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HomeMy WebLinkAbout10/08/2003 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF OCTOBER 8, 2003 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. WORKSHOP 3. PRESENTATIONS CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Pauline Maxwell vs. City of Bakersfield, Kern County Superior Court Case No. 248864 RJA Closed Session pursuant to Government Code Section 54957 regarding Memorandum of Understanding for the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield and Memorandum of Understanding for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield update. Closed Session pursuant to Government Code Section 54957 regarding Public Employee Appointment/Employment - City Attorney. If not completedin allotted time, review will continue to end of regular business portion of meeting. REGULAR MEETING - 7:00 p.m. 1. INVOCATION by Bishop Bernard Wallace, Church of Christ Ministries. 2. PLEDGE OF ALLEGIANCE by Erica Stevens, 8th Grade Student at Beardsley Jr. High School. 3. ROLLCALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Jane Yadon, Coordinator, Childhood Lead Poisoning Prevention Program, proclaiming October 19-25, 2003, as "Childhood Lead Poisoning Prevention Week". 6. PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of Joint City/County meeting of September 15, 2003 and Regular Council meeting of September 24, 2003. 8. CONSENT CALENDAR continued (Ward 4) (Ward 2) (Ward 7) (Wards2,4) Payments: Approval of department payments from September 12, 2003 to September 25, 2003 in the amount of $10,080,255.89 and self insurance payments from September 12, 2003 to September 25, 2003 in the amount of $127,135.90. Ordinances: First Reading of Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-30) of the Municipal Code by changing the zoning from an R-S 10A (Residential Suburban - 10 acre minimum lot size) zone to an E (Estate) zone on 9.93 acres located on the east side of Jewetta Avenue, approximately 660 feet north of Brimhall Road (File No. 03-0805). First Reading of Ordinance amending Section 16.16.010 of the Municipal Code relating to deletion of an obsolete reference relating to tentative maps. First Reading of Ordinance amending Sections 2.84.560 and 2.84.620 relating to Leaves of Absence for a period longer than 180 days. First Reading of Ordinance amending Section 10.28.010 of the Municipal Code relating to one-way streets, designates East 21st Street from King Street to Beale Avenue as a one-way street, West to East. Ordinance repealing Chapter 5.10 of the Municipal Code relating to Ambulances. (First Reading 9/24/03) Resolutions: Resolution authorizing the application for grant funds and participation in the California Public Utilities Commission's 2004-2005 Energy Efficiency Program. Resolution determining that certain new or used vehicles for public safety undercover work cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,500.00. Resolution adding territory, Area 3-23 (Berkshire, Granite Falls) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 452 located generally north of the Kern River, along Mohawk and east of Coffee Road. Resolution calling for the Mayor's Primary Election, and requesting consolidation with the County of Kern, for the State of California Primary Election to be held Tuesday, March 2, 2004. 2 (Ward 2) (Ward 4) (Ward 1) (Ward 4) (Ward 2) (Ward 2) (Ward 4) (Ward 4) CONSENT CALENDAR continued m. Resolution regarding Agreement No. 97-65 with Kem-Tech, inc. authorizing release of lien of equipment for a payment of $32,235.00. n. Amendment No. 1 to Resolution No. 51-00 authorizing City representatives to acquire Federal surplus property. Agreements: Agreement to indemnify LAFCO for City Annexation No. 439, Proceeding 1353, uninhabited territory located at the northwest corner of Allen Road and Reina Road. Agreement to Indemnify LAFCO for City Annexation No. 442, Proceeding 1357, uninhabited territory located east of Oswell Street, south of Zephyr Lane, generelly south of State Highway 58. Agreement with Delfino, LLC, a limited liability company to purchase real property on Stockdale Highway approximately 300 east of Heath Road for $174,000.00 for the Westside Parkway. Agreement with Gregory D. Bynum & Associates Inc. to purchase real property on Truxtun Avenue approximately 50 feet west of the Atchison Topeka and Santa Fe Railroad Bridge for $7,000.00 land to be used as right of way for the Westside Parkway. Amendment No. I to Lease Agreement No. PW03-025 to lease real property located at 5601 A Rosedale Highway for the Westside Parkway. Purchase Agreement and Lease Agreement with Donna Lynn Barton for 58.32 acres located approximately 1/4 mile south of Panama Lane and west of South Mount Vernon Avenue extended for $233,280.00 for the Wastewater Treatment Plant No. 2 Municipal Farm. Ditch Eradication and Pipeline Easement Agreements with 1) Tim Banks and Sharon Banks and 2) Donald G. Wattenbarger and Connie R. Wattenbarger for contiguous parcels located northeast of Snow Road and Calloway Drive. Final Tract Map and Improvement Agreements with D. R. Horton Los Angeles Holding Company, Inc. for Tract 6107, Phase 2, located north of Hageman Road and east of Calloway Drive. Memorandum of Understanding with North Bakersfield Recreation and Parks District for use of two (2) lighted fields at the 40-acre park at Stockdale Highway and Buena Vista Road. Agreement with Bakersfield City Employees Credit Union for license to locate ATM Machines at the Police Department and Public Works Corporation Yard. 8. CONSENT CALENDAR continued 2004 Health Care Contracts: Amendment No. 11 to Agreement No. 93-267 with Blue Cross of California for Indemnity Health and Dental Services. Amendment No. 10 to Agreement No. 93-266 with Blue Cross/California Care Health Plans for Medical Services. Amendment No. 7 to Agreement No. 96-148 with Blue Cross of California for the Medicare Risk Plan Senior Secure. Amendment No. 6 to Agreement No. 97-320 with Kaiser Permanente Health Plans for Medical Services. Amendment No. 6 to Agreement No. 97-321 with Kaiser Permanente Health Plans for Medical Services for Retirees. Amendment No. 12 to Agreement No. 91-280 with Dedicated Dental Systems, Inc. for pre-paid Dental Services. Amendment No. 11 to Agreement No. 92-278 with Medical Eye Services and Securtiy Life Insurance Company for Vision Services. Amendment No. 7 to Agreement No. 96-149 with PacifiCare Inc. for the Medicare Risk plan Secure Horizons for retirees. 9. Amendment No. 3 to Agreement No. 00-262 with Pacific Union Dental for pre- paid Dental Services. 10. Amendment No. 3 to Agreement No. 00-263 with PacifiCare Behavioral Health of California for Managed Mental Health Care. 11. Amendment No. 4 to Agreement No. 96-220 with PacifiCare Behavioral Health of California for Employee Assistance Services. aa. Amendment No. 1 to Consultant Agreement No. 03-261 with Pacific Engineering Associates, Inc. ($100,000.00) for Project Management Services on various Capital Projects. Amendment No. 1 to Agreement No. CA01-017 in an amount not to exceed $15,000.00 (total contract of $40,000.00) with Larry F. Peake of Wall, Wall & Peake for outside legal services in the matter of O'Leary v. City of Bakersfield. Bids bb. Accept bids from Stewart Electric Supply Company ($65,976.42) U. S. Traffic Corporation ($24,026.21), 3M Company ($18,352.30), McCain Traffic Supply ($5,265.76), and GDI Communications ($3,519.77) for Traffic Signal Equipment (total $117,140.46). 4 8, CONSENT CALENDAR continued (Ward 4) (Ward 2) CC. Accept bid from Econolite Control Products ($50,173.74) for three (3) traffic vision detection systems for Public Works Department. dd. Accept bid to award contract to Municipal Maintenance Equipment ($598,756.76) to furnish and install nine (9) heavy duty vehicle hoists at the City Corporation Yard. ee. Accept bid from Fork Lift Specialties, Inc. ($42,528.92) for two (2) additional 6,000 pound Fork Lifts for the Wastewater Treatment Division of Public Works. Accept bid from Thorp's Harley Davidson, Inc. ($126,413.31) for seven (7) replacement police special motorcycles. gg. Accept bids from Downtown Ford ($428,914.82) for nineteen (19) replacement Police Special Sedans. hh. Accept bid from Griffith Company ($149,975.00) for construction of the "Rio Vista Park Lake Pipeline Facilities" for the Water Resources Department. Miscellaneous ii. Appropriate $1.75 million CalHFA loan proceeds to the Southeast Project Area, Capital Improvement Budget within the Operating Fund for land acquisition and development of 160 affordable housing units at Citywalk. jj. Appropriate $12,000.00 in contributions from Hall Ambulance Service, Inc. for their share of the Traffic Preemption Project within the Capital Outlay Fund. 9o (Ward 3) (Ward 3) Staff recommends adoption of Consent Calendar items a through jj. HEARINGS Reopen public hearing and receive testimony to determine whether the public interest and necessity require acquisition by eminent domain of approximately 22 acres of real property (portion of APN 436-054-02) located south of Alfred Harreil Highway and west of Fairfax Road for a buffer zone for the Old Bakersfield Sanitary Landfill (Code of Civil Procedure Section 1245.230, et seq.). Staff recommends adoption of a Resolution of Necessity. b. Continued public hearing to consider Resolution upholding and modifying the decision of the Planning Commission approving Vesting Tentative Tract Map 6148 and the Negative Declaration, denying the appeals by the Sierra Club and Sage Community Group, Inc. Staff recommends continuation of the public hearing to the October 22, 2003 City Council meeting. (Ward 3) 10. 11. 12. 13. 14. HEARINGS continued c. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract Map 6191 and the Negative Declaration, denying the appeal by the Sierra Club (Ralph W. Miller, Trustee). Staff recommends continuation of the public hearing to the October 22, 2003 City Council meeting. REPORTS DEFERRED BUSINESS NEW BUSINESS COUNCIL AND MAYOR STATEMENTS ADJOURNMENT pi 10/2/0311:45 am Respectfully submitted, Alan Tandy City Manager TO: FROM: THROUGH: SUBJECT: B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM October 3, 2003 HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSOR',-ASSlSTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - OCTOBER 8, 2003 COUNCIL MEETING REGULAR MEETING 5:15 p.m. Closed Session: There are three closed session items: 1) conference with legal counsel regarding existing litigation; 2) conference regarding the MOU's for the Firefighters and Engineers Unit, and Fire Supervisory Unit of the Fire Department; and 3) discussion regarding City Attorney appointment/employment. (It may be necessary to continue this item after the remaining business has been completed.) CONTINUATION OF REGULAR MEETING - 7:00 Presentations: There will be a presentation by Mayor Hall proclaiming October 19-25, 2003 as "Childhood Lead Poisoning Prevention Week." CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8f. First Readinq of an Ordinance Amendinq the Municipal Code Relatina to One-Way Streets. Representatives from the Bakersfield Rescue Mission request that East 21st Street between King Street and Beale Avenue be designated as a one-way street. This will provide more parking directly in front of the Bakersfield Rescue Mission by allowing diagonal parking on both the south and north side of East 21st Street. The ordinance amendment will establish East 21st Street between King Street and Beale Avenue as a one-way, west to east, street. HONORABLE MAYOR AND CITY COUNCIL OCTOBER 8, 2003 PAGE 2 Resolutions: Item 8h. Resolution Authorizinq the Application for Grant Funds and Particioation in the California Public Utilities Commission's 2004-05 Enerqy Efficiency Proaram. The CPUC has set aside money from electric and gas public goods charges to fund a Energy Efficiency grant program to pay to educate the public and lead to energy savings state