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HomeMy WebLinkAbout12/11/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL MEETING OF DECEMBER 11, 2002 Council Chambers, City Ha111501 Truxtun Ave. Pre-meeting - 5:15 p.m. Regular Meeting - 7:00p.m. SPECIAL MEETING 1. ROLLCALL 2. iNSTALLATION Resolution No. 203-02 declaring the results of the General Municipal Election for the election of Councilmember for Wards 1, 3,4, and 7, held in the City of Bakersfield on November 5, 2002. Staff recommends adoption of the resolution. b. Administration of Oath of Office. CLOSED SESSION a. Conference with Lega Counsel - Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government code section 54956.9. One (1) potentia case. b. Conference with Legal Counsel - Existing Litigation; Closed session pursuant to subdivision (a) of Government Code section 54956.0. The Bakersfield Cafifornian vs. The County of Kern, et al; KCSC Case No. 24268 NFT REGULAR MEETING 1. INVOCATION by Rev. Ishmael Kimbrough, Pastor of The People's Missionary Baptist Church. PLEDGE OF ALLEGIANCE by Angelina Rivera, 5th Grade Student, Juliet Thorner Elementary School. 3. ROLLCALL 4. CLOSED SESSION ACTION (Ward 4) PRESENTATIONS a. Staff presentation of the Kern Transportation Foundation's 2002 Transportation Enhancement Award for the Southwest Bicycle Path for category of Outstanding Program. b. Presentation by the Highway 99 Committee of Appreciation Awards to Mayor Harvey L. Hall and the City of Bakersfield, and the Bakersfield Police Department. 6. PUBLIC STATEMENTS (Ward 1,3,4,7) APPOINTMENTS Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Keith Stoller (Ward 1), Kimberly Ceasar (Ward 3), Kevin Burton (Ward 4), and Cathi Guerrero (Ward 7), terms expired November 2002. Staff recommends Council determination. (Ward 7) (Ward 2,4,7) (Ward 7) One appointment to the Fire Civil Service Board, due to the expiration of term of Max Morris, term expiring December 31, 2002. Staff recommends Council determination. Two (2) appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Robert Russo and Thomas See, terms expiring December 31, 2002. Staff recommends Council determination. One appointment to the Police Civil Service Board, due to the expiration of term of Kenneth Vetter, term expiring December 31, 2002. Staff recommends Council determination. Appointment of Building Director as regular member and Assistant Building Director as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2002 Staff recommends reappointment of the Building Director and the Assistant Building Director. 8. CONSENT CALENDAR Minutes: a. Approval of November 20, 2002 Council Meeting Minutes. Payments: Approval of department payments from November 8,2002 to November 21,2002 in the amount of $8,827,883.72 and self insurance payments from November 8,2002 to November 21, 2002 in the amount of $241,926.53. Ordinances: Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and Zoning Map No. 123-26 changing the zoning from R-1 (One Family Dwelling) to C- 2/PCD (Regional Commercial/Planned Commercial Development) on 8.92 acres located along the southeast corner of Stine Road and Panama Lane. (First Reading 11/20/02) Ordinance amending Bakersfield Municipal Code Sections § 1.12.020, § 1.12.040 and § 1.2.070 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. (First Reading 11/20/02) Resolutions: Resolution of Intention No. 1285 to add territory, Area 3-19 (Wible, McKee NE) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Work's Director's Report. 2 (Ward 2) (Ward 1,2,7) (Ward 4,7) CONSENT CALENDAR continued 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 assessment of 907 E. 21 st St., for which a dangerous building has been demolished and authorize collection of the assessment by the Kern County Tax Collector. 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 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. Revised Job Specification: Automotive Parts Specialist I to Parts and Inventory Specialist. Amendment No. 5 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. Assessment District No. 02-1, (Avalon/Belsera/Montara/The Woods), a Resolution approving Form and Substance of Addendum to Acquistion and Disclosure Agreement and authorizing hanges thereto and execution thereof. Resolution authorizing the creation and maintenance of an electronic zoning map as the official zoning map for the City of Bakersfield. CaIPERS Employer Paid Contributions: 1. Resolution for Employer Paid Member Contributions for All Employees of the Blue and White Collar Units to CalPERS. 3. 4. 5. 6. 7. Resolution for Employer Paid Member Contributions for All Employees of the Miscellaneous Management Unit to CaIPERS. Resolution for Employer Paid Member Contributions for All Employees of the General Supervisory and Police Supervisory (Non-Safety). Resolution for Employer Paid Member Contributions for All Employees of the Police and Fire Management Units to CalPERS. Resolution for Employer Paid Member Contributions for All Employees of the Police and Police Supervisory Safety Units to CalPERS. Resolution for Employer Paid Member Contributions for All Employees of the Fire and Fire Supervisory Safety Units to CalPERS. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Miscellaneous Employees. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Police Safety Employees. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Fire Safety Employees. 3 8. CONSENT CALENDAR continued (Ward 2,4) (Ward 4) (Ward 7) (Ward 5) (Ward 7) Agreements: Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Riverlakes Enterprises, LLC for Tract 6005 Phase 2 located south of Hageman Road and west of Coffee Road Final Map and Improvement Agreements with Stone Creek Partners, inc. for Tract 6125 Unit I located north of Hosking Avenue and west of Akers Road. Final Map with Hampton Place L.P. for Tract 6007 Unit 2 located south of Palm Avenue and west of Allen Road. Assignment of Improvement Agreement No. 01-160 for Parcel Map 10788 from Commerce Drive Partners to Gregory D. Bynum and Associates, Inc., Parcel Map 10788 is located south of Truxtun Avenue at the northeasterly end of Commerce Drive. m. Reimbursement Agreement for Tentative Tract 6023: Reimbursement Agreement with Coleman Homes, Inc. ($225,680.27) for construction of the Olive Drive Golf Cart Crossing. Appropriate $225,681 Riverlakes Planned Drainage Area Fees to the Capital Outlay Fund's Capital Improvement Budget. n. Amend agreements for certified court reporting services: Amendment No. 1 to Agreement No. 99-294 with Sylvia Mendez & Associates for certified court reporting services provided to the City of Bakersfield's City Attorney's Office. Amendment No. 1 to Agreement No. 99-295 with Wood & Randall for certified court reporting services provided to the City of Bakersfield's City Attorney's Office. Amendment No. I to Agreement No. 02-063 with URS Corporation to increase compensation to consultant by $6,000 (for a total contract amount of $625,690) for a traffic signal design. Amendment No. 2 to Agreement No. 96-175 with Gordon Special Services dba J&J Special Services for Administration of the School Crossing Guard Program. q. Improvement Plan Checking Engineering Services: Design Consultant Contract with Cannon & Associates (not to exceed $50,000) for improvement plan checking engineering services. Appropriate $50,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. Carrier Canal Development Agreement with MONY Life Insurance Company to convert open canal to box culvert. Amendment No. 1 to Agreement No. 99-216 with Normal Development to revise Exhibit "A" to include an additional tract to receive the Transportation Impact Fee credit (no change in the not-to-exceed credit amount). (Ward 7) (Ward 1) (Ward 4) (Ward 2) (Ward 7) (Ward 7) CONSENT CALENDAR continued Transportation Impact Fee Agreement with Stuart Thomas Incorporated, a Nevada Corporation DBA Lenox Homes for Tract 6064, located south of Berkshire Road and east of South "H" Street. aa. Memorandum of Understanding between the City of Bakersfield and the Housing Authority of the County of Kern regarding two Trek bicycles for Police patrol in the Lakeview area. Amendment No. 1 Agreement No. CA 02-042 in an amount not to exceed $80,000 with Michael G. Marderosian for outside legal services in the matter of Ochoa v. City of Bakersfield, United States District Court Case No. CV-F-015559 AWl DLB.. Amendment No. 3 to Agreement No. 01-143 with Sturgeon & Son, Inc. to add $68,000 to the annual earthmoving and hauling agreement (for a total citywide annual contract amount of $1,189,500). Amendment to Agreement with Shibumi Comsulting Services: Appropriate $50,000 Solid Waste Fund Balance to the Public Works Department Operating Budget. Amendment #1 to Consultant Agreement PW 02-107, with Shibumi Consulting Services, Inc., to add $50,000 (total compensation for this agreement not to exceed $59,000), and additional scope of work for the implementation of improvements to the City's data collection software. Reimbursement Agreement with Jack and Shidyn Davenport for Widening Rosedale Highway west of Henry Lane, with relocation of an existing retaining wall in an amount not to exceed $3,860 and exchange of properties at 2601 Rosedale Highway. Amendment No. I ($5,000 for a total not to exceed compensation clause of $73,400) to Consultant Agreement No. 02-255 with Niemeyer & Associates, P.C. for inspection and safety training of the Bakersfield Amtrak Track. Agreement with URS Corp. for $145,335.00 for the preparation of a Preliminary Geometric Design and development of a Specific Plan Line to the future interchange at Hosking Road and State Route 99; and for the preparation of a Project Study Report (PSR) for the widening of the existing interchange at Olive Drive and State Route 99. Bids: bb. CC. ee. Planz Park Playground Rehabilitation Project: Award contract to Brown Fowler Construction in the amount of $147,157.00, for Planz Park Playground Rehabilitation Project.. Appropriate $36,336 uncommitted CDBG Funds to the Recreation and Parks Department, Capital Improvement Budget withing the Community Development Block Grant Fund. Accept bid from GTSI Corporation, $429,166.24, for 103 Panasonic Toughbooks for the Police Mobile Data Computer System. Accept bid to award annual contract to San Joaquin Fence & Supply, not to exceed the budgeted amount of $250,000, to furnish and install fencing around various City properties and canals. Accept bid from Bearcat Manufacturing, Inc., $31,607.33, for one (1) additional crack sealing machine for Street Maintenance Division. (Ward 4) (Ward 5) (Ward 4) (Ward 3) (Ward 2) CONSENT CALENDAR continued ff. Accept bid from Jim Burke Ford, $28,207.47, for one (1) replacement cab and chassis for the Fire Department Patrel vehicle. gg. 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. hh. Reject bid for Pin Oak Park Water Playground. Miscellaneous: ii. Pacific Gas & Electric's request for an easement to locate a guy wire anchor on City owned real property located at the northeast corner of Calloway Drive and Olive Drive. jj. General Plan Amendment 02-0623, 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 northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. Staff recommends continuing this matter to January 15, 2003. kk. Revised Job Specifications 1. Traffic Painter II 2. Traffic Painter III II. Miscellaneous Appropriations/Transfers: 1. Appropriate $8,360 Amtrak Railway Fund Balance to the Capital Improvement Budget. mm. Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund to partially cover a deficit at June 30, 2002. nh. Historic Preservation Commission 2001/2002 Fiscal Year Annual Report. Staff recommends adoption of Consent Calendar, items a. through pp. HEARINGS a. Continued hearing to consider a resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (1.95% proposed fee increase). Staff comments by Public Works Director Rojas. Budget and Finance Committee recommends adoption. (Ward 2) 10. 11. 12. HEARINGS continued Resolution upholding the appeal and modifying the decision of the Planning Commission approving vesting Tentative Tract Map No. 6140 and the Development Plan for PUD Zone Change No. 02-0291 on cedain property located on the south side of Highway 58, and the east side of South Oswell Street. Staff comments by Development Services Director Hardisty. Staff recommends adoption of the resolution upholding the appeal and modifying the decision of the Planning Commission. Final Environmental Impact Report, General Plan Amendment P01-0973 (Metropolitan Bakersfield General Plan Update). Resolution certifying the Final Environmental Impact Report for the Metropolitan Bakersfield General Plan Update. Resolution adopting the amendment to the Metropolitan Bakersfield General Plan text and maps. Staff comments by Planning Director Grady. Staff recommends adoption of the Resolution to the Metropolitan Bakersfield General Plan text and maps. Ordinance amending Title 17, concerning regulations for the development and construction of multiple family housing projects such as apartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts. Staff comments by Development Services Director Hardisty.. Staff recommends first reading of the ordinance. REPORTS Community Services Committee Report No. 5-02 regarding a City Contribution of CDBG Funds in an amount not to exceed $5000 to Bakersfield African American Cultural Association for a Community Celebration in Southeast Bakersfield. The Community Services Committe recommends approval Budget and Finance Committee Report No. 3-02 regarding the proposed increase in Kern County Solid Waste Management Program fees. City manager Report No. 5-02 on the Bike Path Widening and Improvements near Truxtun Avenue from 450' east of Quailridge Drive to approximately 2500' further east. Staff comments by Public Works Director Rojas. DEFERRED BUSINESS None. NEW BUSINESS a. Election of Vice-Mayor. 13. COUNCIL STATEMENTS 14. ADJOURNMENT krt December 5, 2002 Respej;tfulty submitted, Alan Tandy City Manager B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: December 6, 2002 HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSO~SISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - DECEMBER 11, 2002 COUNCIL MEETING SPECIAL MEETING Following Roll Call, the Council will be asked to adopt a resolution declaring the results of the General Municipal Election for the election of Councilmember for Wards 1, 3, 4, and 7 held November 5, 2002. The administration of Oath of Office will be performed by Pamela McCarthy, City Clerk. This ceremony is open to all City staff as well as the public. Refreshments will be available. After the ceremony, Council will have time to visit with friends and relatives before the Closed Session begins at 6:15. There are two closed session items. The first is a conference with legal counsel regarding potential litigation, and the second is a conference with legal counsel regarding existing litigation. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Appointments: The following appointments are scheduled: 1) four appointments to the Keep Bakersfield Beautiful Committee; 2) one appointment to the Fire Civil Service Board; 3) two appointments to the Miscellaneous Civil Service Board; 4) one appointment to the Police Civil Service Board; and 5) appointment of the Building Director as a regular member and Assistant Building Director as the alternate member to the Board of Zoning Appeals. Ordinances: Item 8c. Ordinance amendinq the Municipal Code and Zoninq Map chanqinq the zoninq from R-1 (One Family Dwellina) to C-2/PCD (Reaional Commercial/Planned Commercial Development) on 8.92 acres located alonq the southeast corner of Stine Road and Panama. The City Council conducted the first reading of the ordinance on November 20, 2002. No further information has been received. HONORABLE MAYOR AND CITY COUNCIL DECEMBER 6, 2002 PAGE 2 Resolutions: Item 8i. Resolution authorizinq the creation and maintenance of an electronic zoninq map as the official zoninq map for the City. On March 6, 2002, Council adopted a Resolution authorizing citywide document imaging on Lasediche. The proposed Resolution allows the Planning Division of the Development Services Department to create and maintain an electronic zone map. This electronic map will be placed on the City computer and made available to the public through the internet. An offsite version will be burned to a compact disc and stored in conformance with existing City policy. Item 8k. Resolutions for CalPERS Employer Paid Contributions. CaIPERS requires agencies that pay member contributions for employees to pass a resolution indicating the conditions under which the member's contributions are paid. Resolutions presented for Council approval include all employee units. These are based on Council-approved Memorandums of Understanding with each of the units and the revised California Code which requires that employers contribute after five years of service instead of the previous policy of contributing after six years of service. The changes included in these resolutions are required by CalPERS to conform to State law. During the last negotiations with all of the employee units, it was agreed that effective January 2003, the amount of monies paid by the City on behalf of employee contributions for CalPERS would be reported as additional compensation for retirement calculation purposes. The last three resolutions submitted for approval are necessary to comply with the Government Code, which will allow the City to meet the obligations Council agreed to in the employee Memorandums of Understanding and salary resolutions. Aqreements: Item 8m. Reimbursement Aqreement in the amount of $225,680.27. Resolution No. 89-91 established the Riverlakes Planned Drainage Area (PDA) to ensure sufficient funds were collected to construct a drainage area which would benefit development within the PDA. As part of the conditions of approval for the Riverlakes Golf Course, the developer (the Links) ~vas responsible for several PDA improvements and a golf cart crossing under the proposed Olive Drive. The golf cart crossing was built by Coleman Homes during the construction of Olive Drive. As the City is required to reimburse the Links for several of the PDA improvements and the Links is responsible for the cost of the goff cart crossing, the CITY will reimburse Coleman Homes directly for costs they incurred in constructing the golf cart crossing. Funding for this reimbursement will come from already collected PDA fees. Item 80. Amendment No. 1 to Aareement No. 02-063 with URS Corporation to increase compensation to consultant by $6,000 for a traffic siqnal desiqn. The City entered into an agreement on March 6, 2002 with URS Corporation to prepare plans, specifications and estimate for modifications to the interchange of State Route 99 at White Lane. Due to the City's desire for additional engineering services associated with the project development, this amendment will allow the Consultant to prepare plans, specifications and estimates for a traffic signal at the White Lane/NB Exit Ramp Intersection. Sufficient funds are available within the project's budget, so no additional appropriation is necessary. Item 8p. Amendment No. 2 to Aqreement No. 96-175 with Gordon Special Services dba J&J Special Services for Administration of the School Crossinq Guard Proqram. The original agreement terminated on June 30, 2002. The amendment is necessary to continue service through the end of the 2002/03 school year. The City intends to bid the Crossing Guard services to cover the 2003/04 school year. Item 8q. Desiqn Consultant Contract with Cannon & Associates for improvement plan checkinq enqineerinq services in an amount not to exceed $50,000. The Subdivision Section of the Public Works Department currently has a four-week back Icg in improvement plan check. The goal is to review plans within two weeks of submittal. In order to maintain an acceptable service level for the development HONORABLE MAYOR AND CITY COUNCIL DECEMBER 6, 2002 PAGE 3 community, staff recommends hiring an outside consultant firm to provide plan checking services during peak times. Revenue higher than originally estimated will be realized in the current fiscal year because of the increased activity. To fund the contract, staff recommends appropriation of $50,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget Item 8r. Carrier Canal Development Aqreement with MONY Life Insurance Company to convert open canal to box culvert. This agreement will allow MONY Life Insurance Company to convert a portion of the City-owned and operated Carrier Canal into a concrete box culvert behind the former Discovery Plaza office building east of Mohawk Drive. Covering the ditch will allow parking expansion over the top of the box culvert. MONY is willing to purchase the fee ownership portion of the canal and return an easement to the City for the covered canal. MONY will pay fair market value for this portion of the canal at its appraised price, less the sum of the construction cost. MONY will be solely responsible for all aspects of the installation of the culvert and parking area, including financing, engineering, construction, inspection, coordination, permits, approvals and licenses. Item 8s. Amendment No. I to Aqreement No. 99-216 with Normal Development to revise Exhibit "A" to include an additional tract to receive the Transportation Impact Fee credit. Agreement No. 99-216 provided for a maximum transportation impact fee credit of $215,000 in exchange for the developer constructing two lanes on Hosking Road between Akers Road and Wible Road. Exhibit "A" of the original agreement listed specific tracts which were to receive the credit. Those tracts are now fully developed and a remaining credit of approximately $86,000 remains. The developer has requested that the remaining credit be applied to Tract 6125-Phase 1 (53 lots). Item 8t. Transeortation Impact Fee Aqreement with Stuart Thomas Incorporated, a Nevada Corporation dba Lenox Homes for Tract 6064, located south of Berkshire Road and east of South "H" Street. Lennox Homes will construct required improvements for the widening of the canal box culvert at Berkshire Road and the Kern Island Canal, and the east side of South "H" Street along the frontage of their Tract. The City will credit Lenox Homes for their portion of regional transportation impact fees in the Tract, to the actual amount of the design and construction cost of the improvements, in an amount not to exceed $324,425. Item 8u. Memorandum of Understandinq between the City of Bakersfield and the Housinq Authority of the County of Kern reqardinq two Trek bicycles for Police patrol in the Lakeview area. HACK has offered the use of two new Trek bicycles to assist the Police Department in its patrol duties of the east area of the new Lakeview satellite office. Should the bicycles be destroyed or stolen, the City will have to repay HACK at a prorated rate. The City is responsible for ail maintenance. Item 8v. Amendment No. I to Aqreement No. CA 02-042 with Michael G. Marderosian for outside leqal services in the amount not to exceed $80,000. The matter of Ochoa v City of Bakersfield has proven to be more complex than originally estimated, and a staff resignation has created a workload problem. The City Attorney recommends the agreement in order to complete the needed work to prepare for trial. Item 8w. Amendment No. 3 to Aqreement No. 01-143 with Sturqeon & Son, Inc. to add $68,000 to the annual earthmovinq and haulinq aqreement. The Annual contract of earthwork and hauling includes work for various departments. The Solid Waste Division portion of this contract has been exhausted. The additional amount is required to complete work at the Mt. Vernon Greenwaste Facility. Approximately 30 percent of the expenditure will be recovered through the City/county cost sharing agreement with Kern County. Item 8x. Amendment to Consultant Aqreement with Shibumi Consultinq Services Inc. in the amount of $50,000. Per Agreement No. PW 02-107, the consultant performed a review of the City's utility billing system to determine whether various functions historically performed by an assortment of HONORABLE MAYOR AND CITY COUNCIL DECEMBER 6, 2002 PAGE 4 other software programs could be consolidated into the City's main utility program. The consultant reported that this is feasible, based on experience in other cities which use the same software. The original department contract of $9,000 was for the system review only. This $50,000 amendment is for the actual system modification as recommended in the consultant's report. Item 8z. Amendment No. 1 to Consultant Aqreement No. 02-255 with Niemeyer & Associates, P.C. for inspection and safety traininq of the Bakersfield Amtrak Track in the amount of $5,000. The Scope of Work in the original agreement did not include preparation of a rail safety training program and training of City staff to meet FRA guidelines. Now that the City has determined this safety training is required, this amendment is needed. Item 8aa. Aqreement with URS Corp. for $145,335.00 for the preparation of a Preliminary Geometric Desiqn and Development of a Specific Plan Line to the future interchanqe at Hoskinq Road and State Route 99; and for the preparation of a Proiect Study Report (PSR) for the wideninq of the existinq interchanqe at Olive Drive and State Route 99. Funds were budgeted in the current year's CIP to begin work on developing a plan for a future interchange at Hosking Road and State Route 99. Staff cannot prepare a Project Study Report (PSR) at this time as it is considered to be too far in advance of the project. Staff is now recommending only preliminary geometric engineering be performed at this location so that a specific plan line for the interchange can be developed. The PSR can follow when development and higher traffic volumes indicate a need for the improvements. URS Corporation has just completed the PSR for the Hageman Flyover, and as such, has much familiarity with the traffic problems and issues in the area. They have already completed traffic modeling data for the Hageman PSR which could be used for the Olive Drive PSR. Therefore, staff is recommending that URS Corporation by retained to perform this work. One-Hundred Fifty Thousand Dollars ($150,000) was budgeted in the current fiscal year for the Hosking PSR, and staff is recommending that these funds be used for both the Hosking preliminary engineering work as well as the Olive Drive PSR. Bids: Item 8bb. Award contract to Brown and Fowler Construction Company for the Planz Park Playqround Rehabilitation Proiect in the amount of $147,157. Four acceptable bids were received. Staff recommends award to Brown and Fowler Construction. Staff also recommends appropriation of $36,336 uncommitted CDBG Funds to the Recreation and Parks, Capital Improvement Budget. Item 8cc. Award contract to GTSI Corporation for 103 Panasonic Touqhbooks for the Police Mobile Data Computer System in the amount of $429,166.24. Six acceptable bids were received. Staff recommends award to GTSI Corporation. Item 8ee. Award contract to Bearcat Manufacturinq, Inc. for one (1) additional crack sealinq machine for Street Maintenance Division in the amount of $31,607.33. One acceptable bid was received. Staff recommends award to Bearcat Manufacturing, Inc. Item 8ff. Award contract to Jim Burke Ford for one (1) replacement cab and chassis for the Fire, Department Patrol vehicle in the amount of $28,207.47. Two acceptable bids were received. Staff recommends award to Jim Burke Ford. Item 8qq. Various Street Improvements - Haqeman Road, Calloway Drive and Old Farm Road. 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. The City received written consent from the Church officials authorizing the Iow bidder, E & M Constructors Co., to construct their HONORABLE MAYOR AND CITY COUNCIL DECEMBER 6, 2002 PAGE 5 portion of the project. 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. Four acceptable bids were received. Staff recommends award to E & M Constructors Co. Item 8hh. Reject bid for Pin Oak Park Water Playqround. The project includes the installation of an interactive water playground at Pin Oak Park. Three bids were received that were significantly higher than the Engineer's estimate, so the project will be re-evaluated. Miscellaneous Item 8ii. General Plan Amendment reqardinq a seqment of Masterson Street between Lake Minq Road and Bella Drive in Northeast Bakersfield. This case was continued from the meeting of November 20, 2002 in order that the applicant and staff meet. They have met, but there are additional design and financial details which must be worked out. Staff is recommending this matter be continued to the January 15, 2003 meeting in order to try and resolve the outstanding issues. Item 8mm. Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund tn partially cover a deficit at June 30, 2002. The self insurance $7,055,000 ($5,195,000 Workers Compensation, $1,860,000 General Liability) estimated claims payable at June 30, 2002 exceed the assets in the Self-Insurance Fund by $3,468,944. Staff recommends funding this deficit with $2 million General Fund available balance immediately and the remainder over two years through interfund charges as was discussed in the Council workshop of November 20th. HEARINGS Item 9a. Continued hearinq to consider a resolution approvinq and adoptinq an adiusted fee for thn development and improvement of parks. The hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks was on the July 31, 2002 Council agenda, when it was referred to the Budget and Finance Committee for review. This issue went before the Budget and Finance Committee at its October 10, 2002, meeting. At this Budget and Finance Committee meeting, staff was instructed to meet with the Building industry Association (BIA) to address outstanding issues the BIA had with staff's odginal recommended 2.8% increase in the Park Development Fee. On October 14, 2002, City staff met with Brian Todd, Executive Vice President of the BIA. Mr. Todd indicated that the BIA believes the Park Development Fee should be adjusted by a credit for new development's share of the several bond grants received by the City. It is important to note that staff does not share the BIA's view on this issue. The BIA indicated that this issue could be tabled until a future date if the Park Development Fee was increased by no more than 1.95%, which is based on the Construction Cost Index instead of the previous calculation (2.8%) by staff based on the Consumer Price Index. Staff agreed with this change in the fee calculation. The Budget and Finance Committee voted to recommend Council approval of the proposed 1.95% ($12) increase. Item 9b. Resolution upholdinq the appeal and modifyinq the decision of the Planninq Commission reaardino oroperty located on the south side of Hiqhway 58, and the east side of South Oswell Street. This item is an appeal of conditions required of the developer by the Planning Commission in their approval of the Vesting Tentative Map and PUD zone change on October 17, 2002. The first condition relates to maintenance of a drainage basin. Typically, this condition would apply; however, due to the amount of public roadway and the addition of commercial area to the "service area" of this sump, as well as a design requirement to meet City standards, the City is willing to maintain the sump for Tract 6140. HONORABLE MAYOR AND CITY COUNCIL DECEMBER 6, 2002 PAGE 6 The second condition relates to a desire by the Planning Commission to provide additional disclosure information about adjacent commercial, industrial, and waste water treatment plant land uses in the CC&R's. The applicant points out that state law within the Department of Real Estate Public Report provides for disclosure of land uses, it is not typically done through CC&R's. Disclosure conditions have been used to inform the potential residents of a potential credible health risk or hazard. The only one mentioned by the Commission that comes close to meeting those criteria is the location of the waste water treatment plant. However, correspondence from the Health Department does not identify any significant potential health risks. In this case, there is not any evidence from the public or otherwise, supporting the requirement for a disclosure notice. Therefore, staff agrees with the appellant's position and recommends upholding the applicant's appeal, that the first condition be modified as recommended by staff and the condition requiring disclosure be deleted. Item 9c. Final Environmental Impact Report, General Plan Amendment. As localities and their resources are ever changing, it is periodically necessary to update and revise the General Plan. The State recommends that the entire plan be thoroughly reviewed and revised periodically to reflect new conditions, local attitudes, and political