areas, and that an informal forum would be held prior to filing the annexation to get further input. In addition, staff would be developing an issue of Borderline which detailed the annexation process. Public comments were taken from residents of a recently annexed area and proposed annexation areas regarding their concerns about the process. The Committee recommended several additional changes including expanding the hotline to include options for several recorded messages to get information about upcoming meetings, dates and events. Also recommended was holding City services faires in potential annexation areas to give residents the opportunity to talk one-on-one with City staff about various services and issues. Staff was also directed to change the tracking system used for surveys and to hold more small meetings in each area so that each resident has an opportunity to attend one. The Committee will be making a report to Council on the recommended changes and enhancements. -" AFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Thursday, April 23,1998 Page -3- B. ENCROACHMENT PERMITS The Public Works Director did a demonstration of vadous sidewalk widths and the impact of sidewalk encroachments with different widths. Staff presented a list of other cities and comparisons of their encroachment policie~ and sidewalk requirements. Currently there are areas of Bakersfield's downtown where the sidewalk is as narrow as 4.5 feet. The ideal standard according to CalTrans is 10 feet, however, that may not always be practical. Staff would recommend a compromise of 6 feet. In addition, they would recommend that encroachment onto the public sidewalk be temporary so that it can be moved in case of emergency or when repairs are needed. _ _ Representatives of the DoWntown Business Association indicated that they would like to encourage more outside activities in downtown and would like to see only 5 feet as a required sidewalk width. The Committee discussed the various options for sidewalk requirements and types of encroachments. Police also expressed concerns that encroachment permit requests were often for bars and taverns and that allowing ddnking outside, encouraged problems with alcohol on public streets. The committee agreed to an annual permit process with a $10 annual renewal fee. The structures should be temporary and the City should maintain its right to require' their removal if needed. Also agreed on was a minimum 6 feet (from curb to property) sidewalk width. The Committee directed staff to begin Working on revising the current process to include these changes. The C-1 zoning issue and the drinking in public right- of-way issue was referred back to staff for additional review. C. VESTING RIGHTS After discussion, it was agreed that the vesting rights issue should be tabled to the May meeting D. CLEANUP LEGISLATION Staff made a brief presentation on the nature of the cleanup items which simply bdng the Municipal Code into compliance with what the actual practice of the City and/or with State or Federal requirements. After discussion, all items were recommended to Council for approval with the exception of the C-1 zoning issue which was tabled to the May meeting. 7. ADJOURNMENT Adjourned at 3:30 p.m. cc: Honorable Mayor and City Council DBT )p S.\Oolores\u0mm42398 DRAFT B A K E R S F [.E L D Manage;'r Kevin McDermott, Chair City Randy Rowles Staff.' Dolores B. Teubner Patricia M. Smith .AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, March 4, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:25 p.m. Present:Councilmembers Kevin McDermott, Chair; Randy Rowles and Patricia M. Smith ~ 2. APPROVAL OF FEBRUARY 4, 1998 MINUTES Approved as submitted. 3. PRESENTATIONS Renee Nelson requested that the City look into widening the sidewalk in front of the Public Defender's Office on Truxtun. She was concerned about ADA accessibility. 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Staff reported that the KernCOG Board approved the Regional Transportation Program (RTIP) which includes the $175 million for Phase I of the Kern River Freeway. The California Transportation Commission (CTC) will review and approve State Transportation Program (STIP) in June. Staffalso presented a proposal for construction of a sewer trunk line aiong the alignment of the Kern River Freeway to serve the Rosedale area (area around the DoubleTree Hotel). The current sewer line has reached capacity and requires significant maintenance. The Committee directed staff to move forward with development of the sewer line project. URBAN DEVELOPMENT COMMITTEE DRAFT AGENDA SUMMARY REPORT Wednesday, March 4, 1998 Page -2- 6. NEW BUSINESS A. YARD ENCROACHMENTS FOR CARPORTS, CANOPIES AND PATIOS This