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HomeMy WebLinkAbout12/10/2003 AGENDA PACKETB A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: December 5, 2003 HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSO~, ~SISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - DECEMBER 10, 2003 COUNCIL MEETING REGULAR MEETING 5:15 p.m. PRESENTATIONS Mayor Hell will present retirement plaques to Gene Bogart, Fred Lara, Bobby O. Mahaffey and Estevan C. Silvas. There will also be presentation by Mayor Hall proclaiming January 7-14, 2004 as Architectural Awareness Week. APPOINTMENTS There will be one appointment each to the Fire Civil Service Board, Miscellaneous Civil Service Board, Police Civil Service Board, and Kern Mosquito & Vector Control District. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 5q. First Readinq of Ordinance Amendinq the Municipal Code Relatina to Appointments to Board of Zonina Adjustment CBZA). Currently, members of the BZA are appointed by the City Council and serve three-year terms, which are staggered. Because of this, every year, a member must be appointed or reappointed. This ordinance streamlines the process since the same positions are designated each time, and provides that the Pubic Works, Building, and Economic Development Directors are designated as the BZA members. Whoever holds those positions sits on the BZA until they no longer hold the position. Additionally, the ordinance sets forth that the alternate members of the BZA will be the Assistant Public Works and Assistant Building Directors, and the Principal Planner assigned to Economic Development. If more than one Principal Planner is assigned to Economic Development, the City Manager will designate the alternate. Resolutions: Item 5i. Resolution Adoptinq the Investment Policy of the City. This resolution places the City in conformance with the California Government Code that requires staff to annually provide a statement of investment policy for Council to consider. The only changes to the previously HONORABLE MAYOR AND CITY COUNCIL DECEMBER 10, 2003 PAGE 2 adopted policy are: 1) maximum maturity of bankers' acceptances is amended from 270 to 180 days; 2) maximum maturity of commercial paper is amended from 180 days to 270 days; and 3) maximum pementage of the portfolio that can be invested in commercial paper is changed from 15% to 25%. These changes are required due amendments to State law. Item 5i. Resolution Approvinq Development Plan Review for a Proposed Tentative Subdivision Located on the South Side of Zephyr, between South Oswell Street and Sterlinq Road. This subdivision contains 352 lots for purposes of single family development, one lot for a private park, one lot for a retention basin, and private gated streets. The development plan was submitted in conjunction with the approval of Vesting Tentative Tract Map No. 6232. On July 30, 2003, Council approved a concurrent GPNZC which consisted of changing the land use map designation from R- IA (Resource - Intensive Agriculture) to LR (Low Density Residential) and the zoning from an A (Agriculture) to an R-l/PUD (One Family Dwelling/Planned Unit Development) on 81.10 acres. Mitigation measures reducing impacts to less than significant levels have been included in the conditions of approval. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this development plan be approved. Item 5k. Resolution Releasinq Lien Recorded on Real Property Located at 630 Kentucky Street. The Bakersfield Redevelopment Agency has been acquiring properties in the Old Town Kern- Pioneer Project Area for a multi-use project. The property at 630 Kentucky Street had a dilapidated building on it that was ultimately torn down by the City. In 2001, a code enforcement lien of $93,464 was authorized. In 2003, the Redevelopment Agency approved purchase of the property for its appraised value of $36,000. Since the property is worth less than the liens against it, and to facilitate the redevelopment project, it is recommended that the lien be forgiven. Aqreements: Item 5s. Park Land Acquisition Aqreement at Akers and McKee Road. A 12-acre park site has been identified in the approximate vicinity located east of Akers Road and south of McKee Road. The City currently owns 6-acres of the proposed 12-acre park site. The developers of the affected tract are required, as a condition of approval, to dedicate 1.67 acres of park land and reserve 2.23 acres of park for acquisition by the City. The agreement specifies that San Joaquin Development II, CLLC, dedicate the required park land and be paid $78,050 from the Park Improvement Fund for the acquisition. Item 5u. Reimbursement Aqreement with Bakersfield Redevelopment Aqency for Services Relatina to International Sauare and the Termination of the Lease Aqreement with Union Pacific