wide. Pacific Gas & Electric Company ("PG&E") and Staple/Hutchinson and Associates (a Marketing Agency) are seeking to partner up with local governments to create a plan which will not only educate the public, but also provide audits of energy use. This application provides that 20% of the grant award would be shared between the City and County ($1 million each) toward making necessary energy-saving improvements to City/County owned facilities. If the CPUC awards funds for the Bakersfield/Kern County program, a separate agreement with the City and County will be signed. The Board of Supervisors approved a resolution September 23, 2003, authorizing the County's participation in the Program. Item 8i. Resolution Reqardinq New or Used Vehicles for Public Safety Undercover Work. In the FY 2003-2004 budget, six new or used vehicles were approved for the Police Department for undercover work. The exact type of vehicles purchased will be dependent upon the service requirements. The unique characteristics involved with the purchase of used vehicles makes it impractical to follow the normal bidding procedures, therefore, staff recommends the Council dispense with bidding requirements and authorize the Finance Director to negotiate a price not to exceed $135,500 for the purchase. In dispensing with the normal bidding process, the City is able to negotiate directly with the various vendors thereby securing the best price available on the open market and maintaining the confidentiality necessary in purchasing vehicles for use in undercover work. Item 8m. Resolution reqardinq the Aqreement with Kern-Tech, Inc. Authorizinq Release of Lien of Equipment for a Payment of $32,235. Due to a variety of unfortunate events, Kern-Tech, Inc. has indicated that it cannot pay the outstanding balance of its loan. During its five year loan term, Kern- Tech exceeded its hiring goals of Iow- and moderate-income individuals. A local manufacturer has offered to lease Kern-Tech's equipment, hire its employees, and continue work on existing contracts. Kern-Tech's president will continue to pay suppliers, past payroll taxes, and other bills with the money received from the lease payments to Kern-Tech. The proposed buyer of Kern-Tech will not go forward with the purchase if the City's loan remains in place. If the purchase does not go forward, the offer to hire Kern-Tech's existing employees will be negated. In such a scenario,, the president has indicated he will be forced to immediately declare bankruptcy. The Budget and Finance Committee met and supports staff recommendations to declare Kern-Tech in default, release the liens on the equipment in order to allow the purchase of the business to proceed, and, in return, make a claim on the remaining $32,235 from the purchase agreement after paying ail other secured debt. By releasing the equipment and receiving the remaining cash in return, the City would realize 74% of the market price for some of the equipment without having to relocate it and attempt to sell it in an uncertain market. The City also would help to assure that the existing Kern- Tech employees retain their jobs. Item 81. Resolution Callinq for the Mayor's Priman/Election. and Reauestina Consolidation with Kern County for the State Primary Election to be held Tuesday. March 2. 2004. The California State Primary Election is set for March 2nd. The City Charter requires that a Primary Municipal Election for the Office of Mayor be held concurrently with the State Primary. This Resolution requests the County Board of Supervisors take the necessary steps to consolidate this election. HONORABLE MAYOR AND CITY COUNCIL OCTOBER 8, 2003 PAGE 3 Aqreements: Item 8q. Aqreement with Delfino, LLC, to Purchase Real Prooertv on Stockdale Highway for the Westside Parkway in the amount of $174.000. The property consists of a 1.9 acre vacant single family lot located on Stockdale Highway, approximately 300 feet east of Heath Road. The purchase price represents the fair market value as determined and confirmed by local appraisers. Item 8r. Aqreement with Greq0ry D. Bynum ~ Associates, Inc. to Purchase Real Prooertv on Truxtun Avenue for the Westside Parkwav in the amount of $7.000. The property consists of a 60,374 sqLtare foot triangular shaped parcel located on Truxtun Avenue, approximately 50 feet west of the Atchison Topeka and Santa Fe Railroad Bridge. The purchase price represents the fair market value as determined by a local appraiser. Item 8~. Amendment NO. 1 to Lease Aqreement No. PW03-025 to lease Real Properly Located at 5601 A Ro~edale Hiqhway for the We~tside Parkway. The property consists of a 4,000 +/- square foot commercial building located at the southeast corner of Rosedale Highway and Mohawk Street. Prior to the City expressing an interest in the property, the former tenant relocated with four months remaining on the lease. It was beneficial to assume the balance of the lease to keep the building vacant during the acquisition process to alleviate the need to relocate a tenant later. Due to delays in acquiring the property, it is necessary to extend the lease until the end of the current calendar year. Item 8t. P~rchase and Lease Aqreements with Donna Lynn Barton for Real Prooertv for the Wastewater Treatment Plant No. 2 Municipal Farm in the amount of $233.280. The recent expansion of the Treatment Plant was funded using a State Revolving Fund loan. A condition of the loan requires the City to purchase farm land for future effluent spreading operations. The purchase price is a product of negotiations based on an appraisal by a local appraiser. As part of the consideration, the seller wanted the right to farm the property for an additional year, which will allow the City time to incorporate the property into the City's farm. The Lease Agreement covers that period. This purchase is paid from the Sewer Enterprise Fund. The property is located approximately ~A mile south of Panama Lane and west of South Mount Vernon Avenue extended, which is in an unincorporated area. Item 8w. Memorandum of Understandinq with North Bakersfield Recreation and Parks District (NBRPD) for Use of Two Liqhted Fields at the 40-acre Park at StOckdale Hiahwav and Buena Vista Road. On July 10, 2002, Council denied an appeal by NBRPD of the City Board of Zoning Adjustment's decision to modify a CUP at Liberty Park. By a resolution, Council agreed to reserve and guarantee time for practices and games for NBRPD at the 40-acre park, which has yet to be developed. The MOU provides two lighted fields in the park, for which the City will be responsible for maintenance and repairs. The City will install light meters on the two fields and NBRPD will pay for all electrical charges for the fields. The City and NBRPD will memorialize details of usage, permits, insurance and indemnification language at a later date after the fields are completed. Item 8x. Aqreement with Bakersfield City Employees Credit Union for License to Locate ATM Machines at the Police Department and Public Works Corporation Yard. The Bakersfield City Employees Credit Union has asked the City if ATM machines could be placed on City facilities as a service to our employees. The agreement makes the Credit Union responsible for maintenance and operations of the machines. There is no cost to the City resulting from this agreement. Item 8y. 2004 Health Benefit Contracts. The City's contracts for health insurance are up for renewal in 2004. As a cost effective measure and upon recommendation from the City's consultants, the Insurance Committee and the Personnel Committee, all medical plans were proposed to be modified. These plan changes will affect an annual savings of $601,132 out of the $1,036,585 in savings needed to meet the under-budgeted health plan premium increases. Therefore, the balance of HONORABLE MAYOR AND CITY COUNCIL OCTOBER 8, 2003 PAGE 4 additional savings needed to cover the under-budgeted plan premium increased cost is $435,453. Staff intends to cover this as follows: Cost to be covered $435,453 Less 20% employee share of those costs -87,090 Less non-General Fund share of costs -78,381 Less savings on mail order Rx plan -36,000 Less 44% of Council Contingency -44,118 Less conversion of 4 General Fund "frozen" Positions to permanent staff reductions -189,864 NET -0- Item 8aa. Amendment NO. I to Aqreement No. CA01-017 in an amount not to exceed $15,000 Itotal contract of $40.0003 with Larry F. Peake of Wall, Wall & Peake for Outside Leqal Services. The law firms of Wall, Wall & Peake was hired to perform legal services for the City. The case has now been settled in its entirety. The Amendment is recommended to cover the remaining expert and legal fees plus costs. Bids: Item 8bb. Award Contracts to Stewart Electric SUDDIv ComDanv ($65.976.42}, U.S. Traffin Corooration {$24.026.21), 3M com~3anv ~$18.352.30), McCain Traffic SuDolv {$5.265.76} and GDI Communications ~$3.519.77) for Traffic SiQnal E(~uiDment ~total $117,140.46). This equipment will be used at four locations and is funded from both Transportation Development and Gas Tax Funds. Eight acceptable bids were received. Staff recommends splitting the awards to get the best pricing. Item 8cc. Award Contract to Econolite Control Products for Three Traffic Vision Detection System,~ for the Public Work~ Department in the amount of $50,173.74. This equipment will be used at three locations and is funded from both Transportation Development and Gas Tax Funds. Three acceptable bids were received. Staff recommends award to Econolite Control Products. Item 8dd. Award Contract to Municipal Maintenance to Furnish and Install Nine Heavy Duty Vehicle Hoists at the Corooration Yard in the amount of $598,756.76. This item is for replacement of heavy duty vehicle hoists. Three acceptable bids were received. Staff recommends award to Municipal Maintenance Equipment. Item 8ee. Award Contract to Fork Lift Specialties, Inc. for Two 6,000 Pound Fork Lifts for the Public, Works Deoarfment in the amount of $42.528.92. This additional equipment will be used by the Wastewater Treatment division. One acceptable bid was received. Staff recommends award to Fork Lift Specialties, Inc. Item 8ff. Award Contract to Thorp's Harlev Davidson, Inc. for Seven Reolacement Police Specia~l Motorcycles in the amount of $126,413.31. One acceptable bid was received. Staff recommends award to Thorp's Harley Davidson, Inc. Item 8(3q. Award Contract to Downtown Ford for Nineteen Replacement Police Special Sedans in the amount of $428.914.82. Three acceptable bids were received. Staff recommends award to Downtown Ford. Item 8hh. Award Contract to Griffith Comoanv for Construction of the ~Rio Vista Park Lake Pipeline Facilities" for the Water Resources Deoartment in the amount of $149,975. This pipeline will provide water to the recharge lakes. Funding is provided from Proposition 12 grant funds. Nine acceptable bids were received. Staff recommends award to Griffith Company. HONORABLE MAYOR AND CITY COUNCIL OCTOBER 8, 2003 PAGE 5 Miscellaneous: Item 8ii. Aoorooriate $1.75 Million C~_IHFA Loan Proceeds to the Southeast Proiect Area, Capit~l Improvement Budaet within the Operatinq Fund for Land Acquisition and Develooment of 160 Affordable Housina Units at Citvwalk. In April, 2003, the Bakersfield Redevelopment Agency (RDA) authorized the submittal of a $2.0 million California Housing Finance Authority (CalHFA), HELP Loan application to assist with site acquisition and development costs associated with the160 unit, multi- family affordable housing development located in the Southeast Redevelopment Project Area at Citywalk. In June, 2003, the RDA was awarded $1.75 million in HELP loan funds to be repaid over a period of 10 years from various resources including available Southeast Project Area, tax increment funds. This action appropriates these funds so they may be expended once the Disposition and Development Agreement is approved. Item 8ii. Aoorooriate $12.000 in Contributions from Hall Ambulance