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HomeMy WebLinkAbout05/22/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 22, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL DEPARTMENT BUDGET PRESENTATIONS City Attorney's Office Centennial Garden and Convention Center Finance Department 3. CLOSED SESSION REGULAR MEETING 1. INVOCATION by Reverend William T. Ekhardt, Northminster Presbyterian Church 2. PLEDGE OF ALLEGIANCE by Zachary Houston, 3rd Grade Student, and Nicklaus Houston, 1st Grade Student, Ronald Reagan Elementary School 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dave Christensen, District Manager of Southern California Gas Company, proclaiming May 26 through June 1,2002 as "Energy Efficiency Awareness Week". b. Introduction of Mongolian Delegation and Remarks regarding ICMA Resources Exchange Program by Rhonda Smiley, Office Administrator/Public Relations. 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR (Ward2) (Ward 4) Minutes: a. May 8, 2002 Council Meeting. Payments: Payments from April 26, to May 9, 2002 in the amount of $6,056,161.75; and Self Insurance payments from April 26, to May 9, 2002 in the amount of $89,851. Ordinances: c. Ordinances relating to oil well drilling/production: Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code by amending Chapter 15.66 and repealing Chapter 15.67 relative to oil and mineral drilling and production. (First reading 5/8/02) Adoption of an ordinance amending Title 16 of the Bakersfield Municipal Code by amending Subsections 16.16.010 E; 16.16.060 A.2; and 16.20.060 B.3; and adding Sections 16.28.170 B.5 and 16.28.170 D.4 relative to oil wells and production. (First reading 5/8/02) Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code relative to Chapters 17.46 DI (Drilling Island District) and 17.47 PE (Petroleum Extraction Combining District) and Subsection 17.64.050 B.3. (First reading 5/8/02) Adoption of ordinance amending Sections 5.02.200, 10.60.070 and 10.76.080 and deletion of Chapter 8.20 of the Bakersfield Municipal Code relating to administrative appeals. (First reading 5/8/02) First reading of an ordinance amending the Bakersfield Municipal Code Section 1.12.040 and Section 1.12.070 by adding Annexation Nos. 422,425,426, 430 and 432 to Ward 4 and Annexation Nos. 423 and 424 to Ward 7. First reading of an ordinance amending Section 1.34.010 Subdivision B and Section 1.34.020 Subsection B of the Bakersfield Municipal Code relating to administrative appeals. Resolutions: Resolution authorizing submission of application to the U.S. Department of Housing and Urban Development for FY 2002 Economic Development Initiative - Special Projects Grant for $490,000. Resolution adding territory, Area 1-24 (Morroco) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments bythe Kern County Tax Collector. -2- (Ward 4) (Ward 3) (Ward 4) (Ward 4) (Ward 7) (Ward 7) (Ward 7) CONSENT CALENDAR continued i. Resolution establishing Maintenance District TS-8 (Calloway, Hageman NE), confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. j. Resolution adding territory, Area 4-23 (Kern Canyon Road) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Assessment District No. 02-1 (Avalon/Belsera/Montara/TheWoods): 1. Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving Boundary Map. 3. Resolution of Intention No. 1276. Resolution amending Boundary and approving Boundary Map for Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain Vista/Westlake). Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 01-2 (Seven Oaks II/River Walk). Resolution confirming assessment for construction costs of curb/gutter and drive approach and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Ronald and Cynthia Clement, 2917 McCall Avenue, to pay for curb/gutter and drive approach construction costs in installments and notice of special assessment lien. Resolution confirming assessment for construction costs of curb and gutter and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Cecelia Chinn, 2921 & 2925 McCall Avenue, to pay for curb and gutter construction costs in installments and notice of special assessment lien. Resolution confirming assessment for construction costs of curb/gutter and drive approaches and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Louise Baldwin, 2908 & 2916 McCall Avenue, to pay for curb/gutter and drive approaches construction costs in installments and notice of special assessment lien. -3- (Ward 4) (Ward4) (Ward 5) (Ward 5) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 4) (Ward 7) CONSENT CALENDAR continued Tract Maps/Improvement Agreements: 1. Final Map and Improvement Agreements with Communities at Westlake, LLC for Tract 6077, Unit 1, located south of Olive Drive, west of Calloway Drive. Final Map and Improvement Agreement with Communities at Westlake, LLC for Tract 6077, Unit 2, located south of Olive Drive, west of Calloway Drive. Final Map and Improvement Agreements with Campus Park Development, LLC for Tract 6082, Unit 1, located south of Campus Park Drive, east of Mountain Vista Drive. Final Map and improvement Agreement with Campus Park Development, LLC for Tract 6082, Unit 2, located south of Campus Park Drive, east of Mountain Vista Drive. 6. 7. 8. 9. 10. 11. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 1, located south of Snow Road, west of Calloway Drive. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 3, located south of Snow Road, west of Calloway Drive. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 4, located south of Snow Road, west of Calloway Drive. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 5, located south of Snow Road, west of Calloway Drive. Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 6003, Phase 3, located south of Krebs Road, west of Mohawk Street. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6003, Phase 4 located south of Krebs Road, west of Mohawk Street. Final Map and Improvement Agreements with Rosedale Construction Company for Tract 5625, Unit 1 located south of Olive Drive, west of Jewetta Avenue. 12. Final Map and Improvement Agreements with Rosedale Construction Company for Tract 5625, Unit 2, located south of Olive Drive, west of Jewetta Avenue. 13. Final Map and Improvement Agreements with Riverlakes Enterprises, LLC for Tract 6005, Phase 1, located south of Hageman Road, west of Coffee Road. 14. Final Map and Improvement Agreement with Stuart Thomas Incorporated, DBA Lenox Homes, for Tract 6064, Phase 1, located south of Berkshire Road, east of South H Street. -4- (Ward 4) (Ward 4) (Ward 7) (Ward 1) (Ward 6) (Ward 4) (Ward 4) CONSENT CALENDAR continued q. 15. Final Map and Improvement Agreements with Soper Homes, Inc., for Tract 6038, located south of Brimhall Road, west of Jenkins Road. 16. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6013, Phase 3, located north of Hageman Road, east of Fruitvale Avenue. 17. Final Map and Improvement Agreements with Sierra West Estates for Tract 5362, Phase 3, located east of Wible Road, south of Hosking Avenue. Agreement with Caliente Union School District, a non-profit organization, to purchase 15 surplus computers and three surplus printers from the City for $1.00 each for a total of $18.00. Agreement with Bakersfield S.P.C.A., a non-profit organization, to purchase one used police sedan for $1,200. Agreement with Bakersfield Association for Retarded Citizens, a non-profit organization, to purchase 10 surplus laptop computers from the City for $1.00 each for a total of $10.00. Two-Year Lease Agreement with the Housing Authority of the County of Kern, $4,800 annually for office space at 1630 East 11th Street. Contract Change Order No. 2 to Agreement No. 01-064 with Granite Construction in the amount of $177,133.46, total contract amount of $2,274,581.38, for the White Lane Street Resurfacing and Street Widening Construction from Wilson Road to Dovewood Street Project. Contract Change Order No. 3 to Agreement No. 01-042 with Utah Pacific Construction Company' in the amount of $79,491.40, total contract amount of $7,930,185.80, for the construction of Buena Vista Trunk Sewer Phase II and widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane. Bids: Accept bid to award contract to Jeskell, Incorporated, $171,719.33 to furnish, configure and install IBM pSeries Computer Systems and associated software. y. Mohawk Sewer Installation Phase I1: Accept bid and award contract to Utah Pacific Construction, $2,295,320 for constructing Mohawk Sewer installation Phase II. Transfer $299,500 of Capital Improvement Program Budget Appropriations from the Sewer Rehabilitation - Red Lion Project to the Mohawk Sewer Installation Project within the Sewer Enterprise Fund. Appropriate $1,230,000 Fund Balance to the Capital Improvement Program Budget within the Sewer Enterprise Fund. -5- (Ward 2) CONSENT CALENDAR continued z. Accept bid from Municipal Maintenance Equipment, $153,201.26 for a combination Drain and Catch Basin Cleaner for Street Maintenance Division (additional). aa. Reject all bids for installation of safety railing at Smoke Hatches on Centennial Garden Arena Roof. Miscellaneous: bb. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $189,726.32. cc. Approval of Tree Trimming - Community & Commemial Education Efforts. Staff recommends adoption of Consent Calendar Items a. through cc. (Ward 4) HEARINGS a. Concurrent General Plan Amendment/Zone Change P01-0822: Floyd Hinesley has proposed a General Plan Amendment and an ordinance amendment for approximately 40 acres, located at the northeast corner of Noriega Road and Allen Road. Resolution approving the Negative Declaration and adopting the General Plan amendment to change land use designations from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential). First reading of an Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 101-13 from A (Agriculture) to an R-1 (One Family Dwelling) Zone. Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the ordinance. -6- (Ward 4) (Ward 7) HEARINGS continued b. Concurrent General Plan Amendment/Zone Change P01-0916: The City of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. There was an appeal to the Planning Commission decision on the Zone Change item. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Suburban Residential) to OC (Office Commercial). First reading of an ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - five acres minimum) to C-O/PCD(Professional and Administrative Office Commercial/Planned Commercial Development) on five acres. Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment and overturning the Planning Commission recommendation and first reading of the ordinance. c. Concurrent General Plan Amendment/Zone Change No. P01-1014: The Lusich Company has proposed a General Plan Amendment and an ordinance amendment for approximately 98.39 acres, located east of Wible Road, between Berkshire Road and Hosking Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR (Low Medium Density Residential) and HR (High Density Residential) to LR (Low Density Residential) on 98.39 acres. First reading of an Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-25 from A-20A (Agricultural-20 Acre Minimum Lot Size) to R-1 (One Family Dwelling) on 98.39 acres. Staff recommends adoption of the resolution adopting the Negative Declaration and approving the Genera/Plan Amendment and first reading of the ordinance. -7- (Ward 4) HEARINGS continued d. Concurrent General Plan AmendmentJZone Change No. P01-1018: Castle and Cooke has proposed a General Plan Amendment for approximately 49 acres and an ordinance amendment for approximately 41 acres, located along the north side of White Lane between Buena Vista Road and Allen Road. The applicant has submitted an appeal to the Planning Commission recommendation to deny the GPA change from OS-P (Open Space - Parks to LR (Low Density Residential) on 8 acres. Resolution approving the Negative Declaration and overturning the Planning Commission recommendation by adopting the requested General Plan Amendment to change land use designations from HMR (High Medium Density Residential), GC (Regional Commercial) and OS-P (Open Space - Parks) to LR (Low Density Residential) on approximately 49 acres. First reading of an Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 122-12 from R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commemial) to R-1 (One Family Dwelling) zone on 41 acres. Staff recommends adoption of the resolution adopting the Negative Declaration and overturning the Planning Commission recommendation to deny the parkland change and approve the requested General Plan Amendment and first reading of the ordinance. -8- (Ward 4) HEARINGS continued e. Concurrent General Plan Amendment/Zone Change P01-1019: Castle & Cooke, California, Inc. has proposed a General Plan Amendment and an ordinance amendment on two sites consisting of 61.12 acres. Site 1 - General Plan Amendment from HMR (High Medium Density) to LR (Low Density Residential) and zone change from R-2 (Limited Multiple-Family Dwelling to R-1 (One-Family Dwelling) on 17.67 acres located along the northwest corner of Stockdale Highway and the Jewetta Avenue alignment. Site 2 - General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and Zone Change from R-1 (One Family Dwelling) to R-2 (Limited Multiple-Family Dwelling) on 43.45 acres, located along the south side of the Kern River Freeway Specific Plan Line, the easterly side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment. Castle & Cooke, California, Inc. is also requesting deletion of "mitigation measure/condition number 29" of both Resolution No. 70-97 and Ordinance No. 3774 concerning deletion of a 20 foot wide equestrian trial easement, deletion of a equestrian staging area and picnic area with improvements and deletion of a "policy for park development credit". Resolution approving the Negative Declaration and adopting the General Plan Amendment to changing the land use designations from LMR to LR on 17.67 acres, changing the land use designations from LR to LMR on 43.45 acres and amending "Condition No. 29 of City Council Resolution No. 70-97". Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-2 to R-1 on 17.67 acres, from R-2 to R-1 on 43.45 and amending "Condition No. 29 of Ordinance No. 3774." Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the Ordinance. -9- (Ward 4) (Ward 3) HEARINGS continued f. Concurrent General Plan Amendment/Zone Change No. P01-1022: Michael Dhanens Architect has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 7.46 acres of land and change the zoning from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family) on the same 7.46 acres, located adjacent on the north side of Brimhall Road, approximately one quarter mile east of Jewetta Avenue. 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 SR (Suburban Residential - less than or equal to 4 dwelling units per net acre) to LMR (Low Medium Density Residential) - more than 4 and up to 10 dwelling units per net acre on 7.46 acres. First reading of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family Dwelling) on 7.46 acres. Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the ordinance. g. General Plan Amendment No. 02-0006: The City of Bakersfield has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HMR (High Medium Density Residential) to OC (Office Commercial) on .85 acres of land, located adjacent on the east side of Oswell Street, just north of Glenbrook Avenue. 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 HMR (High Medium Density Residential) to OC (Office Commercial) on .85 acres. Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment. -10- (Ward 4) Wards 2,3) 10. HEARINGS continued h. Concurrent General Plan Amendment/Zone Change 02-0106: The City of Bakersfield Water Resources Department has proposed a General Plan Amendment and Zone Change for approximately 40.44 acres, located along the northerly sides of Stockdale Highway and the Cross Valley Canal, the southerly side of the Rio Bravo Canal and approximately one-half mile east of Allen Road. Resolution approving the Notice of Exemption and adopting the General Plan Amendment to change land use designations from LR (Low Density Residential) and GC (General Commercial) to OS-P (Open Space-Parks and Recreational Facilities). First reading of an ordinance approving the Notice of Exemption and amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-1 (One-Family Dwelling) and C-2 (Regional Commercial) to OS (Open Space). Staff recommends adoption of the resolution adopting the Notice of Exemption and approving the General Plan Amendment and first reading of the ordinance. The City of Bakersfield proposes to submit a Section 108 loan application to HUD in the amount of $4.2 million dollars to provide funds for various economic development activities and construction of public facilities. Resolution authorizing submission of the application to the Department of Housing and Urban Development. Reimbursement of advance of City funds up to $210,000 for property acquisition expenses. Staff recommends approval of the Section 108 Loan application adoption of the resolution and advance/reimbursement of funds from the loan proceeds up to $210,000. REPORTS a. Community Services Committee Report No. 2-02: 1. Historical Documents 2. In God We Trust 3. Liberty Garden Staff recommends accept report. b. Southeast Charrette Report by Jack Hardisty, Development Services Director. Staff recommends accept report. -11- 11. 12. 13. 14. DEFERRED BUSINESS NEW BUSINESS COUNCIL & MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Cou ncil~AG E N DA~2002~MAY2202.wpd May 16, 2002 (3:23pm) -12- B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 17, 2002 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ,fl-~j THROUGH: ALAN TANDY, CITY MANAGER / L.-" SUBJECT: AGENDA HIGHLIGHTS - MAY 22, 2002 COUNCIL MEETING PRE-MEETING There are three departmental budget presentations: 1) City Attorney's Office; 2) Centennial Garden and Convention Center; and 3) Finance Department. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinances amendin.q the Municipal Code relatin.q to oil well drillin.q/production. These ordinances were given first reading at the City Council meeting on May 8, 2002. No one spoke in opposition. Item Sd. Ordinance amendinq sections and deleting a chapter of the Municipal Code relatin.q to administrative appeals. This ordinance was given first reading at the City Council meeting on May 8, 2002. No one spoke in opposition. Item 8e. First Readinq of an Ordinance amendin.q the Municipal Code by addinq Annexation Nos. 422, 425, 426, 430 and 432 to Ward 4 and Annexation Nos. 423 and 424 to Ward 7. These annexations were approved by LAFCO. Annexation Nos. 422, 425, 426 and 432 ara all located generally north of Reina Road to Snow Road, and between Jewetta Avenue and Allen Road. This area is being developed with single family residential subdivisions. The property owners requested annexation to develop in the City. Annexation No. 426 is an inhabited annexation in which the developer requested annexation. Annexation No. 423 is located at the southeast corner of Talisman and Castro Lane, and consists of 0.45 acres that is developed with a single family residence. Annexation No. 424 is located along the south side of Hosking Avenue, west of South Union Avenue, consists of 77 acres which is currently being developed with a new high school, and has one residence. Annexation No. 430 is located at northeast corner of HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE 2 Noriega Road and Allen Road, consists of 40 acres and will be developed with single family residential. The property owners requested annexation to receive City services. Item 8f. First Reading of an Ordinance amending the Municipal Code relatinq to Administrative Appeals. This Ordinance will amend the time within which the City Manager or Department Head would conduct the hearing. Currently, a matter is to be heard with 30 days of the request for an appeal hearing. The amendment provides that the appeal would be heard within 45 days. Under this procedure, there will be monthly hearings that will not necessarily be exactly 30 days apart, thus necessitating the amendment. Resolutions: Item 8,q. Resolution Authorizing Submission of Application to the U.S. Department of Housing and Urban Development (HUD) for FY 2002 Economic Development Initiative (EDI) - Special Proiects Grant for $490,000. In November 2001, Congress appropriated funds for special projects under HUD's EDI. As part of this appropriation, the City received $490,000 for use towards the Baker Street Corridor. This project is proposed to be streetscape improvements on the west and east sides of Baker Street, Jackson Street to the south and Niles Street to the north. Elements include trees, tree grates, automatic irrigation, lights with banners and trash cans. The City must first complete an application for review for consistency with the intent of Congress explaining how the funds will be used. The Resolution approves the submittal of the grant application. Item ah. Resolution of Intention to add territory (Morroco) to the Consolidated Maintenance District and preliminarily adopting, confirming and approvinq Public Works Director's Report, and authorizing collection of assessments by the Kern County Tax collector. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of median and street landscaping. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item 8i. Resolution of Intention to add territory (Calloway, Ha.qeman NE) to the Consolidated Maintenance Distdct and preliminarily adopting, confirming and approving Public Works Director's Report, and authorizing collection of assessments by the Kern County Tax collector. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for the operation and maintenance of a traffic signal on Calloway Drive at the north entrance to the RiverLakes Plaza Shopping Center. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item 8j. Resolution of Intention to add territory (Kern Canyon Road) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report, and authorizinq collection of assessments by the Kern County Tax collector. A letter was received from a property owner requesting inclusion into the Maintenance District. This will provide for maintenance of a park and street landscaping. The letter waives the public hearing on the matter and allows the City to expedite the process. The owner also submitted a Proposition 218 ballot indicating consent to the assessments. Item ak. Assessment District No. 02-1 (Avalon/Belsera/Montara/TheWoods). Four subareas are combined into a single assessment district to reduce the total costs of legal proceedings and bond financing. All four are planned for new residential development. This is intended to provide financing for all improvements in a single bond issue. Once the Agreements are adopted, the next step is to prepare the resolution of intention and for the assessment engineer to establish the boundary map. Avalon is located south of Snow Road, west of Jewetta, east of Old Farm Road and north of Reina Road. Improvements include road grading, curb, gutter, sidewalks, street lights and block wall. HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE 3 Belsera is located south of Olive Drive, west of Old Farm Road, east of Allen Road, and north of Reina Road. Improvements include road grading, curbs, gutters, sidewalk, street lights, block walls and storm drain. This area is being annexed into the City as Reina No. 3, Annexation No. 425. Annexation is expected to be completed by the end of May, 2002. Montara is located west of Jewetta Road, north of Olive Drive, east of Bese, and south of Snow Road. Improvements include curb, gutters, sidewalks, paving, block walls, street lights, water line and a canal crossing. This area is being annexed into the City as Jewetta No.1, Annexation No. 426. Annexation is expected to be completed by the end of May, 2002. The Woods is located south of Berkshire, north of Hosking Road, east of Stine Road, and west of Akers Road. Improvements include storm drain, curb, gutter, sidewalk, paving, block wall and street lights. Item 81. Resolution amending Boundary and approvinq Boundary Map for Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain VistaNVestlake). On March 20, 2002, Council approved a Resolution with an informal boundary map, which also directed the preparation of a formal boundary map, to be filed with the City Clerk and recorded by the Kern County Recorder. After a preliminary appraisal report was prepared, it was determined that certain properties do not meet the required 3:1 value-to-lien ratio. The owner of two of the parcels decided to remove them from the district and to amend the adopted proposed boundaries of the Assessment District. Item 8m. Resolution levyinq amended assessment amounts for parcels located in Assessment District 01- 2 (Seven Oaks II/River Walk). On February 6, 2002, Council approved a resolution levying assessments of unpaid principal for parcels for AD 01-2. The bond issue amount was estimated to be $8,080,000. Subsequently, the actual amount of bonds issued was $200,000 less. This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount. Item 8n. Resolution confirmin.q assessment for construction costs of curb/qutter and drive approach at 2917 McCall Avenue, and authorizinq the collection of assessments by the Kern County Tax Collector. The property owners requested that the City construct curb/gutter, and drive approach along the frontage of their property. To assist in paying the construction costs the owners have entered into an agreement to spread the construction costs over a three (3) year period, interest free, to be collected with their property taxes. The resolution directs the Public Works Director to construct curb/gutter, and drive approach, and authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. Item 80. Resolution conflrminq assessment for construction costs of curb and qutter at 2921 & 2925 McCall Avenue, and authorizing the collection of assessments by the Kern Count,/Tax Collector. The property owner requested that the City construct curb/gutter, and drive approach along the frontage of their property. To assist in paying the construction costs the owner entered into an agreement to spread the construction costs over a three (3) year period, interest free, to be collected with their property taxes. The resolution directs the Public Works Director to construct curb/gutter, and drive approach, and authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. Item 8p. Resolution confirminq assessment for construction costs of curb and gutter at 2908 and 2916 McCall Avenue, and authorizinq the collection of assessments by the Kern County Tax Collector. The property owner requested that the City construct curb/gutter, and drive approach along the frontage of their property. To assist in paying the construction costs the owner entered into an agreement to spread the construction costs over a three (3) year period, interest free, to be collected with their property taxes. The resolution directs the Public Works Director to construct curb/gutter, and drive approach, and HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PagE 4 authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next throe years. Agreements: Item 8r. Aqreement with Caliente Union School District, a non-profit organization, to purchase 15 surplus computers and three surplus printers from the City for $1.00 each for a total of $18.00. The Caliente Union School District requests purchase of 15 surplus, used computers and 3 surplus, used printers. The Municipal Code states that any sale to a government agency must be approved by Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims. Item 8s. A.qreement with Bakersfield S.P.C.A.I a non-profit or.qanization, to purchase one used polic~. sedan for $1,200. The Bakersfield S.P.C.A. requests purchase of one used police sedan. The Municipal Code states that any sale to a government agency must be approved by Council. The item is being sold "as is and with all faults" to remove the City from any potential liability claims. Item 8t. Aqreement with Bakersfield Association for Retarded Citizens (BARC), a non-profit or.qanization, to purchase 10 surplus laptop computers from the City for $1.00 each for a total of $10.00. BARC requests purchase of 10 surplus, used laptop computers. The Municipal Code states that any sale to a non-profit agency must be approved by Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims. Item 8u. Two-Year Lease A.qreement with the Housing Authority of the County of Kern, $4,800 annually for office space at 1630 East 11t" Street. In an effort to bring police services closer to the community, the Police Department is looking to open two satellite offices, one being in the Lakeview Avenue area. This office will be open dudng typical business hours and will be staffed on a full-time basis by non-sworn personnel and part-time by sworn officers. The Department expects to provide crime prevention services, including neighborhood watch and senior safety programs. A community meeting area will be available for use by area residents. The terms of the lease are: two-year primary terms with an option to extend for two more years; and lease of approximately 725 square feet with an annual rent of $4,800. The City will pay for all utilities, and the landlord will pay for all common area maintenance charges and real estate taxes. On May 14, 2002, the Board of Zoning Adjustment granted the City/Housing Authority a CUP to operate an office in an R-2 zone. Item 8v. Contract Chan.qe Order No. 2 to Agreement No. 01-064 with Granite Construction for the White Lane Street resurfacin.q and street widening construction from Wilson Road to Dovewood Street Proiect in the amount of $177,133.46. After removal of the pavement on the north side of White Lane from Stine Road to Wilson Road, a large number of aroas wero found to be saturated with water, which created an unstable surface. In order to stabilize these areas, a combination of treating and roplacing the unstable soil will need to be done. The contractor has agreed to perform this work for the lump sum price of $77,133.46. Although the pavement on the south side of White Lane has yet to be removed, staff anticipates similar conditions. Since the extent of the problem is unknown, and in order to minimize the impact to traffic as well as the businesses on the south side, staff recommends the contractor be authorized to proceed on a Time and Materials (force account) basis in an amount up to $100,000.00. Should additional work be needed over and above this amount, Staff would issue a supplementary Change Order to be approved by Councit. Sufficient funds are budgeted to cover this change order. HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE 5 Item 8w. Contract Chan.qe Order No. 3 to A.qreement No. 01-042 with Utah Pacific Construction Company for the construction of Buena Vista Trunk Sewer Phase II and widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane in the amount of $79,491.40. The total amount of this Change Order can be paid through existing project funds. There are three changes: 1) During the course of construction, several abandoned oil lines were found. The oil lines must be removed and, in one case, a roadway bore extended by 10 feet. The contractor has agreed to perform this work for the lump sum price of $35,779.16. 2) During the construction of the median curb on Buena Vista Road, portions of the existing roadway did not correctly match the new median curb height. This required the curb heights to be redesigned for eventual removal and replacement. The contractor has agreed to do this work for the lump sum price of $32,296.85. This work also requires a contract time extension of twenty-three (23) working days. 3) Eight (8) manholes on the project were found to be too Iow in relation to the read shoulder and median grades. As such, the contractor must excavate and raise these manholes. The contractor has agreed to accept a lump sum price of $11,415.39 to perform this work. Bids: Item 8x. Award bid to Jeskell, Incorporated to furnish, confi.qure and install IBM pSeries Computer Systems and associated software in the amount of $171,719.33. The new systems will run the Versaterm Computer Aided dispatch and Records Management Systems in the Police department, previously approved by Council on May 16, 2001. Three acceptable bids were received. Staff recommends award to Jeskell, Incorporated. Item 8y. Award bid to Utah Pacific Construction for construction of the Mohawk Sewer Installation Phase II in the amount of $2,295,320. This is the second and final phase of a sewer system that will meet the needs of current and future sewer service requirements in the area. The first phase extended the sewer in Brimhall Road east under the Friant-Kern Canal. Eight acceptable bids were received. Staff recommends award to Utah Pacific Construction. To fund the project, staff recommends transfer of $299,500 of ClP budget appropriations from the Sewer Rehabilitation - Red Lion Project to the Mohawk Sewer Installation Project within the Sewer Enterprise Fund, and appropriation of $1,230,000 Fund Balance to the ClP budget within the Sewer Enterprise Fund. item 8z. Item 8y. Award bid to Municipal Maintenance Equipment for a combination Drain and Catch Basin Cleaner for Street Maintenance Division in the amount of $153,201.26. One acceptable bid was received. Staff recommends award to Municipal Maintenance. Item 8aa. Reject all bids for installation of safety railin.q at Smoke Hatches on Centennial Garden Arena Roof. This project will install non-slip surfacing to the roof of the Centennial Garden Arena to allow access to the smoke hatches. In addition, steel safety railing and a safety cable will be installed along the access. This project is budgeted in the Capital Improvement Program. The only bid received was in excess of the Engineer's Estimate for construction of $36,000. Staff believes that a more aggressive advertisement of the project will result in receiving additional and more competitive bids. Miscellaneous: Item 8bb. Authorize the Finance Director to forward to a collection a.qency, accounts receivable in various funds totalinq $189,726.32. Staff has exhausted all possible means at its disposal to collect certain past HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE 6 due accounts. The accounts that wile be forwarded to a collection agency are those that do not involve bankruptcy. Item 8cc. Approval of Tree Trimminq - Community & Commemial Education Efforts. The Urban Development Committee discussed tree ordinance enforcement and ways to improve the trimming of trees, and the need to impreve tree trimming techniques used by both private property owners and professional tree trimmers. Staff recommends a program of voluntary certification. This approach would have limited economic impact on the existing tree trimmers and would focus on educational efforts rather than requiring licensing. It would also be more cost effective for the City as it would not require additional staff. The following voluntary educational efforts are recommended: 1) Provide information on ISA Tree Worker and Arborist certifications; 2) Encourage certification by conducting workshops with local tree maintenance professionals and explaining the benefits of proper tree trimming; 3) Provide information on ISA certification programs and tree trimming techniques in English and Spanish; and 4) Provide information on courses available through Bakersfield College for ISA certification preparation, and when available, through the UC extension Farm and Home Advisor. The Committee also discussed providing general educational information for individuals and businesses who hire professionals to maintain their trees. Therefore staff recommended the following steps be implemented: 1) Broadcast on KGOV-TV public information videos and slide shows, which would present basic tree pruning techniques and urban forestry concepts regarding the proper planting and care of trees consistent with (ISA) guidelines; 2) Include the information in Recreation and Parks brochures; 3) Create handouts and flyers which would be available at various City public counters, home and garden stores, nurseries, the City wood waste facility and through public information sessions with schools, services clubs and at street fairs, etc.; and 4) Conduct informational sessions for the public on weekends in City parks. HEARINGS Item 9a. Concurrent General Plan AmendmentJZone Chan.qe for approximately 40 acres, located at the northeast corner of Norie.qa Road and Allen Road. It is proposed to change land use designations from R- IA (Resource-Intensive Agriculture) to LR (Low Density Residential). It is also proposed to amend the Municipal Code and Zoning Map from A (Agriculture) to an R-1 (One Family Dwelling) zone. This amendment would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this GPNZC and recommended Council approval on April 4, 2002. No significant issues were raised by the public or any affected public agency at the public hearings. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 1, 2002, in accordance with CEQA. Item 9b. Concurrent General Plan AmendmentJZone Chan.qe for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. The City proposes a GPA to change land use designations from SR (Suburban Residential) to OC (Office Commercial) and overturn the Planning Commission decision by amending the Municipal Code and Zoning Map from RS-5A (Residential Suburban - 5 acres minimum) to C-O/PCD (Professional and Administrative Office Commercial/Planned Commercial Development). This amendment would permit the development of Office Commercial uses on the project site. In addition, the City will be able to complete greatly needed improvements on both Brimhall Road and Jewetta Road. The City has been working with the property owner to acquire right-of-way for the improvements. Obtaining the right-of-way for street improvement will vastly improve pedestrian safety for students traveling across Brimhall Road to Liberty High School. We will be able to move the traffic pole back and construct a more uniform intersection that is also safer for pedestrians. HONORABLE MAYOR AND CITY COUNCIL MaY 17, 2002 PAGE 7 For the property owner's cooperation, staff agreed to request this change in zone. Nearby residents voiced concerns ranging from office location to traffic problems during the Planning Commission hearings. The Planning Commission recommended adoption and approval of the GPA as requested with a condition that the developer submit a Planned Commercial Development zone prior to development of the site. The Planning Commission recommended denial of the zone change. The applicant (City staff) appealed the decision in order to receive a zone district designation for the site prior to completion of the annexation, which is still in process at LAFCO. According to State Law, if no zone designation is approved prior to completion of the annexation, the developer must wait two years after the completion of the annexation in order to change the zone. Approving a CO/PCD zone district achieves the intent of both the Planning Commission and the property owner while providing a forum for the neighborhood to discuss the project when development plans are finalized. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 8, 2002, in accordance with CEQA. Item 9c. Concurrent General Plan Amendment/Zone Chanqe for approximately 98.39 acres, located east of Wible Road, between Berkshire Road and Hoskin.q Road. A GPA and ordinance amendment is proposed to change land use designations from LMR (Low Medium Density Residential) and HR (High Density Residential) to LR (Low Density Residential), and amend the Municipal Code and Zoning Map from A-20A (Agricultural-20 Acre Minimum Lot Size) to R-1 (One-Family Dwelling). Single-family dwellings are being constructed to the north and west of the subject site. The General Plan designates all of the area for urban development (LR, LMR, HR, and CC) with the exception of Greenlawn Cemetery (P). The Planning Commission approved this GPNZC, and recommended Council approval on April 4, 2002. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 1, 2002, in accordance with CEQA. Item 9d. Concurrent General Plan Amendment/Zone Chan.qe for approximately 41 acres, located alon.q the north side of White Lane between Buena Vista Road and Allen Road. Castle and Cooke proposes a GPA and ordinance amendment to change land use designations from HMR (High Medium Density Residential), GC (Regional Commercial) and OS-P (Open Space - Parks) to LR (Low Density Residential. They also propose to amend the Municipal Code and Zoning Map from R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) to R-1 (One Family Dwelling) zone. The Planning Commission conducted public hearing(s) and recommended that the City Council approve a portion of the GPA relative to the HMR and GC areas and the requested Zone Changes at their April 4, 2002, meeting. The Planning Commission denied by a 4 to 3 vote the portion of the GPA that dealt with the elimination of the OS-P designation for a planned park north of White Lane, east of Allen Road. The majority apparently believe that the elimination would not be in the best interest of the neighborhood of Seven Oaks West development because the nearest neighborhood park to the future residential area is not in walking distance. The applicant and City staff agreed that in-lieu fees, park credits for the area and previous agreements with the City should be sufficient for the provision of parkland acreage in the regional area. The Recreation & Parks Department supports the requested elimination of the Open Space-Parks designation and would accept the in-lieu park acquisition fee from the applicant. Leaving a portion of the property with an open space designation would require that it be developed as a neighborhood park. An alternative funding method would need to be identified to acquire and improve the HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE $ additional land (approximately four acres) over and above the applicant's requirement. There are no funds available in the near future to develop such a park. The only two parties impacted by this issue, the City and Castle and Cooke, agree. The majority of the Planning Commission ignored both to attempt to require a park where none is wanted or needed. If the staff recommendation is upheld, we will derive a revenue from the sale of the parkland we currently own. If the decision of the majority of the Planning Commission is upheld, land must either be purchased and developed at a cost of around $1.0 million or 8 acres will sit as an undeveloped dust bowl. We rarely recommend overturning the Commission, but his one is important financially. No other significant issues were raised by the public or any affected public agency at the public hearings. The applicant has agreed to all conditions and mitigation for the project. Item 9e. Concurrent General Plan Amendment/Zone Chan.qe on two sites. Castle & Cooke, California, Inc. proposes the following GPA's and ordinance amendments: Site 1 - Land use designation change from HMR (High Medium Density) to LR (Low Density Residential) and zone change from R-2 (Limited Multiple-Family Dwelling) to R-1 (One-Family Dwelling) on 17.67 acres located along the northwest corner of Stockdale Highway and the Jewetta Avenue alignment. Site 2 - General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and zone change from R-1 (One Family Dwelling) to R-2 (Limited Multiple-Family Dwelling) on 43.45 acres, located along the south side of the Kern River Freeway Specific Plan Line, the eastedy side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment. The Planning Commission conducted a public hearing on this GPNZC and recommended Council approval on April 4, 2002. The applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study, and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration, with mitigation, was prepared and posted on March 1, 2002, in accordance with CEQA. Item 9f. Concurrent General Plan Amendment/Zone Change on 7.26 acres located adjacent on the north side of Brimhall Road, approximately one quarter mile east of Jewetta Avenue. It is proposed to amend the Land Use Element of the 2010 General Plan by changing the land use map designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 7.46 acres of land and change the zoning from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family). The purpose is to allow Low Medium Density Residential development on the project site. The proposal would not conflict with existing adjacent land uses. The Planning Commission conducted a public hearing for this GPNZC and recommended Council approval on April 4, 2002. Within a one mile radius there is a single site designated for multi-family residential development. It is a housing element policy to provide a range of housing types to serve all economic segments of our community. The Planning Commission concluded its review of the proposal by recommending that the Planning Director should ensure that all landscaping is compatible with adjacent properties upon site plan review. Item 9.q. General Plan Amendment on .85 acres of land, located adjacent on the east side of Oswell Street, just north of Glenbrook Avenue. The City proposes to amend the Land Use Element of the 2010 General Plan by changing the land use map designation from HMR (High Medium Density Residential) to OC (Office Commercial.) The purpose of the GPA is to correct an existing land use designation. The site has been zoned C-O (Professional and Administrative Office) since 1965. However, in 1990, it was mistakenly designated HMR under the 2010 General Plan. On February 12, 2002, the Board of Zoning HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE 9 Adjustment approved a conditional use for the same site to allow a restaurant with on-site alcohol consumption and outdoor seating, and a modification to allow a reduction in the rear