Railroad. The City Council voted on November 19, 2003, to terminate the lease and return the property to Union Pacific Railroad. Pursuant to the lease agreement, the City is responsible for returning the property to the condition it was in when the lease was executed. This work, conducted by City forces, will include the removal of the fencing, remove the cinder block wall on the north side of the property, and remove all structures, any concrete foundations and all landscaping. The Agency will be assisting the City by reimbursing for the costs of returning the property to its pre-lease condition up to $30,000 from available Old Town Kern tax increment funds. Item 5v. Aoreement with Community Action Partnership of Kern (CAP of Kern) for the Purchase, Rehabilitation and Sale of Affordable Housinq Units in the amount of $100,000. CAP of Kern is requesting financial assistance up to $100,000 of Community Housing Development Organization (CHDO) funds to pay for the acquisition of specific single-family affordable homes. They will rehabilitate the homes and sell them to Iow-income, first-time home buyers. CAP of Kern will also HONORABLE MAYOR AND CITY COUNCIL DECEMBER 10, 2003 PAGE 3 expand their city-wide housing programs to include the construction of new homes and to provide education and assistance to potential and actual home buyers. Of the $100,000, CAP of Kern will utilize $75,000 as a revolving loan fund, which will allow them to always have funds available to expand their program and be able to capitalize on opportunities to secure properties for the program. The remaining $25,000 will be used for operating expenses. Item 5x. Aqreement with Action Sports to Grant Sole and Exclusive Riaht to Ooerate Sportinq Good Retail Sale Operations at the Aquatic and Ice Centers. This agreement between the City, SMG and Action sports will provide hockey, swimming accessories and other retail items for the public's purchase at both locations. Item 5z. Amendment No. 2 to Aqreement No. CM03-014 for Animal Care Service with the County of Kern. For the past several months, City and County staff members have been meeting to come to agreement on a longer term mutually-beneficial contract relating to the combining of various aspects of City and County animal control and care services. In the interim, the City and County have entered in to two three-month short-term agreements for the provision of animal care services, the second of which expires December 31, 2003. This agreement is the third of those short-term agreements and would extend the agreement through Mamh 31, 2004. Meetings with County staff are continuing. Item 5cc. Amendment No. 1 to Aqreement No. 03-028 with Jim Alfter, Cement Contractor for Additional Carrier Canal Repairs in the amount of $200,000 (for a total contract amount of $266.000). As a result of the recent culvert pipe failure, an extensive review of the canal systems took place. While the overall conditions are satisfactory, the stretch of the Carrier Canal located between Oak Street and Golden State Highway is in need of repairs in the immediate future. It would be prudent to take advantage of the current dry conditions of the canal to make these repairs. The annual budget for this item is approximately $50,000 per year. This item adds $200,000 to the current annual contract amount. Kern Delta Water District has agreed to reimburse the City for its appropriate share of this maintenance and canal liner repair costs. Item 5dd. Contract Chanqe Order No. 4 to Aqreement No. 03-018 with S.C. Anderson, Inc. for th~ Bakersfield Ice Center in the amount of $85,970.46 (revised contract amount $5,545.569.63). During construction, several issues arose which necessitated additional work primarily involving HVAC modifications. These items are detailed in the administrative report. The contractor has agreed to do this work for the lump sum price of $85,970.46. Adequate contingency funds are available to cover these costs. Bids: Item 5ee. Award Contract to Central Valley Truck Center for 6 RePlacement and 3 Additional Side Loadin(3 Automated Refuse Trucks for the Solid Waste Division in the amount of $1,706,426.87, Reiect All Other Bids, and ADoroDriate $220,671 State Grant to the Equipment Manaqement Fund. Four vendors responded with bids, however, only one, Central Valley Truck Center, met the minimum requirements. A grant from the San Joaquin Valley Air Pollution Control District in the amount of $220,671 has been approved to offset the cost of purchasing these LNG vehicles. The balance is available in the Equipment Management Fund. HONORABLE MAYOR AND CITY COUNCIL DECEMBER 10, 2003 PAGE 4 Item 5hh. Award Contract tO Barnett Vandyne Construction, Inc. for Construction of the 2800 Acres Well Field Pipeline Extension for the Water Resources Department in the