realities. The update is intended to make those changes necessary to more accurately reflect existing goals, policies, and implementation measures. The text revisions are intended to give an updated version of the existing development environment. In the 12 years since plan adoption, there have been many changes in local ordinances, growth patterns, and the County land use map. It was jointly decided by both City and County jurisdictions to go back through the text and update it to reflect the many changes which have occurred over the years. This effort will help the general public and the development community by accurately depicting the local development environment. The text will be renamed the Metropolitan Bakersfield General Plan, the planning period is extended through 2020. On October 28, 2002, the update was unanimously approved at a joint meeting of the Planning Commission for both the City of Bakersfield and County of Kern. All comments of that meeting may be reviewed in the minutes attached to the Administrative Report. On December 3rd, the Kern County Board of Supervisors conducted their public hearing and unanimously approved the Final Environmental Impact Report and General Plan Amendment as presented in this item. Item 9d. Ordinance conceminq requlations for the development and construction of multiple family housinq proiects such as aoartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple Familv Residential) zone districts. This proposed ordinance is in response to a referral by Councilmember Couch regarding issues concerning fourplex projects in the Riverlakes Ranch Specific Plan Area. It is intended to address the quality of multifamily projects, particularly triplexes and fourplexes on individual lots. It was reviewed by the Planning Commission, who conducted public hearings on the ordinance. No testimony was offered either for or against the proposed ordinance at these hearings. The ordinance addresses new issues as well as problems which staff has had with the implementation of provisions of the existing ordinance which was modified in 1998. New issues concern guest parking, tenant parking, and design of drive isles. Provisions of the old ordinance concern open space around buildings, landscaping, on-site amenities and treatment of street-fronting end units and street-fronting side units. Staff is recommending several changes in the ordinance to address these issues and the concerns expressed by Councilmember Couch in a positive manner. The specific changes proposed are included within the administrative report. Staff is recommending first reading of the ordinance. HONORABLE MAYOR AND CITY COUNCIL DECEMBER 6, 2002 PAGE 7 REPORTS Item 10a. Community Services Committee Report No. 5-02 reqardinq a City Contribution of CDB(; Funds in an amount not to exceed $5 000 to Bakersfield Afr can American Cultural Association (BAACA) for a Communty Celebration in the Southeast. On December 4, 2002, the Community Services Committee approved a request by Councilmember, Irma Carson to contribute an amount not to exceed $5,000 for sponsorship of a community celebration for renaming Lakeview Avenue to Martin Luther King, Jr. Boulevard, and the grand opening of the Lakeview Avenue Streetscape Project. BAACA proposes the funds be used for advertising and promotions; rental of a public address system, stage and tents; and contracting for bands and professional entertainment. Funds for the contribution to BAACA will come from completed CDBG funded projects that have leftover amounts. Because the funds have already been appropriated, there is no budget impact. Item 10b. Budqet and Finance Committee Report No. 3-02 reqardinq the proposed increase in Kern County Solid Waste Manaqement Proqram Fees. The Budget and Finance Committee met with County staff on December 2, 2002 to review the proposed increases and changes to Kern County Solid Waste Management Program fees. There is a public hearing scheduled before the Board of Supervisors on December 10th which is also the proposed date for the County to implement these fees. The County staff's rate proposal would increase solid waste fees by $1.6 million for City residents and businesses. The Budget and Finance Committee has several concerns regarding the proposed fee increase and changes. Due to the critical nature of this issue, the letter was immediately sent to the Board of Supervisors to provide comment by the City on the proposed rates. The Committee requested that the implementation of the proposed fee increase and changes be delayed by the Board of Supervisors until the issues presented in the City's letter can be fully reviewed and addressed. We have also received support from the Kern County Association of Cities requesting the County defer action on this matter. Item 10c. City Manaaer Report No. 5-02 on the Bike Path Wideninq and Improvements near Truxtu. Avenue from 450' east of Quailridqe Drive to approximately 2500' further east. The ClP for FY 2001- 2002 has funds budgeted for bike path widening and improvements from East Don Hart Drive at California State University Bakersfield (CSUB) to Manor Street. The design of this portion, approximately 2500' in length on the north side of Truxtun Avenue, will involve aesthetic and safety issues. Under the directions of staff the design consultant, Mclntosh and Associates, has prepared five design alternatives. Public Works staff will present an overview of the entire bike path widening project and explain the details of each of the five design alternates. NEW BUSINESS Item 12a. Election of Vice Mayor. In accordance with City Charter, the Council will elect one of its members Vice Mayor at the first meeting the new Council takes office. The newly elected Vice Mayor will make appointments, with confirmation by the Council, to all committees at the next Council meeting. AT:JWS:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: INSTALLATION ITEM: 2.a. TO: Honorable Mayor and City Council FROM: Pamela A. McCarthy, City Clerk~l~'~ DEPARTMENT HEAD DATE: November 27, 2002 CITY ATTORNEY ~--~ CITY MANAGER SUBJECT: APPROVED Resolution No. 203-02 declaring the results of the General Municipal Election for the election of Councilmember for Wards 1, 3, 4, and 7, held in the City of Bakersfield on November 5, 2002. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution is required to accept the results of the General Municipal Election of November 5, 2002 as certified by the Kern County Clerk, declaring the following persons elected to the Office of Councilmember for a full four-year term, commencing December 11, 2002 and shall serve until their successors are elected and have qualified in 2006. Ward 1: Ward 3: Ward 4: Ward 7: Irma Carson Mike Maggard David R. Couch Mark C. Salvaggio rg November 27, 2002, 3:09PM S:tELECTION~,dmins\Declaring results 2002,dot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 22, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATrORNEY CITY MANAGER (~_~ 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 22, 2002, 11:25AM ADMINISTRATIVE REPORT IMEETING DATE: December 11, 2002 AGENDA SECTION: Closed Session ITEM: 3.b. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney December 5, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. The Bakersfield Californian vs. The County of Kern, et al KCSC Case No. 247268 NFT RECOMMENDATION: BACKGROUND: BJT:dll December 5, 2002, 10:06AM ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 7, 2002 APPROVED DEPARTMENT HEAD CITY A'I-rORNEY /~'~ C TY MAN^GER Staff presentation of the Kern Transportation Foundation's 2002 Transportation Enhancement Award for the Southwest Bicycle Path for category of Outstanding Program (Ward 4) RECOMMENDATION: Staff recommends acceptance of the Award by Mayor Hall on behalf of the City of Bakersfield. BACKGROUND: On November 1, 2002 at the Forum 2002 Transportation Futures meeting, Public Works staff accepted the Kern Transportation Foundation's 2002 Transportation Enhancement Award in the category of Outstanding Program. This award recognizes the new 8.9 mile, 2 lane bicycle path which is adjacent to the Kern River from Enos Lane to Stockdale Highway/Buena Vista Road. This project was started March 2002 and completed September 2002. As the award was issued to the City of Bakersfield, staff will be presenting it to the Mayor and City Council. ac Public Works, Engineering Division, Design Section November 14, 2002, 2:17PM G:~GROUPDAT~ADMINRPT~2.002\Dec 11\Southwest Bike Path.doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Presentations ITEM: 5o b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall November 25, 2002 DEPARTMENT H EAD~.~:~ CITY ATTORNEY CITY MANAGER Presentation by the Highway 99 Committee of Appreciation Awards to Mayor Harvey L. Hall and the City of Bakersfield, and the Bakersfield Police Department. RECOMMENDATION: BACKGROUND: ndw November 25, 2002, 10:37AM S:\MAYOR~ADMIN\HIGHWAY 99 COMMl~q-EE.dot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City December 5, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ,~ CITY MANAGER ~f~ Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Keith Stoller (Ward 1), Kimberly Ceasar (Ward 3), Kevin Burton (Ward 4), and Cathi Guerrero (Ward 7), terms expired November 2002. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Four appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Keith Stoller, Ward 1; Kimberly Ceasar, Ward 3; Kevin Burton, Ward 4; and Cathi Guerrero, Ward 7, whose terms expired November, 2002. The news release for this recruitment was posted on November 1, 2002. Cathi Guerrero and Kimberly Ceasar have submitted Declarations indicating they do not wish to be reappointed to the Committee. Applications for appointment have been received from the following: · Kevin Lee Burton · Sandra A. Garrigan · Keith Stoiler Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of seven Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or her nominating Councilmember, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. rg S:~Bds&Comm\KBBC\admin 2002.dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Appointments ITEM: 7.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cler~ December 5, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED One appointment to the Fire Civil Service Board, due to the expiration of term of Max Morris, term expiring December 31, 2002. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Fire Civil Service Board due to the expiration of term of Max Morris, whose term expires December 31, 2002. The news release for this recruitment was posted on November 1, 2002. Applications for appointment have been received from the following: · Robert Thomas Heflin · Max Morris The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Human Resources Testing Room, 1501 Truxtun Avenue, Bakersfield. December 5, 2002, 11:01AM S:\Bds&Comm\FIRE~admin morris 2002.dot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Appointments ITEM: 7.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cterk ~ December 5, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Two (2) appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Robert Russo and Thomas See, terms expiring December 31, 2002. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Two appointment to the Miscellaneous Civil Service Board due to the expiration of terms of Robert Russo and Thomas See, whose terms expires December 31, 2002. The news release for this recruitment was posted on November 1, 2002. Applications for appointment have been received from the following: · Aaron Duane Lewis · Richard Robert Russell · Robert Russo · Thomas See The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three- year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue, Bakersfield. rg S:\Bds&Comm\MISCCS\admin 2002.dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Appointments ITEM: 7.d. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerk~¢'j'~-' DEPARTMENT HEAD DATE: November 21,2002 CITY ATrORNEY CITY MANAGER SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of term of Kenneth Vetter, term expiring December 31, 2002. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Police Civil Service Board due to the expiration of term of Kenneth Vetter, whose term expires December 31, 2002. The news release for this recruitment was posted on November 1, 20O2. Applications have been received from the following individuals: · Aaron Duane Lewis · Tom Teagarden · Kenneth Vetter The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601 Truxtun Avenue, Bakersfield. rg November 26, 2002, 5:02PM S:\Bds&Com m\POLICE~adm in 2002.dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Appointments ITEM: 7.e. TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Cler~-'~'~'' November 27, 2002 APPROVED DEPARTMENT HEAD CITY A'I-rORN EY CITY MANAGER SUBJECT: Appointment of Building Director as regular member and Assistant Building Director as the alternate member to the Board of Zoning Adjustment, terms expiring December 1,2002. RECOMMENDATION: Staff recommends reappointment of the Building Director and the Assistant Building Director. BACKGROUND: There are currently two appointments to the Board of Zoning Adjustment due to the expiration of terms of the Building Director, Regular Member, and Assistant Building Director, Alternate Member. Both terms expire December 1, 2002. The Board of Zoning Adjustment is an advisory body to the City Council, composed of three (3) staff members and appointed by the full Council. The Board administers zoning ordinances, modifications to zoning standards and conducts hearings rendering decisions on applications for conditional use permits and modifications subject to the provisions of the zoning ordinance regulating the granting of the permits. Meetings are held the second Tuesday of each month at 3:00 p.m., in the Council Chambers. rg November 26, 2002, 4:38PM S:\Bds&Com m\MISC~BZA 2002.dot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk{') ~ November 27, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Minutes of the Council meeting of November 20, 2002 for approval. APPROVED RECOMMENDATION: Staffrecommendsapproval. BACKGROUND: (Typist's Initials lower case) November 27, 2002, 3:38PM T:\Clerk~genda~ADMINFORMdot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 21, 2002 APPROVED DEPARTMENTHEAD,,4,/~O~w.~(~"t~-- CITY ATTORNEY ///'~--~' CITY MANAGER ~ Approval of depadment payments from November 8, 2002 to November 21, 2002 in the amount of $8,827,883.72 and self insurance payments from November 8, 2002 to November 21, 2002 in the amount of $241,926.53. RECOMMENDATION: Staff recommends approval of payments totaling $9,069,810.25. BACKGROUND: kl§ November 21, 2002, 2:41PM S:\KimO\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 21,2002 APPR.I~VED DEPARTMENT HE~,~''/'. (---~ /, // CITY ATTORNEY/./ Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and Zoning Map No. 123-26 changing the zoning from R~I (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8.92 acres located along the southeast corner of Stine Road and Panama Lane. (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on November 20, 2002. The Planning Commission conducted public hearings on September 16, 19, 30 and October 3, 2002 on this General Plan Amendment/Zone Change and 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. RED:pjt (Admin\dec\12-11-0756) ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 18, 2002 OVEO DEPARTMENT HEA(B CITY ATTORNE'~/ 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 adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on November 20, 2002. 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\dec\12-11-427 ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 20, 2002 APPROVED DEPARTMENT HEAD ~/~ CITY ATTORNEY /~ CITY MANAGER ~ Resolution of Intention No. 1285 to add territory, Area 3-19 (Wible, McKee NE) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6124, be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 3-19 (Wible, McKee NE), to the Consolidated Maintenance District. Area 3-19 is generally bounded by a line 1/4 mile north of McKee Road on the north, a line 1/4 mile east of Wible Road on the east, McKee Road on the south, and Wible Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ivd November 22, 2002, 9:56AM G:\GROUPDAT%ADMINRPT~2002\Dec 11\MD3-19Ri02 dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent ITEM: 8.