ordinance amendment will clarify the definition of encroachment and permit carports, patios, etc., constructed more than 10 years ago to remain nonconforming uses. This will resolve the problem the City has had with older neighborhoods which tend to have a number of these types of structures. This will also allow the Building Director to grandfather them in rather than requiring the property owner to go through a costly BZA hearing. The Committee was satisfied with the proposed ordinance change and forwarded it on to the Council for second reading. B. REVIEW OF PLANNED UNIT DEVELOPMENT (PUD) PROCESS Staff reviewed the process which allows final development plans to be handled by staff at site plan review provided they comply with what was approved by the Planning Commission and City Council. The Planning Director is authorized to approve minor changes; however, major changes including alterations to the architectural design or style, physical placement of buildings or struCtures, location of access points, packing design, building density or size or the quantity/quality of landscape materials, must be appealed to the City Council for approval. The Committee was concerned that the current process was inflexible and did not allow the Council the ability to compromise if needed. Staff indicated that further study was needed on what changes could be approved by the Planning Director versus the City Council. The Committee indicated that there is a need to clarify what items can be appealed to the City Council; staff should have some authority to determine whether or not an issue may be appealed to the City Council; and some basic standards should be developed for the form and content of the appeal. Staff was directed to further study the issue and bring it back t° the Urban Development Committee at a future meeting. 7. ADJOURNMENT Adjourned at 1:25 p.m. cc: Honorable Mayor and City Council DBT:jp March 4, 1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. LaRochelle, Engineering Services Manager State Route 99 The landscape project between Wilson Road and Golden State/Airport Drive is continuing. Seismic Retrofit Project Work continues on the seismic retrofit of 12 bridges in the metropolitan area. To date work on eight of the bridges has been completed. Work on the 24'h Street bridge at the Kern River is expected to be ~omplete. The structural portion of the work at Wible Road and SR 99 is complete. The work on Airport Drive at the Calloway Canal is still underway. Kern River Freeway ¢S.R. 58 Adoption Study) The Kern River freeway passed a major milestone last month. On February 19, the KernCOG board approved the Regional Transportation Improvement Program (RTIP) which included $175 million 5or phase I of the freeway project. The RTIP will be included with other RTIP's statewide and approved by the California Transportation Commission (CTC) on June 2 & 3, 1998. These combined RTIP's along with other interregional State projects will form the State Transportation Improvement Program (STIP). Although Phase I had to be scaled back due to funding limitations, the full project will be constructed in a reduced scope, The remaining elements will be funded in subsequent STIP cycles. In addition to the STIP being approved at the CTC's June meeting, the freeway 58 route wilt also be adopted by the State. It is anticipated that the route will be formally adopted by the Federal Highway Administration (FHWA) later in the fall of 1998. The Route Adoption EIR is nearly complete. Comments are now being compiled by CalTrzns to be submitted to FHWA. According to CalTrans staff, none of the comments submitted by the public or other agencys could not be answered with any concerns mitigated. It anticipated that the final EIR will be entirely complete in late summer, 1998. Other significant dates are as follows: Submit project to STIP in March 1998 Route Adopted by CTC in June 1998 Feds Adopt STIP in November 1998 It is anticipated that right-of-way acquisition will take approximately I to 3 years. