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Home My WebLink About11/20/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 20, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. (20 min.) (20 min,) PREMEETING 1. ROLL CALL WORKSHOP a. Status Report on City Council Goals. (John W. Stinson, Assistant City Manager) b. Report on Financial Planning. (Alan Tandy, City Manager) CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government Code Section 54956.9. One (1) potential case. Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. REGULAR MEETING 1. INVOCATION by Father Joseph Chaffee of St. George Greek Orthodox Church 2. PLEDGE OF ALLEGIANCE by Alisa Taylor, 8th grade student, Thompson Jr. High ROLL CALL a. Introduction of Student Body Representatives participating in the 48~h consecut ve Teen C~ty Government Day. 4. CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of the 2002 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. Presentation by Mayor Hall to the Citizens' Community Services Advisory Committee (CCSAC) members recognizing their contributions and service as committee members. (Ward 2,4,7) (Ward 4) 0Nard 1) (Ward 3) PUBLIC STATEMENTS APPOINTMENTS CONSENT CALENDAR Minutes: a. Approval of November 6, 2002 Council Meeting Minutes. Payments: Approval of department payments from October 25, 2002 to November 7, 2002 in the amount of $5,361,004.16 and self insurance payments from October 4, 2002 to October 24, 2002 in the amount of $490,067.13. Ordinances: Ordinance amending Bakersfield Municipal Code Sections § 1.12.020 § 1.12.040 and § 1.12.070 by adding Annexation No. 427 and a portion of Annexation No. 433 to Ward 4, Annexation No. 429 to Ward 7 and a portion of Annexation No. 433 to Ward 2. Adoption of Ordinance repealing Chapter 2.60 of the Bakersfield Municipal Code resulting in the disbanding of the Citizen's Community Services Advisory Committee. (First reading 11/6/02) Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-35 from A (Agriculture) to E (Estate) on 20 acres, located at the southwest corner of Brimhall Road and Jenkins Road. (First reading 11/6/02) Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-03 from M-2 (General Manufacturing to M-1 (Light Manufacturing) on 9.93 acres and M-2 (General Manufacturing) to R-2 (Limited Multiple Family) on 18.76 acres, located adjacent on the west side of Oswell Street, south of Kimber Avenue. (First reading 1 ~/6/02) Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-18 from C-1 (Neighborhood Commercial) and C-2 (Regional Commercial) to R-2 (Limited Multiple Family Dwelling) on three acres, located along the north side of W. Columbus Street, generally west of Union Avenue. (First reading 11/6/02) 2 0Nard 4) (Wards 1,2,4,5& 7) (Ward 4, 7) (Ward 2,5 & 6) (Ward 1,2) CONSENT CALENDAR continued Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A-20A (Agriculture-20 Acre Minimum Lot Size) to R-2 (Limited Multiple-Family Dwelling) on 19.64 acres located along the southeast corner of Allen Road and Reina Road. (First reading 11/6/02) Resolutions: Resolution making findings and determination regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. Resolution confirming the approval by the City Manager or his designee of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution ordering change of proceedings to reduce assessments to $1,940,000 for parcels located in City of Bakersfield Assessment District 02-1 (Avalon/Belsera/Montara/The Woods). Resolution determining that Go-4 three-wheeled utility vehicles for use in the Traffic Section of the Police Department cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $50,510 ($25,255 each, tax included). Amendment No. 9 to Resolution No. 44-93 Setting Salaries and Related Benefits for Temporary Salaries, Temporary Unit. Amendment No. 1 to Resolution No. 174-02 setting dates for regular City Council Meetings for 2003. Agreements: Agreement to indemnify LAFCO for City Annexation No. 436, Proceeding 1346, uninhabited territory located in two separate areas (1) along Stockdale Highway right-of-way, west of Ashe Road and (2) south of Blomquist Drive to Belie Terrace, generally west of McDonald Way. Agreement with Federal Department of Housing and Urban Development (HUD) for $4.1 Million of Section 108 funds which will be used to fund four public facilities projects in Southeast Bakersfield. 0Nard 3) CONSENT CALENDAR continued Amendment No. 1 to Agreement No. 01-205 with California Water Service Co. Add $163,500 (for a total reimbursable amount of $1,043.500) to provide additional construction on the Northeast Bakersfield Water Supply's Kern River Intake Pumping Facilities. Appropriate $163,500 fund balance to the Water Resources Capital Improvement Budget within the Domestic Water Fund. (Ward 4) ('Ward 2) (Ward 2) (Ward 4) (Ward 1 ) (Ward 2) Bids: y. Contract Change Order No. 1 ($25,781.53) to Agreement No. 01-213 with Kern County Construction, Inc., for Construction of Ashe Water Well CBK41. Amendment No. 1 to Agreement No. 01-204 with Kleinfelder, Inc., ($283,965 for a total not to exceed compensation clause of $580,000) for Material Testing Services for various construction projects, Fiscal Years 01-02 and 02-03. Amendment No. 1 to Agreement No. 02-274 for the purchase of real property at 825 14th Street with Arlene K. Hunter for$150,000. Agreement with Kern Economic Development Corporation for economic development in Kern County in an amount not to exceed $70,000. Amendment No. 1 Design Consultant Agreement No. 02-207 with Rossetti Architects, Inc. ($116,000 for a total not to exceed compensation clause of $829,000) for the design of the Bakersfield Aquatic Center and Ice Center. Settlement Agreement and Improvement Agreement Settlement Agreement between City, RiverLakes Investment Co., D.R. Horton, Curt Carter, and Donahue Schriber. Approval of Improvement Agreement with RiverLakes Investment Co. for construction of signal at Coffee Road and Meany Avenue. Amendment No. 2 to Agreement No. 1-262 for time extension with A. Phillip Randolph Community Development Corporation for the Construction of a single Family home at 329 Clyde Street. Accept bid to award contract to Gilliam & Sons, Inc. ($58,479) for Demolition of Improvements for the Aquatic and Ice Center Project. 4 0Nard 4) (Ward 3) (Ward 2) (Ward 3) CONSENT CALENDAR continued z. Various Street Improvements - Hageman Road, Calloway Drive and Old Farm Road. 1. Accept base and alternate bid to award contract to E & M Constructors Co. ($362,831.40) for the Project. 2. Approve Reimbursement Agreement with Riverlakes Community Church (actual cost of alternate bid to be reimbursed to City). 3. Appropriate $187,000 fund balance and $113,000 Developer Contribution to the Capital Improvement Budget within the Transportation development Fund. Miscellaneous: aa. Appropriate $41,420 Transportation Development Act Article 3 Funds to the Pedestrian/Bikeway Fund Capital Improvement Budget for the Northeast Bike Path Project. bb. Job Specification: Recreation Superintendent cc. Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 3, FY 02/03. dd. Funding for Bakersfield Sanitary Landfill Closure 1. Appropriate and transfer $2,400,000 Refuse Fund balance to the Landfill Closure Fund to set aside additional funds for the Bakersfield Sanitary landfill Closure Project. Staff recommends adopt/on of Consent Calendar Items a. through dd. HEARINGS Staff comments will be given by Jack Hard/sty, Development Services Director for each hearing item. (Ward 2) (All Wards) Resolution ordering the vacation of the alley on the west side of Owens Street southerly of State Freeway 178 at 1716 Owens Street. Hearing to receive public comment on the proposed 2000-2021 Regional Transportation Impact Capital improvement Plan and Fee Schedule. A Resolution of the City of Bakersfield adopting the 2000-2021 Regional Transportation Capital Improvement Plan. Staff recommends adoption of Resolution. 0Nard 4) (Ward 7) (Ward 3) HEARINGS continued Appeal by D. R. Horton of the Board of Zoning Adjustment's decision to deny a modification to reduce the side yard setback from 6 feet and 5 feet (required) to 3 feet (proposed) in a subdivision tract zoned R-1 (One- Family Dwelling) and R-2 (Limited Multiple Family), to all lots within approved Tract 6107 which is located east of Calloway Drive and north of Hageman Road within the Riverlakes Golf Course area. Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment. d. General Plan Amendment]Zone Change P01/756: Mclntosh & Associates is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from LR (Low Density Residential) to GC (General Commercial) and a zone change amendment from R-1 (One-Family Dwelling) to C-2 (Regional Commercial) on 8.92 acre site located along the southeast corner of Stine Road and Panama Lane. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to C-2. First reading of an ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 123-26 from R~I to C-2/PCD. Staff recommends adoption of the resolution approving the General Plan Amendment and Zone Change, adopting the Negative Declaration and first reading of the Ordinance. e. General Plan Amendment 02-0623 Mclntosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, deleting the segment of Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting the segment of Masterson Street between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. An appeal by the City of Bakersfield Public Works department has been received. Staff recommends adoption of the resolution approving the General Plan Amendment adopting the Negative Declaration and disapproving the amendment to the Circulation Element deleting the segment of Masterson Street between Lake Ming Road a,¢d Bella Drive as an arterial. 0Nard 1) (Ward 2) 10. 11. 12. 13. 14. HEARINGS continued f. Submission of Section 108 Loan Public Facility Application to Department of Housing and Urban Development (HUD). 1. Resolution authorizing submission of a Section 108 loan application to HUD. 2. Approval of Amendment No. 4 to the FY 02/03 Action Plan. Staff recommends approval and authorization for City Manager to execute all necessary documents. REPORTS a. Amendment No. 2 to Agreement No. 02-042 with Bakersfield Senior Housing, Inc. for an additional $360,000 of HOME Investment Partnership funds for the Bakersfield Senior Center Low-Income Housing Project. Appropriate $215,000 uncommitted HOME funds to the Economic and Community Development Operating Budget. Budget and Finance Committee recommends approval. DEFERRED BUSINESS NEW BUSINESS COUNCIL & MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 7 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: November 15, 2002 HONORABLE MAYOR AND CiTY COUNCIL JOHN W. STINSOI~,~A~SISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - NOVEMBER 20, 2002 COUNCIL MEETING PRE-MEETING There are two workshops: 1) a status report on the City Council Goals by John W. Stinson, Assistant City Manager; and 2) a Financial Planning report by City Manager, Alan Tandy. There are two closed session items: 1) a conference with legal counsel regarding anticipated litigation; and 2) a conference with legal counsel regarding potential litigation. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8i. Resolution Reqardinq Commitment of Unexpended Metropolitan Bakersfield Transportation tmpact Fees. Funds collected from transportation impact fees are used for the purpose of capital improvements to transportation facilities associated with the "Regional Transportation Facilities List," and not for periodic or routine maintenance. Such improvements are made necessary by new development. The Municipal Code requires that any funds not expended or encumbered by the end of the calendar quarter immediately following five (5) years from the date the fee was paid shall be refunded to the then current owner or owners of lots or units of the development project, or projects, on the prorated basis. The City Council is required by State Code to make periodic findings and determination of any unexpended or uncommitted funds. By making this determination, the City will be able to accumulate funds until there are sufficient funds for projects included on the Regional Transportation Improvement Plan. In the event that no need can be demonstrated, then the funds would have to be refunded to the current property owner. Staff has identified currently unfunded projects which would utilize both existing and future Transportation Impact Fees. