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HomeMy WebLinkAbout08/22/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF AUGUST 22, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL 2. WORKSHOP (20 min) a. Update on Riverwalk Plaza. (Alan Tandy, City Manager) (20 min) Update regarding Public Works Street Maintenance Efforts. (Brad Underwood, Public Works Operations Manager) (20 min) c. Ward Reapportionment (Jack Hardisty, Development Services Director) 3. CLOSED SESSION Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding property located at 6917 Akers Road, APN 515-031-08; Negotiating Parties: Finance Director Gregory Klimko, Real Property Manager Don Anderson and Leonard Aguirre; Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Roger Edwin Hartley, etc. vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. ClV-F-00-5894 AWl DLB REGULAR MEETING 1. INVOCATION by Reverend Mark J. Lawrence, Saint Paul's Episcopal Parish. 2. PLEDGE OF ALLEGIANCE r~ by Lauren Holbrook, 3 grade student at Centennial Elementary. 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR (Ward 1 ) (Ward2) Minutes: a. August 8, 2001 Council Meeting. Payments: Payments from July 27, to August 9, 2001 in the amount of $7,309,560.10; and Self Insurance payments from July 27, to August 9, 2001 in the amount of $600,829.88. Resolutions: Resolution of Intention No. 1249 to establish Maintenance District TS-6, (E. Brundage, Hayes), for traffic signal maintenance and operation, preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1251ordering the vacation of 1st Street, between Chester Avenue and Eye Street. (Albertson's Market Site) Co-generation Engine Emission/Performance System at Wastewater Treatment Plant 3: Resolution determining that modifications to the Co-generation Engine Emission/Performance System at Wastewater Treatment Plant 3 cannot be accomplished through the usual bidding procedures and authorize the Finance Director to dispense with bidding, not to exceed $41,287.98. Agreement with Combustion Compliance Corporation $41,287.98 for the purchase and installation of equipment to modify the co-generation engine at Plant 3. f. Resolution Adopting the Investment Policy of the City. g. Resolution establishing Council Policy for cable broadcast of public meetings. Resolution setting salaries and related benefits for officers of the General Supervisory, Police Supervisory and Management Units. Amendment No. 1 to Resolution No. 146-00 revising the dates of regular meetings. of the City Council during the month of October, 2001. -2- 8. CONSENT CALENDAR continued Agreements: j. Tract Maps/improvement Agreements: (Ward 4) Final Map and Improvement Agreement with Kyle Carter Homes, Inc., for Tract 6003, Phase 1, located south of Krebs Road, east of Fruitvale Avenue. (ward 4) Final Map and Improvement Agreement with Kyle Carter Homes, Inc., for Tract 6013, Phase 1, located north of Hageman Road, east of Fruitvale Avenue. (Ward 6) Improvement Agreement with Castle & Cooke Commercial-CA, Inc., for Parcel Map 10465, located south of Pacheco Road, west of Gosford Road. (Ward 3) Agreement with Kern River Partners, LLC for dedication and reservation of real property, located at the southwest corner of Highway 178 and Miramonte Drive. (Ward 1) Agreement with Friendship House Community Center (FHCC) for $35,000 of Community Development Block Grant Funds to rehabilitate the recreation center and classroom located at 2424 Cottonwood Road. Agreeme,t with Kern County Hispanic Chamber of Commerce, a non-profit organiz: .q, to purchase two surplus computers from the City for $1.00 each, total of $2.00. n. Entry Monument Signs: Ground Lease Agreement at Kern Delta Park located on the east side of State Route 99, between McKee Road and Panama Road. (Outside City Limits) o. Developer Reimbursement Agreements for Street Reconstruction: (Ward 4) Reimbursement Agreement with Castle & Cooke Califomia, Inc.$34,646 for reconstruction of existing pavement on the south side of Brimhall Road, between Allen Road and Jewetta Avenue. (Ward 4) Reimbursement Agreement with Castle & Cooke California, Inc. $115,939 for reconstruction of existing pavement along the west side of Gosford Road, between Pacheco Road and Harris Road. (Ward 2) Amendment No. 2 to Agreement No. 99-214 with Green Gardens and Golden Empire ~ffordable Housing, Inc. for the assignment of a 90 unit affordable multi- family housing project located at 2300 South Union Avenue. (Ward 7) Amendment No. 2 to Agreement No. 00-287 with RBF Consulting, $4,400 for environmental consulting on the White Lane/Highway 99 Interchange Reconstruction project. -3- 8. CONSENT CALENDAR continued (Ward 7) (Ward 1 ) (Ward 1) Amendment No. 1 to Agreement No. PW 00-109 with Ross-Campbell, Inc. to include radio advertisements into the scope of services. (Increase of $7,248.78). Bids: Accept bid to award contract to Martha Bowers, Inc. dba BCI, in the amount of $220,535 for the construction of Gwendolyn Street area sewers. Accept bid from Rehrig Pacific Company, $112,029, for 2400 refuse and greenwaste containers for the Solid Waste Division of Public Works. Accept bid from SC Communications, Incorporated, $96,187.92 for 125 Motorola Radios and accessories. Extend bid from Gibbs Truck Centers $88,709.42, for one (1) additional Three Axle Dump Truck for the Street Maintenance Division of Public Works. Extend bid from Central Valley Truck Center $240,994, for two (2) Refuse Trucks, one (1) additional front end loader and one (1) replacement roll-off, for the Solid Waste Division of Public Works. Accept bids from IBM Direct and Stutz Associates to purchase personal computers, monitors and miscellaneous equipment, not to exceed $350,000. Miscellaneous: Accept fire insurance settlement from Chubb and Sons, in the amount of $293,236 for fire damage to the Bakersfield Municipal Airport Restaurant. Downtown Business and Property Owners Association request for assumption of Banner change-out responsibilities and debt. (Refer to Budget and Finance Committee) aa. Transfer of $50,000 from Council Contingency to the Non-Departmental Budget in the General Fund for a financial contribution to the Bakersfield Senior Center. Staff recommends adoption of Consent Calendar Items a. through aa. -4- 9. HEARINGS (Staff comments will be made by Jack Hardisty, Development Services Director, on Hearing Items a. through i.) (Ward 4) Final Environmental Impact Report, General Plan Amendment/Zone Change P00-0291: Castle & Cooke California, Inc. is requesting (1) an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Office Commercial to General Commercial, (2) an amendment to the Kern River Plan Element by changing the land use map designation from 6.25 Office Commercial to 6.2 General Commercial, and (3) Zone Change from Professional and Administrative Office to Regional Commercial on 32.89 acres, located west of Calloway Drive, between Stockdale Highway and the Kern River. Resolution certifying the Final Environmental Impact Report for General Plan Amendment/Zone Change P00-0291. Resolution adopting the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Office Commercial to General Commercial on 32.89 acres. Resolution adopting the amendment to the Kern River Plan Element by changing the land use map designation from 6.25 Office Commercial to 6.2 General Commercial on 32.89 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 102-31 and 123-06 from Professional and Administrative Office to Regional Commercial on 32.89 acres. Staff recommends adoption of the resolutions certifying the final environmental impact report and approving the general plan amendment, first reading of the ordinance and deny the appeal. -5- (Ward 4) HEARINGS continued b. General Plan Amendment No. P00-0810 Kyle Carter Homes, Inc. is requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Low Density Residential to General Commercial on 10.81 acres, located south of Olive Drive, west of Highway 99, at the northwest corner of the Knudsen Drive and Hageman road alignment. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Low Density Residential to General Commercial on 10.81 acres. Staff recommends adoption of the resolution. (Ward 3) General Plan Amendment No. P01-0163 Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Low Medium Density Residential to General Commercial on 7 acres of land located at the northeast corner of Alfred Harrall Highway and State Route 178. Staff recommends adoption of the resolution. (Ward 6) General Plan Amendment/Zone Change No. P01-0223 SmithTech USA has requested amendments to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and a zone change on a site consisting of 28.41 acres located along the southwest corner of Pacheco Road and Old River Road. Resolution adopting the General Plan Amendment changing the land use designation from Low Density Residential to High Medium Density Residential on 28.41 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-19 changing the zoning from One-Family Dwelling to Limited Multiple-Family Dwelling on 28.41 acres. Staff recommends adoption of the resolution adopting the negative declaration and approving the general plan amendment as recommended by the Planning Commission and first reading of the ordinance. -6- 9. HEARINGS continued (Ward 2) e. General Plan Amendment/Zone Change P01-0224: Interstate Properties has proposed a General Plan Amendment on two acres and an Ordinance amendment for approximately 4 acres for a grocery store, located north of Brundage Lane, between Chester Avenue and Eye Street. Resolution adopting the General Plan Amendment and Negative Declaration to change the land use designation from High Density Residential to General Commercial. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 103-31 from Regional Commercial, Professional and Administrative Office and Limited Multiple Family Dwelling to Planned Commercial Development. Staff re.commends adoption of the resolution adopting the negative declaration and approwng the general plan amendment as requested and first reading of the ordinance. (Ward 4) General Plan Amendment/Zone Change and RiverLakes Ranch Specific Plan Amendment No. P01-0227: Project Design Consultants representing RiverLakes Land Development Co. have proposed a General Plan Amendment and an Ordinance amendment for approximately 75 acres, located south of Olive Drive, between Patton Way and Calloway Drive within the RiverLakes Ranch Specific Plan area. Resolution adopting the General Plan Amendment to change land use designations to Low Medium Density Residential at the southwest comer of RiverLakes and Olive Drives; to Low Medium Density Residential, High Medium Density Residential and Office Commercial; south of Hageman and RiverLakes Drives, west of Coffee Road; and to Low Density Residential, General Commercial and Light Industrial east of Coffee Road, north of Meany Avenue. Resolution adopting the RiverLakes Ranch Specific Plan Amendment to change land use designations to Low Medium Density Residential at the southwest corner of RiverLakes and Olive Drives; to Low Medium Density Residential, High Medium Density Residential and Office Commercial south of Hageman and RiverLakes Drives, west of Coffee Road; and to Low Density Residential, General Commercial and Light Industrial east of Coffee Road, north of Meany Avenue. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 102-08, 102-17, 102-20 and 102-21 to Limited Multiple Family Dwelling at the southwest corner of RiverLakes and Olive Drives, to Limited Multiple Family Dwelling and Office Commercial south of Hageman and RiverLakes Drives, west of Coffee Road; and to One Family Dwelling, Commercial and Light Manufacturing east of Coffee Road, north of Meany Avenue. Staff re~ommends adoption of the resolution adopting the negative declaration and approwng the general plan amendment and specific plan amendment as recommended by the Planning Commission and first reading of the ordinance. -7- 9. HEARINGS continued (Ward 4) General Plan Amendment/Zone Change P01-0228 and appeal of the Planning Commission recommendation. SmithTech/USA has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and zoning on a 157.17 acre site located between Snow Road, Reina Road, Jewetta Avenue and Allen Road. Resolution adopting the General Plan Amendment and Negative Declaration to change the land use designation from Resource-Intensive Agriculture to Low Density Residential on 147.14 acres and from Resource-Intensive Agriculture to High Medium Density on 10.03 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-12 from Estate One-Family Dwelling to One Family Dwelling on 69.22 acres, to One-Family Dwelling Church on 10.80 acres, from Agriculture to One Family Dwelling on 67.12 acres and to Limited Multiple Dwelling on 10.03 acres. Staff recommends adoption of the resolution approving the Negative Declaration, General Plan amendment, first reading of the ordinance and deny the appeal. h. General Plan Amendment No. P01-0285 City of Bakersfield has applied to amend the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes to the City's Land Use and Kern River Plan Element maps to achieve consistency with the Kern County Board of Supervisors' approved amendments from September 1999 and December 2000. These amendments are two separate sites located within the County jurisdiction of the Metropolitan Bakersfield 2010 General Plan. (County Jurisdiction) Staff recommends adoption of the resolution approving the amendments to the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. -8- (Ward 6) HEARINGS continued i. ~ General Plan AmendmentJZone Change No. P01-0302 The Lusich Company, Inc. has requested to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from General Commercial to Low Density Residential on 8.560 acres and Low Density Residential to General Commercial on 8.562 acres and change the zoning from Regional Commercial to One Family Dwelling on 8.560 acres and One Family Dwelling to Regional Commercial on 8.562 acres located at the northeast corner of Buena Vista Avenue and Panama Lane. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from General Commercial to Low Density Residential on 8.560 acres and Low Density Residential to General Commercial on 8.562 acres. Ordinance amending Title 17 c, ,e Bakersfield Municipal Code and Zoning Map No. 123-19 from Regional Commercial to One Family Dwelling on 8.560 acres and One Family Dwelling to Regional Commercial on 8.562 acres. Staff recommends adoption of the resolution and first reading of the ordinance. 10. REPORTS 11. (Ward 5) DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-34 by changing the zoning fro-' ~ Planned Commercial Development zone to a revised Planned Commercial Development zone on 16,75 acres located on the north side of Stockdale Highway, east of California Avenue. (#P01-0377) (First Reading 08-08-01) Staff recommends adoption of the ordinance. Ordinance adding Chapter 8.58 of the Bakersfield Municipal Code relating to tobacco use prevention and self-service displays. (First Reading 08-08-01) Legislative and Litigation Committee recommends adoption of the ordinance. Ordinances imposing restrictions on skateboard use on sidewalks within selected areas of the city. Ordinance amending Chapter 10.08.020 of the Bakersfield Municipal Code relating to vehicles and traffic. (First Reading 08-08-01) Ordinance amending Chapter 10.52.010 of the Bakersfield Municipal Code relating to bicycles and similar vehicles. (First Reading 08-08-01) Legislative and Litigation Committee recommends adoption of ordinances, -9- 11. DEFERRED BUSINESS continued d. City Council request for staff support and technology funding. Staff recommends Council discussion. 12. (Ward 4) (Ward 2) NEW BUSINESS a. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-35 by changing the zoning on 20 acres located along the south side of Brimhall Road, west of Jenkins Road from Agriculture zone to an Estate zone. (ZC 01-0334) Staff recommends first reading of the ordinance. b. Zone Change P01-0400 1. Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 103-20 and 103-21 from Limited Multiple-Family Dwelling to Neighborhood Commercial on a 12,819 square foot site located between State Route 178, Flower Street, State Route 178 - Beale Avenue on-off ramp/Owens Street and Beale Avenue. Staff recommends approving the Notice of Exemption and first reading of the ordinance. c. Ordinance adding Section 3.20.066 of the Bakersfield Municipal Code relating to Pre-Qualification of Bidders. Budget and Finance Committee recommends first reading of this ordinance. d. Ordinance amending Section 3.20.090 F of the Bakersfield Municipal Code relating to bonding for City projects. Budget and Finance Committee recommends first reading of this ordinance. 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\CounciI~AGENDA~AUG2201 .wpd August 16, 2001 (1:21pm) -10- BAKERSFIELD MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSO~,[UA~sSISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - AUGUST 22, 2001, COUNCIL MEETING AUGUST 17, 2001 PRE-MEETING There are three workshops: 1) an update on Riverwalk Plaza by Alan Tandy, City Manager; 2) an update regarding Public Works Street Maintenance Efforts by Operations Manager, Brad Underwood; and 3) a report on ward reapportionment by Development Services Director, Jack Hardisty. There are two closed session items: 1) Conference with Real Property Negotiator regarding 6917 Akers Road; and 2) Conference with legal counsel regarding existing litigation involving Roger Edwin Hartley. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution of Intention to establish a Maintenance District {E. Brunda(]e. Haves). for traffic siQnal maintenance, and oreliminarilv adootin(~, confirmin(3 and aoorovinc~ Public Works Director's RePort. A written request was received from the chairman trustee of the St. John Missionary Baptist Church to form a maintenance district for the operation and maintenance of a traffic signal on E. Brundage Lane at Hayes Street. The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcels. Item 8d. Resolution of Intention to order the vacation of 1st Street, between Chester Avenue and Eye Street (Albertson's Market Site~. Porter-Robertson Engineering, Inc. has requested vacation of l~t Street between Chester Avenue and Eye Street on behalf of Interstate Properties, Inc. to provide for a new Albertson's Market site. The development area will extend north from 1st Street to Brundage Lane and from Chester Avenue to Eye Street. The proposed building location is on the north side of 1st Street and will encroach into the north portion of vacated Ist Street. PG&E, Pacific Bell and California Water Services Co. have all been notified of the proposed closing, and have indicated they will not object to the vacation if the developer satisfactorily relocates their facilities and/or an adequate easement is reserved for facilities that remain. No objection has been posted by City Fire, Police, Public Works, Development Services or Economic Development Departments. Thero is an existing city sewer main in the street that requires reservation of an easement. The item was heard by the Planning Commission at its meeting of June 25, 2001 and was found to be consistent with the 2010 General Plan. The Resolution sets the date of September 19, 200, for public hearing. HONORABLE MAYOR AND CITY COUNCIL August17,2001 Page -2- Item 8e. Co-Generation Engine Emission/Performance System at Wastewater Treatment Plant 3. The Co- Generation Engine Emission/Performance System and accompanying accessories removes undesirable moisture and other components from methane gas. The gas is used to run a co-generation engine that produces electricity. When working properly, the system produces approximately $400 per day in electrical power savings. Currently, the engine is shut down due to the excess moisture and other components in the methane gas. The current system is inadequately scrubbing the methane gas, which has led to more frequent costly engine overhauls and intermittent failure to meet air emission requirements. Combustion Compliance Corporation installed the existing co-generation engine emission/performance system and the proposed system modifications cannot be reasonably accomplished by another vendor because of the unique design of the existing equipment and materials in place. Combustion Compliance Corporation has a yearly maintenance contract for the existing engine emission/performance system and would be responsible to maintain the proposed modifications. The modification will be funded by the FY 2001-02 Operating Budget. Item 8f. Resolution Adopting the Investment Policy of the City. This Resolution places the City in conformance with California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. A Council member requested that staff participate in the Investment Policy Certification Program offered by the Municipal Treasurer's Association of the United States and Canada (MTA US&C). Staff has rewritten the City's Investment Policy in the format of MTA US&C's model policy in order to qualify it for certification. Authorized investments and pementage limitations have not changed from the current policy. The rewritten policy was reviewed by the Budget and Finance Committee who recommend approval. After the policy is adopted, staff will apply for certification. Item 8a. Resolution establishin(~ Council Policy for cable broadcast of public meetings. Councilmember Couch asked staff to develop a policy regarding the broadcast of public meetings in the City Council Chambers. Staff prepared a draft policy which was reviewed by the Budget and Finance Committee at its August 2"~ meeting. The policy provides guidelines for meetings to be broadcast on KGOV. The Committee recommends approval of the policy. Item 8h. Resolution re(3ardin(3 Manaoement Salaries. This resolution sets the salary increase for management and supervisory units at 4% in 2002, 4% in 2003, and 5% in 2004. Police Supervisory unit salary increases are 4% in 2002, 3% in 2003, and 5% in 2004. The resolution also makes changes in the limits of vacation accrual and changes to deferred compensation contributions. There are also changes proposed for sick leave payoff upon separation and changes related to how retirement contributions are treated by P.E.R.S. Details of the proposed changes are included in the administrative report. Item 8i. Amendment No. I to Resolution No. 146-00 revisinq the dates Of regular meetinqs of the City Council durinq the month of October, 2001. This resolution set the dates of regular City Council meetings, Joint City/County Meetings, Budget Hearings and Department Presentation for calendar year 2001. In order to accommodate various schedules, it is recommended that the regular Council Meeting set for October 10, 2001 be rescheduled to October 3, 2001. The next regular meeting will be held on October 24th as scheduled. HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -3- Aqreements: Item Bk. AQreement with Kern River Partners, LLC for dedication and reservation of real property Iocet~rl at the southwest corner of Hiqhway 178 and Miramonte Drive. On October 21, 1993, the Planning Commission conditionally approved Tentative Tract 5656 on 193.68 acres, consisting of 180 lots for single family residential development and 5 large lots for further subdivision located at the southwest corner of Highway 178 and Miramonte Drive. This agreement provides for the Subdivider to dedicate 2.75 net acres of real property located on the west side of Miramonte Drive, and 2.5 net acres of real property adjacent to it in order to provide a 5.25 acre park site. The Agreement places a value on the reserved property at $10,000 per acre for a total of $25,000 and gives the City an opportunity to purchase the reserved property when the improvements on the development are completed. Item 81. Aareement with Friendship House Community Center (FHCC) for $35,000 of Community Development Block Grant Funds to rehabilitate the Recreation Center and Classroom located at 2424 Cottonwood Road. The City of Bakersfield Action Plans for FY99 and FY95, approved by the City Council, allocated $35,000 in CDBG funds to rehabilitate FHCC. The items to be covered by this agreement include renovation of the HVAC and irrigation systems, conversion of an existing building into a classroom, and rehabilitation of a restroom. Item 8m. Aareement with Kern County Hiseanic Chamber of Commerce. a non-profit oraanization, to oumhase two surolus comouters from the City for $1 each. The Finance Director has received a request from the Kern County Hispanic Chamber of Commerce to buy two surplus, used computers. The Municipal Code provides for this action and states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims for at total cost of $2. Item 8n. Ground Lease Aqreement at Kern Delta Park located on the east side of State Route 99, between McKee Road and Panama Road for Entry Monument Siqns. (Outside City Limits) The City desires to construct one of the two approved Entry Monument Signs along the eastern side of SR 99, just south of McKee Road. The land where the sign is to be placed is owned by the County of Kern. The County acquired this parcel of land in 1955 as a future park site. The inclusion of the Entry Monument Sign in this parcel will fit in and enhance any future park the County constr, ucts. All costs to construct the Entry Monument Sign and appurtenant structures, sign maintenance, and utilities will be born by the City. The contract to construct the Entry Monument Signs was awarded by the Council at the March 28, 2001 meeting. Item 80. Developer Reimbursement Aqreements for Street Reconstruction. The existing pavement along the south side of Brimhall Road between Allen Road and Jewetta Avenue has deteriorated and the City desires to have the existing pavement in this area reconstructed. It has been determined that Castle & Cooke will be providing street improvements in this area and can provide reconstruction of the existing pavement at the same time at a lower rate to the City than sending City crews out to perform the work separately. These Reimbursement Agreements will be funded with existing budgeted funds for street maintenance; therefore, no additional appropriation is necessary. Item 8o. Amendment No. 2 to Aq reement No. 99-214 with Green Gardens and Golden Emoire Affordable Housin(~. Inc. for the assionment of a 90 unit affordable multi-family housin(3 oroiect located at 2300 South Union Avenue. In 1999, the City budgeted approximately $140,000 in infrastructure improvements using a combination of CDBG and HOME funds to benefit an affordable multi-family housing project located at 2300 South Union Avenue. The project was developed by Green Gardens, LLC, a California corporation. HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -4- The total project involved 7.3 acres, substantial rehabilitation, and re-use of two existing structures for 90 Single Room Occupancy affordable housing units. Construction was completed last year and tenancy occupation is near capacity. The City's contract contains covenants and conditions regarding the use of the property during the twenty year affordability period. Green Gardens has requested an Assignment from the City approving the transfer of the property to Golden Empire Affordable Housing, Inc. (GEAHI), a California non-profit, public-benefit corporation. For the transfer of the Green Gardens property to occur without repayment to the City, an Assignment needs to be approved by the Council. As a condition of the City's approval of the property transfer, GEAHI needs to assume all the rights and obligations of Green Gardens under City Agreement No. 99-214 and it Amendment No. I to Agreement No. 99-214. The Assignment has been reviewed and approved by GEAHI and Green Gardens. This Assignment contains no financial changes to City Agreement No.99-214 or Amendment No. I to Agreement No. 99-214. Item 8q. Amendment No. 2 to Aqreement No. 00-287 with RBF Consulting for environmental consulting on the White Lane/HiQhwav 99 Interchan(~e Reconstruction oroiect in the amount of $4.400. During recent consultations with CalTrans, additional acoustical analysis was requested that were not anticipated in the original scope of work of Agreement 00-287. The original acoustical work was done on the Smoke Tree Mobile Home Park. CalTrans now wants the analysis expanded to include the two motel sites adjacent to and north of the Smoke Tree site. This Amendment is necessary to pay the Consultant for the additional services required by CalTrans that will be performed under this revised scope of work. Amendment No. 2 adds $4,400 to the total compensation amount, bringing the total amount to $86,144. Sufficient funds are available within the project's budget Item 8r Amendment No. I to Agreement No. PW 00-109 with Ross-Camobell. Inc. to include radio advertisements in the amount of $7,248.78. The original Agreement provided for the contractor to develop brochures and print items regarding the City's Used Oil Recycling Program. Subsequently, it became necessary to develop a radio advertising program. This amendment adds $7,248.78, which raises the total of the agreement to $27,248.78, exceeding the $25,000 department level contract limit. This program is fully funded by State block grants, so there will be no fiscal impact. Bids Item 8s. Award contract for the construction of Gwendolvn Street area sewers to Martha Bowers. Inc. dba BCI. in the amount of $220.535. Four acceptable bids were received. Staff recommends award to Martha Bowers, Inc., dba BCI. Item 8t. Acceot bid for 2400 refuse and ~3reenwaste containers for the Solid Waste Division of Public Works from Rehri(~ Pacific Company $112,029. Two acceptable bids were received. Staff recommends award to Rehrig Pacific Company. Item 8u. Acceot bid for 125 Motorola Radios and accessories from SC Communications. Incorporated. in the amount of $96,187.92. Three acceptable bids were received. Staff recommends award to SC Communications, Incorporated. Item 8v. Extend bid for one (1) additional Three Axle Dumo Truck for the Street Maintenance Division of Public Works from Gibbs Truck Centers in the amount of $88.709.42. At the Council meeting of April 11, 2001, Gibbs Truck Center was awarded the bid for the pumhase of dump trucks. The specifications included a provision, whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Gibbs Truck Centers has indicate their approval of extending the same per unit cost for this pumhase. HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -5- Item 8w. Extend bid for two (2) Refuse Trucks, one (1) additional front end loader and one (1) replacement roll-off for the Solid Waste Division of Public Works from Central Valley Truck Center in the amount of $240,994. At the June 14, 2000 Council meeting, Central Valley Truck Center was awarded the bid for the purchase of refuse trucks. The specifications included a provision, whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Central Valley Truck Center has indicated their approval of extending the same per unit cost for this purchase. Item 8x. AccePt bids from IBM Direct and Stutuz Associates to purchase Personal computers, monitom and miscellaneous equipment, not to exceed $350,000. This item is for the purchase of replacement of computer equipment. Pricing was requested on a "not to exceed" per unit basis for various models currently available. This allows staff to negotiate for lower prices over the period of the award should prices drop. Staff is recommending the award be split between IBM Direct and States Associates not to exceed $350,000. Miscellaneous Item 8v. Bakersfield Airpark Fire Insurance Settlement. On December 12, 2000, a fire occurred in the restaurant facility at the Bakersfield Municipal Airport, causing significant damage. Chubb and Sons has offered a cash settlement in the amount of $293,236 for the fire damage. Accepting the settlement means the funds, at 5% interest, would generate approximately $13,000 for the annual operating budget and be a more secure revenue source than the restaurant has proved to be. Item 8z. Downtown Business and ProPerty Owners Association (DPBOA~ reauest for assumption of Banner chanae-out Responsibilities and Debt. On December 17, 1997, the DPBOA and City Council entered into an agreement whereby the DPBOA would hang banners on Chester Avenue four times a year. This agreement terminated on May 18, 1999, although the DPBOA has continued to provide this service. On August 8, 2001, the DPBOA sent a letter to staff indicating they would no longer be able to assume the related duties. They contracted the work out and are currently in arrears in the amount of $1,760. They request that the City assume this debt and provide financial assistance to honor the obligation. Referral to the Budget and Finance Committee is recommended. Item 8aa. Transfer of $50.000 from Council Continaencv to the Non-Departmental Budget in the General Fund for a financial contribution to the Bakersfield Senior Center. The City Manager received a letter from the Executive Director of the Bakersfield Senior Center requesting an opportunity to request financial assistance. The City Manger met with representatives from the Bakersfield Senior Center, at which time they stated their operation was having financial difficulty and they requested financial assistance of $50,000 to help pay past due debts they have incurred. Since the city had provided $25,000 to the Senior Center about six or seven months ago, the City Manager requested detailed financial information on the Senior Center's financial condition to provide to the Budget and Finance Committee in order to proceed with their request. The Senior Center's operating expenses are exceeding revenue and they need assistance to be able to stay open and keep providing services to seniors. The Finance Director has conducted a review of the Senior Centers financial information and has provided it to the Council under separate cover. The Budget and Finance Committee reviewed their request and is recommending a one- time contribution of $50,000 to the Senior Center be made from Council Contingency to address existing debt and development of an ongoing plan for financial improvement, with assistance from the City's Finance Department. Staff will prepare an agreement with the Senior Center indicating the terms and HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -6- conditions of the contribution and that payments will be made based on the review and approval by the City's Finance Director of documented and justifiable expenditures, and liabilities directly related to the operation of the Senior Center. HEARINGS Item 9a. Final Environmental Impact Report, General Plan Amendment/Zone Chanqe (RiverWalk Commercial Center). Castle & Cooke is proposing to develop approximately 300,000 square feet of commercial uses, lodging and a potential office building on 32.89 acres located west of Calloway Drive, between Stockdale Highway and the Kern River. They are now requesting: 1) an amendment to the land use element of the 2010 General Plan by changing the designation from OC (Office Commercial) to GC (General Commercial; 2) an amendment to the Kern River Plan Element; and 3) a zone change from C-0 (Professional and Administrative Office) to C-2 (Regional Commercial). In relation tothe Kern River Plan Element, both the