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a furore phase and will be connected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative. (Crosstown Freeway) After construction of the Kern River Freeway, the next highest priority for the City of Bakersfield, and the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. Together these two freeway segments comprise the Centennial Corridor which will eventually provide a direct connection of State Route 58 with State Route 5. Planning for the Crosstown Freeway is in its infancy. Several studies have been conducted to date showing possible alignments as well as preliminary cost estimates. However, for the process to move forward, the route must be adopted by the CTC and FHWA. The Kern Council of Governments, together with both the City and County have applied for Federal demonstration funds to finalize planning for this project and to provide construction for a link to downtown. It is imperative that the proposed demonstration project be re-endorsed by the City Council since re-authorization of the Intermodal Surface Transportation Efficiency Act (ISTEA) is being considered by Congress. The estimated cost for this project is approximately $350 million. This freeway facility is not only vital to provide adequate traffic circulation from downtown Bakersfield to nearby residential areas, but it is also essential to complete the State Route 58 link to Interstate 5. The Metropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preferred alignment starts at Interstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the ali~m'unent of Hosking Road. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. This project is also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of-way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. Technical studies are being prepared for the EIR. Notice of preparation has been filed with the State. Once the EIR has been certified, the specific plan line will be. adopted and protection of the right-of-way using local funds may begin. Construction is not anticipated to begin until 2020 +. Highway 178 @ Commanche Drive/Alfred Harrell Hwy The City, County and Caltrans met regarding a project to realign Commanche Drive to line up with Alfred Harrell Hwy. The initial meeting went well with Caltrans interested in participating in a project. Caltrans asked for traffic counts to be conducted on both existing intersections. These counts were performed by City and County staff. The results of the counts have been submitted to Caltrans for their analysis. Once their analysis is complete, it will determine their level of participation. The next steps will be to provide funding from both the City and County in the amount of approximately $200,000 each agency. This funding coupled with Caltrans funding will be enough to complete the project. · B A K E R $ F I E L D · 'i PUBLIC WORKS DEPARTMENT " MEMORANDUM DATE: MARCH 4, 1998 TO: URBAN DEVELOPMENT COMMITTEE ~ FROM: RAUL Mi ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: SEWER TRUNKLINE ALONG KERN RIVER FREEWAY EXISTING PROBLEM . For a number of years, the City has been experiencing maintenance and capacity problems of its sewer system serving the DoubleTree Hotel area (formally Red Lion Inn).'. An extensive study of the area indicated that not only was capacity of the system insufficient, a portion of the sewer main was constructed at adverse grade. The end result is that City crews must clean the sewer main ~very week. The cost estimate to correct the adverse grade problemis approximately $400,000. Several recent developments have caused us to look into another option to not only provide the necessary remedy to the tnaintenance problem but also provide sufficient capacity for continued development. These developments include: · Continued progress in development of the Kern River Freeway. · Proposed anneXations in the area. · Proposed large imultiplex movie theater. · Proposed 55 to'.65 unit motel complex (see attached letter). In an et'tort to provide'ia global solution, we looked into the feasibility and cost of constructing a trunk line to the west. '.[ The cost to provide this trunk line is approximately$1,233,000. The overall benefits of this. thank line deserve consideration. 'CONCLUSION AND RECOMMENDATION Based on the factors abo~,e and the overall benefit now and in the futurb, staff'would recommend we begin the process Of providing tbr this trunk line. This would require design, environmental clearance, easement acquisition and construction. We currently have a consultant (Quad Engineering) providing engineering services for the "band-aide" solution. No actual design has been completed to date. With the Council's approval, we could modify the current project to begin design of the trunk line immediately with construction to follow thereafter. i_etter 1/21 Mr. Jacques LaRochelle Civil Engineer IV - Design City of Bakersfield Public Works 1501 Truxtun Avenue Bakersfield, CA 93301 Re: Sewer System, Marriott Court and Camino Del Rio Court Mr. LaRochelle On behalf of our client, we are proposing to develop the parcel of land at the northwest comer of Marriott Drive and Camino del Rio Court. The project shall consist of a 55 to 65 unit motel complex. Please find enclosed a site plan for your use. { It is estimated that construction will start around mid-1998 and the motel will come on-line by the end of the year or