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 15, 2002 PAGE 2 Item 8k. Resolution Orderinq a Reduction of Assessments to $1,940,000 (Avalon / Belsera / Montara / The Woods). On September 18, 2002, Council approved a resolution levying assessments of unpaid principal for this Assessment District. The bond issue amount was estimated to be $2,020,000. The amount of bonds actually issued totaled $1,940,000. This resolution authorizes an "amended" assessment to reduce the lien amount for parcels within the Assessment District. Item 81. Resolution Reqardinq Go-4 Three-Wheeled Utility Vehicles for use in the Traffic Section of the Police Department. It is time to replace two utility vehicles for use in the Traffic Section of the Police Department. The Go-4 brand three-wheeled utility vehicles are currently in use. This vehicle can go eight to ten hours straight without charging batteries, has disc brakes, and good maneuverability. The Go-4 brand three-wheeled utility vehicles are only available from Westward Industries, LTD., the only manufacturer of these vehicles, and through Municipal Maintenance Equipment, the only dealer of these vehicles in the State of California. Item 8m. Amendment to Resolution Settinq Salaries and Related Benefits for Temporary Salaries, Temporary Unit. Due to the contract cancellation by Select Temporary Services, the salary schedule is being updated to reflect current pay rates and job titles for temporary employees in order to meet State minimum wage requirements. Item 8n. Amendment to Resolution Settinq Dates for Reqular City Council Meetinqs for 2003. At the request of Councilmember Benham, the December 2003 meeting date is being changed to December 10, 2003. Additionally, the December holidays are corrected to reflect the MOU's with City employee groups. Aqreements: Item 8p. Aqreement with Federal Department of Housinq and Urban Development (HUD) for $4.1 Million of Section 108 funds which will be used to fund four public facilities proiects in Southeast Bakersfield. The Section 108 loan guarantee assistance application was approved by HUD last month for four public facilities projects: 1) Martin Luther King (MLK) Jr. Pool Rehabilitation project ($300,000); 2) Jefferson Pool Rehabilitation project ($300,000); 3) 14th Street Aquatic Center project ($3,300,000); and 4) Career Counseling/Training Center Facility project ($200,000). Subject to the provisions and special conditions of the Funding Approval agreement, HUD will make the funding assistance available upon execution of the contract. Repayment of the loan will be CDBG funds starting in FY 03-04 annually for about twenty years. The annual repayment is estimated at $353,000 (principal and interest). For FY 02-03 and FY 03-04, estimated annual interest payments will be about $52,000 and $152,000, respectively. Item 8q. Amendment to the Reimbursement Aqreement with California Water Service Co. reqardinq the Northeast Bakersfield Water Supply Proiect. The Reimbursement Agreement provides that California Water Service is the lead construction agency with installation, construction management and inspection services for the Pumping Station. Certain aspects of the Pumping Station were yet to be determined at the time of the execution of the agreement. Additional construction and modifications are now required. The additional work is estimated to cost $163,500, which will be appropriated to the Water Resources Capital Improvement Budget within the Domestic Water Fund. Item 8s. Amendment to Agreement with Kleinfelder, Inc., for Material Testinq Services for Various Construction Proiects, FY 01-02 and 02-03. In FY 01-02, an unprecedented number of resurfacing projects were accelerated and constructed which were not originally in the Capital Improvement HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 15, 2002 PAGE 3 Program at the time the material testing contract was executed. In addition, the State Department of Industrial Relations has increased the minimum prevailing wage for the Soils Field Technician portion, which affects both the technician hourly rate as well as the total testing budget. These occurrences have resulted in the depletion of the contract compensation well before the expiration of the agreement. Funding for this amendment will be from budgeted Capital Improvement Projects. Item 8t. Amendment to Aqreement for the Purchase of Real Property at 825 14th Street for $150,000. On September 18, 2002, the Council approved an agreement for the purchase/sale of 825 14th Street for $200,000. The intent of the original agreement was to provide the property owner with sufficient funds to rebuild the kennel facility in another location. The property owner has since elected not to pursue rebuilding her facility, so it is necessary to modify the agreement to reflect a lower purchase price. Item 8u. Aqreement with Kern Economic Development Corporation (KEDC) for Economic Development in Kern County in an amount not to exceed $70,000. The existing agreement one- year agreement with KEDC expired June 30, 2002. At the July 10th Council meeting, this item was referred to the Budget and Finance Committee for review. The Budget and Finance Committee recommends providing KEDC with a $20,000 base contribution for FY 02-03 and an additional $50,000 in potential incentive funding. This provides KEDC the opportunity to earn a potential $70,000 in the current fiscal year. The term of this proposed agreement would be for one year, retroactive to July 1, 2002. Item 8v. Amendment to the Desiqn Consultant Aqreement with Rossetti Architects1 Inc. in the amount of $116,000 for the Desiqn of the Bakersfield Aquatic Center and Ice Center. The Scope of Work for the original agreement for the design of the Aquatic Center and Ice Center did not include Consultant's services for design of a 50 meter competition pool or for the preparation of a rendering for use in fund raising. This amendment adds $116,000 to the total compensation amount, bringing the total contract amount to $829,000. Funds are available to cover this increased cost. Item 8w. Settlement Aqreement between the City, RiverLakes Investment Co., D.R. Horton, Curt Carter, and Donahue Schriber, and Improvement Aqreement for the Construction of a Siqnal at Coffee Road and Meany Avenue. On October 2, 2002, Council approved a Settlement Agreement between the City, RiverLakes Investment, Kyle Carter Homes and Coleman Homes. One purpose of the Settlement Agreement was to resolve a disagreement that had arisen among the parties as to the distribution of traffic impact fee credits and reimbursement for constructed projects under Agreement No. 99-118. In general, the Settlement Agreement provides that D.R. Horton will deposit their reimbursement amount for the various projects to the City. This amount of money (approximately $875,000) will be released by the City to Donahue Schriber ($775,000), RiverLakes Investment Co. ($80,000), and Curt Carter ($20,000) and represents the total amount of reimbursement due for said projects. In return, RiverLakes Investment will execute an Improvement Agreement providing for the bonding and construction of a signal light at Coffee Road and Meany Avenue and waive its right to traffic impact fee credits for this project with the understanding that said credits ($130,000) will be given to D.R. Horton. All parties have agreed to waive any further claims against each other for any issue arising out of Agreement No. 99-118. Item 8x. Amendment to Aqreement for Time Extension with A. Phillip Randolph Community Development Corporation for the Construction of a Sinqle-Familv Home at 329 Clyde Street. At the November 14, 2001 City Council meeting, an agreement was approved with A. Phillip HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 15, 2002 PAGE 4 Randolph Community Development Corporation (APRCDC) to grant surplus property located at 329 Clyde Street and to provide $6,000 of HOME Investment Partnership Program funds to assist in paying for the permit fees related to the construction of a single-family home. According to the original agreement APRCDC was to complete the construction of the Clyde Street home by June 12, 2002. On July 10, 2002 an extension of the completion date was granted for an additional 12 weeks from June 12, 2002 to October 2, 2002. Upon securing a construction loan to complete the project, APRCDC is again requesting an extension, from October 2, 2002 to February 15, 2003. Staff agrees with the extension request. Bids: Item 8y. Award Contract to Gilliam & Sons, Inc. for Demolition of Improvements for the Aquatic and Ice Center Project in the amount of $58,479. This project consists of demolition of four buildings located at 900 13th Street; 825 14th Street; 1325 P Street, and 1331 Q Street, plus the demolition of P Street from 13th Street to 14th Street, the alley between 13th and 14th Streets as well as the existing parking lots on 13th and 14th Streets between O and P Streets. Three acceptable bids were received. Staff recommends award to Gilliam & Sons, inc. Item 8z. Various Street Improvements - Haqeman Road, Calloway Drive and Old Farm Road. The City and Riverlakes Community Church have agreed to construct street improvements on Hageman Road and Calloway Drive through a Reimbursement Agreement based upon the Church's approval of the selected bidder's proposed estimate for the Church's portion. The City received written consent from the Church officials authorizing the City's Iow bidder, E & M Constructors Co., to construct their portion of the project under the City's construction contract. The project consists of completing the roadway to ultimate width on Calloway Drive and Hageman Road, completing the roadway on Old Farm Road and installing raised medians on Hageman Road. It is budgeted within the current fiscal year. Intended improvements will be completed with budgeted funds and the additional appropriation of Transpodation Development Funds. Four acceptable bids were received. Staff recommends award to E & M Construction. Miscellaneous Item 8aa. Appropriate $41,420 Transportation Development Act Article 3 Funds to the Pedestrian / Bikeway Fund Capital Improvement Budqet for the Northeast Bike Path Project. In August, 2002, staff submitted a request to KernCOG to transfer savings realized on three TDA funded projects to the Northeast Bikepath Project. Increased costs had been experienced on the Project including design/inspection services, added fencing, bollards, and signage. KemCOG approved $57,730 in additional funding. The difference between this amount and the appropriation amount is $16,310, which is the expenditure overage of this project at the close of FY 01/02. Therefore, the $16,310 is not available for appropriation. Item 8cc. Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 3. FY 02/03. At the October 2, 2002 City Council meeting, Agreement No. 02-290 was approved with D.W. Sivers Company to purchase 907, 1001, 1007, 1015, and 1025 13th Street, 1275 P Street, and 1020 and 1022 California Avenue for a future commercial development. Three of seven properties sold to Mr. Sivers were purchased with Community Development Block Grant funds as part of the City's acquisition and demolition program. In order to use properties purchased with CDBG funds, staff must be able to determine that the jobs created by this activity would be available to iow-income individuals. Since no specific businesses for the Sivers project have been identified, the availability to Iow-income individuals cannot be evaluated, so consequently, all costs associated with the purchase of the three properties must be returned as program income to the Community Development Block Grant program to be used for eligible HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 15, 2002 PAGE 5 CDBG activities. The CDBG cost to purchase the three lots totaled $201,000. The proposed amendment will allocate $201,000 of CDBG program income toward the 14th Street Aquatic Center Project. Item add. Fundinq for Bakersfield Sanitary Landfill Closure. On August 16, 2000, Council approved a plan to accumulate funds for the final capping and environmental closure of the former Bakersfield Sanitary Landfill (Project). The majority of this funding has been provided by savings in commercial landfill disposal fees paid to Kern County. On June 28, 2000, the City Council approved an agreement, which resulted in landfill fee savings earmarked for the Project in excess of $700,000 per year. The County recently announced a plan to increase landfill disposal fees beginning July 2003. Preliminary staff estimates project a $425,000 to $550,000 annual decrease in the commercial landfill fee savings described above. This decrease severely impairs the original Council approved plan to ensure sufficient funding for the Project. Staff estimates that the City's share of the joint City/County Project will run between $3.3 million and $5.5 million. Staff recommends using $5.5 million as the target goal for funding to ensure adequate funds are on hand for the Project. This item recommends the appropriation and transfer of $2,400,000 Refuse Fund balance to the Landfill Closure Project to cover anticipated funding shortfall in order to provide adequate funds for this Project. HEARINGS Item 9a. Resolution Orderinq the Vacation of the Alley on the West Side of Owens Street, South of State Freeway 178 (1716 Owens Street). Mamdouh EIdib has an approved Conditional Use Permit (CUP) to allow a used car sales lot at 1716 Owens Street. As a finding of the Board of Zoning Adjustment hearing, it was determined that the alley access from Owens Street is hazardous because of its closeness to the Freeway 178 off-ramp at Owens Street. As a condition of approval, the alley will be abandoned and the applicant will construct curb and gutter to close off the Owens Street access. Staff recommends the vacation with conditions that include: 1) the adjacent property shall be merged into a single parcel and a temporary public access easement shall be reserved over the alley; 2) an easement shall be reserved for the existing public sewer main in the alley; and 3) the alley vacation and required access to Flower Street shall provide adequate access for City refuse pickup. The proposed vacation was heard by the Planning Commission at its meeting of September 5, 2002, and was found to be consistent with the 2010 General Plan. Item 9b. Hearinq to Receive Public Comment on the Proposed 2000-2021 Reqional Transportation Impact Capital Improvement Plan and Fee Schedule. The Municipal Code requires that the City Council annually update the Capital Improvement Plan and Fee Schedule. Eight projects totaling $3,500,884 are being added to the Facilities List. They are detailed within the Administrative Report. This amount is being offset by savings in the costs of other projects, so there is no net change to the total dollar amount of the facilities list and no change in the fee amount. Item 9c. Appeal by D. R. Horton of the Board of Zoninq Adjustment's Decision to Deny a Modification to Reduce the Side Yard Setback to all lots within an area located East of Calloway Drive and North of Haqeman Road within the Riverlakes Golf Course Area. The applicant has requested a side yard setback modification to allow a reduction from six and five feet to three feet to allow inclusion of a media niche for one of the five house plans. The tract is subject to the development standards of the Riverlakes Specific Plan, which differ from the City's basic zoning ordinance. However, the Riverlakes Specific Plan does not address yard encroachments so the zoning ordinance dictates how they