Kern County Planning Commission and Board of Supervisors reviewed the project and recommended approval. The Planning Commission held a public hearing for the GPA/ZC on June 28, 2001, and adopted resolutions recommending certification of the Final EIR and approval of the project with 59 conditions of approval. The proposed conditions of approval were included to ensure that development would be consistent with the Kern River Plan Elements and its policies. A total of 1,600 petitions that support the proposal were received. Six people spoke in opposition. An appeal was received from Ryan Oliver; however it provided no testimony or evidence as to how or why the proposed certification of the Final EIR is not in compliance with CEQA. Item 9b. General Plan Amendment (Haoeman/Knudsen). Kyle Carter Homes, Inc. is proposing to remove any possible residential development within a half mile limit of Amber Chemical, which is located on the southeast corner of Hageman Road and Knudsen Drive. They are now requesting to amend the land use element of the 2010 General Plan by changing the designation from LR (Low Density Residential) to GC (General Commercial) on 10.81 acres, and from R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) on the same 10.81 acres. The Planning Commission held a public hearing for the GPA/ZC on June 28, 2001, and determined that the proposed GC land use designation was appropriate, however they denied the zone change. They determined that due to the configuration of the project site, the PCD zone rather than C-1 zone would ensure that future commercial development is more cohesive and would be adequately integrated into the adjacent residential and commercial land use description. Kyle Carter agreed and indicated he would at a future date apply for the PCD zone. No appeals were received. Item 9c. General Plan Amendment (Alfred Harrell Hwy/SR 178). The City of Bakersfield is proposing to correct the existing land use designation for 19.54 acres at the northeast corner of Alfred Harrell Highway and SR 178. Seven acres were mistakenly designated LMR (Low Medium Density Residential) while the remaining portion was designated GC (General Commercial), and both are currently zoned C-2. The City proposes to bring conformity by changing the seven acre LMR designation to GC. The property owner submitted a letter in support of the proposal. The Planning Commission held a public hearing for the GPA on June 28, 2001. Item 9d. General Plan Amendment/Zone Chan(3e ~Pacheco/OId River). SmithTech USA has requested amendments to the land use element of the 2010 General Plan and a zone change on 28.41 acres located along the southwest corner of Pacheco Road and Old River Road. The requested designation change is from LR (Low Residential) to HMR (High Medium Residential) that would allow multiple family dwellings. The requested zone change is from R-1 (Single Family Dwelling) to R-2 (Limited Multiple Family Dwelling). Fourplex dwellings are proposed for the site. There were concerns expressed regarding the potential of HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -7- Pacheco Road becoming a drag strip. Public Works provided a condition requiring the Pacheco Road alignment to be "discontinuous in nature" to address this concern. The Planning Commission conducted public hearings on June 25, and June 28, 2001 and recommended approval of the requests with the condition mentioned above. Item 9e. General Plan Amendment/Zone Change (Brundaae/Chester-Eve). Interstate Properties has proposed a resolution adopting a GPA on two acres and an ordinance amendment for approximately four acres, both located generally north of Brundage Lane between Chester Avenue and Eye Street to construct an Albertsons market. The project will also vacate the right-of-way of Ist Street. This item would change the land use designation from HR (High Density Residential) to GC (General Commercial), and the zone change would be from C~2 (Regional Commercial) to C-0 (Professional and Administrative Office) and R-3 (Limited Multiple Family Dwelling) to PCD (Planned Commercial Development). The Planning Commission held public hearings on this GPA/ZC on June 25, and June 28, 2001. No significant issues were raised by the public or any affected agencies. The applicant has agreed to all conditions and mitigation for the project. Item 9f. General Plan Amendment/Zone Chanqe and RiverLakes Ranch Specific Plan Amendment. Project Design Consultants, representing RiverLakes Development Company, has proposed a GPA/ZC for approximately 75 acres located generally south of Olive Drive, between Patton Way and Calloway Drive within the RiverLakes Ranch Specific Plan area. The Planning Commission held public hearings on the GPA on June 25, and June 28, 2001. The Principal of Centennial High School spoke in opposition to allowing a higher density in the area east of the campus. The request was modified to reduce the number of dwelling units near the school by the applicant to alleviate concerns raised at and prior to the public hearings. The applicant agrees with the planning commission recommendation. Item 9g. General Plan AmendmentFZone Change and appeal of the Plannina Commission recommendation (Snow/Reina/Jewetta/Allen). SmithTech USA has applied to amend the land use element of the General Plan and zoning on a 157.17 acre site generally located between Snow Road, Reina Road, Jewetta Avenue and Allen Road. The project is primarily single-family dwellings with sites for multiple- family dwellings and a church. The Planning Commission conducted a public hearing on June 28, 2001. Several people spoke in opposition. Several issues were raised as to the difference in lot sizes and density between existing lots and proposed dwellings. Three nearby property owners appealed the Commission's decision to recommend approval, although no reasons were given. The primary issue raised during the hearing was the proposed multiplex-family residential site on the south side of Snow Road. Concerns were voiced at the Planning Commission hearing regarding the differences in lot sizes and density between the existing large lots north of Snow Road and the proposed multiplex-family residential. The Planning Commission approved staff's recommendation (with a 4 to 3 vote). The commissioners voting in opposition to the project stated they would support R-1 zoning on the property. The Council could approve the multiple-family request or approve it as R-1. The Council could also require tiering of lost sizes with larger lots backing up to the south side of Snow Road as has been done in some other areas of the City. Item 9h. General Plan Amendment (Brimhall/Renfro/KR/Manor). This item confirms various amendments to the 2010 General Plan Land Use Element and Kern River Plan Element maps approved by the Board of Supervisors from September 1999 to December 2000. These dangers are for two sites under County jurisdiction within the 2010 General Plan. The location for the project is south of Brimhall Road, 1/4 mile east of Renfro Road; and generally north of the Kern River, approximately one mile east of Manor Street. The Planning Commission held public hearings on this GPA June 25, and June 28, 2001. No one spoke in opposition. HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -8- Item 9i. General Plan Amendment/Zone Chanqe (Buena Vista/Panama). The Lusich Company, Inc. has requested to amend the land use element of the 2010 General Plan for an area located at the northwest corner of Buena Vista Road and Panama Lane. The purpose of the project is to reconfigure the existing commercial frontage from Buena Vista Road to Panama Lane. The designation would change from GC (General Commercial) to LR (Low Density Residential) on 8.56 acres, and from LR to GC on 8.562 acres. The zoning would change from C-2 (Regional Commemial) to R-1 (One Family Dwelling), and from R-1 to C-2, respectively. The Planning Commission held a public hearing on June 28, 2001. DEFERRED BUSINESS Item 11a. Ordinance amendina the Municipal Code and Zoning Map by changing the zoning from a Planned Commercial Development CPCD~ zone to a revised PCD on 16.75 acres located on the north side of Stockdale Highway, east of California Avenue. The Ordinance was given first reading on August 8, 2001. Staff has received no further comment, and recommends adoption of the Ordinance. Item 11b. Ordinance addina Chapter 8.58 of the Bakersfield Municipal Code relatinq to tobacco use prevention and self-service displays. The Ordinance was given first reading on August 8, 2001, and deferred to the meeting of August 22. Staff has received no further comment, and recommends second reading of the Ordinance. Item 1 lc. Ordinances imposina restrictions on vehicle use and traffic on sidewalks within selected are~ of the City. The Ordinance was given first reading on August 8, 2001, and deferred to the meeting of August 22. Staff has received no further comment, and recommends second reading of the Ordinance. Item 1 ld. City Council Reouest for Staff SuPPort and Technology Funding. This item was discussed at the August 8, 2001 Council meeting, but was deferred until the full Council would be present at the second meeting in August. The needs of the individual members vary, with some already having computers, faxes and cell phones. Council members may have equipment assigned to them that best meets their needs similar to Department Heads. Those that choose City equipment would have it maintained by the City and would be required to return the equipment upon expiration of service. As an alternate, Council members could select an allowance, at City-established internal service rates, and provide maintenance privately at their own cost. Those electing to take the allowance will have the payment taxed. The City Attorney advises that for FPPC purposes if the allowance is taken, you should be able to reconcile the payments and expenses and show City monies were not spent on campaign or personal expenses. Brown Act access for information might more greatly expose those with City equipment than those without. There are a variety of options under this plan to meet the technology needs of individual Council members. Some members may not need anything, which is also an option here. NEW BUSINESS Item 12a. Ordinance amendin(~ the Municipal Code and Zonin(3 MaD bv chanqinq the zoning on 20 acres located along the south side of Brimhall Road. west of Jenkins Road from Agriculture zone to an Estate zone. This Ordinance for Zone Change would prezone 20 acres from an A (Agriculture) to E (Estate) on property located south of Brimhall Road, west of Jenkins Road in order to develop the site with a single family residential subdivision. The Planning Commission held public hearings on June 25, and June 28, 2001, and recommends approval. No significant issues were raised at the hearings. The site is currently being annexed into the City. HONORABLE MAYOR AND CITY COUNCIL August 17, 2001 Page -9- Item 12b. Zone Chanqe (SR 178/Flower/Beale). This Ordinance would change the zoning from R-3 (Limited Multiple-Family Dwelling) to C-1 (Neighborhood Commemial) on a 12, 819 square foot site located between 178, Flower Street, 178-Beale Avenue on-off ramp/Owens Street and Beale Avenue. The proposed zone change would be in compliance with the existing land use designation. The Planning Commission conducted public hearings on June 25, and June 28, 2001. Item 12c. Ordinance addin(~ Section 3.20.066 to the Municipal Code relatinq to Pre-Qualification of Bidders. Due to the high cost to the City of a contractor's failure to complete a project, and the need to ensure high quality and timely completion of projects, the City should in appropriate instances, pre-qualify contractors. The proposed ordinance allows pre-qualification on projects over $250,000, or where the City Manager, or designee, determines that special expertise, equipment, or materials are required to properly complete the project. Public Works staff is developing a rating system for the pre-qualification process. Item 12d. Ordinance amendin(~ the Municioal Code relatin(] to bondinq for City proiects. The Budget and Finance Committee recommends adoption of this ordinance to protect against bonding company failures. By requiring bonding c~)mpanies be rated B+7 or better, the City is attempting to ensure that future bonds will not be defaulted on by the sureties. AT.JWS.al cc: Department Heads City Clerk's Office News Media File S:',AGN_HIGH~01Aug22.wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 IAGENDA SECTION: WorkShop ITEM: 2 oa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Alan Tandy, City Manager August 13, 2001 Update on Riverwalk Plaza DEPARTMENT HEAD CITY A'I'FORNEY APPROVED CITY MANAGER RECOMMENDATION: BACKGROUND: City Manager Alan Tandy will give an update on the progress of the Riverwalk Plaza. AT/al August 13, 2001 S:~Admin Rpts~001\Riverwalk Plaza update workshop 082201 .wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Workshop ITEM: 2.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 9, 2001 APPROVED DEPARTMENTHEAD~'Y) i~/~ CITY ATTORNEY c TY M^NAGER Update regarding Public Works street maintenance efforts. RECOMMENDATION: BACKGROUND: Mr. Brad Underwood, Public Works Operations Manager, will present to the Council the Street Maintenance Division efforts and procedures in maintenance and repair of City streets. Also discussed will be the role of the City Capital Improvement Program in maintenance and repair of City streets. dns August 9, 2001, 1:30pm G:~GROUPDAT~ADMINRPT~200 l~Aug22~workshop-stmaint.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Workshop ITEM: 2.co TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack Hardisty, Development Services Director August 9, 2001 Ward Reapportionment DEPARTMENT H EAD~..~ ..~ C,TY ATTORNEY BACKGROUND: Purpose This report is to present how we arrived at the numbers used for reapportionment and how the City Council might take into account projected population growth while working on council ward reapportionment. The report will focus on three main topics: Base Data - Describes where the population data came from and how it was compiled into a useable form. Application - Describes how the computer application is designed and the features available. Strategy - Suggests a way to take growth into account while working to a legitimate balance. Hopefully, this information will help clarify some of the technical issues involved and provide a solid knowledge base so that when the time comes, you can feel confident in the process. Base Data The base population data used for this project came from the year 2000 Census conducted by the U.S. Bureau of Census in April 2000 (PL 94-171 summary file). Other more recent published population figures are available from the State of California - Department of Finance (DOF). This file is known as the E-1 City/County Population Estimates. There are a few reasons why staff chose to use the Census Data instead of the DOF data as follows: The Census PL 94-171 summary file is expressly for the purposes of reapportionment. The Census data is distributed down to the census block level, which allows a more accurate distribution of population into the voter precincts (the voter precinct is the basic "building block" of the computer program application). The DOF data, which was generated using an independent statistical model, conflicts with the Census data. The Census data was based on an actual count. For example, the official Census population of Bakersfield was 247,057 as of April 1, 2000. The E-1 report from the DOF shows population for Bakersfield on January 1, 2000 as 250,500 and 254,400 for January 1, 2001. August 10, 2001, 2:24pm ADMINISTRATIVE REPORT Pa , 2 The DOF E-1 report is for the entire city. It is not distributed down to a small enough geographic area to assign population to a voter precinct. In order to get this information into a useable form for the project, the information had to be compiled into a "spatial data set" of voter precincts. A spatial data set is a special type of data file that contains a drawing of each of the precincts (known as areas or polygons) and the associated information that goes along with the area. In this case the information includes precinct name, the ward it currently exists in, the ward it might be moved to, and all the associated population data for that precinct (i.e. total population and ethnicity breakdown). This data set will be manipulated in the geographic information systems (G.I.S.) application, which will be talked about later. Staff used a combination of techniques and data (spatial and tabular) to compile the voter precinct file. The PL 94-171 summary file provided by the Census Bureau is tabular (rows and columns). As mentioned earlier, the records are broken down to the census block level. (The census block is typically smaller than a voter precinct). The Census Bureau provides a spatial file known as the Tiger 2000 file. There is enough information in each file to allow the data to be linked together. The resultant linked file was used to generate a "distributed map' of the City's population as defined by the Census Bureau. City staff has also created another spatial file that defines each of the voter precincts. Next, the relationship of census blocks boundaries to voter precinct boundaries was determined. This was done by laying the census blocks over the voter precincts and comparing the boundaries of each. In most cases voter precincts were made up of a combination of census blocks. In some instances, a census block boundary was split by a voter precinct boundary necessitating a split of the population for that block to determine what part of the