the beginning of 1999. i We understand that a new 'sewer trunk line' is being proposed to serve i this area because of the present lack of capacity. My client would be very interested as to the progress of this proposed project and the possibility of being able to hook-up to the system as an alternate to providing a storage ! tank and pump system for the effluent to be discharged into the City's system during the off peak hours. "Thank-you for your attention in this matter. Please keep us abreast of the !'ess. GqlbE 'rt M. Won~ Architect, NCARB Gilbert I t.Wong Architectur~/Planninll 606 Davies Ct. ~ Bakersfield,Ca ~ 93309 i (805) 328 1716 ! DRAFT BAKERSFIELD ~" (~'~ ~ Kevin McDermott, Chair Alan Tandy, City Manager Randy Rowles Staff: Dolores B. Teubner Patricia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, February 4, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:30 p.m. Present: Councilmembers Kevin McDermott, Chair; Randy Rowles and Patdcia M. Smith 2. APPROVAL OF JANUARY 7, 1998 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Staff gave an update on the status of freeway projects in the metro area. The Route Adoption EIR for the Kern River Freeway is nearing completion. CalTrans is compiling public comments that were given and will be submitting them to the FHWA. Staff does not anticipate any new issues being raised with regard to the proposed alignment. Kern COG expressed some concern over the approval of funding for the Kern River Freeway. Kem COG members wanted to insure that future funds would be available for projects in other cities. Staff is working with Kern COG to resolve this issue. DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 4, 1998 Page -2- B. DOWNTOWN TREE PLANTING Councilmember Rowles referred this item to staff to develop methods to facilitate voluntary tree planting by downtown businesses. He indicated that often the cost of installing an irrigation system makes tree planting cost prohibitive for small private businesses. As an inducement to plant trees, it was suggested that a waiver of the requirement to install automated irrigation be given and instead businesses could arrange for other means to water trees such as contracting with the Tree Foundation or the City for watedng with a water truck. Staff was directed to discuss this issue with the Tree FOundation and the DBA and return to the Committee with a proposal. C, 1998 PROPOSED MEETING CALENDAR The schedule was adopted as proposed. 6. NEW BUSINESS A. SITE PLAN REVIEW Staff outlined the latest proposal for site plan review procedures. The procedure provides for an initial review and approval of a site plan bythe Development Services Director who · will conduct a CEQA review, another review by the Site Plan Review Committee will occur at the time of application for a building permit. The procedure further allows for any party to appeal the decision to the Planning Commission. However, the Planning Commission may only verify the consistency of the plan with standards already adopted by the City Council. No new standards may be imposed. The procedure also calls for all development policies to be adopted as part of the Municipal Code and the proposed ordinance reiterates some state law to make it easier to understand. Staff indicated that site plan review is not arChitectural or elevation review under CEQA. This new procedure provides for a means to review environmental impacts without making the City overly bureaucratic. Staff was directed to move forward with presenting the proposal to the Planning Commission. 7. ADJOURNMENT Adjourned at 1:20 p.m. cc: Honorable Mayor and City Council DBT:jp URBAN DEVELOPMENT COMMITTEE - 1998 ADOPTED MEETING SCHEDULE WEDNESDAYS (!~ 12:15 PM COMMITTEE MEETING COUNCIL MEETING January 7 January 14 None January 28 February 4 February 11 None February 25 March 4 March 11 None March 25 None April 8 April 15 Apdl 22 None May 6 May 13 May 20 None June 10 June 17 June 24 None July 15 July 22 None None August 12 August 19 August 26 None September 9 September 16 September 23 None October 7 October 14 October 21 None* November 4 None* November 18 None December 2 December 9 December 16 'No meetincj scheduled because of holidays. DRAFT BAKERSFIELD Kevin McDermott, Chair Alar/R/'~ndy, City~Manage~ Randy Rowles Staff: Dolores B. Teubner ~. Patricia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, January 7, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:20 p.m. Present: Councilmembers Kevin McDermott, Chair; Randy Rowles and Patricia M. Smith 2. APPROVAL OFOCTOBER 15, 1997 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Public Works staff provided an update on the status of the Kern River Freeway, Crosstown Freeway and the