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HomeMy WebLinkAbout09/04/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 4, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PREMEETING 1, ROLL CALL 2. WORKSHOP 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (C) of Government Code Section 54956.9; In the matter of the claim of: American Yeast Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Joanna Edna Mullins v. City of Bakersfield, et al; Kern County Superior Court Case No. 242706-JES Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Brittnee Alaina Walters v. City of Bakersfield, et al.; Kern County Superior Court Case No. 245436-RJA Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Joe Wayne Darers, et al. v Damacio Diaz, et al.; United States District Court Case No. CV-F-01-5933 DLB Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: 900 13th Street, Bakersfield, California, 93301 (APN 006-472-10); Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Reynaldo Ruiz; Under Negotiation: Price and terms of payment for purchase of fee simple interest. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: 825 14th Street, Bakersfield California, 93301; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Arlene K. Hunter, Owner; Under Negotiation: Price and terms of payment for purchase of fee simple interest. CLOSED SESSION continued Conference with Real Property negotiators pursuant to Government Code Section 54956.8; Property: Fairfax Road at Alfred Harrell Highway (APN 436-054-02); Agency Negotiators: finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: David H. Easton, Jr.; Under Negotiations: Price and terms of payment for purchase of fee simple interest. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: Fairfax Road at Alfred Harrell Highway (APN 436-061-08); Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Peter Roos for Keith & Mack Oil Co.; Under Negotiation: Price and terms of payment for purchase of fee simple interest. REGULAR 1. 2. 3. 4, 5. MEETING INVOCATION by Rev. Curtis Jenkins, Tri Stone Baptist Church PLEDGE OF ALLEGIANCE by Boy Scout Troop 125 ROLL CALL CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 25 through October 6, 2002 as "Kern County Fair Days". b. Presentation by Mayor Hall of Proclamation to Tony Lopez, Prevention Services Program Specialist, Clinica Sierra Vista, proclaiming September 23, 2002 as "Family Day". PUBLIC STATEMENTS APPOINTMENTS CONSENT CALENDAR Minutes: a. August 21, 2002 Council Meeting. Payments: b. Payments from August 9, to August 22, 2002 in the amount of $7,545,649.53; and Self Insurance payments from August 9, to August 22, 2002 in the amount of $212,544.43. 8. CONSENT CALENDAR continued (Ward 7) (Ward 4) (Ward 7) (Ward 5) (Ward 1) (Ward 3) Ordinances: Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 123-01 from RS (Residential Suburban) to C-O/PCD (Commercial and Administrative Office - Planned Commercial Development) Zone on 4.12 acres, located along the north side of Ming Avenue, west of Anita Lane (ZC 02-0316) (First reading 8/21/02) Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-31 for an ordinance amendment of the PUD (Planned Unit Development) Zone at 350 Calloway Drive located east of Calloway Drive, north of the Cross Valley Canal (ZC P02-0283). (First reading 8/21/02) Adoption of an ordinance adopting the Negative Declaration amending Title 17 of the Bakersfield Municipal Code and Zoning Map 123-25 from R-2 (Limited Multiple Family Dwelling) to the City Council determined C- O/PCD (Professional and Administrative Office Planned Commercial Development) Zone on 2.67 acres located along the east side of Wible Road approximately 400 feet south of Panama Lane. (P02-0290) (First reading 8/2~/02) Adoption of an ordinance adopting the negative Declaration and amending Section 17.06.020, Zone Map No. 123-18 of Title 17 of the Bakersfield Municipal Code by changing the zoning from R-2 (Limited Multiple Family) to R-1 (One Family Dwelling) on 3.24 acres, located on the east side of Buena Vista Road, between White Lane and Campus Park Drive. (ZC 02-0529) (First reading 8/21/02) Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 124-02 from M-3 (Heavy Industrial) to C-2 (Regional Commercial) on 4.61 acres, M-2 (General Manufacturing) to C-2 on 14.98 acres, M-3 to R- 1/PUD (One Family Dwelling/Planned Unit Development) on 49.51 acres, M-2 to R-l/PUD on 14.71 acres, and M-1 (Light Manufacturing) to R- 1/PUD on 16.06 acres located adjacent on the south side of Highway 58, between Oswell Street and Sterling Road. (ZC 02-0291) (First reading 8/21/02) Adoption of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-19 from R-1 (2.99 acres) and C-2 (.9 acres) to PCD (Planned Commercial Development) on 3.89 acres located west of Jeffrey Street, south of W. Columbus Street, at the western end of W. Jeffrey Street. (ZC 02-0218) (First reading 8/21/02) 3 (Ward 7) (Wards 4,1) (Ward 7) (Ward 4) (Ward 4) CONSENT CALENDAR continued First reading of an ordinance repealing Chapter 14.16 of the Bakersfield Municipal Code and adding new Chapter 14.16 relating to sewer use in the unincorporated area, amending Section 14.04.030(E0 relating to water service, and repealing Sections 14.04.030(F) and (G). Ordinances relating to Appeals: First reading of an ordinance amending Chapter 15.84.100 of the Bakersfield Municipal Code relating to Appeals - Transportation Impact Fee. First reading of an ordinance amending Chapter 17.64.090 of the Bakersfield Municipal Code relating to Appeals - Modifications, conditional use permits and zone changes. First reading of an ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One Family Dwelling) Zone on 38 acres located at the northeast corner of McKee Road and Wible Road. (ZC 02-0541) Resolutions: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 437, located in two separate areas (1) at the northwest corner of Stockdale Highway and Renfro Road and (2) at the southwest corner of Pacheco Road and Cottonwood Road. Resolution adding territory, Area 5-07 (Berkshire, Moonstone) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-29 (Olive, Old Farm) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's repor~ and authorizing collection of assessments by the Kern County Tax Collector. Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 01-3 (Madison Grove) Resolution approving destruction of cer[ain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 ET SEQ. of the Government Code of the State of California - Public Works Department. Resolution in opposition to Proposed Presidential Executive Order allowing foreign vehicles to operate within the United States without adequate environmental protections. 4 8. CONSENT CALENDAR continued (Ward 4) (Ward 4) (Ward 7) (Wards 4,2) (Ward 4) (Ward 2) Agreements: r. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Bakersfield Avalon for Tract 5968, Unit 1, located north of Olive Drive, east of Old Farm Road. Final Map and Improvement Agreements with Bakersfield Avalon for Tract 5968, Unit 2, located north of Olive Drive, east of Old Farm Road. Final Map and Improvement Agreements with FSI Developers for Tract 6066, Unit 1, located south of Berkshire Road, west of Akers Road. Agreement to Indemnify LAFCO for City Annexation No. 433, Proceeding 1339 uninhabited territory located at the northeast corner of Reina Road and Allen Road, and south of Quincy Street between Robinson Street and Miller Street. Agreement to Indemnify LAFCO for City Annexation No. 434, Proceeding 1342, uninhabited territory located along the west side of Allen Read approximately 1,000 feet south of Rosedale Highway. u. Bakersfield Amtrak Track Inspection and Maintenance: Agreement with Niemeyer & Associates, P.C., $68,400 for two year contract for inspection services of Bakersfield Amtrak Track. Agreement with Marta Track Constructors, Inc., $30,000 for two year contract for maintenance and repair of Bakersfield Amtrak Track. Appropriate $55,855 Public Transit Claim Grant to the Amtrak Operating Fund Public Works Department's Operating Budget for maintenance expenses. 5 (Ward 1 ) (Ward 4) CONSENT CALENDAR continued v. Restoration Community Project, Inc., Infill Housing Project: 1. Terminate Agreement 00-129 with Affordable Homes, Inc. Agreement with Restoration Community Project, Inc. for $195,000 in HOME Investment Partnership (HOME)-Community Housing Development Organization (CHDO) funds to purchase and rehabilitate substandard housing in Southeast Bakersfield. 3. Appropriate $24,211 HOME Investment Partnership Program Income to the Economic and Community Development Department Operating Budget. Contract Change Order No. 6 to Agreement No. 01-042 with Utah Pacific Construction Company in the amount of $91,016.37 (total contract amount of $8,031,165.90) 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 annual contract to Granite Construction Company, not to exceed $1,200,000 for street materials. Accept bid from Comtec Telephone & Data, $57,835.57 for telephone equipment for Telecommunications Division. Accept bid from Downtown Ford Sales, $1,038,887.63 for 45 police sedans (40 replacement, 5 additional) aa. Accept bids from Thorp's Harley Davidson, Incorporated, $139,423.28 for eight replacement Police motorcycles. Miscellaneous: bb. Appointment of League Voting Delegate and alternate to annual Conference (Appointment of City Attorney Bart Thiltgen as Voting Delegate and City Manager Alan Tandy as Alternate). CC. Revision to Miscellaneous Departments Civil Service Rules & Regulations: 2. 3. 4. Rule 1 - Definitions Rule 4.07 - Veteran's Credits Rule 5.11 - Additional Credits Rule 6.05 - Reemployment/Reinstatement Lists CONSENT CALENDAR continued dd. Revised Job Specifications: 1. Electrical Technician I 2. Electrical Technician II 3. Traffic Signal Technician Staff recommends adoption of Consent Calendar Items a. through dd. (Ward 4) HEARINGS a. Public hearing on Proposed Expenditures of Bureau of Justice Assistance Local Law Enforcement Block Grant Funds. Staff recommends Council conduct public hearing on expenditure of BJA Local Law Enforcement Block Grant Funds and approve appropriations thereof. Continued hearing, 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. Denial of the zone change has been appealed by staff. 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 5 acres. Staff recommends adoption of the resolution granting the appeal and General Plan Amendment and first reading of the ordinance. 7 (Ward 3) (Ward 4) (Ward 4) HEARINGS continued Continued hearing of an ordinance upholding the decision of the Planning Commission, adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title 17 of the Bakersfield Municipal Code by changing the zoning from an R-3 (Limited Multiple Family Dwelling) Zone to PCD (Planned Commercial Development) Zone on 7.5 acres, located on the southeast corner of Mount Vernon Avenue and State Highway 178, appealed by Rich/Matz Bakersfield LLC ( File No. 02- 0263). Staff recommends upholding the decision of the Planning Commission in part, adopting the Negative Declaration, giving first reading of the ordinance and denying the appeal by Rich Matz Bakersfield LLC. Resolution upholding the decision of the Planning Commission approving Revised Vesting Tentative Tract Map 6018 and the Negative Declaration and denying the appeal by the Riverlakes Ranch Master Association. Staff recommends upholding the decision of the Planning Commission, approving the Negative Declaration and denying the appeal by the Riverlakes Ranch Master Association. Ordinance adopting the Negative Declaration amending Title 17 of the Bakersfield Municipal Code and Zoning Map 102-18 from R-l-CH (One Family Dwelling-Church) to the Planning Commission recommended C- O/PCD (Professional and Administrative Office Planned Commercial Development) Zone on 7.92 acres located along the southwest corner of Calloway Drive and Noriega Road, appealed by the residents of the area (P01-1036). Staff recommends first reading of the ordinance. 10. REPORTS a. City Manager Report No. 3-02 regarding the Aquatic Center and Ice Rink Budget and the Martin Luther King, Jr. Pool and Jefferson Pool budgets. Staff recommends approval. 11. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager August 28, 2002 (4:09 PM) 9 B A K E R S F I E L D OFFICE OF THE CiTY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/~ ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - SEPTEMBER 4, 2002 COUNCIL MEETING August 30, 2002 PRE-MEETING There are eight closed session items: 1) through 4) Conferences with legal counsel regarding existing litigation; 5) Conference with Real Property Negotiator regarding 900 13th Street; 6) Conference with Real Property Negotiator regarding 825 14th Street; and 7) and 8) Conferences with Real Property Negotiator regarding properties at Fairfax Road at Alfred Harrell Highway. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: item 8i. Ordinance Relatina to Sewer Use in the Unincoroorated Area. The City of Bakersfield has long held the policy that sewer and water services should not be supplied outside the City limits, thereby requiring annexation before these services are received. These ordinance amendments establish this policy and clarify sections of the Municipal Code that did not conform to the annexation policy. item 8i. First Readinq of Ordinances relatina to Appeals of TransPortation impact Fees, and Conditional Use Permits (CUP) and Zone Chanqes. One chapter of the Municipal Code provides for an appeal tu the County when a developer was denied a transportation impact fee credit. The County does not wish to be a part of the appellate process, so the ordinance will strike the County's involvement and place the appeal solely within the purview of the City Council. The second ordinance will clarify the number of days one has to appeal a decision from the BZA or Planning Commission of modifications of CUP's and zone changes. item 8k. First Readinq of an Ordinance adoptinq a Neaative Declaration and amendinq the zoninq from A to R1 on 38 acres at the Northeast Corner of McKee Road and Wibie Road. The applicant propose~ development on the east side of Wible Road, potentially to develop 275 dwelling units. The project site is HONORABLE MAYOR AND CITY COUNCIL AUGUST 30, 2002 PAGE 2 in the process of being annexed to the City, which is anticipated to be completed by the end of this calendar year. Resolutions: Item 81. Resolution of Application for Annexation of Uninhabited Territory. The proposed annexation consists of approximately 200 acres in two 100-acre areas. One is located at the northwest corner of Stockdale Highway and Renfro Road, and the second is located at the southwest corner of Pacheco and Cottonwood Roads. Item 8p. Resolution Approvinq Destruction of Certain Obsolete City Records. This Resolution authorizes the Public Works Department to destroy obsolete records and reports. The Government Code permits destruction of certain public records upon the approval of the City Attorney and a resolution adopted by Council. The destruction schedule is marked as Exhibit "A" to the Resolution. Item 8(3. Resolution in OPPosition to Proposed Presidential Executive Order AIIowinQ Foreiqn Vehicles to Operate Within the United States without Ade(3uate Environmental Protections. This resolution is beiny brought before Council at the request of Councilmembers Sue Benham and Mike Maggard. President Bush is proposing within the next few weeks to issue an Executive Order which would open the Mexican border to cross-border trucking. Along with other border states, this will have an immediate and extremely negative effect upon the air quality in California, the San Joaquin Valley, and the City of Bakersfield. The resolution opposes the President's proposal to open the border to foreign trucks not meeting the environmental standards of the United States. Actions of the type proposed could place local communities at risk of federal sanctions if clean air deadlines are not met. Aqreements: Item 8u. Bakersfield Amtrak Track Inspection and Maintenance. The Federal Railroad Administration (FRA) has determined that the City's track requires twice weekly inspections. FRA requires the owner of track to either have staff perform the work, or a contract with an approved inspector and maintenance company. As a result of reviewing RFQ&P submittals, staff recommends that the inspection Consultant Agreement for this project be awarded to Niemeyer & Associates, P.C. based on their combination of qualifications and fee proposal being the most favorable to the City. Additionally, three railroad maintenance firms submitted time and materials fee proposals that were evaluated based upon travel distance, time and materials rates, and per diem charges. Staff recommends that the Maintenance Contract for this project be awarded to Marta Track Constructors, Inc. based upon their overall lowest fee proposal. The contract has a not-to-exceed amount of $15,000 per year for maintenance and repair. These costs are reimbursable under the Public Transit Claim Funds as monitored by KemCOG. Item 8v. Restoration Communitv Project. Inc. Infill HousinQ Project. Due to the declining health of their executive director, Affordable Homes, Inc. (AHI) was unable to co,,plete their agreement and asked to be released from the contract. Restoration Community Project, Inc. (RCPI) is recommended to replace AHI to provide training, education, socialization and empowerment for at-risk youth. Their program is called Youth Building Bakersfield. RCPI will use $170,789 of the $195,000 in HOME CHDO funds to purchase and rehabilitate substandard housing in the Southeast Bakersfield Infill Housing target area. The remainder of funds, $24,211, will be used for eligible CHDO operating expenses, including employee costs to administer the program. All homes will be sold to Iow income residents and proceeds from the sale will be reinvested into the program. RCPI will purchase and rehabilitate not less than five homes, while training ten youths in a three_year period. The estimated cost to purchase and rehabilitate each unit is $85,000, which include~ on the job training costs. Projects will be located primarily in census tract 22. HONORABLE MAYOR AND CITY COUNCIL AUGUST 30, 2002 PAGE 3 item 8w. Contract Chanqe Order Related to the Buena Vista Trunk Sewer Phase II and Widenina of Buena Vista Road from San Joaquin Valley Railroad to White Lane in the amount of $91,016.37. Duriny the course of construction, the Contractor had to remove a substantial amount of dirt that was nut clearly identified on the plans. In addition, driveways on Buena Vista Road need to be regraded and paved to meet the new roadway grades. The contractor has agreed to accept a lump sum price of $46,016.37 as full compensation for this change. During the process of construction of the sewer under the roadway on Buena Vista Road at Panama Lane, soil was discovered that was discolored and had a very strong petroleum smell. After investigating the condition, OSHA determined that the soil condition had to be reclassified, which requires the contractor to employ additional safety measures which were unforeseen during the bidding process. The contractor has agreed to accept $45,000.00 as full compensation for employing these unforeseen safety measures. Sufficient funds are available within the project budget. Bids: item 8x. Award Contract to Granite Construction Company for street materials. This contract is used to provide asphalt material for street repairs. Two acceptable bids were received. Staff recommends award of contract to Granite Construction in an amount not to exceed $1,200,000. Item 8z. Accept Bid from Downtown Ford Sales for 45 Police Sedans (40 Replacement and 5 Additional~. Three acceptable bids were received. Staff recommends the contract be awarded tu Downtown Ford Sales in the amount of $1,038,887.63. Item 8aa. Accept Bid from Thorp's Harley Davidson, Inc. for Eiqht Replacement Police Motorcycles. One acceptable bid was received. Staff recommends award to Thorp's Harley Davidson, Inc. in the amount of $139,423.28. Miscellaneous: Item 8bb. Appointment of Leaaue Votino Deleqate and Alternate to Annual Conference. Each year, the Council appoints a voting delegate and alternate to represent the City's position on resolutions at the League of California Cities Annual Conference. The Legislative and Litigation Committee recommend the appointment of City Attorney Bart Thiltgen as delegate and City Manager Alan Tandy as alternate. Item 8cc. Revisions to Miscellaneous Departments Civil Service Rules and Reoulations. The Miscellaneous Civil Service Rules and Regulations have been updated to incorporate current terminology, state laws and clarity language to be consistent with actual practice. Those that have been updated include Definitions, Veteran's Credits, Additional Credits and Reemployment/Reinstatement Lists. CCAPE endorses the revisions, and the Miscellaneous Civil Service Board approved them on August 20, 2002. Item 8dd. Revised Job Specifications. At the request of the General Services Superintendent, the job specifications for Electrical Technician I, Electrical Technician II and Traffic Signal Technician have been reviewed and updated. CCAPE endorses the revisions, and the Miscellaneous Civil Service Board will review them on September 17, 2002. HEARINGS item 9a. Public Hearinq on Proposed Expenditures of Bureau of Justice Assistance Local Law. Enforcement Block Grant Funds. In June 2002, the Police Department was awarded a $193,332 Local Law Enforcement Block Grant from the Bureau of Justice Assistance (BJA). The purpose is to provide HONORABLE MAYOR AND CITY COUNCIL AUGUST 30, 2002 PAGE 4 local units with funds to underwrite projects to reduce crime and improve public safety. The Police Department desires to use these funds to develop and implement a Wireless Local Area Network 0NLAN) which would allow the department to remotely upgrade software in patrol vehicle MDC's. The remaining funds will upgrade the aging communications center radios and consoles. The total program cost is $214,813, the BJA will provide $193,332 (90%), and the City is required to pay the remaining $21,481. A number of grant conditions must first be met, including that at least one public hearing be held. Item 9b. Continued Hearinq of Concurrent General Plan Amendment and Zone Chanae for the Northwest Corner of Jewetta Avenue and Brimhall Road. This item was continued by the City Council at the May 22, 2002, June 12, 2002 and August 21, z002, meetings in order for the applicant and surrounding property owners to discuss the project and come to a decision. 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 agreed 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) is appealing the Planning Commission's decision in order to receive a zone district designation for the site prior to completion of the annexation to the city limits. If this action is approved, the City will be able to complete greatly needed improvements on both Brimhall Road and Jewetta Road. 