and side yard setbacks. The applicant of the CUP intends to build an 8,400 sq. ft. building, with the restaurant utilizing 3,000 square feet of the structure. The remaining square footage is proposed for office space. While not stipulated as a condition, BZA Resolution No. 02-06 does indicate that the proposed GPA would be necessary to correct the existing land use map designation. Item 9h. Concurrent General Plan Amendment/Zone Chan.qe for approximately 40.44 acresI located alonq the northerly sides of Stockdale Hi.qhway and the Cross Valley Canal, the southerly side of the Rin Bravo Canal and approximately one-half mile east of Allen Road. The Water Resources Department has proposed a General Plan Amendment and zone change for this area. It is proposed to change land use designations from LR (Low Density Residential) and GC (General Commercial) to OS-P (Open Space- Parks and Recreational Facilities). It is also proposed to amend the Municipal Code and Zoning Map from R-1 (One-family Dwelling) and C-2 (Regional Commercial) to OS (Open Space). This amendment acknowledges the previous Council decision to establish a water recharge facility with related recreational uses. This facility will contain a lake, equestrian trail, bike path, soccer fields and related improvements. Construction is now under way and will be completed in the near future. This Amendment was approved by the Planning Commission on April 4, 2002. The project does not have the potential to adversely the environment and is exempt from CEQA. Staff prepared a Notice of Exemption from CEQA. The Notice of Exemption, General Plan Amendment and Zone Change were published in The Bakersfield Californian and posted on March 1, 2002. Item 9i. Section 108 loan application to HUD in the amount of $4.2 million dollars to provide funds for various economic development activities and construction of public facilities. Section 108 loans are federally underwritten loans that provide the City the opportunity to receive an advance against their future CDBG entitlement by borrowing it today at a Iow interest rate. Staff recommends obtaining a Section 108 Loan as a primary financing source regarding the rehabilitation/upgrade of swimming facilities at Martin Luther King, Jr. and Jefferson Pools, a new aquatic facility in a location to be determined, and special community and economic development projects in the Southeast. In order to move forward with the aquatic facility, staff recommends advance of $210,000 of unencumbered general funds currently budgeted in the Development Services - Demolition and Clearance account, and utilize $90,000 from the EDCD - unencumbered CDBG funds in the Acquisition and Demolition account, beginning in August 2002 for required property acquisition and demolition. REPORTS Item lOa. Community Services Report No. 2-02. The Community Services Committee has been considering several items of interest to the City Council: placement of historical documents and "In God We Trust" in City Hall, and the Liberty Garden. A citizens committee was appointed to consider placement of the documents and mottos. In regard to the historical documents, they recommended the following: 1) A picture of the Statue of Liberty framed by the Declaration of Independence and the Bill of Rights on the East wall of the Council chambers, and a picture of the Liberty Bell framed by the Gettysburg Address and the Emancipation Proclamation (condensed) on the West Wall; 2) A quote by Colonel Baker above the bulletin board in the foyer: "This is God's country. Someday it will be filled with happy homes....The place is rich in future possibilities;" and 3) Other historical documents will be placed on the west wall across from the Mayor's office. All costs associated with the project will be funded by corporate donations of $500 each, with the citizens committee being responsible for all fundraising. In regard to mottos, they recommend both mottos surround the City seal located behind the Mayor's chair on the dais, with "In God We Trust" on top, and "e pluribus unum' on the bottom. The Community Services Committee unanimously approved their HONORABLE MAYOR AND CITY COUNCIL MAY 17, 2002 PAGE 10 recommendations. A committee of community members, including public safety agencies throughout Kern County, has been discussing a "Liberty Garden" in a park setting with monuments in honor of American liberty and victims of the September 11th attack on the United States. The project is too large for City Hall, so they will be asking for a dedication of land next to the new Fire Station 15/Police Substation in the southwest, where there is available space. They plan to begin fundraising for the Liberty Garden in December 2002, and have the project completed by September 11, 2003. They would also ask for the City to maintain the Liberty Garden after it is completed. The City plans to make small modifications to an area near City Hall in memory of the 9-11 victims, perhaps including some minor landscape modification and a plaque or monument. City staff will be working with the Bakersfield Beautiful Committee to plan such improvements. Final approval of design and costs would come to the Council through the Community Services Committee. Item 10b. Southeast Charrette Report by Jack Hardisty, Development Services Director. A verbal report on the Southeast Charrette will be given by Mr. Hardisty. AT:AC:al cc: Department Heads City Clerk's Office News Media File IMEETING DATE: ADMINISTRATIVE REPORT May 22, 2002 I AGENDA SECTION: Budget Presentations I ITEM: 2.a.b.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager May 13, 2002 Department Budget Presentations 1. City Attorney's Office 2. Centennial Garden and Convention Center 3. Finance Department APPROVED DEPARTMENT HEAD CITY A'rI'ORNEY CITY MANAGER RECOMMENDATION: BACKGROUND: The City Attorney's Office, Centennial Garden and Convention Center, and the Finance Department will provide a detailed overview of their FY 2002-2003 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. JWS:al 5/13/2002 11:09 AM S:~Admin Rpts~002\Budget Hearings 052202.doc ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Presentations ITEM: 5.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall May 9, 2002  .D DEPARTMENT HEAD~_~; CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Dave Christensen, District Manager of Southern California Gas Company, proclaiming May 26 through June 1, 2002, as "Energy Efficiency Awareness Week". RECOMMENDATION: BACKGROUND: May 9, 2002, 12:37pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Rhonda Smiley, Office Admin. / Public Relations May 13, 2002 APPROVED DEPARTMENT HEAD CITY AI'rORNEY CITY MANAGER Introduction of Mongolian Delegation and Remarks Regarding ICMA Resources Exchange Program RECOMMENDATION: BACKGROUND: May 14, 2002, 7:58am C:~)ocuments and SettingsYsmiley. BAKERSFIELD~J_ocal Settings\Temp~4ongolianDelegation-051302.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk May 10, 2002 Minutes of the Council Meeting May 8, 2002. APPROVEQ DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER RECOMMENDATION: BACKGROUND: bz S:\Council~admins~002\MAY2202.wpd May 10, 2002, 8:48am ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.b. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 9, 2002 APPROVED DEPARTMENT HEAD,.~'~ CITY ATTORNEY'-~///~ CITY MANAGER /~ SUBJECT: Approval of department payments from Apd126, 2002 to May 9, 2002 in the amount of $6,056,161.75 and self insurance payments from April 26, 2002 to May 9, 2002 in the amount of $89,851.00 RECOMMENDATION: Staff recommends approval of payments totaling $6,146,012.75. BACKGROUND: S:\KIMG\FORMS & LABLES\ADMIN-AP.DOC Idg ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 · 'ENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 9, 2002 DEPARTMENT HEA~ CITY ATTO RN E~'~___~__~ ClTY MANAGER SUBJECT: An Ordinance amending Title Seventeen of the Bakersfield Municipal Code by amending Chapter 15.66 and repealing Chapter 15.67 relative to oil and mineral drilling and production. An Ordinance amending Title Sixteen of the Bakersfield Municipal Code by amending subsections 16.16.010 E; 16.16.060 A.2; AND 16.20.060 B.3; and adding sections 16.28.170 B.5. AND 16.28.170 D.4 relative to oil wells and production. An Ordinance amending Title Seventeen of the Bakersfield Municipal Code relative to Chapters 17.46 DI (Drilling Island District) and 17.47 PE (Petroleum Extraction Combining District) and subsection 17.64.050 B.3. RECOMMENDATION: Staff recommends adoption of the ordinances. BACKGROUND: The City Council held first reading of the ordinance on May 8, 2002. On April 4, 2002, the Planning Commission held a public hearing on these proposed amendments to Titles 15, 16 and 17 related to oil and mineral drilling and production regulations. The amendments are based on the changes reviewed by both the Urban Development Committee and the Planning Commission's Oil Well/Drilling Operations Committee. The purpose of the proposed amendments is fourfold: 1) to consolidate the oil and mineral drilling and production regulations contained in various chapters of the Bakersfield Municipal Code into Chapter 15.66 and to reduce redundancy; 2) delete text that limits application of some regulations to areas annexed after 1998; 3) to improve and clarify development standards and; 4) provide additional notice to operators of record as listed with the Division of Oil, Gas, and Geothermal Resources. May 7, 2002, 3:52pm ADMINISTRATIVE REPORT .ag. 2 Only one person (Philip L. Ryall, Stockdale Energy Company) spoke during the Planning Commission hearing. In response to his comments, additional wording was included to Section 15.66.080. A. to clarify that as urban development encroaches upon existing petroleum facilities, the proposed urban development must integrate the existing petroleum facilities to satisfy the development standards, including but not limited to setbacks as stated in Chapter 15.66. Between August and November 2001, the Oil Well/Drilling Operations Subcommittee of the Planning Commission met with oil industry and building industry representatives to discuss amendments to oil well drilling and production regulations for the purpose of clarifying regulations and increasing public notice to operators on record with the Division of Oil, Gas and Geothermal Resources. The Planning Commission forwarded proposed amendments to the Urban Development Committee to review. The Urban Development Committee met in January and February 2002, and added minor revisions to the proposed amendments. On March 20, 2002, the City Council accepted the Urban Development Committee Report No. 1-02 and referred the proposed amendments to the Planning Commission for public hearing and recommendation voted unanimously to forward a recommendation to the City Council to refer ordinance amendments to the Planning Commission for a public hearing. Oil and building industry representatives, including representatives from the Division of Oil, Gas and Geothermal Resources were sent notice of committee meetings held by both the City Council's Urban Development Committee and the Planning Commission's subcommittee. These participants were also sent a notice of public hearing for the April 4, 2002 Planning Commission meeting. Staff has determined the proposed project will not significantly affect the physical environment and determined the proposed ordinance amendments are exempt from CEQA pursuant to Section 15061 (b)(3), general rule. JENG (adminYnay\5-22-owo) May 7, 2002, 3:52pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Robert M. Sherry, Assistant City Attorney May 9, 2002 APPROVED DEPARTMENT HEAD~ CITY ATI'ORNEY ~ ClTY MANAGER ~/' An Ordinance amending Sections 5.02.200, 10.60.070 and 10.76.080, and deletion of Chapter 8.20 of the Bakersfield Municipal Code relating to administrative appeals. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This ordinance received first reading at the City Council meeting held on May 8, 2002. In furtherance of the City Council goal of streamlining Council meetings, these Ordinance changes provide that decisions on the City's Business License Tax, mute designations for interstate trucks, and the permitting of parades with which an applicant disagrees, are appealable to the City Manager or his designee rather than the City Council. In the case of mute designations for interstate trucks and Business License Taxes, the City Council will still hear any appeal from the City Manager's decision. At the first reading of this Ordinance, the Council amended the section on route designations for interstate trucks to allow an appeal to the City Council after the initial appeal to the City Manager. Chapter 8.20 entitled, "Insect Pests," is being deleted in its entirety as the control of insects is, and has been for some time, a matter outside the City's jurisdiction. RMS:dll S:\COUNClL~Adrnins~AdmlnAppealArndOrd.wpd DEC13CA.CC May 9, 2002, 5:17pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 7, 2002 SUBJECT: IAGENDA SECTION: Consent I ITEM: 8.e. AP. la~ O V~/D D EPARTM ENT H EAD/X~/'~, CITY ATFORNEY~'~ ~ CITY MANAGER .~ An Ordinance amending the Bakersfield Municipal Code Section § 1.12.040 and Section 1.12.070 by adding Annexation Nos. 422, 425, 426, 430 and 432 to Ward 4 and Annexation Nos. 423 and 424 to Ward 7. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation Nos. 422, 423, 424, 425, 426, 430, 432 areas into the corresponding Council Ward. The annexations were approved by LAFCO recently. Annexation No. 422, 425,426 and 432 are all located generally north of Reina Road to Snow Road and between Jewetta Avenue and Allen Road. This area is being developed with single family residential subdivisions. The property owners requested annexation to develop in the City. Annexation No. 426 is an inhabited annexation in which Centex Homes (the developer of the residential tract) requested annexation after they conducted a neighborhood meeting last year. Since then, LAFCO held public hearings for the annexation and the Protest Hearing, where no protests were filed. These annexations comprise of approximately 487 acres. Annexation No. 423 is located at the southeast corner of Talisman and Castro Lane. The site consists of 0.45 acres and is developed with a single family residence. The property owner requested annexation to receive city services. Annexation No. 424 is located along the south side of Hosking Avenue, west of South Union Avenue. The site consist of 77 acres which is currently being developed with a new high school and has one residence. The property owners have requested annexation to receive city services. Annexation No. 430 is located at northeast corner of Noriega Road and Allen Road. This site consists of 40 acres and will be developed with single family residential. The property owner requested annexation to receive city services. MO:pjt (adm in~m ay~5-22\423-424) May 7, 2002, 3:46pm ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Robert M. Sherry, Assistant City Attorney May 10, 2002 APPROVED DEPARTMENT HEAD/~'~ ClTY ATTORNEY ~ CITY MANAGER //~ An Ordinance amending Section 1.34.010 Subdivision B and Section 1.34.020 Subsection B of the Bakersfield Municipal Code relating to administrative appeals. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: Recently, as a part of the streamlining process, the Council adopted Chapter 1.34 of the Bakersfield Municipal Code regarding administrative appeals. Chapter 1.34 provides that wherever the Municipal Code provides for an appeal to the City Manager or for an appeal to a City Department Head, the matter may be heard by the designee of the City Manager (in cases appealable to the City Manager) or the designee of the Department Head (in cases appealable to the Department Head). This Ordinance will amend the time within which the City Manager or Department Head would conduct the hearing. Currently, the Ordinance provides that the matter is to be heard by the City Manager or Department Head within thirty (30) days of the request for an appeal hearing. The amendment provides that the appeal would be heard within forty-five (45) days of the request instead. Currently, for appeals to the City Manager, the City Manager's Office intends to hold hearings on the second Monday of each month. Under this procedure, while there will be monthly hearings, they will not necessarily be held exactly thirty (30) days apart. Hence, staff has requested that the above amendment be implemented. S:\COUNCiL~Adrnins\f .34AmendAdrnin.wpd DEC13CA.CC May 10, 2002, 12:04pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.g. TO: FROM: DATE: Honorable Mayor and City Council Donna L. Kurtz, Economic Development Director May 7, 2002 APPROVED DEPARTMENT HEAD~q~ ClTY A'I-rORNEY Ci-i-~MANAGER~'/)~ SUBJECT: Resolution Authorizing Submission of Application to the U.S. Department of Housing and Urban Development (HUD) for FY 2002 Economic Development Initiative - Special Projects Grant for $490,000. (Ward #2) RECOMMENDATION: Staff recommends approval and authorization of the City Manager to execute all necessary documents. BACKGROUND: In November 2001, Congress appropriated funds for special projects under HUD's Economic Development Initiative (EDI). As part of this appropriation, the City of Bakersfield received $490,000 for use towards the Baker Street Corridor, a streetscape improvement project. The City of Bakersfield will be the lead agency and recipient of those funds. However, first the City must complete an application which HUD will review for consistency with the intent of Congress and applicable requirements explaining how the funds will be used. HUD will then notify us regarding approval of funding for the project. The attached resolution approves the submittal of the grant application to HUD for the EDI program. If the application is approved funding will be forthcoming to the City. The City will be the lead agency and responsible for overall project management, implementation, and compliance with federal requirements applicable to the grant. The staff administrative assistance required from the City is project oversight, federal environmental review, grant closeout, and miscellaneous post project monitoring. The project is proposed to be streetscape improvements on the west and east sides of Baker Street, Jackson Street to the south and Niles Street to the north. Streetscape elements are to include the installation of trees, tree grates, automatic irrigation, lights with banners, and trash cans. This location was designated by staff as the best suited site for the use of these monies since staff is targeting the blocks between Jackson and Lake streets for redevelopment. Additionally, the railroad tracks act as a natural divider of Baker Street. Should additional future monies be secured, street improvements to Baker Street south of the tracks may be considered. The project will be designed based on a budget of $490,000. DIk:S:~Admins\Baker St CC admin.wpd May 9, 2002, 11:28am ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas Public Works Director May 9, 2002 APPROVED DEPARTMENTHEAD///~- CITY ATTORNEY--~ CITY MANAGER Resolution adding territory, Area 1-24 (Morroco) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On May 8, 2002 the Council adopted Resolution of intention No. 1252 to add territory, Area 1-24 (Morroco), to the Consolidated Maintenance District as requested by the property owner. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-24 is generally bounded by Morroco Avenue on the north, El Paso Street on the east, Stockdale Highway on the south and a line 660 feet east of Jenkins Road on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate street tier when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. A covenant has been drafted to provide future owners with disclosure that this lot is within the Consolidated Maintenance District. A copy of this covenant is attached for reference. Lvd May 7, 2002, 12:05PM G:\G ROUPDAT~ADMI N RPT~2002\May 22\md1-24re02.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 26, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution Establishing Maintenance District TS-8, (Calloway, Hageman NE), confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On May 8, 2002 the Council adopted Resolution of Intention No. 1270 to establish Maintenance District No. TS-8 (Calloway, Hageman NE) for the operation and maintenance of a traffic signal on Calloway Drive at the north entrance to the RiverLakes Plaza Shopping Center. Staff recommends the formation of Maintenance District No. TS-8, (Calloway, Hageman NE), generally bounded by a line 1/4 mile north of Hageman Road on the north, Drakes Passage Way on the east, Hageman Road on the south and Calloway Drive 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 owner of the parcels within the propose district which waives the public hearing concerning formation of the maintenance district. 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 developer to be recorded with the Parcel Map. A copy of this covenant is attached for reference. Ivd May 8, 2002, 9:31AM G:\GROU PDAT~AD MIN RPT~2002\May 22\TS-8Est02.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8..~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas Public Works Director May 9, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Resolution adding territory, Area 4-23 (Kern Canyon Road) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On May 8, 2002 the Council adopted Resolution of Intention No. 1271 to add territory, Area 4-23 (Kern Canyon Road), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No 10838. Area 4-23 is generally bounded by a line 3/4 of a mile south of Highway 178 on the north, a line 1~ miles east of Morning Drive on the east, a line 1 mile south of Highway 178 on the south, and a line I mile east of Morning Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this.covenant is attached for reference. Lvd May 7, 2002, 2:58PM G:\G ROUPDAT~ADMIN RPT~.002\May 22\md4-23re02.wpd ADMINISTRATIVE REPORT I MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 29, 2002 APPROVED DEPARTMENT HEAD ~- CITY ATTORNEY~ CITY MANAGER Assessment District No. 02-1, (Avalon / Belsera / Montara / The Woods): Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. Resolution Approving Boundary Map. Resolution of Intention (No. 1276). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed district has four distinct subareas as follows: Avalon: This subarea is located south of Snow Road, west of Jewetta Avenue, east of Old Farm Road, north of Reina Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Avalon Partners LLC), with acquisition of the improvements upon completion. The improvements include road grading, curb, Gutter, sidewalks, street lights and block wall improvements. Belsera: This subarea is located south of Olive Drive, west of Old Farm Road and east of Allen Road, north of Reina Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the Developer ( Centex Homes), with acquisition of the improvements upon completion. The improvements include road grading, curbs, gutters, sidewalk, street lights, block walls and storm drain. This area is being annexed into the City as Reina No. 3, Annexation No. 425. Annexation is expected to be completed by the end of May, 2002. Montara: This subarea is located west of Jewetta Road, north of Olive Drive, east of Bese, south of Snow Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Centex Homes), with acquisition of the improvements upon completion. The improvements include curb, gutters, Apd[ 29, 2002, 10:53AM G:\GROUPDAT~ADMINRPT~2002\May 22~AD02-1ROI.wpd ADMINISTRATIVE REPORT Page 2 sidewalks, paving, block walls, street lights, water line and a canal crossing. This area is being annexed into the City as Jewetta No.1, Annexation No. 426. Annexation is expected to be completed by the end of May, 2002. The Woods: This subarea is located south of Berkshire, north of Hosking Road and east of Stine Road, west of Akers Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by Developer (FSI Developers, LLC), with acquisition of the improvements upon completion. The improvements inc;ude storm drain, curb, gutter, sidewalk, paving, block wall and street lights. The primary motive for combining the four subareas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the properly owners. It is intended to provide financing for all improvements in a single bond issue. Once the Resolutions are adopted, the next step is for the assessment engineer to prepare a Preliminary Engineer's Report. April 29, 2002, 10:53AM G:\GRO U P DAT~ADMIN RP'152002\May 22~D02-1 ROI.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 14, 2002 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER /~ Resolution Amending Boundary and Approving Boundary Map for Assessment District No. 01- 3, (Madison Grove/San Lauren/Mountain Vista/VVestlake). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 20, 2002 the City Council approved Resolution No. 044-02 with an informal Boundary Map attached as Exhibit A. The resolution also directed the preparation of a formal boundary map, to be filed with the City Clerk and recorded at the Kern County Recorder, without further consideration by the City Council. Such formal boundary map has not been filed with the Clerk and recorded with the County Recorder as of May 14, 2002. After a preliminary appraisal report was prepared by Mike Launer, it was determined that certain properties in AD 01-3 do not meet the required 3:1 value-to-lien ratio. One of the AD 01-3 proponents (Kyle Carter Homes, Inc.) decided to remove two of his parcels that do not meet 3:1 value-to-lien ratio from the district and to amend the adopted proposed boundaries of AD 01-3. The two areas to be eliminated from the district boundaries are Lot 47 of Tract No. 6013, Phase 3 (planned for recording May 24, 2002) in the North San Lauren Area and Lot 57 of Tract No. 6003, Phase 2 ( already recorded) in the South San Lauren Area. May 14, 2002, 11:31AM G:\GROUPDAT~ADMINRP~2002\May 22~AD01-3amendbdry.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 13, 2002 APPROVED DEPARTMENT HEAD~~ CITYATFORI~EEY~ ClTY MANAGER /)~ SUBJECT: Resolution levying amended assessment amounts for pa'rcels located in City of Bakersfield Assessment District 01-2(Seven Oaks II/River Walk). RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On February 6, 2002, Council approved the Resolution 019-02 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield Assessment District 01-2(Seven Oaks II/River Walk). The Bond issue amount was estimated to be $8,080,000. Subsequent to the adoption of Resolution 019-02, the actual amount of bonds issued for the distdct was $7,880,000 ($200,000 less than originally estimated). This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The amended levy amounts are lower than the original levy amounts and they more accurately reflect the actual amount of unpaid principal bonds outstanding. S:\COREY\ADMIN ~ AP.DOC klg ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECT]ON: Consent Calendar ITEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 18, 2002 DEPARTMENT H EAD__~~---'' CITY A'rrORNEY CITY MANAGER 2917 McCall Avenue Curb & Gutter and Drive Approach (Ward 7): 1. Agreement with property owners to pay for curb/gutter and drive approach construction costs in installments and notice of special assessment lien. 2. Resolution confirming assessment for construction costs of curb/gutter end drive approach and authorizing the collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends approval of agreement and adoption of Resolution. BACKGROUND: The owners of the property located at 2917 McCall Avenue have requested the City to construct curb/gutter, and drive approach along the frontage of their property. To assist in paying the construction costs the owners have entered into an agreement with the City to spread the construction costs over a three (3) year period, interest free, to be collected with their property taxes in accordance with Municipal Code Section 12.36.025. The resolution directs the Public Works Director to construct curb/gutter, and drive approach at 2917 McCall Avenue and authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. S/ April 18, 2002, 1:29pm G:\GROU PDAT~ADMINR~2~May 22~.lement-Admin-Report.w¥)d ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 18, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 2921 & 2925 McCall Avenue Curb & Gutter (Ward 7): 1. Agreement with property owner to pay for curb and gutter construction costs in installments and notice of special assessment lien. 2. Resolution confirming assessment for construction costs of curb and gutter and authorizing the collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends approval of agreement and adoption of Resolution. BACKGROUND: The owner of the property located at 2921 & 2925 McCall Avenue has requested the City to construct curb and gutter along the frontage of their property. To assist in paying the construction costs the owner has entered into an agreement with the City to spread the construction costs over a three (3) year period~ interest free, to be collected with their property taxes in accordance with Municipal Code Section 12.36.025. The resolution directs the Public Works Director to construct curb and gutter at 2921 & 2925 McCall Avenue and authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. SL Apd118, 2002. 1:35pm G :\G R OU PDA'~AD MIN R PT~2002~vlay 22~Chinn-Admin-Repoll.wpd ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 18, 2002 APPROVED DEPARTMENT HEAD ~//~--- CITY A'ri'ORNEY ~-~"~ CITY MANAGE~'-'~ ~ 2908 & 2916 McCall Avenue Curb/Gutter and Drive Approaches (Ward 7): 1. Agreement with the property owner to pay for curb/gutter and drive approaches construction costs in installments and notice of special assessment lien. 2. Resolution confirming assessment for construction costs of curb/gutter and drive approaches and authorizing the collection of assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends approval of agreement and adoption of Resolution. BACKGROUND: The owner of the property located at 2908 & 2916 McCall Avenue has requested the City to construct curb/gutter, and drive approaches along the frontage of their property. To assist in paying the construction costs the owner has entered into an agreement with the City to spread the construction costs over a three (3) year period, interest free, to be collected with their property taxes in accordance with Municipal Code Section 12.36.025. The resolution directs the Public Works Director to construct curb/gutter and drive approaches at 2908 & 2916 McCall Avenue and authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. SL Apd118, 2002, 1:37pm G:\G ROU p DATED MIN R P'~2002'~Mey 22~aldwin-Admin- R epo~t.wpd ADMINISTRATIVE MEETING DATE: May 22, 2002 AGENDA SECTION: ITEM: 8.q. REPORT Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Raul M. Rojas, Public Works Director April 16, 2002 Tract Maps/Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER (1) Final Map and Improvement Agreements with Communities At Westlake, LLC for Tract 6077 Unit 1 located along Olive Drive west of Calloway Drive. (Ward 4) (2) Final Map and Improvement Agreement with Communities At Westlake, LLC for Tract 6077 Unit 2 located south of Olive Drive west of Calloway Drive. (Ward 4) (3) Final Map and Improvement Agreements with Campus Park Development, LLC for Tract 6082 Unit 1 located south of Campus Park Drive and east of Mountain Vista Drive. (Ward 5) (4) Final Map and Improvement Agreement with Campus Park Development, LLC for Tract 6082 Unit 2 located south of Campus Park Drive and East of Mountain Vista Drive. (Ward 5) (5) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993 Phase 1 located south of Snow Road and west of Calloway Drive. (Ward4) (6) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993 Phase 3 located south of Snow Road and west of Calloway Drive. (Ward 4) (7) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993 Phase 4 located south of Snow Road and west of Calloway Drive. (Ward 4) (8) Final Map and Improvement Agreements with Kyle Carter Homes Inc. for Tract 5993 Phase 5 located south of Snow Road and west of Calloway Drive. (Ward 4) (9) Final Map and Improvement Agreement width Kyie Carter Homes, Inc. for Tract 6003 Phase 3 located south of Krebs Road and west of Mohawk Street. (Ward 4) (10) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6003 Phase 4 located south of Krebs Road and west of Mohawk Street. (Ward 4) PE: urs G:\GROUPDAT~ADMINRPT~2OO2\May 22\MAPS&IMPAGR.wpd May 10, 2002, 1:27pm ADMINISTRATIVE REPORT (11) (12) (13) (14) (15) (16) (17) Final Map and Improvement Agreements With Rosedale Construction Company for Tract 5625 Unit 1 located south of Olive Drive and west of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Rosedale Construction Company for Tract 5625 Unit 2 located south of Olive Drive and west of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Riverlakes Enterprises, LLC for Tract 6005 Phase 1 located south of Hageman Road and west of Coffee Road. (Ward 4) Final Map and Improvement Agreement with Stuart Thomas Incorporated, DBA Lenox Homes for Tract 6064 Phase 1 located south of Berkshire Road and east of South H Street. (Ward 7) Final Map and Improvement Agreements with Soper Homes, Inc., for Tract 6038 located south of Brimhall Road and west of Jenkins Road. (Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6013 Phase 3 located north of Hageman Road and east of Fruitvale Avenue. (Ward 4) Final Map and Improvement Agreements with Sierra West Estates for Tract 5362 Phase 3 located east of Wible Road and south of Hosking Avenue. (Ward 7) RECOMMENDATION: Staff recommends approval of the Agreements BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such Improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. PE; uts G:\G~OUPDAT~.DMIN RPT~2002\May 22\MAPS&IMPAGR.wpd May 10, 2002, 1:27pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 2, 2002 APPROVED DEPARTMENT HEAD CITY ATTOR EN~Y~?-- CITY MANAGER SUBJECT: Agreement with Caliente Union School District, a non-profit organization, to purchase fifteen (15) surplus computers and three (3) surplus printers from the City for $1.00 each for a total of $18.00. RECOMMENDATION: Staff recommends sale of surplus computers and printers. BACKGROUND: The Finance Director has received a request from Caliente Union School District to buy fifteen (15) surplus, used computers and three (3) surplus, used printers. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a government entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being "sold as it and with ail faults" to remove the City from any potential liability claims. P:~ADMIN~.002 ADMIN\C02_0522B Sale of Used Computers & Printers.wpd GJK:DW:Ijm May 2, 2002, 3:23pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.s. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 2, 2002 APPROVED DEPARTMENT HEAD CITY A'rrORNE~Y ~'~-~--z_-~ CITY MANAGER SUBJECT: Agreement with Bakersfield S.P.C.A., a non-profit organization, to purchase one (1) used police sedan for $1,200.00. RECOMMENDATION: Staff recommends sale of surplus sedan. BACKGROUND: The Finance Director has received a request from Bakersfield S.P.C.A. to purchase one (1) used police sedan. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any' sale to a government entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being "sold as it and with all faults" to remove the City from any potential liability claims. P:'~ADMIN~002 ADMIN\C02_0522C Sale of Surplus Sedaa.wpd GJK:DW:Ijm May 2, 2002, 3:24prn ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8o 1;. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 6, 2002 APPROVED DEPARTMENT HEAD o,TYA OR CITY MANAGER SUBJECT: Agreement with Bakersfield Association for Retarded Citizens, a non-profit organization, to purchase ten (10) surplus laptop computers from the City for $1.00 each for a total of $10.00. RECOMMENDATION: Staff recommends sale of surplus laptop computers. BACKGROUND: The Finance Director has received a request from the Bakersfield Association for Retarded Citizens to buy ten (10) surplus, used laptop computers. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a government entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being "sold as it and with all faults" to remove the City from any potential liability claims. P:'~ADMIN~2002 ADMIN~C02_0522D Sale of Surplus Computers.wpd GJK:DW:Ijm May 6, 20021 1:21pm ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEAD May 9, 2002 CITY ATTORI~'E.Y~ CITY MANAGER~ Two-year lease agreement with The Housing Authority of the County of Kern for $4,800 annually for office space at 1630 East 11th Street. (Ward 1) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In an effort to bring police services closer to the community, the Bakersfield Police Department is looking to open two satellite offices, one in the Lakeview Avenue area and another in the South High School area. These offices will be open during typical business hours (8:00am to 5:00pm, Monday through Friday) and will be staffed on a full time basis by non-sworn personnel (cdme prevention specialists and police service technicians) and part time by swom police officers. The office will enhance the community policing efforts of the police department by giving the community easier access to police services and by physically situating a police facility in the neighborhood. Both offices are scheduled to be operational by July 1st. The police department expects to provide cdme prevention services from these offices, including neighborhood watch programs and senior safety programs. Each office will have a community meeting area and residents of the area will be encouraged to use the facility for community meetings. Police reports and vehicle impound releases will eventually be available from these satellite offices. Attached for your consideration is the lease for the southeast area satellite office which is to be located at 1630 East 11th Street. The terms of the lease are: two year primary term with an option to extend for t~vo more years; the City will be leasing approximately 725 rentable square feet with an annual rent of $4,800 (modified gross basis). The City will be paying for all utilities and the landlord will be paying for all common area maintenance charges and real estate taxes. This location provides the police department with high visibility and easy access for the public. On May 14, 2002, the Board of Zoning Adjustment granted the City/Housing Authority a Conditional Use Permit to operate an office in a R-2 zone. ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.v. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2002 DEPARTMENT HEAD CI'I'YArrORNEY(~ ClTY MANAGER . APPROVED SUBJECT: Contract Change Order No. 2 to Agreement No. 01-064 with Granite Construction in the amount of $177,133.46 (for a total contract amount of $2,274,581.38) for the White Lane Street Resurfacing and Street Widening Construction from Wilson Road to Dovewood Street Project. (Ward 6) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the resurfacing and reconstruction of White Lane between Wilson Road and Dovewood Street. This change order provides for roadway stabilization on White Lane from Stine Road to Wilson Road. After removal of the pavement on the north side of White Lane from Stine Road to Wilson Road, a large number of areas were found to be saturated with water which created an unstable surface for roadway construction. In order to stabilize these areas, a combination of treating the unstable soil with cement and digging out and replacing the unstable soil will need to be done. The type of treatment will depend on the severity of the problem in each area of saturation. The contractor has agreed to treat and stabilize the north side of White Lane with the above mentioned methods for the lump sum price of $77,133.46. The pavement on the south side of White Lane has yet to be removed; however, staff is expecting to see conditions on the south side similar to those found on the north side. Since the extent of the problem is unknown and in order to minimize the impact to traffic as well as the businesses on the south side, staff recommends the contractor be authorized to proceed on a Time and Materials (force account) basis to remedy any unstable areas up to $100,000.00. Should additional work be needed over and above this amount, Staff would issue a supplementary Change Order to be approved by Council. The total cost of this contract change order is $177,133.46. Sufficient funds are budgeted to cover this change order. May 9, 2002, 3:41pm G:\GROUPDAT~ADMINRPT~.002'~vlay 22\CCO 2 White Ln Reconstruct.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2002 APP_ROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~_/ Contract Change Order No. 3 to Agreement No. 01-042 with Utah Pacific Construction Company in the amount of $79,491.40 (for a total contract amount of $7,930,185.80) for the Construction of Buena Vista Trunk Sewer Phase II and Widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane. (Ward 4) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the construction of a Trunk Sewer Line from Buena Vista Road at White Lane to Waste Water Treatment Plant #3 and widening Buena Vista Road from White Lane to the San Joaquin Valley Railroad. This Change Order provides for the removal of obstructing oil lines, removal of median curb and regrading of Buena Vista Road, and adjusting manholes to match roadway and median grades. During the course of constructing the trunk sewer line, several abandoned oil lines have been encountered. These oil lines obstruct the contractors ability to construct the trunk sewer. As such, the oil lines must be removed and, in one case, a roadway bore extended by 10 feet. The contractor has agreed to perform this work for the lump sum price of $35,779.16. Dudng the construction of the median curb on Buena Vista Road, portions of the existing roadway did not correctly match the new median curb height. This required the curb heights to be redesigned, and the contractor to remove the affected median curb and regrade the roadway to provide for the proper median curb height. The contractor has agreed to do this work for the lump sum price of $32,296.85. This work also requires a contract time extension of twenty-three (23) working days. Eight (8) manholes on the project were discovered to be too Iow in relation to road shoulder and median grades. As such, the contractor must excavate and raise these manholes to the proper grade. The contractor has agreed to accept a lump sum pdce of $11,415.39 to perform this work. The total amount of this Change Order is $79,491.40 which can be paid through existing project funds. dns May 9, 2002, 12:04pm G:~GROUPDAT~ADMINRPT~002Wlay 22~CCO 3 Buena Vista Sewer Ph 2.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.x. TO: Honorable Mayor and City Council FROM: Gregory J, Klimko, Finance Director DEPARTMENT HEAD ..~ DATE: May 10, 2002 CITY A'l-rO .~ CITY MANAGER SUBJECT: APPROVED IBM pSeries Computer Systems 1. Accept Bid to award contract to Jeskell, Incorporated, $171,719.33, to furnish, configure and install iBM pSeries Computer Systems and associated software. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: The two computers being purchased will run the new Versaterm Computer Aided Dispatch and Records Management Systems in the Police Department, previously approved by Council at the May 16, 2001 meeting. invitations were sent to five (5) vendors.. Three acceptable bids were received. Jeskell, Incorporated 3201 4 St NW Albuquerque, NM 87107 in the amount of $171,719.33 CCS 2532 White Road Irvine, CA 92614 in the amount of $176,688.00 Chouinard and Myhre, Inc. 22490 Gold Rush Lane Clovis, CA 93611 in the amount of $218,748.10 GJK:RLT May 10, 2002, 8:48am P:\DOCUMENT~COUNCIL~Admin for Jeskell pSeries 640.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8..y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2002 Mohawk Sewer Installation Phase II (Ward 4): DEPARTMENT HEAD //A/~OVED CITY ATTORNEY ~/~ CITY MANAGER Accept bid and award contract to Utah Pacific Construction $2,295,320 for -constructing Mohawk Sewer Installation Phase I1. Transfer $299,500 of Capital Improvement Program Budget Appropriations from the Sewer Rehabilitation - Red Lion Project to the Mohawk Sewer Installation Project within the Sewer Enterprise Fund. Appropriate $1,230,000 fund balance to the Capital Improvement Program Budget within the Sewer Enterorise Fund, RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of transfer and appropriation. BACKGROUND: The sewer system serving the area west of Highway 99 and adjacent to Rosedale Highway requires continual maintenance and is inadequate to meet projected growth. This project will construct a sewer that will connect the area to an existing sewer line in Brimhall Road. This is the second and final phase of a sewer system that will meet the needs of current and future sewer service requirements in the area. The first phase extended the sewer in Brimhall Road east under the Friant-Kern Canal. The initial Iow bidder, Whitaker Contractors, contacted staff after the bids were opened and stated that they had made a mistake in their bid calculations. Per the specifications, a bidder may withdraw their bid by providing evidence of a mistake. They furnished proof of the error and were allowed to withdraw from the bidding. The engineer's estimate for the project is $3,050,000. Eight bids were recei'ved on April 9, 2002 as follows: Whitaker Contractors, Inc 22985 El Camino Real Santa Margarita, CA Utah Pacific Construction 40940 Eleanora Way Murrieta, CA 92562 Out of town Out of town In the amount of In the amount of $1,758,028.00 (Contractor withdrew bid due to error) $2,295,320.00 Valverde Construction Out of town 10936 Shoemaker Ave. Santa Fe Springs, CA 90670 In the amount of $2,417,007.00 G:\GROUPDA'iSADMINRP'r~2002~May 22~Vlohawk Sewer Phase II.wpd May 9, 2002, 4:07PM J.H. @ 3590 PW Engineering ADMINISTRATIVE REPORT Page 2 S.J. Burkhardt 6901 Central Ave. Riverside, CA 90524 Out of town In the amount of $2,791,246.00 W. A. Rasic Construction 11126 Wright Road Lynwood, CA 90262 Colich Construction LP 1590 Francisco St. Torrance CA 90501 Out of town Out of town In the amount of In the amount of $2,930,560.08 $2,967,286.00 W.M. Lyles Co 1210 W. Olive Ave. Fresno, CA 93728 Vido Artukovichand Son 11155 Rush Street S. El Monte, CA 91733 Out of town Out of town In the amount of In the amount of $3,085,893.00 $3,389,747.00 G:\GROUPDAT~DMINRPT~002'uMay 22\Mohawk Sewer Phase ILwpd May 9, 2002, 4:07PM J.H.