South Beltway. Please refer to the attached status report. The Committee wanted to know how the City can preserve ROW for the alignment while CalTrans is in the process of finalizing the Route Adoption EIR over the next 5 months. The City Attorney presented one alternative which is adoption of an ordinance which places restrictions on renewals and application for tentative tract maps in the proposed alignment. Representatives of Castle & Cooke expressed concerns over this method. Another alternative is to develop a disclosure statement which buyers must sign when purchasing property along the proposed alignment acknowledging the future freeway. DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, January 7, 1998 Page -2- The Disclosure Statement could be a condition of approval for a tentative tract map. The proposal was unanimously approved and staff was directed to develop the disclosure statement. 6. NEW BUSINESS A. NOR PARK DEVELOPMENT PLAN In order to fully imPlement the Park Development Fee in the North of the River Parks and Recreation District, the City must adopt a capital projects listing which identifies the projects for which the fees are being collected. The Committee was concerned that the City might not receive its share of NOR park dollars from other fund sources. A representative of NOR stated that they would not use park development fees to supplant other discretionary dollars. They will supply a detailed list of park projects tied to funding sources and completion dates for review by the City. B. DOWNTOWN TREE PLANTING Tabled C. REGULATION OF STORAGE CONTAINERS Staff summarized the current ordinance regulating the use of storage containers. Staff indicated that it was restrictive and recommended several proposed changes to the ordinance including allowing up to six containers for seasonal use in addition to the two allowed under the standard, requiring screening of containers from public view, instituting a maximum time of 60 days for one time period per year and prohibiting stacking of containers. The CUP process would still be available for those businesses needing containers beyond the proposed restrictions. Representatives of Wal-Mart requested a longer time .period for the seasonal containers, suggesting 90 days rather than 60 days. The Committee indicated that Wal-Mart could apply for a CUP to request the longer duration. The proposal was approved unanimously with Randy Rowles absent. Staff was directed to revise the ordinance and bring the issue to the full Council for consideration. D. 1998 PROPOSED MEETING CALENDAR Tabled 7. ADJOURNMENT Adjourned at 2:15 p.m. cc: Honorable Mayor and City Council DBT:jp January 6, 1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. LaRochelle, Engineering Services Manager State Route 99 The irrigation portion of the landscape project between Wilson Road and Golden State/Airport Drive is 90% complete. The planting portion is expected to begin in February with completion in 5 - 6 months. Seismic Retrofit Project Work continues on the seismic retrofit of 12 bridges in the metropolitan area. To date work on eight of the bridges has been completed. Work on the 24'h Street bridge at the Kern River is expected to be completed in approximately three weeks. The structural portion of the work at Wible Road and SR 99 is complete with only cleanup remaining. The work on Airport Drive at the Calloway Canal should be completed in 3 to 4 weeks. Kern River Freeway (S.R. 58 Adoption Study) The KeJTt River Freeway preferred alignment extends from S.R. 99 at Truxtun and extends westward, roughly paralleling the Kern River, to Interstate 5. The first phase of this project would consist of building a full freeway facility from Truxtun Avenue to Stockdale Highway past Renfro Road, and improving Stockdale Highway (two lanes with shoulders) from that point to Interstate 5. There would be no direct connecti, on to S.R. 99. Any traffic on the Kern River Freeway which needed to get onto S.R. 99 would have to exit at Mohawk Street and get onto S.R. 99 from Rosedale/Pierce Road. The Local Agency's are to fund the Mohawk Street portion between Truxtun Avenue and Rosedale Highway excluding the "freeway portion". It is anticipated that the portion of Mohawk Street to be funded by the Locals will cost approxL,-nately $20,000,000. In addition, the City, County and KernCOG is looking into construction the Mohawk Street portion earlier than the actual freeway itself. If this could be done, a portion of the overall freeway project would begin early and an additional arterial/river crossing would be completed. Due to ~'he passage of Senate Bill 45, the majority of the freeway will be funded by the County minimums over a 6 year period. Based