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. Item 9c. Continued Hearinq of an Ordinance Upholdinq the Decision of the Planninq Commission for the Southeast Corner of Mt. Vernon Avenue and State Hi(3hwav 178. This item was continued from the Junu 26, 2002, July 31, 2002, and August 21, 2002 City Council meetings at the request of the applicant to have more time to work out issues relating to road design. Councilman Maggard in his discussion about the request for continuance expressed concerns he also wanted to address in the hearing. These included the number of lanes, sidewalks, bus stops and architectural style. The applicant informs staff that they are very close to resolving the cimulation issues. However, at the time this report was written, no additional information had been submitted. Item 9d. Resolution Upholdinq the Decision of the Planninq Commission Approvinq the Revised Vestinq Tentative Tract Map and Neaative Declaration, and Den¥inq the Appeal by the Riverlakes Ranch Maste~ Association. To allow discussions with the applicants and appellants, the hearing was continued fro~ the August 21, 2002 meeting to September 4, 2002. The RiverLakes Ranch Master Association, the homeowners association for the RiverLakes development has filed an appeal contending the Negative Declaration is inadequate in the areas of consistency with the General Plan and the RiverLakes Ranch Specific Plan (as amended), traffic analysis, population and housing, and public services and recreation. During the June 6, 2002 public hearing before the Planning Commission, several hours of public testimony was taken from approximately 20 area residents. Speakers expressed several concerns about the proposed project including: 1) additional traffic congestion and safety concerns, especially on Southshore Drive and RiverLakes Drive; 2) lack of street access to Coffee Road from the project site; 3) use of recreational amenities by apartment residents without membership in the RiverLakes Homeowners Association; and density. Similar public testimony was taken by the Planning Commission HONORABLE MAYOR AND CITY COUNCIL AUGUST 30, 2002 PAGE 5 during the July 18, 2002 hearing. As stated in the letter submitted by the RiverLakes Ranch Master Association appealing the Planning Commission's decision (Exhibit "D"), it is their opinion that the Initial Study was in error or incomplete. Many of these statements appear to be personal opinions and no evidence on the record was provided. Staff would recommend the Council affirm the decision of the Planning Commission, and deny the appeal. Item 9e. Ordinance Adoptinq the Neqative Declaration and Amendinq the Municipal code for 7.92 Acres alonq the southwest Corner of Callowa¥ Drive and Norie(]a Road. The City Council conducted the first reading of the ordinance on August 21, 2002. The Council then continued the zone change until the September 4, 2002 public hearing. This PCD combining zone would permit the development of any use allowed by the C-O zoning district. Conditional uses are also permitted in the C-O/PCD; however, once the PCD zone is effective conditional uses must be processed subject to Section17.64 of the Municipal Code. REPORTS Item 10a. City Manaqer's Report reqardinq the Aquatic Center and Ice Rink Budqet, and the Martin Luther Kinq, Jr. Pool and Jefferson Pool Budaets. The City Manager will give a report on the proposed budget for the Aquatic Center and Ice Rink, which has one combined budget due to the fact that both projects share costs and facilities. Rossetti and Associates are under contract to work on the refinement of the cost estimates. It is estimated at this time to cost between $9 million and $10 million, depending on the feasibility of the Olympic or competitive elements being constructed. The Kern High School District has been approached to participate financially. Should they decide not to participate, funds will be needed through the City's revenue sources. Staff recommends the following: 1) 2) That the new aquatic facility near 14th at P/Q Street be designed as a top quality zero-entry pool with water spray elements, slides, diving, and lap lanes. In essence, a small waterpark. That $668,625 be added to the project budget from the following sources: 1) $230,000 reserved for beautification in that area, 2) $438,625 from "frozen" budget funds. 3) 4) That we continue to advance a plan to replace more of our deteriorated and aging aquatic facilities, including competitive swim elements, with Proposition 40 money, contributions from the High School District, and other sources of funds. We will work with a High School District Committee to bring forward a specific plan for a new aquatic facility with competitive elements. To demonstrate the sincerity of desire to move to a real plan, we propose to reserve $1.0 million from Proposition 40 money for that purpose. Re-designate $159,285 in block grant funds to the MLK and Jefferson pool projects. These funds were initially budgeted for a storm drain project that was canceled. Other more expensive alternatives with more amenities are outlined in the administrative report. AT:AC:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Closed Session ITEM: 3Da. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (C) of Government Code section 54956.9. In the Matter of the Claim of: American Yeast RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:11AM ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 IAGENDA SECTION: Closed Session ITEM: 3.b. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Joanne Edna Mullins v. City of Bakersfield, et a~, Kern County Superior Court Case No. 242706-JES RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:44AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Closed Session ITEM: 3.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 APPROVED DEPARTMENT HEAD ~ ClT~ATI'ORNEY ~ ClTY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Brittnee Alaina Walters v. City of Bakersfield, et al.; Kern County Superior Court Case No. 245436-RJA RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:43AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Closed Session TEM: 3od. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 APPROVED DEPARTMENT HEAD~ CiTY ATrORNEY~~~--~ ClTY MANAGER_~_~ SUBJECT: Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Joe Wayne Devers, et al. v. Damacio Diaz, et al.; United States District Court Case No. CV-F-01-5933 DLB RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:14AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Closed Session ITEM: 3.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER APPROVED Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: 900 13th Street, Bakersfield, California, 93301 (APN 006-472-10 Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Reynaldo Ruiz Under Negotiation: Price and terms of payment for purchase of fee simple interest RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:09AM ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 AGENDA SECTION: Closed Session ITEM: 3.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: 825 14th Street, Bakersfield, California, 93301 Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Arlene K. Hunter, Owner Under Negotiation: Price and terms of payment for purchase of fee simple interest RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:05AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 IAGENDA SECTION: Closed Session ITEM: 3.q. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 APPROVED DEPARTMENT HEAD ~ ClTY ATTORNEY ~ ClTY MANAGER ~ SUBJECT: Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: Fairfax Road at Alfred Harrell Highway (APN 436-054-02) Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: David H. Easton, Jr. Under Negotiation: Price and terms of payment for purchase of fee simple interest RECOMMENDATION: BACKGROUND: BJT:Ias August 22, 2002, 10:03AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Closed Session ITEM: 3. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 APPROVED DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: Fairfax Road at Alfred Harrell Highway (APN 436-061-08) Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: Peter Roos for Keith & Mack Oil Co. Under Negotiation: Price and terms of payment for purchase of fee simple interest RECOMMENDATION: BACKGROUND: BJT:las August 22, 2002, 10:02AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 IAGENDA SECTION: Presentations ITEM: 5.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall August 24, 2002 DEPARTMENT HEAD_~I~. CITY ATTORNEY CiTY MANAGER Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 25 through October 6, 2002, as ~Kern County Fair Days". RECOMMENDATION: BACKGROUND: August 23, 2002, 6:34pm ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Presentations ITEM: 5.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall August 24, 2002 DEPARTMENT HEAD ClTY A'n'ORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Tony Lopez, Prevention Services Program Specialist, Clinica Sierra Vista, proclaiming September 23, 2002, as UFamily Day". RECOMMENDATION: BACKGROUND: August 23, 2002, 7:08pm ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: Honorable Mayor and City Council Pam McCarthy, City Clerk August 23, 2002 DEPARTMENT HEAD APPROVED CITY ATTORNEY CITY MANAGER ~ SUBJECT: Minutes of the Council meeting of August 21,2002 for approval. RECOMMENDATION: BACKGROUND: bz S:~Councfl\admins~2002~AUG2102.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 22, 2002 APPROVED DEPARTMENT HEAD ,,/~ ~ - CITY ATTORNE~Y ~ CITY MANAGER //~_ ,~ Approval of department payments from August 9, 2002 to August 22, 2002 in the amount of $7,545,649.53 and self insurance payments from August 9, 2002 to August 22, 2002 in the amount of $212,544.43. RECOMMENDATION: Staff recommends approval of payments totaling $7,758,193.96. BACKGROUND: klg August 22, 2002, 1:49PM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 IAGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 16, 2002 APPROVED CITY ATTORNEY CITY MANAGER Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 123-01 from RS (Residential Suburban) to C-O/PCD (Commercial and Administrative Office - Planned Commercial Development) zone on 4.12 acres, located along the north side of Ming Avenue, west of Anita Lane (ZC 02-0316). (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 21, 2002. This request permits the conversion of several existing homes to office commercial uses. The Planning Commission recommended that the conversion be done in a manner that maintains the character of the neighborhood. The homes which may be converted to commercial or office uses shall remain single story and architecturally compatible with the look and character of the neighborhood. Approving a C-O-/PCD zone district achieves the intent of both the applicant and the Planning Commission, while providing a forum for the neighborhood to discuss the conversion of the site, when appropriate. MO:pjt Admin~sept\9-4-0316 ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8.d. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 22, 2002 APPROVED DEPARTMENT HEAD ~/~ _ ' CITY ATTORNEY CITY MANAGER SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-31 for an ordinance amendment of the PUD (Planned Unit Development) zone at 350 Calloway Drive located east of Calloway Drive and north of the Cross Valley Canal (ZC P02-0283). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on August 21,2002. Careage Development Co. proposed 14 additional dwelling units to an existing development on Calloway Drive called Glenwood Gardens. The commission and staff supported the request as minor change to an existing medical/residential facility. RED (adrnin~sept\9-4-0283) August 22, 2002, 11:00am ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8oe. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 23, 2002 APPROVED DEPARTMENT HEAD ~'~')~ CITY ATrORNEY. ///~ CITY MANAGER ~ SUBJECT: Ordinance adopting the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map 123-25 from R-2 (Limited Multiple Family Dwelling) to the City Council determined C-O/PCD (Professional and Administrative Office Planned Commercial Development) zone on 2.67 acres located along the east side of Wible Road approximately 400 feet south of Panama Lane (P02-0290). (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on August 21,2002. This PCD combining zone would permit the development of any use allowed by the C-O zoning district. Conditional uses are also permitted in the C-O/PCD; however, once the PCD zone is effective conditional uses must be processed subject to Section17.64 of the municipal code. RED:pjt (adm in,sept\9-4-0290) August 23, 2002, 8:06am ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 16, 2002 APPROVED DEPARTME.T,EAD CITYATrORNEY ~Y~ ClTYMANAGER f~-~ An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No.123-18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-2 (Limited Multiple Family) to R-1 (One Family Dwelling) on 3.24 acres generally located on the east side of Buena Vista Road, between White Lane and Campus Park Drive. (ZC 02-0529) (Ward 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On August 21,2002 the City Council conducted first reading of this ordinance. On August 1, 2002, the Planning Commission adopted Resolution No. 87-02 recommending adoption of the ordinance approving Zone Change No. 02-0529. Cornerstone Engineering, representing Ben and Boots Fitzgerald (property owner), has applied to change the zoning on 3.24 acres from Limited Multiple Family Dwelling (R-2) to One Family Dwelling (R-l). The land subject to the proposed zone change is being subdivided concurrently with Vesting Tentative Tract Map No. 6116 for the purpose of single family residential development. The configuration of the subdivision proposed on the subject land would create parcels that have split zoning of R-1 and R-2. The subject zone change is being proposed at staff's request to provide uniform zoning throughout the proposed subdivision and within the individual parcels. The zone change requirement has been placed as a condition of approval on Tract 6116. The R-2 zoning would currently allow 54 multiple family dwellings to be constructed in the 3.24 acre project area. Tentative Tract 6116 is proposing 15 single family units on the portion of the subdivision which is currently zoned R-2. No one spoke in opposition to this proposal. Based on an initial study, staff has determined the proposed project will not significantly affect the physical environment. A Negative Declaration was prepared and noticed. Ip Adrnin~sept~9-400529 ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8.g. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Development Services - Planning August 22, 2002 APPROVED DEPARTMENT HEAD~'~'~/ CITY ATTORNEY CITY MANAGER An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 from M-3 (Heavy Industrial) to C-2 (Regional Commercial) on 4.61 acres, M-2 (General Manufacturing) to C-2 on 14.98 acres, M-3 to R- 1/PUD (One Family Dwelling/Planned Unit Development) on 49.51 acres, M-2 to R-l/PUD on 14.71 acres, and M-1 (Light Manufacturing) to R-l/PUD on 16.06 acres located adjacent on the south side of Highway 58, between Oswell Street and Sterling Road. (ZC 02-0291) (Ward 1 ) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 21, 2002. The requested zone change (ZC 02-0291) was proposed in conjunction with GPA 02-0291, which the City Council adopted on August 21, 2002. The City Council also adopted Conditions of Approval and Mitigation Measures which are provided in Exhibit 3 of the Ordinance. This Ordinance reflects the general plan amendment in the zoning ordinance. wc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 22, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY / ~'~' CITY MANAGER. An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-19 from R-1 (2.99 acres) and C-2 (.9 acres) to P.C.D. (Planned Commercial Development) on 3.89 acres located west of Jeffrey Street and south of W. Columbus Street, at the western end of W. Jeffrey Street. (ZC 02-0218) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 21, 2002. The requested zone change (ZC 02-0218) was proposed in conjunction with GPA 02-0218, which the City Council adopted on August 21, 2002. The City Council also adopted Conditions of Approval which are provided in Exhibit 3 of the Ordinance. This Ordinance reflects the general plan amendment in the zoning ordinance. WC Admin\sept\9-4-0218 ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 22, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER Ordinance repealing Chapter 14.16 of the Bakersfield Municipal Code and adding new Chapter 14.16 relating to sewer use in the unincorporated area; amending section 14.04.030(E) relating to water service; and repealing sections 14.04.030(F) and (G). RECOMMENDATION: Staff recommends first reading of this Ordinance. BACKGROUND: The City of Bakersfield has long held the policy that sewer and water services should not be supplied outside the City limits, thereby requiring annexation before these services are received. These ordinance amendments establish this policy and clarify sections of the Municipal Code that did not conform to the annexation policy. Under these amendments annexation will be required for water service through the City water system and sewer service will also require annexation unless such service is supplied through an intergovernmental agreement. Connections made prior to the effective date of the ordinance will not be affected. ADD:Isc S:\COU NCIL~Admins\Sewer&WaterServ. U nincorp.doc 8/13/2002 11:44:12 AM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 19, 2002 DEPARTMENT HEAD CITY A'I'FORNEY CITY MANAGER APPROVED First reading of an ordinance amending Chapter 15.84.100 of the Bakersfield Municipal Code relating to Appeals - Transportation Impact Fee. First reading of an ordinance amending Chapter 17.64.090 of the Bakersfield Municipal Code relating to Appeals - - Modifications, conditional use permits and zone changes. RECOMMENDATION: Staff recommends first reading Of these ordinances. BACKGROUND: 1. Chapter 15.84.100 of the Bakersfield Municipal Code relates to appeals of decisions by the Public Works Director concerning traffic impact fee credits. When this section was adopted a few years ago, it included a provision that required a developer, who had been denied a transportation impact fee credit, to first file an appeal with the County Board of Supervisors. The decision by the Board was advisory only to the City Council. The recent appeal of Riverlakes Investment Company (Craig Carver) and Kyle Carter Homes with respect to traffic impact fee credits brought this language to the attention of the County. The County indicated that such language had never been formally approved by the County and that it did not want to be a part of the traffic impact fee appellate process. As such, the attached ordinance simply strikes the County's involvement from the process and places the appeal solely within the purview of City Council. 2. The revision to 17.64.090 is to simply clarify the number of days that one has to appeal from a Board of Zoning Adjustment or Planning Commission decision. Currently, the Code says "10 days." To eliminate any confusion between calendar or working days, the proposed revision expressly provides that appeals must be submitted within ten (10) calendar days. VG:alj August 19, 2002, 9:32AM S:\COU NClL~Admins\15.84.100-17.64.090Amend.Appeals.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 23, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER. An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One Family Dwelling) zone on 38 acres located at the northeast corner of McKee Road and Wible Road.(ZC 02-0541). (Ward 7). RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: The applicant proposes development on the east side of Wible Road. The project is similar to those which exist adjacent to the north and west of the site. There is a potential to develop 275 dwelling units at a density similar to that which exists in the general area. All urban services are available and can easily be extended to serve the development. There were no issues/concerns raised by nearby residents/public agencies. The proposed zone change is consistent with the existing land use designation allowed by the general plan. The LR (Low Density Residential) allows up to 7.26 dwelling units per net acre. The project site is in the process of being annexed to the city. It is anticipated that the annexation will be completed by the end of this calendar year. MO:pjt Admin~sept\9-4-0541 ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 13, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 437, located in two separate areas (1) at the northwest corner of Stockdale Highway and Renfro Road and (2) at the southwest corner of Pacheco Road and Cottonwood Road. 0Nards 4 & 1) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 437 to the City of Bakersfield. The proposed annexation consists of approximately 200 acres of uninhabited land. This annexation consists of two widely separated 100 acre areas, one located at the northwest corner of Stockdale Highway and Renfro Road and the other located at the southwest corner of Pacheco Road and Cottonwood Road. The territory in both areas has no structures on them. The property owners of both areas have consented to annexation. MO: Admin\sept\9-4-437 ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 16, 2002 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory, Area 5-07 (Berkshire, Moonstone) 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. (VVard 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 21, 2002 the Council adopted Resolution of Intention No. 1279 to add territory, Area 5-07 (Berkshire, Moonstone), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6092. Area 5-07 is generally bounded by Berkshire Road on the north, a line 690 feet west of Union Avenue on the east, a line ¼ mile south of Berkshire Road on the south and a line 660 feet east of Monitor Street 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 has been constructed and 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, 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. ivd08/14/2002 3:54 PM G:\GROU PDA T\AD M INR PT~2002\Sep 4~MD5-07RE02.dot ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: Honorable Mayor and City Council APPRpVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 16, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory, Area 1-29 (Olive, Old Farm) 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 August 21, 2002 the Council adopted Resolution of Intention No. 1280 to add territory, Area 1-29 (Olive, Old Farm), 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 street landscaping for Tentative Tracts Nos. 5829 Unit 3, 5831 Unit 4 and 5968. Area 1- 29 is generally bounded by Snow Road on the north, Jewetta Avenue on the east, a line ¼ mile south of Olive Drive on the south and a line ¼ mile west of Old Farm 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 letters from the owners of the property described above which waive 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 owners also have submitted Proposition 218 ballots indicating their 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 subdivideddeveloper to be recorded with the subdivision maps. Copies of these covenants are attached for reference. Ivd08/14/2002 3:54 PM G:\GROU PDAT\A DM INR PTO.002\Sep 4\MD 1-29RE02.dot ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: /{.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 22, 2002 APPROVED DEPARTMENT HEAD CITY MANAGER Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 01-3 (Madison Grove...). RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On June 12, 2002, Council approved the Resolution 096-02 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield Assessment District 01-3 (Madison Grove...). The Bond issue amount was estimated to be $5,175,000. Subsequent to the adoption of Resolution 096-02, the actual amount of bonds issued for the district was $5,060,000 ($115,000 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. klg August 22, 2002, 8:29AM S:\KimG\Forms & Lables~Admin-AssmtDist01-3,doc ADMINISTRATIVE REPORT IMEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.po TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 1, 2002 APRROVED DEPARTMENT HEAD CITY MANAGER A Resolution of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 ET SEQ. of the Government Code of the State of California - Public Works Department. RECOMMENDATION: Staff recommends approval of Resolution. BACKGROUND: This Resolution authorizes the Public Works Department to destroy obsolete records and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by the City Council. Attached is a copy of the Records Destruction Schedule marked Exhibit "A". dns August 16, 2002, 2:16pm G:\GROUPDAT~J~MINRPT~2002~Sep 18\Records Destruction Admin.wpd ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager August 28, 2002 DEPARTMENT HEAD CITY ATrORNEY APPROVED M*.AGE. Resolution in Opposition to Proposed Presidential Executive Order Allowing Foreign V. ehic es to Operate With~in the United States without Adequate EnvironmentaJ Protections RECOMMENDATION: Approval of-Resolution. BACKGROUND: This resOlution is being brought before Council-at the request of Councilmembers Sue Benham and Mike Maggard. The President of the United States is proposing within the next few Weeks to issue an Executive Order which would open the Mexican border to cross-border trucking. This would allow tens of thousands of big rigs from Mexico to be free to travel throughout the United States without the necessity of following national and state environmental regulations and law. Along with other border states, this will have an immediate and extremely negative effect upon the air quality in California, the San Joaquin Valley, and the City of Bakersfield. The resolution opposes the President's proposal, through Executive Order, to open the border to foreign trucks not meeting the environmental standards of the United States. Californians have worked very hard to clean up California's air. Action of the type proposed could eliminate months and even years of advances made eliminating contaminants from the air and place local communities at risk of federal sanctions if clean air deadlines are not met. Council is urged to approve the resolution and direct staff to forward it to the White House and Bakersfield Congressional legislators. August 28, 2002, 10:32AM P:\L&L~Admin Reports~ADM02-09-04-2-BorderTrucking.