amount of $466,129.30. This project will connect existing water wells in the City's 2800 acre recharge facility via pipelines to the City's water main transmission for delivery of domestic water. Fourteen acceptable bids were received. Staff recommends award to Barnett Vandyne Construction, Inc. Item 5ii. Award Contract to California Commercial Pools, Inc. to Construct Martin Luther Kinq Jr. Park Pool Rehabilitation in the amount of $730,000. Construction is scheduled to begin January 2004, with completion by the end of May. The project will include a rehabilitated pool with underwater illumination, a shade structure and expanded restroom facilities. Two acceptable bids were received. Staff recommends award to California Commercial Pools, Inc. Funding for this project is provided by Community Block Grant Funds. Staff recommends transfer of $175,000 CDBG Business Loan Funds from the Operating Budget and Appropriate $100,000 Southeast Project Area Funds balance to the Capital Improvement Project Budget. Item 5ii. Reiect All Bids for Jefferson Park Pool Rehabilitation. Prior to advertising this project for construction bidding, staff conducted pre-qualifications of general contractors for this project with two contractors being approved to bid this project. This contract would have reconstructed Jefferson Pool into two separate pools that would meet all current code requirements. Funding for this project was to be provided by Park Improvement Funds and Community Block Grant Funds. The one bid received is significantly higher than the Engineer's estimate of $1,150,000. Staff recommends reevaluating this project and re-advertising it at a later date. Item 511. Award Contract to Performance Electric Company for the Fire Station #1 Electrical Renovation in the amount of $83,469. This project consists of removing and replacing old wiring and distribution panels, reorganizing lighting to be more energy efficient and enhance the operations of the fire station. This project will also supply the necessary 240 volt and 3 phase power for other new equipment. Three responsible bids were received. Staff recommends award to Performance Electric Company. Item 5mm. Award Annual Contract to Jim Alfter Cement Contractor for HUD-Funded Concrete, Construction in an amount not to exceed $359,000. This contract is used for construction of curbs, gutters and sidewalks in areas of the City receiving HUD funding. Two acceptable bids were received. Staff recommends award to Jim Alfter Cement Contractor. Item 5nn. Award Consultant Contracts for 3 Sewer Improvement Proiects. Based on a combination of Statements of Qualifications, fee proposals and oral presentations by five qualified engineering firms, staff recommends that three design consultants each be awarded a City sewer improvements project. These agreements are: 1) Meyer Civil Engineering, Inc. for Design Services for Allen Road Sewer Improvements Project ($123,325); 2) Quad Knopf, lnc. for Design Services for Stockdale Hwy Sewer Improvements Project ($106,000); and 3) Ruettgers & Schuler Civil Engineers for Design Services for Planz Road Sewer Improvements Project ($274,000). Miscellaneous: Item 8oo. Aoorooriate $80.000 Gas Tax Fund Balance to the Capital Improvement Budqet for Enaineerina Desian Services and Purchase of Sianal Eauioment for the Traffic Sianal and Liahtinq Installation Project at Brimhall Road and Windsonq Street. This project consists of installing a traffic signal lighting and interconnect system, pavement markings, signage, and sidewalk installation at the intersection of Brimhall Road and Windsong Street. This appropriation will fund the on-call consultant engineering design services for the design, bidding and construction engineering phases of the project, as well as appropriate funding to purchase the project traffic HONORABLE MAYOR AND CITY COUNCIL DECEMBER 10, 2003 PAGE 5 signal equipment. Funds for the installation of the signal and lighting system will be requested in the CIP budget for next fiscal year. Item 8aq. Community Development Block Grant (CDBG) Action Plan Amendment No. 8 (FY 02/03). The proposed amendment will reallocate $142,000 of CDBG funds from FY 02/03 to replace new playground equipment at Jefferson Park to the rehabilitation of the Jefferson Park pool. Item 8rr. Transfer the Issue of Park Fee Credit for Open Space in Multi-Family Projects with Fob~ or Less Units for Developer-Required Public Parkland from the Budqet and Finance Committee to the Plannina and Development Committee. During the Council meeting of December 11, 2002, Vice-Mayor David Couch referred the issue of park fee credit for open space in multi-family projects with four or less units for developer-required public parkland to the Budget and Finance Committee for review. Staff met with representatives from both the