@3590 PW Engineering ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.z. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 2, 2002 APPROVED DEPARTMENT HEAD CITY ATI'O RN~f<~ CITY MANAGER SUBJECT: Accept bid from Municipal Maintenance Equipment, $153,201.26, for a Combination Drain and Catch Basin Cleaner for Street Maintenance division. (Additional) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to twenty eight (28) vendors. Four (4) bids were received, however, three (3) did not meet minimum specifications for the unit. One (1) bid is considered acceptable by staff. Municipal Maintenance Equipment, Inc, 2360 Harvard Street Sacramento, CA 95815 in the amount of $153,201.26 P:~ADMIN~2002 ADMIN\C02_0522A Combination Drain & Catch Basin Cleaner.wpd GJK:DW:Ijm May 3, 2002, 8:45am ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8oaa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director May 2, 2002 DEPARTMENT HEAD CITY MANAGER Reject all bids for Installation of Safety Railing at Smoke Hatches on Centennial Garden Arena Roof (Ward 2) RECOMMENDATION: Staff recommends to reject all bids and rebid the project. BACKGROUND: This project will install non-slip surfacing to the roof of the Centennial Garden Arena to allow access to the smoke hatches. In addition, steel safety railing and a safety cable will be installed along the access.This project was requested by the Centennial Garden Arena management staff and is budgeted in the Capital Improvement Program. The Engineer's Estimate for construction is $36,000. The only bid received was in excess of the available funds. Staff believes that a more aggressive advertisement of the project will result in receiving additional and more competitive bids. Garcia Roofing, Inc. 201 Mt. Vernon Avenue Bakersfield, CA 93307 (City) in the amount of $54,355.00 G:\GROU PDAT~ADMINRPT~2002~May 22~Centennial Garden Safety Railing.wpd ADMINISTRATIVE REPORT MEETING DATE: May 22~ 2002 I ITEM: 8.bb. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 8, 2002 APPROVED CITY MANAGER Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $189,726.32. RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Seam) for further action. Historically 5-7% is recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) General Services - Airpark Fire Safety (Haz Mat Plans & Inspections) Police (Alarm Violations & Misc. Activity) Risk Management (Property Damage Claims) Other TOTAL $114,185.48 19,157.54 9,375.10 7,809.15 8,395.00 28,881.34 1,922.71 The recommended write off amount is about .62% of total billing, or less than 1%. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 22.06% or $41,859.25 of the write off amount. In these cases, claims have been filed with the court. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. klg May 10, 2002, 11:06AM S:\KIMG\BILL\CONVERSION~ADMIN - WRITEOFFS052202.DOC ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.cc. TO: Honorable Mayor and City Council AP, PROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: May 13, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Tree Trimming - Community & Commercial Education Efforts RECOMMENDATION: The Urban Development Committee Recommends implementation of staff recommendations. BACKGROUND: The Urban Development Committee recently met to discuss tree ordinance enforcement and ways to improve the trimming of trees in Bakersfield. The Committee discussed the need to improve tree trimming tec.hniques used by both private property owners and professional tree trimmers. The committee reviewed various public educational efforts and discussed the possibility of requiring commercial tree trimmers be Certified Arborists to perform tree trimming work. Staff provided information of the potential licensing through certification of tree trimmers and recommended a program of voluntary certification. This approach would have limited economic impact on the existing tree trimmers and would focus on educational efforts rather than requiring licensing which could be difficult for some tree trimmers to obtain (since the tests are not offered locally and some tree trimmers may not speak English) and would be difficult to regulate. This approach would also be more cost effective for the City as it would not require additional staff. There are approximately 60-70+ tree trimming companies in Bakersfield and currently five Certified Arborists through the International Society of Arborists (ISA) in Bakersfield. Three of these are City employees in the Recreation and Parks Department including the City's Urban Forester. Several local tree trimming businesses advertise they have Certified Arborists on staff and growing public interest in the proper maintenance of trees is making Certification a plus for their business. Staff recommends the following voluntary educational efforts which would be targeted to educate professional tree trimmers operating in Bakersfield: Provide information on ISA Tree Worker and Arborist certifications. Encourage certification by conducting workshops with local tree maintenance professionals and explaining the benefits of proper tree maintenance from a client satisfaction and good business practices perspective. · Provide information on ISA certification programs and information on proper tree trimming techniques in English and Spanish. · Provide information on courses available through Bakersfield College for ISA certification preparation. · Provide information on courses, when available through the UC extension Farm and Home Advisor. ADMINISTRATIVE REPORT Page 2 The Committee also discussed providing general educational information for individuals and businesses who hire professionals to maintain their trees. Since many professional tree trimmers follow the tree trimming directions from their clients (particularly if they are not an International Society of Arborists (ISA) Certified Arborist) it is important that the public understand proper tree trimming techniques and work with qualified tree maintenance professionals. Therefore staff recommended the following steps be implemented: Provide public information videos and slide shows which could be broadcast on KGOV-TV which would present basic tree pruning techniques and urban forestry concepts regarding the proper planting and care of trees consistent with (ISA) guidelines. · Include information on proper tree trimming techniques in Recreation and Parks brochures. Create handouts and flyers which provide information on proper tree trimming techniques which would be available at various city public counters and can be distributed at home and garden stores, nurseries, the City wood waste facility and through public information sessions with schools, services clubs and at street fairs, etc. · Conduct informational sessions for the public on weekends in city parks demonstrating proper pruning techniques. Based on this information, the Urban Development Committee recommends implementing staff's recommendations. ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning April 23, 2002 AP PR~,VEI~' DEPARTMENT HEAD ~'~ CITY A'I'I'ORNEY Y~ ClTY MANAGER ~' Concurrent General Plan Amendment/Zone Chanae P01-0822 (Ward 4) Floyd Hinesley has proposed a General Plan Amendment and an ordinance amendment for approximately 40 acres, located at the northeast corner of Noriega Road and Allen Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-intensive Agriculture) to LR (Low Density Residential). Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 101-13 from A (Agriculture) to an R-1 (One Family Dwelling) zone. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment and first reading of the Ordinance. BACKGROUND: This amendment to the General Plan would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this General Plan Amendment'Zone Change and recommended City Council approval on April 4, 2002. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 1,2002, in accordance with CEQA. MO (admin\m ay\5-22-0822) April 30, 2002, 11:23am ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning April 23, 2002 APPROVED DEPARTMENT HEAD~/~. CITY ATFORNE~"~ J/~ CITY MANAGER ~ Concurrent General Plan Amendment/Zone Chanoe P01-0916 (Ward 4) The City of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. There was an appeal to the Planning Commission decision on the Zone Change item. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Suburban Residential) to OC (Office Commercial). Ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - 5 acres minimum) to C-O/PCD (Professional and Administrative Office Commercial/Planned Commercial Development) on 5 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment and overturning the Planning Commission recommendation giving the first reading of the Ordinance. BACKGROUND: This amendment to the General Plan would permit the development of Office Commercial uses on the project site. The City of Bakersfield has been working with the property owner to acquire right-of-way for the improvement of both Brimhall and Jewetta Roads. For the property owner's cooperation, staff agree to request this change in zone. Opposition from the neighboring residential property owners to the north and west of the project site surfaced during the Planning Commission hearings. Concerns ranged from location of the office building to traffic generated by the project. The Planning Commission recommended adoption and approval of the General Plan Amendment as requested with a condition that the developer submit a Planned Commercial Development zone prior to development of the site. The Planning Commission recommended denial of the zone change. The applicant (city staff) appealed the Planning Commission's decision in order to receive a zone district designation April 25, 2002, 8:31am ADMINISTRATIVE REPORT Page 2 for the site prior to completion of the annexation to the city limits. According to State Law, if no zone designation is approved prior to completion of the annexation the developer must wait two years after the completion of the annexation in order to change the zone. In addition, the city will be able to complete greatly needed improvements on both Brimhall Road and Jewetta Road. To wait two years in the quickly growing area of the city is inappropriate. There is no commercial office zoning within a mile of this site. There is a great need to provide professional office opportunities in this neighborhood so that people may work close to where they live. Approving a CO/PCD zone district achieves the intent of both the Planning Commission and the property owner while providing a forum for the neighborhood to discuss the project when development plans are finalized. Staff conducted an initial study and it wes determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 8, 2002, in accordance with CEQA. MO (adrnin~may~5-22-0916) April 25, 2002, 8:31am ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 1,2002  ED DEPARTMENT HE~z~,,,~, C,T ATrOR.E CITY MANAGER~' ?~_~ Concurrent General Plan Amendment/Zone Change P01-1014 (Ward 7) The Lusich Company has proposed a General Plan Amendment and an ordinance amendment for approximately 98.39 acres, located east of Wible Road between Berkshire Road and Hosking Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR (Low Medium Density Residential) and HR (High Density Residential) to LR (Low Density Residential) on 98.39 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-25 from A-20A (Agricultural-20 Acre Minimum Lot Size) to R-1 (One- Family Dwelling) on 98.39 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the Ordinance. BACKGROUND: Subject site is in the path of the southerly expansion of the City. Single-family dwellings are being constructed to the north and west of the subject site. Scattered single-family residential development is located along the east side of Wible Road and the south side of Hosking Avenue. The General Plan designates all of Section 25 for urban development (LR, LMR, HR, and GC) with the exception of Greenlawn Cemetery (P). The Planning Commission approved this General Plan Amendment/Zone Change on this General Plan Amendment/Zone Change, and recommended City Council approval on April 4, 2002. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 1, 2002, in accordance with CEQA. RED (admin\rnay\5-22-1014) May 1, 2002, 10:3-3am ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Hearings ITEM: 9.d. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning April 30, 2002 DEPARTMENT CITY A'I"I"ORNEY ? ClTY MANAGER SUBJECT: Concurrent General Plan Amendment/Zone Chanoe No. P01-1018 (Ward #4) Castle and Cooke has proposed a General Plan Amendment for approximately 49 acres and an ordinance amendment for approximately 41 acres, located along the north side of White Lane generally between Buena Vista Road and Allen Road. The applicant has submitted an appeal to the Planning Commission recommendation to deny the GPA change from OS-P (Open Space - Parks) to LR (Low Density Residential) on 8 acres. Resolution approving the Negative Declaration and overturning the Planning Commission recommendation by adopting the requested General Plan Amendment to change land use designations from HMR (High Medium Density Residential), GC (Regional Commercial) and OS-P (Open Space - Parks) to LR (Low Density Residential) on approximately 49 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 122-12 from R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) to R-1 (One Family Dwelling) zone on 41 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and overturning the Planning Commission recommendation to deny the parkland change and approve the requested general plan amendment and first reading of the Ordinance. BACKGROUND: The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended that the City Council approve a portion of the GPA relative to the HMR and GC areas and the requested Zone Changes at their April 4, 2002, meeting. The Planning Commission denied by a 4 to 3 vote the portion of the GPA that dealt with the elimination of the OS-P designation for a planned park north of White Lane east of Allen Road. The Planning Commission determined that the elimination would not be in the best interest of the neighborhood of Seven Oaks West development because the nearest neighborhood park to the future residential area is not in walking distance. The applicant and city staff representatives in negotiations over park requirements have agreed that in-lieu fees, park credits for the area and previous agreements with the City should be sufficient for the provision of parkland acreage in the regional area. The parklands to serve the May 9, 2002, 8:53am ADMINISTRATIVE REPORT area developed and/or to be developed are located along the north side of White Lane just west of Buena Vista Road (6 acre Windermere Park), west of Buena Vista Road north of Ming Avenue (2.38 acres for the new Fire Station/Police Substation) and at the intersection of Buena Vista Road and Stockdale Highway (future 30 acre Rio Vista Community Park). The City Recreation & Parks Department has stated that it supports the requested elimination of the Open Space-Parks designation and would accept the in-lieu park acquisition fee from the applicant. The decision is based on the following: · Neighborhood park needs for this area will be met by the newly completed Windermere Park, and the future Rio Vista Community Park. · Additional neighborhood park amenities to serve this community will be provided as outlined in City Council Resolution No. 011-01. This council action allows development fees collected in this park improvement fund zone to be used for improvements at the Rio Vista Community Park site. · Policy #9 of Chapter XI-Parks Element, of the Metropolitan Bakersfield 2010 General Plan states the following: "Allow neighborhood park requirements to be met by community parks when community parks are situated within or at the boundaries of neighborhoods and when they provide equivalent facilities (I-9)." · The open space designation property located adjacent to Allen Road, a major arterial street, would be developed as a neighborhood park. Policy #47 of the Parks Element of the Metropolitan Bakersfield 2010 General Plan states the following: "Neighborhood parks should be located adjacent to collector or local streets, rather than arterial streets." · Private open space is extensive in this community and while not providing public recreational opportunities, it does provide the community with open space view corridors. · An alternative funding method would need to be identified to acquire and improve the additional land (approximately four acres) over and above the applicants requirement. The applicant is required to dedicate approximately four acres of land. The total planned open space is 8.18 acres. No other significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant has agreed to all conditions and mitigation for the project. The Planning Commission's decision would leave the eight acre park in limbo - planned but not needed nor funded, zoned for residential development but precluded from that by the general plan. Sale of the acreage the City controls adds revenue needed to develop Rio Vista Park at Stockdale Highway and Buena Vista Road. Development of the eight acre park would further reduce the resources available for development of Rio Vista Park. Staff conducted an initial study and it was determined that the requested project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 14, 2002, in accordance with CEQA. MO (admin~may~5-22-1018) May 9, 2002, 8:53am ADMINISTRATIVE REPORT IMEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9~e.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning April 23, 2002 DEPARTMENT H E~__ CITY ATrORNE/Y ///~ CITY MANAGER j/z~ Concurrent General Plan Amendment/Zone Chance P01-1019 (Ward 4) Castle & Cooke, California, inc. has proposed a General Plan Amendment and an ordinance amendment on two sites consisting of 61.12 acres: Site 1 - General Plan Amendment from HMR (High Medium Density) to LR (Low Density Residential) and zone change from R-2 (Limited Multiple-Family Dwelling) to R-1 (One-Family Dwelling) on 17.67 acres located along the .northwest corner of Stockdale Highway and the Jewetta Avenue alignment. Site 2 - General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and zone change from R-1 (One Family Dwelling) to R-2 (Limited Multiple-Family Dwelling) on 43.45 acres, located along the south side of the Kern River Freeway Specific Plan Line, the easterly side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment. Castle & Cooke, California, Inc is also requesting deletion of "mitigation measure/condition number 29" of both Resolution No. 70-97 and Ordinance No. 3774 concerning deletion of a 20 foot wide equestrian trial easement, deletion of a equestrian staging area and picnic area with improvements and deletion of a "policy for park development credit". Resolution approving the Negative Declaration and adopting the General Plan Amendment to changing the land use designations from LMR to LR on 17,67 acres, changing the land use designations from LR to LMR on 43,45 acres and amending "condition number 29 of City Council Resolution 70-97". Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-2 to R-1 on 17.67 acres, from R-2 to R-lon 43.45 and amending "condition number 29 of Ordinance Number 3774. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment and first reading of the Ordinance. April 23, 2002, 11:20arn ADMINISTRATIVE REPORT Page 2 BACKGROUND: The request rearranges the density within a large area owned by the applicant. The opportunity for multi-family residential is not lost and is more centrally placed within the applicant's property. "Condition number 29 of City Council Resolution 70-97" and Ordinance Number 3774" was of particular interest to the equestrians in the community. Deletion of "condition Number 29" would have expunged the requirements for an equestrian easement, an equestrian staging area and picnic area and financial assistance to the city of $30,000.00 for improvements to the staging and picnic areas. The request was denied by the Planning Commission. The condition was modified but still requires dedication of an equestrian trail, parking lot and construction of various improvements. The Planning Commission conducted a public hearing on this General Plan Amendment/Zone Change and recommended City Council approval on April 4, 2002. The applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration, with mitigation, was prepared and posted on March 1,2002, in accordance with CEQA. RED (adm in,nayS5-22\1019) May 1,2002, 3:11pm ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9.t=. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 8, 2002 AF'm O, D DEPARTMENT HEA~)'~ .~,~.~ CITY ATTORNEY~-~'~ CITY MANAGER SUBJECT: Concurrent General Plan Amendment/Zone Chsn(;le NO. P01-1022 (Ward 4) Michael Dhanens Architect has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 7.46 acres of land and change the zoning from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family) on the same 7.46 acres, located adjacent on the north side of Brimhall Road, approximately one quarter mile east of Jewetta Avenue. 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 SR (Suburban Residential - less than or equal to 4 dwelling units per net acre) to LMR (Low Medium Density Residential - more than 4 and up to 10 dwelling units per net acre) on 7.46 acres. 