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDxA SECTION: Consent Calendar ITEM: u.r. TO: FROM: DATE: SUBJECT: (1) (2) (3) Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 14, 2002 Tract Maps/Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER ~' APPROVED Final Map and Improvement Agreements with Bakersfield Avalon for Tract 5968 Unit 1 located north of Olive Drive and east of Old Farm Road. (Ward 4) Final Map and Improvement Agreements with Bakersfield Avalon for Tract 5968 Unit 2 located north of Olive Drive and east of Old Farm Road. (Ward 4) Final Map and Improvement Agreements with FSI Developers for Tract 6066 Unit 1 located south of Berkshire Road and west of Akers Road. (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 1N THE CITY CLERK'S OFFICE FOR REVIEW. td August 15, 2002, 8:41AM G:\GROUPDAT~ADMINRPT~002\Sep 4\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent ITEM: 8.s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 14, 2002 APPROVED DEPARTMENTHEAD ~-.~ CITY ATTORNEY CITY MANAGER ~ Agreement to Indemnify LAFCO for City Annexation No. 433, Proceeding 1339 uninhabited territory located: 1) at the northeast corner of Reina Road and Allen Road and 2) south of Quincy St. between Robinson St. and Miller St. (Wards 4 & 2) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing the annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certification of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owners consent to annex the site to the city. The annexation consists of approximately 40 acres of uninhabited land located at the northeast corner of Reina Road and Allen Road and approximately 0.005 acres of uninhabited land located along the south side of Quincy Street between Robinson and Miller Streets. The area at Reina and Allen is currently undeveloped with an approved county tract; while the property at Quincy Street is a small portion of the front yard of a single family residence. The property owners have consented to annexation and wish to receive city services. MO:pjt Admin\sept\9-4-a433 ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 IAGENDA SECTION: Consent ITEM: 8.t. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 13, 2002 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED Agreement to Indemnify LAFCO for City Annexation No. 434, Proceeding 1342 uninhabited territory located along the west side of Allen Road approximately 1,000 feet south of Rosedale Highway. (Ward 4) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing the annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certification of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation area consists of 8.14 acres of uninhabited land, which is currently undeveloped and located along the west side of Allen Road, approximately 1,000 feet south of Rosedale Highway. The property owner wishes to annex the site and develop in the city. MO:p jr Admin~ept~9-4-a434 ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.uo TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 15, 2002 APPROVED DEPARTMENT HEAD ~ ClTY ATrORNEY ~ CITY MANAGER ,,/~- Bakersfield Amtrak Track Inspection and Maintenance (Ward 2): Agreement with Niemeyer & Associates, P.C. ($68,400) for two year contract fOr inspection services of Bakersfield Amtrak Track. 2. Agreement with Matra Track Constructors, Inc. ($30,000) for two year contract for maintenance and repair of Bakersfield Amtrak Track. 3. Appropriate $55,855 Public Transit Claim Grant to the Amtrak Operating Fund Public Works Department's Operating Budget for maintenance expenses. RECOMMENDATION: Staff recommends approval of Agreements and appropriation. BACKGROUND: The Bakersfield Amtrak Station includes approximately 6,500 feet of track with 5 switches that are owned by the City of Bakersfield. The Federal Railroad Administration (FRA) has determined that the City's track requires twice weekly inspection. FRA requires the owner of track to either have on staff or have a contract with an approved inspector and maintenance company. In February 2002, staff began the Qualification Based Selection process of selecting a consultant for this project. A Request for Qualifications and Fee Proposal (RFC&P) was sent to eleven firms, resulting in submittals of Statements of Qualifications and Fee Proposals from four firms: Niemeyer & Associates, P.C. (Ringwood, IL); Marta Track Constructors, Inc. (Eighty-Four, PA); United States Railroad Services, Inc. (Vista, CA); and Industrial Railways Company (Pinole, CA). As a result of reviewing those submittals, staff recommends that the inspection Consultant Agreement for this project be awarded to Niemeyer & Associates, P.C. based on their combination of qualifications and fee proposal being the most favorable to the City. Additionally, a Request for Fee Proposals (RFP) was sent to four railroad maintenance firms with three firms submitting time and materials fee proposals for this project: Maria Track Constructors, Inc. (Eighty- Four, PA); United States Railroad Services, Inc. (Vista, CA); and H&H Engineering Construction, Inc. (Stockton, CA). The three fee proposals were evaluated based upon travel distance, time and materials rates, and per diem charges. Staff recommends that the Maintenance Contract for this project be awarded to Maria Track Constructors, Inc. based upon their overall lowest fee proposal. The contract has a not-to-exceed amount of $15,000 per year for maintenance and repair. These costs are reimbursable under the Public Transit Claim Funds as monitored by KernCOG. Wgm August 19, 2002, 1:02PM G:\GROUPDAT'~DMINRP'r'~.002\Sep 4V~,mtrak Track Inspection and Maintenance.dot ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director August 27, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Restoration Community Project, Inc., Infill Housing Project: 0NARD 1) APPROVED 1. Terminate Agreement 00-129 With Affordable Homes, Inc. Agreement with Restoration Community Project, Inc., for $195,000 in HOME Investment Partnership (HOME)-Community Housing Development Organization (CHDO) funds to purchase and rehabilitate substandard housing in Southeast Bakersfield. Appropriate $24,211 HOME Investment Partnership Program Income to the Economic and Community Development Department Operating Budget. RECOMMENDATION: Staff recommends approval. BACKGROUND: Affordable Homes, Inc. (AHI) received approximately $195,000 in HOME CHDO funds through Agreement #00-129 (April 26, 2000) to purchase, rehabilitate and sell affordable homes to Iow income persons in Bakersfield. Due to the deteriorating health of Mr. Hal Rosen, AHI's executive director, they were unable to complete the agreement and asked to be released from the contract. This action will release CHDO funds from prior years that will need to be reallocated quickly to a compatible project. Restoration Community Project, Inc. (RCPI) is a nonprofit organization and a Community Housing Development Organization (CHDO) whose mission is to restore individuals in the community to wholeness. They accomplish this by operating two transitional housing and recovery facilities for alcohol and substance abuse clients: one for women and one for men. Individuals move to independent living within 24 months. RCPI also has a community restoration vision: training youths who are seen as a liability to the community, and transforming them into community assets who will rehabilitate dilapidated homes in the community, run cleanup projects, and beautify streets and individual properties. This project is called Youth Building Bakersfield. It is based on the national Youthbuild model of training, education, socialization and empowerment for independence for at-risk youth. RCPI submitted an application for CHDO funds for this project in the regular NOFA process held by the City for consideration of CHDO HOME funds for FY 2002-03. Due to prior City financial commitments of CHDO funds to Bakersfield S:~Admins\City Council\RCPI Youth Buildrev.doc 8~27~2002 4:19 PM ADMINISTRATIVE REPORT Page 2 Senior Center and a pending agreement with a selected Lakeview Neighborhood Infill housing program non- profit builder, additional funds were not available for the RCPI project. RCPI will use $170,789 of the $195,000 in HOME CHDO funds to purchase and rehabilitate substandard housing in the Southeast Bakersfield Infill Housing target area. The remainder of funds, will be used for eligible CHDO operating expenses, including employee costs to administer the program. All homes will be sold to Iow income residents and proceeds from the sale will be reinvested into the program. RCPI will purchase and rehabilitate not less than five homes, while training ten youths in a three year period. The estimated cost to purchase and rehabilitate each unit is $85,000, which includes on the job training costs. Projects will be located primarily in census tract 22. RCPI recently received a $25,000.00 planning grant from Ameri-Corps to develop partnerships in the community to deliver social and other services to the community. This grant will also help RCPI pay some of its staff costs as it relates to recruitment of training participants and delivering training opportunities to the participants. RCPI's youth training program will require extensive collaboration with other service agencies. RCPI's training program is called Youth Building Bakersfield (YBB). YBB targets youth between the ages of 18 and 24 years, who are described as at-risk youth. Most participants will be high school dropouts in need of a GED and job training. The program will enroll youths in the GED program, and provide valuable in-the-field construction training, social skills and positive reinforcement as they move towards building a productive life. Youths will be employed by RCPi. Compensation will be based on an hourly wage of no less than $6.75/hour for approximately four hours per day. Time spent in the classroom will not be compensated. At the end of the program, a $1,000 bonus will be awarded to the participants who receive a GED and complete the training program successfully. RCPI will work with the Bakersfield Adult School, the Career Training Center to obtain participants in the program. A licensed general contractor will provide training and building expertise to ensure the success of the project. Details in the agreement call for RCPI to purchase two substandard homes for rehabilitation within 16 weeks of the execution of this agreement. Rehabilitation will be completed no later than 32 weeks from execution. The rehabilitated homes will be sold to Iow income homebuyers whose incomes do not exceed 80% of median income and the process will be repeated until RCPI has fulfilled its obligation under this agreement. RCPI's complete program of training, schooling and rehabilitation of housing will be finished within three years. This is an outstanding program that will accomplish two priority goals of the City, employment training and creation of affordable housing. Once established, RCPI intends to refine the program to receive certification from the National Youthbuild Coalition and apply directly to HUD for future YOUTHBUILD program funds. S:~Admins\City Council\RCPI Youth Buildrev.doc 8/27120024:19 PM ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 19, 2002 APPROVED DEPARTMENT HEAD CITY A'I-i'ORN EY CITY MANAGER Contract Change Order No. 6 to Agreement No. 01-042 with Utah Pacific Construction Company in the amount of $91,016.37 (for a total contract amount of $8,031,165.90) 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 additional excavation on Buena Vista Road and for additional safety measures required by OSHA. During the course of construction, the Contractor had to remove a substantial amount of dirt that was not clearly identified on the plans. This excavation was extensive because an elevated area of soil had to be removed to accomplish the optimum cross slope for the roadway. In addition, driveways on Buena Vista Road need to be regraded and paved to meet the new roadway grades. The contractor has agreed to accept a lump sum price of $46,016.37 as full compensation for this change. During the process of boring the casing for the sewer under the roadway on Buena Vista Road at Panama Lane, soil was discovered that was discolored and had a very strong petroleum smell. After investigating the condition, OSHA determined that the soil condition had to be changed from "POTENTIALLY GASSY" to "GASSY." This classification change requires the contractor to employ additional safety measures which were unforeseen during the bidding process. These safety measures include, but are not limited to, full respiratory gear and the employment of a full time hygienist. The contractor has agreed to accept $45,000.00 as full compensation for employing these unforeseen safety measures. This Contract Change Order will final out the project. Sufficient funds are available within the project budget. August 22, 2002, 1:12PM G:\GROUPDA'rV~DMINRPT~2002\Sep 4\01-042 CCO 6 Buena Vista Sewer Ph 2.