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building November 25, 2002 APPROVED DEPARTMENT H~/~~ CITY ATTORNE~/ CITY MANAGER 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 assessment of 907 E. 21st Street in the City of Bakersfield for which a dangerous building has been demolished and authorize collection of the assessment by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on December 9, 2002, by the City Manager or his designee and all proposed charges were confirmed. The subject property listed below was determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owner was notified and failed to comply with the Notice of Summary Abatement. The subject property is listed as follows: PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 1. 907 E. 21st Street 017-130-02 $ 3,175 The owner of the above-mentioned property 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 nuisance listed above was demolished 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 City Manager or his designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager or his designee of the costs incurred by the City for work performed to demolish the subject nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. DEC11 HRG ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent ITEM 8.g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building November 25, 2002 ~APP. R'0VED DEPARTMENT HEAI~.~ CITY ATTORNE"~' CITY MANAGER 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 & 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on December 9, 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 maintaining 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 Building 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. 228 Augusta Street 018-200-04 $ 370.00 2. 333 Augusta Street 018-220-31 $ 395.00 3. 317 S. Bliss Street 169-103-06 $ 965.00 4. 209 Clifton Street 018-410-16 $ 240.00 5. 215 Clifton Street 018-410-17 $ 240.00 6. 227 Clifton Street 018-410-20 $ 240.00 7. 100 Clyde Street 018-340-12 $ 395.00 8. 220 Clyde Street 018-350-04 $ 395.00 9. South of 220 Clyde Street 018-350-05 $ 395.00 10. 301 Clyde Street 018-370-12 $ 244.00 11. 505 S. HaleyStreet 019-102-10 $ 244.00 12. 607 S. Haley Street 019-102-16 $ 534.00 November 26, 2002, 8:34AM ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST 13. 608 S. Haley Street 019-101-02 $ 219.00 14. 3604 Meeks Avenue 172-134-16 $ 395.00 15. 129 Northrup Street 018-320-19 $ 395.00 16. North of 219 Northrup Street 018-310-16 $ 395.00 17. 312 Northrup Street 018-290-09 $ 395.00 18. 216 S. Owens Street 018-230-08 $ 244,00 19, 218 S. Owens Street 018-230-07 $ 269.00 20. 223 S. Owens Street 018-280-21 $ 370,00 21. 418 Villa Street 139-270-19 $ 639.00 22. 1234 Virginia Avenue 018-112-13 $ 244.00 Ward 2/Councilmember Benham 23. 432 Niles Street 012-150-24 $ 320.00 24. 324 Pacific Street 012-180-06 $ 570.00 25. 531 Quincy Street 013-210-07 $ 439.00 Ward 7/Councilmember Salvaqqio 26. 1016 Parnell Court 516-201-29 $ 240.00 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. DEC1181 HRG November 26, 2002, 8:34AM P:\decl 1 bi doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.h. TO: Honorable Mayor and City Council r,t~/ APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: November 7, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: 1. Revised Job Specification: Automotive Pads Specialist I to Pads and Inventory Specialist. 2. Amendment No. 5 to Resolution No. 046-02 Approving Memorandum of Understanding for employees of the Blue and While Collar Units and adopting salary schedule and related benefits. RECOMMENDATION: Staff recommends adoption of the resolution, approval of the revised job specification and title change. BACKGROUND: The Fire Department has requested that the Automated Pads Specialist I classification currently used in the Public Works Department be adopted for use in the Fire Department. The specification has been updated to reflect current terminology, assignments and minimum cualifications. The title is also being changed to Pads and Inventory Specialist. SUMMARY: The job specification was approved by the Fire Civil Service Board at their meeting on November 18, 2002 and by the Miscellaneous Civil Service Board at their meeting on November 19, 2002. There is no budgetary impact because the salary will remain the same. C.C.A.P.E. concurs with the proposed recommendation. Staff recommends approval of the revised job specification and title change. Staff recommends that the title change become effective immediately following Council action. (ag) November 7, 2002, 10:22AM S:~ADMINRPT~Parts & Inventory Specialist.dot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas - Public Works Department November 19, 2002 APPROVED DEPARTMENT HEAD /~])~-~ CITY ATTORNEY CITY MANAGER ~ SUBJECT: Assessment District No. 02-1, (Avalon / Belsera / Montara / The Woods). Resolution Approving Form and Substance of Addendum to Acquisition and Disclosure Agreement and Authorizing Changes Thereto and Execution Thereof. {Ward 4 & 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Resolution 129-02, adopted by the City Council on July 31, 2002, approved an Acquisition and Disclosure agreement between the City of Bakersfield and Bakersfield Avalon, LLC. Both parties wish to amend said agreement to provide that a prescribed portion of the moneys which become payable to Bakersfield Avalon, LLC will be withheld until Bakersfield Avalon has exercised its option to purchase a significant parcel of land pertaining to their project. If Bakersfield Avalon does not exercise its option, the City shall utilize the withheld funds to prepay the assessment on the parcel. G/GROUPDAT~ADMINRPT~2002\Dec 1 l\resacqamend02-1 dot Jas: las ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar TEM: 8.,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 22, 2002 APPROVED DEPARTMENT HEAD ~ ClTY A'I-FORNEY CI'f~MANAGER~F~r-~ Resolution authorizing the creation and maintenance of an electronic zoning map as the official zoning map for the City of Bakersfield RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 6, 2002, the Bakersfield City Council adopted Resolution No. 031-02. Resolution No. 031-02 approved an administrative policy authorizing City-wide document imaging on Lasediche, an "archive and retrieval" system. A copy of this Resolution is attached for your review. The proposed Resolution goes one step further and allows the Planning Division of the Development Services Department to create and maintain an electronic zone map as the official zone map for the City of Bakersfield. Currently, the official zoning maps for the City of Bakersfield are comprised of a book of approximately 175 hand-drawn maps. By creating and maintaining an electronic zone map, the City has greater accuracy, flexibility and efficiency --all goals of Resolution No. 031-02. Under the proposed Resolution, the Planning Department will use the existing hand-drawn map and zone case files to produce an electronic "official" zone map. This electronic map will be placed on the computer network in a directory explicitly designated for that purpose. An offsite version will be burned to a compact disc and stored in conformance with existing City policy. In addition, a "working" zone map will be created which will display zone changes as they are approved. This is the working zone map that can be placed on the City computer and made available to the public through the internet. Annually, the "official" zone map would be updated and a new CD burned for offsite back-up. November 26, 2002, 9:44AM S:\COUNClL~Admins\E]ectronicZoningMapReso.doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ,..~/ Carroll Hayden, Human Resources Manager"'[~'DEPARTMENT HEAD ~ November 26, 2002 CITY ATTORNEY ~~ CITY MANAGER ~--~ APPROVED Resolution for Employer Paid Member Contributions for All Employees of the Blue and White Collar Units to CalPERS Resolution for Employer Paid Member Contributions for All Employees of the Miscellaneous Management Unit to CalPERS Resolution for Employer Paid Member Contributions for All Employees of the General Supervisory and Police Supervisory (Non-Safety) Resolution for Employer Paid Member Contributions for All Employees of the Police and Fire Management Units to CaIPERS Resolution for Employer Paid Member Contributions for All Employees of the Police and Police Supervisory Safety Units to CaIPERS Resolution for Employer Paid Member Contributions for All Employees of the Fire and Fire Supervisory Safety Units to CalPERS Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CaIPERS as Additional Compensation for Miscellaneous Employees Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Police Safety Employees. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CaIPERS as Additional Compensation for Fire Safety Employees. RECOMMENDATION: Staff recommends approval of the resolutions. BACKGROUND: California Public Employees' Retirement System (CalPERS) requires agencies that pay member December 4, 2002, 11:18AM S ~ADMINRPT~EPMC as additional comp.dot ADMINISTRATIVE REPORT contributions for employees to pass a resolution indicating the conditions under which the member's contributions are paid. Council has previously agreed in our employee Memorandums of Understandings and salary resolutions to pay member contributions in a variety of ways, depending on the employee unit. For example, Fire and Police Safety employees have 4% of their contributions paid for the first 6 years of employment and then the full 9% amount is paid by the City after that. General Supervisory and Blue and White Collar unit employees pay 7 of the required 8% for the first 6 years and then the City pays all 8% for the employee. California Code of Regulation 569 (d) now requires that if employers pay member contributions, they do so after no more than 5 years of service. The first 6 resolutions listed in the subject section of this report are to bring our employer contributions on behalf of our employees in line with current state law and to furnish CaIPERS with a copy of the resolutions, as required and requested by CalPERS During the last negotiations with all of our employee units, it was agreed that effective January, 2003, the amount of monies paid by the City Of Bakersfield on behalf of employee contributions for CalPERS would be reported as additional compensation. The last 3 resolutions listed in the subject section of this report are necessary to comply with Government Code Sections 20636 (c) (4) and 20691 which will allow the City to meet the obligations Council agreed to in our employee Memorandums of Understanding and salary resolutions. Therefore, based on previous Council decisions, these resolutions are needed to pay member contributions and are also needed to have contributions reported as additional compensation according to CalPERS regulations. ch December 4, 2002, 11:18AM S:\ADMINRPT\EPMC as additional comp dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 18, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,~OVED Tract Maps/Improvement Agreements Final Map and Improvement Agreements with Rivedakes Enterprises, LLC for Tract 6005 Phase 2 located south of Hageman Road and west of Coffee Road. (Ward 4) Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6125 Unit 1 located north of Hosking Avenue and west of Akers Road. (Ward 4) Final Map with Hampton Place L.P. for Tract 6007 Unit 2 located south of Palm Avenue and west of Allen Road. (Ward 4) Assignment Of Improvement Agreement No. 01-160 for Parcel Map 10788 from Commerce Drive Partners to Gregory D. Bynum and Associates, Inc.. Parcel Map 10788 is located south of Truxtun Avenue at the northeasterly end of Commerce Drive. (Ward 2) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE [~OR REVIEW. November 26, 2002, 9:24AM G:\GROUPDA'r%ADMINRPT\2002~Dec 11\MAP AND IMPROVEMENT AGR dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul J. Rojas, Public Works Director November 19, 2002 APPROVED DEPARTMENT HEAD ~ CITY A'I-I'ORNEY ~ CITY MANAGER ~ Reimbursement Agreement for Tentative Tract 6023 (Ward 4): 1. Reimbursement Agreement with Coleman Homes, Inc. ($225,680.27) for construction of the Olive Drive Golf Cart Crossing. 2. Appropriate $225,681 Rivedakes Planned Drainage Area Fees to the Capital Outlay Fund's Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: Resolution No. 89-91 established the Riverlakes Planned Drainage Area (PDA) to ensure sufficient funds were collected to construct a drainage area which would benefit development within the PDA. As part of the conditions of approval for the Rivedakes Golf Course, the developer (the Links) was responsible for several PDA improvements and a golf cart crossing under the proposed Olive Drive. While the PDA improvements have been completed by the Links, the golf cart crossing was not completed by this developer. Coleman Homes was developing Tract 6023, which is part of the Riverlakes PDA. As part of the conditions for this Tract, the developer was required to construct Olive Drive. The Links management was not prepared to construct the golf cart crossing at the time Olive Drive was constructed, so the City requested that Coleman Homes build the crossing during the construction of Olive Drive. AS the City is required to reimburse the Links for several of the PDA improvements and the Links is responsible for the cost of the golf cart crossing, the CITY will reimburse Coleman Homes directly for costs they incurred in constructing the golf cart crossing. Funding for this reimbursement will come from already collected PDA fees. This will relieve the Links from their responsibility regarding the golf cart crossing. November 19, 2002, 3:29PM G:\GROUPDAT'~ADMINRP%2002~Dec 11\Rivedakes PDA Agr..doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 20, 2002 APPROVED DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER 1. Amendment No. 1 to Agreement No. 99-294 with Sylvia Mendez & Associates for certified court reporting services provided to the City of Bakersfield's City Attorney's Office; and 2. Amendment No. 1 to Agreement No. 99-295 with Wood & Randall for certified court reporting services provided to the City of Bakersfield's City Attorney's Office. RECOMMENDATION: Staff recommends approval of the amendments. BACKGROUND: The agreements with these court reporting services was due to expire in November of 2002. An extension period of 7 months is being proposed at this time. The City Attorney's Office plans to initiate another RFP process this spring and bring back to the Council another set of three-year contracts prior to July 1,2003. November 20, 2002, 2:21 PM ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 14, 2002 APPROVED DEPARTMENT HEAD C TV M^.AGER Amendment No. 1 to Agreement No. 02-063 with URS Corporation to increase compensation to Consultant by $6,000 (for a total contract amount of $625,690) for a traffic signal design. (Ward 7) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City of Bakersfield entered into Agreement No. 02-063 on March 6, 2002 with URS Corporation for preparing plans, specifications and estimate for modifications to the Interchange of State Route 99 at White Lane. Work includes design for widening overcrossing, modifications to the northbound on/off ramps, sound barrier and landscaping the Interchange. Due to the City's desire for additional engineering services associated with the project development, this amendment will allow the Consultant to prepare plans, specification and estimate for a traffic signal at the White Lane/NB Exit Ramp Intersection. Sufficient funds are available within the project's budget and no additional appropriation is necessary. Engr dc November 15, 2002, 1:06PM G:~GROUPDAT~ADMINRPT~2002\Dec 11~Admin Rpt Amend1 to Agr02-063.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 I ITEM: 8.p. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police November 18, 2002 APPROVED DEPARTMENT HEAD~¢~ CITY A'I-rORNEY CITY MANAGER Amendment No. 2 to Agreement No. 96-175 with Gordon Special Services dba J&J Special Services for Administration of the School Crossing Guard Program. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On June 26, 1996, City Council approved Contract No. 96-175 with Gordon Special Services for administration of the School Crossing Guard Program. The contract terminated on June 30, 2002, so the attached amendment is necessary to continue the services through the end of the 2002/2003 school year. The City intends to bid the crossing guard services to cover the 2003/2004 school year. Staff recommends that Council approve the attached amendment between Gordon Special Services and the City of Bakersfield. All other terms and conditions of Agreement No. 96-175 remain unchanged. November 15, 2002, 11:40AM P:/ADMRPT~Amend to Agrmt No 96-175.