2) An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-30 from R-l-CH (One Family Dwelling- Church) to R-2 (Limited Multiple Family Dwelling) on 7.46 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment and first reading of the Ordinance. BACKGROUND: The purpose of the proposal is to allow Low Medium Density Residential development on the project site (see Exhibits A & B). The proposal would not conflict with existing adjacent land uses. A church is located adjacent on the east side of the project site. Low medium density residential dwelling units have been constructed on the west side of the project site. Brimhall Road is designated as an Arterial, which is adjacent on the south side of the project site. Single family residential dwelling units exist south of Brimhall Road. The properties adjacent to the north are zoned and developed for Residential Suburban (R-S) uses. These properties are under the jurisdiction of Kern County. Section 17.08.150 of the City of Bakersfield Municipal Code requires a 50' setback for dwelling units adjacent to property May 7, 2002, 4:28pm ADMINISTRATIVE REPORT zoned Residential Suburban (R-S). Such a required setback would prevent any potential conflicts between the two residential uses. The Planning Commission conducted a public hearing for this General Plan Amendment/Zone Change and recommended City Council approval on April 4, 2002. The Conditions of Approval proposed in Exhibit C are standard conditions necessary for future development of the project site. Within a one mile radius there is a single site designated for multi-family residential development. It is a housing element policy to provide a range of housing types to serve all economic segments of our community. The Planning Commission concluded its review of the proposal by recommending that the Planning Director should ensure that all landscaping is compatible with adjacent properties upon site plan review. wC (adm in~may~5-22-1022) May 7, 2002, 4:45pm ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 7, 2002 =ED DEPARTMENT HEA~ General Plan Amendment No. 02-0006 (Ward 3) The City of Bakersfield has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HMR (High Medium Density Residential) to OC (Office Commercial) on .85 acres of land, located adjacent on the east side of Oswell Street, just north of Glenbrook Avenue. 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 HMR (High Medium Density Residential) to OC (Office Commercial) on .85 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the general plan amendment. BACKGROUND: The purpose of the proposed general plan amendment is to correct the existing land use designation for the subject site (see Exhibit A). The site was zoned C-O (Professional and Administrative Office) in 1965. The property is still zoned C-O. However, in 1990, the site was mistakenly designated HMR under the Metropolitan Bakersfield 2010 General Plan. On February 12, 2002, the City of Bakersfield Board of Zoning Adjustment approved a conditional use permit (CUP No. 02-0016) for the same .85 acre site to allow a restaurant (3,000 sq. ft.) with on-site alcohol consumption and outdoor seating for up to 30 people, and a modification to allow a reduction in the rear and side yard setbacks adjacent to the proposed structure from 20 feet to 12 feet (BZA Resolution No. 02-06 - see Exhibit D). The applicant of the conditional use permit intends to build a 8,400 sq. ft. building. The restaurant will utilize 3,000 square feet of the structure. The remaining square footage (5,400 sq. ft.) is proposed for office space. The outdoor seating is proposed on the May 7, 2002, 4:07pm ADMINISTRATIVE REPORT Pago 2 east side or behind the building and is defined as the garden area (see Site Plan in Exhibit D). The conditional use permit requires a six foot high block wall along the various property boundaries of the site. While not stipulated as a condition, BZA Resolution No. 02-06 does indicate that the proposed general plan amendment would be necessary to correct the existing land use map designation. The proposal would establish a type of horizontal mixed use development. The properties adjacent to the site contain high medium density residential and single family residential uses. The Metropolitan Bakersfield 2010 General Plan generally supports mixed use development if proposals do not create land use conflicts with adjacent properties. There are no existing site constraints that would create land use conflicts. In addition, any future Office Commercial development would require prior approval by the City of Bakersfield Site Plan Review Committee (Section 17.08,060 of the City of Bakersfield Municipal Code). Section 17.08.090 of the City of Bakersfield Municipal Code requires adequate screening of residential rear yards adjacent to multi-story office commercial development. The Planning Commission discussed the issue of adequate parking regarding the office commercial, restaurant, and outdoor seating uses. The Planning Commission was concerned that the project would not meet the City's parking requirements. The 8,400 sq. ft. office commercial building, which includes the restaurant, requires a total of 42 parking spaces. The 30 seat outdoor eating area requires a total of 15 parking spaces. The proposed site plan illustrates only 48 parking spaces, thereby lacking at total nine (9) required parking spaces. The Board of Zoning Adjustment addressed the issue by requiring the applicant to either reduce the square footage of the office commercial building or reduce the number of seats proposed for the outdoor seating area (see Resolution No. 02- 06, Condition No. 11(5) in Exhibit D). The project is consistent with the policies of the Metropolitan Bakersfield 2010 General Plan. All existing commercial zoning was supposed to be taken as a "Given" in development of the 2010 General Plan. The project site was "Overlooked" possibly because of its small size. Therefore, staff would recommend approval of the proposal to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HMR (High Medium Density Residential) to OC (Office Commercial) on the subject .85 acres. WC (admin~may~5-22-0006) May 7, 2002, 4:07pm ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 IAGENDA SECTION: Hearings ITEM: 9.h. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning April 23, 2002 AEI~ROVED DEPARTMENT HEA~'~_,~, CITY AI'rORN~?~/ /-~ CITY MANAGER ~ SUBJECT: Concurrent General Plan Amendment/Zone Chanae 02-0106 (Ward 4) The City of Bakersfield's Water Resoumes Department has proposed a General Plan Amendment and zone change for approximately 40.44 acres, generally located along the northerly sides of Stockdale Highway and the Cross Valley Canal, the southerly side of the Rio Bravo Canal and approximately one-half mile east of Allen Road. Resolution approving the Notice of Exemption and adopting the General Plan Amendment to change land use designations from LR (Low Density Residential) and GC (General Commercial) to OS-P (Open Space-Parks and Recreational Facilities). Ordinance approving the Notice of Exemption and amending Title 17 of the Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-1 (One-family Dwelling) and C-2 (Regional Commercial) to OS (Open Space). RECOMMENDATION: Staff recommends adoption of the resolution adopting the Notice of Exemption and approving the General Plan Amendment and first reading of the Ordinance. BACKGROUND: This amendment to the General Plan acknowledges the previous City Council decision to establish a water recharge facility wity related recreational uses. This facility will contain a lake, equestrian trail, bike path, soccer fields and related improvements. Construction is now under way and will be completed in the near future. This General Plan Amendment was approved by the Planning Commission on April 4, 2002. Pursuant to CEQA, Section 15061(b)(3) General Rule the project does not have the potential to adversely the environment and is exempt from CEQA. Staff prepared a Notice of Exemption from CEQA. The Notice of Exemption, General Plan Amendment and Zone Change were published in The Bakersfield Californian and posted on March 1,2002. RED (admin\may-5-22-0106) April 23, 2002, 10:40am RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING NOTICE OF EXEMPTION AND ADOPTING OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, APRIL 1,2002 and THURSDAY, APRIL 4, 2002, on General Plan Amendment 02-0106 of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian. a local newspaper of general cimulation; and WHEREAS, such General Plan Amendment of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: Plan Amendment 02-0106 The City of Bakersfield Water Resources Department has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from from LR (Low Density Residential ~7.26 Dwelling Units Per Net Acre) and GC (General Commercial) to OS (Open Space) on 40.44 acres located between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale Highway; and WHEREAS, for the above-described project, it was determined that the proposed project would not have a significant effect on the environment and a Notice of Exemption was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of a Notice Of Exemption as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 26-02 on April 4, 2002 the Planning Commission recommended approval and adoption of General Plan Amendment 02-0106 subject to conditions of approval listed in Exhibit "1" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 22, 2002 on the above described General Plan Amendment 02-0106 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The proposed project will not have a significant effect on the environment and subsequent to CEQA, General Rule, Section 15061. (b)(3) '~/Vhere it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." 6. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. 2. The Notice of Exemption for General Plan Amendment 02-0106 is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment 02- 0106 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "2", attached hereto and incorporated as though fully set forth, for property generally located between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale Highway subject to conditions of approval shown on Exhibit "1'. 5. That General Plan Amendment 02-0106, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... o0o ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNC[LMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: S:\Dole\02-0106\CC GPAR.wpd EXHIBIT "1" General Plan Amendment/Zone Change 02-0106 Conditions of Approval Public Works Department Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, provide fully executed dedication for Jewetta Avenue and Stockdale Highway to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance Distdct with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. RED S:~)ole~02-0106~F-xhibit 1 Cond.wpd ORDINANCE NO. AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONE MAP NOS. 101-36 AND 122-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO OS (OPEN SPACE) ON 40.44 ACRES GENERALLY LOCATED BETWEEN SNOW ROAD, REINA ROAD, JEWE'rrA AVENUE AND ALLEN ROAD. (02-0106) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located between Snow Road, Reina Road, Jewetta Avenue and Allen Road; and WHEREAS, by Resolution No. 27-02 on April 4, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve OS zoning as delineated on attached Zoning Map Nos. 101-36 and 122-01 marked Exhibit "2", by this Council and this Council has fully considered the recommendations make by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a Notice of Exemption of environmental impact and changes in zoning of the subject property from OS to R-1 and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of a Notice of Exemption, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Notice of Exemption was advertised and posted on March 1,2002 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows LR (Low Density), GC (General Commercial) and OS-P (Open Space-Parks and Recreational Facilities development); and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The primary purpose of the project is a water spreading ground in extremely wet years while in dry years the site's secondary purpose will be that of a lake and soccer field. The proposed project will not have a significant effect on the environment and subsequent to CEQA, General Rule, Section 15061. (b)(3) "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the requested zone change. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Notice of Exemption is hereby approved and adopted. 3. FiLe the Notice of Exemption. Upon approval and adoption of the project, the Planning division of the Development Services Department is hereby directed to file a Notice of Exemption with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. 4. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property are shown on Map Nos. 101-36 and Map Nos. 122-01 Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ,-000 ...... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR ~theCi~ of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:. S:'~Dole\02-0106\CC OZC 1 .wpd EXHIBIT "1" General Plan Amendment/Zone Change 02-0106 Conditions of Approval Public Works Department Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, provide fully executed dedication for Jewetta Avenue and Stockdale Highway to artedal standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. RED S:~31e\02-O106~Exhibit 1 Co~d.wpd EXHIBIT "B" NOTICE OF EXEMPTION B A K E R S F I E L D NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, APRIL 1, 2002, in the Council Chambers in City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, APRIL 4, 2002, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: The project to be considered: General Plan Amendmen'dZone Change 02-0106 Applicant is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from LR (Low Density Residential) and GC (General Commercial) to OS (Open Space) on 40.44 acres and a zone change from R- 1 (One Family-Dwelling) and C-2 (Regional Commercial) to OS (Open Space) on 40.44 acres. This site will be used primarily as a water spreading ground. Secondary uses will be recreational uses such as soccer. Project location: Site is located between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale Highway, a portion of the S % of the SE ¼ of S 36, T 29 S, R 26 E MDB&M. 3, The name and address of the project applicant: City of Bakersfield Water Resources Department Bakersfield, CA, 93301 NOTICE IS ALSO HEREBY GIVEN that the Planning Department of the City of Bakersfield has determined that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the General Rule Section 15061 (b)(3). Staff has found that the proposal will not have a significant effect on the environment. The Notice of Exemption may be inspected at the Planning Department (contact Richard Dole) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (661) 326-3733, or by e-mailing the department at plannino~d.bakersfield.ca.us. Our website address is ci.bakersfield.ca.us. PUBLIC COMMENT regarding the proposed project will be accepted, in writing, on or before the hearing date indicated above pt the Plannina Deoartment. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield pdor to the dose of the headng. DATED: March 1, 2002 POSTED: March 1, 2002 S:~Dole~02-0106~PC NOPH.wpd Dennis C. Fidler Building Director (661) 326-3720 Fax (661) 325-0266 BAKERSFIELD Development Services Department Jack Hardisty, Director March 1,2002 Stanley C. Grady Planning Director (661) 326-3733 Fax (661) 327-0646 TO: SUBJECT: Responsible or Other Interested Agency Notice of Public Headng and Notice of Exemption from the California Environmental Quality Act Pursuant to the California Environmental Quality Act (CEQA), the City of Bakersfield will be the Lead Agency and will prepare a Notice of Exemption for the project identified on the attached notice. We would appreciate the views of your agency as to the scope, content and adequacy of the environmental information which is applicable to your agency's statutory responsibilities in connection with the proposed project. In order to review and consider your comments on this project, please send your response no later than 20 days after receipt of this notice to Richard Dole, the project planner assigned to this case, at the address indicated above. In your response, please include the name of the contact person in your agency. Pursuant to the Planning and Zoning Law of the California Government Code, notice is hereby given that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. Said hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, April 1, 2002, in the Council Chambers at City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The bearing will be continued to take testimooy from others at 5:30 p.rn., or as soon thereafter as the matter may be heard on THURSDAY, April 4, 2002, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301. For more information, please call the department at (805) 326-3733. Sincerely, Richard Dole Associate Planner RD:djl City of Bakersfield ° 1715 Chester Avenue · Bakersfield, California ° 93301 Dennis C. Fidler Building Director (661) 326-3720 Fax (661) 325-0266 BAKERSFIELD Development Services Department Jack Hardisty, Director March 1,2002 Stanley C. Grady Planning Director (661) 326-3733 Fax (661) 327-0646 Dear Property Owner or Other Interested Party: You are being sent the attached notice because the Kern County tax records indicate you own property in a proposed project area or within 300 feet of a proposed project (see attached map), or you have specifically requested this notice be sent to you. The attached notice describes the proposed project and draft Notice of Exemption from the California Environmental Quality Act the City of Bakersfield is currently processing. Through this notice, we are informing you of your oppormmty to comment either in favor or against the proposed project. You should express your comments at the public hearing indicated on the attached notice. However, if you are unable to attend this heating, you may submit written comments to this department or contact me by telephone prior to the hearing so that your comments can be considered by the Planning Commission. Sincerely, Richard Dole Associate Planner RD:djl s:~orms~staffmoticc\prop own Im City of Bakersfield ° 1715 Chester Avenue ° Bakersfield, California ° 93301 NOTICE OF EXEMPTION - TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: General Plan AmendmentFZone Change 02-0106 Project Location-Specific: Located between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale Highway, S % of the SE % of S 36, T 29 S, R 26 E. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: General Plan Amendment from GC (General Commercial) and LR (Low Density Residential) to OS (Open Space) on 40.44 acres.and zone change from C-2 (Regional Commercial) and R-1 (One-Family Dwelling) to OS (Open Space) on 40.44 acres. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Florn Core, City of Bakersfield Water Resources Exempt Status:MinisteriaI (Sec.21080(b)(1); 15268)); -- Declared Emergency (Sec.21080(b)(3); 15269(a)); -- Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); -- Categor cai Exemption. State type and section number. -- Statutory Exemptions. State section number. -~' Project is exempt from CEPA ~ursuant to (State section number and type). S. 15061(b)(3) General Rule Reasons why project is exempt: The project s primary use will be for a water spreading ground. Secondary uses will be recreational uses such as soccer. There will be no permanent onsite building construction. Lead Agency:. Contact Person: ~ Area Code/Telephone/Extension:_ (661) 326-3733 . If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been flied by the public agency approving the project? Yes_ No_ Signature: ,~ Signed by Lead Agency Signed by Applicant Date: January 30, 2002 Title: Associate Planner Date received for filing at OPR: (3/11/99) SN~le~2-O106~lOE.wpd Minutes, PC, Thursday, April 4, 2002 - Council Chamberr City Hall Page 2 4.1b General Pla~¢onsistency finding for the summary vacation of the superseded portions of Coun~ty' Road No. 912 (Morning Drive) between the north line of Parcel Map No. 2583 ahql, Alfred Harrell Highway. (Exempt from CEQA) (Ward 3) 4.1c General Plan Consistency finding for Acquisition of 5,277 sq. ft. for additional right-of-way turn lane o~the northwest corner of south bound lane of New Stine Road at Ming Avenue. ~ard 5) Motion was made by Commissioner S~rague, seconded by Commissioner Tragish, to approve the non-public hearing items p~rtion of the Consent Calendar. Motion carried. 4.2 Public Hearing Items 4.2a 4.2b 4.2c 4.2d 4.2e 4.2f 4.2g 4.2h 4.21 4.2j 4.2k Approval of Extension of Time for Parcel Map 10587 (Mclntosh & Associates) 0Nard 4) Approval of Extension of Time for Tentative Tract 5964 (Porter-Robertson) (Ward 4) Approval of Vesting Tentative Tract Map 6089 (Mclntosh & Associates) (Ward 4 ) (Agenda Item 5) Approval of General Plan Amendment No. 01-0822 (Floyd HInealey) 0Nard 4) (Agenda Item 7.3a) Approval of Zone Change No. 01-0822 (Floyd Hlnesley) (Ward 4) (Agenda Item 7.3b) Approval of General Plan Amendment No. 01-1014 (Luslch Co.) 0Nard 7) (Agenda Item 7.6a) Approval of Zone Change No. 01-1014 (Luslch Co.) 0Nard 7) (Agenda Item 7.6b) Approval of General Plan Amendment No. 01-1022 (Michael Dhanens Architect) (Ward 4) (Agenda Item 7.8a) Approval of Zone Change No. P01-1022 (Michael Dhanens Architect) (Ward 4) (Agenda Item 7.8b) Approval of General Plan Amendment No. 02-0106 (City of Bakersfield Water Resources Department) 0Nard 4) (Agenda Item 7.9a) Approval of Zone Change No. 02-0108 (City of Bakersfield Water Resources Department) 0Nard 4) (Agenda Item 7.9b) There were additional memos given to the Commission regarding several of the projects, Public portion of the hearing was opened. William Bailey requested that Item 4.2b (EOT for 'ir 5964) be removed from the Consent Agenda. Minutes, PC, Thursday, April 4, 2002 - Page 3 Council Chamberr City Hall Commissioner Sprague requested that 4.2h and 4.2i be removed from the Consent Agenda for a brief discussion. Commissioner Tragish and Tkac declared a conflict of interest for Items 4.2d and 4.2e. Commissioner Tkac stated he listened to a copy of the tape of Monday's pre-meeting and is prepared to participate in tonight's meeting. Motion was made by Commissioner Brady, seconded by Commissioner McGinnis, to approve the remainder of the public hearing items under the Consent Calendar along with the modifications contained in the group of memorandum received from the Public Works Department. Motion carried. Item 4.2a - Extension of Time for Tenta~i~e Tract 5964 (Porter-Robertson) Public portion of the hearing was op~p. William Bailey showed the Commission some photographs of the project. He objecfed to the 3 year extension of time as the project site needs cleaned. Harold Robertson, representing the applicant, stated he was prepared to answer any questions the Commission might have. Commission'~r Boyle asked what can be done to clean up the site? Mr. Robertson said that the property owner ~hould be contacted. Mr. Grady said that we could take the information from Mr. Bailey and turn'it over to our Code Enforcement Department. They would go out and look at the site and proceed~s appropriate. Public portion of the hearing was closed. Commissio,ner ?prague asked if the cleanup situat~n affected their approval or disapproval? Mr. Grady said no. Commissioner Brady explained to Mr. Bailey that what',they would be voting on tonight was just an extension of time to give the owner more time to develo~ his property. The cleanup issue will be handled by the City's Code Enforcement Department. Motion was made by Commissioner Brady, seconded by Commissioner Sprague, to approve a 3- year Extension of Time for Vesting Tentative Tract 5964 (Ph'~sed) to expire February 17, 2005 with findings set forth in the attached resolution Exhibit A. Motion carried by the following roll call vote: AYES: Commissioners Brady, Gay, McGinnis, Sprague,~kac, Tragish, Boyle NOES: None ABSENT: None 5. See Consent Agenda item 4.2c CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR ~theCi~ ~ Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: S:\Dole\02-0106\CC OZC 1 .wpd EXHIBIT "1" General Plan Amendment/Zone Change 02-0106 Conditions of Approval Public Works Department Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, provide fully executed dedication for Jewetta Avenue and Stockdale Highway to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. RED S:~::)olet02-0106~Exhibit I Cond.wpd EXHIBIT "B" NOTICE OF EXEMPTION B A K E R S F I E L D NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, APRIL 1, 2002, in the Council Chambers in City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, APRIL 4, 2002, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: 1. The project to be considered: General Plan Amendment/Zone Change 02-0106 Applicant is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from LR (Low Density Residential) and GC (General Commercial) to OS (Open Space) on 40.44 acres and a zone change from R- 1(One Family-Dwelling) and C-2 (Regional Commercial) to OS (Open Space) on 40.44 acres. This site will be used primarily as a water spreading ground. Secondary uses will be recreational uses such as soccer. 