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 14, 2002 APPROVED DEPARTMENT HEAD CITY ATFOR E~Y_~~ CITY MANAGER SUBJECT: Accept bid to award annual contract to Granite Construction Company, not to exceed $1,200,000, for street materials. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used to provide asphalt material for repair of city streets. Invitations to bid were sent to three (3) vendors. Two (2) bids were received. Departments estimate quantities and types of material that may be required for the contract year. The unit prices of two (2) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Granite Construction Company. DW:Ijm August 20, 2002, 3:22PM P:~DMIN~002 ADMIN~C02_0904_A_AC-Street Materials.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8..y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 20, 2002 APPROVED DEPARTMENTHEAD CITY ATTORNL~Y ,._~ CITY MANAGER Accept bid from Comtec Telephone & Data $57,835.57, for telephone equipment for Telecommunications Division. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: follows: Invitations to bid were sent to four (4) vendors. Two (2) bids were received, as Comtec Telephone & Data 1849 Keystone Court Redding, CA 96003 FYI Communications, Incorporated 4440 Grissom Street #104 Bakersfield, CA 93313 (City) in the amount of in the amount of $57,835.57 $63,787.40 August 20, 2002, 2:24PM PURCHASING DIVISION / DW:Ijm P:~ADMIN~002 ADMIN\C02_0904_C_IWATSU Telephone Equipment.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar TEM.' 8.z. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 22, 2002 APPROVED DEPARTMENT HEAD ~ C TY ATTORNEY ~ CITY MANAGER ~ Accept bid from Downtown Ford Sales, $1,038,887.63, for forty-five (45) police sedans. (40 replacement, 5 additional) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: follows: Invitations to bid were sent to nine (9) vendors. Three bids were received, as Black & White (44) White (1) Downtown Ford Sales 525 North 16th Street Sacramento, CA 95814 in the amount of $1,016,220.70 $22,666.93 Hoblit Motors P.O. Box 910 Woodland, CA 95776 in the amount of $1,047,098.91 $23,410,64 Jim Burke Ford 2001 Oak Street Bakersfield, CA 93301 (City) in the amount of With 1% tax consideration $1,104,654.76 $1,094,357.00 $24,690.73 $24,460.56 August 23, 2002, 8:28AM PURCHASING DIVISION ! DW:Ijm P:~ADMIN~002 ADMIN~CO2_0904_D_Police Sedans.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.aao TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 14, 2002 APPROVED DEPARTMENT HEAD~,._~..__~_. Accept bids from Thorp's Harley Davidson, Incorporated, $139,423.28, for eight (8) replacement Police motorcycles. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eight (8) vendors. One (1) bid, from the local vendor, was received. Staff recommends award be made as follows: Thorp's Harley Davidson, Incorporated 824 18th Street Bakersfield, CA 93301 in the amount of $139,423.28 August 20, 2002, 8:49AM P:~ADMIN',2002 ADMIN\C02_0904_B_Police Motorcycles.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8obb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager August 21, 2002 APPROVED DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER Appointment of Eeague Voting Delegate and Alternate to Ani3ual Conference RECOMMENDATION: Appointment of City Attorney Bart Thilt'gen as Voting Delegate .and City Manager Alan T.andy as Alternate. BACKGROUND: Each year, as part of the City's membership in the League of California Cities, the City Council appoints a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. This information is pTOvided ahead of time so that proper recoi'd~ may be established for the Annual Conference which is being held October 2-5, 2002, in Long Beach. The annual business meeting will be held on Saturday, October 5. The Legislative and Litigation Committee met on August 19, 2002, to discuss this issue. The Delegate and Alternate are typically appointed from among elected leaders attending the Annual Conference, but city staff can also fill these positions. Scheduling conflicts preclude elected leaders planning to attend the conference from participating in the Saturday annual business meeting. Contact with staff indicated City Attorney Bart Thiltgen and City Manager Alan Tandy would be able to serve in the capacities of Voting Delegate and Alternate, respectively. The Legislative and Litigation Committee is, therefore, recommending that Council appoint City Attorney Bart Thiltgen as this year's League Voting Delegate and City Manager Alan Tandy as Alternate. August 23, 2002, 11:27AM P:\L&L~Admin Reports~ADM02-09-04-1-VotingDelegate.doc ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8occ. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~,~[,~ APPROVED Carroll Hayden, Human Resources Manager~t'D'DEPARTMENT HEAD /~.-~ August 22, 2002 CITY ATTORNEY ~ CITY MANAGER ~ Revision to Miscellaneous Departments Civil Service Rules & Regulations 1 ) Rule I - Definitions 2) Rule 4.07 - Veteran's Credits 3) Rule 5.11 - Additional Credits 4) Rule 6.05 - Reemployment/Reinstatement Lists RECOMMENDATION: Staff recommends approval of revisions. BACKGROUND: The Miscellaneous Civil Service Rules and Regulations have been updated to incorporate current terminology, state laws and clarify language to be consistent with actual practice. California Government Code Section 18973 defines a veteran as anyone who has served full time for 30 days or more in war or in peace in a campaign in which a medal has been authorized by the United States government, or has served 101 consecutive days since January 31, 1955, and who has been released under conditions other than dishonorable. The reemployment/reinstatement language has been updated to more clearly distinguish between the two types of lists. In addition, the terms and conditions of eligibility for both have been clarified and the language has been modified to reflect current terminology. The Central California Association of Public Employees endorses the revisions. The Miscellaneous Civil Service Board approved the revisions on August 20, 2002. (]m) August 27, 2002, 3:23PM S:~ADMINRP'I~Misc Civil Service Rule Revision - Veteran & Reinst.dot ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.dd. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager DEPARTMENT HEAD August 22, 2002 CITY ATTORNEY CITY MANAGER Revised Job Specifications 1) Electrical Technician I 2) Electrical Technician II 3) Traffic Signal Technician APPROVED RECOMMENDATION: Staff recommends approval of the revised job specifications. BACKGROUND: At the request of the General Services Superintendent, the job specifications for Electrical Technician I, Electrical Technician II and Traffic Signal Technician have been reviewed and updated in light of the requirement to operate commercial equipment. A Class "B" commercial driver's license will now be required. Current employees will be grandfathered in their current classifications and not required to get a Class "B." However, new employees and employees promoting or flexing to a higher level classification will be required to obtain a Class "B" driver's license prior to appointment. The Central California Association of Public Employees endorses the revisions. The revised job specifications will be presented to the Miscellaneous Civil Service Board at their September 17, 2002 meeting. (~m) August 22, 2002, 3:06PM S:~ADMINRPT~General Services Job Spec Revisions,dot ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 AGENDA SECTION: Public Hearing ITEM: 9.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councit Eric W. Matlock, Chief of Police August 9, 2002 APPROVED DEPARTMENT HEAD~~'~ CITY ATFORNEY ~ - CITY MANAGER '~_x/ Public Hearing on Proposed Expenditures of Bureau of Justice Assistance Local Law Enforcement Block Grant Funds. RECOMMENDATION: Staff recommends Council conduct public hearing on expenditure of BJA Local Law Enforcement Block Grant Funds and approve appropriations thereof. BACKGROUND: In June, 2002, the Bakersfield Police Department was awarded a $193,332 Local Law Enforcement Block Grant from the Bureau of Justice Assistance (BJA). The purpose is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety. The Police Department desires to use these funds to develop and implement a Wireless Local Area Network (WLAN) which would allow the department to remotely upgrade software in the patrol vehicle MDC's wkhout physically removing the units from service. The department desires to use the remaining funds to upgrade the aging communications center radios and consoles. The department has been experiencing more frequent radio down time which prevents the communications center from communicating with units in the field. The total program cost as submitted on the grant application is $214,813. The BJA provides 90% of the cost ($193,332) and the city (recipient) is required to provide the remaining cost ($21,481). The grant requires the funds to be expended by September 30, 2003. Prior to expending funds from the BJA Grant, the Police Department must comply with a number of grant conditions including the requirement that at least one public hearing be held on the proposed use of the Local Law Enforcement Block Grant Funds in relation to the department's overall budget. At the hearing, persons shall be given the opportunity to provide written and oral views to the Council about the entire budget and the relation of the grant to the entire budget. The special condition states that the public hearing shall be held at a time and place that allows and encourages public attendance and participation. WRR/pc/vd August 9, 2002, 10:39am ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 AGENDA SECTION: Hearings TEM: 9.bo TO: Honorable Mayor and City Council APPROVED FROM: DATE: Development Se~ices-Planning August14,2002 DEPARTMENTHEAD~'b-~,.,_.J//J CITY A'rrORNEY ~ ~ CITY MANAGER , .J'~/ SUBJECT: (~0ncurrent General Plan Amendment/Zone Chanae 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. Denial of the zone change has been appealed by staff. 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 granting the appeal and general plan amendment and first reading of the ordinance. BACKGROUND: This item was continued by the City Council at the May 22, 2002, June 12, 2002 and August 21,2002, meetings in order for the applicant and surrounding property owners to discuss the project and come to a decision. 