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 14, 2002 APPROVED DEPARTMENT HEAD ClTY ATDORNEY CITY MANAGER ~ Improvement Plan Checking Engineering Services: 1. Design Consultant Contract with Cannon & Associates (not to exceed $50,000) for improvement plan checking engineering services. 2. Appropriate $50,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: The Subdivision Section of the Public Works Department currently has a 4 week back log in improvement plan check. The goal is to review plans within 2 weeks of submittal. In order to maintain an acceptable service level for the development community, staff recommends hiring an outside consultant firm to provide plan checking services during peak times. Revenue higher than originally estimated will be realized in the current fiscal year because of the increased activity. December 3, 2002, 8:18AM G:\GROUPDAT~ADMINRPT~2002~)ec 11\Cannon Assoc Admin.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 IAGENDA SECTION: ITEM: Consent Calendar TO: Honorable Mayor and City Council AP~ ROVED FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD ~ j DATE: November 21, 2002 CITY ATTORNEY ~")~-'~ CITY MANAGER ~3'~ SUBJECT: Carrier Canal Development Agreement with MONY Life Insurance Company to convert open canal to box culvert (Ward No.5) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This agreement will allow MONY Life Insurance Company to convert a portion of the City owned and operated Carrier Canal into a concrete box culvert. MONY has purchased the former Discovery Plaza office building just east of Mohawk Drive and the new tenant is in need of additional parking spaces. The Carrier Canal is immediately behind and adjoining the office complex and the covering of the ditch will allow MONY to expand parking over the top of the installed box culvert. The CITY is owner in fee of the Carrier Canal between Discovery Plaza and Office Park Drive. MONY is willing to purchase the fee ownership of this portion of the canal from CITY and return an easement to CITY for the covered canal. MONY will pay fair market value for the canal at its appraised price, less the sum of the construction cost of the box culvert. MONY will be given a ten percent incentive of the difference of price and appraised value, if the appraised price exceeds the installed cost. The CITY will receive the remainder of funds. MONY will be solely responsible for all aspects of the installation of the 540 foot long box culvert and parking area, including financing, engineering, construction, inspection, coordination, permits, approvals, and licenses required. MONY shall warranty the project for one (1) year after construction. The culvert construction schedule for 2002-2003 is through February 1, 2003, from which date liquidated damages of $2,500.00 per day will be assessed. FC:fc November 20, 2002, 7:30AM S:~002 ADMIN REPORTS\DE 11WTICC.dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar TEM: 1~,5, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 20, 2002 DEPARTMENT HEAD /~..~R OVE D CITY ATTO R N EY,.~./~"~-- CITY MANAGER Amendment No. 1 to Agreement No. 99-216 with Normal Development to revise Exhibit "A" to include an additional tract to receive the Transportation Impact Fee credit (no change in the not-to-exceed credit amount). (Ward 7) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: Agreement No. 99-216 provided for a maximum transportation impact fee credit of $215,000 in exchange for the developer constructing two lanes on Hosking Road between Akers Road and Wible Road. Exhibit A of the original agreement listed specific tracts which were to receive the credit. Those tracts are now fully developed and a remaining credit of approximately $86,000 remains. The developer has requested that the remaining credit be applied to Tract 6125-Phase 1 (53 lots). November 20, 2002, 4:06PM G:\GROUPDAT~ADMINRPT~.002~Dec 1 l~Amend 99-216 Adrnin.doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.t.. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 18, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Transportation Impact Fee Agreement with Stuart Thomas Incorporated, a Nevada Corporation DBA Lenox Homes for Tract 6064, located south of Berkshire Road and east of South "H" Street. 0Nard 7) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Lennox Homes will construct required improvements for the widening of the canal box culvert at Berkshire Road and the Kern Island Canal and the east side of South "H" Street along the frontage of their Tract 6064. The City will credit Lenox Homes for his portion of regional transportation impact fees in Tract 6064, to the actual amount of the design and construction cost of the improvements, not to exceed Three Hundred Twenty-four Thousand Four Hundred Twenty-Five Dollars ($324, 425.00) td November 22, 2002, 1:19PM G:\GROUPDAT~2002~Decl 1\Lenox Homes TIFAgr doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police November 21, 2002 · APPROVED DEPARTMENT HEAD CITY A'I-rORNEY CITY MANAGER Memorandum of Understanding between the City of Bakersfield and the Housing Authority of the County of Kern regarding twoTrek bicycles for Police patrol in the Lakeview Area. RECOMMENDATION: Staff recommends that the Council authorize the agreement with the Housing Authority of the County of Kern. BACKGROUND: The City recently opened a satellite office in a building owned by the Housing Authority of the County of Kern ("HACK"). HACK has offered the use of two new Trek bicycles to assist the Bakersfield Police Department in its patrolling duties in the east area of the satellite office. These bicycles are valued at $964.15 each and will be a useful asset for crime prevention. Should the bicycles be destroyed or stolen, the City will have to repay HACK at a prorated rate. The City is responsible for all maintenance. EWM/ADD:Isc/vrf December 5, 2002, 2:19PM P:\HACK Trek Bicycle MOU ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.v. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~--~'_~ DATE: December 3, 2002 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Amendment No. 1 to Agreement No. CA 02-042 in an amount not to exceed $80,000 with Michael G. Marderosian for outside legal services in the matter of Ochoa v. City of Bakersfie/d, United States District Court Case No. CV-F-01-5559 AWl DLB. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On November 6, 2002 the City Council was informed the City Attorney's Office hired Mr. Marderosian of the Law Offices of Marderosian, Runyon, Cercone & Lehman to handle the matter of Ochoa v. City of Bakersfield because of short-term staffing problems. Unfortunately, this case has proven to be more complex and requires more work to prepare it for trial than first estimated; thus, the contract amount should be increased, not to exceed $80,000, as per the attached contract amendment. BJ I%&DD:Isc December 3, 2002, 8:43AM S:\COUNClL~Admins~AttyRetainerAgmtAmendl .Marderosian dot ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.w. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director November 14, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Amendment No. 3 to Agreement No. 01-143 with Sturgeon & Son, Inc. to add $68,000 to the annual earthmoving and hauling agreement (for a total citywide annual contract amount of $1,189,500). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The Annual Contract for Earthwork and Hauling includes work for various departments. The Solid Waste Division portion of this contract has been exhausted due to equipment down time and the need to complete earthmoving projects in a timely fashion. Staff estimates that an additional amount of $68,000 is needed to complete work at the Mt. Vernon Greenwaste Facility. Approximately 30 percent of the expenditure will be recovered through the City/County cost sharing agreement. Engr. dc November 26, 2002, 2:35PM S:\FiLING\400 CONTS & AGMNTS\FY_0203~AdminRpt_Sturgeon & Sons Amendment 01-143(3).doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 IAGENDA SECT1ON: Consent Calendar ITEM: 8. x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 14, 2002 APPROVED DEPARTMENT HEAD CITY A'I-FORNEY. CITY MANAGER Amendment to Agreement with Shibumi Consulting Services: 1. Appropriate $50,000 Solid Waste Fund Balance to the Public Works Department's Operating Budget. 2. Amendment #1 to Consultant Agreement PW 02-107 with Shibumi Consulting Services, Inc., to add $50,000 (total compensation for this agreement not to exceed $59,000), and additional scope of work for the implementation of improvements to the City's data collection software. RECOMMENDATION: Staff recommends approval of Amendment and appropriation. BACKGROUND: Per Agreement No. PW 02-107, the consultant performed a review of the City's HTE utility billing system to determine whether various functions historically performed by an assortment of other software programs could be consolidated into the City's main utility program. The consultant reporied that this is feasible, based on experience in other cities which use the same software. Several potential improvements were recommended in the consultant report, and staff met with the consultant to scope an implementation plan for most of the improvements. Staff recommends approval of this amendment to implement the proposed scope of work. The original department contract of $9,000 was for the system review only. This $50,000 amendment is for the actual system modifications as recommended in the consultant's report. Staff also recommends appropriating additional funds to cover this amendment. G:\GROUPDAT~DMINRt:rD2002XI2N~c I IXAdmmRpt_Slfibumi HTE Ceasulting Amendment~l.doc 12/4/2002 2:14 PM ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raui M. Rojas, Public Works Director November 27, 2002 DEPARTMENT HEAD CITY ATTORNEY //~/~ ~/' CITYMANAGER (~'~ APPROVED Reimbursement Agreement with Jack and Shirlyn Davenport for Widening Rosedale Highway West of Henry Lane, with Relocation of an Existing Retaining Wall in an Amount Not to Exceed $3,860 and Exchange of Properties at 2601 Rosedale Highway. (Ward 4) RECOMMENDATION: Staff recommends approval of Agreement BACKGROUND: The city is experiencing severe traffic congestion in the vicinity of Rosedale Highway as a result of heavy residential and commercial development and the limited existing traffic lanes. In an effort to relieve this congestion, the City is in the process of acquiring right of way for an additional 12 foot lane along the Rosedale corridor. The owners of Davenport Sweeping at 2601 Rosedale Highway are willing to deed the necessary land on Rosedale Highway to permit construction of additional travel lanes, in exchange for a portion of land currently used as a water retention basin. The City will also provide improvements of curb gutter and sidewalk along the Davenport parcel frontage and compensate the owners for relocation of an existing retaining wall (not to exceed $3,860) as part of the exchange. November 27, 2002, 11:05AM G:\GROUPDATLADMINRPT~2002\Sep 4\Davenport Reimbursement Agr doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.z. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 26, 2002 APPROVED DEPARTMENT HEAD ~,~ CITY A'I-I'ORNEY CI'FYMANAGER~ Amendment No. 1 ($5,000 for a total not to exceed compensation clause of $73,400) to Consultant Agreement No. 02-255 with Niemeyer & Associates, P.C. for inspection and safety training of the Bakersfield Amtrak Track. (Ward 2) RECOMMENDATION: Staff recommends approval of Amendment BACKGROUND: The Scope of Work in the original agreement for "Inspection Services for Bakersfield Amtrak Station Track from H Street to Union Avenue including trackage at Amtrak Station" did not include preparation of a rail safety training program and training of City Staff to meet FRA guidelines. Now that the City has determined this safety training is required, this amendment is needed. Amendment No. 1 adds $5,000 to the total compensation amount, bringing the contract amount to $73,400. Funds are available to cover this increased cost. Wgm November 26, 2002.2:29PM G:\GROUPDAT~DMINRPT~2002\Dec II,Amendment No. 1 to Agreement No. 02-255.doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.aa. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 26, 2002 DEPARTMENT HEAD /,~PROVED Agreement with URS Corporation for $145,335.00 for the preparation of a Preliminary Geometric Design and development of a Specific Plan Line for the future interchange at Hosking Road and State Route 99; and for the preparation of a Project Study Report (PSR) for the widening of the existing interchange at Olive Drive and State Route 99. (Ward 7). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Funds were budgeted in the current year's Capital Improvement Program to begin work on developing a plan for a future interchange at Hosking Road and State Route 99. Originally, it was planned to have a Project Study Report (PSR) prepared for this interchange. However, staff has recently learned that having a PSR prepared too far in advance of the project being constructed renders the PSR of little value to Caltrans, and in fact they may require it to be redone. Therefore, staff is now recommending only preliminary geometric engineering be performed at this location so that a specific plan line for the interchange can be developed. Then when development adjacent to the interchange occurs, this specific plan line will allow the right of way for the future interchange to be reserved and ultimately acquired. The PSR can follow when development and higher traffic volumes (current daily traffic is only 2,375 vehicles) indicate a need for the improvements. Staff has also been working with Kern County and the Kern Council of Governments on the Hageman Flyover, one of the elements of the Bakersfield Systems Study. The PSR for this project has been completed and is currently being reviewed by Caltrans. The analysis of the Hageman Flyover project has revealed issues with traffic congestion on nearby Olive Drive at and west of State Route 99 which affect the traffic volumes on Hageman Road. This area of Olive Ddve has been getting more and more congested as development to the south and west of the area continues. Much of this development is occurring within the City. The Hageman PSR analysis indicates that this will only get worse over time, and not taking any action to improve Olive Ddve will result in negative impacts to Hageman traffic. In an effort to study Olive Drive improvements that would enhance traffic flow for the entire area, City and County staff have developed a joint plan whereby the City would be the lead for preparing a PSR for the interchange expansion and adjacent street improvements, and then the County would take over the lead on developing the environmental document and project report PA&ED), construction plans and specifications (PS&E), and the ultimate construction of the improvements. Once the PSR is complete, the County will propose to KernCOG that the project be incorporated into the State Transportation Improvement Program (STIP) for funding of the future phases. URS Corporation has just completed the PSR for the Hageman Flyover, and as such has much familiarity with the traffic problems and issues in the area. They have already completed traffic modeling data for the Hageman PSR which could be used for the Olive Drive PSR. Therefore, staff is recommending that URS Corporation by retained to perform this work. One-hundred Fifty Thousand ($150,000) was budgeted in the current fiscal year for the Hosking PSR, and staff is recommending that these funds be used for both the Hosking preliminary engineering work as well as the Olive Drive PSR. tdw:November 26, 2002, 2:34PM G:\GROUPDAT~ADMINRPT~2.002\Dec 11\Hosking-Olive 99 PSR Admin Rpt.dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar TEM: 8. bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Start Ford, Director of Recreation and Parks 12/02/2O02 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED Planz Park Playground Rehabilitation Project (Ward 7). 1). Award Contract to Brown and Fowler Construction in the Amount of $147,157.00, for Planz Park Playground Rehabilitation Project. 