block's population went with what voter precinct. Staff used the aerial photo (flown in May of 2000) to determine how many housing units lay on each side of the line. Using the ratio of housing units, a calculation was applied to get a population count for the block. For example, if a block with 867 people were split by a voter precinct then: The aerial was reviewed and houses counted on each side of the line. Lets say 212 houses on one side and 167 houses on the other. The total number of houses is 167 + 212 = 379 and the ratio is 167/379 = 44.06% on one side of the line and 212/379 = 55.94% on the other. Population is 867 x 44.06% = 382 on one side of the line and 867 x 55.94% = 485 on the other side. The same ratios were also applied to each of the ethnicity populations to complete the conversion. There were about 50 of these splits requiring such calculations. All of the resource files will be available within the application. An adjustment had to be made to compensate for the Palm/Olive detachment, which occurred after the census was taken. An adjustment of a census block did occur when backing out the Palm/Olive area and was split using the method described above. The final base population figure, 242,792, used is a result of this adjustment. Application The application is a customized computer program designed to allow the manipulation of ward boundaries within the computer and generation of multiple balanced "what-if" options. The application is set up to work interactively. The process is accomplished by first selecting a precinct or groups of precincts to be changed, keying the ward to move to, and then checking the results. By selecting, moving, and checking multiple times a solution can be arrived at. August10,2001,2:24pm ADMINISTRATIVE REPORT Page 3 An option can be saved at any time and subsequently loaded and modified at a later date. As precincts are selected, a running count of total population for that selection is generated. Precincts can be selected visually from the map or by picking from a list of precincts. Totals can be checked at any time during the process. Information is also included to show optimum balance (i.e. total population divided by 7) and the difference from the optimum (both count and percentage). Other available information includes ethnicity distribution (Base Model only) for the current proposal. Two additional models have been generated for use in conjunction with the base population (Base Model) figures described above: 1. Current Estimate Model - This is an estimate of current population using new residential building permits issued between April 1, 2000 and July 1,2001. The building permits were distributed using address to determine the voter precincts they fall within. This information was then added to the "Base Model" described above, to determine current population estimates by voter precinct. Projected Growth Model - Recently recorded tracts and tentative tracts were distributed into their corresponding voter precincts. Any building permits (as defined above) that were issued within recently recorded tracts were subtracted (to ensure they were not double counted). This information was then combined with the "Current Estimate Model" described above, to determine anticipated growth by voter precinct. This model should provide a reasonable estimate of where growth will be for the next three to five years. These models estimate and project population by voter precinct so anticipated growth can be incorporated into the overall solution. Suggested strategies for using these models are described in the following section. These estimated and projected populations can be checked and compared against the base numbers at any time. A detail report can be generated showing a breakdown of the current proposal by voter precinct and proposed ward with sub-totals. This report shows all relevant data including base (Year 2000), estimated current and projected growth figures. Strate,qy The intent of reapportionment is to obtain an equal balance of representation within a given jurisdiction. As a general rule, achieving populations within five percent of the average is considered very reasonable and this is the recommended goal. Deviations of up to ten percent may occur without formal justification, but a rational basis should be documented. In the establishment of boundaries, considerations may include topography, geography, community of interest and cohesiveness, contiguity, integrity and compactness of territory contained within boundaries. We should also be sensitive to the possible disenfranchisement of groups in the setting of boundaries. However, the question arises, "How can we reconcile our obligation to balance our populations by the census when we know that the City has grown by several thousand people unevenly? Staff suggests that we may be able to use legitimate tolerances for deviation and computer models from population projection. Base Model- Derived directly from the Census PL 94-171 summary file as described above. The Base Model indicates, the optimum population per ward is 34,685 (242,792 + 7). In terms of actual August10,2001,2:24pm ADMINISTRATIVE REPORT Page 4 count, ten percent is 3,469 people. Using this as a base, growth wards might be as Iow as 31,216 or non-growth wards might be as high as 38,154. Current Estimate Model - Derived from a combination of the Census PL 94-171 summary file and estimated population using building permits (from the April 1, 2000 Census to July 1, 2001 ), gives us a population of 251,103. Using this model, the average population of each ward would be 35,883, which would still be within the 5% variance of the Base Model's optimum population per ward. Staff can work with City Council, using the Current Estimate Model to achieve an equal distribution within the allowed deviations and then look ahead using the Projected Growth Model to see if the balances will hold within tolerances over the next few years. Projected populations have been generated using a combination of building permits (from the April 1,2000 Census to July 1, 2001 ), vacant lots (from recently recorded tracts) and active tentative tract lots to build a growth model at the precinct level. The end result should hedge the growth wards toward the lower end of the "equal balance" and the non- growth wards toward the higher end. Because of Bakersfield's rapid growth, this strategy should reduce the need to revisit reapportionment so soon in the future. JH:pah 8/9/01 P:\admins~.ugust\ward reapportionment.wpd August 10.2001, 2:24pm ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Closed Session ITEM: 3. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 9, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY ClWMA.^GER Conference with Real Property Negotiator pursuant to Government Code section 54956.8 regarding property located at 6917 Akers Road, Bakersfield, California, APN 515~031-08; Negotiating Parties: Finance Director Gregory Klimko, Real Property Manager Don Anderson and Leonard Aguirre; Under Negotiation: Price and terms of payment for purchase. RECOMMENDATION: BACKGROUND: BJT:laa AU22CA2.CS August 9, 2001, 11:07am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Closed Session ITEM: ~, b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 9, 2001 APPROVED DEPARTMENT HEAD ,~/~- CITY ATTORNEY ~ CITY MANAGER ~ Conference with Legal Counsel -- Existing Litigation Closed session pursuant t(~ subdivision (a) of Government Code section 54956.9. Roger Edwin Ha~ey, etc. v. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. ClV-F-00-5894 AWl DLB RECOMMENDATION: BACKGROUND: BJT:laa AU22CA1.CS August 9, 2001, 11:05am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk ~ ~. August 9, 2001 Minutes of August 8, 2001 Regular Council Meeting. APPROVED DE.ARTME.~.E~ ~ CITY ATI'ORNEY N/A CITY MANAGER ~ RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\JUL 1801 .wpd August 9, 2001, 9:37am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 10, 2001 APPROVED DEPARTMENT HEAD/~.,/~ ~ CITY ATTORNEY ~/~' ClTYMANAGER t~'~ Approval of department payments from July 27, 2001 to August 9, 2001 in the amount of $7,309,560.10 and self insurance payments from July 27, 2001 to August 9, 2001 in the amount of $600,829.88. RECOMMENDATION: Staff recommends approval of payments totaling $7,910,389.98 BACKGROUND: S:\KimG\Forms & Lables~ADMIN-AP,wpd klg ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.c o TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 14, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1249 to establish Ma~ intenance District TS-6, (E. Brundage, Hayes), for traffic signal maintenance and operation, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City from the chairman trustee of the St John Missionary Baptist Church, owner of the property described in Parcel Map No. 10715, to form a maintenance district for the operation and maintenance of a traffic signal on E. Brundage Lane at Hayes Street. Staff recommends the formation of Maintenance District No. TS-6, (E. Brundage, Hayes), generally bounded by E. Brundage Lane on the north, the Union Pacific Railroad on the east, Highway 58 on the south and a line 1400 feet west of Cottonwood Road on the west. On September 28, 1994, the City Council approved Resolution 161-94 which provides for the collection of maintenance and operating costs for future "convenience" traffic signals through maintenance districts. The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcels. This maintenance district will be a separate district and will not be merged into the Consolidated Maintenance District. The City of Bakersfield has received a letter and Proposition 218 Ballot from the chairman of the board of trustees of the St John Missionary Baptist Church, owner of the parcels within the proposed district, which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the formation of the district. In order to provide future owners with disclosure regarding the proposed maintenance district a covenant has been drafted and will be supplied to the subdividedowner to be recorded with the Parcel Map. A copy of this covenant is attached for reference. Ivd August 14, 2001, 11:29am G:\G ROU P DA'I~ADMIN RPT',2001~Aug22~TS-6Roi01 .v43<:1 ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD //~) SUBJECT: CITY MANAGER Resolution of Intention No. 1251 to order the vacation of 1st Street between Chester Avenue and EyeStreet. (Ward2) (A]bert. son~$ Harket. Sit. e) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Porter-Robertson Engineering, Inc. has requested vacation of 1st Street between Chester Avenue and Eye Street on behalf of Interstate Properties, Inc. to provide for a new Albertson's Market site. The development area will extend from north of 1st Street to Brundage Lane and from Chester Avenue to Eye Street. The proposed building location is on the north side of 1st Street and will encroach into the north portion of vacated 1st Street. The utility companies servicing the area have all been notified of the proposed closing by mail. PG&E, Pacific Bell and California Water Service Co. have indicated they have existing facilities in the street right of way. All have indicated they will not object to the vacation if the developer satisfactorily relocates their facilities and/or an adequate easement is reserved for facilities that remain. The City Fire, Police, Public Works, Development Services and Economic Development Departments have been notified by memorandum and none have posted any objection to the closing. Public Works notes that there is an existing city sewer main in the street that requires reservation of an easement. Public Works shall receive written notice from those utilities requiring relocation, confirming that the developer has provided for relocation and that the utility company agrees to release easement rights. The proposed vacation was heard by the Planning Commission at its meeting of June 25, 2001, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. This Resolution sets the date of September 19, 2001, for public hearing on the proposed vacation. RonYoung:dns August 14, 2001, 3:57pm G:~GROUPDA3~,DMINRP'A2001~Aug22\Resolution 1251 Admin,',~4:x:l ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 14, 2001 CITY ATTORNEY ,_.7~'~ CITY MANAGER SUBJECT: Co-generation engine Emission/Performance System at Wastewater Treatment Plant 3: Resolution determining that modifications to the Co-generation engine Emission/Performance System at Wastewater Treatment Plant 3 cannot be accomplished through the usual bidding procedures and authorize the Finance Director to dispense with bidding therefor, not to exceed $41,287.98; Agreement with Combustion Compliance Corporation, $41,287.98, for the purchase and installation of equipment to modify the co-generation engine at Plant 3. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: A Co-generation Engine Emission/Performance System and accompanying accessories removes undesirable moisture and other components from the methane gas which is produced at Wastewater Plant 3. The gas is used to run a co-generation engine that produces electricity. When working properly the system produces approximately $400 per day in electrical power savings. Currently, the engine is shut down due to the excess moisture and other components in the methane gas. The current system is inadequately scrubbing the methane gas which has led to more frequent costly engine overhauls and intermittent failure to meet air emission requirements. As a result, the system needs to be modified. This item will be funded by the Fiscal Year 2001-02 Operating Budget. Combustion Compliance Corporation installed the existing Co-generation engine emission/performance system and the proposed system modifications cannot be reasonably accomplished by another vendor because of the unique design of the existing equipment and materials in place. Combustion Compliance Corporation has a yearly maintenance contract for the existing engine emission/performance system and would be responsible for maintaining the proposed modifications. OADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar TEM: 8. ~:. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 13, 2001 Resolution Adopting the Investment Policy of the City APPROVED DEPARTMENT HE~ CITY MANAGER(~..,T~ RECOMMENDATION: Budget & Finance Committee recommends adoption of the Resolution. BACKGROUND: This Resolution places the City in conformance with California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. A council member requested that staff participate in the investment Policy Certification Program offered by the Municipal Treasurer's Association of the United States and Canada (MTA US&C). The Association provides a model investment policy that gives guidance and assistance in developing or improving existing investment policies in the public sector. Staff has rewritten the City's Investment Policy in the format of MTA US&C's model policy in order to qualify it for certification. Authorized investments and percentage limitations have not changed from the current policy. The rewritten policy was discussed at the Budget and Finance Committee meeting on August 2, 2001. The committee approved submitting the policy to the Council for adoption. After the policy is adopted, staff will apply for certification. S 5KimG\BillL~.dmin - ResolInvrnntPolicy.wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager August 8, 2001 APPROVED DEPARTMENTHEAD (~'~ CITY ATrORNEY CITY MANAGER Resolution establishing Council policy for cable broadcast of public meetings. RECOMMENDATION: The Budget and Finance Committee recommends adoption of the resolution. BACKGROUND: Counciimember David Couch asked staff to develop a policy regarding the broadcast of public meetings in the City Council Chambers. Staff prepared a draft policy which was reviewed by the Budget and Finance Committee at its August 2"d meeting. The policy included the following recommendations: Requests to schedule a meeting for broadcast should be submitted at least one week prior to broadcast date. Parties requesting use of video or computer equipment must provide that material to the City at least three days prior to the meeting. 3. Because of limited broadcast slots available on KGOV for "special" meetings, City-sponsored meetings would have priority over those requested by other governmental agencies or organizations. 4. Because of limited broadcast slots available on KGOV, there would be no guarantee of live broadcast. Re-broadcast of "special" meetings would be scheduled in order of request. Because there are considerable costs associated with televised meetings, a cost recovery charge would be created and assessed to agencies or groups other than the City of Bakersfield. Costs include staff time for Telecommunications, Clerk, Management Information Systems, and Police Department, including overtime. Regular and special meetings of the City Council, Planning Commission, Board of Zoning Adjustment, and Redevelopment Agency would take priority over other "special" meetings requested to be broadcast in the Council Chambers. The Committee discussed the proposed policy and recommends that a resolution implementing the policy be adopted by the City Council. August 9, 2001, 8:39am S:~JOH N~admin-cable-policy.