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 agreed 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 August 14, 2002, 9:20am ADMINISTRATIVE REPORT Page 2 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 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 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. MO (admin~sept~9-4-0916) August 14, 2002, 9:20am ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 IAGENDA SECTION: Public Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 21,2002 DEPARTMENT HEA~ CITY ATTORNEY~______~ CITY MANAGER ,~' An Ordinance partially upholding the decision of the Planning Commission, adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-3 (Limited Multiple Family Dwelling) Zone to PCD (Planned Commercial Development) Zone on 7.5+ acres generally located on the Southeast Corner of Mount Vernon Avenue and State Highway 178 appealed by Rich/Matz Bakersfield LLC (File #02-0263). (Ward 3) RECOMMENDATION: Staff recommends upholding the decision of the Planning Commission in part, adopting the Negative Declaration and giving first reading of the ordinance, and denying the appeal by Rich Matz Bakersfield LLC. BACKGROUND: This item was continued from the June 26, 2002, July 31, 2002, and August 21, 2002 City Council meetings at the request of the applicant to have more time to work out issues relating to road design. Councilman Maggard in his discussion about the request for continuance expressed concerns he also wanted to address in the hearing. These included the number of lanes, sidewalks, bus stops and architectural style. The appellant, Councilman Maggard and staff have met to discuss the issues related to this case. They generally agreed that the entry road from Mt. Vernon should be two lanes east bound and that the west bound lane is sufficient as it is. The entrance to properties north and south of the main entry road will be offset. On May 16, 2002, the Planning Commission recommended approval of Zone Change #02-063 to allow development of a commercial shopping center. Much of the discussion during the Commission's May 16~h meeting focused on internal circulation. The primary issue was the internal pdvate road that connects Mt. Vernon Avenue to Mall View Road. The developer proposed keeping the entrance road as it already is. The Commission placed Condition Nos. 1-4 (Exhibit "A") requiring 2 lanes in each direction. The Commission voted 6-1 recommending approval of the project to the City Council. Commissioner Tragish voted against adding the condition requiring additional lanes on the internal road and stated that although there was a lot of discussion indicting it would be "nice" to have 4 lanes, the expert testimony of the City's Traffic Engineer indicates three lanes will suffice. The conditions could use some clarification as to extent and purpose to guide subsequent site plan review. For example: It is unclear if the Planning Commission intended the requirement for four lanes to apply August 29, 2002, 10:30am ADMINISTRATIVE REPORT all the way from Mt. Vernon to East Hills Mall or just to the first major drive aisle between Home Depot and this project. In condition number 2, a buffer wall is required. Staff believes it would be to mitigate the sound from trucks and refrigeration units from exceeding acceptable (70 CNEL) sound levels as defined in the Noise Element at the residential property line to south of the loading dock. This would typically be a 12 foot to 14 foot high wall. Condition number 4 should be adopted as a requirement, not just a recommendation. The applicant states that the proposed shopping center would have little impact of the entry road. The requirement to expand the road to 4 lanes would be costly and detrimental to the development of the proposed market. Existing improvements, such as drainage structures, light poles and utilities, and parking in front of the market would be impacted. Landscaping areas would be narrowed. In accordance with condition No. I of City Council Resolution No. 22-01 (GPA P01-0744), the applicant is requesting approval of a PCD (Planned Commemial Development) zone to allow a commercial shopping center. City Council approved GPA/ZC # P00-0744 in February 2001 allowing a General Commercial land use designation on the project site and the adjacent Home Depot property, which covered a total of 27.9 acres. C-2 (Commercial) zoning was approved for the 20.4 acre Home Depot site, but this site, the remaining 7.5 acres west of Home Depot, was required to be developed pursuant a PCD (Planned Commercial Development) zone. The proposed zone change request consists of a change from an R-3 (Limited Multiple Family Dwelling) zone to a PCD (Planned Commercial Development) zone to allow development of a 67,300 square foot commercial shopping center on 7.5 acres. Proposed uses include a grocery market and 4 satellite pads for restaurants. A condition of related GPA P01-0744 limited the total square footage to 305,000 square feet of building area for the entire 27 acre site that consisted of the Home Depot area and the area subject to this PCD zone change (file #02-0263). The combined total of existing and proposed building area square footage is 239,667 square feet, which is 65,333 less than the maximum 305,000 square feet allowed. The existing internal road connects Mall View Road on the east side of Home Depot to a signalized intersection driveway on Mt. Vernon Avenue. Most of the street improvements along Mt. Vernon Avenue have been completed with the Home Depot construction. The center will have reciprocal parking and access with Home Depot. The applicant requested waiver of the required wall along the north boundary of the project adjacent the existing R-3 (Limited Multiple Family Dwelling) zone be waived. This R-3 zoned property is unlikely to be developed as residential because an existing church site on a portion of the property and the location and configuration of the property is limited in its ability to be developed as residential. An 8-foot high masonry wall will be constructed along the property line separating the commercial site and the apartments located on the south boundary in the unincorporated area of the County of Kern. A 7-foot wide landscape strip with 24-inch box Canary Island Pine (evergreen) trees is also required. August 29, 2002, 10:30am ADMINISTRATIVE REPORT Page 3 There is a remnant stretch of right-of-way which once served as a frontage road paralleling Mount Vernon Avenue that provided access to an existing church. As a condition of the approval for related GPA #P00-0744, this frontage road would not be used for traffic. Access to the church is now provided through the shopping center. The City retains the right-of-way for this frontage road to use in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. Until that on-ramp project is ready for construction, it is recommended the developer install a 1 O-foot wide landscape strip (per Landscape Ordinance standards) along the perimeter of the remnant right-of-way. This landscape requirement would greatly enhance the aesthetics of the shopping center from Mount Vernon Avenue (an arterial street) and reduce confusion of drivers seeing regular travel lanes on Mount Vernon Avenue and a frontage road that is no longer in use. In addition to the specific landscape conditions as shown in the conditions of approval, all landscaping shall be consistent with Zoning Ordinance requirements. No one spoke in opposition to the project during the Planning Commission's hearing. The Kern County Planning Department submitted a letter (dated April 10, 2002) indicating they have no comment on the project. No further environmental documentation is necessary because all impacts were evaluated with the initial study and negative declaration adopted on February 14, 2001 for G PA #00-0744 (CEQA section 15162). Applicable conditions and mitigation measures have been included in the conditions. JE (admin~ep\9-4-0263) August 29, 2002, 10:30am ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 AGENDA SECTION: Hearing ITEM: 9od. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services-Planning August21,2002 DEPARTMENTHEAD (~ CITY A'I-I'ORN EY CITY MANAGER ~ Resolution Upholding the Decision of the Planning Commission Approving Revised Vesting Tentative Tract Map 6018 and the Negative Declaration, and Denying the Appeal by the RiverLakes Ranch Master Association. (Ward 4) RECOMMENDATION: Staff recommends the City Council uphold the decision of the Planning Commission, approve the Negative Declaration, and denying the appeal by the Riverlakes Ranch Master Association. BACKGROUND: To allow discussions with the applicants and appellants the hearing was continued from the August 21,2002 meeting to September 4, 2002. On July 18, 2002, the Planning Commission approved the Negative Declaration and Revised Vesting Tentative Tract Map(RTM) 6018, subject to conditions of approval. RTM 6018 is located on the east side of Southshore Drive, north of Hageman Road in the RiverLakes area. The RiverLakes Ranch Master Association, the homeowners association for the RiverLakes development has filed an appeal contending the Negative Declaration is inadequate in the areas of consistency with the General Plan and the RiverLakes Ranch Specific Plan (as amended), traffic analysis, population and housing, and public services and recreation. Staff would recommend the Council affirm the decision of the Planning Commission, and deny the appeal. Revised Vesting Tentative Tract Map 6018 consists of 26 lots on 9.48 acres for purposes of multiple family development, zoned R-2 (Limited Multiple Family Dwelling). The application for RTM 6018 was deemed complete on April 9, 2002. Pursuant to Subdivision Map Act Section 66498.1, the subdivider for RTM 6018 "vested" the ordinances, policies, and standards in effect on April 9, 2002. RTM 6018 would not be subject to the approval of a future Specific Plan Amendment requesting access to Coffee Road. The applicant has agreed to condition number 19 which requires the subdivider to provide the City an Irrevocable Offer to Dedicate full street right- of-way at the east end of Whitewater Court if a future Specific Plan Amendment allowing access to Coffee Road is approved. Condition number 20 requires a 4-way stop at Whitewater Court and Southshore Drive. August 21, 2002, 1:23pm ADMINISTRATIVE REPORT During the June 6, 2002 public hearing before the Planning Commission, several hours of public testimony was taken from approximately 20 area residents. Speakers expressed several concerns about the proposed project including: 1) additional traffic congestion and safety concerns, especially on Southshore Drive and RiverLakes Drive; 2) lack of street access to Coffee Road from the project site; 3) use of recreational amenities by apartment residents without membership in the RiverLakes Homeowners Association; and density. Similar public testimony was taken by the Planning Commission during the July 18, 2002 hearing. In 1998, both the City Council and Planning Commission denied a Specific Plan Amendment to the RiverLakes Ranch Specific Plan (file # P98-0493) proposing street access directly to Coffee Road from this project site and another multiple family site located just south of Olive Drive. Generally, area residents living west of Coffee Road supported the proposal, and residences east of Coffee Road opposed it. Evidence on the record demonstrated that the existing street system is adequate to carry the amount of traffic as designated in the RiverLakes Ranch Specific Plan. Both Southshore and Northshore Drives are well within Level of Service A (optimal) volumes for current and future traffic volumes. Additional public street intersections with Coffee Road (an arterial) street would introduce potential traffic conflicts and would be inconsistent with the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan that include policies for artedal streets to be used by through traffic, with minimal access from abutting properties. As stated in the letter submitted by the RiverLakes Ranch Master Association appealing the Planning Commission's decision (Exhibit "D"), it is their opinion that the Initial Study was in error or incomplete. Many of these statements appear to be personal opinions and no evidence on the record was provided. Staff has provided the following responses to the issues raised about the Initial Study. The attached Initial Study has been corrected. 