2). Appropriate $36,336 Uncommitted CDBG Funds to the Recreation and Parks Department, Capital Improvement Budget Within the Community Development Block Grant Fund. RECOMMENDATION: Staffrecommendsawardofthecontractandappropriationofthefunds. BACKGROUND: Twelve bid packets were sent out to contractors. Three bids were received. The lowest responsible bid for Planz Park Playground Rehabilitation Project totals $147,157.00. Three (3) bids were received as follows: Brown and Fowler Construction 4211 Atlas Court Bakersfield CA 93308 $147,157.00 Nicholas Construction 1975 Airport Drive Bakersfield CA 93308 $156,245.00 Malibu Pacific Tennis Court Inc. 31133 Via Colinas #102 Westlake CA 91362 $175,780.00 In accordance with the above, staff prepared the attached contract with Brown and Fowler Construction to have playground rehabilitation services performed at Planz Park. In addition, staff recommends that Council appropriate $36,000 uncommitted CDBG funds to help pay for the project. December 3, 2002, 10:39AM ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.c¢. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 22, 2002 APPROVED DEP A.'r.E.T .EAD / el. ATTORNEY CITY MANAGER Accept bid from GTSI Corporation, $429,166.24, for 103 Panasonic Toughbooks for the Police Mobile Data Computer System. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Six (6) bids were received as follows: GTSI Corporation 3901 Stonecroft Boulevard Chantilly, VA 20151 Mobile Man 2291 The Alameda Santa Clara, CA 95050 Technology Integration Group 23 Mauchley, Suite 115 Irvine, CA 92618 in the amount of in the amount of in the amount of Oakland Computer Company 478 - 7th Street Oakland, CA 94607 in the amount of L & E Mobile Computer 1013 Conshohocken Road Conshohocken, PA 19428 in the amount of Motorola 4644 Parkridge Road Sacramento, CA 95822 in the amount of $429,166.24 $429,387.17 $431,927.93 $437,119.90 $459,539.28 $528,586.99 Purchasing Division DW:Iim P:~ADMIN~002 ADMIN\C02_121 l_C_Panasonic Toughbooks.doc November 26, 2002, 2:37PM (REVISION) ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.dd. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 22, 2002 APPROVED DEPARTMENT HEAD CITY MANAGER Accept bid to award annual contract to San Joaquin Fence & Supply, not to exceed the budgeted amount of $250,000.00, to furnish and install fencing around various City properties and canals. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides fence repairs and fencing of City owned properties and canals to prevent potential injury to citizens. Bid packages were sent to four (4) vendors. One (1) bid, from the current contract holder, was received. It reflected no significant change in unit prices for fence supplies. Departments estimate quantities and types of supplies and repair that may be required for the upcoming year. Actual fence supplies and repair is not known until the need arises, due to accidents, vandalism, etc. November 22, 2002, 10:17AM PURCHASING DIVISION / DW:Ijm P:~ADMIN~002 ADMIN\C02_121 l_D_AC-Fencing.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.ee. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD DATE: November 21,2002 CITY ATTORNEY J~ CITY MANAGER SUBJECT: Accept bid from Bearcat Manufacturing, Incorporated, $31,607.33, for one (1) additional crack sealing machine for Street Maintenance Division. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations were sent to twenty (20) potential vendors. One (1) bid was received, as follows: Bearcat Manufacturing, Incorporated 3650 Sabin Brown Road Wickenburg, AZ 85390 in the amount of $31,607.33 Purchasing Division DW:Ijm P:~ADMIN~2002ADMIN\C02 1211 A Crack Sealing Machine.doc November 21, 2002, 3:12PM ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.ff. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD DATE: November 21,2002 CiTY ATTORNEY/'/ C MA. AGER SUBJECT: Accept bid from Jim Burke Ford, $28,207.47, for one (1) replacement cab and chassis for the Fire Department Patrol vehicle. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations were sent to sixteen (16) potential vendors. Two (2) bids were received, as follows: Jim Burke Ford P.O. Box 2088 Bakersfield, CA 93303 Hoblit Motors P.O. Box 910 Woodland, CA 95776 in the amount of in the amount of $28,207.47 $28,614.3O Purchasing Division DW:ljm P:~ADMINk2002 ADMIN\C02 1211 B Cab & Chassis Fire Dept.doc November 21,2002, 4:08PM ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8. gg. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 22, 2002 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER ROVED 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 Rivedakes 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 tl~e 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 Iow base bidder for the City is E & M Constructors Co. E & M Constructors Company 15981 Yarnell 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 $364,634.00 Engr. dc November 22, 2002, 9:00AM G:\GROUPDA'I%ADMINRPT~.002~Dec 11~Admin Rpt_Hageman-Calloway-OIdFarm-St-lmpr~t,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 22, 2002, 9:00AM G:\GROUPDAT~ADMINRP~2002~Dec 1 l~Admin Rpt_Hageman-Calloway-OldFarm-St-lmpn/t.doc ADMINISTRATIVE REPORT Page I MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.hh. TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD ~ DATE: November 18, 2002 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Reject bid for Pin Oak Park Water Playground (Ward 5) RECOMMENDATION: Staff recommends the rejection of bids and reevaluation of the project. BACKGROUND: The project includes the installation of an interactive water playground at Pin Oak Park. The three bids received are significantly higher than the Engineer's estimate of $170,000.00. The project will be reevaluated. Three bids received on September 18, 2002 as follows: Tri State Construction 12905 Hageman Road Bakersfield, CA. 93312 Brown and Fowler Construction 4211 Atlas Court Bakersfield CA. 93308 James E. Thompson, Inc dba JTS Construction Company 7001 McDivitt Drive, fib P.O. Box 41765 Bakersfield, CA. 93384 in the amount of in the amount of in the amount of $268,897.0O $312,695.30 $327,188.00 p:PinOakAdmin MEETING DATE: December 11, 2002 ADMINISTRATIVE REPORT Page 1 ITEM: 8.ii. AGENDA SECTION: Consent Calender TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 25, 2002 APPROVED DEPARTMENT HEAD ~,~"~ CITY MANAGER ~ SUBJECT: Pacific Gas & Electric's request for an easement to locate a guy wire anchor on City owned real property located at the northeast corner of Calloway Drive and Olive Drive. (Ward 4) RECOMMENDATION: Staff recommends approval of easement. BACKGROUND: Pacific Gas & Electric Company has requested the city grant them a ten foot wide easement to accommodate their placement of a new electric pole guy wire and anchor due to city's construction of the Olive Drive / Calloway Drive road and canal relocation project. City will bear no expense in this pole relocation. Pacific Gas & Electric's request has been reviewed by the Public Works Department and Property Management Division and will have no negative impact on city facilities. (Brief title from the subject) jws 11/25/200210:39 AM P:~ADMINFORM wpd ADMINISTRATIVE REPORT I MEETING DATE: December 11,2002 AGENDA SECTION: Consent ITEM: 8..~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 4, 2002 /,~-~/~PROVED DEPARTMENT HE~D ~ 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 northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. RECOMMENDATION: Staff recommends continuing this matter to January 15, 2003. BACKGROUND: This case was continued from the meeting of November 20, 2002 in order that the applicant and staff meet. They have met but there are additional design and financial details which must be worked out for a good understanding of the situation. MG:pjt (Admin\nov\l 2-11-0623) ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. kk. TO: Honorable Mayor and City Council AtC~ APPROVED FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: November 19, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Revised Job Specifications 1 ) Traffic Painter II 2) Traffic Painter III RECOMMENDATION: Staff recommends approval of the revised job specifications. BACKGROUND: At the request of the General Services Superintendent, the job specifications for Traffic Painter [I and Traffic Painter Ill have been reviewed and updated in light of the requirement to operate commercial equipment. A Class "B" commercial driver's license will now be required. Current employees will be given six months to get a Class "B" with the requisite training and assistance. New employees and employees promoting to a higher level will be required to obtain a Class "B" driver's license prior to appointment. Changes have also been made to reflect current responsibilities and minimum qualifications. There is no budgetary impact as the salary range for both classifications will remain the same. The Central California Association of Public Employees endorses the revisions. The revised job specifications were approved by the Miscellaneous Civil Service Board at their November 19, 2002 meeting. (jm) November 1 g, 2002, 10:28AM S:~ADM~NRPT~Traffic Painter Job Spec Revisions.dot ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.]]. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /[~._ DATE: November 21,2002 CITY A'I-rORNEY CITY MANAGER ~ SUBJECT: Miscellaneous Appropriations/Transfers (Ward 2): 1. Appropriate $8,360 Amtrak Railway Fund Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: This administrative report recommends appropriation of the remaining fund balance within the Amtrak Railway Fund. With the final payment to the Burlington Northern & Santa Fe Railroad (BNSF), all bills for the Amtrak Station are paid. The final payment to BNSF was close to $619,000 with approximately $428,000 paid with State Inner City Rail funds and the remainder paid out of the Gas Tax Fund. Staff recommends transferring $8,359.07 of the amount originally coded to the Gas Tax Fund to the Amtrak Railway Fund. This will then close out the Amtrak Railway Fund. November 21, 2002, 11:03AM G:\GROUPDATV~DMINRPT~2002~Dec 1 l~Additional Approp-Amtrak.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar ITEM: 8.n~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 26, 2002 APPROVED DEPARTMENTHEAD /'*~j//~ CITY ATTORNEY ~/ CITY MANAGER ~d~_'~. SUBJECT: Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund to partially cover a deficit at June 30, 2002. RECOMMENDATION: Staff recommends approval of the appropriation and transfer. BACKGROUND: City staff has re-evaluated the estimate of the City's short and long term self- insurance liabilities in order to ensure compliance with General Accounting Standards Board (GASB) Statements 10 and 34. The self-insurance $7,055,000 ($5,195,000 Workers Compensation, $1,860,000 General Liability) estimated claims payable at June 30, 2002 exceed the assets in the Self-Insurance Fund by $3,468,944. Staff recommends funding this deficit with $2 million General Fund available balance immediately and the remainder over two (2) years through interfund charges. This topic was included in the City Council workshop of November 20, 2002. November 26, 2002, 12:15PM FINANCE DEPARTMENT / GJK:Ijm P:~ADMIN~002 ADMIN\C02 1211 E Serf Insurance Fund.doc ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 ITEM: 8..-.?.. AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: DATE: Donna L. Kurtz, Economic Development Director November 26, 2002 CITY ATTORNEY CITY MANAGER SUBJECT: Historic Preservation Commission 2001/2002 Fiscal Year Annual Report. (All Wards) RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: The Historic Preservation Ordinance requires the Historic Preservation Commission to prepare an annual report to the Mayor and City Council on Commission activities. This annual repod: covers fiscal year 2001/2002. During the last year, the Commission participated in a variety of activities promoting historic preservation in Bakersfield. It is with great pleasure that Chairman Scott Fieber submits this report. Mr. Fieber was re-elected Chairman in June 2002. S:~Admins\City Council\HPC ann report doc 11/26/2002 10:59 AM ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Hearings ITEM: 9.a. AP ROVED TO: Honorable Mayor and City Council .~_l FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 15, 2002 CITY ATTORNEY.~/~ CITY MANAGER ~ SUBJECT: Continued hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (1.95% proposed fee increase). RECOMMENDATION: Budget and Finance Committee recon~ends adoption of Resolution. BACKGROUND: The hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield was on the July 31, 2002 Council agenda. At this Council meeting, the Park Development Fee was referred to the Budget and Finance Committee for review. This issue went before the Budget and Finance Committee at its October 10, 2002, meeting. Material distributed at this meeting is included with this Administrative Report for reference. At this Budget and Finance Committee meeting, staff was instructed to meet with the Building Industry Association (BIA) to address outstanding issues the BIA had with staff's original recommended 2.8% increase in the Park Development Fee. On October 14, 2002, City staff met with Brian Todd, Executive Vice President of the BIA. The following items were discussed at this meeting. · The BIA indicated that a more appropriate index to use in adjusting the park development fee would be the Construction Cost Index, rather than the historically used Consumer Price Index (staff's initial recommended 2.8% increase resulted from the Consumer Price Index). Annual index averages were used for the most current calendar years for which a full 12 months of indexes were available. This would be the 2001 and 2000 annual averages index, which computes to a 1.95% increase. This would increase the current fee of $635 per single family unit to $647. This is $6 less than staff's initial recommendation of a 2.8% increase (from $635 to $653 per single family unit). Staff concurs with the BIA that the Construction Cost Index will be the most appropriate index to use for this fee. · Mr. Todd also indicated that the BiA believes the Park Development Fee should be adjusted by a credit for new development's share of the several bond grants received by the City. The BIA indicated that this issue could be tabled until a future date if the Park Development Fee was increased by no more than 1.95%. It is important to note that staff does not share the BIA's view on this issue. Recent State Bond measures have provided some funds for local Recreation and Park projects; however, they are being used for enhancements beyond basic facilities and are distinct from those provided by the Park Development Fees. In addition, these are one time funds November 20, 2002, 1:35PM G:\GROUPDAT~ADMINRP3R2002'~Dec 11~Park Dev Fee.doc ADMINISTRATIVE REPORT with special requirements which cannot be relied on for basic park development. The bond funds are currently being used for recreational facilities (such as the Kern River Parkway new 32-acre park, aquatics and ice complex, etc.) which serve all residents and enhance the livability of the community. During this meeting, City staff also expressed a desire to work with the BIA in the near future to reach a common understanding of the basic amenities of a 10-acre park and the associated costs for these amenities. Preliminary staff estimates show a significant increase in costs for--the current list of amenities which are typical in a 10 acre park. Mr. Todd indicated that the BIA would be receptive to working with City staff on this issue. Staff will contact the BIA in early 2003 to set up an initial meeting to begin dialogue. Staff presented this information at the November 14, 2002, Budget and Finance Committee meeting (material distributed at this meeting is attached to the Administrative Report). The proposed 1.95% increase was unanimously approved by this Committee. Therefore, in accordance with Section 15.82.060 of the Bakersfield Municipal Code, the attached Resolution is the Public Works Director's annual report to the City Council with updated, new or additional information regarding the fee amount collected for the development of parks within the City. City staff recommends the following changes to this fee: Type of Dwellinq Unit PARK DEVELOPMENT FEE PER DWELLING UNrr Proposed Proposed Fee Amount Current Fee Amount Increase Single Family Dwelling $647 Duplex Dwelling Unit $647 Multiple Family Dwelling Unit $647 Mobile Home $647 $635 $12 $635 $12 $635 $12 $635 $12 The park development fee was last adjusted in January, 2001. November 20, 2002, 1:35PM G:\GROUPOAT~ADMINRPT~2.002'~Dec 1 l~Park Dev Fee.