Building Industry Association (BIA) and North Bakersfield Recreation and Park D str ct (NBRPD) on the issue At the November 24 Budget and F nance Corem ttee meeting, ~t was conc uded that t would be more appropriate to transfer the issue to the Planning and Development Committee since that Committee is already reviewing similar issues involving park fee credits. Therefore, the majority of the Committee, with Councilmember Salvaggio absent, recommends transferring this issue to the Planning and Development Committee. WORKSHOP: There will be a brief budget update given by Alan Tandy, City Manager. CLOSED SESSION.' There will be one closed session item, which will be a conference with legal counsel regarding existing litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m HEARINGS Item 9a. Public Hearinq to Consider Public Testimony on the Proposed Annexation of Inhabited Territory called "Froelich Ranch". Located West of Allen Road, North of Palm Avenue. Property owners within the neighborhood requested annexation information from City staff several months ago. As a result of responses received from interest cards, a property owner contacted City staff about hosting a neighborhood meeting. After the initial neighborhood meeting, a noticed informational meeting was then held at a public facility, in accordance with the City's Annexation Policy. After the meeting, the property owners expressed overwhelming support to proceed with annexation of the neighborhood. The next step in the Policy is to hold this public hearing to take testimony from the neighborhood to determine their interest in annexation. Should support on the annexation continue from the property owners of the neighborhood, staff would recommend that a Resolution of Application be considered at the next regularly scheduled City Council meeting, in compliance with the City's Annexation Policy. HONORABLE MAYOR AND CITY COUNCIL DECEMBER 10, 2003 PAGE 6 Item 9b. Issuance of Multi-family Housinq Revenue Bonds (not to exceed $30,000,000) by California Statewide Communities Development Authority (TEFRA). This hearing was originally scheduled for the November 5th Council meeting at which time it was continued to December 10, 2003. Subsequently, staff has received correspondence requesting to withdraw the hearing. Item 9c. Resolution Approvina the Appeal and Adoptinq the Neaative Declaration and Approvinq Vestina Tentative Parcel Map No. 11001 Located on the Southeast comer of State Route 17~3 (24th Street) and Oak Street. This proposed tentative parcel map consists of 6 parcels on 4.5 acres for purposes of office development, zoned C-O (Professional and Administrative Office Zone). On October 16, 2003, the Planning Commission arrived at a split vote (3-3 tie) on this project based on differing views of transportation impacts. By act of Law, the project was therefore denied. The applicant has appealed the denial. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment and recommends approval. Item 9d. Resolution Upholdinq the Decision of the Planninq Commission Approvinq Vestinq Tentative Tract Map 6234 Located South of Reina Road, North of Norieqa Road and West of Old Farm Road and the Neqative Declaration, Denvina the AoDeal by the Sierra Club. On October 16, 2003, the Planning Commission adopted a Resolution conditionally approving the Vesting Tentative Tract. Gordon I. Nipp, of the Sierra Club filed an appeal on the grounds that cumulative impacts to air quality and traffic are significant and that the environmental analysis of the impacts of this project were inadequate. Tract 6234 is a proposed phased subdivision consisting of 326 lots for the purpose of single family residential development, a sump lot, and a 2.06 acre drill site on 100.02 acres. The City's Traffic Engineer determined that a traffic study was not necessary for the proposed subdivision. Cumulative impacts for buildout of the project were considered in the Metropolitan Bakersfield General Plan Update (2002). The proposed project is covered by an Incidental Take Permit issued as a result of the Metropolitan Bakersfield Habitat Conservation Plan approval. Compliance with this permit and associated implementation agreement constitutes full mitigation for Federally Protected Species, State Protected Species and Species of Concern. No separate biological assessments are necessary for this project. Staff recommends the Council uphold the Planning Commission's decision to approve the tract with conditions and mitigation measures, adopt the Negative Declaration, and deny the appeal by the Sierra Club. Item 9e. Continued Public Hearina reaardinq Vestinq Tentative Tract Map 6191, 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 December 10, 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. Item 9f. General Plan Amendment/Zone