1. Consistency with Land Use Plans: Issue: RTM 6018 is inconsistent with the General Plan and the RiverLakes Ranch Specific Plan. Response: The site is designated as High Medium Density Residential on both the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan. Development entitlements on the subject site were established many years ago for limited multiple family residential. RTM 6018 does not conflict the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan. 2. Traffic Impacts: Issue: RTM 6018 would add to an already congested street system, especially Southshore Drive and RiverLakes Drive. There should be a street access to Coffee Road from the project site. A 1998 traffic study was prepared prior to the installation of the golf course, construction of new subdivisions on Southshore and Centennial High School. August 21,2002, 1:23pm ADMINISTRATIVE REPORT .age Response: The circulation system for RiverLakes was planned with the knowledge of all the developments listed above. Street capacity is adequate based on traffic analysis, prepared by the City's Traffic Engineer which considered buildout of the area. According to the Traffic Engineer, changes of circumstances which would negate the findings in that traffic analysis have not occurred. Normal operational improvements such as traffic calming strategies and intersection controls, are available to mitigate any traffic operation concerns associated with normal development. 3. PoDulation and Housing: Issue: The Initial Study has conflicting information regarding the number of projected residents of RTM 6018. The "persons per unit" factor used is suspect. Response: There is a typographical error in the Initial Study. The substantive analysis based on a population of 225 people is correct. The "persons per unit" factor is based on the 1990 Federal Census and staff has used this factor for the last 10 years. (Year 2000 Federal Census data was released a few weeks ago and the estimated population for the project would be 275.) 4. Public Services and Recreation: Issue: Residents of RTM 6018 will likely use the private recreation amenities maintained by the RiverLakes Ranch Master Association. These amenities are the lakes and beach club. Response: The City has no authority to require the subdivider to be a part of the homeowners association. The use of the private recreational facilities is a civil matter between the homeowners association and the subdivider of RTM 6018. Conclusion. Based on the above information, Staff recommends the Council uphold the decision of the Planning Commission, adopt the Negative Declaration, and deny the appeal. jeng sept 4 Dev Serv Ping -hearings S:~JENG\t6018 adm.wpd August21,2002,1:23pm ADMINISTRATIVE REPORT IMEETING DATE: September 4, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 22, 2002 AGENDA SECTION: Hearings ITEM: 9oe. APPROVED DEPARTMENTHEAD.,~ CITY ATTORNEY ClTY MANAGER J/~ SUBJECT: Ordinance adopting the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map 102-18 from R-1 -CH (One Family Dwelling-Church) to the Planning Commission Recommended C-O/PCD (Professional and Administrative Office Planned Commemial Development) zone on 7.92 acres located along the southwest corner of Calloway Drive and Noriega Road, appealed by the residents of the area (P01-1036). (Ward 4) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on August 21,2002. The Council then continued the zone change until the September 4, 2002 public hearing. This PCD combining zone would permit the development of any use allowed by the C-O zoning district. Conditional uses are also permitted in the C-O/PCD; however, once the PCD zone is effective conditional uses must be processed subject to Section17.64 of the municipal code. RED:p jr (adm in\sept,9-4-1036) August 22, 2002, 4:49pm ADMINISTRATIVE REPORT MEETING DATE: September 4, 2002 IAGENDA SECTION: Reports ITEM: 10.a. TO: Honorable Mayor and City Council APPROVED FROM: DATE: Alan Tandy, City Manager August20,2002 DEPARTMENT HEAD ~ CITY AI'rORNEY ~ CITY MANAGER ,, ~/~_,, SUBJECT: City Manager Report No. 3-02 regarding the Aquatic Center and Ice Rink Budget and the Martin Luther King, Jr. Pool and Jefferson Pool Budgets RECOMMENDATION: Staff recommends approval. BACKGROUND: Recommendations Staff recommends the following: 1) That the new aquatic facility near 14th at P/Q Street be designed as a top quality zero-entry pool with water spray elements, slides, diving, and lap lanes. In essence, a small waterpark. 2) That $668,625 be added to the project budget from the following sources: 1) $230,000 reserved for beautification in that area, 2) $438,625 from "[rozen" budget funds. 3) That we continue to advance a plan to replace more of our deteriorated and aging aquatic facilities, including competitive Swim elements, with Proposition 40 money, contributions from the High School District, and other sources of funds. We will work with a High School District Committee to bring forward a specific plan for a new aquatic facility with competitive elements. To demonstrate the sincerity of desire to move to a real plan, we propose to reserve $1.0 million from Proposition 40 money for that purpose. 4) Re-designate $159,285 in block grant funds to the MLK and Jefferson pool projects. These funds were initially budgeted for a storm drain project that was canceled. Reasons for Recommendations A. The above recommendation best fits within our current budget. B. Several major funding sources for a competitive pool need time to be processed. We believe $1.0 million in Proposition 40 money will be available in about 12 to 18 months. If the High School District is to participate, they need more time to deliberate and plan for a budget than the current ADL August 23, 2002, 11:52AM S:'~Admin Rpts~2002~Aquatic - Pools Budgets 090402.do~ Page 1 ADMINISTRATIVE REPORT project provides for. Those soumes fit better in a Phase II portion of a pool replacement plan. Since retaining a designer for the present ice/aquatic complex, we have determined that an Olympic pool on this site will essentially result in a sea of concrete without the grass, shade, open area, or design characteristics that we all would hope to see. Please remember as the water surface increases, so does the need for pool decking, for bleachers, swim teams and locker room space. A larger site is needed to make either an Olympic or 25-yard competitive pool ideal for those circumstances. This project needs to move forward if we are to meet ice needs for fall/winter of 2003, which is also when, based on economics, the ice rink should open. Adequate funding for this project cannot be obtained in time to meet the desired time schedule. The 2003 opening is significant for several reasons. Parents currently drive children to Santa Clarita, and we reserve the Garden for youth and recreational skating - losing money on utilities because the building is far too big for that purpose. We also deny CSUB and the Condors practice time, which creates relationship problems with both. An ice rink must open - for economic reasons in the fall/winter time frame. The City has six pools that need to be upgraded or replaced. The establishment of two projects - the proposed zero entry pool and a second with competitive elements needs to be done anyway. A two-phased plan best addresses all community needs as well as budget and time constraints. Backqround Rossetti and Associates is now under contract and has gone to work on refinement of cost estimates for the project. They are getting us beyond the preliminary estimates from a firm that gave what seemed to be conflicting numbers to a citizen versus what the City received. They are also helping us clarify the numeric difference between the 25-yard and Olympic pool cost estimates. It is no longer going to be realistic to talk about the ice rink and aquatic facility as separate and distinct budgets. That is because they are on a common site, which includes shared costs and common facilities, such as parking, utilities, possibly entry, viewing areas and even heat exchange. What follows below is therefore a project cost. Since the funding sources for Jefferson and MLK overlap somewhat, that subject is also covered. Jefferson / MLK Pools Current Cost Estimate Current Budget Shortfall Proposed Source to Cover Shortfall - Kern County (Note: technically, the County has until January 1, 2003 to advise us of their willingness to participate) Re-designate use of Block Grant funds from a canceled storm drain project to cover shortfall $1,529,685 $1,070,400 $ 459,285 $ 300,000 $ 159,285 ADL August 23, 2002, 11:52AM S:~,Admin Rpts~002'~Aquatic - Pools Budgets 090402.dot Page 2 ADMINISTRATIVE REPORT Aauatic Complex / Ice Rink Revised Project Cost Estimate for program originally planned ...... 25-meter, 8-lane competitive pool with 1- and 3-meter diving, and zero- entry pool. Revised Project Cost with Olympic pool alternate Revised Project cost without the competitive pool element. This assumes a zero-entry pool, diving area, two lap lanes, and enhanced slides and play area $ 9,583,545 $10,228,495 $ 9,0O3,625 Budaet Status As indicated to City Council before, the budget for this project is complex, and prior to bringing Rossetti on board, costs were preliminary. Also several budget sources have been evolving and subject to future actions of other governrflents. An update follows: The Budget presented to Council on May 8, 2002 and June 26, 2002 was before the amhitect went to work, and was set at $9,335,000, which included the assumption of $1.0 million from the High School District. Recreation and Parks Director Stan Ford and I met with the Superintendent and Finance Officer of the High School District. They need to wait to see the results of a November school bond issue before they will know if financial participation is realistic for them. They have also created a committee to analyze their long term needs and to work with NOR, the colleges, and City on a Comprehensive plan. They do acknowledge the need for a major competitive facility. If there is to be only one, they prefer a south Bakersfield location to the downtown location. Given those factors, it seems best to work on a plan for joint participation with the High School District for a second aquatic improvement and to proceed with this project with our own revenue sources. Revised Budaet Needs - assumina no school participation and no MLK Grant: Program Originally Planned Olympic Pool Alternate Non-Competitive Alternate $1,248,545 $1,893,495 $ 668,625 Alternate Sources of Funds Potentially Available 1) Beautification Monies - $230,000. This is the balance still available from an earlier allocation that paid for part of Wall Street and enhancement for the landscaping area around the Garden parking lots. This can pay for the proiect's landscapinq, perimeter, fencinq, etc. and is a firm and available revenue. 2) Savinqs from Funds Frozen by the Council for the 2002-03 Budqet - $438,625. The total frozen is $513,700. Deducting the amount needed of $438,625, would leave $75,075 in frozen funds. We can delay the Convention Center seating ($115,000), the Haggin Oaks Playground ($185,900), the National League of Cities Conference ($14,000), and the increase in allocation to the Convention and Visitors Bureau ($58,000). The decision on whether to use the remaining $75,075 towards KEDC ($50,000), the League of Cities membership ($11,700), or Stramler Park ($80,000) could be made at a later date ADL August 23, 2002, 11:52AM S:~Admin Rpts~2002~Aquatic - Pools Budgets 090402.dot Page 3 ADMINISTRATIVE REPORT Additional Alternate Services Available Should the Council wish to fund the 25-meter or Olympic-sized pool at this location, substantial additional funding would be necessary. Potential additional sources could include: We have a pending grant for MLK with the State. If approved, it would free up about $500,000 to put into the new aquatic facility by substituting funds. We hope to be informed by October of the status, but it is through the State who is not very good about time schedules. We are cautiously optimistic, but it is too early to know with enough certainty te build it into the budget process. B. The full allocation from the canceled storm drain project was $240,000, $170,715 of which is proposed for Jefferson and MLK. That would leave $80,715 still available for designation. $720,000 from the Capitol Visions Equity housing project - certainty of receipt unknown until January. This is the housing project on California Avenue. Currently, they are to pay in-lieu taxes for 20 years. They may convert that to an up-front, one-time payment-of $720,000. The _contract is not yet signed, however. ADL August 23, 2002, 11;52AM S:~Admin Rpts~2002~quatic - Pools Budgets 090402.dot Page 4