apply. The zoning ordinance permits HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 15, 2002 PAGE 6 encroachments into side yards of up to three feet, but they cannot include additional floor or living space, which would include media niches. The encroachment only permits architectural features such as eaves, cornices, fireplaces, porches and carports. The BZA denied the request since the applicant did not demonstrate any hardship or show that there were some other constraints that limited the layout of the homes. Additionally, the final map was approved by Council and recorded after the BZA's review, so the Board noted that the developer could have altered their final lot configuration to accommodate the homes without relief from the standards, or could have modified the house plan to fit the lots. Staff is recommending denial of the appeal and the BZA decision be upheld. Item 9d. General Plan Amendment and Zone Chanqe reqardinq an 8.92 Acre Site Located Alonq the Southeast Corner of Stine Road and Panama Lane. Mclntosh & Associates is requesting an amendment to the Land Use Element of the 2010 General Plan changing the land use designation from LR (Low Density Residential) to GC (General Commercial) and a zone change amendment from R-1 (One-Family Dwelling) to C-2 (Regional Commercial). The Planning Commission conducted public hearings on September 16, 19, 30, and October 3, 2002 on this General Plan Amendment/Zone Change, and contrary to staff's recommendation, recommended City Council approval on October 3, 2002. The applicant agreed to all mitigation for the project. Should all four corners become commercial, the total commercial acreage at this intersection would be 42 acres, which is approximately 30 percent more than the "Market Place". Staff did not recommend approval because: 1) There are already two commercial sites at the intersection adopted in the general plan; 2) The adjacent property is already developed with homes, and approval of the proposal would needlessly introduce a commercial to residential interface with its attendant problems; 3) Regional Commercial (C-2) is excessive in its scope of development. The neighborhood commercial zone is C-1; and 4) The property could be built upon as an extension of the residential neighborhood. Item 9e. General Plan Amendment reqardinq a Seqment of Masterson Street between Lake Minq Road and Della Drive in Northeast Bakersfield. The Planning Commission recommended disapproval of the applicant's request to delete all of Masterson Street between Lake Ming Road and Della Drive as an arterial. Commissioners believed that the roadway is necessary; however, they felt the road should be constructed to collector standards due to construction cost. Specifically, they recommended the roadway be constructed to full collector standards (two travel lanes, bike lanes, curbs/gutters, sidewalks, etc.) The Commission's decision to make Masterson a collector was appealed by the City of Bakersfield Public Works Department, who believes that future development in this area of the northeast will require an arterial roadway. Public Works believes standard right-of-way for an arterial should be required for the entire Masterson segment and that road improvements for segments of Masterson outside the steep hillside area be required to be designed at arterial standards. To allow less than arterial improvements on Masterson outside the hillside area is not consistent with our General Plan, nor is it consistent with Council's desire to retain arterial level designations where they currently exist. Item 9f. Submission of Section 108 Loan Public Facility Application to Department of Housinq and Urban Development (HUD). On September 18, 2002 the Council directed staff to initiate $1 million of HUD Section 108 funding for the following activities: Job training/day care facility ($200,000); Brundage Lane improvements ($325,000); Union Avenue improvements ($61,500); and California Avenue improvements ($413,500). Since the job training/day care facility proposal was part of a previous Section 108 funding request submitted to HUD last June, the Section 108 loan application under current consideration is for the difference - $800,000. Repayment of the loan will begin in FY 04/05 with a yearly estimated CDBG payment in the amount of $62,000 for twenty years. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 15, 2002 PAGE 7 REPORTS Item 10a. Aqreement with Bakersfield Senior Housinq, inc. (BSC) for an additional $360,000 of HOME Investment Partnership funds for the Bakersfield Senior Center Low-Income Housinq Project. Nearly eighteen months has passed since the Bakersfield Senior Center and Retirement Housing Inc., co-sponsors of the Project, received their financing award from HUD for a 202 Capital Advance in the amount of $6,670,500. To date, $575,000 of HOME funds has been expended. In recent weeks, development has been completed and S.C. Anderson has been selected to construct the project. It was initially determined that the Project has a shortfall of funding in the amount of $676,072. Staff met with the developer, S.C. Anderson and BSC to try to work out a financing plan, and all parties contributed to reduce the shortfall to $360,000. At their November 14, 2002 meeting, the Budget and Finance Committee agreed to recommend approval of an agreement with BSC for an additional $360,000 of HOME Investment Partnership funds for the Project to the Council. Staff has identified two funding sources for the remaining shortfall. Staff recently audited, reconciled and closed out all of our old completed HOME projects resulting in available funds of $215,000. tn addition, $145,000 of HOME funds is available from savings in our new construction account. November 30 is the official deadline given by HUD for the developer to close the escrow on the property required for the project and finalize the 202 advance. If this is not accomplished, HUD has indicated that the 202 funding will be cancelled. If this financial assistance is approved, construction would begin by December 20, 2002 and be completed by December 20, 2003. AT:JWS:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Workshop ITEM: 2.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager November 13, 2002 DEPARTMENT HEAD CITY A'I-rORNEY CITY MANAGER APPROVED Status Report on City Council Goals (John W. Stinson, Assistant City Manager) RECOMMENDATION: BACKGROUND: November 13, 2002, 2:40PM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: Workshop ITEM: 2.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager November 13, 2002 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER Report on Financial Planning (Alan Tandy, City Manager) APPROVED RECOMMENDATION: BACKGROUND: November 13, 2002, 2:36PM ADMINISTRATIVE REPORT MEETING DATE: AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 13, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government Code section 54956.9. One (1) potential case. RECOMMENDATION: BACKGROUND: November 13, 2002, 2:56PM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Closed Session I iTEM: 3.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 14, 2002 DEPARTMENT HEAD CITY ATDORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Potential Litigation tnitiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: BJT:las November 14, 2002, 8:59AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Roll Call ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager November 12, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATrORNEY ~ CITY MANAGER~ ~ntr~ducti~n~fStudentB~dyRepresentativesparticipatinginthe48thc~nsecutiVeTeenCity GovernmentDay RECOMMENDATION: To be determined by Council. BACKGROUND: The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the Optimists in sponsoring Teen City Government Day. The school district has indicated thirteen schools will be participating this year: Bakersfield High School, Bakersfield Christian High School, Centennial High School, East Bakersfield High School, Foothill High School, Garces High School, Highland High School, Liberty High School, North High School, Ridgeview High School, South High School, Stockdale High School, and West High School. Four students from each school will participate in the Teen City Government Day morning activities. Students representing the Mayor and Council, the City Manager, Assistant City Manager, City Attorney, Public Works Director, and Development Services Director (one representing each school) are invited to attend the evening session approximately from 7:00 p.m. to 8:00 p.m., with Council then taking a short recess to allow students to leave to prepare for the following day's classes. November 13, 2002, 8:17AM P:\TEEN\Teen02~,DM02-11-20-1-TeenGovDay.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Presentations TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Rhonda Smiley, Office Admin./Public Relations DEPARTMENT HEAD November 1,2002 CITY ATTORNEY CITY MANAGER APPROVED Presentation by Rhonda Smiley, Office Administrator / Public Relations to department winners of the 2002 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: October 29, 2002, 2:42PM EIA Awards ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Presentations ITEM: 5.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks November 12, 2002 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER APPROVED Presentation by Mayor Hall to the Citizens' Community Services Advisory Committee (CCSAC) members recognizing their contributions and service as committee members. RECOMMENDATION: BACKGROUND: Mayor Hall will make a presentation to the following members of the Citizens' Community Services Advisory Committee (CCSAC) for their dedicated service to the community: Jim Fitch, Chairman - 3 years - Ward 4 Mike O'Neill, Vice Chairman, 2 years - Ward 6 Raul Rangel, 3 years - Ward 2 Marque Stansberry, 2 months - Ward 1 Harry Starkey, 2 months - Ward 3 Judy Valenzuela, over 10 years - Ward 5 Richard Russell, over 10 years -Ward 7 November 12, 2002, 1:18PM P:~Admin Rpts\CCSAC PresAdminl 1-20-02.doc ADMINISTRATIVE REPORT IMEETING DATE: November 20. 2002 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk November 8, 2002 //,~PPROVED ClTY A'I-FORNEY CITY MANAGER _(~> Minutes of the Council meeting of November 6, 2002 for approval. RECOMMENDATION: Staff recommends approval. BACKGROUND: rg November 8, 2002, 12:39PM S:\Council~adrnins~002\Nov 6 2002.dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar TEM: 8.b. Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 7, 2002 TO: APPROVED FROM: DEPARTMENT H EAD~.,<' DATE: CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from October 25, 2002 to November 7, 2002 in the amount of $5,361,004.16 and self insurance payments from October 4, 2002 to October 24, 2002 in the amount of $490,067.13. RECOMMENDATION: Staff recommends approval of payments totaling $5,851,071.29. BACKGROUND: k~g November 8, 2002, 8:52AM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT IMEETING DATE: November 20, 2002 AGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 28, 2002 ~ ~,~,P~ROV E D CITY MANAGER ~ An ordinance amending Bakersfield Municipal Code Sections § 1.12.020, § 1.12.040 and § 1.12.070 by adding Annexation No. 427 and a portion of Annexation 433 to Ward 4. Annexation No. 429 to Ward 7 and a portion of Annexation No. 433 to Ward 2. (Wards 2, 4 & 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexation 427, 429 and 433 into the corresponding Council wards. The annexations were approved by the LAFCO recently. Annexation No. 427 is located at the southeast corner of Olive Drive and Allen Road. This site is inhabited with single family residential units and was approved by an election. Annexation 429 is located north of Ming Avenue generally between Hughes Lane and South "H" Street. The property owners requested annexation for city services. Annexation No. 433 is in two separate areas (1) being at the northeast corner of Noriega Road and Allen Road and (2) located south of Quincy Street generally between Robinson and Miller Streets. The area at Noriega and Allen is a 40-acre undeveloped site where the property consented to annexation to develop and receive city services. The area on Quincy Street is a portion of a front yard of a single family residence. The property wanted city services as well. MO:pjt Admin\nov\l 1-20-427 ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent ITEM: 8.d. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: November 8, 2002 CITY ATTORNEY //CCgCr~ CITY MANAGER SUBJECT: Ordinance repealing Chapter 2.60 of the Bakersfield Municipal Code resulting in the disbanding of the Citizens' Community Services Advisory Committee. RECOMMENDATION: The Community Services Committee recommends adoption. BACKGROUND: This ordinance was given first reading at the November 6, 2002 Council meeting. In August of 1994 the City Council created the seven member Citizens Community Services Advisory Committee. The Committee was formed by a merger of the existing Citizens Park and Recreation Committee and the Convention Center Committee. The need for a new committee grew out of an increased interest by the Council in Recreation and Park activities and the consolidation of the Convention Center and the Recreation and Parks functions under one department of Community Services. The duties of the Committee according to section 2.60.050 of the Municipal Code are to "accept input from community groups and interests and advise the City Council as to policies for the convention center, city parks, and city recreation services." Due to the change to private management of the convention center and the Centennial Garden arena in 1998 the Citizens Advisory Committee has had a limited role regarding policies for the convention center pursuant to the management agreement for those facilities. There has also been a lack of clarity as to how the role of the Citizens Community Services Advisory Committee relates to the City Council's Community Services subcommittee. There has been no clear definition as to which issues or policies should be considered by which group. Largely, it has been a matter of Council discretion when referring items for discussion and review as to the level of involvement requested of the Citizens Advisory Committee. The Council's Community Services Committee has on occasion performed similar duties to those of the Citizens Community Services Advisory Committee in acting as the contact point for citizen concerns November 8, 2002, 9:38AM S:~JOHN\Councit Committees\CSCOM\Citizens Community Services Advison/Committee - Admin.doc ADMINISTRATIVE REPORT and input regarding issues involving the convention center, city parks, and city recreation services. There have also been cases where the Council Committee has requested that the Advisory Committee also review an issue in more depth as well. The role of the Citizens' Advisory Committee was referred by the Council to the Community Services Committee for review. A joint meeting was conducted with members of the Citizens' Advisory Committee and the Community Services Committee. There was a lengthy discussion among the two groups regarding what role the Citizens' Advisory Board could serve. There was a desire for the Citizens' Advisory Committee members to be of assistance to the Council Committee. However, it was discussed that due to the high level of involvement of Councilmembers in park and recreation issues before the Community Services Committee it would duplicative to refer items to the Citizens' Advisory Group for additional public input when Councilmembers typically are receiving input directly from citizens. It was also pointed out that since there is increased public information and awareness about these issues due to televised Council meetings and other public information efforts that citizens communicate directly with Councilmembers by phone or e-mail to express their views. After much discussion, a majority of the members of the Citizens' Advisory Committee present at the meeting voted to request that the Citizens Community Services Advisory Committee be disbanded. Based on that request, the Community Services Committee (with Councilmember Carson absent) then voted to recommend that the Council disband the Citizens Community Services Advisory Committee by repealing Chapter 2.60 of the Municipal Code. The City is very appreciative of the time and effort the members of the Citizens Community Services Advisory Committee have contributed to their work on the Committee and they are to receive recognition from the Mayor and Council at the November 20th meeting for their contributions and service to the City. (jws) November 8, 2002, 9:38AM S:~JOHN\Council Committees\CSCOM\Citizens Community Services Advisory Committee - Admin.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 5, 2002 AP_PROVED DEPARTMENT HEAD ~'~"~ Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-35 from A (Agriculture) to E (Estate) on 20 acres, located at the southwest corner of Brimhall Road and Jenkins Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on November 6, 2002. This would permit the development of single family residential units. During the public hearing process, the neighbors east of the project site were concerned with additional traffic from the project site to Appaloosa Street. The applicant and staff met with the neighborhood prior to the hearing and as a result Public Works, Fire staff and the applicant came up with a solution to the neighbors concerns. The solution is to construct a barrier (median) along Jenkins Road to restrict access from the project site to Appaloosa Street. This would allow a secondary access/exit to and from the project site, which is needed by the Fire Department. The neighborhood representative has reviewed the solution and is in agreement with the construction of such restriction. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on September 19, 2002. The applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on August 12, 2002, in accordance with CEQA. MO:pit Admin\nov\l 1-20-0609 ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent ITEM: 8.f. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 5, 2002 ~PP~¢VED DEPARTMENT HEAD~ ~.z~ SUBJECT: An Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-03 from M-2 (General Manufacturing) to M-1 (Light Manufacturing) on 9.93 acres and M-2 (General Manufacturing) to R-2 (Limited Multiple Family) on 18.76 acres, located adjacent on the west side of Oswel~ Street, south of Kimber Avenue. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on November 6, 2002. The requested zone change (ZC 02-0626) was proposed in conjunction with GPA 02-0626, which the City Council adopted on November 6, 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:pjt (Admin/nov/11-20-0626) ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: Consent ITEM: 8.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 5, 2002 APPROVED DEPARTMENT HEAD~/~ CITY A'I-I'ORNEY,~'~ Y~ CITY MANAGER (~ Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-18 from C-1 (Neighborhood Commercial) and C-2 (Regional Commercial) to R-2 (Limited Multiple Family Dwelling) on three acres, located along the north side of W. Columbus Street, generally west of Union Avenue. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This ordinance received first reading by the City Council on November 6, 2002. This ordinance would permit the development of multiple-family residential uses. The property owner of the Royal Palms Mobilehome Park located north and west of the site has opposed the request. They have stated that the higher density for the site would negatively impact their property and cause additional traffic for the area. However, the City Traffic Engineer has reviewed the traffic analysis that was submitted with the application and does not anticipate a significant impact to the circulation system with the proposed mitigation for the project. Therefore, staff recommended that the request be adopted. The Planning Commission conducted public hearing(s) on September 16 and 19, 2002, for this General Plan Amendment/Zone Change and recommended City Council approval. No other issues were raised at the hearings. The applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on August 12, 2002, in accordance with CEQA. MO:p jr Admin\nov\l 1-20-0659 ADMINISTRATIVE REPORT IMEETING DATE: November 20, 2002 AGENDA SECTION: Consent ITEM: 8. h. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 7, 2002 APPROy-~ED DEP AR TM ENTH EAD~'~ /,,~, CITY A'l-I'O RN Ey ~/.~/~ / CITY MANAGER SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A-20A (Agriculture-20 Acre Minimum Lot Size) to R-2 (Limited Multiple-Family Dwelling) on 18.64 acres located along the southeast corner of Allen Road and Reina Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The applicant's proposed amendment would allow 225 multiple-family dwelling units on 18.64 acres. Applicant has agreed to afl conditions and mitigation for the project. The Council heard the appeal filed by Floyd Hinsley and James T. Murphy, conducted the public hearing on the negative declaration, the general plan amendment, zone change and gave first reading of the Ordinance on November 6, 2002. The Council added conditions of approval to the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on August 12, 2002 RED:Pit Admin\nov\l 1-20-0616 ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: A.i. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT'HEAD DATE: October 10, 2002 CITY AI-FORNEY CITY MANAGER SUBJECT: Resolution making findings and determination regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code implemented a Transportation Impact Fee Program for new development in order for new development to bear a proportionate share of the cost of the new or expanded transportation facilities required by such development. Funds collected from transportation impact fees shall be used for the purpose of capital improvements to transportation facilities associated with the "Regional Transportation Facilities List". Such improvements shall be of the type as are made necessary by the new development. No funds shall be used for periodic or routine maintenance. Funds shall be used exclusively for capital improvements within the City or for projects outside the City, but within the Bakersfield Metropolitan 2010 Plan area which are a direct benefit to the City. Chapter 15.84(080)B states that any funds not expended or encumbered by the end of the calendar quarter immediately following five (5) years from the date the transportation impact fee was paid shall be refunded to the then current owner or owners of lots or units of the development project or projects on the prorated basis, pursuant to the provisions of State Government Code Section 66001. State Government Code Section 66001(d) requires the Council to make periodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. The State Government Code requires local agencies "for the 5th fiscal year following the first deposit into an account or fund, and every 5 years thereafter, to include specified information in findings relating to the funding of a project." No prior annual determinations have been prepared by Staff for Council consideration. Future determinations will be submitted for Council consideration every 5 years. Significant sums are typically required for many of the projects included on the Regional Transportation Improvement Plan - Phase 2 (Plan). If sufficient funds have not accumulated, the already-collected funds need not be expended within five years, provided that the council determines that they can eventually be expended for projects included on the Plan. Examples of some of the projects included in the Plan are: Bridge Construction Hosking @ 99, Hageman Road Bridge Construction, Stockdale Highway Median Reconstruction, and Miscellaneous Traffic Signals. By making this determination, the City will be able to continue accumulating funds until there are sufficient funds for the projects. In the event that no need can be demonstrated, then the funds would have to be refunded to the current property owner. Staff has October 28, 2002, 11:49AM G:~GROUPDAT~ADMINRPT~2002\Nov 20\TIF Admin doc..doc ADMINISTRATIVE REPORT identified currently unfunded projects which would utilize both existing and future Transpodation Impact Fees. This Administrative Report requests that the Council find and commit all unexpended funds collected, which the City will have held for five (5) or more years, in accordance with Schedule "A". Schedule "A" is a cumulative summary of revenue collected, expenses incurred, and unexpended revenue within the Transportation Development Fund from its inception to Fiscal Year 2001-02. This schedule also includes a recommendation that unexpended revenue be committed to incomplete projects on the Regional Transportation Facilities-Phase 2 schedule. October 28, 2002, 11:51AM G:\GROUPDAT~ADMINRPT~2002\Nov 20\TIF Adrnin.doc doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent ITEM: 8.,'j. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building November 12, 2002 APPROVED DEPARTMENT CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the City Manager or his designee of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1, 2, 4, 5 & 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on November 12, 2002, by the City Manager or his designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintainin9 open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Buildin9 Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 408 Bill Avenue 010-061-18 $ 567.00 2. 35 Bliss Street 139-404-03 $ 344.00 3. 1023 Collins Way 019-030-05 $ 389.00 4. 124 Hayes Street 018-320-03 $ 332.50 5. 137 S. King Street 139-422-15 $ 840.00 6. 500 L Street 009-440-01 $ 695.00 7. 118 Lakeview Avenue 018-400-08 $ 439.00 8. 6841 Lowry Street 516-142-01 $ 395.00 9. 3604 Meeks Avenue 172-134-16 $ 895.00 10. 817 Melwood Street 170-141-26 $ 3,345.00 11. 16 Milham Drive 139-431-07 $ 319.00 ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST 12. 13. 14. 15. 16. 17. 137 Milham Drive 201 Miraflores Avenue SEC Ohio & Tollhouse 310 Ohio Drive 701 Union Avenue 703 Wilkins Street 139-422-09 $ 244.00 516-072-01 $ 473.00 169-061-08 $ 259.00 169-070-20 $ 244.00 009-471-15 $ 922.00 139-432-27 $ 443.00 Ward 2/Councilmember Benham 18. 1315 Robinson Street 19. 624 30"~ Street Ward 4/Councilmember Couch 20. 8915 Mendocino Road Ward 5/Councilmember Hanson 21, 3626 Boswellia Drive 015-170-17 $ 494.00 002-081-15 $ 567.00 501-192-04 $ 339.00 513-222-21 $ 369.00 Ward 7/Councilmember Salva,q,qio 22. 6917 Akers Road 515-031-08 $ 595.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. Nov20B1 HRG November 12, 2002, 10:15AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 4, 2002 APPROVED DEPARTMENT HEAD~' CITY ATTORNEY CITY MANAGER Resolution ordering change of proceedings to reduce assessments to $1,940,000 for parcels located in City of Bakersfield Assessment District 02-1 (Avalon/Belsera/Montara/The Woods). (t4ard 4, 7) RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On September 18, 2002, Council approved the Resolution 160-02 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield Assessment District 02-1 (Avalon/Belsera/MontaraFfhe Woods). The Bond issue amount was estimated to be $2,010,000. Subsequent to the adoption of Resolution 160-02, the actual amount of bonds issued for the district was $1,940,000 ($70,000 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 November 4, 2002, 9:29AM S;\KimG\Forms & Lables~Admin-AssmtDist02-1.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8. '1. TO: FRO~: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Wor:(s Directo,' October 31, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER._ APPROVED Resolution determining that Go-4 three-wheeled utility vehicles for use in the Traffic Section of the Police Department cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $50,510 ($25,255 each, tax included). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: It is time to replace two utility vehicles for use in the Traffic Section of the Police Depadment. Currently, the Go-4 brand three-wheeled utility vehicles are in use. The closest comparable vehicle available for this use is a GEM Electric vehicle. The GEM only has a top speed of 25 miles per hour with a twenty five mile range. They are not intended to go eight to ten hours straight without charging batteries. The GEM is not air conditioned, has conventional brakes rather than the disc brakes of the Go- 4 brand, and uses a small storage area that will not accommodate boxes, flares, or any other items carried by Police Service Technician officers. Additionally, the GEM is a four wheeler using ten inch tall tires, unlike the Go-4 which only has three foudeen inch tires, which allows better maneuverability. Finally, the GEM's curb weight is 1,160 pounds compared to the Go-4 brand's weight which exceeds 1,500 pounds classifying it as an "automobile" and not a "motorcycle" as defined in California Vehicle Code Section 400. Therefore, the operator of the Go-4 is not required by law to wear a helmet during its operation. The Go-4 brand three-wheeled utility vehicles are only available from Westward Industries, LTD., the only manufacturer of these vehicles, through Municipal Maintenance Equipment, the only dealer of these vehicles in the state of California and the Reno area of Nevada. November 7, 2002, 10:14AM G:\GROUPDAT~ADMINRPTt2002\Nov 20\Fleet Sole Source,dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ]ITEM: 8.fa. TO: Honorable Mayor and City Council r~),~ APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: November 8, 2002 CITY ATTORNEY CITY MANAGER _~'~"~ SUBJECT: Temporary Salaries 1) Amendment No. 9 to Resolution No. 44-93 Setting Salaries and Related Benefits for the Temporary Unit RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: Due to the contract cancellation by Select Temporary Services, the salary schedule is being updated to reflect current pay rates and job titles for temporary employees. Several of the pay rates have not been changed in four years and had fallen below the current minimum wage rate. dm) November 8, 2002, 10:42AM S:~ADMINRPT~Temporary Salades dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk October 4, 2002 APPROVED DEPARTMENT HEA~/~ ~ CITY ATTORNEY CITY MANAGER ~ AmendmentNo. lto Resolution174-02se~ingthedatesofRegularCityCouncilMeetings, BudgetHearings, and DepadmentPresentationsforJanua~throughDecember2003. RECOMMENDATION: StaffrecommendsadoptionofResoiution. BACKGROUND: At the request of Councilmember Benham the December 2003 meeting date is being changed to December 10, 2003. All other meeting dates will remain the same. Additionally, it was brought to staff's attention that the December holidays were incorrect. In accordance with current MOU's when Christmas and New Years fall on a Thursday, the Fridays following each holiday will be observed. Exhibit "A" has been corrected to reflect these changes. :pmc November 12, 2002, 9:37AM S:\Council\admins\2002\MtgDates2003Amend.dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: Consent ITEM: 8.o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 28, 2002 APPRC)VED DEPARTMENT HEAD~/~ CITY MANAGER ~'~ Agreement to Indemnify LAFCO for City Annexation No. 436, Proceeding 1346, uninhabited territory located in two separate areas (1) along Stockdale Highway right-of-way, west of Ashe Road and (2) south of Blomquist Drive to Belle Terrace, generally west of McDonald Way. (Wards 2, 5 & 6) 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 LAFC© prior to the issuance of Certificate 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 territory consists of (1) 3.26 acres of uninhabited land located along Stockdale Highway right-of-way, west of Ashe Road and (2) consisting of 0.48 acres of land located south of Blomquist Drive to Belle Terrace, generally west of McDonald Way which is developed as a single family home. The site at Stockdale Highway is developed with road right-of-way. The city wishes to annex the remaining right-of-way along Stockdale Highway in the area. The property owner along Blornquist wishes to receive city services and has consented to annexation. MO:pjt Admin\nov\l 1-20-436 ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8 p TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~.~ DATE: November 7, 2002 CITY ATTORNEY / CITY MANAGER ~L~ SUBJECT: Agreement with Federal Department of Housing and Urban Development (HUD) for $4.1 Million of Section I08 funds which will be used to fund four public facilities projects in Southeast Bakersfield. (WARDS i & 2) RECOMMENDATION: Staff recommends approval and authorization for City Manager to execute all necessary documents./ BACKGROUND: On May 22, 2002 the Council approved and authorized the submittal of an application to HUD under the Section 108 loan guarantee program for $4,100,000. The Section 108 loan guarantee assistance application was approved by HUD last month for four public facilities projects: 1) Martin Luther King (MLK) Jr. Pool Rehabilitation project ($300,000); 2) Jefferson Pool Rehabilitation project ($300,000); 3) 14~' Street Aquatic Center project ($3,300,000); and 4) Career Counseling/Training Center Facility project ($200,000). Subject to the provisions and special conditions of the Funding Approval agreement, HUD will make the $4.1 million funding assistance available to the City upon execution of the contract by both parties. Section 108 assistance is financed through underwritten public offerings at the national level. The principal security for the loan guarantee is the City's current and future CDBG funds. Repayment of the loan will be CDBG funds starting in FY 2004-04 annually for about twenty years. The annual repayment is estimated at $353,000 (principal and interest). For FY 2002-03 and FY 2003-04, estimated annual interest payments will be about $52,000 and $152,000, respectively. Upon the execution of the Funding Approval agreement and submission to HUD, the closing process begins. During this process interest rates, repayment schedules, additional security/collateral, interim/permanent financing and loan documents are finalized. It is estimated that this process will take about two months, and that 108 funds will be available for drawdown by early 2003. S:~Admins\City Council\Section 108 4 1 agreements.doc 1,'7/2002 8:09 AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: ITEM: 8.q. Consent Calendar TO: Honorable Mayor and City Council //~A,I~ROVED FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD DATE: November 7, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 01-205 with California Water Service Co. (Ward No. 3) 1. Add $163,500 (for a total reimbursable amount of $1,043,500) to provide additional construction on the Northeast Bakersfield Water Supply's Kern River Intake Pumping Facilities. 2. Appropriate $163,500 fund balance to the Water Resources Capital Improvement Budget within the Domestic Water Fund. RECOMMENDATION: Staff recommends approval of amendment to agreement. Staff recommends approval of the appropriation. BACKGROUND: The Kern River Intake Pumping Station is a part of the Northeast Bakersfield Water Supply Project. The pumping station is being constructed near the California Living Museum (CALM) and the Kern Soccer complex by California Water Service Co. (Cai Water). This station is required to draw water from the Kern River and pump through a pipeline running to a treatment plant that is located approximately 1 mile south of the pumping plant. The City has requirements to pump from the river into the reservoirs near the same location and also to provide river water to CALM and Hart Park. Agreement No. 01-205 Reimbursement Agreement provides that Cai Water is the lead construction agency with installation, construction management and inspection services for the pumping station included. The original cost estimate for the City's share of the pumping station was $880,000. Certain aspects of the Kern River Intake Pumping Station were yet to be determined at the time of the execution of Agreement No. 01-205 and additional construction and modifications are required. The work needed includes: Site drainage modifications including pipes and structures for stormwater runoff to be integrated with existing stormwater systems; safety modifications to the open diversion structure; additional compacted embankment at east end of reservoirs; additional compacted embankment to extend flood protection levee to tie-in to natural hillside; river channel and bank cleaning for more efficient intake to pumping plant; and associated engineering and construction management services. The additional construction work is estimated to be $163,500, and would increase the City share of the reimbursement contract to $1,043,500. FC:fc November 7, 2002, 12:46PM S:\2002 ADMIN REPORTS\NO20WT1CC.dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.r'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart Water Resources Manager November 6, 2002 C, ATTOR"E' MA.AGE; 0fl Contract Change Order No. 1 ($25,781.53) to Agreement No. 01-213 with Kern County Construction, Inc. for Construction of Ashe Water Well CBK41. (Ward 4) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Domestic Water deepwell facility named CBK 41 is located within a housing tract located north of the Kern River, east of Jewetta Avenue, south of Brimhall Road, and West of Verdugo Road. Agreement No. 01- 213 calls for the construction and installation of a deep well turbine pump, a concrete block pump house, and all necessary electrical and mechanical hardware required to tie the existing deep well into the City of Bakersfield water distribution system. Several items are required to be added to the contract to cover costs that will be incurred in construction and installation of: an emergency vent cover for the fuel cell; installation of a PG&E required pull box; drains for the heat exchanger, eye wash station, pump base and basin inlet; 6" blow-off fitting; additional concrete driveway; 2" heat exchanger piping; and extra fittings to discharge piping to distribution system. Funds are available in the Water Resources Domestic Water Capital Improvement Budget for this additional project work. With this Contract Change Order, the revised contract amount will be $295,006.53 FC:fc November 5, 2002, 3:29PM S:\2002 ADMIN REPORTS\NO20WT2CC.dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 7, 2002 APPROVED DEPAR*MENT.EAD , CITY MANAGER ~ Amendment No. 1 to Agreement No. 01-204 with Kleinfelder, Inc., ($283,965 for a total not to exceed compensation clause of $580,000) for Material Testing Services for Various Construction Projects, Fiscal Years 01-02 and 02-03. RECOMMENDATION: Staff recommends approval of amendment BACKGROUND: Agreement No. 01-204 with Kleinfelder, Inc. was approved by the City Council on September 5, 2001 with a not to exceed compensation clause of $296,035. The amount of compensation was estimated based upon 1) previous years' contracts for testing, 2) projected amount of testing needed for the CIP budget years covered, and 3) current and projected hourly rates of the laboratories and technicians. In fiscal year 2001-02, an unprecedented number of resurfacing projects were accelerated and constructed which were not originally in the Capital Improvement Program at the time the material testing contract was executed. In addition, the State Department of industrial Relations has increased the minimum prevailing wage for the Soils Field Technician portion which affects both the technician hourly rate as well as the total testing budget. These occurrences have resulted in the depletion of the contract compensation well before the expiration of the agreement. This amendment adjusts the total compensation to $580,000 and adjusts the Field Technician rate from $65.00 per hour to $70.00 per hour. Funding for this amendment will be from budgeted Capital improvement Projects. November 8, 2002, 4:18PM G:XGROUPDAT~ADMINRPT~2002\Nov 20~Amend 1Ag 01-204.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar TEM: 8.t. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J, Klimko, Finance Director September 23, 2002 APPROVED DEPARTMENT HEAD A~ ~O~ ~ CITY ATTORNEY ~ CITY MANAGER ~ Amendment to Agreement No. 02-274 for purchase of real property at 825 14th Street from Arlene K. Hunter for $150,000. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On September 18, 2002, the City Council approved Agreement No. 02-274 for the purchase/sale of 825 14th Street from Arlene K Hunter for $200,000, The intent of the original agreement was to provide Ms. Hunter sufficient funds to rebuild her kennel facility in another location. Subsequently, Ms. Hunter has elected not to pursue rebuilding her facility so it is necessary agree to modify the original agreement to reflect this fact. November 8, 2002, 1:20PM P:\My Files\Admin Reports\Sivers doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 5, 2002 APPROVED DEPARTMENT HEAD~? CITY ATTORNEY ~ CITY MANAGER ~ Agreement with Kern Economic Development Corporation for economic development in Kern County in an amount not to exceed $70,000. (City-wide) RECOMMENDATION: Budget and Finance Committee recommends approval. BACKGROUND: Since it formation in 1986, Kern Economic Development Corporation (Kern EDC) has received City financial assistance to assist in its mission of attracting and retaining industry to Kern County. The existing agreement one-year agreement with KEDC expired June 30, 2002. At your July 10 meeting, you referred this item to the Budget and Finance Committee for review. The Budget and Finance Committee met twice to review this item. Kern EDC initially requested a $150,000 contribution for Fiscal Year 2002-03. Such an increase would have been 150% over the existing $60,000 base funding agreement. In addition to this base, there has been an additional $40,000 in potential incentive funds that can be earned by Kern EDC. This incentive portion of the agreement has been in effect since FY 1998-99. Of the $160,000 in potential incentive monies available since that time, only $70,000, or 44%, has been claimed by Kern EDC The Budget and Finance Committee recommends providing Kern EDC with a $20,000 base contribution for FY 2002-03 and an additional $50,000 in potential incentive funding. This provides Kern EDC the opportunity to earn a potential $70,000 in the current fiscal year. The term of this proposed agreement would be for one year, retroactive to July 1, 2002. There are five key points of the proposed funding arrangement: 1. Calculation of Incentive: Current agreement: Kern EDC can earn $5,000 for each (50) jobs any one employer creates in the first two years of the employer's existence in the City. S:~Admins\City Council\KEDC 2001.doc 11/5/2002 8:53 AM ADMINISTRATIVE REPORT Page 2 Proposed chanqe: $5,000 could be earned for each increment of (50) jobs that may be created at more than one company in the first two years of the employer's existence in the City. This change would be a cumulative total that would allow credit for, say, two companies at (25) each, five companies at (10) each, etc. However, the (50) would remain the trigger for any incentive payment to be made. 2. Payment of Incentive: Current agreement: Payment of the incentive is made in a lump sum during the following fiscal year for work performed in the current fiscal year. Proposed chanqe: Payment of the incentive would be made when each cumulative (50) job benchmark has been reached. This proposed change would provide a more immediate payment of the incentive for the work Kern EDC completes. 