Chanqe for 5 Acres Located Alonq the Northwest Corner of Pro(]ress Road and Panama Lane. The City Council continued the public hearing for this matter from November 5, 2003 to December 10, 2003. Staff recommended denial to the Planning Commission because of concerns regarding potential incompatibility between future residential uses and the existing concrete and asphalt batch plants. These batch plants present potential HONORABLE MAYOR AND CITY COUNCIL DECEMBER 10, 2003 PAGE 7 aesthetic, light, noise, traffic, and vibration impacts. Staff recommends upholding the Planning Commission's decision to disapprove the project, and denying the appeal. Item 9a. Mill Creek Project. This item includes three parts: 1) A resolution that approves the project, its associated negative declaration, and a common use agreement with Kern Delta Water District; 2) A resolution authorizing staff to apply for state grant funds; and 3) An agreement for Common Use of Kern Island Canal with Kern Delta Water District. These items are independent of each other and may be acted on separately or together. The Mill Creek Project would transform the portion of the Kern Island Canal from Golden State Avenue to California Avenue into a "natural" creek, with a walking path, public art, construction of a replica mill, and creation of a pond in Central Park. The length of the Mill Creek project, from Golden State to California Avenues, makes it unlike most other park or recreation areas. Therefore, for description purposes, the project has been divided into five separate segments, which are detailed in the administrative report. Sections one through four are located within the Old Town Kern-Pioneer Redevelopment Area. Section five is located within the Southeast Bakersfield Redevelopment Project Area. Development of the Mill Creek Project would occur in phases over several years, based upon the operations of the Kern Delta Water District and the securing of funds. Staff estimates the cost of the Mill Creek Project to be approximately $10 million. No qeneral funds are anticipated for the development of Mill Creek. Major funding would be provided from a $3 million grant from the State of California Department of Parks and Recreation through the Urban Park Act of 2001. Additional funds would be a combination of redevelopment, tax increment, federal funds through a special Economic Development Initiative (EDI), transportation bike path funds, Community Development Block Grant funds, park development fees, California Department of Water Resources, the National Tree Trust, and other possible grant soumes. A maintenance district would be created to generate funds for the maintenance of the proposed improvements. While the City of Bakersfield would own the facilities constructed as part of the Mill Creek project, it will not own any interest in the canal. The agreement maintains Kern Delta's rights, title, and interest in and to the Kern Island Canal and its existing capability to transport water. AT:JWS:al cc: Department Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL AGENDA MEETING OF DECEMBER 10, 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 a. Presentation by Mayor Hall of retirement plaques and gift certificates to Gene W. Bogart, Fred Lara, Bobby O. Mahaffey, and Estevan C. Silvas. b. Presentation by Mayor Hall of Proclamation to Arin D. Resnicke, Program Chair, 2003 AIAGE Design Awards Program, proclaiming January 7-14, 2004, as Architectural Awareness Week. 3. PUBLIC STATEMENTS 4. APPOINTMENTS a. Appointment to Fire Civil Service Board, due to the expiration of term of Mike L. George, term expiring December 31, 2003. Staff recommends Council determination. b. Appointment to Miscellaneous Civil Service Board, due to the expiration of term of Daniel L. Williams, term expiring December 31, 2003. Staff recommends Council determination. c. Appointment to Police Civil Service Board, due to the expiration of term of Steven C. Anderson, term expiring December 31, 2003. Staff recommends Council determination. d. Appointment to Kern Mosquito & Vector Control District, due to the expiration of term of Morris C. Mahlmann, term expiring December 31, 2003. Staff recommends Council determination. 5. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the November 19, 2003. Payments: b. Approval of department payments from November 7, 2003 to November 21, 2003 in the amount of $6,919,089.97 and self insurance payments from November 7, 2003 to November 21, 2003 in the amount of $209,150.55. 