on these available minimums of approximately $193 million over the 6 year period and a total cost of approximately $240 million, the remaining funding must come from the State. CalTrans is in the process of trying to secure that additional funding at this time. The Route Adoption EIR is nearly complete. An open house showing the proposed freeway alignment was held December 1 I, 1997. The open comment period will extend until later this month. Once all comments are submitted, CalTrans will address those comments and submit them to FHWA. It anticipated that the final EIR will be entirely complete in late summer, 1998. Other significant dates are as follows: Submit project to STIP in March 1998 Route Adopted by CTC in June 1998 Feds Adopt STIP in November 1998 It is anticipated that right-of-way acquisition will take approximately 1 to 3 years. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be connected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative (Crosstown Freeway) After construction of the Kern River Freeway, the next highest priority for the City of Bakersfield, and the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. Together these two freeway segments comprise the Centennial Corridor which will eventually provide a direct connection of State Ro'ate 58 with State Route 5. Planning for the Crosstown Freeway is in its infancy. Several studies have been conducted to date showing possible alignments as well as preliminary cost estimates. However, for the process to move forward, the route mu. st be adopted by the CTC and FHWA. The Kern Council of Governments, together with both the City and County have applied for Federal demonstration funds to finalize planning for this project and to provide construction for a link to downtown. The estimated cost for this project is approximately $350 million. This freeway facility is not only vital to provide adequate traffic circulation from downtown Bakersfield to nearby residential areas, but it is also essential to complete the State Route 58 link to Interstate 5. A very preliminary outline of what is needed to adopt the crosstown freeway route is attached. The total cost to obtain this route adoption is shown on the last page of the outline.' South Beltway The Metropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preferred alignment starts at Interstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the alignment of Hosking Road. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. A public scoping meeting is scheduled for the regular Planning Commission meeting on January 15, 1998. This project is also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of-way acquisition may yet proceed. The Civ..l and the County are proceeding with a Tier I Environmental Impact Report. Technical studies are being prepared for the EIR. Notice of preparation has been filed with the State. Once the EIR has been certified, the specific plan line will be adopted and protection of the right-of-way using local funds may begin. Construction is not anticipated to begin until 2020+. P:\Misc'~l'r~¢ways PUBLIC NOTICE Notice of Public Review - Public Scoping Meeting For South Beltway Freeway Transportation Corridor Draft Program Environmental Impact Report The City of Bakersfield will conduct a public scoping rneeting for the South Beltway Freeway Transportation Corridor Draft Program Environmental Impact Report (EIR). The intent of the scoping meetings is to solicit comments from the public regarding the scope of the environmental issues that will be addressed in the Draft EIR. PROJECT DESCRIPTION The South Beltway Freeway Transportation Corridor project is an amendment to the existing Circulation Elements of both the Metropolitan Bakersfield 2010 General Plan and the Kern County General Plan. The project includes an adoption of a "specific plan line" for the South Beltway Freeway Transportation Corridor. The "specific plan line" is considered the centerline of the 300 feet wide corridor South Beltway Freeway Transportation Corridor. The transportation corridor will be approximately 26 miles in length and will extend from Interstate 5 to State Route 58. By adopting a transportation corridor (Specific Plan Line), future development proposed to occur within the corridor would not be permitted by the City or County. Land being developed during and at the time an alignment corridor it chosen will be purchased prior to construction of the South Beltway Freeway. Land within the City of Bakersfield jurisdiction will be purchased by the City and land within the Kern County jurisdiction will be purchased by the County. Preservation of a right-of-way corridor will also prohibit any requests for a change in land use within