Service, Inc. for Their Share of the Traffic Preemotion Proiect within the Ce, pital Ovtlay Fund. Hall Ambulance Service, Inc. contributed $12,000 to the City on September 4, 2003 for the purchase and installation of Opticom Priority Control Systems, according to Agreement No. 96-245 (1). This action appropriates these funds so they may be expended. HEARINGS Item 9a. Reooen Public Hearina reQardina the Use of Land Located South of Alfred Harrell Hiqhwa¥ and West of F~irfax Road for a Buffer Zone for the Old Bakersfield Sanitary Landfill. The public hearing on this matter was opened on September 24t~ and continued to this date. The Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council, not two- thirds of a quorum of the members present. Efforts are being made for staff to meet with the property owners to address questions they expressed at the last meeting. If such a meeting can take place before the Council meeting, an additional report will be forwarded to Council. Item 9b. Continued Public Hearinq reaardina Vestinq Tentative Tract Map 6148 and the Appeals by the Sierra Club and Saq~ Community Group, Inc. The City Council continued the public hearing for this appeal from September 10, 2003 to October 8, 2003 at the request of Sage Community Group, Inc. Discussions are continuing with the developer. Sage Community Group requests continuing the hearing to October 22, 2003. Item 9c. Resolution Uoholdinq the Decision of the Plannina Commission aoorovina Vestina TentativP, Tract MaD 6191 and the Neaative Declaration. Denvina the ADoeal by the Sierra Club. On August 21, 2003, the Planning Commission adopted a Resolution conditionally approving Vesting Tentative Tract Map 6191 proposed by Porter-Robertson Engineering, the applicant representing Blumer Development, Inc. Tract 6191 is located on the south side of Paladino Drive, west of Morning Drive. Gordon I. Nipp, of the Sierra Club filed an appeal to the Planning Commission's approval of the Tract and Negative Declaration on the grounds that cumulative impacts to air quality, traffic and biological resources are significant. The applicant has requested continuance of this item to October 22, 2003 pursuant to a request by the appellant. The applicant has expressed a desire to attempt to obtain an agreement with the appellant. AT:JWS:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 19, 2003 APPROVED DEPARTMENT HEAD ~. CITY ATTORNEY ~ CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Pauline Maxwell vs. City of Bakersfield Kern County Superior Court Case No. 248864 RJA RECOMMENDATION: BACKGROUND: BJT:dll September 19, 2003. 11:00AM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Closed Session ITEM: ~. ~O. TO: FROM: DATE: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager DEPARTMENT HEAD September 29, 2003 CITY ATTORNEY APPROVED cITY MANAGER SUBJECT: Closed Session pursuant to Government Code 54957; Memorandum of Understanding for the Firefighters and Engineers Unit of the Fire Department of the City Of Bakersfield and Memorandum of Understanding for the Fire Supervisory Unit of the Fire Department of the City Of Bakersfield Update RECOMMENDATION: BACKGROUND: September 29, 2003, 10:30AM S:~ADMINRPT~Fire MOU Update.dot ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Closed Session ITEM: ~. C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~k/ APPROVED Carroll Hayden, Human Resources Manager DEPARTMENT HEAD O'TL~ September 29, 2003 CITY ATTORNEY ~ CITY MANAGER Closed Session pursuant to Government Code 54957; Public Employee AppointmentJErnployment - City Attorney RECOMMENDATION: BACKGROUND: September 29, 2003, 10:32AM S:~ADMINRPT~CA II Briefing.dot ADMINISTRATIVE REPORT MEETING DATE: September 26, 2003 AGENDA SECTION: Presentations ITEM: ~). TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall  .~OVED DEPARTMENT HEAD.__~I~_ October 8, 2003 CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Jane Yadon, Coordinator, Childhood Lead Poisoning Prevention Program, proclaiming October 19-25, 2003, as "Childhood Lead Poisoning Prevention Week". RECOMMENDATION: BACKGROUND: ndw September 25, 2003, 5:30PM S:\MAYOR~ADMIN\CHILDHOOO LEAD POISONING PREVENTION WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, ~. TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk September 19, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Minutes of the Joint City/County meeting of September 15, 2003 and Regular Council meeting of September 24, 2003 for approval. RECOMMENDATION: Staff recommends approval. BACKGROUND: September 19, 2003, 11:20AM S:\Council\admins~2003~OCT 8, 2003,dot ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar TEM: ~. ID. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 25, 2003 DEPARTMENT HEAD ~,~,~VE D c,.., ATTOR. - ClTY MANAGER SUBJECT: Approval of department payments from September 12, 2003 to September 25, 2003 in the amount of $10,080,255.89 and self insurance payments from September 12, 2003 to September 25, 2003 in the amount of $127,135.90. RECOMMENDATION: Staff recommends approval of payments totaling $10,207,391.79. BACKGROUND: k~g September 25, 2003, 4:43PM S:\KimG\Forms & Lables~ADMIN~AP.doc MEETING DATE: ADMINISTRATIVE REPORT October 8, 2003 AGENDA SECTION: Consent ITEM: ~, ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 29, 2003 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ~",,-"~-" -- CITY MANAGER An ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-30) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-S IOA (Residential Suburban -10 acre minimum lot size) zone to an E (Estate) zone on 9.93 acres located on the east side of Jewetta Avenue, approximately 660 feet north of Brimhall Road (File No. 03-0805). (Ward 4). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On September 4, 2003, the Planning Commission adopted Resolution No. 125-03 recommending approval of proposed Zone Change File # 03-0805 from a residential zone requiring a 10-acre minimum lot size to an Estate zone with a 10,000 square foot minimum lot size acres located on the east side of Jewetta Avenue, approximately 660 feet north of Brimhall Road. The 9.93-acre property is depicted as Suburban Residential designation on the General Plan Land Use Element Map. The proposed zone change is consistent with the Land Use designation. The developer has received approval of Tract 6220 by the Planning Commission to develop single family residential homes. No one spoke on this zone change during the Planning Commission hearing. The applicant has agreed to conditions as shown on Exhibit "A" of the ordinance. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area. A Negative Declaration was prepared and the Initial Study is attached as background material. JE Admin\oct\l 0-8-0805 ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: 5, ~, TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~ DATE: September 29, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: An ordinance amending Section 16.16.010 of the Bakersfield Municipal Code relating to deletion of an obsolete reference relating to tentative maps. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The proposed ordinance is another ~clean-up" amendment to Title 16 of the Bakersfield Municipal Code, Subdivision Ordinance. The amendment would delete an obsolete reference to Section 16.16.040, which no longer exists in the Code. After a public hearing on July 17, 2003, the Planning Commission adopted Resolution No. 113-03 recommending their approval of this amendment to the City Council. The proposed ordinance amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), General Rule. VG:alj September 29. 2003, 10:59AM S:\COUNCIL~Admins~I 6.16.010Amend.doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 22, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ ClTY MANAGER SUBJECT: Ordinance amending Bakersfield Municipal Code sections 2.84.560 and 2.84.620 relating to Leaves of Absence for a period longer than 180 days. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: Section 17 of the Charter of the City of Bakersfield provides that "No member of the Council shall, except insofar as necessary in the performance of the duties of his or her office, directly or indirectly take any part in the appointment, promotion or dismissal of any officer or employee in the service of the City, other than officers or employees of the employees of the Council." Paragraph 6, Section 36 of the Charter (Duties of the Manager) provides, in pertinent part, 'q'o appoint and remove.., all officers and subordinate officers and employees.., in both the classified and unclassified service .... "Bakersfield Municipal Code section 2.72.050 codifies Section 17 of the Charter and specifies the City Manager shall be responsible for administration of personnel and compensation policies as authorized by the Charter. In reviewing Bakersfield Municipal Code sections 2.84.560 and 2.84.620, an inconsistency with the Charter and Bakersfield Municipal Code section 2.72.050 was noted. These sections, both of which deal with Leaves of Absence without Pay, provide that any such leaves for a period longer than 180 days must be approved by the Council. Since denial of such an extension of leave results in the "employee's service with the city shall be considered terminated" (BMC § 2.84.560(D)), Council consideration/action would be contrary to the limitations imposed by the Charter as the Council would/could be "dismissing" an employee. Alternatively, simply presenting the matter to the Council for "rubber stamping" the Manager's determination would be interpreted to be a legal nullity as the Council's action would have no discretionary basis. Thus, this requirement for Council approval of leaves of absence without pay beyond the 180 day limit should be repealed. In addition, Bakersfield Municipal Code section 2.84.560(F), Maternity Leave of Absence should also be modified to eliminate Council involvement in the decision. Finatly, Bakersfield Municipal Code section 2.84.560(I), granting Council the discretion to grant other types of leaves of absence should be eliminated as being in direct contradiction to the Charter's provisions siting such authority with the City Manager over administration of personnel and compensation policies. The proposed Ordinance amends the above cited sections to eliminate the contradictions. Staff recommends first reading of the Ordinance. S:/COU NClL~Admins~,mbulanceNewChapter5 10 doc September 22, 200:] - 10:24 AH ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: '~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 1,2003 DEPARTMENT HEAD //~ROVED CITY ATI'ORNEY /~ ClTY MANAGER Ordinance amending Section 10.28.010 of the Bakersfield Municipal Code relating to one- way streets, designates East 21st Street from King Street to Beale Avenue as a one-way street, West to East. (Ward 4) RECOMMENDATION: Staff recommends approval of Ordinance. BACKGROUND: Staff has met with representatives of the Bakersfield Rescue Mission regarding the traffic flow along East 21st Street from King Street to Beale Avenue. The Bakersfield Rescue Mission st representatives have requested that East 21 Street from King Street to Beale Avenue be designated as a one-way street. This will provide more parking directly in front of the Bakersfield Rescue Mission by allowing diagonal parking on both the south and north side of East 21 st Street. The ordinance will establish East 21st Street from King Street to Beale Avenue as a one-way street, West to East. October 1, 2003, 12:50PM RS/ds G:\GROUPDA'F~ADMINRP3~2.003~10-08\Traffic Ord Admin.doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 TO: FROM: DATE: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 26, 2003 IAGENDA SECTION: ITEM: <~. Consent Calendar APPROVED DEPARTMENT HEAD .~ ClTY A'I'rORNEY ~ ClTY MANAGER SUBJECT: Ordinance Repealing Chapter 5.10 of the Bakersfield Municipal Code Relating to Ambulances. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First Reading was held on September 24, 2003. On August 26, 2003, the Board of Supervisors of the County of Kern adopted a Resolution setting the rates which ambulance providers may charge in the City of Bakersfield. By adopting this Resolution, the Board of Supervisors exemised its statutory authority contained in Health and Safety Code sections 1797, et seq., to completely regulate the provision of emergency medical services in the County of Kern. As such, the County's assumption of this role preempts many portions of the Bakersfield Municipal Code. This Ordinance repeals, in its entirety, the City's regulation of ambulance services. Staff recommends the Council adopt this Ordinance. ~ep~'ember 2&, 2003 - 11:50 ADMINISTRATIVE REPORT I MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. h, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director September 26, 2003 APPROVED DEPARTMENT HEAD~.~ CITY ATTORNEY ClTY MANAGER A Resolution of the Council of the City of Bakersfield authorizing the application for grant funds and participation in the California Public Utilities Commission's 2004-2005 Energy Efficiency Program. RECOMMENDATION: Staff recommends approval. BACKGROUND: The California Public Utilities Commission ("CPUC") is always looking for ways to inform the public of rebate programs and methods of decreasing the amount of energy used by residential and non-residential consumers. Many rebate programs and other mechanisms encouraging energy efficiency are available, but consumers are unaware of the availability of such mechanisms. The CPUC has set aside money from electric and gas public goods charges to fund a Energy Efficiency grant program ("the Program") to pay to educate the public and lead to energy savings state wide. Pacific Gas & Electric Company ("PG&E") and Staple/Hutchinson and Associates (a Marketing Agency) are seeking to partner up with local governments to create a plan which will not only educate the public, but also provide audits of energy use. PG & E and Staple/Hutchinson and Associates have prepared a two year application totaling $10 million to the CPUC for a program to educate PG & E consumers about various ways to make their homes and businesses more energy efficient, train contractors about what energy-efficient devices are available and how to install such energy-saving devices. This application provides that 20% of the grant award would be shared between the City of Bakersfield and the County of-Kern ($1 million each) toward making necessary energy-saving improvements to City/County owned facilities. If the CPUC awards funds for the Bakersfield/Kern County program a separate agreement with the City and County will be signed. The Board of Supervisors approved a resolution September 23, 2003, authorizing the County's participation in the CPUC 2004-2005 Energy Efficiency Program. S:~Admins\City Council\PG&E grant reso.doc 9/26/2003 8:14 AM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 24, 2003 APPROVED DEPARTMENTHEAD CITY MANAGER SUBJECT: Resolution determining that certain new or used vehicles for public safety undercover work cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,500.00. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: In FY 2003-2004 budget, six (6) new or used vehicles were approved for the Police Department for undercover work. The exact type of vehicles purchased will be dependent upon the service requirements of the using Department. In dispensing with the normal bidding process, the City is able to negotiate directly with the various vendors traditionally used in the purchase of these vehicles. This allows for securing the best price available on the open market and maintaining the confidentiality necessary in purchasing vehicles for use in undercover work. Also, by purchasing the vehicles at this time of year, often new vehicles can be purchased at the same or lower cost of used vehicles and the City reaps the benefits of factory warranties on the vehicles and longer use of vehicles due to reduced mileage and wear and tear of a previous owner. The unique characteristics involved with the purchase of used vehicles makes it impractical to follow the normal bidding procedures, therefore, staff recommends the Council dispense with bidding requirements and authorize the Finance Director to negotiate a price not to exceed $135,500.00 for the purchase of six (6) new or used vehicles, to be used for undercover work. Purchasing Division DW:ljm P:~ADMiN~003 ADMIN\C03_1008_D_RESOLUTiON.doc September 25, 2003, 10:01AM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar TEM: ~,~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 25, 2003 DEPARTMENT HEAD CITY ATTORNEY ED CITY MANAGER SUBJECT: Resolution adding territory, Area 3-23 (Berkshire, Granite Falls) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On September 24, 2003 the Council adopted Resolution of Intention No. 1313 to add territory, Area 3-23 (Berkshire, Granite Falls), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6095. Area 3-23 is generally bounded by Berkshire Road on the north, a line 2000 feet east of Wible Road on the east, Hosking Avenue on the south, and Wibte Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. Lvd September 19, 2003, 8:4ZAM G:\GROUPDA'r~ADMINRPT~2003\10-08~MD3-23Est03,dot ADMINISTRATIVE REPORT rMEETING DATE: October 8, 2003 AGENDA SECTION: Consent ITEM: ~, ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 22, 2003 //~ROVED DEPARTMENT HEA%/~,¢/. C A rOR.E7' ClTY MANAGER A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 452 located generally north of the Kern River, along Mohawk and east of Coffee Road. (Wards 2 & 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 452 to the City of Bakersfield. The proposed annexation consists of 533.79 acres of uninhabited land located generally north of the Kern River, along Mohawk and east of Coffee Road. The City wishes to annex the territory to facilitate the development of both Mohawk and the Kern River Parkway. Staff has met with the property owners who have agreed to annex to the City. The property owners wish to recei~)e city services. City staff has also discussed the annexation with county staff, who support the annexation. MO:pjt p:admin\oct\10-8-452 ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: <~. L, TO: FROM: DATE: SUBJECT: Honorable Mayor and City C~u~cil / I '~ / Pamela McCarthy, City Clerl~J.~ September 29, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY '.'~. CITY MANAGER Resolution calling for the Mayor's Primary Election, and requesting consolidation with the County of Kern, for the State of California Primary Election to be held Tuesday, March 2, 2004. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The California State Primary Election is set for March 2, 2004. The City Charter requires that a Primary Municipal Election for the Office of Mayor be held concurrently with the State Pdmary. This resolution requests the County Board of Supervisors take the necessary steps to consolidate this election. The filing period for the Office of Mayor begins November 10, 2003 and ends December 5, 2003. If no one candidate receives a majority, the Charter provides for a run-off election to be held in November 2004. In either case, the new Mayor will take office on January 3, 2005. Included for Council review is the Clerk's Election Calendar. This calendar provides information regarding filing deadlines, campaign reporting deadlines and other important dates. It is available to the public from the City Clerk's Office and on the City's Web Page. October 1, 2003, 10:18AM S:\EL ECTION~Admins\MayorPdmary.dot ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 J ITEM: AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director September 30, 2003 AI~OVED DEPARTMENTHEA~'/~ ClTY MANAGER A Resolution of the Council of the City of Bakersfield Regarding Agreement No. 97-65 with Kern-Tech, Inc., authorizing release of lien of equipment for a payment of $32,235. RECOMMENDATION: Budget and Finance Committee recommends approval. BACKGROUND: On September 29, 2003, the Budget and Finance Committee recommended City Council adopt the attached Resolution authorizing a discount of the economic development loan. Kern-Tech, Inc. will pay the City $32,235. Due to a variety of unfortunate events, Kern-Tech, Inc., has indicated that it cannot pay the outstanding balance of its loan. Since the loan was approved in 1997, the company has employed about 60 employees and currently employs 18. During its five year loan term, Kern-Tech exceeded it hiring goals of Iow- and moderate- income individuals. Several negative factors contributed the collapse of the company. One of the firm's customers went bankrupt, owing Kern-Tech about $350,000. Another customer took similar action owing Kern-Tech additional $20,000. Kern-Tech was doing well with work in the commercial aircraft business until September 11, 2001 when that work stopped completely. Although the company is now involved in defense work, Kem-Tech has found that this is not as profitable as the commercial business was. A local manufacturer has offered to lease Kern-Tech's equipment, hire its employees, and continue work on existing contracts. Kern-Tech's president Mike Miller will continue to pay suppliers, pay past payroll taxes and other bills with the money received from the lease payments to Kern-Tech. Kern-Tech's president has indicated he will most likely have to declare personal bankruptcy because he has personally guaranteed many of Kern-Tech's obligations. The proposed buyer of Kern-Tech will not go forward with the purchase if the City's loan remains in place. If the purchase does not go forward, the offer to hire Kern-Tech's existing employees will be negated. In such a scenario, Mr. Miller has indicated he will be forced to immediately declare bankruptcy. C:\Documents and Settings~alawrenc. BAKERSFIELD\Local Settings\Temp\Kem tel .dcc 9/30/2003 2:44 PM ADMINISTRATIVE REPORT Page 2 Timeline Here is a chronology of events leading up this situation: March 1997: Council approves Agreement 97-65 to provide Kern-Tech with a CDBG-funded loan for $169,797 for the purchase of two pieces of equipment and computer software. The loan has a five year term with a balloon payment due in March 2002. February 2002: Budget and Finance Committee is advised by the company that it cannot make the balloon payment. The committee recommends amending the agreement to extend the loan term for six months with a 0% interest rate, keep the existing collateral in place, accept $1,000 monthly payments, and request a review of the company's financial statements in six months. March 2002: Council approves the Budget and Finance Committee recommendation to amend the agreement. September 2002: Kern-Tech co-owner Cliff David dies. September 2002: Budget and Finance Committee reviews the company's financial statements and recommends that the agreement be amended to continue the existing payment schedule with a one year review. This would provide the company an additional year to assess its status and adjust to the loss of one of its two partners. November 2002: Council approves the Budget and Finance Committee recommendation to amend the agreement. Au(~ust 2003: Kern-Tech misses its first monthly loan payment and says it will be paid along with the September payment. Auoust 2003: Kern-Tech notifies City staff that the company is near collapse and a local manufacturer has agreed to purchase the company. Staff requests additional information and a copy of the purchase agreement for analysis. September 2003: Kern-Tech misses its second monthly loan payment. Collateral The City has two types of collateral securing the loan. First, UCC filings, or liens, are being held on two pieces of equipment: Equipment "A" had an original purchase price of $155,401, and "B" $8,944. Second, a personal guaranty exists from Kern-Tech owner Mike Miller. The original personal guaranty was from both Mr. Miller