2. Project location: Site is located between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale Highway, a portion of the S % of the SE ¼ of S 36, T 29 S, R 26 E MDB&M. 3. The name and address of the project applicant: City of Bakersfield Water Resources Department Bakersfield, CA, 93301 NOTICE IS ALSO HEREBY GIVEN that the Planning Department of the City of Bakersfield has determined that the proposed project is exempt Eom the previsions of the California Environmental Quality Act (CEQA), pursuant to the General Rule Section 15061(bX3). Staff has found that the proposal will not have a significant effect on the environment. The Notice of Exemption may be inspected at the Planning Department (contact Richard Dole) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (661) 326-3733, or by e-mailing the department at plannino~.ci.bakersfield.ca.us. Our website address is ci.bakersfield.ca.us. PUBLIC COMMENT regarding the proposed project will be accepted, in writing, on or before the hearing date indicated above ~t the Plannino Deoartment. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield pdor to the close of the hearing. DATED: March 1, 2002 POSTED: March 1, 2002 S:'~{:)ole~02-0106~PC NOPH.wpd Dennis C. Fidler Building Director (661) 326-3720 Fax (661) 325-0266 BAKERSFIELD Development Services Department Jack Hardisty, Director March 1, 2002 SLanley C. Grady Planning Director (661) 326-3733 Fax (661) 327-0646 Dear Property Owner or Other Interested Party: You are being sent the attached notice because the Kern County tax records indicate you own property in a proposed project area or within 300 feet of a proposed project (see attached map), or you have specifically requested this notice be sent to you. The attached notice describes the proposed project and draft Notice of Exemption from the California Environmental Quality Act the City of Bakersfield is currently processing. Through this notice, we are informing you of your opportunity to comment either in favor or against the proposed project. You should express your comments at the public hearing indicated on the attached notice. However, if you are unable to attend this hearing, you may submit written comments to this department or contact me by telephone prior to the hearing so that your comments can be considered by the Planning Commission. Sincerely, Richard Dole Associate Planner RD:ail s:~forms~staft~notic¢¥rop own ltr. City of Bakersfield * 1715 Chester Avenue · Bakersfield, California · 93301 ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 AGENDA SECTION: Hearings ITEM: 9.i. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ DATE: May 7, 2002 CITY ATTORNEY ~ CITY ATTORNEY ~ SUBJECT: The City of Bakersfield proposes to Submit a Section 108 loan application to HUD in the amount of $4.2 million dollars to provide funds for various economic development activities, and construction of public facilities. (WARDS 2 & 3) 1. Resolution authorizing submission of the application to the Department of Housing and Urban Development. (HUD) 2. Reimbursement of advance of City funds up to $210,000 for property acquisition expenses. RECOMMENDATION: Staff recommends approval of the Section 108 Loan application, adoption of the resolution and advance/reimbursement of funds from the loan proceeds up to $210,000. BACKGROUND: In a memorandum to the City Council dated March 6, 2002, staff discussed the possibility of obtaining a Section 108 loan as a primary financing source regarding the rehabilitation/upgrade of swimming facilities at Martin Luther King, Jr. and Jefferson Pools, as well as for construction of a new aquatic facility in an eligible block grant area with the exact location to be determined. Section 108 loans are federally underwritten loans that provide the City the opportunity to receive an advance against their future CDBG entitlement by borrowing it today at a Iow interest rate. Section 108 funds can be used to finance acquisition, rehabilitation or construction of qualified public facilities, housing rehabilitation activities and can help fund special economic development projects and activities. The Section 108 program has been identified and discussed in earlier memos as one of the most cost effective financing alternatives for public facilities and special economic development activities. It is particularly timely to be considering a Section 108 Loan now, because the debt that was incurred for the Holiday Inn Select project, will be paid off a year from this summer. Thus it is possible by extending that debt out additional years, to do a number of new projects without taking money away from any programs or projects we have been funding in the past eight years. S:'~Adrnins~section 108ph.doc 5/13/2002 12:09 PM ADMINISTRATIVE REPORT Page 2 It is also possible for the City to advance up to $300,000 towards identified eligible Section 108 project costs and receive reimbursement from the Section 108 loan proceeds. In order for the City to stay on track with the construction schedule for the new aquatic facility, the City intends to advance up to $210,000 of unencumbered general funds currently budgeted in the Development Services-Demolition and Clearance account and utilize $90,000 from the Economic and Community Development Department -unencumbered CDBG funds in the Acquisition and Demolition account beginning in August 2002 for required property acquisition and demolition. The funds from the Section 108 Loan are expected to be available to the City in late September 2002. Section 108 Loans A Section 108 Loan works like a borrowing from the block grant. It gives capital funds up front to be paid off over the years from our annual federal block grant allocation. Current Section 108 rules also require backup or secondary collateral in the event the CDBG entitlement is discontinued by Congress in future years. The CDBG program has been in existence since 1972 and unlikely to be dissolved due to its national recognition and popularity. However, the collateral must still be provided. The rules for use of Section 108 money are the same rules as are now in effect for use of the block grant for projects. Financinq Conditions and Required Collateral Our original financing proposal planned to fund $4.7 million, however, due to current interest rates and an effort to keep the new payment closely in line with our previous Section 108 debt service, we have reduced the amount of our proposed public financing by $500,000. The following project and programs are proposed to be eliminated from the financing at this time: Youth Building Bakersfield - $200,000 Due to a recent HOME CHDO housing rehabilitation contract cancellation of $195,000, staff will be bringing forward to Council, a proposal to fund this program from those HOME CHDO current resources. East California Commercial/Training Facility- $300,000 Staff has been diligently working with the Housing Authority of Kern County (HACK) for a jointly funded facility. The timing and unknown cost such that an application for City and County CDBG funds and for Federal EDA funds will be developed for submittal in the 2003-2004 FY. The loan repayment obligation on the new $4.2 million Section 108 loan will require a continuation of the debt service in the approximate amount of $350,000 (current Treasury Note rate) annually for a period of 20 years. The secondary collateral planned to be provided for the new loan will be the new Aquatic Center upon its completion and if needed, the City's CDBG loans portfolio. Planned Section 108 financing for the Baker Street project will be considered at a separate public hearing in June. Below is a list of the projects planned for funding from the $4.2 million dollars of Section 108 Loan proceeds: Rehabilitation and upgrade of Martin Luther King, Jr. and Jefferson Pools. S:~Adrnins~section 108ph.doc 5/13/200212:09 PM ADMINISTRATIVE REPORT Page 3 New aquatic facility with a zero entry pool, and competitive swimming and diving for a block grant eligible area to improve aquatic opportunities and replace underutilized and deteriorated current facilities. Southeast - Special Community and Economic Development Projects - Acquisition and clearance of selected properties planned for future commercial redevelopment on/around California and for public facilities such as the new aquatic facility and for special economic development activities. (added to the $1 million of CDBG funds previously earmarked for economic development projects in the Southeast). Staff will be working with the Southeast Project Area Committees, the Redevelopment Agency, Recreation and Parks, various public partners and private developers to advance the proposed projects through the various channels. It is an excellent time to leverage resources, seek available grants and supplement other available funding sources, such as Proposition 12, CDBG and Old Town Kern Tax Increment to further a number of community needs and identified special projects. Attached is a Project Uses and Funding Sources Schedule for the identified projects of this $4.2 million dollar Section 108 financing: Preliminary Project Uses and Financing Sources Aquatic Rehabilitation of MLK and Jefferson Pools Sources Amount Section 108 $ 600,000 Developer Fees 100,000 County Block Grant 300,000 Total $1,000,000 New Aquatic Facility Section 108 Prop. 12 Schools $ 2,800,000 500,000 $1,000,000 Total $ 4,300,000 * * Plus land and clearance - CDBG Southeast Special Community and Economic Development Proiects Acq/clearance of commercial property For future redevelopment activities Section 108 $ 800,000 Grand Total $ 6,100,000 S:~Admins\section 108ph.doc 5/13/200212:09 PM ADMINISTRATIVE REPORT Psge4 Projects Summary of Resources Summary of Resources: Section 108 Loan Funds Prop 12 Schools Park Dev. Fees County Block Grant Total All Sources $ 4,20O,OO0 500,000 1,000,000 100,000 300,000 $ 6,100,000 S:~Admins~section 108ph.doc 5/13/200212:09 PM CITY OF BAKERFIELD SECTION 108 LOAN GUARANTEE PUBLIC FACILITIES IMPROVEMENTS AND ECONOMIC DEVELOPMENT PROJECTS LOAN REQUEST The City of Bakersfield is requesting $4,200,000 in Section 108 Loan Guarantee funds to assist with the implementation of three community public facilities projects and one economic development project. The projects are located within City Redevelopment Project Areas and/or areas that meet HUD low/moderate income requirements. Attachment A is a map showing the location of the proposed projects. The Section 108 funds will be specifically used for: a portion of the rehabilitation of two City owned public swimming pools; a portion of the costs associated with the development of a new aquatic center project; and, a portion of land assembly costs for the development of a mixed use retail center. The Section 108 requested amount is within the maximum loan amount of five times the City's Block Grant allocation of $3,115,000 for the 2001-02 program year. It is also under the five year cap when added to the City's existing approved Section 108 Loans. The Section 108 funds will be repaid over 20 years. PROJECT DESCRIPTION~ NATIONAL OBJECTIVE~ ELIGIBLE ACTIVITIES AND PUBLIC BENEFIT STANDARD The City of Bakersfield has a series of high priority needs, as identified in the City's Consolidated Plan, which will be addressed by the use of these Section 108 funded projects. All of the projects being implemented are in areas that exhibit social and economic needs. The projects were chosen because of their potential to act as an economic catalyst in the City's effort to redevelop and revitalize lower income neighborhoods and to provide needed recreation facilities for the lower income neighborhood residents. The following, by project, identifies the Section 108 funding amounts being requested, description of the proposed projects, national objective, eligible activity and public benefit standard being met. Public Facilities Improvements Martin Luther King Jr. and Jefferson Pool Rehabilitation Projects Amount of Section 108 Funds Requested: MLK Jr.-S300,000; Jefferson - $300,000 Proicct Description: Thc projects arc located in the Dr. Martin Luther King Jr. Park at 1000 South Owens Street and in Jefferson Park at 801 Bernard Street. Thc Dr. Martin Luther King (MLK) Jr. facility was constructed in the 1960's, and at 4,130 square feet of surface area, is thc third largest pool facility operated by the City. During last summer's swimming season thc facility was used by over 5,200 persons. Jefferson Pool was constructed in 1932 and at 6,288 square feet of surface area is thc largest of the City's pools. Last summer the facility was visited by over 10,500 persons. Over the years there have been a series of limited improvements to thc facilities. In 2000 the City's Parks and Recreation Department contracted with a recreational aquatic specialty design and engineering firm to conduct an analysis of thc condition of all nine City owned neighborhood pools. Thc improvements to bc implemented as part of the Section 108 funding came out of those recommendations included in thc analysis. Thc improvements arc listed below, and unless otherwise noted, and arc being done at both facilities. · Replacement of filter, pump and mechanical piping (MLK) · Upgrading of filter, pump and mechanical systems (Jefferson) · Remove and replace all decking · Installation of floor returns · Sand blasting and new plaster pool finish · Install tile at water line with depth makers and lane lines · Handrails installed at walk-in steps (Jefferson) · Install safety lighting (MLK) · New corrosion resistant ladders (Jefferson) · New gutter system (Jefferson) · Remodel restrooms to ADA standards · Installation of two shade structures National Objective: The proposed projects are being implemented under the CDBG national objective 570.208 (a)(I) - Activities benefiting low and moderate income persons - Area benefit activities. The MLK facility is located in Census Tract 22. The facility also provides services to residents located in the surrounding Census Tracts 14, 15, 21, and 25, of which 75% qualify as low/moderate income. The Jefferson Pool facility is located in Census Tract 13 and also serves residents in Census Tracts 14, of which 73% qualify as low/moderate income. 2 Eligible Activity: The proposed projects will be implemented under the following Section 108 eligibility category: 570.703 (1) - Acquisition, construction, rehabilitation or installation of public facilities, public streets, sidewalks, and other sites improvements and public utilities. Public Benefit Standard: Over 74% of the residents within the service area of the two swimming pool facilities are low/moderate income. 14th Street Aquatic Center Amount of Section 108 Funds Requested: $2,800,000 Project Description: The City is proposing to develop and operate a new aquatic center facility in the downtown area on a 2.3-acre rectangular parcel that is bounded by 14th, "P" and "Q" streets. The City's Master Recreation and Park Plan identify aquatic facilities as the number one recreational need for the City. To help with development and long term operating costs, the City is evaluating the elimination of one or two of the older neighborhood pool facilities (Beale and Saunders) that are in need of major rehabilitation. The residents currently using the two pools will be able to use the new 14th Street Aquatic Center facility. The new facility will include an 8,000 square foot pool with a zero-depth entry, water slide and lap lanes. The facility will also include grass seating and shaded picnic areas. The zero-depth entry area enables the pool to be used by handicapped persons. National Objective: The proposed project is being implemented under the CDBG national objective 570.208 (a)(1) - Activities benefiting low and moderate income persons - Area benefit activities. The project site is located in Census Tract 16, and is anticipated to also serve those persons residing in Census Tracts 6, 7, 12, 13, 14, 15, 17, 19.01, 19.02, 20, 21,22, 23.02, 24, 25, 26, and 27. Eligible Activity: The proposed projects will be implemented under the following Section 108 eligibility category: 570.703 (1) - Acquisition, construction, rehabilitation or installation of public facilities, public streets, sidewalks, and other site improvements and public utilities. 3 SOURCES AND USES OF PROJECT FUNDING The projects to be funded with the Section 108 funds also include other public and private revenue sources. The following lists the anticipated sources and uses of funds by each project. Rehabilitation of Pool Facilities The rehabilitation of the two pools is anticipated to cost $1,070,400. In addition to the $600,000 in Section 108 funds to be used for the two pools, the City is providing $100,000 from its Park Improvement Fund, and $370,400 in CDBG funds. All of the funds will go towards the rehabilitation of the two pools. 14th Street Aquatic Center The total project costs are estimated to be $4.3 million dollars. In addition to the $2.8 million of Section 108 funds, $1 million in School District funds and $500,000 in Proposition 12 funds will be going into the project. Ail of the Section 108 funds will be used for land assembly and construction. Mixed-Use Center Project The proposed development project is anticipated to cost $60 million when completed. In addition to the $800,000 Section 108 funds being put into the land assembly costs for the project, it anticipated that the Redevelopment Agency will have to provide a land write-down in order for the project to be economically feasible. The balance of the project funds will come from the developer's debt and equity. PROJECT STRUCTRE AND PARTICIPANTS The City of Bakersfield will be the initial recipient of the Section 108 funds and will be responsible for the repayment. They will distribute the Section 108 funds to the Public Works and Recreation and Parks Departments which will be responsible for the contracting of the rehabilitation work on the two pools and for the development and contracting of the 14th Street Aquatic Center project. The Redevelopment Agency will be responsible for the development of the Mixed -Use Retail Center project, including the land assembly. The City will enter into an Inter-Agency Agreement with the Redevelopment Agency for the Section 108 funds. None of 5 the Section 108 funds will be provided to the project developer. The Redevelopment Agency is currently working on a Request for Proposals on the project. REPAYMENT SCHEDULE The term of the repayment of the Section 108 Loan Guarantee funds is 20 years. The City will be responsible for the 108 Loan repayments. The repayment will come from the City's annual CDBG allocation. The spreadsheet included as Attachment B shows the fixed repayment schedule. COLLATERAL The primary source of collateral for the repayment of the Section 108 funds will be the City's annual CDBG allocation. The secondary source of collateral for the repayment of the Section 108 funds will be the new Aquatic Center, valued at $4.5 million dollars and the City's CDBG Loan Portfolio, valued at $1.2 million dollars. The combined value of the facility and the CDBG loan portfolio will exceed the required 80% loan to value of the Section 108 funds. The City of Bakersfield's issued California General Obligation Water Refunding Bonds Series 2002 that Moody's Investors Services rated Aa3. PROJECT IMPLEMENTATION The proposed projected implementation schedule is as follows: Rehabilitation of Pools: Go to Bid Start of Construction Completion of Construction November 2002 January 2003 August 2003 14th Street Aquatic Center: Start property acquisition Start of Construction Completion of Construction August2002 January2003 June 2003 Mixed-Use Center: Selection of Developer Complete Land Assembly Start of Construction Completion of Construction June 2002 January2003 March 2003 December 2003 6 RELOCATION~ DISPALCEMENT AND ACQUISTION COMPLIANCE Thc 14th Street Aquatic Center and the Mixed -Use Retail Center projects will require property acquisition and some relocation activities. None of these projects are anticipated to require the relocation of any residential unit inhabitants. All of the property acquisition and relocation activities required by the projects will be carried out in accordance with Section 570.606 of the HUD CDBG Regulations. CERTIFICATIONS AND CITIZEN PARTICIPATION The City Council and conducted a public hearing on May 12, 2002, on the Section 108 Application and the amendment to the City Annual Action Plan that includes the Section 108 projects. The City Council approved the amendment to the Action Plan and authorized the submittal of the Section 108 Loan Guarantee Application and adopted the resolution included as Attachment C. The required program certifications are included as an Exhibit to the City Council Resolution. Attachment D is the Proof of Publication relating to the public hearings conducted on the Amendment to the Action Plan and on the Section 108 application. CONTACT PERSONS If you have any questions regarding this proposed Section 108 Loan Guarantee request, please contact: Ms. Donna Kunz, Economic Development Director Economic and Community Development Department 515 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3765 (661) 328-1548 e-mail: dkunz~ci.bakersfield.ca.us RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE SUBMISSION OF A SECTION 108 LOAN GUARANTEE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Bakersfield has determined that a high priority exists for a series of public facilities improvement projects in various low and moderate income neighborhoods, including the rehabilitation of Martin Luther King (MLK) Jr. and Jefferson swimming pools, acquisition and demolition of deteriorated properties in economically distressed (slum and blighted) areas for economic development, and the acquisition and construction of a new aquatic facility; and WHEREAS, the proposed projects are included in the City's adopted One Year Action Plan (FY 2001-2002) of the Consolidated Plan: and WHEREAS, the Section 108 Loan Guarantee program, implemented by the United States Department of Housing and Urban Development (HUD), is designed to provide funds to assist with these types of projects; and WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to five years ~vorth of its annual Community Development Block Grant allocation, and can take up to twenty years to repay the principal and interest; and V~q-IEREAS, the City is requesting a total of $4.2 m/Ilion in Section 108 Loan Guarantee funds to assist with the development projects; and WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee application and amendments thereto and all understandings and assurances contained therein, and to act in connection with the application to provide such additional information as may be required. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. The City hereby certifies and assures with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it possesses the legal authority to make the pledge of grants required under 24 CFR 570.705 (b) (2). SECTION 2. As prerequisites for submission of the application to HUD, the City certifies that it has: (a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title I of the Housing and Community Development Act of 1974, as amen&& (b) Held at least one public hearing, on May 22, 2002, to obtain the views of citizens on community development and housing needs; and (c) Prepared its application in accordance with Section 570.704(a)(l)(iv) of Title I of The Housing and Community Development Act of 1974, as amended, and made the application available to the public. SECTION 3. The City has and will continue to follow a detailed citizen participation plan that meets the requirements described in Section 570.704(a)(2) of Title 1 of the Housing and Community Development Act of 1974, as amended. SECTION 4. The City has and will continue to affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-20). SECTION 5. The City will expend in the aggregate, at least 70 percent of all CDBG funds, as defined in Section 570.303(e) of Title 1 of The Housing and Cormnunity Development Act of 1974, as amended, during the one, two, or three consecutive years specified by the City for its CDBG program on activities which benefit low/moderate income persons, as described in criteria in Section 570.208(a) of the Act. SECTION 6. The City has and will continue to comply with the requirements goveming displacement, relocation, real property acquisition, and the replacement of Iow and moderate income housing described in Section 570.606. SECTION 7. The City has and will continue to comply with other provisions of the Act and with other applicable laws. SECTION 8. The City has and will continue to certify regarding debarment, suspension, and other responsibility as follows: (a) The prospective recipients of the Section 108 Loan Guarantee funds and all of their contractors will certify to the best of their 'knowledge and belief, that they: 1). Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2). Have not, within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3). Are not presently indicted for or otherwise criminally or civilly.charged by a government entity (Federal, State or local) with conunission of any of the offenses enumerated in paragraph (a)2 of this certification; and 2 4). Have not, within a three year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. SECTION 9. The City assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee, that it will maintain documentation of such efforts for the term of the loan guarantee, and that it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. SECTION 10. The City has and will continue to hereby certify, to the best of its knowledge and belief, the following: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any or cooperative agreement, and the extension, continuation, renewal amendment, or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (c) It will require that the language of paragraph (a) of this paragraph be included in the award documents for all subawards at ali tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. SECTION 11. Continue to maintain a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) following: Establishing an ongoing drug-free awareness program to inform employees about the 1). The dangers of drug abuse in the workplace; 2). The grantee's policy of maintaining a drug-tree workplace: 3). Any available drug counseling, rehabilitation, and employee assistance programs; and 4). The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3 (c) Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1). Abide by the terms of the statement; and 2). Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: 1). Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2). In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enfomement, or other appropriate agency. SECTION 12. This Resolution shall be effective immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the council of the City of Bakersfield at a regular meeting thereof held on May 22, 2002, by the following vote; AYES: NOES: ABSTAIN: ABSENT: APPROVED CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By HARVEY L.HALL Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney BY JANICE SCANLAN Deputy City Attorney bakersfield~ FinrevreglO8reso 5 NOTICE OF PUBLIC MEETING AND PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a public meeting will be held before the Council of the City of Bakersfield at 7:00 p.m., or as soon thereafter as the matter may be heard, on Wednesday, May 22, 2002, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield California for the purpose of amending the City's Community Development Block Grant Program (CDBG) Action Plan and authorizing the submittal of a Section 108 Loan Guarantee request to the U.S. Department of Housing and Urban Development (HUD). The specific actions will include: · Amend the current 2001-2002 annual Action Plan to the City's Community Development Block Grant Program (CDBG) to include: 1. The submittal of a Section 108 Loan for acquisition for rehabilitation, new construction for housing (support for acquisition of housing), acquisition and demolition, and new construction of public facilities and improvements at various Iow/moderate income neighborhoods. Authorize the submittal of a $4.7 million Section 108 Loan Guarantee request to assist with the acquisition, rehabilitation and construction of public facilities and improvements. The City intends to apply to the U.S. Department of Housing and Urban Development for a $4.7 million in Section 108 Loan to help fund the following activities relating to public facilities: · Rehabilitation of the MLK Jr. swimming pool, located at 1000 S. Owens St. · Rehabilitation of the Jefferson swimming pool, located at 801 Bernard St. · Construction of a new building to house career counseling/training, located on the southside of E. California Ave. between Robinson and Owens. · Acquisition and rehabilitation of single family structures as part of Youth Build program on scattered sites in southeast area of the City, bounded by Calif. Ave. on the north, Brundage Ln. on the south, King St. on the west, and Lakeview Ave. on the east. · Acquisition and demolition of deteriorated industrial/commercial/residential properties in economically distressed (slum and blighted) areas for economic development. · Acquisition and construction of a new Aquatic Center public facility located on a triangular site bounded by 14,h, P and Q Streets. (The attached public hearing notice Amendment No. 2 to the FY Action Plan (2001-2002) provides additional information on the proposed activities.) As part of the Citizens Participation Plan, the City encourages public comments and citizen's views on the proposed actions. Comments may be submitted orally or in writing for a 30 day period. Written or oral comments will be received by the City Clerks Office in City Hall. Any person challenging in court the decision made at the conclusion of such public hearing may be limited to raising only those issues raised at such hearing or in correspondence delivered to the City of Bakersfield prior to the close of such hearing. Roberta Gafford Assistant City Clerk Date of Publication: April 20, 2002 PUBLIC HEARING NOTICE ATTACHMENT SECTION 108 ACTIVITIES ($4.7 Million) AMENDMENT NO. 2 TO CITY OF BAKERSFIELD FY 01/02 ACTION PLAN B-01-MC-06-0510 Project ID Available (Add) Revised Project Title & Description Activity Code/ Amount Budget Total of Citations Funds Changes FUnding Create/Add MLK Jr Sw/mminq Pool Rehabilitation Pro/ect 03 Parks Recreational $0 $300,000 $300,000 Rehabilitation of neighborhood pool at Facilities 1000 South Owens Street in SE 570.201(c) Bakersfield. (Ward 1) Jefferson Swimminq Pool Rehabilitation 03 Parks Recreational $0 $300,000 $300,00(] Pro/ect Facilities Rehabilitation of neighborhood pool at 570.201(c) 801 Bernard St. (Ward 2) Southeast Bakersfield Career 03k Public Facilities $0 $300,000 $300,000 Counselinq/"i'raininq Facility and Improvements Construction of a new building in SE (General) Bakersfield to house career 570.201(c) counseling/training, located on the ~outhside of E. Calif. Ave., between Robinson and Owens Streets. (Ward 1) Acquisition for Rehabilitation Pro[ect 140 Acquisition for $0 $200,000 $200,000 Acquisition of properties for housing Rehabilitation rehabilitation in SE Bakersfield for Youth 570.202 (b) (1) Building Program bounded by Calif. Ave. on the north, Brundage Ln. on the south, King St. on the west, and Lakeview Ave. on the east. (Ward 1) Acquisition and Demolition 17A CI Land $0 $1,400,000 $1,400,000 Acquisition and demolition of deteriorated Acquisition/Disposition industrial/commercial/residential 570.201 (a) properties in economically distressed neighborhoods (Southeast and/or Downtown Bakersfield Redevelopment areas) for economic development. (Wards I and/or 2) 14th St. Aquatic Center Pro[ect 03 Parks Recreational $0 $2,200,000 $2,200,000 Recreational 8000± sq. ft. pool with zero- Facilities depth entry area, water slide, and lap 570.201(c) lanes on a 2.3 acre triangular site bounded by 14th, P, and Q Streets (Ward 2) Publish - April 20, 2002 IMEETING DATE: ADMINISTRATIVE REPORT May22, 2002 I AGENDA SECTION: Reports I ITEM: :t0.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager May 15, 2002 Community Services Report No. 2-02 A. Historical Documents B. In God We Trust C. Liberty Garden APPROVED DEPARTMENT HEAD CITY ATTORNEY ,,~;;~ CITY MANAGER RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: The Community Services Committee has been considering several items of interest to the City Council that deserve an update as to their status. This item is for information only. The Council is not being asked to approve these items. More work has yet to be done before more formal action will be taken by the Council. Historical Documents The Community Services Committee appointed a citizens committee to consider placing historical documents inside City Hall. The citizens committee, headed by local businessman Mike Miller, unanimously recommended the following: A picture of the Statue of Liberty framed by the Declaration of Independence and the Bill of Rights on the East wall of the Council chambers, and a picture of the Liberty Bell framed bythe Gettysburg Address and the Emancipation Proclamation (condensed) on the West Wall. · A quote by Colonel Baker above the bulletin board in the foyer: 'q'his is God's country. Someday it will be filled with happy homes....The place is rich in future possibilities." · Other historical documents will be placed on the west wall across from the Mayor's office (list attached). · A dedication and ribbon cutting ceremony would be held on July 4, 2002, followed by an open house for the public to view the project. All costs associated with the project will be funded by corporate donations of $500 each. The donors would be recognized at the dedication ceremony, but the citizens committee felt that donor names should not be included on or near the projects. The citizens committee will be responsible for all fundraising to make the project a reality. The Community Services Committee voted unanimously to accept the citizens committee's ADMINISTRATIVE REPORT Page 2 recommendations. Our thanks go out to committee members Mike Miller, Don Clark, Shirlyn Davenport, Denise Pandol, Miriam Beam, Terri Richmond, Zak Thomas, Marque Stansberry and Jeannette Richardson. "In God We Trust" The citizens committee also offered a recommendation on the location of "In God We Trust" and "e pluribus unum" mottos. Again, their recommendations were unanimous. They felt both mottos should be together and should be inside of City Hall. They recommended both mottos surround the city seal located behind the mayor's chair on the dais, with "In God We Trust" on top. A concept drawing is attached. The Community Services Committee unanimously approved their recommendations. Liberty Garden A committee of community members, including public safety agencies throughout Kern County, has been discussing a "Liberty Garden"th in a park setting with monuments '~n honor of American liberty and victims of the September 11 attack on the United States. The community committee had wished to use property at City Hall for the Liberty Garden. However, because the community committee prefers building a larger, more significant project that is too large for City Hall, they will be asking the City for a dedication of land next to the new Fire Station 15/Police Substation in the southwest to build their project. There is available space to accommodate their request. They plan to begin fundraising for the Liberty Garden in December 2002, and have the project completed by September 11,2003. They would also ask for the City to maintain the Liberty Garden after it is completed. The City of Bakersfield plans to make small modifications to an area near City Hall in memory of the 9- 11 victims, perhaps including some minor landscape modification and a plaque or monument. City staff will be working with the Bakersfield Beautiful Committee to plan such improvements. Final approval of design and costs would come to the Council through the Community Services Committee. AC:al 5/16/2OO2 S:~,dmin Rpts~002\comm services-historical docs 5-22-02.doc THERE IS A PHOTOGRAPH OF THE REVISED CITY SEAL ABOVE THE DIAS IN COUNCIL CHAMBER IN THE AGENDA PACKET. THE PHOTOGRAPH WOULD NOT SCAN. £00~ qDe~-u;~ ~$Z~;Y99 Z¥& $0:9Y ~ ~0/60/~0 tO0~ qoeZ-uJe~ tt$ZCZCT99 ~E OT:gT ~ ~0/60/~0 · ' 0~/14/02 TUE 16:38 FAX 6613237844 Kern-Tech ~002 Hall of Historic Documents Doc,_ ,_~¢-~ Title i Brief Synopsis Mas~a Carla Establishes principles of limited ~overnment and due process ha 1215 Mayflower Compact Establishes idea ofrepresentative 8ovemmcnt in 1620 Declaration of Independence Fo~mdafion of principles of individual liberties, natural rights and why ~overmnents exist (1776) Vir~nla Sta~te Of Religious Liberties Establishes idea of religious freedom Constitution of the United States Foundation of all ri~ts -Bill of Rights Extension of rights, specific limits on ~overnment Washln~on's First Inaugural Address Sets the tone ['or our new Washington' s Farewell Address Advice crucial to our ~wwing nation Jefferson's First T~m~oural Address Discusses essential ideas of liberty Seneca Falls Declaration Women's smT~age/rights movement founding document ~Gett~sburg Address Reiterates the raison d'etre for the US ~mancipation Pl'o¢lzmatlon Extension of libew/to slaves Lincoln's Second Inaugural Discusses howto rebuild the coun~..."with malice toward none.." FDR's Four Freedoms S~o.eech Explains why we were fi/~tin~ WW2 Eisenhower's Farewell Address Foundation of 20m century changing situation JFK's Inaugural Address Americau's commitment to service, ideals, freedom Martin Luther King, Jr. "I Have A Dream" Foundation of civil rights movement speech · 05/14/02 TUE 16:38 FAX 6613237844 Kern-Tech ~003 Above 48" X 60" glass enclosed bulletin board in the foyer, for rotating school projects: . .. tn each of us there is aprivate hope and dream which, fulfilled can be trcmslated into benefit for everyone and greater strength for our nation "- John F. Kennedy Above existing glass enclosed bulletin boards in the foyer: "This is God's country! Someday it will be filledwith happy homes.... The place is rich in fulure possibilities. "- Colonel Thomas Baker Above the seventeen historical documents in the hall adjacent to the chamber between the two columns; tlall of Documents · ' 0~/14/02 TUB 15:~$ FAX ~$132~7544 Kern-Tech EMANCIPATION PROCLAMATION V~reas on the 2:2~ day o£Septemlx~, A.D. 1862., a ~och~t/vn w~ i~aed by t~e Pr~sld~t o£Unit~ Stat~, cont~a~_~n_~.., tt~ foJ~owk~, to wh: day of $~=~a'y, A-D. 18~, allpe~so=s ~._-~ a~ shvcs w~hin any Stye .... in ~el~ion ~,airs~ th~ Un/t~d St~t~ s.hall be ltxen, tbe~:~ce~ and forever free,... Now. th4~do~, 1, Alrahsm Li.coh. Prc.s/d~ ofd~e Uni~d $1a~s. bi vitae oflhe power ;. me vesled as Comm~ler-In-Ch~.. iu iime of sc~al sm~d rebellion a~/n~ ~e mt~hority m~l gova~ment of the United St~t~s, and as fit nnd ~"l:~at~ war And npon this a~ sincerely bclic~d to t~ em ect of~.~ce~ wen'an~t b~ fl~e Co~t~u1~on ul~n nu~i~ necc~y. I itwokc fl~ cone~leral~ ~ll~nt ofl~-~ind ~ thc greciom fa.,,t of Ahab,' Cod. 05/09/02 THU 1~:05 FAX 6513257541 Kern-Tech Fax - (S) Pn~es - 24 April, .1002 - to the people Hsted below; Minutes of Patriotic Document Committee Meeting of April 23'a, 2002 Pr~cnt w~o; Mike Miller, Jacquic Sullivan, Dan Clark, Shirlyn Davenport, Denise Pandol, Miriam Beam, T~rry Richmond, Znk Thomas and Marque Stansberry. We discussed thc possib'dky Ofl~;,~S documents on thc wldte walls of thc chambcr wh/ch documents should be represente& A very engaging exchange of ideas msuh~d/n a consensus as follows: East Wail = A picture of the Statue of Lib~xy framed by th~ Declaration of ~d~pead~nce and the Bill ofR~E~. A banner ov~ the top leading "We hold the~¢ truths to bc s~lf evident' from the De~lat~on of Independence. We~t Wall - A pic~x~re of the Liborty Bell framed by the ~'tty~bu~g Addrms nnd_ the Em~dpation Proclamation. A banner over the top feeding "A new bi~h of freedom" fXOm the C..~tysbu~g Address. The vote to employ the ~bove refeeenced documents and phFases was unanimously and euthusis~ically accepted. Marque 8ttm~herry will condense th~ Emancipation Proclamation and present lt to the commltiee for approval at the next meeting. 3'he clexlaration of Independence will not/nclude the '"Gri~c~ to ~ king". The other documents will I:~ complete. It was suggested that Colonel Baker's comment about th/s being God's Country with happy homes and a bright fum~ bc placed ov~ thc bull~in board cases in the foy~. A vote was taken and the idea was enanimo~sly a~d e~thu$iasticaIly accepted. Zak Thomas will brtl~g samples of gold finished metal ltalic l~tter~ to the n~cl meeting for se/ecffon, It was suggcstcd that a 4' X 5' bulletin board cam similar to tim ones existinE in ~hc foycr bc placed on th~ Fast Wall of the foyzr w]wre tlw bronzz relief now h~, R will bang at the same height as the ~xisting cases. The purpose ofthc casc will bc to &sphy school y, ojects about American History, to bc rotati~t off a r~gular schedule. Thc subm'min~ class will bi: r~ognized a~ an appropriate council meeting. A vote was taken and the idea was nnanimansly and enthusiastically accepted. Shirlyn Davenport and Terry Richmond wtll ~ubrnlt ideas for an approprlat~ h~ng to be placed over the case at the next meeting. Miriam Beam ts discussing ii, first project with a class from ~dge View High school and wttl look into th~ exis#ng bronze relief tn order to help us decide a suitable d~spos~t~on for it at the next m~e~ng, h was su~ested that we purchase hi~orkal docume~s to hang on the W~t wall bet'ween the pillars an thc wall just East of thc Chamber. It was mcntioned ~ d~e documents must be readable and not jus~ "old and wrinkled". The exist/ag table and picture would be moved W suif~bl¢ ]oc~/on. A vote was taken a~d the idea w~ enmz/mously and enth,siastically accepted. Terry Richmond will bring a select, on of document~ to choose from and Denise Pandol will also mal~ suggestions for u~ to re~ew at the next meeting, Protocol was followed and motions were seconded and discossed i~ depth prior to voting. All attendeez voted on the above mentioned items. 05/09/02 THU 16:09 FAX 6613237844 Kern-Tech ~002 Each pa~cipa~ ¢oatributed creative aad ,~,~,,;~d ideas, lVlaay sugg~ious wer~ mad~ that were not acccplod bul eaoh person !m ~&"~d the impollal~o of co~ni~E to a couseusus amd ail wcrc committod to doin~ the best for our city and neighbors. Atl;achod is a xo~'r o£ our oommitte~ and lhe two sketches submltt~d by Zak Thomas. lfth~r~ are any cm't~im~a to th~ minutc~ please let me lmow ami ] will make the commfions and copy all of you. The question o~cost did not come up a~ tha meetlng and I w~dd lil~ to a&lr~s that with thls correspondence. Zak has quoted $3,500.00 for ~che muraJ work. Th~ cas~ will cost about $500.00 locally and the metal levers will cost about $200.00 for some~h;~S nic~. Additi~mally, th~ documents in the ball could cost about $~00,00 ami the inscription over the case could cost about $100.00, I estimate $5,000.00 to complet~ thc project as outlined. I would like to hear ~'om you about this subject. I hav¢ an idea to put forward with this correspondence, for t~ purpose o~. a_ _~__iing with the ~a . .~a~. ial aspe~ of this project. We co~dd awa~¢ for a B.BC~, and d~dic, allcm Ceremony ~ ~uly 4 fthis y~a~. It would scrve as the tmveiling or,he patti..o~c.' .do~.. ents and .an oppor!!mii7 to i~t corlx~ate spoo~ors. We could charse vendozs selling d~nlre~ sours!rs and so on. Thc of thc BBQ ~ould be covered with lickci sales maybe we could get busmessea to donate terns to auctiolz We could a.sk the Mayor to spesk and so on. I have ¢onta~xi Jeannotto Ri~harclso~ wbo raa the Ceutennial Projec~ £or thc ciW to see if she would b~ in~r~m;d in runnlng such an eve, ut, i£th~ comraito~ wonld likc to pursue this idea- She is h~ading up thc Arts Association and in fa~t happc~ to b~ promoting murals in flae down town Please let me know what you ~hiak of this av~mu¢ of funding or if you have some other I appreciate all ofyour very thoughO~l devote'on to this project. F. ach one ofyou has brough~ so very much to this commtttee. Thankyou so wry much for your t~me on thts. The next m~rl~ will be ~Citv Hall on Tuesday. May 14a st 11:~0 AM. If thls dato and glme will not work for you ~lpss, advise me right away. It is very important that all of you I~ present at the next meeting. yours ,Vincerely, Mike Miller ADMINISTRATIVE REPORT MEETING DATE: May 22, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 7, 2002 AGENDA SECTION: Reports ITEM: ].0.b. APPROVED DEPARTMENT HEA~,~ CITY A3-rORNExY~ CITY MANAGER SUBJECT: Southeast Charrette Report by Jack Hardisty RECOMMENDATION: BACKGROUND: JH:pjt (admin\may\5-22-sec) May 7, 2002, 4:20pm