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Hearings ITEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 25, 2002 ,,,~'~-~PROVED DEPARTMENT ~ ~/~-~ c,Ty CITY MANAGER Resolution upholding the appeal and modifying the decision of the Planning Commission approving Vesting Tentative Tract Map No. 6140 and the Development Plan for PUD Zone Change No. 02-0291 on certain property located on the south side of Highway 58, and the east side of South Oswell Street. (Ward 1) RECOMMENDATION: Staff recommends adoption of the resolution upholding the appeal and modifying the decision of the Planning Commission. BACKGROUND: On October 17, 2002, the Planning Commission adopted Resolution No. 132-02 conditionally approving Vesting Tentative Tract Map 6140 and Resolution No. 133-02 conditionally approving the development plan for PUD Zone Change No. 02-0291. Tract 6140 consist of 357 lots for purposes of single family development, 1 lot for private a park, and 1 lot for a retention basin on 80.82 acres, zoned R-l/PUD (One Family Dwelling- Planned Unit Development), and included requests for alternate lot and street design. The R-l/PUD zone applied to the property requires review of the development plan. The development plan depicted typical building footprints and elevations for the homes and design plans for the private park. Mclntosh and Associates, representing the subdivider, ADH Corp., filed an appeal identifying two conditions. The appellant desires the City instead of the homeowners association maintain the proposed retention basin (sump) located within the tract. Secondly, the appellant requests deletion of the condition placed on both the tract and the development plan that requires the subdivider disclose the types of property uses surrounding the tract in the Covenants Conditions and Restrictions (CC&Rs). The project site is generally located near the southeast corner of Highway 58 and South Oswell Street. The Planning Commission adopted Condition No. 10 for Tract 6140 as follows: 10. "A flowage easement shall be granted to the City to allow for the collection of drainage from Oswell Street, Zephyr Lane, and Sterling Road adjacent to the residential portion of the tract. City will not maintain or contribute to the maintenance of the retention basin and drainage system." ADMINISTRATIVE REPORT Page2 The applicant's letter of appeal (attached) states that the homeowners association would be maintaining a sump, which collects public water. Thus, the sump is a public facility maintained by a private entity (homeowners association) without the taxing authority. The applicant states City standards and the Municipal Code require a taxing authority maintain a public sump. In addition, the City has the equipment and experience necessary to properly maintain a sump. The City policy is that sumps contained within private tracts and primarily serve private tracts are not maintained by the City. However, in this case, the Public Works Department has stated that due to the amount of public roadway and the addition of the commercial area to the "service area" of this sump, the City is willing to maintain the sump for Tract 6140. In order for the City to maintain this sump, it will have to meet all City standards as to size, capacity, fencing, etc. Also, the access will have to be off of the public local street - Tyner Lane. Condition No. 10 of the conditions for the tentative map (Exhibit A of the resolution) has been modified to reflect the sump maintenance. The Planning Commission adopted Condition No. 47 for Tract 6140 and Condition No. 9 for the Development Plan as follows: 47. & 9. Subdivider shall include in the CC&Rs a statement disclosing that the subject site is adjacent or near commercial and industrial property and a waste water treatment plant. The applicant states in his letter, the CC&Rs are designed to control maintenance of private facilities and establish rules for development within the tract, such as architectural design. Disclosure of land uses is required under State law with the Department of Real Estate Public Report. This information is given to home buyers through normal disclosure procedures. The condition to include the information in the CC&Rs is precedent setting and was adopted without any health and safety finding or using Police powers. Therefore, the condition should not be imposed. The intent of the Planning Commission was to provide additional disclosure information about adjacent land uses to home buyers. The question for considering such action is: "Disclose what to whom and for what reason?" Disclosure conditions of approval have been used to inform potential residents of a potential credible health risk or hazard. These are usually stationary sources that are not easily relocated and are not likely to be removed. In the case of this Planning Commission condition, only the location of the Wastewater Treatment facility comes close to meeting this test. However, the letter received from the Health Department does not identify potential health risks other than those that would occur to anyone with respiratory problems and is susceptible to dust regardless of the source. Also, picking one zone over another such as commercial but not agriculture, and requiring that it be disclosed as a nuisance is not supported by policies in the general plan, CEQA or adopted ordinance. To the contrary, CEQA states that public controversy alone is not substantial evidence of a significant impact. In this case, there isn't any evidence from the public or otherwise, supporting the requirement for a disclosure notice, neither were there any extenuating circumstances pointing to a need to require such a condition. Such precedent setting action ADMINISTRATIVE REPORT Page3 should go through public review and be based on objective criteria if it is to be establish as a public policy, or be based on substantial evidence if it is to be applied as mitigation. Therefore, staff recommends that the applicant's appeal be upheld and the condition requiring disclosure be deleted on both the tentative tract and the development plan. The Negative Declaration adopted with related General Plan Amendment and concurrent Zone Change (file Cf 02-0291) is applicable to and appropriate for this project. Therefore, in accordance with CEQA section 15162, no further environmental documentation is necessary because there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. JENG (Admin\dec\12-11-6140) ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Hearings ITEM: g.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 19, 2002 , APPROVED DEPARTM ENTH E~'/,- ~ c,Ty CITY MANAGER (~ Final Environmental Impact Report, General Plan Amendment P01-0973 (Metropolitan Bakersfield General Plan Update). (All wards) Resolution certifying the Final Environmental Impact Report for the Metropolitan Bakersfield General Plan Update. Resolution adopting the amendment to the Metropolitan Bakersfield General Plan text and maps. RECOMMENDATION: Staff recommends adoption of the resolution certifying the Final Environmental Impact Report and adopting the amendment to the text and maps. BACKGROUND: Section 65300 of California Planning and Zoning Law requires each County and City jurisdiction to adopt a comprehensive, long-term General Plan for its development. As localities and their resources are ever changing, it is periodically necessary to update and revise the General Plan. The State recommends that the entire plan be thoroughly reviewed and revised periodically to reflect new conditions, local attitudes, and political realities. It has been 12 years since adoption of the plan in 1990. The update is intended to make those changes necessary to more accurately reflect existing goals, policies, and implementation measures. The text revisions are intended to give an updated version of the existing development environment. It was not the intent to revise the text "from the ground up," but merely make minor modifications to the existing text. The Metropolitan Bakersfield General Plan area includes the City of Bakersfield, its Sphere of Influence, and contiguous properties located in the unincorporated portions of Kern County. Both City and County lands are included as part of the Metropolitan Bakersfield Plan so that a coordinated effort between the two jurisdictions can ensure that recommended policies and programs can be set in place that will "guide the orderly and efficient extension of services and utilities; ensure the preservation of open space, agriculture and resource conservation lands; ADMINISTRATIVE REPORT Page 2 and establish consistent standards for development." The boundaries were mutually agreed upon by the City and the County. In the 12 years since plan adoption, there have been many changes in local ordinances, growth patterns, and the County land use map. It was jointly decided by both jurisdictions to go back through the text and update it to reflect the many changes which have occurred over the years. Additionally, this effort includes a deletion of extraneous material, maps, and tables when that data was maintained elsewhere to reduce the text to the most important parts. This effort will help the general public and the development community by accurately depicting the local development environment. The text will be renamed the Metropolitan Bakersfield General Plan, the planning period is extended through 2020. On October 28, 2002, the update was unanimously approved at a joint meeting of the Planning Commission for both the City of Bakersfield and County of Kern. All comments of that meeting may be reviewed in the minutes attached to this Administrative Report. Format Chanqes: There was a concerted effort on staff's part to remove graphs, charts, and tables which became obsolete because of the speed at which the metropolitan Bakersfield area develops. Land Use Map Chanqes: One of the most important changes proposed by the update is to adopt a new land use element map. The new land use map incorporates the existing County and City land use maps. When the plan originally adopted in 1990, there was one map which accurately depicted land use designations for the entire plan area. There have been significant changes to the County land use map in the last 12 years. Major projects like the McAIlister Ranch Specific Plan and the Western Rosedale Specific Plan have been approved in the unincorporated portion of the metropolitan Bakersfield area. None of these major plans were adopted by the City. Alternative 15: The 2030 Baseline Traffic Model was created that incorporated the City's and County's transportation plans into the existing roadway network. This baseline showed the facility improvements expected to be completed by the year 2030. At a July 23, 2001, joint meeting, the Kern County Supervisors and Bakersfield Council members unanimously voted Alternative No. 15 as the locally preferred system alternative. This alternative added approximately 38 miles of new highways, including Westside Parkway, Centennial Corridor, State Route 204 Corridor, and Seventh Standard Road Corridor. The KCOG Traffic Model: Traffic modeling for the land use document utilized the most current (February 2002) regional traffic model by the Kern Council of Governments (the regional transportation agency). The modeling ADMINISTRATIVE REPORT Page 3 shows significant probrems on dozens of road segments in the year 2020. Many of the segments show a decline in the level of service below "C". This is inconsistent with General Plan policy. The growth projections utilized (approximately 3 percent annually) were provided by the State of California Department of Finance. These population projections appear to be higher than what is actually taking place. The historical annual growth rate is about 2 percent. Therefore, traffic problems depicted by 2020 in the EIR are greater if the current growth rate continues. Estimating population growth is difficult at best. However, assuming a lesser growth rate (based upon the historical trend) than the Department of Finance projections simply means the same traffic problems occur but at a later date. The traffic model utilized in the Environmental Impact Report shows the method of financing the construction of roads is not adequate. New development should pay a greater share than they do currently. The Transportation Impact Fee Program needs to be revisited and significant changes must occur to avoid General Plan inconsistencies. Bikeways Map: A portion of the Circulation Element concerns the bikeway system in the metropolitan area. This plan is called the Bikeways Master Plan and is intended to provide a comprehensive network for bicyclists through the metropolitan area. Staff proposes to expand the bike path system into areas experiencing rapid development in order to provide a continuous system for bicyclist in the metropolitan area. Unchanqed Portions of the General Plan: There were two sections of the General Plan text which staff proposed no changes; the Kern River Plan Element and the Housing Element. The Kern River Plan Element (KRPE)was jointly adopted in the mid-1980's to control development through Bakersfield adjacent to the Kern River. There appears no reason to revise this portion of the text. The Housing Element is mandated by State law for periodic review. The City's Housing Element is undergoing review by the State and was approved by Council on November 6, 2002. Electronic Mappinq: Currently, the official land use map is maintained by hand. City Planning has, for years, used a computerized geographic information system (GIS) to provide maps for staff reports, the general public, and public hearing presentations (hard copy and electronic). GIS is flexible, reliable, and more accurate than the old system as it ties data to each individual parcel. Maps and data from the land use map can be presented in a variety of formats, including colored versions of maps, tables of data, and electronic versions for display purposes. The City Council has used the GIS several times to update Ward boundaries and found the system to be remarkably efficient. City and County staffs are maintaining both land use maps (one by hand and one electronic version) at a loss of staff time and efficiency. The GIS is clearly the way of the future and is proposed to supplant the old hand-maintained maps with this project. Kern County is presently developing a similar system. ADMINISTRATIVE REPORT Page 4 Vision 2020: In the years 2000 and 2001, community leaders organized and conducted a "grass roots" planning program. This effort was called Vision 2020, and it focused on a wide variety of community issues which included a section on redefining the community growth and development. This program included dozens of community meetings and workshops over many months and was attended by hundreds of local residents. In fact, over the 18-month period, 13,000 people padicipated in the meetings. The City Council has adopted the findings of the Vision 2020 effort, and those portions related to planning which were not already a part of the General Plan text have been added in the appropriate sections. Environmental Issues: The EIR was prepared as a Program EIR in accordance with Section 15168 of the CEQA Guidelines, addressing the environmental effects of the update to the Metropolitan Bakersfield General Plan. The City of Bakersfield and the County of Kern have the primary responsibility of processing and approving the Metropolitan Bakersfield General Plan Update. Environmental impacts cannot always be mitigated to a level considered less than significant; in those cases, impacts are considered significant unavoidable impacts. In accordance with Section 15093(b) of the State CEQA Guidelines, if a public agency approves a project that has significant impacts that are not substantially mitigated (i.e., significant unavoidable impacts), the agency shall state in writing the specific reasons for approving the General Plan Update based on the Final FIR and any other information in the public record. This is termed, per Section 15093 of the State CEQA Guidelines, a "statement of overriding considerations." Siqnificant Adverse Impacts: · Traffic · Air Quality · Noise · Agricultural Land Conversion The above impacts are discussed in great detail within the EIR text. Each issue was found to be a significant adverse impact in the professional opinion of the environmental consultant who prepared the Environmental Impact Report (EIR) under the current method of implementing the existing and proposed Metropolitan Bakersfield General Plan goals and policies. MG (P:admin\nov\12-11-973-update) ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Hearing ITEM: 9.