3. Reference to Clients: Current agreement: The documentation of "meaningful contacts" related to companies that would qualify Kern EDC for the incentive payment must include the file number. Proposed chanqe: Kern EDC no longer uses file numbers but, instead, refers to the client by a name, such as Project Smart. 4. Registration of Clients: Current aqreement: This issue is not addressed in the current agreement. Proposed addition: Kern EDC and City staff would develop a mutual list of contacts that fall under the terms of the contract. Should the contract not immediately be renewed, this list would document those clients that both parties agree are covered under the contract for payment once the employer creates the necessary jobs. 5. Presentations to City Council: Current aqreement: This issue is not addressed in the current agreement. Proposed addition: Kern EDC would make two presentations to City Council during the term of the agreement to provide an update on activities. S:~Admins\City Council\KEDC 2001.doc 11/5/20028:53 AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.v. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 8, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 ($116,000 for a total not to exceed compensation clause of $829,000) to Design Consultant Agreement No. 02-207 with Rossetti Architects, Inc. for the design of the Bakersfield Aquatic Center and Ice Center (Ward 2) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The Scope of Work for the original agreement for the design of the Aquatic Center and Ice Center did not include Consultant's services for design of a 50 meter competition pool or for the preparation of a rendering for use in fund raising. Now that the City has requested the Design Consultant to expand the Scope of Work to include the 50 meter competition pool and rendering, this amendment is needed. Amendment No. 1 adds $116,000 to the total compensation amount, bringing the total contract amount to $829,000. Funds are available to cover this increased cost. November 8, 2002, 9:13AM G:\GROUPDAT~ADMINRPT~2.002\Nov 20~Amendment No. 1 to Agreement No. 02-207,dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: November 8, 2002 CITY ATFORNEY CITY MANAGER SUBJECT: 1. Approval of Settlement Agreement between City, RiverLakes Investment Co., D.R. Horton, Curt Carter, and Donahue Schriber. 2. Approval of Improvement Agreement with RiverLakes Investment Co. for Construction of Signal at Coffee Road and Meany Avenue. RECOMMENDATION: Staff recommends approval of the attached Settlement Agreement and Improvement Agreement. BACKGROUND: On October 2, 2002, the Bakersfield City Council approved a Settlement Agreement between the City, RiverLakes investment, Kyle Carter Homes and Coleman Homes. One purpose of the Settlement Agreement was to resolve a disagreement that had arisen among the parties as to the the distribution of traffic impact fee credits and reimbursement for constructed projects under Agreement No. 99-118. Other than different parties and projects, the attached Settlement Agreement is similar to the one approved on October 2, 2002. As a refresher, the City entered into Agreement No. 99-118 with Fruitvale Properties, the Master Developer of the Rivedakes Ranch in May 1999. The primary purpose of the Agreement was to defer construction of certain off-site street improvements in Riverlakes that were triggered by development of the Riverlakes Golf Course. The Agreement identified specific improvements within Riverlakes and provided for their construction upon development of certain tracts within the Riverlakes area. This ensured uniform development of off-site street improvements in an economically feasible manner. Subsequently, the Master Developer sold its interests in Riverlakes to various subdividers. Three of the identified projects in Agreement No. 99-118 concern the construction of "Calloway: Hageman to Olive," "Hageman: Calloway to Friant Canal" and "E.1/2 Main Plaza: Hageman Road to the north boundary of Tract 5152, approximately 850 feet," (collectively referred to as "Projects 7, 9 & 11"). The City has consistently maintained its position that the builder of identified projects within Agreement No. 99-118 are entitled to receive reimbursement from other subdividers, as well as the traffic impact fee credit for those projects. While this might appear to be "unfair" at first glance, this was the intent of the original parties to Agreement No. 99-118. In addition, the Agreement was recorded against VG:alj November 8, 2002, 2:45PM S:\COU NCIL~Admins\Projects7,9& 11 .agr.doc ADMINISTRATIVE REPORT all parcels of land affected by Agreement No. 99-118. However, the City also agreed that if the subsequent owners/subdividers to Fruitvale Properties desired to agree on another manner of distribution of traffic impact fee credits and reimbursement, that the City would consider such an arrangement. In this instance, Donahue Schriber completed construction of Projects 7, 9, and 11 and received traffic impact fee credits. Other developers of the immediate area allege that they are entitled to traffic impact fee credits for their anticipated reimbursement to Donahue Schriber. Similar to what was done for Coleman Homes and Kyle Carter Homes, the parties affected by Projects 7, 9 &11 have arrived at a Settlement Agreement which will modify and supersede the terms of Agreement No. 99-118. In general, the Settlement Agreement provides that D.R. Horton will deposit their reimbursement amount for the Projects 7, 9, &11 to the City. This amount of money (approximately $875,000) will be released by the City to Donahue Schriber ($775,000), RiverLakes Investment Co. ($80,000), and Curt Carter ($20,000) and represents the total amount of reimbursement due for said Projects. in return, RiverLakes Investment will execute an Improvement Agreement providing for the bonding and construction of a signal light at Coffee Road and Meany Avenue and waive its right to traffic impact fee credits for this project with the understanding that said credits ($130,000) will be given to D.R. Horton. Finally, all parties have agreed to waive any further claims against each other for any issue arising out of Agreement No. 99-118. As such, staff recommends that Council approve the attached Settlement Agreement and Improvement Agreement for the construction of the signal light at Coffee Road and Meany Avenue. VG:alj November 8, 2002, 2:45PM S:\COU NCIL~Admins\Projects7,9&l 1 .agr.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.x. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ..~? DATE: November 7, 2002 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Amendment No. 2 to Agreement No. 1-262 for time extension with A. Phillip Randolph Community Development Corporation for the construction of a single family home at 329 Clyde Street. (WARD 1) RECOMMENDATION: Staff recommends approval, BACKGROUND: At the November 14, 2001 City Council meeting, Agreement No. 01-262 was approved with A. Phillip Randolph Community Development Corporation (APRCDC) to grant surplus property located at 329 Clyde Street and to provide $6,000 of HOME Investment Partnership Program funds to assist in paying for the permit fees related to the construction of a single-family home. According to the original agreement APRCDC was to complete the construction of the Clyde Street home by June 12, 2002. On July 10, 2002 an extension of the completion date was granted for an additional 12 weeks from June 12, 2002 to October 2, 2002. Due to a shortage of funds APRCDC has secured a construction loan to complete the project and is requesting an extension from October 2, 2002 to February 15, 2003. A subordination agreement to a second position will be processed upon approval of this extension in order to allow them to secure the loan. Staff agrees with the extension request. All other conditions of the original agreements are still required of APRCDC pursuant to the HOME guidelines. S:~Admins\City Council\a phillip randolph amend 2.doc 11/7/2002 8:08 AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Caledar ITEM: 8.y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 8, 2002 APPROVED DEPARTMENT HEAD ~. CITY ATTORNEY/~}~¢ CITY MANAGER ~ Accept bid to award contract to Gilliam & Sons, Inc. ($58,479) for Demolition of Improvements for the Aquatic and Ice Center Project 0Nard 2). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consist of demolition of 1) four buildings located at 900 13t~ Street; 825 14th Street; 1325 P Street, and 1331 Q Street, 2) P Street from 13th Street to 14th Street, 3) the alley between 13th and 14th Streets, and 4) the existing parking lots on 13th and 14th Streets between O Street and P Street. The Engineer's Estimate for this project was $91,000. Three acceptable bids were received on November 5, 2002 as follows: Gilliam & Sons, Inc 9831 Rosedale Hwy. Bakersfield, CA 93312 (City) In the amount of $58,479.00 Valley Tree & Construction 4233 Quinn Road Bakersfield, CA 93308 (County) In the amount of $65,900,00 Concrete Cutting Unlimited, Inc. 3747 Gilmore Ave. Bakersfield, CA 93308 (County) In the amount of $81,400.00 Wgm November 8, 2002, 9:17AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar TEM: 8,7, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 7, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ClTY MANAGER ~ Various Street Improvements - Hageman Road, Calloway Drive and Old Farm Road (Ward 4): 1. Accept base and alternate bid to award contract to E & M Constructors Co. ($362,831.40) for the Project. 2. Approve Reimbursement Agreement with Riverlakes Community Church (actual cost of alternate bid to be reimbursed to City). 3. Appropriate $187,000 fund balance and $113,000 Developer Contribution to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of Iow Base Bid, awarding of contract for Base Bid and Additive Alternate, and approval of the Reimbursement Agreement and appropriations. BACKGROUND: The City of Bakersfield and Riverlakes Community Church have agreed to construct street improvements on Hageman Road and Calloway Drive through a Reimbursement Agreement based upon the Church's approval of the selected bidder's proposed estimate for the Church's portion (Additive Alternate Bid). As stated in the bid proposal sheet, the apparent Iow bidder for the project will be determined by the total of the Base Bid. The City received written consent from the Church officials authorizing the City's Iow bidder, E & M Constructors Co., to construct their portion of the project (Additive Alternative Bid) under the City's construction contract. Project consists of completing the roadway to ultimate width on Calloway Drive and Hageman Road, completing the roadway on Old Farm Road and installing raised medians on Hageman Road. It is budgeted within the current fiscal year. Intended improvements will be completed with budgeted funds and the appropriation. On October 10, four acceptable bids were received. The [ow base bidder for the City is E & M Constructors Co. E & M Constructors Company 15981 Yamell Street #198 Sylmar, CA 91342 (Out of town) Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) Base Bid Additive Alt. Bid Total, in the amount of Base Bid Additive Alt. Bid Total, in the amount of $249,925.00 $112,906.40 $362,831.40 $279,079.00 $85,555.00 S364,634.00 Engr. dc November 8, 2002, 9:16AM G:\GROUPDAT~,DMINRPT~2002\Nov 20~Admin Rpt_Hageman-Cal!oway-OIdFarm-Stqmprvt.doc ADMINISTRATIVE REPORT Granite Construction Company 3000 James Road Oildale, CA 93308 (County) Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (City) Base Bid Additive Alt. Bid Total, in the amount of Base Bid Additive Alt. Bid Total, in the amount of $280,831.00 $68,012.00 $348,843.00 $316,131.92 $80,545.19 $396,677.11 Engr dc November 8, 2002, 9:16AM G:\GROUPDAT~ADMINRPT~2002\Nov 20~Admin Rpt_Nageman Calloway-OIdFarm-St-lmpo/t.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: Honorable Mayor and City Council A~PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 29, 2002 CITY ATTORNEY ~../~'~"~ DATE: October CITY MANAGER ~ SUBJECT: Miscellaneous Appropriations/Transfers (Ward 3): 1. Appropriate $41,420 Transpodation Development Act Article 3 Funds to the Pedestrian/Bikeway Fund Capital Improvement Budget for the Northeast Bike Path Project. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: This administrative repod recommends appropriation of additional Transportation Development Act (TDA) Article 3 funds for the Northeast Bikepath Project. In August, 2002, staff submitted a request to KernCOG to transfer savings realized on three TDA funded projects to the Northeast Bikepath Project. Increased costs had been experienced on the Northeast Bikepath Project including design/inspection services, added fencing, bollards, and signage. This request was approved by the Kern COG Board at its October 17, 2002 meeting. The attached letter from KernCog indicates approval of $57,730 in additional funding. The difference between this amount and the appropriation amount is $16,310, which is the expenditure overage of this project at the close of FY 01/02. Therefore, the $16,310 is not available for appropriation. October 30, 2002, 3:36PM G:\GROUPDAT~ADMINRPT~2002\Nov 20\NE Bikepath-Add'I TDA AIIoc,doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. bb. TO: FROM: DATE: SUBJECT: Carroll Hayden, Human Resources Manager October 14, 2002 Honorable Mayor and City Council A)~( LV' DEPARTMENT HEAD ~ CITY ATTORNEY ,/~' CITY MANAGER ~L~ Revised Job Specification: Recreation Superintendent APPROVED RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: The job specification for Recreation Superintendent has been updated in light of the recent council approval to fill the position. The specification has not been updated since 1983. Changes have been made to reflect current responsibilities and set the minimum qualifications equivalent to other Superintendent positions. The revised job specification will be presented to the Miscellaneous Civil Service Board at their November 19, 2002 meeting. (Jm) October 14, 2002, 2:31 PM S:~ADMINRPT~Recreation Superintendent.dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.cc. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 7, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 3 (FY 02/03). Ward 2 RECOMMENDATION: Staff recommends approval. BACKGROUND: At the October 2, 2002 City Council meeting, Agreement No. 02-290 was approved with D.W. Sivers Company to purchase 907, 1001, 1007, 1015, and 1025 13 Street, 1275 "P" Street, and 1020, and 1022 California Avenue for a future commercial development. Three of seven properties sold to Mr. Sivers were purchased with Community Development Block Grant funds as part of the City's acquisition and demolition program. In order to use properties purchased with CDBG funds staff must be able to determine that the jobs created by this activity would be available to Iow-income individuals. Since no specific businesses for the Sivers project have been identified, the availability to Iow-income individuals can not be evaluated, so consequently, all costs associated with the purchase of the three properties must be returned as program income to the Community Development block Grant program to be used for eligible CDBG activities. The CDBG cost to purchase the three lots totaled $201,000. The proposed amendment will allocate $201,000 of CDBG program income toward the 14th Street Aquatic Center Project. A public notice was published October 19, 2002 to begin the 30-day public comment period for this amendment. To date, no public comments have been submitted. S:~Admins\City Council\action ptan amend 11-20-02.doc /7/2002 8:08 AM ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.dd. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 8, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Funding for Bakersfield Sanitary Landfill Closure (Ward 3): Appropriate and transfer $2,400,000 Refuse Fund balance to the Landfill Closure Fund to set aside additional funds for the Bakersfield Sanitary Landfill Closure Project. RECOMMENDATION: Staff recommends of appropriation and transfer. BACKGROUND: At the August 16, 2000 meeting, Council approved a plan to accumulate funds for the final capping and environmental closure of the former Bakersfield Sanitary Landfill (Project). The majority of this funding has been provided by savings in commercial landfill disposal fees paid to Kern County. On June 28, 2000 the City Council approved Agreement #00- 168 with Kern County which changed the disposal fee from volume to tonnage beginning with the 2000-01 fiscal year. Since that time, landfill fee savings earmarked for the Project have been in excess of $700,000 per year. The County recently announced a plan to increase landfill disposal fees beginning July 2003. Preliminary staff estimates project a $425,000 to $550,000 annual decrease in the commercial landfill fee savings described above. This decrease severely impairs the original Council approved Plan to ensure sufficient funding for the Project. The Project should commence in the 2003-04 fiscal year. Staff estimates that the City's share of the joint City/County Project will run between $3.3 Million and $5.5 Million, depending upon engineering and bid results. Staff recommends using $5.5 Million as the target goal for funding to ensure adequate funds are on hand for the Project. The following table summarizes the anticipated funding shortfall. November 8, 2002, 3:07PM G:\GROUPE)AT~ADMINRPT~2002\Nov 20\Landfill Cap Reserve Admin.doc ADMINISTRATIVE REPORT Target Funding Goal Less: Anticipated Landfill Closure Fund Balance, June 30, 2003 Anticipated Future Funding for FY's 03/04 and 04/05 (This consists of reduced disposal fee savings and interest earnings). Anticipated Funding Shortfall $5,500,000 $2,600,000 $ 500,000 $2.400.00~0 Ending unreserved fund balance within the Refuse Fund, as of the close of FY 01/02, came in $1,982,347 higher than originally estimated. Adding this to the estimated FY 02/03 unreserved fund balance used in the budget estimates, yields an estimated unreserved fund balance of $4.2 Million at the end of this fiscal year. Staff recommends covering the anticipated $2.4 Million funding shortfall with the unreserved fund balance within the Refuse Fund. Any remaining dollars within the Landfill Reserve Fund upon Project completion would be transferred back to the Refuse Fund. G:,GROUPDAT\ADMINRPT'x2002'~No~ 20xLandfill Cap Reserxe Admin.doc ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Hearings ITEM: 9.a. TO: Honorable Mayor and City Council APPROVED ~,~ FR©,'~I: Raul M. Rojas, Public Works Department DEPARTMENT HEAD DAT~: November 6, 2002 CITY ATTORNEY----? ~"?~ CITY MANAGER SUBJECT: Resolution ordering the vacation of the alley on the west side of Owens .~,treet southerly of State Freeway 178 (at 1716 Owens Street). (Ward 2) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Mamdouh Eldib has an approved Conditional Use Permit to allow a used car sales lot at 1716 Owens Street. As a finding of the Board of Zoning Adjustment hearing, it was d,-:termined that the alle~ access from Owens Street is hazardous because of its closeness to the Freeway' 178 off-ramp at Owens Street. As a condition of approval of the Conditional Use Permit, the alley shall ):~ abandoned and the ~pplicant shall construct curb and gutter to close off the Owens Street access. The conditions also reqL:ce the applicant to provide an access agreement with the owner to the south (Arc¢ Mini Mart) which gua-antees access to Flower Street. The City Fire, Police, Public Works, Water Resources, Development Services and Econc:uic Development Depa?tments have been notified and none have objected to the proposed vacation ur:der the following concidons: 1. Applicant's adjacent property shall be merged into a single parcel and a temporary public access easement shall be reserved over said alley until completion of the lot merger. 2. An easement shall be reserved for the existing public sewer main in the a ay. 3. The alley vacation and required access to Flower Street shall provide ae,:~quate access for City ~efuse pickup. The ~tility companies serving the area have been notified by mail and they have indicat, d no objection to the · acation if adequate easements are reserved for their existing facilities in the vacatin:: area. The oroposed vacation was heard by the Planning Commission at its meeting of Septe¢ ber 5, 2002, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. On ~.;ctober 2, 2002, Council adopted Resolution of Intentio,~ No. 1282 declaring its intention to order the vaca'Jon of the alley on the west side of Owens Street southerly of State Freeway 17Z (at 1716 Owens Str~ ~:). This hearing has been duly advertised and posted on site as required by law. Nove :,er 6, 2002, 10:05AM G\G~, ;:UPDAT'C, DMINRPT~2002\Nov 20\Vac Res Admin dot ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Consent Calendar ITEM: 9. b. A PROVED TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 8, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Hearing to receive public comment on the proposed 2000-2021 Regional Transportation Impact Capital Improvement Plan and Fee Schedule. (All Wards) 1. A resolution of the Council of the City of Bakersfield adopting the 2000-2021 Regional Transportation Capital Improvement Plan. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code requires that the City Council annually update the Capital Improvement Plan and Fee Schedule. Certain projects of regional importance have been added to the list to account for shifts in development trends and oversights in the development of the original facilities list. Eight projects totaling $3,500,884 are being added to the Facilities List, This amount is being offset by savings in the costs of other projects, so there is no net change to the total dollar amount of the facilities list and no change in the fee amount. The Transportation Impact Facilities List may be amended at any time during the year; however, the City's Capital Improvement Project List must also be amended to reflect the same changes. G:\GROUPDA~ADMINRPT'2002~Nov 20~TIF changes.doc ADMINISTRATIVE REPORT AGENDA SECTION: Headngs MEETING DATE: November 20, 2002 ITEM NO: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 5, 2002 DEPARTMENT HE O~ CITY MANAGER/ ~ SUBJECT: Appeal by D.R. Horton of the Board of Zoning Adjustment's decision to deny a modification (File No. 02-0824) to reduce the side yard setback from 6 feet and 5 feet (required) to 3 feet (proposed) in a subdivision tract zoned R-1 (One-Family Dwelling) and R-2 (Limited Multiple Family). This modification is intended to apply to all lots within approved Tract 6107 which is located east of Calloway Drive and north of Hageman Road within the Riverlakes Golf Course area. (Ward 4) RECOMMENDATION: Staff recommends that the appeal be denied and the decision of the Board of Zoning Adjustment be upheld. BACKGROUND: The subdivision tract (#6107) consists of three phases totaling 201 lots, 115 of which are adjacent to the Links at Riverlakes golf course. It is planned as a gated community with private streets (50- foot right-of-way). Typical lots average 60-65 feet in width, 130 feet deep and encompass 8,400 square feet. This tract is within two zone districts (R-1 and R-2) with the southern 1/3 being in the R-1 zone (58 lots). The tract was approved by the Planning Commission on June 6, 2001 and as of the BZA's review, none of the phases had been recorded. Staff notes that the final map for phase one (102 lots) was recently approved by the City Council on November 6, 2002 and recorded November 12th. The applicant has requested a side yard setback modification to allow a reduction from 6 and 5 feet to 3 feet to allow the inclusion of a media niche for one of their five house plans. The original request before the BZA also included a front yard reduction but during their hearing, the applicant noted that the site plan submitted to staff was in error and they withdrew the front yard reduction request. Therefore, this appeal only concerns the side yard reduction. The applicant states that the side yard reduction is for only one in five lots. They have five house plans and assume each plan will be built equally throughout the subdivision. However, staff had to include in the request all lots in the tract since the applicant did not specify which lots would be limited to just this house plan, and it cannot be assumed that only one in five lots will actually contain this larger house plan if it is a popular option. ADMINISTRATIVE REPORT page-2- This tract is subject to the development standards of the Riverlakes Specific Plan which differ from the city's basic zoning ordinance requirements. The plan specifies that lots adjacent to the golf course be allowed a 20-foot front yard setback while the zoning ordinance requires 25 feet in the R-1 zone and 15 feet in the R-2 zone. It further specifies that if a 20-foot front yard is used, the side yard setback shall be increased from 5 to 6 feet on both sides of the house. For lots not adjacent to the golf course, the front yard must be 25 feet though the plan allows 50% of the lots (or every other lot) to be reduced to 20 feet to create a varied front yard along the street. Again, if a 20-foot front yard is used, the side yard increases to 6 feet on both sides of the house. These setback regulations in the specific plan apply the same for properties in both the R-1 and R-2 zones. The applicant argues that the media niche is 2 feet by 10-11 feet and would encroach no further into the setback than a fireplace. They claim that this space is not livable space. Staff notes that the Riverlakes Specific Plan does not address yard encroachments so the zoning ordinance dictates how they apply. The zoning ordinance permits encroachments into side yards of up to three feet but they cannot include additional floor or living space which would include media niches. The encroachment only permits architectural features such as eaves, cornices, fireplaces, porches and carports. The Board found that the subdivision has no topographic or other physical constraints that would prohibit the developer from meeting the minimum requirements. The lot sizes exceed minimum city requirements so lot size is not an impediment to the builder. The BZA denied the request since the applicant did not demonstrate any hardship or show that there were some other constraints that limited the layout of the homes. Additionally, since the tract map had not recorded, the Board noted that the developer could have altered their final lot configuration to accommodate the homes without relief from the standards or could modify the house plan to fit the lots. The section of the ordinance that allows architectural encroachments was last reviewed by the Planning Commission and City Council in 1998 when the section was amended to clarify they not include living area or interior space such as media niches and bay windows. If the developer feels that this neighborhood has qualities that warrant deviation from normal development standards, they could apply for consideration of a planned unit development (PUD) so that the Commission and Council can evaluate the unique characteristics of the proposal. The modification process is intended to be used for situations concerning a single lot where topography or other physical constraints impede adherence to the ordinance. It is not intended to lessen or waive standards for an entire subdivision. Therefore, staff recommends that the appeal be denied. ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Hearings ITEM: 9.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services ~ Planning November 8, 2002 DEPARTMENT H~ROVED A OR.. / ClTY MANAGER ~ General Plan Amendment/Zone Chanqe P01-0756 (Ward 7) Mclntosh & Associates is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from LR (Low Density Residential) to GC (General Commercial) and a zone change amendment from R-1 (One-Family Dwelling) to C-2 (Regional Commercial) on a 8.92 acre site located along the southeast corner of Stine Road and Panama Lane. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to C-2. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R-1 to C-2/PCD. RECOMMENDATION: Adopt the resolution adopting the Negative Declaration and approve the general plan amendment, approving the Zone Change request and first reading of the Ordinance. BACKGROUND: The Planning Commission conducted public hearings on September 16,19, 30, and October 3, 2002 on this General Plan Amendment/Zone Change and contrary to staff's recommendation recommended City Council approval on October 3, 2002. The applicant agreed to all mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on August 28, 2002, in accordance with CEQA. There are two existing corners designated for commercial at this intersection. One of these is vacant, the northeast corner. The southwest corner is now under construction with a commercial development. The need for additional commercial acreage was the most significant issue during ADMINISTRATIVE REPORT the public hearing. There is now a request in process asking that the fourth corner become commercial as well. Should all four corners become commercial, the total commercial acreage at this intersection would be 42 acres which is approximately 30 percent more than the "Market Place". After considerable debate the Commission approved the requested C-2 to C-2/PCD. The basis for this decision was that the geometrics of the project parcel lent itself more easily to the development of a grocery store which requires a certain depth to fit the big box and parking. Staff would not recommend approval because: There are already two commercial sites at the intersection adopted in the general plan to serve the needs and convenience of the surrounding neighborhoods. The adjacent property is already developed with homes and approval of the proposal would needlessly introduce a commercial to residential interface with its attendant problems. Regional Commercial (C-2) is excessive in its scope of development. The neighborhood commercial zone is C-1. 4. The property could be built upon as an extension of the residential neighborhood. RED (Admin\nov\11-20-0756) pjt Admin\ ADMINISTRATIVE REPORT MEETING DATE: November 20, 2002 AGENDA SECTION: Hearings ITEM: 9. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 8, 2002 .APP~IOVED DEPARTMENT HEA~~/,. , ClTY MANAGER General Plan Amendment 02-0623 (Ward 3) Mclntosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street between Lake Ming Road and Bella Drive in nodheast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and disapproving the amendment to the Circulation Element deleting the segment of Masterson Street between Lake Ming Road and Bella Drive as an arterial but to include approval of minimum design standards reflecting hillside development constraints. BACKGROUND: The Planning Commission conducted public hearing(s) on this General Plan Amendment and recommended City Council disapproval of the applicant's request and recommended approval of the Planning Commission recommendation of October 17, 2002 to change Masterson Street to a collector. The primary issue raised by the commission and applicant during the hearing was the cost of constructing and the need for an arterial roadway through this hilly area in northeast Bakersfield. Commissioners believed that the roadway is necessary; however, they felt the road should be constructed to collector standards due to construction cost. Specifically, they recommended the roadway be constructed to full collector standards (two travel lanes, bike lanes, curbs/gutters, sidewalks, etc.) The Commission's decision was appealed by the City of Bakersfield Public Works Department. The department believes that future development in this area of the northeast will require an arterial roadway. RED (Admin~nov\l 1-20-0623) MEETING DATE: November 20, 2002 AGENDA SECTION: Hearings ITEM: 9.f. TO: Honorable Mayor and City Council APP.~ROVED FROM: Donna L Kurtz, Economic Development Director DEPARTMENT HEAD DATE: November 12, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Submission of Section 108 Loan Public Facility Application to Department of Housing and Urban Development (HUD). 0NARD 1) 1. Resolution authorizing submission of a Section 108 loan application to HUD. Approval of Amendment No. 4 to the FY 02/03 Action Plan. RECOMMENDATION: Staff recommends approval and authorization for City Manager to execute all necessary documents. BACKGROUND: On September 18, 2002 the Council was provided with a proposed list of eligible HUD Section 108 activities that could improve the safety and environment of several key commercial corridors within the Southeast Redevelopment Project Area. Section 108 funds can finance acquisition, rehabilitation or construction of qualified public facilities, housing rehabilitation activities, and can also help fund special economic development projects. The Section 108 uses suggested last September complement current community development improvements in the project area and total about $2 million. Council reviewed all the proposed projects and alternatives and then directed staff to initiate $1 million of Section 108 funding for the following activities: job training/daycare facility ($200,000); Brundage Lane improvements ($325,000); Union Avenue improvements ($61,500); and California Avenue improvements ($413,500). Since the job training/daycare facility proposal was part of a previous Section 108 funding request submitted to HUD last June, the Section 106 loan application under current consideration is for the difference - $800,000. Repayment of the loan will begin in FY 2004/05 with a yearly estimated CDBG payment in the amount of $62,000 for twenty years. The proposed street improvements are part of the revised FY 2002/03 Action Plan and will address slum and blighted conditions and improve the safety and environment of three primary commercial corridors in Southeast Bakersfield. A public notice was published October 18, 2002 to begin a 30-day comment period for this amendment and Section 108 application. No comments have been received. S:~Admins\City Council\Sec 108 & Action Plan amend 10-18-02.doc 11/12/2002 11:54 AM ADMINISTRATIVE REPORT lMEETING DATE: November 20, 2002 AGENDA SECTION: Reports ITEM: 10. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 15, 2002 APP. J~OVED DEPARTMENT HEAD /J~? CITY ATTORNEY ~ CITY MANAGER ~ Amendment No. 2 to Agreement No. 02-042 with Bakersfield Senior Housing, Inc. for an additional $360,000 of HOME Investment Partnership funds for the Bakersfield Senior Center Low-Income Housing Project. (WARD 2) 1. Appropriate $215,000 uncommitted HOME funds to the Economic and Community Development Operating Budget. RECOMMENDATION: Budget and Finance Committee recommends approval. BACKGROUND: At the November 14, 2002 Budget and Finance Committee meeting a request from the Bakersfield Senior Center and Bakersfield Senior Housing, Inc. was considered for additional financial assistance to construct an 80-unit senior housing project at 5~h and R streets. This assistance was needed in order to meet the November 30, 2002 HUD 202 funding deadline. Budget and Finance Committee met on November 14, 2002 and unanimously agreed to recommend approval of an additional $360,000 of HOME Investment Partnership funds for the Bakersfield Senior Center Low-income Housing Project to the City Council. Nearly eighteen months has passed since the Bakersfield Senior Center and Retirement Housing Inc., co- sponsors of an affordable 80-unit senior housing project received their financing award from HUD for a 202 Capital Advance in the amount of $6,670,500. The City's prior financial involvement with the project resulted from a decision to change the project boundaries to enhance the project design and quality of life of the seniors in the new community. To date, $575,000 of HOME funds has been expended acquiring several single family homes and a dilapidated apartment complex to assemble the property required for the new site. In recent weeks, development activity (design and engineering) has been completed and a contractor, S.C. Anderson has been selected to construct the project. The construction estimates have been completed. It was initially determined that the project has a shortfall of funding in the amount of $676,072. A letter was sent to city staff requesting these additional funds from the City. Staff met with the developer, contractor and Bakersfield Senior Center to try to work out a financing plan in which all parties contributed to eliminate the shortfall. S:~Admins\City Council\BSC Agree B & F Comm.doc 11/15/2002 9:36 AM ADMINISTRATIVE REPORT Page 2 The parties have reduced the original gap of $676,072 in several ways; (1) Bakersfield Senior Center and the developer have agreed on a lower price for the land, from $176,000 to $145,000. This lower price was negotiated based on a notification that HUD will only allow the senior's property to be purchased in the current "as-is" condition. This amount is $31,000 lower than the original negotiated price and is the result of a lower appraisal that removes the estimated value of the property that is abandoned by the City's planned 5~h street vacation and the assumed demolition of some structures that are currently on the senior's property. (2) The developer has a 2% contingency in the amount of $106,678 in the budget as required by HUD. Their initial construction estimate requested an additional contingency of $153,439. Since the contractor has received bids for most of the construction costs, the lower contingency amount was agreed to be sufficient. (3) Lastly, further engineering allowances are expected in landscaping and furnishings. You can see that all parties involved with the project have sustained financial cuts in order to make the project financially feasible. Below is a financial summary of how the project sho~alls were taken into consideration: Original Shortfall $ 676,072 Less - Cancelled Contingency - 153,439 Less- Lower appraisal for BSC Land - 31,000 Less - construction value engineering 11,633 Less - RHI Cash Contribution -Construction - 120,000 Net Shortfall remaining $ 360,000 November 30, 2002 is the official deadline given by HUD for the developer to close the escrow on the property required for the project and finalize the 202 advance. If this is not accomplished, HUD has indicated to Retirement Housing Inc., that the 202 funding will be cancelled. Staff has identified two funding sources for the remaining shortfall. Staff recently audited, reconciled and closed out all of our old completed HOME projects resulting in available funds of $215,000. In addition, $145,000 of HOME funds is available from savings in our new construction account. The City's funds will be used for property acquisition, $145,000 and $215,000 for specific site development costs - curbs, gutters and utilities. These funds are not currently earmarked for other Iow income projects and exist as the result of savings generated from a multifamily housing project slated for Union and 4th Street. Using $360,000 of these funds for this project from these two HOME sources will not impact our other commitments. Meeting the financial gap to create affordable housing is challenging. Affordable housing developers look to localities and HUD to meet the gap. Despite the fact that this project received a HUD capital grant for construction costs, the HUD program does not take into consideration local costs and conditions. The 202 project is a Iow income senior project with services. The restrictive rent structure does not allow it to debt service loans. For information purposes, a schedule of recent Iow income projects that received City assistance is also attached to show the amounts received and types of financing these projects obtained in order to show how the City has participated in affordable financing in the past. This agreement is with Bakersfield Senior Housing, Inc. a single asset non-profit housing corporation that is required to be created under the HUD Section 202 guidelines to assume title, construct, and manage the completed senior housing project. If this financial assistance is approved, construction would begin by December 20, 2002 and be completed by December 20, 2003. A draft Agreement is included with this administrative report. The final executed agreement will be available for the November 20, 2002 Council meeting. S:~Admins\City Council\BSC Agree B & F Comm doc 1/15/20029:10 AM