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Consent ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager August 14, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ClTY MANAGER ~ Resolution setting salaries and related benefits for officers of the General Superivisory, Police Supervisory and Management Units RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This resolution sets the salaries and other related benefits for the employees of the General Supervisory, Pdlice Supervisory and Management Units. This resolution sets the salary increases for the three referenced units for the years 2002, 2003, and 2004. The increases are four percent (4%) in 2002, four percent (4%) in 2003 and five percent (5%) in 2004 for the General Supervisory and Management Units. The Police Supervisory increases are four pement (4%) in 2002, three percent (3%) in 2003 and five percent (5%) in 2004. In addition, this resolution changes the amount of vacation accrual allowed from 2 years to three years and nine (9) days, changes the match on deferred compensation from $1.00 for every $2.00 the employee contribuies to a one for one match and allows for an increase in the maximum amount the City will match. Along with these changes, there is a change for General Supervisory and Management Unit employees in the amount of sick leave payoff to decrease the years of employment necessary for payoff to five years and to increase the amount of payoff to 75%. A further change is that Employer Paid Member Contributions (EPMC) to PERS shall be reported as salary earnings for retirement credit for all Management, General Supervisory and Police Supervisory Unit employees beginning January 1, 2003. Also in the area of retirement, there is agreement that if California state retirement law changes for Miscellaneous employees, prior to the expiration of this resolution, changing potential benefits for Miscellaneous employees, the City will reopen negotiations on the subject of retirement changes only, with the City assuming no obligation for additional costs in this area. ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerk ~ ¢~. DEPARTMENT HEAD DATE: August 10, 2001 CITY ATFORNEY CITY MANAGER SUBJECT: Amendment No. I to Resolution No. 146-00 of the Council of the City of Bakersfield revising the Dates of Regular Meetings of the Council during the month of October, 2001. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Resolution No. 146-00 set the dates of Regular City Council Meetings, the Joint City/County Meetings, Budget Hearings and Department Presentations for calendar year 2001. In order to accommodate various schedules, it is recommended that the Regular Council Meeting set for October 10, 2001, be rescheduled to October 3, 2001. The next regular meeting will be held on October 24~ as scheduled. Adopting the amended resolution will accomplish this change. August 10, 2001, 5:11pm S:\Council~admins\Council Calendar revision 82201.wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: TEM: 8. j. Consent Calendar TO: FROM: DATE: SUBJECT: (1) (2) (3) Honorable Mayor and City Council Raul M. Rojas, Public Works Director Aug 6; 2001 Tract Maps/Improvement Agreements: APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Final Map and Improvement Agreement with Kyle Carter Homes, Inc. a California Corporation, for Tract 6003 Phase 1 located south of Krebs Road and east of Fruitvale Avenue. (Ward 4) Final Map and Improvement Agreement with Kyle Carter Homes, Inc., for Tract 6013 Phase 1 located north of Hageman Road and east of Fruitvale Avenue. (Ward4) Improvement Agreement with Castle & Cooke Commercial-CA, Inc,.for Parcel Map 10465 located south of Pacheco Road and west of Gosford Road. (Ward 6) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. August 6, 2001.3:22pm G:\GROUPDAT~ADMINRPT~2001 ~,ug22\MAPS&IMPAGR.wpd TD ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director August 13, 2001 APPROVED DEPARTMENT HEAD ."~--~ - CITY ATTORNEY ~ CITY MANAGER ~ Agreement between the City of Bakersfield and Kern River Partner, LLC for Dedication and Reservation of Real Property located at the southwest corner of Highway 178 and Miramonte Drive. (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On October 21, 1993, the Planning Commission conditionally approved Tentative Tract 5656 on 193.68 acres, consisting of 180 lots for single family residential development and 5 large lots for further subdivision located at the southwest corner of Highway 178 and Miramonte Drive In accordance with Bakersfield Municipal Code Chapter 15.80, the Subdivder (Kern River Partners), is required to provide for park land for Tract 5656 and has identified an approximate 5.25-acre site as a neighborhood park, located on Lot 181 of Tentative Tract 5656, which would serve the residents of Tract 5656. The attached Agreement provides for the Subdivider to dedicate 2.75 net acres of real property located on the west side of Miramonte Drive, and to reserve 2.5 net acres of real property adjacent to the dedicated 2.75 net acres in order to provide a 5.25 acre park site. The Agreement places a value on the reserved property at Ten Thousand Dollars ($10,000.00) per acre for a total of Twenty-five Thousand Dollars ($25,000.00) and gives the City an opportunity to purchase the reserved property when the improvements on the development are completed. VG:alj S:\COUNCIL~Admins\Tract5656.wpd AU22RC.CC ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o !. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director Augustg, 2001 DEPARTMENT HEAD CITY A'FI'ORNEY CITY MANAGER Agreement with Friendship House Community Center (FHCC) for $35,000 of Community Development Block Grant Funds to rehabilitate the Recreation Center and Classroom located at 2424 Cottonwood Road. (WARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield Action Plans for FY99 and FY95, approved by the City Council, allocated $35,000 (plus $1,038 direct delivery) in CDBG funds to rehabilitate FHCC. The center is in need of overall rehabilitation, but funds are limited. The items to be covered by this agreement include renovation of the HVAC and irrigation systems, conversion of an existing building into a classroom, and rehabilitation of a restroom. These improvements will allow FHCC to continue to provide services to the community while they acquire funds to expand the facility and its operations. FHCC is located at 2424 Cottonwood Road in southeast Bakersfield. FHCC has a 40-year history of providing needed services to the residents of southeast Bakersfield. The primary purposes of FHCC are to help farm workers and other Iow income people in the Carversville-Crystal Heights area of Bakersfield to help themselves, and to aid them in meeting their social, educational, cultural, spiritual, and economic needs, and to provide a program of leadership education, group work service, counseling, and community organization to encourage individuals to grow to their fullest potential. Currently, FHCC provides educational services, food and housing referral services, and recreational and social outings for the Iow income children and adults of southeast Bakersfield. DIk:S:~Admins\friendship house.wpd August 10, 2001, 9:55am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. m. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 8, 2001 APPROVED DEPARTMENT HEAD ~--5~ CITY ATTO R N EY~.~. ~,.._._ ) CITY MANAGER ~ SUBJECT: Agreement with Kern County Hispanic Chamber of Commerce, a non-profit organization, to purchase two (2) surplus computers from the City for $1.00 each for a total of $2.00. RECOMMENDATION: Staff recommends sale of surplus computers. BACKGROUND: The Finance Director has received a request from the Kern County Hispanic Chamber of Commerce to buy two (2) surplus, used computers. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims. P:~ADMIN~2001ADMIN\C01_0822B.wpd GJK:DW:Ijm August 8, 2001, 8:55arn ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 10, 2001 APPROVED CITY ATIORNE¥ ~T.~ Cl~ MANAGER ~ Entry Monument Signs: Ground Lease Agreement at Kern Delta Park located on the east side of State Route 99 between McKee Road and Panama Road. (Outside City Limits) RECOMMENDATION: Staff recommends execution of the "Ground Lease Agreement at Kern Delta Park". This includes acceptance of new lease agreement and execution of agreement with the County of Kern. BACKGROUND: The City of Bakersfield desires to construct one of the two approved Entry Monument Signs along the eastern side of State Route 99, just south of McKee Road. The land where the sign is to be placed is owned by the County of Kern. The County of Kern acquired this parcel of land in 1955 as a future park site. The inclusion of the Entry Monument Sign in this parcel will fit in and enhance any future park the County of Kern constructs on this parcel. All costs to construct the Entry Monument Sign and appurtenant structures, sign maintenance, and utilities will be incurred by the City of Bakersfield. The contract to construct the Entry Monument Signs was awarded by the City Council at the March 28, 2001 meeting. jcu August 10. 2001. 11:46AM S:\PROJECTS\Jcu~2000-2001\Sign Monuments~,dminR eport_Lease.wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 14, 2001 APPROVED DEPARTMENT HEAD ~ ClTY ATI'ORNEY ClTY MANAGER Developer Reimbursement Agreements for Street Reconstruction: Reimbursement Agreement with Castle & Cooke California, Inc. for reconstruction of existing pavement on the south side of Brimhall Road between Allen Road and Jewetta Avenue ($34,646). (Ward 4) Reimbursement Agreement with Castle & Cooke California, Inc. for reconstruction of existing pavement along the west side of Gosford Road between Pacheco Road and Harris Road ($115,939). (Ward 4) RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: In the course of it's development, Castle & Cooke was widening both Gosford Road and Bdmhall Road with 2 additional lanes. The existing single lane had deteriorated well beyond our ability to merely overlay the roadway. The City approached Castle & Cooke and asked if they would consider reconstructing the one lane that is the City's responsibility along with their construction work-and accept payment for this work through a reimbursement arrangement. It was determined that combining these effods would not only save money due to the economy of scale but would also minimize traffic disruptions for the traveling public. These Reimbursement Agreements will be funded with existing budgeted funds for street maintenance; therefore, no additional appropriation is necessary. JRL:dns August 14, 2001, 11:16am G:\GROUPDA'RADMINRP'~2001~Aug22\Reimbursement Agmt C&C.~:x:l ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8 o p. TO: FROM: DATE: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director August 11, 2001 APPROVED DEPARTMENT HEAD ~" CI'I'~ArrORNEY~(~ CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 99-214 with Green Gardens and Golden Empire Affordable Housing, Inc. for the assignment of a 90 unit affordable multi-family housing project located at 2300 South Union Avenue. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In 1999, the City budgeted approximately $140,000 in infrastructure improvements using a combination of CDBG and HOME funds to benefit an affordable multi-family housing project located at 2300 South Union Avenue (the northeast corner of Union Avenue and White Lane). The project was developed by Green Gardens, LLC, a California corporation. The total project involved 7.3 acres, substantial rehabilitation, and re-use of two existing structures (a vacant motel) for 90 SRO affordable housing units. The housing units benefit Iow income single, homeless, and disabled persons. Construction was completed last year and tenancy occupation is near capacity. The City's contract contains covenants and conditions regarding the use of the property during the twenty year affordability period. Green Gardens has requested an Assignment from the City approving the transfer of the property to Golden Empire Affordable Housing, Inc. (GEAHI), a California non-profit, public-benefit corporation. For the transfer of the Green Gardens property to occur without repayment to the City, an Assignment needs to be approved by the Council. As a condition of the City's approval of the property transfer, GEAHI needs to assume all the rights and obligations of Green Gardens under City Agreement No. 99-214 and its Amendment No. 1 to Agreement No. 99-214. The attached Assignment has been reviewed and approved by GEAHI and Green Gardens. This Assignment Agreement contains no financial changes to City Agreement No. 99-214 or Amendment No. 1 to Agreement No. 99-214. DIk:S:~Admins~Assignml green garden.wpd August 7, 2001, 11:48am ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 I ITEM: 8.q. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 1, 2001 APPROVED DEPARTMENT HEAD ~t~ , CITY MANAGER Amendment No.2 ($4,400) to Consultanrs Agreement No. 00-287 with RBF Consulting for Environmental Consulting on the White Lane / Highway 99 Interchange Reconstruction Project. (Ward 7) RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: During recent consultations with Caltrans, additional acoustical analysis was requested that were not anticipated in the original scope of work of Agreement 00-287. The original acoustical work was done on the Smoke Tree Mobile Home Park. Caltrans now wants the analysis expanded to included the two motel sites adjacent to and north of the Smoke Tree site. This Amendment is necessary to pay the Consultant for the additional services required by Caltrans that will be performed under this revised scope of work, Amendment No. 2 adds $4,400 to the total compensation amount, bringing the total contract amount to $86,144. Sufficient funds are available within this project's budget. (Dgw) August 1, 2001.9:17am S:\PROJECTS~DGW2000-01\White-99~AMENDMENT 02 ADMIN REPORT.v,43d ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, PublicWorks Director August10,2001 DEPARTMENT HEAD~ "~ CITY ATTORNEY CITY MANAGER Amendment No. 1 to Agreement No. PW 00-109 with Ross-Campbell, Inc. to include radio advertisements into the scope of services (Increase of $7,248.78). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Agreement No. PW 00-109 provided for the Contractor (Ross-Campbell, Inc.) to develop brochures and print items for the purpose of educating the public on the City's Used Oil Recycling Program. This new Program is fully funded by state block grants. Subsequent to implementation of this agreement, it became necessary to use the Contractor to develop a radio advertising program, again with the goal of enhancing public awareness. Staff recommends that the existing agreement be amended to include these services. Adding these requirements to the original Agreement changes the level of compensation from $20,000 to $27,248.78, which exceeds the $25,000 department-level contract limit. Since the used oil recycling program is entirely funded by a state block grant, this amendment will have no fiscal impact on the Solid Waste Division's budget. PE: urs G:\GROUPDAT~ADMINRP3~2.001~Aug22~oil adrnin report rosscarnpbell.wpd August 10, 2001, ~1:45am ADMINISTRATIVE REPORT I MEETING DATE: August 22, 2001 I AGENDA SECTION: I I ITEM: 8. $. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director August 9, 2001 DEPARTMENT HEAD<:~ CITY ATTORNEY ClTYMANAGER Accept bid to award contract to Martha Bowers, Inc. Dba BCI, in the amount of $220,535 for the construction of Gwendolyn Street Area Sewers. (Ward 7) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of constructing a new sewer system complete with sewer mains, manholes and laterals in the following streets: Gwendolyn Street, Clam Court, Teresa Way, Carlita Court and Fairview Road. Sewer laterals will extend to street right-of-way only, and it will be the responsibility of the homeowner to connect the laterals to the residences, abandon the septic tanks and pay for any connection fees and permits necessary to perform the work. With this project, sewer service will be available to an established neighborhood currently without sewers. This project is budgeted within the 2001-2002 fiscal year Capital Improvement Program and is to be funded with Community Development Block Grant (CDBG) funds. The Engineer's Estimate for the work is $230,800. Four (4) acceptable bids were received on Tuesday, August 7, 2001as listed below: Martha Bower, Inc. dba BCl 5437 Adolphus Avenue Bakersfield, CA 93308 (County) In the amount of $220,535.00 HPS Mechanical, Inc. 401 34~h Street Bakersfield, CA 93301 (City) In the amount of $278,612.00 W. M. Lyles Company 1210 W. Olive Avenue Fresno, CA 93744 (Out of Town) In the amount of $283,154.00 K. M. Scrivner 9900 Cody Street Coalinga, CA 93210 (Out of Town) In the amount of $474,842.00 August 9, 2001,2:51pm G:\G R O U P DAT\ADMIN R PT~2001~Aug22~wendolynsewers2.wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. t. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 10, 2001 APPROVED DEPARTMENT HEAD.,~ ~,~' CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Accept bid from Rehrig Pacific Company $112,029, for 2400 refuse and greenwaste containers for the Solid Waste Division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to five (5) vendors. Two (2) bids, meeting minimum specifications, were received as follows: Rehrig Pacific Company 4010 East 126~h Street Los Angeles, CA 90023 in the amount of Toter, Incorporated 841 Meacham Road Statesville, NC 28677 in the amount of $112,029.00 $114,115.50 P:~ADMIN~001ADMIN\C01_0822E.wpd GJK:DW:Ijm August 10, 2001, 10:51arn ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. u o TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 8, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CiTY MANAGER SUBJECT: Acceptbidfrom SC Communications, lncorporated,$96,187.92, for125 Motorola Radios and accessories. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: follows: Invitations to bid were sent to eight (8) vendors. Three (3) bids were received, as SC Communications, Incorporated 5303 Woodmere Drive Bakersfield, CA 93312 (City) in the amount of $96,187.92 J's Communications 7555 North Del Mar Avenue #202 Fresno, CA 93711 in the amount of $101,301.84 Lagorio Communications 3131 Pegasus Drive Bakersfield, CA 93308 (County) in the amount of $103,295.66 P:~ADMIN~2001ADMIN\C01_0822A.wpd GJK:DW:Ijm August 8, 2001, 8:39am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.¥. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 10, 2001 APPROVED DEPARTMENT HEAD. CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Extend bid from Gibbs Truck Centers $88,709.42, for one (1) additional Three Axle Dump Truck for the Street Maintenance Division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the Council meeting of April 11, 2001, Gibbs Truck Centers was awarded the bid for the purchase of dump trucks. The specifications included a provision, whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Gibbs Truck Centers has indicated their approval of extending the same per unit cost for this purchase. P:~,DMIN~001ADMIN\C01_0822C.wpd GJK:DW:Ijm August 10, 2001, 9:36am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD/~ DATE: August 10, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Extend bid from Central Valley Truck Center $240,994, for two (2) Refuse Trucks, one (1) additional front end loader and one (1) replacement roll-off~ for the Solid Waste Division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the Council meeting of June 14, 2000, Central Valley Truck Center was awarded the bid for the purchase of refuse trucks. The specifications included a provision, whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Central Valley Truck Center has indicated their approval of extending the same per unit cost for this purchase. P:~ADMIN~2001ADMIN\C01_0822D.wpd GJK:DW:Ijm August 10, 2001, 9:41am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bob Trammell, MIS Director August 15, 2001 APPROVED DEPARTMENT HEAD , ./'~--' _/~ CITY MANAGER Accept Bids from IBM Direct and Stutz Associates to purchase personal computers, monitors and miscellaneous equipment (not to exceed $350,000) RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: The 2001-2002 City Council adopted budget allows replacement of computer equipment from the equipment management fund. Staff has conducted a formal bid to obtain the lowest prices for these computers and the bid opening was August 15, 2001. Pricing was requested on a "not to exceed" per unit basis for various models currently available, thus allowing staff to negotiate for lower prices over the period of the award, should prices drop. It is anticipated that the actual purchase of these systems will be spread over 4-5 months and each purchase order will be subject to a lower negotiated price. Bids were received from seventeen (17) vendors. Staff requests the award be split per unit as follows: IBM Direct PO Box 945684 Atlanta, GA 30394 IBM NetVista X40 (p/n 664333U) $1379.00 64 MB 133MHz NP SDRAM DIMM (p/n 33L3071) $20.93 IBM 3 Yr onsite warranty p/n (30L9199) $99.00 IBM PCI Fast/Wide SCSI Adapter (p/n 30L9199) $244.79 Stutz Associates 22 Merill Drive Palm Desert, CA 92260 IBM NetVista A60 (p/n 683372U) $1599.00 IBM NVIDIA Adapter (p/n 00N8066) $160.00 IBM 512MB ECC RDRAM DIMM (p/n 33L3254) $429.00 ViewSonic 21" Color Monitor (p/n VCDTS21577-1M) $720.00 August 15, 2001,3:45PM P:\DOCUMENT~COUNCIL~Admin Report for Personal Computers - Aug 2001.wpd ADMINISTRATIVE MEETING DATE: August 22, 2001 REPORT I ITEM: 8.y. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 14, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept fire insurance settlement from Chubb and Sons, in the amount of $293,236 for fire damage to the Bakersfield Municipal Airport Restaurant. (Ward 1) RECOMMENDATION: Staff recommends accepting the offer from Chubb and Sons. BACKGROUND: On December 12, 2000, a fire occurred in the restaurant facility at the Bakersfield MunicipalAirport. Thefirecaused significantdamagetothestructure. The restaurant facilityexistedwhen the Airport was originally purchased in 1985. The building is comprised of the odginal structure and at least two additions, and does not accommodate modern restaurant facility needs. A restaurant has been operated by several private individuals since the City purchased it. It has commonly been the case that our restaurant tenants had difficulties in meeting their financial obligations. The most recent operator had an account balance owing of nearly $11,000. The previous operator had aan account balance exceeding $9,000. Repairing the existing 5,300 sq. ft. structure is estimated to cost a maximum of $343,007; constructing a smaller 3,500 sq-ft structure is estimated to cost up to $380,000. These options require the City to secure a restaurant operator. The tenant would likely need to provide all or some restaurant equipment at their cost. This would result in lease payment being reduced or even eliminated for a set time. Investing $343,007 to repair the existing structure, or up to $380,000 to build a new structure, is not good business practice, as the return on investment would likely exceed 40 years. Accepting the cash settlement means the funds, at 5% interest, would generate approximately $13,000 for the annual operating budget and be a more secure revenue source than the restaurant has proved to be. 88U: G:~G RO UPDAT~ADMINR PT~2001'~Aug22'~r po,'t Restaurant Ins Setflement.wpd August ~4. 2001.5:18pm ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. z. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: August 14, 2001 CITY A'R'ORNEY CITY MANAGER SUBJECT: Downtown Business and Property Owners Association (DBPOA) request for assumption of Banner Change-out Responsibilities and Debt. (WARD 2) RECOMMENDATION: Staff recommends refer to Budget and Finance Committee. BACKGROUND: On December 17, 1997, the DBPOA and the City Council entered into Agreement No. 97-345 regarding Banners on Chester Avenue. This agreement granted the DBPOA a nonexclusive license to hang a set of seasonal banners. These banners are a component of the original Chester Avenue Streetscape project and included four sets of seasonal banners totaling 384 banners, to be alternated four times a year. The agreement terminated one year after the streetscape completion May 18, 1998, unless both parties agreed to an extension. Although the one year term expired on May 18, 1999, no extension was requested and the DBPOA continued to hang, take down, store, and maintain the banners at no cost to the City. On August 8, 2001, staff received a letter from the DBPOA indicating that they would no longer be able to assume the duties related to maintaining the banner schedule. They had contracted the work out to a vendor and are currently in arrears in the amount of $1,760. The DBPOA also requested that the City assume this debt or provide them financial assistance to honor the obligation. DIk:S:~Adrnins\dba banner.wpd August 14, 2001, 11:26am ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager June 8, 2001 APPROVED DEPARTMENT HEAD ~(~ CITY A'I'rORNEY ~ Transfer of $50,000 from Council Contingency to the Non-Departmental Budget in the General Fund for a financial contribution to the Bakersfield Senior Center. (Ward 1) RECOMMENDATION: The Budget and Finance Committee recommends approval of the transfer and contribution to the Senior Center, and development of an ongoing plan for financial improvement with assistance from the City's Finance Department. BACKGROUND: Historically, the City Council has provided a variety of one-time and ongoing financial support for three non-profits, the Bakersfield Senior Center, Bakersfield Symphony Orchestra and Bakersfield Art Museum. In each of these cases, there has been a multi-year relationship with the entities involved. Two have been gifted the property they formerly leased. The Bakersfield Symphony receives funds annually to offset the rental cost of the Convention Center. At the Council meeting of June 13, 2001, the City Council reaffirmed the City's historic policy regarding financial contributions to be kept in place with the exception of these three entities, whose long-term relationship and involved financial history with the City make them unique. On June 27, 2001, the City Manager received a letter from the Executive Director of the Bakersfield Senior Center requesting an opportunity to appear before the Council or a Council Committee to appeal for financial assistance. The City Manager met with representatives from the Bakersfield Senior Center, at which time they stated their operation was having financial difficulty. They requested financial assistance of $50,000 to help pay past due debts they have incurred. The City Manager indicated he would need detailed financial information on the Bakersfield Senior Center's financial condition to provide to the Budget and Finance Committee in order to proceed with another request for financial assistance, since the City had provided $25,000 to the Senior Center about six or seven months ago. The City Manager requested the financial information in advance of the next Budget and Finance Committee meeting. At the August 2, 2001 Budget and Finance Committee meeting, Mr. Lynn Edwards of the Bakersfield Senior Center provided an overview of the financial condition of the Senior Center. He explained that ninety-five percent of their participants meet "low-income" parameters, as established by State and federal governments. He explained their problems started about a year ago. Bingo used to be a huge fund-raiser for the Center JWS/al August '15, 2001, 4:58pm S:~Adrnin Rpts~001\Contingency Transfer BSC 082201.wpd ADMINISTRATIVE REPORT Page 2 and the funds were depended upon for operational expenses. Since gaming operations and casinos on Reservations were granted certain new gaming opportunities, they have expanded their Bingo operations and now give out large prizes, which attract players from Bakersfield. There are two Reservations within an hour and a half (Lemoore and Porterville) that send buses to Bakersfield every day to take patrons to their establishments free of charge. This has impacted all the non-profits in Bakersfield who depended on Bingo to raise funds, as they cannot compete. The Senior Center has a staff of 12. Two are paid and 10 are volunteers. Average daily attendance is 85 to 95 seniors. Lunch is served at the Center, but brought in by an outside agency. Average daily attendance for lunch is 75 to 80. There are two centers providing services to seniors within City boundaries: the Community House at 21't and R Streets and the Bakersfield Senior Center. There are also senior centers located in the unincorporated areas. The Senior Center's operating expenses are exceeding revenue and they need assistance to be able to stay open and keep providing services to seniors. They have also been impacted by increased utility rates. The Senior Center is projecting a loss for the period from July 1 to December 31,2001 of $17,142, and has long- term liabilities including salaries of $53,217, which they do not have funds to pay. The Center is requesting a contribution of $50,000 to help pay existing debt. There was discussion regarding the possibility of State and federal grants for senior services and assisting with grant writing, but these types of grants are actually outside the expertise of City staff. The Committee directed staff to check and see if there are CDBG funds that could be applied for as a long-term plan to assist the Senior Center. The Committee agreed senior programs are vital to our community and would like the City to help develop long-term funding options in support of these programs. They expressed that further financial data is needed and recommended staff from the City's Finance Department assist the Senior Center to review cash flow and debts with due dates to verify the expenditures and assist them in developing a realistic budget. Committee Chair Maggard stated the City should work with the Senior Center to objectively determine the deficit and how much funding needs to be from grants and how much needs to come from the City budget to make sure services are delivered to the seniors. This was agreeable with Mr. Edwards and members of the board present at the meeting. Subsequent to the Budget and Finance Committee meeting, the Finance Director reviewed the financial information provided by the Senior Center. He has prepared a report on the review of the Senior Center financial information which has been provided to the Council under separate cover. The Committee recommends a one-time contribution of $50,000 to the Bakersfield Senior Center be made from Council Contingency to address existing debt and development of an ongoing plan for financial improvement, with assistance from the City's Finance Department. Similar to other contributions recently made by the Council, staff will prepare an agreement with the Senior Center indicating the terms and conditions of the contribution and that payments will be made based on the review and approval by the City's Finance Director of documented and justifiable expenditures, and liabilities directly related to the operation of the Senior Center. JWS/al August 15, 2001, 4:58pm S:~drnin Rpts~2001\Contingency Transfer BSC 082201 .wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Hearings ITEM: 9.a. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 9, 2001 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER SUBJECT: Final Environmental Impact Report, General Plan Amendment/Zone Chanqe P00-0291 (Riverwalk Commercial Center) (Ward 4) Castle & Cooke California, Inc. is requesting (1) an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from OC (Office Commercial) to GC (General Commercial), (2) an amendment to the Kern River Plan Element by changing the land use map designation from 6.25 (Office Commercial) to 6.2 (General Commercial), and (3) zone change from C-0 (Professional and Administrative Office) to C-2 (Regional Commercial) on 32.89 acres, located west of Calloway Drive, between Stockdate Highway and the Kern River. 1) Resolution certifying the Final Environmental Impact Report for General Plan Amendment/Zone Change P00-0291. 2) Resolution adopting the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from OC (Office Commercial) to GC (General Commercial) on 32.89 acres. 3) Resolution adopting the amendment to the Kern River Plan Element by changing the land use map designation from 6.25 (Office Commercial) to 6.2 (General Commercial) on 32.89 acres. 4) Ordinance amending Title 17 of the Municipal Code and Zoning Maps 102-31 and 123- 06 from C-O to C-2 on 32.89 acres. RECOMMENDATION: Staff recommends adoption of the resolutions cer[ifying the Final Environmental Impact Report and approving the general plan amendment and first reading of the Ordinance and deny the appeal. BACKGROUND: The Planning Commission held a public hearing for GPA/ZC P00-0291 on June 28, 2001. The proposal under GPA/ZC P00-0291 is illustrated in Exhibits A, B, & C. The Planning Commission adopted resolutions recommending the certification of the Final Environmental Impact Report and August 14, 2001, 9:24am ADMINISTRATIVE REPORT Page 2 approval of the project with 59 conditions of approval. The proposed conditions of approval are attached in Exhibit D. The modifications and additions made bythe Planning Commission in response to concerns expressed by the public are identified in bold italics. Castle & Cooke, Inc. is proposing to develop approximately 300,000 square feet of commercial uses, such as retail shops, restaurants, and lodging, including a potential office building, on 32.89 acres located west of Calloway Drive, between Stockdale Highway and the Kern River. Castle & Cooke, Inc. has indicated that the commercial and office development will be consistent with the policies of the Kern River Plan Element, e.g., buildings will be located to create an attractive and harmonious relationship with surrounding development and the natural environment; landscaping with native vegetation will be provided along the levee bank; scenic views of the Kern River will not be obstructed; and access to the Kern River will be provided to the public. The proposed conditions of approval will ensure that such policies are met. The conditions also address all the issues that were identified by the Planning Commission. Pursuant to the provisions of the Kern River Plan Element, the Kern County Planning Commission and Kern County Board of Supervisors were formally requested to review the proposed amendment to the Kern River Plan Element under GPA P00-0291. The Kern County Planning Commission reviewed the proposal on September 14, 2000, and made a finding of consistency with the Kern River Plan Element and recommended that the Kern County Board of Supervisors concur. The Kern County Board of Supervisors reviewed the proposal on September 26, 2000, and concurred with the Planning Commission and forwarded a letter to the City of Bakersfield with a recommendation that the proposal is consistent with the Kern RJver Plan Element. An appeal by Ryan Oliver, 631 Faversham Way, Bakersfield, CA, 93311, was received on July 9, 2001, or eleven days after the Planning Commission's decision for GPA/ZC P00-0291. The appeal disputes that the proposed certification of the Final Environmental Impact Report is in compliance with CEQA, the CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures. However, the appeal does not provide any testimony or evidence on how or why the proposed certification of the Final Environmental Impact Report for GPNZC P00-0291 would not be in compliance with CEQA, the CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures. The appeal is attached in Exhibit E. A total of 1,600 signed petitions that support the proposal were submitted to the Planning Commission on June 28, 2001. In addition, there were more than 30 people in attendance that supported the proposal. Six people spoke in opposition to the project. The Draft Environmental impact Report was provided to your Council on March 26, 2001, and the responses to comments on August 2, 2001. WL (admin\aug\8-22-0291) August 14, 2001, 9:24am ADMINISTRATIVE REPORT JMEETING DATE: August 22, 2001 AGENDA SECTION: Hearings TEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 9, 2001 .AP, PRC~r,/E D DEPARTMENT HEA~ M "AOE"/ General Plan Amendment No. P00-0810 (Kyle Carter) (Ward 4) Kyle Carter Homes, Inc. is requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LR (Low Density Residential) to GC (General Commercial) on 10.81 acres, located south of Olive Drive and west of Highway 99, at the northwest corner of the Knudsen Drive and Hageman Road alignment. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LR (Low Density Residential) GC (General Commercial) on 10.81 acres. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The Planning Commission held a public hearing for GPA/ZC P00-0810 on June 28, 2001. The applicant, Kyle Carter Homes, Inc., requested an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LR (Low Density Residential - less than or equal to 7.26 dwelling units per net acre) to GC (General Commercial) on 10.81 acres and change the zoning from R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) on the same 10.81 acres. The purpose of the project was to remove any possible residential development within a half mile limit of Amber Chemical, which is located a half mile southeast of the project site. However, staff recommended denial of both the general plan amendment and zone change. Staff based its recommendation for denial on the following criteria: 1) regarding the use of 70% hydrogen peroxide, the Office of Environmental Services for the City of Bakersfield had determined that there was no technical justification for excluding residential development within a half mile of Amber Chemical, 2) policy number 19 of the Land Use Element of the Metropolitan Bakersfield 2010 General Plan does not encourage new commercial designations within a half mile of existing commercial designations, 3) there is land (14.48 acres) currently designated for (GC) General Commercial land use adjacent on the east side of the project site, and 4) the project was proposing a new commercial designation. August 14, 2001, 10:21am ADMINISTRATIVE REPORT Pa., 2 Amber Chemical had submitted information indicating that a half mile distance is the minimum the manufacturer will allow a 70% hydrogen peroxide handling facility to be located from residential uses (see Exhibit C). The issue identified by Amber Chemical was ?0% hydrogen peroxide explosive decomposition. However, the City of Bakersfield's Office of Environmental Services in the Fire Department determined that there was no tecl~nical justification for the half mile setback regarding the use of 70% hydrogen peroxide (see Exhibit D). The Planning Commission determined that the proposed GC (General Commercial) land use designation was appropriate for the project site. However, the Planning Commission denied the requested zone change. The Planning Commission determined that due to the configuration of the project site, the PCD (Planned Commercial Development) zone rather than the C-1 zone would ensure that future commercial development is more cohesive and adequately integrated with the adjacent residential and commercial land use designations. The applicant, Kyle Carter, agreed and indicated that he would at some future date apply for the PCD zone. The condition that the subject site shall be zoned PCD prior to issuance of any building permit was included with the recommendation for approving the general plan amendment. No appeal was submitted regarding the Planning Commission's decision to deny the requested zone change. Pursuant to Section 17.64.070 of the Zoning Ordinance, the Planning Commission's denial of a requested zone change is final and conclusive if no appeal is submitted. WL (admin\aug\8-22-0810) August14,2001,10:21am ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Hearings TEM: 9. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 9, 2001 CITY MANAGER General Plan Amendment No. P01-0163 (Ward 3) Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 7 acres of land located at the northeast corner of Alfred Harrell Highway and State Route 178. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The Planning Commission held a public hearing for GPA P01-0163 on June 28, 2001. The City of Bakersfield is the applicant for the proposal. The purpose of the project is to correct the existing land use designation for the project site (see Exhibit A). The general commercial site located at the northeast corner of Alfred Harrell Highway and State Route 178 was zoned C-2 in 1977 and is 19.54 acres in size (APN: 386-050-23 - see Exhibit B). The 7 acre project site was mistakenly designated LMR in 1990 (under the Metropolitan Bakersfield 2010 General Plan) while the remaining portion of the property was designated GC (General Commercial). The general commercial site and project site are currently zoned C-2 (see Exhibit C). The property owner of the project site (T,J. Lindgren) has submitted a letter indicating support for the proposal (see Exhibit D). This action is needed to bring conformity between the existing zoning and the land use designation. WL (admin\aug\8-22-0163) August 14, 2001, 9:33am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Hearings ITEM: 9.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 1, 2001 ~A~7OVED DEPARTMENT HEAD_~._~'~ General Plan Amendment/Zone Chan,qe No. P01-0223 (Ward 6) SmithTech USA has requested amendments to the Land use Element of the Metropolitan Bakersfield 2010 General Plan and a Zone Change on a site consisting of 28.41 acres located along the southwest corner off Pacheco Road and Old River Road. Resolution adopting the General Plan Amendment changing the land use designation from LR to HMR on 28.41 acres Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-19 changing the zoning from to R-1 (One-Family Dwelling) to R-2 (Limited Multiple-Family Dwelling) on 28.41 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment as recommended by the Planning Commission and first reading of the Ordinance. BACKGROUND: The Planning Commission conducted public hearings on June 25, 2001, and June 28, 2001, and recommended approval of the Negative Declaration, General Plan Amendment and the zone change. The project would allow multiple-family dwellings. Four-plex dwellings are proposed for the site. The primary issue raised during the hearing was that of Pacheco Road, between Stine Road and Buena Vista Road, being a local street and its potential use as a drag strip. Commissioners question safety of vehicles and passengers entering Pacheco Road from the subject site. Public Works provided a condition requiring the Pacheco Road alignment to be "discontinous in nature." Applicant and the Commission were satisfied with the condition. RED (admin~aug\8-22-0223) August 7, 2001, 1:48pm ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Hearings ITEM: 9. e o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 12, 2001 APPROVED DEPARTMENT HEAD//' CITY ATTORN EYe' / CITY MANAGER General Plan Amendment/Zone Chanqe P01-0224. (Ward 2) Interstate Properties has proposed a General Plan Amendment on two acres and an Ordinance amendment for approximately 4 acres for a grocery store, located generally north of Brundage Lane, between Chester Avenue and Eye Street. Resolution adopting the General Plan Amendment and Negative Declaration to change land use designation from HR (High Density Residential) to GC (General Commercial). Ordinance amending Title 17 of the Municipal Code and Zoning Map 103-31 from C-2 (Regional Commercial), C-O (Professional and Administrative Office) and R-3 (Limited Multiple Family Dwelling) to PCD (Planned Commercial Development). RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment as requested and first reading of the Ordinance. BACKGROUND: The Planning Commission held public hearings on this General Plan Amendment on June 25 and June 28, 2001. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. Proposed is a market for an area of Bakersfield in which the general public has identified the great need for this exact type of land use The project also will vacate the right-of-way of 1st Street. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on May 4, 2001, in accordance with CEQA. MO (admin\aug\8-8-0224) August 14, 2001, 4:13pm ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 IAGENDA SECTION: Hearings ITEM: 9. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 1, 2001 AFI~ROV. ED DEPARTMENTHEAD( /~~, CITY ATTORNEY ,~/'~ CITY MANAGER SUBJECT: General Plan Amendment/Zone Chanqe and RiverLakes Ranch Specific Plan Amendment No. P01-0227 (Ward 4) Project Design Consultants representing RiverLakes Land Development Co. has proposed a General Plan Amendment and an Ordinance amendment for approximately 75 acres, located generally south of Olive Drive, between Patton Way and Calloway Drive within ~'he RiverLakes Ranch Specific Plan area. Resolution adopting the General Plan Amendment to change land use designations to LMR at the southwest corner of RiverLakes and Olive Drives; to LMR (Low Medium Density Residential), HMR (High Medium Density Residential) and OC (Office Commercial); south of Hageman and RiverLakes Drives west of Coffee Road; and to LR, GC and LI east of Coffee Road north of Meany Avenue. Resolution adopting the RiverLakes Ranch Specific Plan Amendment to change land use designations to LMR at the southwest corner of RiverLakes and Olive Drives; to LMR, HMR and OC south of Hageman and RiverLakes Drives west of Coffee Road; and to LR, GC and LI east of Coffee north of Meany Avenue. Ordinance amending Title 17 of the Municipal Code and Zoning Maps 102-08, 102-17, 102-20 and 102-21 to R-2 (Limited Multiple Family Dwelling) at the southwest corner of RiverLakes and Olive Drives; to R-2 (Limited Multiple Family Dwelling) and C-O (Office Commercial) south of Hageman and RiverLakes Drives west of Coffee Road; and to R-1 (One Family Dwelling), C-2 (Commercial) and M-1 (Light Manufacturing) east of Coffee Road, north of Meany Avenue. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment and specific plan amendment as recommended by the Planning Commission and first reading of the Ordinance. August 9, 2001, 10:38am ADMINISTRATIVE REPORT Page 2 BACKGROUND: The Planning Commission held public hearings on this General Plan Amendment on June 25 and June 28, 2001. The Principal of Centennial High School spoke in opposition to allowing a higher density in the area east of the campus. The request was modified by the applicant to only permit the same number of dwelling units as is currently permitted within the areas bounded by RiverLakes Drive, Coffee Road and Hageman Road. The Planning Commission recommendation "spreads" some of the density permitted in the existing R-3 area adjacent to RiverLakes Drive across the whole site. This recommendation appears to have the least impacts (it significantly reduces the number of dwelling units originally requested) on the school. The applicant modified the original request to alleviate concerns raised at and prior to the public hearings. The applicant agrees with the Planning Commission recommendation. Staff conducted an initial study and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on May 4, 2001, in accordance with CEQA. MO (admin~aug\8-22-0227) August 9, 2001, 10:38am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Hearings ITEM: 9 ~ g o TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 9, 2001 APPROVED DEP~TMENTHE~// CITY ATTORN,~i/ ~/'~' CITY MANAGER ~ SUBJECT: General Plan Amendment/Zone Chanqe P01-0228 and appeal of the Planninq Commission recommendation. (Ward 4) SMITHTECH/USA has applied to amend the Land use Element of the Metropolitan Bakersfield 2010 General Plan and zoning on a 157.17 acre site generally located between Snow Road, Reina Road, Jewetta Avenue and Allen Road. Resolution adopting the General Plan Amendment and Negative Declaration to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 147.14 acres and from R-IA to HMR (High Medium Density) on 10.03 acres. Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 101-12 from E (Estate One-Family Dwelling) to R-1 (OneFamily Dwelling) on 69.22 acres, to R-1 CH (One-Family Dwelling Church) on 10.80 acres, from A (Agriculture) to R-1 on 67.12 acres and to R-2 (Limited Multiple Dwelling) on10.03 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, General Plan Amendment, first reading of the ordinance and deny the appeal. BACKGROUND: The Planning Commission conducted a public hearing on June 28, 2001 and recommended approval of the Negative Declaration, General Plan Amendment and the zone change. The project is primarily single-family dwellings with sites for multiple-family dwellings and a church. On July 9, 2001, the Commission's decision was appealed by three property owners (Robert L. Mann, 12150, Snow Road; Judy Fritch, 12200 Snow Road; and Larry Morris, 12322 Snow Road). Appellants live directly north of the subject site along the north side of Snow Road. Reasons were not given for appealing the Commission's decision. The primary issue raised during the hearing was the proposed multiple-family residential site on the south side of Snow Road, a major arterial. August 14, 2001, 4:11pm ADMINISTRATIVE REPORT Page 2 Several issues were voiced by property owners and Planning Commissioners in regard to the differences in lot sizes and density between the existing large lots north of Snow Road and the multiple-family residential proposed along the south side of Snow Road. The Planning Commission approved staff's recommendation (with a 4 to 3 vote), which was to approve the HMR and R-2 zoning as requested. The Commissioners voting in opposition to the project stated they would support R-1 zoning on the property. The City Council could approve the multiple family request or deny the request and approve it as R-1. The Council could also require tiering of lot sizes with larger lots backing up to the south side of Snow Road. The tiering concept has been used south of Bdmhall Road between Jewetta and Allen Road and south of Johnson Road west of Renfro Road. In this particular instance, an arterial road (Snow Road) and a canal would provide about a 165 foot separation from the uses north of Snow Road to the uses south of Snow Road. It should be noted that just east of the project site, the County has approved a subdivision consisting of 11,500 square foot lots across from large lots on Snow Road. The property located east of the subject site along the west side of the Jewetta Avenue-Kratzmeyer Road intersection has been subdivided. Single-family dwellings are under construction. RED (admin\au9\8-22-0228) August 14, 2001, 4:11pm ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 IAGENDA SECTION: Hearings ITEM: 9. h. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 12, 2001 APPROVED DEPARTMENT HA~? CITYATTORN / CITY MANAGER ~ SUBJECT: General Plan Amendment No. P01-0285. City of Bakersfield has applied to amend the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes to the City's Land Use and Kern River Plan Element maps to achieve consistency with the Kern County Board of Supervisors' approved amendments from September 1999 to December 2000. These amendments are two separate sites located within the County jurisdiction of the Metropolitan Bakersfield 2010 General Plan. (County Jurisdiction) RECOMMENDATION: Staff recommends adoption of resolution approving the amendments to the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. BACKGROUND: The Planning Commission held public hearings on this general plan amendment on June 25, and June 28, 2001. The Planning Commission recommended approval and a Negative Declaration on June 28, 2001. The Metropolitan Bakersfield 2010 General Plan was adopted by the City and County in March, 1990. Since that time, both the Board of Supervisors and City Council have approved a number of amendments to the Plan's elements (Text and Maps). A series of consistency amendments has been considered by the City since 1990, and are periodically necessa~ in order to retain consistent Land Use Element and Kern River Plan Element maps between the County of Kern and the City of Bakersfield. The location for the project is: (1) south of Brimhall Road, 1/4 mile east of Renfro Road and (2) generally north of the Kern River, approximately one mile east of Manor Street. The General Plan Amendment is a formal acknowledgment of various County Board of Supervisors approved amendments to the 2010 Plan's Land Use Element and Kern River Plan Element maps from September 1999 to December 2000. These designation changes are located at two sites under County jurisdiction and within the Metropolitan Bakersfield 2010 General Plan. Amendments include a change to the Land Use Element and a change to Kern River Plan Element. No one spoke in opposition to the proposed amendments at the Planning Commission hearing. July 13, 2001, 9:12am ADMINISTRATIVE REPORT Page 2 Staff has determined that this project is exempt from CEQA. Proposed amendments achieve consistency with the County's previously approved amendments to the County Land Use and Kern River Plan Element maps. These amendments do not have any potential to cause significant environmental impacts. As these changes have already occurred, this is a map change only. A Notice of Exemption has been completed for the project. Environmental reviews were prepared by the County for each specific Land Use Element and Kern River Plan Element amendment. MO (admin~aug~8-22-0285) July 13, 2001, 9:12arn ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Hearings ITEM: 9. !. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 9, 2001 ~A~.~J3VED DEPARTMENT H~ General Plan Amendment/Zone Chan,qe No. P01-0307 (Ward 6) The Lusich Company, Inc. has requested to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from GC (General Commercial) to LR (Low Density Residential) on 8.560 acres and LR (Low Density Residential) to GC (General Commercial) on 8.562 acres and change the zoning from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 8.560 acres and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 8.562 acres located at the northeast corner of Buena Vista Avenue and Panama Lane. 1) Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from GC (General Commercial) to LR (Low Density Residential) on 8.560 acres and LR (Low Density Residential) to GC (General Commercial) on 8.562 acres. 2) An Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 8.560 acres and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 8.562 acres. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Staff recommends adoption of the resolution approving the general plan amendment and first reading of the Ordinance. The Planning Commission held a public hearing for GPA/ZC P01-0302 on June 28, 2001. The proposal is illustrated in Exhibits A & B. The purpose of the project is to reconfigure the existing commercial frontage from Buena Vista Road to Panama Lane. The proposal would increase the depth of the commercial designation while maintaining the same acreage. The applicant reported that the reconfiguration would make the 20 acre commercial parcel more marketable. August 9, 2001.9:47am ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 6, 2001 I ITEM: 11.a. AGENDA SECTION: Deferred Business APPROVED DEPARTMENT HEA~ CITY ATTORNE/ ~ CITY MANAGER ~ SUBJECT: An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 102-34 by changing the zoning from a Planned Commercial Development (PCD) zone to a revised Planned Commercial Development (PCD) zone on 16.75 acres located on the north side of Stockdale Highway, east of California Avenue (#P01-0377) (Ward 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on August 8, 2001. On June 28, 2001, the Planning Commission adopted Resolution No. 75-01 recommending adoption of the ordinance approving Zone Change No. PO 1-0377. Porter Robertson Engineering, representing American Real Estate Holding, property owner, has applied to change the zoning on 16.75 acres from a Planned Commercial Development (PCD) zone to a revised Planned Commercial Development (PCD) zone. The project site is generally located the northeast corner of Stockdale Highway and California Avenue. The applicant is requesting the change in zone to allow for development of the second phase (Phase II) of the Ralphs shopping center. Phase II covers the undeveloped eastern 6.8 acres of the 16.75 acre shopping center. The requested increase of 6,462 square feet for Phase II results in increasing the total building square footage for the entire shopping center from 135,710 to 142,172. Building square footage in Phase II would increase from 67,200 to 73,662 square feet. The reconfiguration of the building footprint is a change from one large "big box" building into two smaller "big box" footprints. There are 1,062 parking spaces proposed for the entire shopping center (including Krispy Kreme because of reciprocal parking requirement). Ordinance requires a minimum of 836 parking spaces for the center. The applicant states that the changes are needed to meet tenant demands. The center exceeds the minimum parking requirement by 226 spaces. No one spoke in opposition to the request at the Planning Commission hearing. August 6, 2001, 11:03am ADMINISTRATIVE REPORT The project site is designated as General Commercial on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. The proposed Planned Commercial Development (PCD) zone is consistent with the GC designation. A Negative Declaration was adopted with Zone Change #5516, which is the original zone change approving the shopping center, JENG P:~admin~200 l~Aug\8-22-0377.wpd August 6, 2001, 11:03am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Deferred Business ITEM: l!.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 9, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER An ordinance adding Chapter 8.58 of the Bakersfield Municipal Code relating to tobacco use prevention and self-service displays RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the ordinance. BACKGROUND: The issue of tobacco self-service displays was before the Legislative and Litigation Committee ("Committee") on August 20, 1998 and again on September 17, 1998. The Committee considered an ordinance banning self-services tobacco displays from stores within City limits. Because there were several cases pending throughout the United States governing tobacco sales, advertising and related issues, the Committee thought it best to proceed with a resolution encouraging the voluntary ban on self-service tobacco displays rather than an ordinance. Such a resolution was adopted by Council on October 7, 1998. At this time, the Committee desires to go forward with an ordinance prohibiting self-service tobacco displays. Such an ordinance is permissible under the recent U.S. Supreme Court decision of Lorillard Tobacco Co., et al. v. Reilly, Attorney General of Massachusetts, et al., wherein the Court, although striking down the ability of a city to restrict tobacco advertising, upheld a city's authority to restrict self-service tobacco displays. Therefore, the attached ordinance, which will be placed under Title 8 (Health and Safety) of the Bakersfield Municipal Code, is proposed. Enforcement of the ordinance will not begin until January 1, 2002 in order to educate retailers and give them time to comply. This ordinance received first reading at the August 8, 2001 City Council meeting. VG:alJ S:\COU NCIL~Admins\8.58Add.TobaccoUse2.wpd AU8CA.DB ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 AGENDA SECTION: Deferred Business TO: Honorable Mayor and City Council .,APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: August 9, 2001 CITY ATTORNEY ,~'~1~' CITY MANAGER SUBJECT: Ordinances imposing restrictions on skateboard use on sidewalks within selected areas of the An ordinance of the Council of the City of Bakersfield amending Chapter 10.08.020 of the Bakersfield Municipal Code relating to vehicles and traffic. An Ordinance amending Chapter 10.52.010 of the Bakersfield Municipal Code relating to bicycles and similar vehicles. RECOMMENDATION: Legislative and Litigation Committee recommends adoption of these ordinances. BACKGROUND: The Economic and Community Development Department has been receiving inquiries from merchants and business owners in the Old Town Kern/Baker Street areas asking how skateboarders can be restricted in business areas. The Bakersfield Municipal Code Section 10.52.010 restricts the use of skateboards and other such devices within the "central traffic district" as that term is defined in 10.08.020 of the Code. Staff presented an ordinance modification to 10.52.010 to the Legislative and Litigation Committee on June 25, 2001. The proposed modification restricted skateboard use on all city sidewalks in commercial areas. The Legislative and Litigation Committee preferred that the restriction be limited only to the central traffic district and the Old Town Kern/Baker Street area. As such, the attached modification adds a simple definition of Old Town Kern to Chapter 10.08.020 and restricts the use of skateboards and such vehicles to the central traffic district, as well as the Old Town Kern area. These ordinances received first reading at the August 8, 2001 City Council meeting. VG:alj S:\COUNCIL~Admins\10.52.010Amend2.Skateboard.wpd AUSCA.DB ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: Deferred Business ITEM: !!.d. TO: Honorable Mayor and City Councilmembers APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD ~)~_~ DATE: August 13, 2001 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: City Council Request for Staff Support and Technology Funding RECOMMENDATION: Staff recommends Council discussion. BACKGROUND: This item was discussed at the August 8, 2001 Council meeting and deferred until the full Council will be present at the August 22, 2001 Council meeting. The Council is at the top of the organizational chart, and the City provides computers, faxes and cell phones to Department Heads, Division Heads and many others at lower levels within the organization. One primary difference is the Council is not provided with offices, which would routinely be equipped with at least a computer, phone and fax. A survey of other cities, including some smaller than Bakersfield, show they nearly all do more for the Council than we do with technology items. Nonetheless, there are some sensitivities associated with being an elected official, and Brown Act and related legislation must be complied with so the issue does require thought and planning. It appeared from the first Council discussion that the needs and desires of different members does vary. Some have computers, faxes and cell phones, etc., others do not. Some use cell phones for personal and City business and bear both costs themselves. Some members may not need or want anything - others may. AC/al August 14, 2001 S:~Admin Rpts~2001\City Council Staff Support & Tech Funding 082201.wpd ADMINISTRATIVE REPORT .ags2 Possible Solution Clarify that the City Manager is authorized to provide technological assistance to Council members so requesting at the same standards as are applicable to Department heads. Since Councilmembers do not have offices and work from homes and private businesses, they may select an allowance, at City established internal service rates, or the assignment of City equipment to them as best meets their needs. Items they may select from, or receive the allowance to cover the cost of, would include (with internal service values following in parentheses) a laptop ($107) or personal computer ($77) internet services ($50) a fax/printer ($15) and a cell phone ($50). The value of those items taking the higher value laptop is $222 a month. Note - those electlno tO take the allowance will have the oavment t~yed! Further note: The City Attorney advises that for FPP(':, Durooses. if you take the allowance, you should be able to reconcile the payments to expenses aha to be able to show City monies were not seent on camoalon or ~ersonal exsenses. Those assigned City equipment would return it at the expiration of their service. The City would maintain City owned equipment. Those with an allowance would provide maintenance privately at their own cost. Brown Act access for information might more greatly expose those with City equipment more than those without. Under this plan there should be room to accommodate all the various Council needs. Some may choose to do nothing. Others may select from the mentioned items, or take the taxable allowance instead to cover the costs of personally financed equipment. AC/al August 14, 2001 S:'~,dmin Rpts~2001\City Council Staff Support & Tech Funding 082201 .wpd ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION:: t~ew ]~us~_aess I ITEM: I2.ao TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 12, 2001 D EPARTM E NTH E~_~.~_ CITYMANAGER An Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-35 by changing the zoning on 20 acres generally located along the south side of Brimhall Road, west of Jenkins Road from an A (Agriculture) zone to an E (Estate) zone. (ZC #01-0334) (Ward 4) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance for Zone Change No. P01-0334 would prezone 20 acres from an A (Agriculture) zone to an E (Estate) zone on property located south of Brimhall Road, west of Jenkins Road. The Planning Commission held public hearings on this Zone Change on June 25 and June 28, 2001. The Planning Commission recommended approval of this zone change and a Negative Declaration on June 28, 2001. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. This project is in order to develop the site with a single family residential subdivision. This action is consistent with the General Plan Amendment approved by Kern County Board of Supervisors on December 20, 2000, and City Council action on GPA P01-0285. Staff conducted an initial study and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on September 11, 1998, in accordance with CEQA. The site is currently being annexed to the City of Bakersfield, under separate application known as City Annexation No. 419. MO (admin\aug\8-22-0334) July 13, 2001, 9:08am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: New Business ITEM: ].2.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 22, 2001 Zone Chan,qe P01-0400 (Ward 2) AEEROVED DEPARTMENT H DF_~/,~' CITY ATTORNE~''/' /~ CITY MANAGER ~ Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 103-20 and 103-21 from R-3 (Limited Multiple-Family Dwelling) to C-1 (Neighborhood Commercial) on a 12,819 square foot site located between State Route-178, Flower Street, State Route 178-Beale Avenue on-off ramp/Owens Street and Beale Avenue. RECOMMENDATION: Staff recommends approving the Notice of Exemption and first reading of ordinance. BACKGROUND: The zone change to C-1 was initiated by the City. The Planning Commission conducted a public hearing on June 25, 2001, and June 28, 2001, and recommended approval of the Notice of Exemption and the zone change. The subject site and adjoining properties located to the south of the subject site are designated GC (General Commercial) on the Land Use Element. The proposed C-1 zoning would be in compliance with the existing GC land use designation. Subject site was previously owned by the State of California and used by CaITrans. This site was rented from the State and used as an ambulance substation by Golden Empire Ambulance through mid 1999. The site was not occupied from July, 1999 through April, 2001. A used car business is proposed for the site. Such use would require a "conditional use permit" in the requested C-1 zone. The primary issue raised during the Planning Commission public hearing was access to the subject site. Present access to the site is by an alley which intersects with the State Route 178-Beale Avenue on-off ramp/Qwens Street. A letter, presented to the Planning Department by the owner of the adjacent C-1 properties, gives permission for vehicular access through such C-1 properties to the subject site. The Planning Commission has determined that this project is exempt from CEQA. The proposed amendment does not have the potential to cause significant environmental impacts. A Notice of Exemption has been prepared. REDladrninlauglS-22-0400 August 1, 2001, 10:15am ADMINISTRATIVE REPORT MEETING DATE: August 22, 2001 AGENDA SECTION: New Business ITEM: 12.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 8, 2001 APPROVED DEPARTMENT HEAD.~~-- CITY ATTORNE~ CITY MANAGER Ordinance Adding Section 3.20.066 to the Bakersfield Municipal Code Relating to Pre- Qualification of Bidders RECOMMENDATION: Budget and Finance Committee recommends first reading of this Ordinance. BACKGROUND: The City of Bakersfield has been considering a bidder's prs-qualification ordinance for some time. Because of the high cost to the City and its inhabitants of a contractor's failure to complete a project and because of the need to ensure high quality and timely completion of public projects, the City of Bakersfield should, in appropriate instances, pre-qualify contractors. The proposed ordinance allows pre-qualification on projects over $250,000 or where the City Manager, or designee, determines that special expertise, equipment, or materials are required to properly complete the project. The proposed ordinance includes appeal procedures to ensure that prospective bidders are given proper due process if they have a complaint about the pre-qualification decisions. The Public Works staff is currently developing questionnaires and a rating system which will allow the objective quantification of the pre-qualification process. S:/COUNCIL~Admins\Preq ualOfSidders wpd BJT/ADD:cy:las:dlr August 8, 2001, 3:25pm ADMINISTRATIVE REPORT IMEETING DATE: August 22, 2001 I ITEM: 12.d. AGENDA SECTION: New Business TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 7, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVE._.JD Ordinance amending section 3.20.090 F of the Bakersfield Municipal Code relating to bonding for City projects. RECOMMENDATION: The Budget and Finance Committee recommends first reading of this ordinance. BACKGROUND: The Budget and Finance Committee recommends adoption of this ordinance to enhance the ability of the City to protect its citizens, contractors and subcontractors from bonding company failures and the financial hardships resulting from such defaults. Scales Construction Company defaulted on three City projects (Allen Road, Downtown Streetscape, and Lake Street) and thereafter the bonding company was forced into liquidation causing time delays and financial hardship to the City, Scales employees and subcontractors and causing traffic disruption and other problems. By requiring bonding companies be rated B+7 or better, the City is attempting to ensure that future bonds will not be defaulted on by the sureties. ADO:lsc S:\COUNCIL~Admins\3,20.090FAm end.wpd August 8, 2001