the corddor inconsistent with its purpose. Preservation of land for a transportation corridor will reduce or avoid potential land use conflicts in the future as development occurs within the regional area. The purpose of this project is to accommodate future east-west traffic in the developing metropolitan Bakersfield area. This project is planned to alleviate traffic congestion, support economic development and support alternative modes of transportation. A preferred transportation corridor and four alternative corridors have been identified. The preferred transportation corridor alignment extends from the Interstate 5/Taft Highway interchange and follows Taft Highway to approximately Buena Vista Road, proceeds in a northeast direction to McCutchen Road, continues east along McCutchen Road, intersects State Route 99 south of Hosking Road and gradually extends in a northeast direction to just north of Hermosa Road and then eastward connecting to State Route 58, a distance of approximately 26 miles. The alternative transportation corridors are as follows: 1. North of McCutchen Alternative: This alternative is a variant of the preferred transportation corridor utilizing the same alignment except as follows: just east of Buena Vista Road the alignment continues northeasterly to Old River Road just south of Panama Lane, then continues east to Ashe Road and southeasterly to New Stine Road and Hosking Road where this alternative alignment joins the preferred alignment. From Interstate 5 to State Route 58, the alignment has a distance of approximately 27 miles. 2. Bear Mountain Boulevard Alternative: Extends from Interstate 5 to Malaga Road and then northward along Malaga Road, connecting to State Route 58 and then northerly connecting to State Route 184, a distance of approximately 28.5 miles. 3. Engle Road Alternative: Extends from Interstate 5 along the approximate Engle Road Extension alignment to Union Avenue/State Route 204, then northeasterly to Cottonwood Road just south of Hosking Avenue continuing in a northeast direction to just north of Hermosa Road and then eastward connecting to State Route 58, a distance of approximately 25.5 miles. 4. Taft Highway/Panama Road Alternative: Extends from the Interstate 5/Taft Highway interchange and follows Taft Highway to Union Avenue/State Route 204, then northeasterly to Cottonwood Road just south of Hosking Avenue, continuing in a northeast direction to just north of Hermosa Road and then eastward connecting to State Route 58, a distance of approximately 25.5 miles. Standards for the South Beltway Freeway Transportation Corridor are as follows: A 300 feet-wide right-of-way; an ultimate build out to a six lane divided highway; 12 feet wide travel lanes; 60 feet wide medians; 10 feet wide shoulders; and areas needing elevated road crossings or depression of the road will require additional right-of-way on each side. The scoping meeting will be held before the Planning Commission of the City of Bakersfield on January 15, 1998, at the hour of 5:30 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers located at City Hall, 1501 Truxtun Avenue, Bakersfield, California. If you have questions regarding the scoping meeting, please contact Richard Dole or Marc Gauthier at the Development Services Department (805) 326-3733. p:sbwscope-nph -2- · ~ /loftWO0~ ~ /.eke Slou( i ~ 0' I 2 3miles  C^L,~=O..,: :v~ [ 0 1 2 3 4 Skin i *, ' ' ~' Alignment BAKERSFIELD "'"*~ l~ I LEGEND ~_~ ~E . ; ! ~ ~ -i Freeway Conventional Highway · [ I i Prefe.ed Alignment ~ ~ I ~ ' ~ I =~ ~e"~ ....... Taft Highway/Panama Road Alternative ~ ~ ~ ~ ~E~A~ABL~ ~ ' ~ ~ ~ Engle Road AEemative ~ ~ =: ~ ~s~ ~[ ~ ~ ~ - Bear Mountain Boulevard Alternative ~ . -~----- No~h of McCutchen Alternative Source: ~ 1991 I South Beltway Corridor EIR PROJECT AREA WITH I Figure PREFERRED ALIGNMENT AND .2 ALTERNATIVE ALIGNMENTS Woodward-Clyde 971000NA-O2.0/112497/wcc/graphics/gos.mci BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~/'t~ ~.... DATE: OCTOBER 28, 1999 SUBJECT: SEWER CONNECTION - 7905 PEMBROKE AVENUE City Council Referral #WFO018289 / O01 (Couch) Staff has contacted Mr. Russell Fox of 7905 Pembroke, who had a question about a rider on his property deed. Apparently, the deed contains language dating from 1980 requiring that the property hook up to the sewer within 180 days of sewer being available within 1/4 mile. In 1980, this area was in the County. It is possible that this rider was put on the deed by the County as a condition of the map, but staff would have to research this at the County Planning Department to verify that. Staff informed Mr. Fox that, as a result of the promise that the City made during the annexation process, the City would not require