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HomeMy WebLinkAbout11/19/2003 AGENDA PACKETB A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM November 14, 2003 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSOI~, ~S~ISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - NOVEMBER 19, 2003 COUNCIL MEETING REGULAR MEETING 5:15 p.m. PRESENTATIONS There will be a presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of the 2003 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service. APPOINTMENTS There will be appointments of the' Economic Development Director as regular member and Principal Planner as the alternate member to the Board of Zoning Adjustment. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 5f. Chanqes to Salary Schedule and New/Revised Job Specifications. In the eventuality the City is unable to work out an agreement with the County, three job specifications have been developed for positions that would need to be converted which are Animal Control Supervisor, Animal Control Officer and Animal Care Worker. At the request of C.C.A.P.E., we have pulled the Animal Care Worker and Animal Control Supervisor specifications for more work. C.C.A.P.E. now reluctantly agrees to the remaining specifications for Animal Control Officers. The adoption of these specifications is needed because negotiations with the County have taken longer than expected. The Animal control Officers we hired from the SPCA are at their limit as temporaries. They have done excellent work and this action allows them to receive benefits and to be placed on permanent status. At the request of the Development Services Director, the job specifications for Building Inspector II1 - Generalist, Building Inspector III - Electrical Specialist and Building Inspector III - Plumbing and Mechanical have been reviewed and updated to make the minimum qualifications more consistent across departments. The new job specifications will be presented to the Miscellaneous Civil Service Board at their November 18, 2003 meeting. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 19, 2003 PAGE 2 At the request of the Public Works Director, the job specification for Wastewater Treatment Plant Lab Technician has been revised to increase the time frame that a new employee has to obtain a California Water Environment Association (CWEA) Laboratory Analyst Grade I Certification. The test for this certification is only given twice per year. To allow sufficient time to enroll, test and receive passing notification, the time allowed to obtain the certification has been increased from six months to one year. The new job specifications will be presented to the Miscellaneous Civil Service Board at their November 18, 2003 meeting. C.C.A.P.E. concurs with the proposed recommendation. Item 5i. Emerqency Repairs to Carrier Canal Crossinqs. As a result of the recent culvert pipe failure at 19TM and Oak Streets, the Public Works Department immediately began an investigation into the condition of the four other Carrier Canal crossings that are downstream of the collapsed area. While there is no indication that the four canal crossings are in imminent danger of collapsing, the Public Works Director recommends that the most prudent action would be to commence with the necessary repairs immediately. Repairs will commence on November 10, 2003, and will be completed by January, 2004. The Public Works Director has determined that the repairs could not be fixed by City staff alone and found this problem to be an emergency and the work to be performed was of urgent necessity for the preservation of life, health, or property. The Public Works Director authorized Granite Construction, on a time-and-materials basis, to repair the four Carrier Canal Crossings. This agreement will be submitted at a future council meeting for consideration. Council is asked to approve a Resolution authorizing the dispensing of bidding requirements, with a not to exceed amount of $1,700,000 (initial estimate only). Due to limited cash flow within the Agriculture Water Fund, staff recommends that these repairs be financed with a $1,700,000 interfund loan from the Sewer Enterprise Fund. It is also recommended that this loan have a ten year payment period, with 4% interest. City staff will work with Kern Delta Water Agency regarding their fair share of the emergency repair costs. Aqreements: Item 5k. Aqreement with Bakersfield Senior Citizen Center (BSC) for $50,000 in FY 2003-04 Community Development Block Grant (CDBG) Funds. The proposed agreement will provide $50,000 of CDBG funds, which is in accordance with past Council policy. Item 5n. Bakersfield Municipal Airport Ground Leases. When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of ground leases allowing construction of owner hangars. Currently there are eleven such Ground Lease Agreements and constructed hangars. The term of these agreements (Omdahl Harvesting, Inc. and Charles Douglas) is for a period of twenty years with the option of two 5-year extensions. The approximate size of the aircraft storage hangars is 2,000 square feet. These hangars will be constructed at the expense of the individual partiesl not the City. Item 5o. Material Grindinq at the Mount Vernon Recyclinq Center. During the last three years, the grinder used to process material experienced downtime due to repairs. The Solid Waste Division has now acquired a new grinder; however, due to the downtime on the old grinder, a significant stockpile of unprocessed greenwaste material has accumulated. In order to process the backlog of greenwaste material, staff recommends approval of an agreement with JWR in an amount not to exceed $100,000 to completely grind the stockpiles. This expense is subject to the shared County Greenwaste Agreement. The County will be responsible for approximately 30% of the cost. An appropriation of $30,000 County Share and $70,000 Solid Waste Enterprise Fund Balance is recommended to fund the purchase. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 19, 2003 PAGE 3 Item 5p. Memorandum of Understandinq with North Bakersfield Recreation and Parks District for Use of Two (2) Liqhted Fields at the 40 Acre Park at Stockdale Hiqhway and Buena Vista Road. By resolution 124-02, the City Council agreed to reserve and guarantee time for practices and games for NBRP at the 40-acre park. The MOU provides two lighted fields. 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 field. Staff has met with AYSO and North Bakersfield Recreation and Park District to address use issues for the facility. Since this is an MOU and not a final agreement, and the 40-acre park is at least two years away from development, the involved parties will continue to work towards finalization of details such as usage, permits, insurance and indemnification language. Item 5q. Southeast Infill Housinq. In May of 2001, the City established the Southeast Infill Housing Construction Program. During the past two years, Southeast Bakersfield Community Neighborhood Housing Development Group (SBCNHDG - Marvin Dean, Principal) has constructed and sold three affordable housing units and D.O.D. Development (D.O.D.) has constructed and sold five affordable housing units. SBCNHDG and D.O.D. desire to continue building affordable homes in the targeted area; however, recent increases in property costs and development costs, coupled with sales prices dictated by the real estate market, make it difficult to build affordable homes in the area. The proposed agreement will provide a grant of $10,000 in CDBG funds to help defray costs of development. This grant is a one-time-only grant of funds for property acquisition. The activities covered by this agreement will be completed in no more than 27 weeks from the date of execution. Item 5t. Amendment No. I to Aqreement No. 02-061 with Centennial Center, LLC for leased space at 900 Truxtun Avenue. When the City first leased space for use by the Recreation and Parks, and Economic Development Departments, two conference rooms were constructed; one for each Department. The landlord recently inquired if the City was interested in relinquishing some space that could be incorporated into an adjoining restaurant space they are developing. The two Departments agreed to relinquish one of the conference rooms and they will share the remaining one. The Amendment provides for reductions in the rentable area from 17,242 to 16,712 square feet and rent from $25,000 per month to $24,234 per month. Item 5u. Amendment No. 1 to Aqreement No. 02-089 with Maranatha Corporation to Extend thP, Proiect Completion Date for the Southeast Infill Housinq Project, and Enlarqe the Tarqeted Area Boundaries. In 2002, the City Council authorized Maranatha Corporation to receive $100,000 in HOME Investment Partnerships Program (HOME) funds to purchase no less than 10 residential lots and build no less than 10 affordable homes for Iow income families, in the Southeast Bakersfield Infill Housing targeted area. They were able to secure a construction loan commitment and additional home buyer down payment assistance funds. However, they were unable to negotiate enough property purchase agreements within the targeted area. Due to the inability to purchase acceptable properties; they will not be able to meet the project timeline for property acquisition, construction, and selling of the homes. This Amendment will extend the project area to include properties as far west as Union Avenue; and extend the project completion date from December 2003, to June 30, 2004. There is no increase in funds to this project. No funds will be disbursed until the Federal Department of Housing and Urban Development approves the new environmental release of funds. Bids: Item 5y. Award Contract to Griffith Company for Construction of Parkinq Lot Expansion at P Street and 14th Street in the amount of $385.000 and ADorooriate $165.000 Offstreet Parkinq Lot Fund Balance to the Capital Improvement Budqet. This project consists of expanding the existing Centennial Garden and Convention Center parking lot to accommodate parking needs for activities at the Ice Sports Center and McMurtrey Aquatic Center. The parking lot expansion will create 230 HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 19, 2003 PAGE 4 parking stalls and 10 handicap parking stalls on 14th Street just north of the Ice Sports and McMurtrey Aquatic Center, and will include landscaping and street lighting. A kiosk with access control gates will be installed which will provide the option for this new parking area to be independently controlled from the existing parking area. Additional appropriations are needed to fund the bid. Three acceptable bids were received. Staff recommends award to Griffith Company. Item 5z. Award Contract to Granite Construction Company to Construct Chester Avenue Streetscapo Project from 34t~ Street to West Columbus Street in the amount of $3451834. This project consists of reconstructing median islands on Chester Avenue, from 34m Street to West Columbus Street, with a combination of hardscape and landscape improvements. This project is funded with Community Development Block Grant funds. The project was previously bid in June 2003, with all bids rejected because they exceeded the engineer's estimate. Since then, the project was redesigned by eliminating some items of work and transferring other items to City crews. Two acceptable bids were received. Staff recommends award to Granite Construction Company. Item 5aa. Award Contract to Downtown Ford Sales for Ten (10) Replacement Pickup Trucks [Public Works Streets Division (5), Construction Enqineerinq (2), Fire (1), Police (1), Recreation and Parks (1)] in the amount of $197,982.43. Four acceptable bids were received. Staff recommends award to Downtown Ford Sales, the Iow bidder for each vehicle type. Miscellaneous: Item 5bb. ADoropriate $179,635 in Code Enforcement Grant Proqram Funds (CEGP) to the Buildinq Division ODeratinq Budqet and Transfer $99,160 to the Equipment Fund for Vehicles. The City was awarded a grant from the California Department of Housing and Community Development for capital expenditures (vehicles and surveillance equipment) related to housing, code maintenance or compliance. Item 5cc. Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 03/04) for the Bakersfield Rescue Mission. The proposed amendment is for the acquisition and rehabilitation of the Salvation Army building by the Bakersfield Rescue Mission to provide homeless facilities. The Association of Old Town Kern recently voiced their concerns that the acquisition of the Salvation Army building by the Bakersfield Rescue Mission would hamper the City's and the Association's efforts to revitalize the Baker Street Area. The Association members felt that the development of the Salvation Army building as an emergency homeless shelter would only increase the number of homeless to the already saturated area. After meetings between the groups, the Rescue Mission acknowledges that the overall development of the Salvation Army building for a shelter would onl.y replace the clients currently sheltered in the overflow Rescue Mission. The total number of homeless clients residing at the Rescue Mission would be capped at 240 clients. In addition to the cap, the Mission is proposing to convert the gymnasium for staff offices and training programs. Staff recommends approval of the amendment. WORKSHOP: There will be a presentation regarding the Mill Creek by David Lyman, Principal Planner, which will include an overview of the project, the planning process, the public participation to date, and plans for the future. Council will be asked to take action on several items related to this project at the December 10th meeting, including approving the scope of the project, approving its environmental documents, and authorizing application to the State for bond monies. Should there not be enough time to hear this item during this time frame, it will be heard during the 7:00 portion of the meeting. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 19, 2003 PAGE 5 CLOSED SESSION: There will be one closed session item, which will be a conference with legal counsel regarding potential litigation (2 cases). CONTINUATION OF REGULAR MEETING - 7:00 p.m. HEARINGS Item 8a. General Plan Amendment/Zone Chanqe for Five Acres alonq the South Side of Wilson Road. Aooroximately 600 feet west of Union Avenue. The applicant proposes to develop the 5-acre site into a 38 unit mobile home park. A GPA is requested to change the land use designations from LI (light industrial) to LMR (Iow medium density residential). The requested Zone Change will amend the Zoning Map of this site from M-1 (light manufacturing) to MH (mobile home). The Planning Commission is unanimously in support of this proposal. Item 8b. General Plan Amendment, r-Zone Chanqe No. 03-0745. Castle and Cooke California, Inc. is appealing the Planning Commission's denial of a proposal to designate and zone the southeast corner of Stockdale Highway and Buena Vista Road for office development and move the existing multi-family residential designation and zoning to the northwest corner of Stockdale Highway and Jewetta Avenue. The Planning Commission found that the area at the northwest corner of Stockdale Highway and Jewetta Avenue is not adequately designed or suitable for multi-family residential and conflicts with previously approved tentative tract maps. They also found that the southeast corner of Stockdale Highway and Buena Vista Road is suited to meet a number of community needs such as: 1) it provides the only multi-family residential designation for the Seven Oaks area to provide a mix of available housing; 2) the existing single family residences located south and west of the site are adequately buffered from a multi-family development; 3) the location has excellent access to two arterials; and 4) the site is in close proximity to future planned commercial services and existing recreational facilities. As a result, the proposed GPA/ZC was denied. The applicant has appealed. Staff recommends denial of the appeal. Item 8c. General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Chanqe on 16.86 Acres Located at the Northwest Corner of Granite Falls Drive and Coffee Road. The applicant proposes to change the land use designation from MC (major commercial) to GC (general commercial), and amend the Zoning Map for this site from PCD (planned commemial development) to C-2 (regional commemial). A condition was added to require a public notice be sent to property owners 300 feet to the west of the site and to both the restaurant and the credit union adjacent to the site. The applicant agreed to all conditions and mitigations for the project. Item 8d. General Plan Amendment Amend the Text of the Land Use Element of the Metropolitan Bakersfield General Plan. Staff proposes to amend the text for the OS-S (open space -slopes) land use designation to clarify that the land use and intensity permitted in the OS-S designation is consistent with the zone district for each individual parcel designated OS-S. It is not the intent that the OS-S land use designation preclude development, but rather to highlight the significant constraint to development caused by steep slope. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 19, 2003 PAGE 6 Item 8e. First Readinq of Ordinance Amendinq the Municipal Code and Zoninq Map for an Are,q Located at the Southwest corner of Coffee Road and Riverlakes Drive. The Planning Commission arrived at a split vote (3-3 tie) on this project at their October 2, 2003 meeting. Commissioners voting against the project based their decision on an abundance of zoning in the area that already allows C-2 uses and can be developed as such. The property is bordered by the Friant-Kern Canal on the south, a planned 28-acre regional park on the west, Riverlakes Drive on the north and Coffee Road on the east. The applicant requested the C-2 zone (change from C-1) to allow more flexibility in marketing the site. There are no sensitive uses adjacent to the site or in close proximity to the site that would prompt concerns regarding land use compatibility for the proposed zone change. Staff stated that there is no difference in the traffic generation between C-1 and C-2 zoning and recommends approval of the appeal. Item 8f. Continued Public Hearinq to Consider the Resolution Upholdinq the Decision of the Planninq Commission Approvinq Vestinq Tentative Tract Map 6191 and the Neqative Declaration, Denyinq thc, appeal bv the Sierra Club, for Property Located on the South Side of Paladino Drive, West of Morninq Drive. The City Council continued the public hearing for this appeal from October 8, 2003 to November 5, 2003, then to November 19, 2003 at the request of the applicant pursuant to a request by the appellant in an attempt to obtain an agreement. Staff recommends adoption of the resolution upholding the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract map, and denying the appeal. NEW BUSINESS Item 12a. Lease Cancellation and Closure of International Square. In 1970 the City entered into a lease with the railroad to use the railroad property as a park. Over time, the park has become a magnet for an increasing transient population and a focal point for illegal activity, contributing to a negative image for the Baker Street area. On September 5, 2001, the Community Services Committee presented an action plan containing the following short-term and long-term goals for International Square: 1) Short-term Dian - Develop the Square into a safe, clean and secure urban green space, promoting economic growth in the area; and 2) Lonq-term plan - Redevelop the square area into some type of alternate use. Despite the installation of a wrought iron fence with locking gates around the perimeter, and the reduction of hours during which the park was open, conditions at the Square have not improved, but worsened. Illegal activities such as alcohol use, drug activity, prostitution, urination, and defecation have created a public nuisance in this area. Overall, health and safety conditions have worsened to the point that Park employees spend at least one hour per day cleaning the park to pick up trash, personal belongings, syringes, and human waste. According to the Recreation & Parks Department several maintenance problems exist at the site. The following situations make it expensive and potentially dangerous for City employees maintaining International Square: 1) Difficult to work around persons sleeping; 2) Concern for exposure to blood borne pathogens; 3) Concerns for issues of disease from urine and fecal matter; 4) Restrooms were previously provided but were destroyed; and 5) Estimated labor cost to maintain International Square is significantly higher than a seven (7) acre neighborhood park. HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 19, 2003 PAGE 7 The Real Estate Director for the Union Pacific Railroad (the current owner) believes it would be best if the City returned the parcel to them without any park type improvements (pavilion, water, fence, concrete pads, block wall, trees and grass) as required by the lease agreement. This means removal of trees, salvage of fencing, and demolition of all structures and block walls on the site. The railroad is open to selling the parcel to a developer should the site be considered for development in the future. Staff has identified that funds for demolition can be administratively transferred from the CDBG - Acquisition and Clearance account for economic development to the Clearance and Demolition account for economic development in an amount not to exceed 30% or $30,000. Alternative green space is now available for legitimate park users at nearby Pavillion Park developed by the Bakersfield Rescue Mission, which is located about one block east of International Square. The Community Services Committee met on October 29, 2003 to discuss the closure of International Square and is recommending a 30-day notice be sent to the railroad canceling the City's lease at the end of December 2003, and that the Park be dismantled and returned to the railroad for their private use, until at such time private development efforts can be attracted to pumhase the property from the railroad and redevelop the area with a positive alternate use. The Police Department is also in support of closing the Park. AT:JWS:al cc: Department Heads City Clerk's Office News Media File (Ward 2) (Ward 7) BAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 19, 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. PRESENTATIONS Presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of the 2003 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. 3. PUBLIC STATEMENTS 4. APPOINTMENTS Appointment of Economic Development Director as regular member and Principal Planner as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2003. 5. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the November 5, 2003. Payments: Approval of department payments from October 24, 2003 to November 6, 2003 in the amount of $7,269,638.91 and self insurance payments from October 24, 2003 to November 6, 2003 in the amount of $159,023.84. Ordinances: Ordinance amending the Downtown Redevelopment Plan to eliminate the time limit on the incurrance of debt for the Downtown Redevelopment Project Area pursuant to Health and Safety Code Section 33333.6. (First Reading 11/5/03) Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to an R-2 (Limited Multiple Family Dwelling) zone on 19.11 acres and to an R-1 (One Family Dwelling) zone on 20 acres located generally south of McKee Road, between Wible Road and State Highway 99 (ZC 03-0341 ). (First Reading 11/5/03) 5. CONSENT CALENDAR continued (Ward 4) (Ward 2) (Ward 6) (Ward 2) (Ward 4) Resolutions: e. Brimhall Planned Sewer Area: Resolution adopting the Brimhall Planned Sewer Area and making findings thereto. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. (First Reading 11/5/03) f. Changes to Salary Schedule and New/Revised Job Specifications: Amendment No. 7 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Animal Control Officer. 2. New Job Specification for Animal Control Officer. Revised Job Specifications for Building Inspector III - Generalist, Building Inspector Ill - Electrical Specialist, Building Inspector III - Plumbing and Mechanical, and Wastewater Treatment Plant Lab Technician. Resolution terminating Agreement No. 99-242/RA99-2 to use Tax Increment Revenue to reimburse the City for up to $275,000.00 for costs associated with the replacement and installation of street lights on Baker Street between Highway 178 and Truxtun Avenue. Resolution adding territory, Area 3-24 (Panama, Stine SW) 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. Emergency Repairs required at four Carrier Canal Crossings: Resolution dispensing with bidding procedures due to emergency repairs required at the four Carrier Canal Crossings, not to exceed $1,700.000.00 (initial estimates only). Appropriate $1,700,000.00 (initial estimate of costs) Sewer Enterprise Fund loan to the Agriculture Water Fund's Capital Improvement Budget. Resolution of Intention No. 1253 to add territory, Area 1-25 (Stockdale, Allen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 5. CONSENT CALENDAR continued (Ward 1) (Ward 2) (Ward 2) (Ward 1) (Ward 1) (Ward 4) (Ward 1) (Ward 4) Agreements: Agreement with Bakersfield Senior Citizen Center for $50,000.00 of FY 2003-04 Community Development Block Grant (CDBG) funds for operational expenses at the Center, 530 4"' Street. Agreement with Bethany Services for $51,000.00 Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue services at the Bakersfield Homeless Shelter, 1600 East Truxtun Avenue. Agreement with Bakersfield Rescue Mission for $51,000.00 Emergency Shelter Grant (ESG) funds to support the essential services and operating costs necessary to continue services at the Bakersfield Rescue Mission, 830 Beale Avenue. n. Bakersfield Municipal Airport Ground Leases: Ground Lease Agreement with Omdahl Harvesting, Inc. (Dan Lamb) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. Ground Lease Agreement with Omdahl Harvesting, Inc. (L. Keith Lamb) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airpod. Ground Lease Agreement with Charles Douglas for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. o. Material Grinding at the Mount Vernon Recycling Center: Agreement with JWR, not to exceed $100,000.00, to grind greenwaste material at the Mount Vernon Recycling Center. Appropriate $30,000.00 County share and $70,000.00 Solid Waste Enterprise Fund balance to the Operating Budget. 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. q. Southeast Infill Housing Targeted Area: Agreement regarding acquisition of property for construction of affordable housing with Southeast Bakersfield Community Neighborhood Housing Development Group, not to exceed $10,000.00 of Community Development Block Grant (CDBG) funds. Agreement regarding acquisition of property for construction of affordable housing with D.O.D. Development, not to exceed $10,000.00 of Community Development Block Grant (CDBG) funds. Agreement to indemnify LAFCO for City Annexation No. 441, Proceeding 1362, uninhabited territory located west of Allen Road, generally north of Noriega Road. (Wards 4,6,7) (Ward 2) (Ward 1) (Ward 4) CONSENT CALENDAR continued S. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 2 located west of Monitor Street and south of Berkshire Road. Final Map and Improvement Agreements with Hampton Place, LP, for Tract 6007 Unit 3 located south of Palm Avenue and west of Allen Road. Final Map and Improvement Agreements with Parkside 88 and Elmer F. Karpe, Inc., for Tract 6018 located north of Hageman Road and west of Coffee Road. Final Map and Improvement Agreement with D.R. Horton Los Angeles Holding Company for Tract 6107 Phase 3 located north of Hageman Road and east of Calloway Drive. Final Map and Improvement Agreements with San Joaquin Development Group II, LLC, for Tract 6152 Phase 1 located south of McKee Road and west of Wible Road. Final Map and Improvement Agreements with Bakersfield Avalon, LLC, for Tract 5968 Phase 4 located south of Olive Drive and east of Old Farm Road. Final Map and Improvement Agreements with Harry Hardy for Tract 5944 Phase 3 located south of McKee Road and west of Akers Road. Final Map and Improvement Agreements with McMillin South San Lauren, LLC, for Tract 6042 Phases 1 and 2 located south of Krebs Road and west of Mohawk Street. Amendment No. 1 to Agreement No. 02-061 with Centennial Center, LLC for leased space at 900 Truxtun Avenue. Amendment No. 1 to Agreement No. 02-089 with Maranatha Corporation to extend the project completion date for the Southeast Infill Housing Project to June, 2004, and enlarge the targeted area boundaries up to Union Avenue. Amendment No. 2 to Agreement No. 03-044 with Meyer Civil Engineering, Inc., ($30,000.00, for a total compensation not to exceed $80,000.00) for improvement plan checking engineering services. Amendment No. 1 to Agreement No. 03-154 with Naffa International for $50,000.00 for commercial plan check services for a revised contract amount of $110,000.00. Correction of August 27, 2003 Agenda item s. to reflect appropriate developer, Parkside 88, named in Agreement No. 03-245 for the construction of road connection to Coffee Road from Tract 6018. (Ward 2) CONSENT CALENDAR continued Bids y. Construction of Parking Lot Expansion at P Street and 14~ Street: 1. Accept bid to award contract to Griffith Company ($385,000.00) for the project. 2. Appropriate $165,000.00 Offstraet Parking Lot Fund balance to the Capital Improvement Budget. (Ward 3) Accept bid to award contract to Granite Construction Company ($345,834.00) to construct Chester Avenue Streetscape project from 34~h Street to West Columbus Street. aa. Accept bid from Downtown Ford Sales ($197,982.43) for ten (10) replacement pickup trucks [Public Works Streets Division (5), Construction Engineering (2), Fire (1), Police (1), Recreation and Parks (1)]. Miscellaneous bb. Appropriate $179,635.00 in Code Enforcement Grant Program Funds (CEGP) to the Building Division Operating Budget and transfer:s99,160.00 to the Equipment Fund for vehicles. (Ward 2) cc. Bakersfield Rescue Mission: Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 03/04). Staff recommends adoption of Consent Calendar items a through cc. 6. WORKSHOP (20 min) Presentation regarding "Mill Creek", a conceptual 1.5 mile linear park along the Kern Island Canal. (Staff presentation by David Lyman, Pdncipal Planner) 7. CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. Two (2) potential cases. REGULAR MEETING - 7:00 p.m. 1. INVOCATION by Reverend Ezra Turner, Pleasant View Baptist Church. PLEDGE OF ALLEGIANCE by Austin Matson, 6t~ Grade Student at Stiern Middle School and Ryan Sanders, 4~h Grade Student at Berkshire Elementary School. 3. ROLLCALL 5. 6. 7. 8. (Ward 1) (Ward 4) CLOSED SESSION ACTION WORKSHOP - if time a//owed was conducted at 5:15 pm portion of meeting. PUBLIC STATEMENTS CONSENT CALENDAR- see items at 5:15 pm portion of meeting. HEARINGS Staff comments by Development Services Director Jack Hardisty on each hearing item. General Plan Amendment/Zone Change 03-0742; Dick Carr has proposed a General Plan Amendment on 5 acres along the south side of Wilson Road, approximately 600 feet west of Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LI (Light Industrial) to LMR (Low Medium Density Residential) on 5 gross acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-07 M-1 (Light Manufacturing) to MH (Mobilehome) and approving three modifications to the zoning ordinance for building setbacks, landscaping locations and tandem parking on 5 gross acres. Staff recommends adoption of the resolution approving the Negative Declaration and Genera/ Plan Amendment, and give first reading to the ordinance. General Plan Amendment/Zone Change No. 03-0745; Castle and Cooke California, inc. is appealing the Planning Commission's denial of a proposal to designate and zone the southeast corner of Stockdale Highway and Buena Vista Road for office development and move the existing multi-family residential designation and zoning the northwest corner of Stockdale Highway and Jewetta Avenue. Resolution approving the Negative Declaration and denying the General Plan Amendment to change land use designation from LR (Low Density Residential) to HR (High Density Residential) on 20.56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and HR (High Density Residential) to OC (Office Commercial) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road. First Reading of Ordinance adopting the Negative Declaration and denying the proposed amendment to Title 17 of the Municipal Code and Zoning Map Nos. 101-36, 122-01, and 123-06 to change the zoning from R-1 (One Family Dwelling) to R-3 (Limited Multiple Family Dwelling) on 20.56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and R-3 (Limited Multiple Family Dwelling) to C-O (Professional and Administrative Office) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road. Staff recommends adoption of resolution and give first reading to ordinance denying the appeal and upholding the Planning Commission's decision. 8o (Ward 4) (Ail Wards) (Ward 4) (Ward 3) HEARINGS continued General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Change 03-0774; Gregory D. Bynum, on behalf of Granite Falls, LLC, has proposed a General Plan Amendment on 16.86 acres located at the northwest corner of Granite Falls Drive and Coffee Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from MC (Major Commercial) to GC (General Commercial) on 16.86 acres. Resolution approving the Negative Declaration and adopting the Riverlakes Ranch Specific Plan Amendment consisting of changes to the text and the Land Use Map from MC (Major Commercial) to GC (General Commercial) on 16.86 acres. First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-20 from PCD (Planned Commercial Development) to C-2 (Regional Commercial) zone on 16.86 acres. Staff recommends adoption of resolution approving the Negative Declaration and General Plan Amendment, adoption of resolution approving the Riverlakes Ranch Specific Plan Amendment, and give first reading to ordinance. General Plan Amendment 03-0836; the City is proposing to amend the text of the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space- Slopes) land use designation to clarify that the land use and intensity permitted in the OS-S land use designation is consistent with the zone district for each individual parcel designated OS-S. Resolution making findings, approving the text amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space- Slopes) land use designation. (GPA No. 03-0836) Staff recommends adoption of resolution. First Reading of Ordinance approving the appeal and adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 102- 20 from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional Commercial) zone located at the southwest corner of Coffee Road and Rivedakes Drive (ZC 03-0824). Staff recommends approval of the appeal and give first reading to ordinance. Continued public hearing to consider 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; Steve Blumer, Developer) located on the south side of Paladino Drive, west of Morning Drive. Staff recommends adoption of resolution upholding the Planning Commission's decision, approving the Negative Declaration and Vesting Tentative Tract Map 6191, and denying the appeal. 7 10. 11. 12. (Ward 2) 13. 14. REPORTS DEFERRED BUSINESS NEW BUSINESS a. Lease cancellation and closure of International Square. Community Services Committee recommends approval. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 11/13/03 9:20 am 8 ADMINISTRATIVE REPORT ! MEETING DATE: November 19, 2003 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Rhonda Smiley, Office Admin./Public Relations DEPARTMENT HEAD November 6, 2003 CITY A'I-rORNEY APPROVED C, ,MA,AGE, Presentation by Rhonda Smiley, Office Administrator / Public Relations to department winners of the 2003 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: November 5, 2003, 10:49AM EIA Awards ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 IAGENDA SECTION: Appointments ITEM: H, IL. TO: FROM: DATE: Honorable Mayor and City Cou.ncil I,... Pamela A. McCarthy, City Clerk ~\ November 13, 2003 APPROVED DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER SUBJECT: Appointment of Economic Development Director as regular member and Principal Planner as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are currently two appointments to the Board of Zoning Adjustment due to the expiration of terms of the Economic Development Director, Regular Member, and Principal Planner, Alternate Member. Both terms expire December 1, 2003. The Board of Zoning Adjustment is an advisory body to the City Council, composed of three (3) staff members and appointed by the full Council. The Board administers zoning ordinances, modifications to zoning standards and conducts hearings rendering decisions on applications for conditional use permits and modifications subject to the provisions of the zoning ordinance regulating the granting of the permits. Meetings are held the second Tuesday of each month at 3:00 p.m., in the Council Chambers. Please note, in an effort to streamline the appointment process, staff will be introducing an ordinance for first reading which will allow for appointments of the specific positions designated by the Council to the Board of Zoning Adjustment for an unlimited term. rg November 13, 2003, 11:54AM S:\Bds&Comm\BZA 2003.dot ADMINISTRATIVE REPORT M EET NG DATE: November 19, 2003 IAGENDA SECTION: Consent Calendar ITEM: ..~. 0~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk November 6, 2003 CITY ATrORNEY. CITY MANAGER -- APPROVED DEPARTMENT HEAD/"'~J Approval of minutes of the November 5, 2003 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: S;/Council/adrnins~2003\NOV 19 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 10, 2003 APPROVED DEPARTMENT HEAD,,4~ <(<~,~--~-~,.~ CITY ATTORNEY Z~"-~ CITY MANAGER ~ Approval of department payments from October 24, 2003 to November 6, 2003 in the amount of $7,269,638.91 and self insurance payments from October 24, 2003 to November 6, 2003 in the amount of $159,023.84. RECOMMENDATION: Staff recommends approval of payments totaling $7,428,662.75. BACKGROUND: klg November 10, 2003, 3:17PM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: .~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director November 7, 2003 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Ordinance amending the Downtown Redevelopment Plan in order to eliminate the time limit on the incurrence of debt for the Downtown Redevelopment Project Area pursuant to Health and Safety Code Section 33333.6. (WARDS All) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: In 1994, several deadlines and tax increment bonding and dollar limitation restrictions for redevelopment agencies were enacted under AB1290. Additional legislation, which was effective in 2002 under SB 211 provided for redevelopment agencies the ability to eliminate the deadline for debt incurrence and/or to lengthen the deadline for the receipt of tax increment by 10 years. Changing many of these deadlines and dollar limits under AB 1290 or SB 211 resulted in new restrictions being placed on agencies. For example, under SB 211 lengthening the deadline for the receipt of tax increment is allowed for an additional 10 years, but in order to obtain the additional 10 years for receipt of funds, an agency must go through a formal plan amendment process with state oversight, the required 20% housing set aside is increased immediately to 30% and statutory pass through payments to other taxing authorities are required. Amending an older redevelopment plan in this manner might actually end up resulting in a lower amount of tax increment available to an agency to service its existing debt because of the additional 30% set aside requirement to the Iow and moderate housing fund. However, SB 211 also provides agencies a more simplified way to extend only its debt incurrence deadtine by 10 years through an ordinance adoption process without a formal plan amendment or public hearing and without increasing its housing set aside contribution beyond the existing mandatory 20%. Extending the debt deadline through this process will only trigger new mandatory pass through payments to other taxing authorities. If a Redevelopment Agency elects to go this route, the new required pass through payments to other taxing entities are required to be calculated on the increased tax increment from a newly established base year. In the case of the Downtown Redevelopment Plan, this new base year would be 2004. If assessed valuations were to decline below the 2004 base year level, the Agency would not be obligated for any pass through payments. If valuations continue to increase, the pass through payments would be calculated on the adjusted new increment generated above the 2004 base year. The new payments should not impact our current outstanding obligations and any new obligations we consider would be S:~Admins\City Council\SB211 plan amend dpa 2.doc 11/7/2003 7':52 AM ADMINISTRATIVE REPORT Page 2 figured net of these required pass through payments. The pass through payments would be required to be paid annually throughout the remaining life of our Downtown Redevelopment Plan until 2029/2030. Attached to the administrative report is an analysis to determine the potential tax increment that would be generated over the life of our Downtown Plan beginning FY 2003 until FY 2023, the last year the 1974 Amendment is eligible to receive increment. Our Agency will continue to receive a lesser amount of tax increment through 2028-2029, but additional detailed information is required to analyze those years and it is not available from Kern County by sub-area. The table indicates that we could potentially receive adjusted net tax increment of $39,700,268. Staff used a modest 3% growth of our assessment for valuation purposes in determining the tax increment calculation. There is currently a total COP obligation of $22,800,000 and other development OPA reimbursement agreements of $116,360. The total new pass through payments to other taxing agencies would go into effect if we extend the debt incurrence time limit and have been estimated at $3,379,356, leaving the remaining tax increment to the Agency throughout the life of the Downtown Redevelopment Plan estimated at $13,308,274. This is a rather significant amount of tax increment that could be bonded or used to collateralize loans, commercial notes and OPA reimbursement agreement obligations for downtown projects over the next 20 years. It appears from our analysis that extending the time limit for issuing debt for the Downtown redevelopment plan makes good sense. By adopting the ordinance, the Redevelopment Agency and City Council will have the opportunity to continue to meet the goals and objectives as established in the Downtown implementation plan to promote the economic revitalization of the project area, eliminate and prevent the spread of blight, provide a broad range of public service infrastructure improvements to induce pdvate investment and improve housing opportunities for Iow and moderate income persons. The Bakersfield Redevelopment Agency approved a resolution requesting that the City of Bakersfield amend the Downtown Redevelopment Plan at their October 13, 2003 meeting. Based on this analysis, staff recommendation is to extend the debt incurrence deadline by Ordinance before the January 2004 deadline, First reading of this item was heard at the November 5, 2003 City Council Meeting. S:~Admins\City Council~SB211 plan amend dpa 2.doc 11/7120037:52 AM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent IITEM: ~. GL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 31, 2003 DEPARTME"T HE~-D ?~ Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to an R-2 (Limited Multiple Family Dwelling) zone on 19.11 acres and to an R-1 (One Family Dwelling) zone on 20 acres generally located south of McKee Road, between Wible and State Highway 99 (ZC 03- 0341). (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council held first reading of the ordinance on November 5, 2003. This project would permit the development of single family and multiple family residential units on the 40+ acre site. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on September 18, 2003. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission vote was four to one for the project. Commissioner Gay voted no and wanted the multiple family residential area to be located along two major roadways (specifically Wible and McKee Roads). There is no General Plan policy requiring multi-family residential to be sited at the intersection of two major roads. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on August 15, 2003, in accordance with CEQA. MO Admin\nov\l 1-19-0341 ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 I ITEM: 5o~. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 6, 2003 Brimhall Planned Sewer Area (Ward 4) APPROVED DEPARTMENT HEAD ~---~ CITY ATTORNEY CITY MANAGER Resolution of the City of Bakersfield Adopting the Brimhall Planned Sewer Area and Making Findings Thereto. An Ordinance of the Council of the City of Bakersfield amending Section 16,32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (Second reading) RECOMMENDATION: Staff recommends adoption the Resolution and the Ordinance. BACKGROUND: The city has constructed a sewer trunkline in Brimhall Road west of Allen Road to serve an area generally bounded by Hageman Road on the nor[h, Allen Road on the east, Sunnybank Avenue on the south and Rudd Road on the west. Sewer Enterprise funds were used to front the cost of this project. These funds will be reimbursed as new developments and existing parcels within the area connect to the sewer trunkline. This resolution adopts the Brimhall Planned Sewer Area. This ordinance adds the Brimhall Planned Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. Ivd October 28, 2003, 9:21AM G:\GROUPDAT~ADMINRPT~2003\11-19\BrimhalfPSAadopt. DOC ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: ....~.-'~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager November 6, 2003 APPROVED DEPARTMENTHEAD ~(~_~-'? CITY A'rrORNEY CITY MANAGER Changes to Salary Schedule and New and Revised Job Specifications Amendment No. 7 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Animal Control Officer New Job Specification: Animal Control Officer Revised Job Specifications: Building Inspector Ill - Generalist, Building Inspector Ill - Electrical Specialist, Building Inspector III - Plumbing and Mechanical, and Wastewater Treatment Plant Lab Technician RECOMMENDATION: Staff recommends adoption of the resolution and approval of the new and revised job specifications. BACKGROUND: Animal Control Services: In the eventuality that the City is not able to work out an agreement with the County, the City will need to hire regular instead of temporary employees for animal control services. Therefore, three job specifications have been developed for the positions that would need to be converted which are Animal Control Supervisor, Animal Control Officer and Animal Care Worker. However, due to concerns expressed by representatives of C.C.A.P.E. regarding these changes, staff is recommending that only the Animal Control Officer classification be approved at this time and the Animal Care Worker and Animal Control Supervisor positions be further reviewed by staff to address concerns expressed by the union. Buildinq Inspection: At the request of the Development Services Director, the job specifications for Building Inspector III - Generalist, Building Inspector III - Electrical Specialist and Building Inspector Ill - Plumbing and Mechanical have been reviewed and updated to make the minimum qualifications more consistent across departments. Specifically, the educational requirement has been increased to require an Associate's Degree. It is imperative that replacements recruited for these positions possess the requisite supervisory November 14, 2003, 10:34AM Document1 ADMINISTRATIVE REPORT skills normally obtained through the higher education process. In addition, the qualifications have been updated to reflect the changing building credential environment. Current incumbents who do not meet the new minimum qualifications will be grandfathered in the Building Inspector III classification. The new job specifications will be presented to the Miscellaneous Civil Service Board at their November 18, 2003 meeting. Wastewater: At the request of the Public Works Director, the job specification for Wastewater Treatment Plant Lab Technician has been revised to increase the time frame that a new employee has to obtain a California Water Environment Association (CWEA) Laboratory Analyst Grade I Certification. The test for this certification is only given twice per year. To allow sufficient time to enroll, test and receive passing notification, the time allowed to obtain the Grade I certification has been increased from six months to one year. The new job specifications will be presented to the Miscellaneous Civil Service Board at their November 18, 2003 meeting. C.C.A.P.E. concurs with the proposed recommendation. (im) November 14, 2003, 10:30AM Document1 ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 6, 2003 APPROVED CITY ATTORNEY ~ CITY MANAGER Resolution of the City of Bakersfield terminating Agreement No. 99-242/RA99-2 to use Tax Increment Revenue to reimburse the City for up to $275,000 for costs associated with the replacement and installation of street lights on Baker Street between Highway 178 and Truxtun Avenue. (Ward 2). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On June 30, 1999, the City of Bakersfield created the Otd Town Kern-Pioneer Redevelopment Project Area to alleviate blight in the Old Town Kern area of Bakersfield. As a part of this effort to alleviate blight on Baker Street, the City Council authorized the replacement and installation of street lights which would be conducive to the historic flavor of the area. Because the City did not have general funds available to fund the street light project, CDBG funds were projected for use to complete the project. In order to assist in the project, the Bakersfield Redevelopment Agency also agreed to use tax increment revenue to reimburse the City for costs associated with the project. On September 22, 1999, the City and the Agency entered into Agreement 99-242/RA 99-2 establishing the terms of the reimbursement. However, since the agreement was executed, the City has received other funding sources in the form of grants to pay for the street lighting project and no longer has the need to use CDBG funds or tax increment funds for the project. Therefore, it is no longer necessary for the Agreement to remain in force and staff recommends both the City and Agency terminate the agreement. S:~Admins\City Council\TerminateAgmt99-242RA99.2OTKStLights.doc 11/6/2003 10:09 AM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. h. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 6, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory, Area 3-24 (Panama, Stine SW) 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 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On November 5, 2003 the Council adopted Resolution of Intention No. 1318 to add territory, Area 3-24 (Panama, Stine SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Assessor's Parcel 497-020-19. Area 3-24 is generally bounded by Panama Road on the north, Stine Road on the east, a line 1200 feet south of Panama Road on the south and a line 635 feet west of Stine on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. Lvd October 23. 2003, 5:22PM G :\GROUP DAT%AD MIN RPT~2.003\I 1-19\MD3-24Es103 dot ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SE, CTION: Consent Calendar TEM: 5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 23, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY /(~ CITY MANAGER EmergencyRepairsRequiredatFourCarrierCanalCrossings(Ward2): Resolution dispensing with bidding procedures due to emergency repairs required at the four Carrier Canal Crossings, not to exceed $1,700,000 (initial estimate only). Appropriate $1,700,000 (initial estimate of costs) Sewer Enterprise Fund loan to the Agriculture Water Fund's Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of resolution and appropriation. BACKGROUND: As a result of the culvert pipe failure at 19TM and Oak Streets on October 30, 2003, the Public Works Department immediately began an investigation into the condition of the four other Carrier Canal crossings that are downstream of the collapsed area. The Public Works Director and the Assistant Public Works Director personally conducted the investigation. Attached to the Resolution is a "Report of Findings" which summarizes the condition of the crossings and recommended course of action. While the results of the investigation showed no indication that the four canal crossings are in imminent danger of collapsing, the Public Works Director recommends that the most prudent action would be to commence with the necessary repairs immediately. The four Carrier Canal Crossings are located at: · Truxtun Avenue, west of Oak Street, near the City pistol range; · Mohawk Street, south of Truxtun Avenue; · Truxtun Avenue, east of Qualridge Road; and · The main entrance of the City Corporation Yard off of Truxtun Avenue Repairs to the four canal crossings will be made using the in-situ technique. Basically, this involves a process of constructing a new reinforced pipe within the existing pipe, using high strength gunnite material. By utilizing the in-situ method of repair, there will be no disruption to existing traffic flows. The repairs to the four canal crossings will commence on November 10, 2003, and will be done in a sequential process, beginning with the site on Truxtun Avenue, near the Pistol Range. As crews complete November ~ 2, 2003, 1:03PM G:\GROUPDAT~ADMIN RP7%2003\11-19\Culvert Admin. DOC ADMINISTRATIVE REPORT their construction at that site, they will then move on to Mohawk, followed by the Truxtun/Quailridge site, and finally, the Corporation Yard site. The repairs will be completed by January, 2004. The Public Works Director has determined that the repairs could not be fixed by City staff alone and found this problem to be an emergency and the work to be performed was of urgent necessity for the preservation of life, health, or property. The four Carrier Canal Crossings are constructed with a metal plate arched culvert which is not the best structure available. Repairing the crossings requires water flow to be diverted from the Canal. Time is of the essence in completing these repairs to ensure that there is no damage to the farmers' crops. Kern Delta Water Agency has offered to re-schedule any water requests involving the Carrier Canal until after early January. The Public Works Director authorized Granite Construction, on a time-and-materials basis, to repair the four Carrier Canal Crossings. (Note: This agreement will be submitted at a future council meeting for consideration.). The attached Resolution authorizes the dispensing of bidding requirements as set forth in Section 3.20.060 of the Bakersfield Municipal Code, with a not to exceed amount of $1,700,000 (initial estimate only). At a future council meeting, staff will provide more precise information as to the costs. Due to limited cash flow within the Agriculture Water Fund, staff recommends that these repairs be financed with a $1,700,000 interfund loan from the Sewer Enterprise Fund. If approved, the total interfund loan would be $3,700,000 (A $2,000,000 loan was previously approved by Council on November 5~ for the culvert failure at 19t" and Oak Streets): It is also recommended that this loan have a ten year payment period, with 4% interest (Staff recommended a seven year repayment schedule for the first interfund loan. Staff recommends increasing the repayment period to ensure adequate cash flow within the Agricultural Water Fund to service the loan.). The first principal payment will commence in December, 2007, which is one year after the final principal payment is made on the 2002 General Obligation Water Refunding Bonds. The City and the Kern Delta Water Agency share ownership of the Carrier Canal. City staff will work with the Water Agency regarding their fair share of the emergency repair costs. November 12, 2003, 1:03PM G:\G ROU PDATV~DMiN R P'F~2003\11-19\Culvert Admin. DOC ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ri'EM: 5.0' TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 6, 2003 APPROVED DEPARTMENT HEAD /~..~. CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Resolution of Intention No. 1253 to add territory, Area 1-25 (Stockdale, Allen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report, (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tracts Nos. 6069, 6070, 6071, 6072, 6073, 6074, 6075 and 6185 to be included into 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 median and street landscaping. Area 1-25 is generally bounded by the Kern River Parkway on the north, Jewetta Avenue on the east, Stockdale Highway on the south and Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received letters from the owner of the property described above which waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted Proposition 218 ballots 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 maps. Lvd November 6, 2003, 4:18PM G:\GROUPDAT~ADMINRPTt2003\11-19\MD1-25Ri03,dot ADMINISTRATIVE ' REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: _~. [. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ DATE: October 31, 2003 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Agreement with the Bakersfield Senior Citizen Center for $50,000 of FY 2003-04 Community Development Block Grant (CDBG) funds for operational expenses at the 530 4:h Street Center. 0NARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Since 1983, the Bakersfield Senior Citizen Center (BSC), a 501 (c) (3) non-profit corporation, has been providing senior services at 530 4th Street. The center provides a variety of recreational, social, educational, and vocational training activities primarily for seniors of the Greater Bakersfield Metropolitan Area. Over the last 19 years, CDBG funds have been used to expand the facilities there at the 4TM Street center. During the last few years, a reduction of donations and fund raisers has impacted the operations of the BSC. At the October 4, 2001 Budget and Finance Committee meeting, it was recommended that the City provide BSC with funds required to pay the expenses to operate the facility from June 2001 to July 2002 for a one-time contribution of $50,000 of Council Contingency funds. That recommendation was approved by the City Council at their October 10, 2001 meeting. In addition, it was recommended that BSC apply for CDBG funds in subsequent years. BSC received CDBG funds in FY 2002-03, which were used to meet operations expenses for that fiscal year. BSC is asking, once again, for operating funds to meet the increasing costs of delivering services to the senior citizens in their service area. An increase of revenue over the last 12 months, including the funds from the City, has allowed BSC to stabilize its operations and in some cases offer increased levels of service to its constituents. The center has added a noon-time meal for its clients, as an additional service. The proposed agreement will provide $50,000 of CDBG funds to assist in providing senior services at the BSC facility on 4''~ Street. The Bakersfield Senior Center has submitted a proposed operating budget for the next 12 months of $154,205, excluding Bingo revenues. S:~Admins\City Councii~BSC services agreement admin.doc 10131/2003 8:58 AM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar J ITEM: 5. t. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director October 30, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~ Agreement with Bethany Services for $51,000 of Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue services at the Bakersfield Homeless Center, 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This is the eighth year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as, funding preventive programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development and implementation of homeless prevention activities. It has been the Council's practice not to approve operating funds to non-profit agencies requesting assistance. However, with respect to ESG funds the Council has made an exception and allowed the use of these funds for operational purposes. Thus, this agreement does include operational funds to provide essential services for homeless prevention activities. With respect to all other federal entitlements staff will continue to implement Council policy of precluding the use of such funds for operations. As a part of the Fiscal Year 2003/04 budget process, the Council approved, in principle, the funding for Bethany Services of up to $51,000 for eligible ESG activities. The agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in the narrative below: Operational Activities: include utilities, office supplies, telephone costs, insurance, occupancy products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial and maintenance services necessary to the on-going operation of the Center. No more than $51,000 of the grant will be used to provide these operational activities. All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. S:/Admins\City Council'SHC ESG 2003-04.doc 10/30/2003 11:14 AM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: .~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director October 30, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER Agreement with Bakersfield Rescue Mission for $51,000 of Emergency Shelter Grant (ESG) funds to support the essential services and operating costs necessary to continue services at the Bakersfield Rescue Mission, 830 Beale Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This is the eighth year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of operating the shelters, and provide essential social services, as well as, funding preventive programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development and implementation of homeless prevention activities. It has been the Council's practice not to approve operating funds to non-profit agencies requesting assistance. However, with respect to ESG funds the Council has made an exception and allowed the use of these funds for operational purposes. Thus, this agreement does include operational funds to provide essential services for homeless prevention activities. With respect to all other federal entitlements staff will continue to implement Council policy of precluding the use of such funds for operations. As a part of the Fiscal Year 2003/04 budget process, the Council approved, in principle, the funding for Bakersfield Rescue Mission of up to $51,000 for eligible ESG activities. The agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in the table and narratives below: Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial and maintenance services necessary to the on-going operation of the Rescue Mission. No more than $40,740 of the grant will be used to provide these operational activities. S:tAdmins\City CounciltRescue Mission ESG 2003-04 doc 10/30/2003 11:16 AM ADMINISTRATIVE REPORT Page 2 Essential Services: To fund an additional position of case manager. This individual will provide early detection of substance and alcohol abuse by clients, create a personalized program plan to move clients towards independent living, provide contacts and referrals to various agencies. The total amount of ESG funds expended to meet costs of this essential service shall not exceed $10,260. Essential Services $10,260 Operational Activities $40,740 Total ESG Grant $51,000 All activities funded with the ESG grant will be completed within one calendar year of execution of the agreement. S:~Adrnins\City Council\Rescue Mission ESG 2003-04.doc 10/30/200311:16 AM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 6, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 3, 2003 CITY ATTORNEY CITY MANAGER Bakersfield Municipal Airport Ground Leases (Ward 1) DEPARTMENT HEAD ~PROVED 1) Ground Lease Agreement with Omdahl Harvesting Inc. (Dan Lamb) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. 2) Ground Lease Agreement with Omdahl Harvesting Inc. (L. Keith Lamb) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. 3) Ground Lease Agreement with Charles Douglas for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of ground leases allowing construction of owner hangars. Currently there are eleven such Ground Lease Agreements and constructed hangars. The term of these agreements is for a period of twenty years with the option of two 5-year extensions. The approximate size of the aircraft storage hangars is 2,000 square feet. NovemBer 3, 2003, 7:46AM G:\GROUPDAT\ADMINRPT~2.003\I 1-19\Omdahl Harvesting - Douglas Ground Lease.doc ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: ~). O, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 3, 2003 DEPARTMENTHEAD ~'~'~2VED CITY ATTORNEY~.../~' CITY MANAGER ~ Material grinding at the Mount Vernon Recycling Center (Ward I): '1. Agreement with JWR, not to exceed $100,000, to grind greenwaste material at the Mount Vernon Recycling Center. 2. Appropriate $30,000 County Share and $70,000 Solid Waste Enterprise Fund Balance to the Operating Budget. RECOMMENDATION: Staff recommends approval of agreement and appropriation, BACKGROUND: Over the last three years, the Mt. Vernon Recycling Center has increased its intake of greenwaste materials by approximately 17,000 tons per year. This increase is due to growth in population and expanded greenwaste diversion programs within the City and County. During this same time period, the grinder used to process material experienced downtime due to repairs. The Solid Waste Division has now acquired a new grinder; however, the accumulation of downtime on the old grinder has created a significant stockpile of unprocessed greenwaste material. In order to process the backlog of greenwaste material, staff recommends approval of the agreement with JWR to completely grind the stockpiles and appropriate the necessary funds. This expense is subject to the shared County Greenwaste Agreement. The County will be responsible for approximately 30% of the cost. G:\GROUPDAT~DM1NRPT~2.003\I I-19~Admin - Grinding at Mt Vernon Recycling Center.doc 11/7/2003 ADMINIST TIVE MEETING DATE: REPORT I November 19, 2003 I AGENDA SECTION: Consent Calendar I ITEM: 5. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Chfistensen, Assistant City Manager November 6, 2003 DEPARTMENT HEAD CITY A'CFORNEY CITY MANAGER Memorandum of Understanding with North Bakersfield Recreation and Parks District (NBRP) for use of two (2) lighted fields at the 40-acre park at Stockdale Highway and Buena Vista Road RECOMMENDATION: Staff recommends approval of the MOU. BACKGROUND: On July 10, 2002, the City Council denied an appeal by NBRP 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 NBRP 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 NBRP will memorialize details of usage, permits, insurance and indemnification language at a later date after the fields are completed. Staff met with representatives from AYSO and NBRP on October 16, 2003 to discuss AYSO's concern that allowing NBRP to use the fields would be a detriment to the AYSO program. The meeting was productive and there appears to be a better understanding between the agencies. Since this is an MOU and not a final agreement and the 40-acre park is at least two years away from development, the par'des involved will have time to work out any details before a final agreement is reached between the City and NBRP. One positive that occurred at the meeting was that AYSO, NBRP, and the City agreed to meet on a regular basis to discuss this issue and other related planning items. JS:js ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 I AGENDA SECTION: Consent Calendar ITEM: 5. O~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 5, 2003 Southeast Infill Housing Targeted Area (WARD 1) APPROVED DEPARTMENT HEAD /DL CITY ATTORNEY ~ CITY MANAGER ~ 1) Agreement regarding acquisition of property for construction of affordable housing with Southeast Bakersfield Community Neighborhood Housing Development Group jn an amount not to exceed $10,000 of Community Development Block Grant (CDBG) funds. 2) Agreement regarding acquisition of property for construction of affordable housing with D.O.D. Development in an amount not to exceed $10,000 of Community Development Block Grant (CDBG) funds. RECOMMENDATION: Staff recommends approval. BACKGROUND: In May of 2001, the City of Bakersfield established the Southeast Infill Housing Construction Program. Staff previously identified more than 135 vacant residential lots, on which housing could be built. An RFP was developed and circulated among potential housing developers to buitd homes in the area. There are currently four participating contractors and since actual construction for the Infill Housing Construction Project started in 2002, more that 15 new homes have been constructed and sold, in the targeted area. During the past two years, Southeast Bakersfield Community Neighborhood Housing Development Group (SBCNHDG - Marvin Dean, Principal) has constructed and sold three affordable housing units and D.O.D. Development (D.O.D.) has constructed and sold five affordable housing units in the Southeast Infill Target Area. SBCNHDG and D.O.D. desire to continue building affordable homes in the targeted area; however, recent increases in property costs and development costs, coupled with sales prices dictated by the real estate market, make it difficult to build affordable homes in the area. In previous agreements with both developers, a property acquisition grant was promised, however, the funds were not actualty disbursed, due to timing of closing issues between the City and the escrow companies. The proposed agreement will provide a grant of $10,000 in CDBG funds to serve as seed-money to defray costs of development. This grant is a one-time-only grant of funds for property acquisition. The activities covered by this agreement will be completed in no more than 27 weeks from the date of execution. S:~Admins\City CounciAsbcnhdg & dod ADMIN REPORT,doc 11/5/2003 3:18 PM ADMINISTRATIVE REPORT ME~- lING DATE: October 22, 2003 AGENDA SECTION: Consent ITEM: 6. r'. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning October 31, 2003 DEPARTMENT~E/~) CITY ATrORN~¥ CITY MANAGER SUBJECT: Agreement to Indemnify LAFCO for City Annexation No. 441, Proceeding 1362, uninhabited territory located west of Allen Road, generally north of Noriega 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 89 acres located west of Allen Road, generally north of Noriega Road. The property owner wishes to receive city services and has consented to annexation. MO:Pit Admin\nov\l 1-19-441 ADMINISTRATIVE REPORT Mi=l= rING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar IITEM: 5. ,5. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 5, 2003 Tract Maps and Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 2 located west of Monitor Street and south of Berkshire Road. (Ward 7) Final Map and Improvement Agreements with Hampton Place, LP, for Tract 6007 Unit 3 located south of Palm Avenue and west of Allen Road. 0Nard 4) Final Map and Improvement Agreements with Parkside 88 and Elmer F. Karpe, Inc., for Tract 6018 located north of Hageman Road and west of Coffee Road. (Ward 4) Final Map and Improvement Agreement with D. R. Horton Los Angeles Holding Company for Tract 6107 Phase 3 located north of Hageman Road and east of Calloway Drive. (Ward 4) (5) Final Map and Improvement Agreements with San Joaquin Development Group II, LLC, for Tract 6152 Phase 1 located south of McKee Road and west o(Wible Road. (Ward 6) (6) Final Map and Improvement Agreements with Bakersfield Avalon, LLC, for Tract 5968 Phase 4 located south of Olive Drive and east of Old Farm Road. (Ward 4) (7) Final Map and Improvement Agreements with Harry Hardy for Tract 5944 Phase 3 located south of McKee Road and west of Akers Road. (Ward 6) (8) Final Map and Improvement Agreements with McMillin South San Lauren, LLC, for Tract 6042 located south of Krebs Road and west of Mohawk Street, Phases :l: & 2. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. November 6, 2003, 8:25AM G:\GROUPDAT~ADMINRPT~2003~I 1-19\MAP AND IMPROVEMENT AGR dot ADMINISTRATIVE REPORT 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. ARE FILED 1N THE CITY CLERK S OFFICE FOR REVIEW. td November 6, 2003, 8:25AM G:\GROUPDAT~ADMINRPTt2003\i 1-19\MAP AND IMPROVEMENT AGR.dol ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 ITEM: 5. ~'. AGENDA SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 5, 2003 APPROVED DEPARTMENT HEAD ~ SUBJECT: Amendment No. 1 to Agreement No. 02-061 with Centennial Center, LLC for leased space at 900 Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On March 6, 2002, the City of Bakersfield entered into Agreement No. 02-061 to lease administrative office space at 900 Truxtun Avenue for the Recreation & Parks and the Economic & Community Development Departments. The City agreed to lease approximately 17,242 square feet of the 34,290 square foot building which was under construction at that time. This represented approximately two-thirds of the first floor and the entire second floor. The lease provided that the tenant improvements would be constructed in accordance with floor plans designed by the City. Per that design, two large conference rooms were constructed on the first floor, one for each department. Subsequently, the landlord, Centennial Center, LLC inquired if the City was interested in relinquishing some space so that it could be incorporated into the adjoining restaurant space they are developing. Both departments reviewed their space needs and determined that they could achieve greater operational efficiencies by sharing the remaining first floor conference room and reduce their rent payments. The attached amendment provides for a reduction in the rentable area from 17,242 to 16,712 square feet and the rent from $25,000/month to $24,234/month. November 5, 2003, 4:46PM P:\MyFiles',Admin ReportsLq00 Truxtun Amend doc DMA/s ?. ADMINISTRATIVE REPORT l Mt=~ HNG DATE: November 19, 2003 I AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 10, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Amendment #1 to Agreement No. 02-089 with Maranatha Corporation to extend the project completion date for the Southeast Infill Housing Project to June, 2004; and enlarge the targeted area boundaries up to Union Avenue. (Ward 1) RECOMMENDATION: Staff recommends approval· BACKGROUND: The City Council approved Agreement #02-089 on April 10, 2002, authorizing Maranatha Corporation to receive $100,000 in HOME Investment Partnerships Program (HOME) funds to purchase no less than 10 residential lots and build no less than 10 affordable homes for Iow income families, in the Southeast Bakersfield Infill Housing targeted area. Maranatha Corporation was able to secure a construction loan commitment and additional home buyer down payment assistance funds for the 10 affordable homes. However, Maranatha Corporation stated that they were unable to negotiate enough property purchase agreements within the targeted area, because landowners demanded higher prices for the properties than the project proformas could bear, and properties that were reasonably priced were tied up in probate or some other legal problems. Due to the inability to purchase acceptable properties; they will not be able to meet the project timeline for property acquisition, construction, and selling of the homes. Maranatha is requesting the City: 1) extend the project area to include properties as far west as Union Avenue; and 2) extend the project completion date from December 2003, to June 30, 2004. There is no increase in funds to this project and all other provisions and requirements of Agreement 02-089 remain in effect. No funds will be disbursed to Maranatha Corporation until the Federal Department of Housing and Urban Development approves the new environmental release of funds. S:~Admins\City Council\Maranatha Amendment #1 AGR 02-089ADMiN REPORT.doc 11/10/2003 10:02 AM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar IITEM: 5. ¥, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 3, 2003 DEPARTMENT HEAD CITY ATTORNEY 7~~-'~ ,..._./ c,TY MA.A ER Amendment No. 2 to Agreement No. 03-044, Design Consultant Contract with Meyer Civil Engineering, Inc., $30,000 (for total not to exceed compensation of $80,000) for improvement plan checking engineering services. RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The Subdivision Section of the Public Works Department continues to receive an unprecedented number of submittals for plancheck and currently has a 5 week backlog for improvement plan check. The goal is to review plans within 2 weeks of submittal. In order to maintain an acceptable service level for the development community, staff recommends amending the contract for Meyer Civil Engineering, Inc. to provide plan checking services during peak times. Sufficient funds are budgeted to cover this amendment. mps G:\GROUPDAT~,DMINRPT~.003\i 1-19\Meyer CE Inc Contract Amendment 2 Admin.doc 11/4/2003 ADMINISTRATIVE REPORT MEETING DATE: November; 19, 2003 AGENDA SECTION: Consent Calendar ITEM:. ,5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building October 31, 2003 ~ A_~PROVED DEPARTMENT ~~_~_ C ITYA TTOR N.~¢ ./~..~ CITY MANAGER Amendment No. 1 to Agreement 03-154 with Naffa International for $50,000 for commercial plan check services for a revised contract amount of $110,000. RECOMMENDATION: Staff recommends the City Council approve the contract amendment. BACKGROUND: On June 11, 2003 Council approved Agreement No. 03-154 with Naffa international to plan check commercial and residential plans. With the increased building activity continuing staff is recommending to amend the agreement in order to maintain minimum service levels during the period of increased activity. October 31,2003, 1:56PM P:\NaffaAdminRpt.dotBIdg~Am endNo. 1 03-154 ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: ,~, X. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 6, 2003 APPROVED DEPARTMENT HEAD /,/~/~ CITY MANAGER Correction of August 27, 2003, Agenda Item S. to reflect appropriate developer, Parkside 88, named in Agreement No. 03-245 for the construction of road connection to Coffee Road from Tract 6018 (Ward 4). RECOMMENDATION: Staff recommends acceptance of correction to records. BACKGROUND: At the August 27, 2003, Council Meeting, agenda item 8.s., (Agreement for Infrastructure Development with Elmer F. Karpe, Inc., $40,000, to facilitate construction of a road connection to Coffee Road from Tract) was approved. After the Administrative Report was submitted for council approval, the Vice President of Karpe Real Estate Center requested that the Agreement be changed to reference the Developer as Parkside 88, Corporation instead of Elmer F. Karpe, Inc. Parkside 88 is affiliated with Karpe Real Estate and has been named as additional insured on Elmer F. Karpe's insurance policies for purposes of this Agreement. In addition, it was requested that Paragraph 3. City Responsibility be changed to reflect the City be responsible for handling the removal of landscaping and irrigation systems in order for the developer to connect the project to Coffee Road and replacing all irrigation and landscaping after the street improvements have been completed. These changes were agreed to and made. The amended Agreement has since been processed and signed. Unfortunately, the Administrative Report was not corrected to reflect the changes. Staff recommends correction of the August 27, 2003, official records, JLR/dns November 12, 2003, 10:41AM G:\GROUPDATV~DMINRPT~003\i 1-19\Correct Name on Agreement Admin dot ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. ~. TO: Honorable Mayor and City Council AP..P~OVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 27, 2003 CITY A'I-rORNEY CITY MANAGER"'"~(~ SUBJECT: Construction of Parking Lot Expansion at P Street and 14th Street (Ward 2): 1. Accept bid to award contract to Griffith Company ($385,000) for the project. 2. Appropriate $165,000 Offstreet Parking Lot Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: This project consists of expanding the existing Centennial Garden and Convention Center parking lot to accommodate parking needs for activities at the Ice Sports Center and McMurtrey Aquatic Center. The parking lot expansion will create 230 parking stalls and 10 handicap parking stalls on 14th Street just north of the Ice Sports and McMurtrey Aquatic Center. This is the former site of the Kern County Foodbank and the adjacent property to the west. The project will include landscaping and street lighting within the expanded parking area. A kiosk with access control gates will be installed which will provide the option for this new parking area to be independently controlled from the existing parking area. Additional appropriations are needed to fund the bid. Three acceptable bids were received on October 23, 2003 as follows: Griffith Company 1898 S. Union Avenue Bakersfield, CA 93307 (City) In the amount of $385,000.00 Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 In the amount of $418,223.60 Solid Construction, Inc 3413 Ginseng Drive Bakersfield, CA 93309 (City) the amount of $438,407.50 November 4, 2003, 10:35AM G:\GROUPDA'I'~DMINRPT~2.003\I 1-19\14-P Parkinglot.doc ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. 7_. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 31,2003 .~.P-.,PROVED DEPARTMENT HEAD ~'~'~--- CITY ATTORNEY ~ CITY MANAGER _¢~T~ Accept bid to award contract to Granite Construction Co. ($345,834) to construct Chester Avenue Streetscape Project from 34t~ Street to West Columbus Street 0Nard 3). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of reconstructing median islands on Chester Avenue, from 34th Street to West Columbus Street, with a combination of hardscape and landscape improvements. This project is funded with Community Development Block Grant funds. The project was previously bid in June 2003, with all bids rejected at the July 30, 2003, Council Meeting. The bids were rejected since all bids received exceeded the engineer's estimate for the project. Since then, the project was redesigned by eliminating some items of work and transferring other items to City crews. This construction project includes installation of new median curbs with cobblestone and exposed aggregate surfaces on the median islands and an irrigation system for future tree and shrub planting, which will be performed by City crews. The Engineer's Estimate for this project was $326,800. Total project bid cost, including work to be done by City crews, is estimated at $356,000. Two acceptable bids were received on October 28, 2003 as follows: Granite Construction 3000 James Road Bakersfield, CA 93308 Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (County) in amount of $345,834.00 (City) In amount of $351,057.00 WGM Public Works/Design Engineering November 3, 2003, 1:38PM G :\G ROU PDAT~ADMIN R PT~2003\11-19\Chester Avenue Streetscabe Project.doc ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 7, 2003 APPROVED DEP^RTME.T CITY MANAGER Accept bid from Downtown Ford Sales for ten (10) replacement Pickup Trucks $197,982.43 [Public Works Streets Division (5), Construction Engineering (2), Fire (1), Police (1), Recreation and Parks (1)]. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to twelve (12) vendors. follows: Four (4) bids were received, as Downtown Ford 525 North 16th Street Sacramento CA 95814 Jim Burke Ford 2001 Oak Street Bakersfield CA 93301 With 1% sales tax consideration Hoblit Motors P.O. Box 910 Woodland CA 95776 Dilfer C-J-D 626 Cecil Avenue Delano CA 93215 Pickup Truck Pickup Truck Pickup Truck Pickup Truck 6400 GVWw/CNG 6400 GVWw/Xcab 8600 GVW 8600 GVW 4 each power wfndow~door 4 each turbo/dualtires I each I each _$8~3_ 0__75.8~ ', $18,360.1~ L$72,016.2~ _~$2~'~3~ $96,755.36 $19,461.42 $73,460.08 $25,710.57 $95,853.24 $19,279.97 $72, 775. 12 $25,470.85 $90,212.28 $19,204.53 $75,306.68 $26,143.47 No Bid $24,567.76 $90,377.44 $29,392.94 Purchasing Division DW:ljm P:~ADMIN~O03 ADMIN\C03_I 119_A_Pickup Trucks.doc November 7, 2003, 1 ;18PM ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: ._.R. bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building November 5, 2003 ..~.~OVED DEPARTMENT H E~'~/~ CITY*TTORN / Appropriate $179,635 in Code Enforcement Grant Program Funds (CEGP) to the Building Division Operating Budget and transfer $99,160 to the Equipment Fund for vehicles. (All wards) RECOMMENDATION: Staff recommends the appropriation of the Code Enforcement Grant program Funds. BACKGROUND: The City of Bakersfield has been awarded a grant from the California Department of Housing and Community Development to participate in the Code Enforcement Grant Program (CEPG). The grant funds received are for funding for capital expenditures related to housing, code maintenance or compliance These items include a stakebed truck and trailer, a four wheel drive vehicle, two sedans, and surveillance equipment. The four wheel drive vehicle and sedans will be used to replace existing fleet vehicles Other items include computers and minor equipment November 12, 2003. 946AM P:\Budding\CENFORCE,MEETING DATE doc ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: November 6, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Bakersfield Rescue Mission: 1) Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 03/04). (VVard 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: A public notice was published on September 18, 2003 to begin the 30-day public comment period for the proposed amendment. On September 24, 2003, a comment was received from Jerr7 Randall (representing the Association of Old Town Kern) voicing their concerns that the acquisition of the Salvation Army building by the Bakersfield Rescue Mission would hamper the City's and the Association's efforts to revitalize the Baker Street Area. The Association members felt that the development to the Salvation Army building, as an emergency homeless shelter, would only increase the number of homeless to the already saturated area. After several meetings between the Association, Rescue Mission, and City staff, the Rescue Mission acknowledge that the overall development of the Salvation Army building for a shelter would only replace the clients currently sheltered in the overflow Rescue Mission gymnasium (currently housing up to 125 overflow clients). The total number of homeless clients residing at the Rescue Mission including those in the Lonnie Heath Crisis Residence (115) and the proposed Salvation Army building (125), would be capped at 240 clients. In addition to the cap, the Mission is proposing to conved the gymnasium for staff offices and training programs. S:~Admins\City Council\action plan amendment 11-19-03.doc 11/6/2003 10:17 AM ADMINISTRATIVE REPORT Page 2 AMENDMENT NO. 1 FY 03/04 ACTION PLAN - B-03-MC-6-6510 Delete Project Title & Description Activity Code/ Amount of Citations Funds Budget Changes Revised Total Funding Bakersfield Rescue Community Food ;ervices Remodel and enlargement of existing kitchen/dining room for the Bakersfield Rescue Mission located at 830 Beare Avenue. (Ward 2) 03 C Homeless Facilities (not operating cost) 570.201 (c) $260,000 ($260,O0O) $0 Add $0 $260,000 $260,000 03 C Homeless Facilities (not operating cost) 570.201 (c) Bakersfield Rescue Mission Facility Acquisition/Rehabilitation Project Acquisition and rehabilitation of 18,750 square feet parcel zoned M-1 (light manufacture) development with a 9,400 square foot building located at 724 East 21s~ Street. (Ward 2) In compliance with HUD regulations, any significant change or addition to the approved CDBG program or project must undergo an amendment process which includes obtaining citizen views and comment on the proposed change. The amendments are needed to better reflect the program and budget needs for key department initiatives for the current year. The proposed amendment will reallocate CDBG budgeted in FY 03~04 to the following CDBG eligible project, S:\Admins\City Council\action plan amendment 11-19-03.doc 11/61200310:17 AM lMEETING DATE: ADMINISTRATIVE REPORT November 19, 2003 I AGENDA SECTION: Workshop ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 4, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY p,'/~' CITY MANAGER ~ Presentation regarding "Mill Creek", a conceptual 1.5 mile linear park along the Kern Island Canal. RECOMMENDATION: BACKGROUND: For the past several months, a number of City departments have been jointly working on plans to develop a linear park along the Kern Island Canal through downtown. The project, known as "Mill Creek", would encompass the portion of the canal between Golden State Avenue and California Avenue. This park would link residential, recreational, and commercial activities along the eastern edge of downtown. A potential funding source for these improvements is the Urban Park Act, a state bond measure approved in 2001. Two public workshops in September generated substantial public input and support for making improvements along the canal. At your December 10 meeting, you will be asked to take action on several items regarding Mill Creek, including approving the scope of this project, approving its environmental documents, and authorizing application to the State of California for these bond monies. Tonight's workshop will provide an overview of the project, the planning process, the public participation to date, plans for the future, and the items to be presented to Council on December 10, 2003. ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 I ITEM: q. ~. AGENDA SECTION: Closed Session TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney November 12, 2003 APPROVED DEPARTMENT HE~.,.~ CITY ATTO RN Ey,,~,/~-?z-~ CITY MANAGER Conference with Legal Counsel -- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 Two (2) potential cases. RECOMMENDATION: BACKGROUND: GG:dll November 12, 2003, 9:46AM MEETING DATE: ADMINISTRATIVE REPORT November 19,2003 AGENDA SECTION: Hearings ITEM: ~. 0.-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 16, 2003 /,//'~,~OVED DEPARTMENT I~.EAD ~ · CITY A'rrORN~· ~"t~-,,; c,TY MAN'GE. General Plan Amendment/Zone Chanqe 03-0747 (Ward 1) Dick Carr has proposed a General Plan Amendment and an ordinance amendment on 5 acres along the south side of Wilson Road, approximately 600 feet west of Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LI (Light Industrial) to LMR (Low Medium Density Residential) on 5 gross acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-07 M-1 (Light Manufacturing) to MH (Mobilehome) and approving three modifications to the zoning ordinance for building setbacks, landscaping locations and tandem parking on 5 gross acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, ordinance modifications and first reading of the ordinance. BACKGROUND: Applicant proposes to develop the 5 gross acre site into a 38 unit mobilehome park. The California Water Service Company is the water purveyor for this site. Sewer service will be provided by the City of Bakersfield. The Planning Commission was very supportive of this infill project which provides a Iow income housing product. Although potential land use conflicts exist, there is a strong desire to establish the first new mobilehome park in the city since the 1980's. The existing parcel's geometrics preclude the applicant's ability to meet city ordinance requirements. The long, narrow parcel is reduced in size by 25% just for the dedication of Wilson Road, a 90-foot wide, four lane collector street. It is required that this developer construct Wilson Road to full width and it is no doubt the reason this parcel has remained undeveloped. No member of the public spoke in opposition to the proposal. The vote of the Planning Commission was unanimous. RED\nov\l 1-5-0742 ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 IAGENDA SECTION: Hearings ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 12, 2003 General Plan Amendment/Zone Chanqe No. 03-0745 (Ward 4) Castle and Cooke California, Inc. is appealing the Planning Commission's denial of a proposal to designate and zone the southeast corner of Stockdale Highway and Buena Vista Road for office development and move the existing multi-family residential designation and zoning to the northwest corner of Stockdale Highway and Jewetta Avenue. Resolution approving the Negative Declaration and denying the General Plan Amendment to change land use designation from LR (Low Density Residential) to HR (High Density Residential) on 20.56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and HR (High Density Residential) to OC (Office Commercial) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road. An Ordinance adopting the Negative Declaration and denying the proposed amendment to Title 17 of the Municipal Code and Zoning Map Nos. 101-36, 122~01, and 123-06 to change the zoning from R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family Dwelling) on 20.56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road. RECOMMENDATION: Staff recommends adoption of the resolution and ordinance to deny the appeal and to uphold the Planning Commission. BACKGROUND: On September 18, 2003, the Planning Commission denied General Plan Amendment/Zone Change No. 03-0745, staff recommended approval. The Planning Commission found that the area where the applicant wants to move the HR/R-3 designation, i.e., at the northwest corner of Stockdale Highway and Jewetta Avenue, is not adequately design'ed or suitable for multi-family residential development. Just two years earlier, the Planning Commission approved a number of tentative tracts for the area. One map, Tentative Tract No. 6073, is located adjacent on the west side of the ADMINISTRATIVE REPORT Page 2 project site. The configuration proposed for the HR/R-3 designation conflicts with the design approved for Tentative Tract No. 6073. The Planning Commission also found that the existing HR/R-3 designation at the southeast corner of Stockdale Highway and Buena Vista Road is ideally suited to meet a number of community needs. First, the location provides the only multi-family residential designation for the entire Seven Oaks development area, and, therefore, would provide a mix of available housing. Second, the existing single family residences located south and west of the site are well buffered from future multi-family residential development by the Kern River Canal and pipeline easement to the east and Buena Vista Road to the west. Third, the location has excellent access to two arterials, i.e., Stockdale Highway and Buena Vista Road with ample capacity to serve multi-family and preclude its passage through single family areas. Fourth, the site is uniquely located in close proximity to future planned commercial services and existing recreational facilities. The area to the west contains a 13.65 acre parcel zoned for Planned Commercial Development. The area to the north contains 47 acres designated for General Commercial development (where office development is permitted), Rio Vista Park (30 acres), and the Kern River bike path. Finally, the proximity of the site to adjacent planned commercial services and existing recreational facilities would provide more people with greater opportunities for walking or biking to and from such uses. On September 26, 2003, the applicant submitted an appeal to the Planning Commission's denial of the project. Staff is recommending denial of the appeal. WC Adrnin\nov\l 1-19-0745 ADMINISTRATIVE REPORT MEETING DATE: INovember Iq,2003 AGENDA SECTION: Hearings ITEM: ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 16, 2003 General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Chanqe 03- 0774 (Ward 4) Gregory D. Bynum for Granite Falls, LLC has proposed a General Plan Amendment on 16.86 acres and an ordinance amendment for the same area, located at the northwest corner of Granite Falls Drive and Coffee Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from MC (Major Commercial) to GC (General Commercial) on 16.86 acres. Resolution approving the Negative Declaration and adopting the Rivedakes Ranch Specific Plan Amendment consisting of changes to the text and the Land Use Map from MC (Major Commercial) to GC (General Commercial) on 16.86 acres. An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-20 from PCD (Planned Commercial Development) to C-2 (Regional Commercial) zone on 16.86 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and the RiverLakes Specific Plan amendment and first reading of the ordinance. BACKGROUND: The Specific Plan required a public hearing prior to development of the site. This requirement was also attached to the development of the Northwest Promenade shopping area. Now that Granite Falls Drive separates this commercial area from that major shopping center, the property owner wants to remove the P.C.D. (public hearing) requirement. The site is 16.86 acres. The Planning Commission conducted public hearing(s) on this General Plan Amendment/RiverLakes Ranch Specific Plan Amendment/Zone Change and recommended City Council approval on October 2, 2003. No one was in opposition to the request and the applicant ADMINISTRATIVE REPORT Page2 agreed to all conditions and mitigation for the project. The Planning Commission vote was four for the project and two against the project, The two Commissioners that were against the project expressed their desire to provide a public hearing for the site prior to development of the site. The Planning Commission added a condition on the zone change to require a public notice be sent to property owners 300 feet to the west of the site and to both the restaurant and the credit union adjacent to the site, Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on August 15, 2003, in accordance with CEQA. MO Admin\nov\l 1-5-0774 ADMINISTRATIVE REPORT MEETING DATE: November 19,2003 AGENDA SECTION: Hearings ITEM: ~. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 14, 2003 General Plan Amendment 03-0836 /~M~VED DEPARTMENT HEAD~/ / , CITY ATTORNEY ~L~ CITYMANAGER (All Wards) The City of Bakersfield is proposing to amend the text of the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space-Slopes) land use designation to clarify that the land use and intensity permitted in the OS-S land use designation is consistent with the zone district for each individual parcel designated OS-S. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The existing OS-S (Open Space-Slopes) land use designation under Policy No. 1 (f) of the Land Use Element of the Metropolitan Bakersfield General Plan does not specify the type or intensity of development that is permitted under the land use designation. However, as indicated by the policy's reference to an overlay zone or hillside development ordinance, development has always been permitted under the OS-S land use designation. The City of Bakersfield adopted a Hillside Development Ordinance in 1999 and applied the HD (Hillside Development) combining zone to a number of existing zone districts that were designated OS-S throughout the northeast portion of the City. The purpose of the proposal is to clarify that the land use and intensity permitted in the OS-S designation is consistent with the zone district of each individual parcel designated OS-S. All of the existing OS-S land use designations are located exclusively in the northeast portion of the City of Bakersfield. The project is exempt from CEQA. The proposed text amendment is highlighted below in the underlined italicized bold type face: Policy 1 (f) Open Space: Slopes (OS-S): Areas with greater than equal to thirty percent slope. Slope areas are better defined by an overlay zone or hillside development standards. The exact land use and intensity permitted in the OS-S desiqnation shall be consistent with the base zone district for each individual parcel desiqnated OS-S. It is not the intent that the OS-S land use desiqnation preclude development but to hiqhliqht the siqnificant constraint to development caused by steep slope. wc Admin\nov\l 1-5-0774 ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 AGENDA SECTION: Hearings ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 31, 2003 /.~-~,PROVED DEPARTMENT HE~D crn, ^-r-rORNE/,, CITY MANAGER An ordinance approving the appeal and adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 102-20 from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional Commercial) zone located at the southwest corner of Coffee Road and Riverlakes Drive (ZC 03-0824). (Ward 4) RECOMMENDATION: Staff recommends approval of the appeal and first reading of the ordinance. BACKGROUND: The Planning Commission arrived at a split vote (3-3 tie) on this project at their October 2, 2003 meeting. The staff report had recommended approval. No one spoke in opposition to the proposed project. The applicant requested the C-2 zone to allow more flexibility in marketing the site. The property was previously changed from its original residential specific plan designation because it was felt the property was more suitable for commercial development. The current proposal seeks to change to a higher intensity of allowed commercial use on the property. The property is bordered by the Friant-Kern Canal on the south, a planned 28-acre regional park on the west, Riverlakes Drive on the north and Coffee Road on the east. The planned land use to the north of Riverlakes Drive is office commercial, and the zoning east of Coffee Road is M-3 (County jurisdiction). There are no sensitive uses adjacent to the site or in close proximity to the site that would prompt concerns regarding land use compatibility for the proposed zone change. The proposed zone change provides a greater range of choices of permitted uses consistent with the land use objectives and the RiverLakes Ranch Specific Plan. Staff testified that there is no difference in the traffic generation between C-1 and C-2 zoning. Commissioners voting against the project based their decision on an abundance of zoning in the area that already allows C-2 uses and can be developed as such. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on September 9, 2003 in accordance with CEQA. JM\admin\nov\l 1-19-0824 ADMINISTRATIVE REPORT MEETING DATE: November 19, 2003 IAGENDA SECTION: Hearings ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 10, 2003 .//.~A~V E D DEPARTMENT HEAD CITY A'I-DORNEY ~/'""-"'~/~/~'2 CITY MANAGER Continued public hearing to consider 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 (property owner Ralph W. Miller, Trustee- developer, Steve Blumer) located on the south side of Paladino Drive, west of Morning Drive. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution upholding the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract Map 6191 and denying the appeal. BACKGROUND: 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 Porter-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. During the August 21, 2003 public hearing before the Planning Commission, three speakers in opposition spoke expressing concerns related to air quality, biological resources in the area, ADMINISTRATIVE REPORT Page 2 lighting and traffic impacts. One person spoke in support of the project. During the public review period, nine letters which are also included in the materials labeled "Background Material 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 deter:mined that the environmental impacts of this subdivision are less than significant. In accordance with CEQA, the Negative 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 Admin\nov\l 1-5-6191 ADMINISTRATIVE REPORT J MEETING DATE: November 19, 2003 I AGENDA SECTION: New Business ITEM: I~,- 0~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 12, 2003 ~OVED MA. AGER Lease cancellation and closure of international Square. 0NARD 2) RECOMMENDATION: Community Services Committee recommends approval. BACKGROUND: Historically, International Square was developed by the Southern Pacific Transportation Company railroad as a place for their employees to socialize, play board games, and gather with their families. In 1970 the City of Bakersfield entered into a lease with the railroad to use the railroad property for beautification purposes. The lease states that the City agrees to keep the area free and clear of rubbish and to maintain the area in a neat and safe condition. The lease also states that the City is liable for injuries to persons in the park arising from the use of the park. Over the last 33 years, the lease has remained in existence and the City has continued to maintain the park. Unfortunately, over time, the park has become a magnet for an increasing transient population and a focal point for illegal activity, contributing to a negative image for the Baker Street area. In an attempt to address the negative situations at the park, a group of representatives from the City of Bakersfield, Association of Old Town Kern, Bakersfield Rescue Mission, and the Old Town Kern-Pioneer Redevelopment Project Area Committee began meeting in April 2001. The end result was the development of an action plan that aimed to address numerous issues associated with the deterioration of International Square. The focus of this group effort was to clean up International Square and Baker Street and encourage positive uses of the park. On September 5, 2001, the Community Service Committee presented to City Council an action plan containing the following short-term and long-term goals for International Square: 1) Short-term plan - Develop the Square into a safe, clean and secure urban green space, promoting economic growth in the area; and 2) Lonq~term plan - Redevelop the square area into some type of alternate use. All agreed at that time that International Park should remain because of its potential as a positive green asset and it being the only open space adjacent to Baker Street. S:~Admins\City Council\International square closure.doc 11/12/2003 9:52 AM ADMINISTRATIVE REPORT Page 2 In an effort to gain some control over the park, the City installed a wrought iron fence with locking gates around the perimeter. Initially, enclosing the park helped control the spread of trash and limited park hours. In addition, the Bakersfield Rescue Mission volunteered to lock and unlock the gates, respectively at 10 p.m. and at 5 a.m. The Mission also recommends to groups "feeding" at the park that they are wetcome to use of the Pavilion Park located at the Bakersfield Rescue Mission. Over the last 2½ years, conditions at the Square have not improved. Instead they continue to get worse. Illegal activities such as alcohol use, drug activity, prostitution, urination, and defecation have created a public nuisance in this area. The park is known as a hang-out for vagrants, and transients. Parks had to turn off the water spigot located under the shade awning because people were showering and washing clothes there. Park users have also been storing their personal belongings within the fenced area which sometimes looks like a campground. The slump stone wall is used for urination and defecation needs. The feedings continue but are more discreet, as food recipients refuse to tell officers who provided the food. Overall, health and safety conditions have worsened to the point that Park employees spend at least one hour per day cleaning the park to pick up trash, personal belongings, syringes, and human waste. According to the Recreation & Parks Department several maintenance problems exist at the site. The following situations make it expensive and potentially dangerous for City employees maintaining International Square: 1) Difficult to work around persons sleeping; 2) Concern for exposure to blood borne pathogens; 3) Concerns for issues of disease from udne and fecal matter; 4) Restrooms were previously provided but were destroyed; and 5) Estimated labor cost of to $11,850/yr to maintain International Square, ~ acre in size, is 31% higher than a seven (7) acre neighborhood park which costs $8,171 per year to maintain. For example, it costs the City $11,848.28/year to maintain International Square, ~ acre in size, with no amenities. It costs the City $8,171.23/year to maintain Beale Park, seven (7) acres in size, which hosts picnic areas, amphitheater, swimming pool, basketball, volleyball, and tennis courts, horseshoe pits, and restrooms. Staff has spoken to the Real Estate Director, Mr. Jim Larson for the Union Pacific Railroad (the current owner) and he believes it would be best if the City returned the parcel to them without any park type improvements (pavilion, water, fence, concrete pads, block wall, trees and grass) as required by the lease agreement. Public Works has a use for the fence in the next phase of landscaping around Baker Street. Mr. Larson indicates the railroad is open to selling the parcel to a developer and should the site be considered for development in the future, most likely, a vacant cleared parcel will be necessary in order to allow a developer to design a functional new use. Demolition costs to return the square to its original state will be jointly completed by in-house forces from the Recreation and Parks Department, Public Works Department and specialized outside contract services as required. Staff estimates the total cost to complete the demolition in this manner to not exceed $30,000. Staff has identified that funds for this purpose can be administratively transferred from the CDBG - Acquisition and Clearance account for economic development to the Clearance and Demolition account for economic development in an amount not to exceed 30% or $30,000. There is currently $210,000 available in the Acquisition and Clearance for economic development account. Alternative green space is now available for legitimate park users at the Pavilion Park developed approximately 1½ years ago by the Bakersfield Rescue Mission. It is located about one block east of International Square. Access to the Pavilion is somewhat controlled in that patrons must be drug and alcohol free to use it. The Rescue Mission also provides food and showers to patrons. Service groups can also use the Pavilion for "feedings" and worship services. Attached is a memo from the Police Department giving additional details concerning the unsafe and unhealthy conditions that plague the park. They are also in support of closing the park. S:~Admins\City Council\International square closure doc 11/12/20039:52 AM ADMINISTRATIVE REPORT Page 3 The Community Services Committee met on October 29, 2003 to discuss the closure of International Square and is recommending a 30 day notice be sent to the railroad canceling the City's lease at the end of December 2003 and that the park be dismantled and returned to the railroad for their private use, until at such time private development efforts can be attracted to purchase the property from the railroad and redevelop the area with a positive alternate use, S:~Admins\City Council~Jntemational square closure.doc 11112120039:52 AM