and Mr. David but was subsequently amended to cover Mr. Miller following the death of Mr. David. Purchase Aqreement The buyer has offered $350,000 to pay off the existing secured debt (excluding the City's loan) and tax liabilities, pay rent, and purchase Kern-Tech equipment. Regarding the proposed equipment purchase, neither pieces "A" or "B" can be purchased as long as the City's liens remain in place. The existing secured debt, tax liabilities, and rent total $317,765, leaving a difference of $32,235 (see table below). C:\Documents and Settings~alawrenc. BAKERSFIELD\Local Settings\Ternp\Kern tel.doc 9/30/20032:44 PM ADMINISTRATIVE REPORT .ago3 Kern-Tech, Inc. Sales agreement Less: Secured debts Less: Tax debts Less: Rent Amount remaining $350,000.00 196,092.00 114,673.34 7~000.00 $32,234.66 Value of Equipment A comprehensive internet seamh of used equipment on September 4, 2003 found the same Equipment "A" on the market for $43,500, or $0.28 on the dollar of the outstanding loan balance. Equipment "B" had a relatively small pumhase price ($8,994) when purchased seven years ago and has no resale value. A search of similar equipment for sale was fruitless. "A" had the largest purchase price of any piece of Kern-Tech equipment while "B," as noted previously, had a much smaller value. Mr. Miller agrees that without "A," the deal will probably disintegrate and existing Kern-Tech workers would lose their jobs. Alternatives Alternative One: Forgive the loan. Many other economic development loans were structured as forgivable loans with no realistic thought that the City's investment would be repaid. These loans have been with Guy Chaddock and Company, Hammons Meats, Inc., Southwest Contractors / ARB, Inc., Galey's Marine Supply, Harvel Plastics, Bakersfield Civic Light Opera, Dopaco, Step2, and Pleasant Holidays. Should the loan be forgiven the City would recoup no funds. Alternative Two: Declare Kern-Tech in default, take possession of equipment "A" and "B," and sell them. In theory, this could result in recovering some of the outstanding loan amount. However, it would involve taking physical possession of the equipment, being responsible for its upkeep, then marketing it. A comprehensive internet seamh found only one such piece of used equipment for sale at present. Alternative Three: Declare Kern-Tech in default, release the liens on the equipment to allow the purchase of the business to proceed and, in return, make a claim on the remaining funds from the purchase agreement. The purchase agreement calls for $350,000 to be paid to Kern-Tech. After paying all other secured debt and rent, $32,235 remains. The Budget and Finance Committee recommends approval of Alternative Three. C:~Documents and Settings~alawrenc. BAKERSFIELD\Local Settings\Temp\Kern tel .doc 9/30/20032:44 PM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, rt. TO: Honorable Mayor and City Council ~OV.F~, FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD DATE: September 15, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Resolution 51-00 authorizing City representatives to acquire Federal surplus property. RECOMMENDATION: Staff recommends adoption of Amended Resolution. BACKGROUND: Resolution 51-00 was signed May 24, 2000, authorizing the Bakersfield Fire Department to submit an eligibility renewal application for the Federal Surplus Property Program. Said renewal has expired. In order for the department to remain eligible, a current Eligibility Renewal Application needs to be completed and signed by a Governing Board. September 30, 200~, 11:03AM S:\SUSAN~Admin Report Word\Federal Surplus.doc ADMINISTRATIVE REPORT IMEETING DATE: October 8, 2003 AGENDA SECTION: Consent ITEM: ~. O o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 25, 2003 APPROVED DEPARTMENT HEAD ~' CITY ATTORNEY ~.~"";~ CITY MANAGER Agreement to Indemnify LAFCO for City Annexation No. 439, Proceeding 1353, uninhabited territory located at the northwest corner of Allen Road and Reina Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing the annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation territory consists of 80 acres of uninhabited land. The site is located at the northwest corner of Allen Road and Reina Road. The property owner wishes to receive city services and has consented to annexation. MO:pjt Adrnin\oct\l 0-8-439 ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent ITEM: '~. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 25, 2003 APPROVED DEPARTMENT HEA,~~ CITY A'I-I'ORN E~ clTY MANAGER Agreement to Indemnify LAFCO for City Annexation No. 442, Proceeding 1357, uninhabited territory located east of Oswell Street, south of Zephyr Lane, generally south of State Highway58. (Ward 1) RECOMMENDATION: Staff recommends adoption of agreement. BACKGROUND: The Local Agency Formation Commission is processing the annexation and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owner consents to annex the site to the city. The annexation territory consists of 80 acres of uninhabited land. The site is located east of Oswell Street, south of Zephyr Lane, generally south of State Highway 58. The property owner wishes to receive city services and has consented to annexation. MO:p jr Admin\oct\l 0-8-442 ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 25, 2003 AGENDA SECTION: Consent Calendar ITEM: .~, o~ APPROVED DEPARTMENT HEAD ,~'~,,'~' ATTOR CITY MANAGER SUBJECT: Agreement with Delfino, LLC, a limited liability company to purchase real property on Stockdale Highway approximately 300 east of Heath Road for $174,000 for the Westside Parkway. 0Nard 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired is a 1.90 acre vacant single family lot located at the westem terminus of the Westside Parkway. The property is owned by Delfino, LLC, who developed the adjoining subdivision known as "Legacy" with finished homes priced between $300,000-$750,000. The purchase price of $174,000 represents the property's fair market value as determined by an appraisal prepared by Dallas Higdon & Associates and reviewed Michael Burger & Associates. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. September 25, 2003, 3:12PM P:\MyFiles~Admin Reports\defino.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar IITEM: ~. F, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 26, 2003 CITY MANAGER SUBJECT: Agreement with Gregory D. Bynum & Associates Inc. to purchase real property on Truxtun Avenue approximately 50 feet west of the Atchison Topeka and Santa Fe Railroad Bridge for $7,000, land to be used as right of way for the Westside Parkway (Ward 2). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired is a 60,374 square foot triangular shaped parcel located near the eastern terminus of the Westside Parkway. The property is owned by Gregory D. Bynum & Associates Inc., who developed the adjoining office complex south of Truxtun Ave and the AT&SF railway bridge. The purchase price of $7,000 represents the property's fair market value as determined by an appraisal prepared by Randall A. Franz, MAI of the independent real estate appraisal firm, Kern Appraisal Company. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. September 26, 2003, 8:25AM P:\admin repor[s\parkway bynum.doc DMNs ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar TEM: '~, ~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 30, 2003 APPROVED DEPARTMENT HEAD ~/ / - CITY ATTORNEY ~ CITY MANAGER SUBJECT: Amendment # 1 to Lease Agreement PW03-025 to lease real property located at 5601 A Rosedale Highway for the Westside Parkway (Ward 2). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has begun actively acquiring properties for the Westside Parkway. This property is located at the southeast corner of Rosedale Highway and Mohawk Street which will be expanded as part of the Westside Parkway project. It is improved with a 4,000 +/- s.f. commercial building. Prior to the City's expressing an interest in the property the former tenant relocated to a new building with four months remaining on their lease. It was determined that it would be beneficial to assume the balance of the lease to keep the building vacant during the acquisition process to alleviate the need to relocate a commercial enterprise. Due to unusual circumstances encountered during the appraisal process the acquisition of the building has been delayed. Due to these circumstances, the buildings owner has requested city to extend the lease until the end of the current calendar year or until we conclude negotiations for acquisition. September 30, 2003, 4:00PM Jws, p: mangus ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~.. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 30, 2003 AP,PROVED DEPARTMENT HEAD city CITY MANAGER SUBJECT: Purchase agreement and lease agreement with Donna Lynn Barton for 58.32 acres located approximately ¼ mile south of Panama Lane and west of South Mount Vernon Avenue extended for $233,280 for the Wastewater Treatment Plant No. 2 municipal farm. RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: The City of Bakersfield is acquiring property for the Wastewater Treatment Plant No. 2 municipal farm for future wastewater spreading operations. Wastewater Treatment Plant No. 2 was recently expanded from a capacity of 19 to 25 m.gd. The expansion was funded using a State Revolving Fund loan. A condition of the loan requires the City purchase 990 acres of farm land for future effluent spreading operations. To date the City has acquired three properties: on September 21, 1998, City acquired the first 165 acres from the United States Department of Agriculture; on June 22, 1999, City acquired 160 acres from Nalbandian and Hutson Partnership; and on July 9, 1999, the City acquired 314.5 acres from Porter Farms. This is the fourth acquisition and while the property is only 58.32 acres its' location makes it ideal for incorporation into the City's existing farm. The property consists of Kimberlina fine sandy loam, Class 1 soil with a Storie Index of 95 currently growing alfalfa. The source of irrigation water is pumped groundwater. The well was recently completed and currently pumps 800 g.p.m, and could pump 2,000 g.p.m, with bigger bowls. The pumping plant consists of a Johnston pump with an Amarillo gear-head rated at 80 h.p. powered by a 471 GMC diesel motor. The purchase price of $233,280 is a product of negotiations based on an appraisal prepared by AGT Appraisal Company. As a part of the consideration for the property the seller wanted the right to farm the property for an additional year. This will us time to incorporate the property into the City's farm. The attached lease is for that period. These purchases are being paid for by the Sewer Enterprise Fund. Since the property is located in the unincorporated area of the County, the Kern County Planning Department has been asked to review the proposed acquisition and find it consistent with the Metropolitan Bakersfield 2010 General Plan. A Phase 1 Environmental Site Assessment was prepared by the City Environmental Services Division. September 30, 2003, 3:56PM P:\MyFiles~Admin Reports\60acre2 doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~'. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager September 26, 2003 DEPARTMENT HEAD ~,,~OVED CITY ATTORNEY ,~[ ~/~'~ CITY MANAGER Ditch Eradication and Pipeline Easement Agreements with (1) Tim Banks and Sharon Banks and (2) Donald G. Wattenbarger and Connie R. Wattenbarger for contiguous parcels located northeast of Snow Road and Calloway Drive. (County) RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: In 1977, the City of Bakersfield purchased water rights from Tenneco West, inc. In that transaction the City also acquired various canals, easements and right of ways associated with the distribution and delivery of irrigation water. Subsequently, as farm land is replaced by urban development, certain open canals and ditches are converted to underground pipelines. When this occurs, the property owner(s) or developer(s) request the City formally abandon the open canal easement so they may convert it to pipeline. In northwest Bakersfield, near Calloway Road and Snow Road, two adjoining property owners have requested to relocate and convert to pipeline portions of what is known as the Beardsley "Four Ditch". The quitclaiming of this portion and underground relocation of the ditch will reduce City maintenance costs and remove liability to the City due to the open ditch. The property owners are: Donald G. Wattenbarger and Connie R. Wattenbarger, Trustees of the Wattenbarger Living Trust, dated May 4, 1994; and Tim Banks and Sharon Banks. The Water Resources Department has reviewed their request and has determined the canal relocation will not disrupt required water service to downstream customers. The Water Board has reviewed and recommended City Council approval of the quitclaim deeds and new canal easement at its regular meeting of September 17, 2003. October 1, 2003112:47PM S:~2003 ADMIN RPTS\QC & New canal ease(2).doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Catendar TEM: ~. V, TO: FROM: DATE: SUBJECT: (1) Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 19, 2003 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAGER Tract Maps and Improvement Agreements Final Map and Improvement Agreements with D. R. Horton Los Angeles Holding Company, Inc. for Tract 6107 Phase 2 located north of Hageman Road and east of Calloway Drive. (Ward 4) 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. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED 1N THE CITY CLERK'S OFFICE FOR REVIEW. td September 19, 2003, 10:01AM G:~GROUPDA'iSADMINRPT~2003\10-08\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE MEETING DATE: REPORT I October 8, 2003 I AGENDA SECTION: Consent Calendar ITEM: ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Christensen, Assistant City Manager September 26, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Memorandum of Understanding with North Bakersfield Recreation and Parks District for use of. two(2) !ighted fields at the 40-acre park at Stockdale Highway and Buena Vista Road, (Ward 4) RECOMMENDATION: Staff recommends approval of the MOU. BACKGROUND: On July 10, 2002, the City Council denied an appeal by NBRPD of the City Board of Zoning Adjustment's decision to modify a CUP at Liberty Park. By resolution 124-02, the City Council agreed to reserve and guarantee time for practices and games for NBRPD at the 40-acre park, which has yet to be developed. The MOU provides two lighted fields in the park when it is developed. City will be responsible for maintenance and repairs. City will install light meters on the two fields. NBRPD will pay for all electrical charges for the field. City and NBRPD will memorialize details of usage, permits, insurance and indemnification language at a later date after the fields are completed. JS:j$ S:~CkAdmir) Rpts\MOU for fields-NBRPD 10-8~03.doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~. X. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager September 26, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNE~ CITY MANAGER Agreement with Bakersfield City Employees Credit Union for License to Locate ATM Machines at the Police Department and Public Works Corporation Yard RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Bakersfield City Employees Credit Union has asked the City if ATM machines could be place on City facilities as a service to our employees. The agreement makes the Credit Union responsible for maintenance and operations of the machines. The machines will be placed in locations where they are convenient for employees but would not distract them from performing their duties. There is no cost to the City resulting from this agreement. AC:ac S:~AC~Admin Rpts/bak employees credit union ATM agrt 10-8-03 doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 TO: FROM: DATE: IITEM: ~. Honorable Mayor and City Council Carroll Hayden, Human Resources Manager September 29, 2003 AGENDA SECTION: Consent APPROVED DEPARTMENT HEAD..~__ ClTY ATTORNEY ./____~¢~ ClTY MANAGER SUBJECT: 2004 HEALTH CARE CONTRACTS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Amendment No. 11 to Agreement No. 93-267 with Blue Cross of California for Indemnity Health and Dental Services. Amendment No. 10 to Agreement No. 93-266 with Blue Cross/California Care Health Plans for Medical Services. Amendment No. 7 to Agreement No. 96-148 with Blue Cross of California for the Medicare Risk plan Senior Secure. Amendment No. 6 to Agreement No. 97-320 with Kaiser Permanente Health Plans for Medical Services. Amendment No. 6 to Agreement No. 97-321 with Kaiser Permanente Health Plans for Medical Services for retirees. Amendment No. 12 to Agreement No. 91-280 with Dedicated Dental Systems, Inc. for pre-paid Dental Services. Amendment No. 11 to Agreement No. 92-278 with Medical Eye Services and Security Life Insurance Company for Vision Services. Amendment No. 7 to Agreement No. 96-149 with PacifiCare Inc. for the Medicare Risk plan Secure Horizons for retirees. Amendment No. 3 to Agreement No. 00.262 with Pacific Union Dental for pre- paid Dental Services. Amendment No. 3 to Agreement 00-263 with PacifiCare Behavioral Health of California for Managed Mental Health Care. Amendment No. 4 to Agreement 96-220 with PacifiCare Behavioral Health of California for Employee Assistance Services. September 29, 2003, 5:15PM gr: S:~ADMINRPT~Health Insurance 2004.doc ADMINISTRATIVE REPORT RECOMMENDATION: The Personnel Committee recommends approval of the amendments. BACKGROUND: The City's contracts for health insurance are up for renewal for 2004. Our health care consultants, Buck Consultants, have worked with the various vendors in arriving at the renewal rates for 2004. As a cost effective measure and upon recommendation from our consultants, the Insurance Committee and the Personnel Committee, all medical plans (Blue Cross, PPO, Blue Cross HMO, and Kaiser) were proposed to be modified. Pharmacy plans will change from a $5/$10 copay to a $10/$20 copay. The HMO co pays will change from a $5 copay to a $10 copay. The Blue Cross Prudent Buyer plan will change from a $150 deductible to a $200 deductible. These plan changes will effect an annual savings of $601,132 out of the $1,036,585 in savings needed to meet the under budgeted health plan premium increases. Therefore, the balance of additional savings needed to cover the under budgeted plan premium increased cost is $435,453. Staff intends to cover this as follows: Cost to be covered Less 20 % employee share of those costs Less non-General Fund share of costs Less savings on mail order Rx plan Less 44% of Council Contingency Less conversion of 4 General Fund "frozen" positions to permanent staff reductions $435,453 -87,090 -78,381 -36,000 -44,118 -189,864 NET -0- September 29, 2003, 5:15PM gr: S:~ADMINRP'F~Health Insurance 2004,doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: 8.2.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director September 15, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Amendment No. 1 to Agreement No. 03-261 Consultant Agreement with Pacific Engineering Associates, Inc. ($100,000) for Project Management Services on various Capital Projects. RECOMMENDATION: Staff recommends approval of Amendment BACKGROUND: At the August 27, 2003, Council Meeting, Council approved Agreement No. 03-261 for Consultant services necessary to complete various Capital Improvement Projects. While the Project Manager referred to in this Agreement will be Maurice Etchechury, he is actually employed by Pacific Engineering Associates, Inc., and they should have been named "CONSULTANT" in the Agreement. This Amendment names Pacific Engineering Associates, Inc., as the "CONSULTANT" and correctly identifies Maurice Etchechury as the Project Manager. September 15, 2003, 12:31 PM G:\GROUPDAT~ADMINRPT~2003\10-08~,rnend 03-261 Admin.dot ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. 0,a., TO: Honorable Mayor and City Council APPROVED FROM: Bart J, Thiltgen, City Attorney DEPARTMENT HEAD DATE: September 22, 2003 CITY A'I-rORNEY CITY MANAGER SUBJECT: Amendment No. I to Agreement No. CA 01-017 in an amount not to exceed $15,000 (total contract of $40,000) with Larry F. Peake of WALL, WALL & PEAKE for outside legal services in the matter of O'Leary v. City of Bakersfie/d. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: In September, 2000, the Bakersfield Police Department responded to a fight outside a downtown tavern. During the attempt to break up the fight, one of the combatants (Mr. Q'Leary) resisted the officers' attempts, and the officers were forced to use force. Mr. O'Leary is alleging a violation of his civil rights due to excessive force, and a policy and custom of the Bakersfield Police Department promoting and/or allowing such activity. The law firm of Wall, Wall & Peake was hired to perform legal services for the City. This case has now been settled in its entirety. It is recommended the Agreement with the outside counsel be amended to provide total compensation not to exceed $40,000 to cover the remaining expert and legal fees plus costs. The additional $15,000 is estimated to cover these activities. In the event unexpected expenses arise, or additional legal expenses need to be incurred due to plaintiff's activities, an additional amendment will be brought back to the Council for approval. BJT:dll S:\COUN CIL~Admins~AttyRetainerAgmtArnend 1 .Peake,O'Leary.dot September 29, 2003, 10:40AM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 IAGENDA SECTION: Consent Calendar ITEM: '~. bb. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD /'~/"~ DATE: September 24, 2003 CITY A'I-I'ORN~Y ~' ' ~ CITY MANAGER SUBJECT: Accept bids from Stewart Electric Supply Company $65,976.42, U. S. Traffic Corporation $24,026.21,3M Company $18,352.30, McCain Traffic Supply $5,265.76, and GDI Communications $3,519.77 for Traffic Signal Equipment. Total $117,140.46. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: This equipment will be used at four (4) locations, and funding is from two sources; Transportation Development Fund and Gas Tax. Invitations to bid were sent to eighteen (18) vendors. Eight (8) bids were received. In order to get the best price, staff recommends the award be split as follows: Stewart Electric Supply Company 1701 - 30~h Street Bakersfield, CA 93303 29 items (City) in the amount of $65,976.42 U. S. Traffic Corporation 9603 John Street Santa Fe Springs, CA 90670 82 items in the amount of $24,026.21 3M Company P.O. Box 33225 St. Paul, MN 55133 19 items in the amount of $18,352.30 McCain Traffic Supply 2575 Pioneer Avenue Vista, CA 92083 17 items in the amount of $5,265.76 GDI Communications 280 1-80 West Exit 1 Verdi, NV 89439 8 items in the amount of $3,519.77 Purchasing Division DW:Ijm P:~ADMIN~003 ADMIN\C03_1008_F Traffic Signal Equipment.doc September 25, 2003, 1:34PM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar IITEM: ~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 24, 2003 APPROVED DEPARTMENT HEAD / - CITY AI'I'ORNEY CITY MANAGER SUBJECT: Accept bid from Econolite Control Products, $50,173.74, for three (3) traffic vision detection systems for Public Works Department. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Two (2) vision detection systems, Econolite Autoscope and Iteris Vantage Edge, have been tested and approved for use in the City. This equipment will be used at three (3) locations, and funding is from two (2) sources; Transportation Development Fund and Gas Tax Fund. Invitations to bid were sent to four (4) vendors. Three (3) bids were received September 18, 2003, as follows: Econolite Control Products 3360 East La Palma Avenue Anaheim, CA 92806 System #1 - Autoscope System #2 - Iteris Vantage Edge $50,173.74 NO Bid Synchronex 1065 Castlerock Lane Santa Ana, CA 92705 JAM Services, Incorporated 7650 Hawthorne Place Livermore, CA 94550 No Bid $50,952.48 $103,925,31 $107,142.72 Purchasing Division DW:ljrc P:~ADMIN~003 ADMIN\C03_I008_C_TraffiC Vision Detection System.doc September 25, 2003, 9:45AM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~[.. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 24, 2003 APPROVED DEPARTMENTHEAD CITY A'n'ORNE~'/~ ClTY MANAGER SUBJECT: Accept bid to award contract to Municipal Maintenance Equipment, $598,756.76, to furnish and install nine (9) heavy duty vehicle hoists at the City Corporation Yard. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: The replacement of heavy duty hoists in the Fleet division at the City Corporation Yard was budgeted in three phases, beginning with FY 01-02 $200,000, FY 02-03 $200,000, and FY 03-04 $200,000. Invitations to bid were sent to six (6) vendors. Bids were requested on five (5) separate size (lbs.) hoists with two (2) different options for mounting to floor. Three (3) bids were received July 10, 2003. Staff recommends the following: Municipal Maintenance Arizona Auto Lift Logic Equipment, Inc. Sacramento, CA Mesa, AZ North Plains, OR 22,000 lb. 4-post Lift surface mount, 2 each ~$4-3,821.90 $87,643.80~ $56,200.00 $112,400.00 61,275.00 $1221550.00 38,500 lb. 4-post Lift sur[ace mount, 2 each ~$47,907.53 $95,815.0(~ $63,300.00 $126,600.00 $62,300.00 $124,600.00 50,000 lb. Parallelogram Platform Lift, flush mount, 5 each ~$83,059.58 $415,297.9(~ $96,100.00 $480,500.00 $98,000.00 $490,000.00 TOTAL $598,756.76 $719,500.80 $737,150.00 Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03_1008_B_Hoists.doc September 25, 2003, 1:46PM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. TO: Honorable Mayor and City Council APPROVED FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD DATE: September 30, 2003 CITY ATTORNE CITY MANAGER SUBJECT: Accept bid from Fork Lift Specialties, Incorporated, $42,528.92, for two (2) additional 6,000 pound Fork Lifts for the Wastewater Treatment division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: These fork lifts will be used to transport 1.5 cubic yard bins filled with grit and waste products from the Wastewater treatment system and dump them into refuse roll-oft bins at Wastewater Treatment Plants 2 and 3. Currently, Plant 2 is using an outside service that no longer wants to provide the service. Plant 3 is currently using a borrowed fork lift. This purchase was approved in the FY 2003- 2004 budget, funded by the Wastewater Treatment Enterprise Fund. Invitations to bid were sent to four (4) vendors. One (1) bidder responded, as follows: Fork Lift Specialties, Incorporated 3818 Buck Owens Boulevard Bakersfield, CA 93308 (City) in the amount of $42,528.92 Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03_1008_G_Fork Lifts.doc September 30, 2003, 4:02PM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Consent Calendar ITEM: ~..~c, J TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 24, 2003 APPROVED D EP AR TMENT HE AD//~/~ CiTY CITY MANAGER SUBJECT: Accept bid from Thorp's Harley Davidson, Incorporated $126,413.31 for seven (7) replacement police special motorcycles. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to nine (9) vendors. One (1) bid, from the local Harley Davidson dealer, was received September 19, 2003. Funds are available in the Equipment Replacement Fund. Thorp's Harley Davidson, Incorporated 824 - 18th Street Bakersfield, CA 93301 (City) in the amount of $126,413.31 Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03_1008_A_Police Special Motorcycles.doc September 25, 2003, 8:34AM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director September 24, 2003 AGENDA SECTION: Consent Calendar ,TE : APPBOVED DEPARTMENT HEAD ' CITY MANAGER SUBJECT: Accept bids from Downtown Ford, $428,914.82, for nineteen (19) replacement Police Special Sedans. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: In FY 2003-2004 budget, the replacement of nineteen (19) police special sedans was approved in the Equipment Replacement Fund. Invitations to bid were sent to nine (9) dealers. Three (3) bids were received, September 19, 2003, as follows: Police Special Sedans Black & White 12 each Police Special Sedans Option #1 - white 6 each Police Special Sedans Option #2 - Administrative I only Downtown Ford Sales 525 North 16th Street Sacramento, CA 95814 Jim Burke Ford 2001 Oak Street Bakersfield, CA 93301 $278,114.28 $136,566.78 No Bid With I% Sales Tax Consideration $2 75.521.68 $135,293.76 No Bid Mel Clayton Ford 350 Hitchcock Way Santa Barbara, CA 93105 $277,155.48 $136,946.88 $23,227.74 Purchasing Division DW:ljm P:~ADM~N~2003 ADMIN\C03_1008 E_PoJice Special Sedans.doc September 25, 2003, 11:45AM ADMINISTRATIVE REPORT MEETING DATE October 8, 2003 AGENDA SECTION: ITEM: ~. hh. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager September 24, 2003 CITY ATTORNEY CITY MANAGER Accept bid from Griffith Company in the amount of $149,975.00 for construction of the "Rio Vista Park Lake Pipeline Facilities" for the Water Resources Department, (Ward Number 4). RECOMMENDATION: Staff recommends acceptance of Iow bid. BACKGROUND: This pipeline project will provide water to the recharge lakes located at the Rio Vista Parksite. Funding for the project is provided from Proposition 12 state grant funds (Park Bond Act). Nine bids were received on September 23, 2003 for this project, as follows: Griffith Company 1898 S. Union Ave. Bakersfield CA 93307 .......................................................... in the amount of: $149,975.00 Becka Construction 5400 Rosedale Highway B-7 Bakersfield CA 93308 ..................................................... in the amount of: $151,730.00 Zondiros Corporation 2401 208th St. Suite C-8 Torrance CA 90501 (Out of County) ...................................... in the amount of: $153,407.00 Solid Construction 3413 Ginseng Lane Bakersfield CA 93309 in the amount of: $163,714.00 September 25, 2003, 2:38PM C:\Documents and Settings\mrandall\Desktop\admin092403.doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA ?E. CTION: Consent Calendar ITEM: ~. u,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director September 22, 2003 A~;~ROVED DEPARTMENT HEAD~__~ CITY ATTORNEY ClTY MANAGER Appropriate $1.75 million CalHFA loan proceeds to the Southeast Project Area, Capital Improvement Budget within the Operating Fund for land acquisition and development of 160 affordable housing units at Citywalk. ¢NARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In April, 2003, the Bakersfield Redevelopment Agency authorized the submittal of a $2.0 million California Housing Finance Authority (CalHFA), HELP Loan application to assist with site acquisition and development costs associated with the160 unit, multi-family affordable housing development located in the Southeast Redevelopment Project Area at Citywalk. Of the 160 units, 40 will be reserved for families whose incomes do not exceed 50% of median income, 100 units will be reserved for families whose incomes do not exceed 80% of median income and 20 will be market rate. Notice of funding was announced in June, 2003 and the Bakersfield Redevelopment Agency was awarded $1.75 million in HELP loan funds to be repaid over a period of 10 years from various resources including available Southeast Project Area, tax increment funds. Citywalk is a mixed use retail, restaurant, recreation, entertainment and housing development planned on 22 acres south of the railroad tracks between California Avenue, "M" Street and the Canal. A key component for a vibrant, thriving downtown for Bakersfield is housing. Families renting urban apartments at Citywalk will be within walking or bicycle distance to most of the community government, financial, shopping, recreation and entertainment amenities. The Disposition and Development Agreement for Citywalk is currently in the legal review process with construction of the housing component anticipated to begin January, 2004. S:~Admins\City Council~CitywalkCalH FAAppropriation92403.doc 9/22/2003 1:52 PM ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~. ~(.~. TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief September 15, 2003 . PROVED DEPARTMENT HEAD ~ © SUBJECT: CITY MANAGER Appropriate $12,000 in contributions from Hall Ambulance Service, Jn~. for their share of the Traffic Preemption Project within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: Hall Ambulance Service, Inc. contributed $12,000 to the City on September 4, 2003, for the purchase and installation of Opticom Priority Control Systems according to Agreement //96-245 (1). The Traffic Preemption System is shared by the Bakersfield Fire Department and Hall Ambulance Service, Inc. September 15, 200~, 12:04PM S:\SUSAN~Admin Report Word\Hall.doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 25, 2003 APPROVED DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER Reopen public hearing and receive testimony to determine whether the public interest and necessity require acquisition by eminent domain of approximately 22 acres of real property (portion of APN 436-054-02) located south of Alfred Harrell Highway and west of Fairfax Road in the City of Bakersfield, for a buffer zone for the Old Bakersfield Sanitary Landfill. (Code of Civil Procedure section 1245.230, et seq.) (Ward 3) RECOMMENDATION: Staff recommends adoption of a Resolution of Necessity. BACKGROUND: The public hearing of this item was opened for consideration by the City Council on September 24, 2003. On motion of Council Member Maggard, the public hearing was closed and continued to this date. Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain "pre-condemnation" requirements be met. Each of these requirements has been met and is set forth in the Resolution of Necessity attached hereto and made a part hereof by this reference. Prior to adopting the Resolution of Necessity, Code of Civil Procedure section 1245.235 requires that the City Council give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the following: 1. Whether the public interest and necessity require the project; Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; September 29, 2003, 10:14AM S:\COU NCIL~Admins\LandfilJBuffer. EPICLLC2.doc ADMINISTRATIVE REPORT 3. Whether the property sought to be acquired is necessary for the project; and Whether the offer(s) required by Government Code section 7267.2 have been made to the owner(s) of the subject property. The specific findings of fact which support the Council's adoption of the Resolution of Necessity are set forth therein and include: The City of Bakersfield plans to acquire this property to complete a landfill buffer zone and open space area north of the Old Bakersfield Sanitary Landfill. Other adjacent open property has already been acquired for this purpose. This acquisition will protect the public health, safety and welfare by protecting the landfill site from intrusion by incompatible land uses and urban intensity developments. The buffer zone will also provide open space for the northeast Open Space - Trails Plan envisioned by the 2010 General Plan. 4. Expand available public open space and recreational areas in the northeast area. Required notice was provided to each property owner as set forth in the Resolution of Necessity. In order for the property owners to appear before the Council, they must have filed a written request to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code of Civil Procedure § 1245.235(a)(b)(3).) Failure to file a wdtten request results in the waiver of the right to appear and be heard. The Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a quorum of the members present). (Code of Civil Procedure § 1245.240.) BJ%MGA:Isc Attachment September 29, 2003, 10:14AM S:\COUNClL~Admins\LandfillBuffer. EPICLLC2.doc ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Hearings ITEM: q.~). TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning DEPARTMENT HEA~,,~? October 2, 2003 CITY ATTORNEY,~' CITY MANAGER Resolution upholding and modifi/ing the decision of the Planning Commission approving Vesting Tentative Tract Map 6148 and the Negative Declaration, denying the appeals by the Sierra Club, and Sage Community Group, Inc. (Ward 3) RECOMMENDATION: Staff recommends continuation of the public hearing to the October 22, 2003 City Council meeting. BACKGROUND: Sage Community Group, Inc. has requested continuance of this item. The City Council continued the public hearing for this appeal from September 10, 2003 to October 8, 2003 at the request of Sage Community Group, Inc. On June 5, 2003, the Planning Commission adopted Resolution No. 92-03, conditionally approving Vesting Tentative Tract Map 6148 proposed by Pinnacle Engineering, the applicant representing Sage Community Group, Inc. Tract 6148 is located on the east side of Alfred Harrell Highway, south of the Kern River Golf Course. Gordon I. Nipp, of the Sierra Club filed an appeal to the Planning Commission's approval of Tract 6148 and Negative Declaration citing cumulative impacts to air quality and traffic are significant. Robert Smith, of Sage Community Group Inc., also filed an appeal relative to conditions of approval addressing the acquisition of the Specific Plan Line for State Route 178. Tract 6148 consists of a proposed phased subdivision consisting of 361 lots for the purpose of a gated private street single family residential development and one park lot and 3 open space lots on 219 acres zoned for single family residential with some Hillside Development, Floodplain Primary and Secondary overlays. The tract also includes a request for alternate street and lot designs, and reserving a drill site. The Initial Study, draft resolution, staff report to the Planning Commission and Planning Commission minutes are attached. The "Background Material for Tract 6148" containing an "Air Quality Study" by WZI, Inc., "Biological Assessment and Addendum" by Pruett and Associates, and a "Limited Traffic Study" by Pinnacle Engineering are in a separate binder for review at the ADMINISTRATIVE REPORT Page2 City Clerk's office. Mitigation measures from these studies as well as mitigation addressing cultural and paleontological resources are included in the conditions of approval that reduce all impacts to less than significant levels. During the June 5, 2003 public hearing before the Planning Commission, eight speakers in opposition spoke expressing concerns related to reduced air quality, and the scenic nature of the area, increased traffic, and use of solar energy. Five speakers spoke in support of the project. The Sierra Club's letter of appeal (attached as background material) stated concerns that cumulative impacts to air quality and traffic have not been addressed. The letter suggests there would be detrimental health effects from air pollution and states this tract in combination of other projects in the area would result in congestion on Highway 178. In addition, the letter states there are potential for unexplored impacts to wildlife as well as impact of building next to the river. Staff Response: The "Air Quality Study" prepared by WZl, Inc. evaluated cumulative air quality impacts and determined that the project is considered cumulatively less than significant with mitigation for Nitrogen Oxides (NOx) and Reactive Organic Gases (ROG). In accordance with CEQA, the implementation of mitigation measures to reduce impact to less than significant levels is appropriate, and an EIR is then not necessary. In response to the appellant's concerns with traffic congestion, congestion on Highway 178 would exceed acceptable levels only if the approved tracts in the Highway 178 area, east of Highway 184 were all built out today under present-day road conditions. However, tracts are built out over a number of years, with each project paying for its proportional share through the Transportation Impact Fee program for funding the widening of Highway 178. Public Works Department (PWD) reports that the widening of Highway 178, near Highway 184 will be scheduled in a timely manner to meet future growth needs. The applicant has agreed to Condition No. 6, which requires the construction of widening the tract's frontage along Alfred Harrell Highway. In addition, PWD is proposing advance planning in the 2003-04 fiscal year budget as a first step toward construction of Highway 178 as a freeway on the adopted Specific Plan Line. This would include Project Study Reports on the interchanges at Masterson, Vineland and Alfred Harrell Highway. Saqe Community has appealed Condition No. 8, which addresses the Highway 178 Specific Plan Line that traverses the southern portion of the tract. In their appeal letter (attached as background material), Sage desires the adopted Specific Plan Line should be moved south to the Tract's south boundary or to the south side of Old Walker Pass Road. Sage believes the current Specific Line was set without analysis of local topography; it severs Tract 6148; that realignment can be done without major change to the overall freeway alignment; and realignment will help solve Alfred Harrell Highway/Old Walker Pass interchange design issues. Condition No. 8 requires that prior to recordation of the first phase, the applicant enter into an agreement with the City to reserve Phase 1 (area that includes the SR 178 Specific Plan Line) for City acquisition within two years of the completion and acceptance of improvements for the first phase other than the Phase containing the SR 178 Line. Also, this condition limits the ADMINISTRATIVE REPORT Page access across Highway 178 to Old Walker Pass Road (adjacent the freeway reservation) to one location in order to accommodate potential future freeway improvements. Staff Response: In early 1960's, the State of California adopted a route for the alignment of SR 178 east of Bakersfield. In 1995, the City amended the Circulation Element of the Metropolitan Bakersfield General Plan, and adopted the alignment as a Specific Plan Line and included a width of 210 feet for the freeway facility. In accordance with the Subdivision Map Act, a tentative subdivision map is required to be consistent with the General Plan, and specific plans which depicts the SR 178 Specific Line. Tract 6148 as approved by the Planning Commission reflects the adopted Specific Plan Line of SR 178. The applicant's request would render Tract 6148 inconsistent with the General Plan and therefore, the Subdivision Map Act does not allow the City to approve the tract. Any modification to the adopted route requires a great deal of environmental work. Typically, this involves a process that could take up to twelve (12) years to complete. Based upon the time frames for modification to Specific Plan Line adopted by Caltrans and the fact that Caltrans is not a party to the development process, staff cannot recommend altering the existing Specific Plan Line. Prior to submission of the tract application, Sage Community was aware of the Specific Plan Line and that the subdivision is required to accommodate the Specific Plan Line. Therefore, Public Works recommends that Conditions 8.1 and 8.2 remain intact. The conditions are reasonable to both the City and the applicant. In fact, the applicant agreed to these conditions prior to the Planning Commission headng. Conclusion. The initial study, including the "Air Quality Impact Study" and the "Limited Traffic Study" prepared for this tract include mitigation measures that reduce all impacts to less than significant. In accordance with CEQA, the Negative Declaration with mitigation measures is adequate and an appropriate environmental document. In addition, staff is of the opinion that the conditions related to the Specific Plan Line of Highway 178 should not be revised. Pursuant to Subdivision Map Act Section 66474.2, in determining whether to approve or disapprove the map, a local agency may only apply the ordinances, policies, and standards in effect on March 11, 2003, which is the date the application was deemed complete. The applicant has agreed to add Condition No. 52 regarding indemnification. Based on the above information, staff recommends the Council uphold and modify the Planning Commission's decision to approve the tract with conditions and mitigation measures, adopt the Negative Declaration, and to deny the appeals by the Sierra Club and Sage Community. Jeng Admin\oct\10-8~6148 cont ADMINISTRATIVE REPORT MEETING DATE: October 8, 2003 AGENDA SECTION: Hearings TEM: cl. C,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning September 22, 2003 .&Pt~RQVED DEPARTMENT HEAD~.,~, ,~ CITY ATTORNEY CITY MANAGER''/ . Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract Map 6191 and the Negative Declaration, denying the appeal by the Sierra Club (Ralph W. Miller, Trustee). (Ward 3) RECOMMENDATION: Staff recommends continuation of the public hearing to the October 22, 2003 City Council meeting. BACKGROUND: The applicant has requested continuance of this item pursuant to a request by the appellant. The applicant has expressed a desire to attempt to obtain an agreement with the appellant. On August 21, 2003, the Planning Commission adopted Resolution No. 121-03, conditionally approving Vesting Tentative Tract Map 6191 proposed by Porter-Robertson Engineering, the applicant representing Blumer Development, Inc. Tract 6191 is located on the south side of Paladino Drive, west of Morning Drive. Gordon I. Nipp, of the Sierra Club filed an appeal to the Planning Commission's approval of Tract 6191 and Negative Declaration on the grounds that cumulative impacts to air quality, traffic and biological resources are significant. Tract 6191 is a proposed phased subdivision consisting of 173 lots for the purpose of single family residential development and one lot for future development on 84.40 acres zoned for single family residential. The tract also includes a request for deviations from standard subdivision design to allow reverse corner lots, non-radial/non-perpendicular lots lines, and block lengths that exceed 1,000 feet. The Initial Study is attached in the material labeled "Background Material for Tract 6191." The studies include an "Air Quality Study" by Poder-Robertson Engineering, "Biological Assessment and Addendum" by Pruett and Associates, and an "Archaeological Study" by Hudlow Cultural Resources. As a result of these studies, Condition No. 29 relating to archaeological resources was added. No other mitigation was recommended as the impacts of this development were determined by these specialists to be less than significant. ADMINISTRATIVE REPORT Page2 period, nine letters which are also included in the materials labeled "Background Matedal for Tract 6191" were received from the adjacent neighbors expressing concerns about the loss of their view, dust control, expected trash from construction operations, traffic as a result of model homes and endangered species. As a result of the neighborhood concerns, the Planning Commission added Condition No. 35 relative to model home placement. The Sierra Club has appealed the Planning Commission's decision to approve this project, on the basis that the environmental analysis of the impacts of this project were inadequate. Conclusion. The initial study conducted on this project site determined that' the environmental impacts of this subdivision are less than significant. In accordance with CEQA, the Negative Declaration is adequate and an appropriate environmental document. Pursuant to Subdivision Map Act Section 66474.2, in determining whether 'to approve or disapprove the map, a local agency may only apply the ordinances, policies, and standards in effect on July 30, 2003, which is the date the application was deemed complete. Based on the above information, Staff recommends the Council uphold and modify the Planning Commission's decision to approve the tract with conditions and mitigation measures, adopt the Negative Declaration, and to deny the appeal by the Sierra Club. LP S:tracts\6191\cc~Adrnin