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 4, 2002 ~.~'"-~. A~.I:~OV E D D E PA RTM E N T ~F(~D~._./~, Cl~ MANAGER'/ Ordinance amending Title 17, concerning regulations for the development and construction of multiple family housing projects such as apartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts. (All wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: At the Planning Commission meeting held November 21, 2002, no testimony was offered either for or against the proposed ordinance. At the June 26, 2002 City Council meeting, in response to current issues concerning fourplex projects within the Riverlakes Ranch Specific Plan Area, Councilmember Couch referred to staff a request to draft ordinance amendments to address the quality of multifamily projects particularly triplexes and fourplexes on individual lots. In August, staff presented to the Planning Commission an ordinance proposing changes to address concerns expressed in the Council referral. The proposed ordinance was referred to committee by the Chairman of the Planning Commission. The committee met three times since August to review the proposed amendments. The meetings included representatives from the Building Industry Associations and some fourplex developers. In 1998 the City Council adopted an ordinance to encourage the improvement of design for multifamily projects. This initial effort: Added a new section which used a floor area ratio (F.A.R.) to manage lot size to building coverage but provided that the FAR would increase if on-site amenities were provided, Added a section which allowed no more than two adjacent buildings to be perpendicular to the street, requiring the units on either side to be parallel to the street effectively breaking up the row effect common to fourplex subdivisions. This addition was later found to be impracticable and was deleted in September of 1999. ADMINISTRATIVE REPORT Page 2 Amended a section to include a Floor Area Ratio of 0.25 for two to four units. Rather than establish set square feet of land per unit, the land requirement is based on the size of the building. The intent was to provide more open space for each complex around each building. Added a section to require that utility meters & AC units not to be visible from the street and that elevations for adjacent units shall not be the same. The entry and windows for the end unit next to the street must face the street except on an arterial. Added a section to require the front yard setbacks to be fifteen feet with an average setback of twenty feet or every third lot setback twenty feet. f. Amended a section to require a wall and landscaping along arterial streets Since adoption of the 1998 ordinance changes, new issues as well as problems with the implementation of some provisions of the existing ordinance have arisen. New issues concern guest parking, tenant parking, and design of drive aisles. Provisions of the old ordinance that need to be revisited concern open space around the buildings, landscaping, on-site amenities and treatment of street-fronting end units and street-fronting side units. Also, it should be noted that current ordinances do not require on-site recreational amenities for multifamily apartments projects. This means that a series of duplexes, triplexes or fourplexes could be built on a common lot without being required to provide on-site amenities. Recommendations concerning these issues are as follows: 1. Parking for tenants and guests Currently guest parking is required on multifamily parcels with 6 or more units. For a 6 unit project with 2 bedrooms per unit, one additional space would be required for guests. Because duplexes, triplexes and fourplexes fall below that threshold, guest parking is not required. It is recommended that the current 10% requirement for guest spaces be amended to include the requirement for a minimum of one guest space for each unit for projects with two to four units. For these projects tandem space may be permitted subject to the approval of the Planning Director. This requirement would not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. 2. Design and treatment of drive aisles. Typical fourplex site layouts have two rectangular shaped buildings parallel to each other with a drive aisle shared between them. This results in one design, type A, which has landscaping between the drive aisle and the buildings and type B which does not have landscaping and has very little space between the drive aisle and the building. The design type B does not promote a residential feel for these projects. It is recommended that an 8 foot landscape area shall be provided between each building and the shared drive aisle for multifamily projects. This requirement would not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. ADMINISTRATIVE REPORT Page3 3. Open space The current ordinance uses a floor area ratio (F.A.R.) as a means to achieve a higher percentage of open space compared to building space. In practice this would require a bigger lot for projects that did not provide an on-site amenity. The type of amenity that would qualify was minimal and not specifically defined. The result is that developers offer park like barbeque grills as the amenity or some other minimal option. While these projects are not as high in unit density as apartment projects, they are higher in the density of use of the available land. And unlike apartment projects, these projects are Iow on open space and those projects approved prior to 1998 have no on-site amenity. It is recommended that the F.A.R. and the ability to use more of the land for buildings with a minimal on-site amenity be replaced with a requirement that each multifamily development provide and maintain a minimum of twenty (20) percent of the gross area of the site as open space. This shall include 200 square feet of contiguous landscape space per lot, not less than twenty feet (20') in width or depth at any point. Open space shall not be deemed to include buildings, driveways, parking areas, or other surfaces designed or intended for vehicular travel. Required front building setbacks and street frontage setbacks shall not be included in calculating usable open space. This requirement would not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. 4. Landscaping In support of item 2 above, the landscape requirements should be amended to require an 8 foot landscape area between each building and the drive aisle for multifamily projects using a common drive aisle. This requirement would not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multi-family subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. 5. On-site amenities It is recommended that on-site amenities not be required. 6, Design and use of street facing end and sides of units The intent of the provisions addressing end units was to give a residential appearance rather than institutional or commercial look to these projects. There are projects where living room units have their entrance on the street side and there are projects where a door and window face the street but the living room entrance is off the drive aisle. The later follows the letter or the law but not the spirit. The current ordinance should be amended to require the living room entrance to be directly from the street side. The same should be true for units where the side of the building faces the street. For all units, utility and other mechanical equipment shall not be visible from the street, and architectural elevations for adjacent buildings shall be significantly different (i.e.: different elevation, roof types, colors, or other structural elements.) Refuse containers shall not be located within the front yard, and if visible from the street shall be located within a masonry enclosure with metal gates. ADMINISTRATIVE REPORT Page4 The requirement for residential appearance of end units would not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. Duplexes and triplexes are not exempt from this provision. 7. Sections of Existing Ordinance Proposed for Deletion a. 17.14.070 Minimum lot area. B. For multiple-family dwellings with four units or less, the minimum lot area shall be based on a floor area ratio of .25, and the minimum lot area per unit shall be not less than two thousand five hundred square feet per dwelling unit. (Deleted in support of item #3) C. Minimum lot area for multiple-family dwellings with four units or less or approved four-plex subdivisions with on-site amenities consisting of playground apparatus, outdoor public court yards with seating, covered patios with BBQ facilities or similar park like facilities shall be the same as projects having five units or more. (Deleted in support of item# 5) E. Minimum lot area for multiple-family dwellings on a single lot with adjacent property zoned for a use other than multiple-family shall be the same as set forth in subsection B of this section. (Deleted in support of item# 3) ENVIRONMENTAL REVIEW AND DETERMINATION: This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15061 (b) (3) of the State CEQA Guidelines. The amendment makes modifications to development standards for multifamily projects of four units or less. It can be seen with certainty that the proposed ordinance amendment will not effect the environment and the general rule under CEQA would apply. A Notice of Exemption has been prepared. SG:pjt (Admin\12-11-4plex) ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Reports ITEM: ].0.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager December 4, 2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Community Services Committee Report No. 5-02 regarding a City Contribution of CDBG Funds in an amount not to exceed $5,000 to Bakersfield African American Cultural Association for a Community Celebration in Southeast Bakersfield RECOMMENDATION: The Community Services Committee recommends approval. BACKGROUND: On December 4, 2002, the Community Services Committee approved a request by Councilmember, Irma Carson to contribute an amount not to exceed $5,000 to the Bakersfield African American Cultural Association (BAACA) for sponsorship of a community cerebration for renaming Lakeview Avenue to Martin Luther King, Jr. Boulevard, and the grand opening of the Lakeview Avenue Streetscape Project. BAACA has organized a community celebration in the southeast for seven years. Prior to that, the City of Bakersfield was an organizer and sponsor of the event called the "Good Neighbor Festival." BAACA proposes the funds be used for advertising and promotions; rental of a public address system, stage and tents; and contracting for bands and professional entertainment. The celebration will take place on Saturday, January 18, 2003 from 10:00 a.m. to 4:00 p.m. Mayor Hall will conduct a ribbon cutting ceremony at 10:00 a.m. A letter from BAACA is attached. Funds for the contribution to BAACA will come from completed CDBG funded projects that have leftover amounts. Because the funds have already been appropriated, there is no budget impact. HUD guidelines will be followed in using the funds. December 4, 2002, 4:00PM S:~Admin Rpts~2002\CSC Rpt 5-02 MLK Celebration 121102.dot AC:al ADMINISTRATIVE REPORT MEETING DATE: December 11, 2002 AGENDA SECTION: Reports ITEM: ].0. b. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: December 4, 2002 CITY ATTORNEY CITY MANAGER . SUBJECT: Budget and Finance Committee Report no. 3-02 regarding the proposed increase in Kern County Solid Waste Management Program fees. RECOMMENDATION: Committee recommends approval of the report. BACKGROUND: The Budget and Finance Committee of the Bakersfield City Council met with County staff on December 2, 2002 to review the proposed increases and changes to Kern County Solid Waste Management Program fees proposed by County staff. There is a public hearing scheduled before the Board of Supervisors on December 10th which is also the proposed date for the county to implement these fees. The County staff's rate proposal would increase solid waste fees by $1.6 million for city residents and businesses. The Budget and Finance Committee has several concerns regarding the proposed fee increase and changes which were summarized in the attached letter. Due to the critical nature of this issue the letter was sent to the Board of Supervisors to provide comment by the City on the proposed rates. The Budget and Finance Committee directed the letter be sent immediately since the City Council's next meeting was on December 11~" which is the day after the public hearing. The Committee requested that the implementation of the proposed fee increase and changes be delayed by the Board of Supervisors until the issues presented in the City's letter can be fully reviewed and addressed. The Budget and Finance Committee recommends that the City Council endorse the letter sent by the Committee and that further correspondence be sent by the Mayor on behalf of the full City Council to the County indicating the City's opposition to the proposed rate increases and changes. jws December 4, 2002, 1:27PM S:~JOHN\Council Committees\Budget & Finance\County Solid Waste Fees admin.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: Reports ITEM: 10.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 2, 2002 APPROVED DEPARTMENT HEAD ~ ClTY A'I-rORNEY ClT~MANAGER~.~ City Manager Report No. 5-02 on the Bike Path Widening and Improvements near Truxtun Avenue from 450' east of Quailridge Drive to approximately 2500' further east. Presentation by Public Works Director requesting approval of design alternative (Ward 2) RECOMMENDATION: Staff recommends approval of Section (1) of (5) design alternatives for improvements between the bike path and Truxtun Avenue. BACKGROUND: The City of Bakersfield Capital Improvement Program (CIP) for Fiscal Year 2001-2002 has funds budgeted for bike path widening and improvements from East Don Hart Drive at California State University Bakersfield (CSUB) to Manor Street. The design of subject portion, approximately 2500' in length on the north side of Truxtun Avenue, will involve aesthetic and safety issues. Under the directions of staff the design consultant, Mclntosh and Associates, has prepared five (5) alternatives for the design of the subject portion (See attached Design Sections Nos. 1 through 5). Public Works staff will present an overview of the entire bike path widening project and explain the details of each of the five design alternates. Engr. dc December 4, 2002, 2:51 PM G:\GROUPDAT~ADMINRPT",2002\DeC 1 l~Bike Path widening report.doc ADMINISTRATIVE REPORT MEETING DATE: December 11,2002 AGENDA SECTION: ,~ I~ew Business ITEM: 12.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Coun/q~./t Pamela A. McCarthy, City ClerlC..__..J~l~..~ November 20, 2002 Election of Vice-Mayor. APPROVED DEPARTMENT HEAD ~ CITYATfORNEY ~' .' .' .'~/~ CITY MANAGER ~ RECOMMENDATION: To be determined by Council. BACKGROUND: Following an election, and in accordance with City Charter, Council shall elect one of its members Vice-Mayor at the first meeting the new Council takes office. Pursuant to Section 2.02.020 of the Municipal Code, the newly elected Vice-Mayor shall make appointments, with confirmation by the Council, to all committees. These appointments have been scheduled for the City Council meeting of January 15, 2003. The following is the list of current standing and ad hoc committees to be filled on that date: Standinq Committees: Budget and Finance Personnel Intergovernmental Relations Water Resources Legislative and Litigation Urban Development Community Services Other Vice-Mayor Appointments: Kern Council of Governments Kern Economic Development Kern County Museum Authority Solid Waste Management Advisory Planning Commission Liaison Ad Hoc Committee on Crime, Weapons, Gang Violence & Community Relations November 20, 2002, 3:39PM S:\ELECTION~,dmins\ELECTION OF VICE MAYOR2002.dot