connection to the sewer. Mr. Fox was satisfied with this answer. G:\sub\SHARED\COUNCIL\COUNCIL.REF\001829.wpd City of Bakersfield *REPRINT* ~' ,~ WORK REQUEST PAGE 1 REQ/JOB: WF0018289 / 001 PROJECT: DATE PRINTED: 10~22~99 REQUEST DATE: 10/20/99 CREW: TIME PRINTED: 13:28:15 SCHEDULE DATES LOCATION: s'l'A/<'r: 10~20~99 LOCATION ID: ZIP CODE: COMPLETION: 10/28/99 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: ,COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: SEWER CONNECTION 7905 PEMEBROKE CONTACT MR RUSSELL FOX Phone 1 661 - 3994844 ( 7905 PEMEBROKE Phone 2 - BAKERSFIELD, CA REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REQUESTED STAFF CONTACT MR. RUSSELL FOX CONCERNING HIS DEED%CONTAINING A RIDER STATING THAT HIS PROPERTY WILL BE HOOKED UP TO THE SEWER WITHIN 180 DAYS. Job Order Description: SEWER CONNECTION 7905 PEMEBROKE Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE __/__/__ October 28, 1999 TO: Alan Tandy, City Manager FROM: Randy Fidler, Chief Code Enforcement Officer ~..p SUBJECT: Council Referral WF0018290 - Lighting at McDonald's at Hageman & Coffee Road The manager and contractor for the McDonald's at the above location have been contacted. Corrections have been made with glare shields and adjustments of the angles of the lights. However, after talking with the reporting party, Mr. Lomax, the lights still need more adjustments. We will continue working with McDonald's with the adjustment of the lights and will keep Mr. Lomax apprised of our progress. cc: Trudy Slater, Administrative Analyst BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY - CITY MANAGER FROM: RAUL M. ROJAS - PUBLIC WORKS DIRECTOR DATE: OCTOBER 28, 1999 SUBJECT: SHELLABARGER CUL-DE-SAC ISSUE Council Referral No. tFF0018291 / 001 (October 20, 1999) Councilmember Couch requested Public Works Director contact him at 327-9142 concerning th e I Shellabarger cul-de-sac issue. I I spoke with Councilmember Couch on October 27, 1999 and told him Public Works will be sending a letter, RcgisteredMail, to the Shellabarger residents regarding opening the. west end of Shellabarger Road to through traffic. The notice is requesting residents in the Shellabarger area to send us their opinion as to the removal of the gate and opening of the road. Attached is a copy of the letter transmitted to Councilmember Couch on 10/27/99, by way of facsimile, along with a sketch showing every lot with frontage on streets with access to arterial/collector, and the cost involved for the mailing of 200 registered letters. Attachments G:\GROUPDAT~Referrars\Couch\Shellabarger_WF0018291 .wpd ~ ~.City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018291 / 001 PROJECT: DATE PRINTED: 10~27~99 REQUEST DATE: 10/20/99 CREW: TIME PRINTED: 11:07:18 SCHEDULE DATES LOCATION: ~'l'~/~'l': ±0~20~99 LOCATION'ID: ZIP C'ODE: COMPLETION: 10/28/99 GEN. LOC: FRoM:FACILITY NODES FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: SHELLABARGER CUL-DE-SAC ISSUE REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REQUESTED RAUL ROJAS CONTACT HIM AT 327-9141 CONCERNING THE SHELLABARGER CUL-DE-SAC ISSUE. Job Order Description: SHELLABARGER CUL-DE-SAC ISSUE at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: ..... PUBLIC WORKS ~ START DATE / / COMPLETION DATE October 27, 1999 Residents in the Shellabarger/Pepita Area Subject: - _ .... Opening:the west end of Shellabarger Road to Through Traffic Dear Resident: Both the City and the County have received a petition from some of the residents in the Shellabarger area requesting that the west end of Shellabarger Road be opened to through traffic. We are considering removing the gate and opening this road. Nevertheless, we would like input from all of the residents in the area on whether or not this would be desirable. A postpaid card has been enclosed with this letter. Please fill it out and return it.by November 19, 1999. We appreciate your cooperation and patience in this matter. If you have any questions concerning this, please contact Marian P. Shaw at (661) 326-3579. Sincerely, DAVID R. COUCH RAUL ROJAS Councilman, Ward 4 Public Works Director Attachment C: Supervisor Barbara Patrick Third Supervisodal District, Kern County , 1115 Truxtun Avenue, Room 503 Bakersfield, CA 93301 G:\GRO U PDAT~eferrals\Couch~ShellabargerLetter102799WF0018291 .wpd 5200 Rosedale Hwy. · Bakersfield, CA g3308 Phone (661) 327-3228 · FaX (661) 327-5140 From: ~ ~/,"~ Date: /~,/2,'"~/?~/ / PLEAIIIE DELIVER THE FOLLOWING PAGES 1'0~ Name: ~,~ ~-a ~ Address: Phone No.: ( ). '_~ & C -- ~- ?Z- F=x No.: ( WE ARE SENDING ~' PAGES {lnoludlng this page) If you do not rece~/G all pages, or are unable to read c~py, please call 661 HEFIE IS THE, ESTIMATE RECIUEST FOR: ~/~//~ o/ ~-//-~,