5. CONSENT CALENDAR continued Ordinances: (Ward 1) Adoption 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) on five acres generally located along the south side of Wilson Road, approximately 600 feet west of Union Avenue (GPA/ZC 03-0742). (First Reading 11/19/03) (Ward4) Adoption 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 located at the northwest corner of Granite Falls Drive and Coffee Road (GPA/ZC 03-0774). (First Reading 11/19/03) (Ward 4) Adoption 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 Riverlakes Drive (ZC 03- 0824). (First Reading 11/19/03) (Wards 1,4) First Reading of Ordinance amending Municipal Code Sections 1.12.010 and 1.12.040 by adding Annexation No. 442 to Ward I and Annexation No. 439 to Ward 4. First Reading of Ordinance amending Section 2.28.090 of the Municipal Code relating to Appointments to Board of Zoning Adjustment. Resolutions: (Wards 4,5) Assessment District No. 03-3 (Seven Oaks West Ill/Brighton Place II/Fairways Oaks South): 1. Resolution approving Boundary Map. 2. Resolution of Intention No. 1320. Resolution accepting petition and determining to undertake special assessment proceedings. 4. Agreement with Wilson & Associates for assessment engineering services. 5. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel for legal services. Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel for legal services. 7. Agreement with Launer & Associates for appraisal services. i. Resolution adopting the Investment Policy of the City. (Ward 1) Resolution approving Development Plan Review for a proposed tentative subdivision containing 352 lots for purposes of single family development, one lot for a private park, a retention basin on 81.10 acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) located on the south side of Zephyr, between Oswell Street and Sterling Road. (Engineer - Mclntosh & Associates/Subdivider - ADH Corporation) 5. CONSENT CALENDAR continued (Ward 2) Resolution releasing lien recorded on real property located at 630 Kentucky Street (APN 014-270-07). Resolution determining that certain vehicles cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with formal bidding therefore, not to exceed $55,000.00 (two replacement vehicles for Police Department). (Wards 1,2) Resolution confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 4) Resolution adding territory, Area 1-25 (Stockdale Allen NE) 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 1) Resolution of Intention No. 1319 to add territory, Area 5-11 (Oswell, Zephyr NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: Agreement with Standard Middle School, a non-profit organization, to purchase fifty (50) surplus computers and six (6) surplus printers from the City for $1.00 each, for a total of $56.00. (Ward 1,2,4,6,7) q. Agreements to Indemnify LAFCO for the following uninhabited territories: City Annexation No. 443, Proceeding No. 1363 located west of Jewetta Avenue, approximately 3,000 feet north of Brimhall Road, and, at the southwest corner of Bernard and Beale Avenue; City Annexation No. 445, Proceeding No. 1364 located east of Gosford, north of McCutcheon Road; City Annexation No. 446, Proceeding No. 1365 located west of Oswell Street, south of State Route 58; City Annexation No. 448, Proceeding No. 1366 located at the southeast corner of Coffee Road and Downing; City Annexation No. 449, Proceeding No. 1369 generally located south of Panama Lane, east of South Union Avenue. (Wards 3,4,5,7) r. Tract Maps and Improvement Agreements: Improvement Agreement with Castle & Cooke Commercial-CA, Inc., for Parcel Map 10938 located west of Gosford Road and north of Harris Road. Final Map and Improvement Agreement with California Life Style Homes, Inc., for Tract 5989 located north of Chase Avenue and east of Mesa Marin Drive. Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract 5966 Unit 1 located west of Jewetta Avenue and north of Meacham Road. Final Map and Improvement Agreements with GMAC Model Homes Finance, Inc. and Lennar of Bakersfield, LLC, for Tract 6156 Units 1 and 2 located south of Pacheco Road and east of Buena Vista Road. (Ward 6) (Ward 1) (Ward 2) (All wards) (Ward 2) (Ward 2) (Ward 6) (Ward 2) CONSENT CALENDAR continued Z4 aa. bb. CC. Park Land Acquisition Agreement for property located generally east of Akers Road and south of McKee Road. Agreement with San Joaquin Development II, CLLC, ($78,050.00) for dedication of 1.67 acres of park land and acquisition of 2.23 acres of reserved park land. Appropriate $78,050.00 Park Improvement Fund Balance to acquire the reserved park land. Bakersfield Municipal Airport Ground Lease Agreement with George Sturges, Jr. for purposes of constructing an aircraft storage hangar. Reimbursement Agreement with Bakersfield Redevelopment Agency for services relating to International Square and the termination of the lease agreement with Union Pacific Railroad. Agreement with Community Action Partnership of Kern (CAP of Kern) for the purchase, rehabilitation and sale of affordable housing units in the amount of $100,000.00. Agreement with Jeff Ellis & Associates, Inc. for swim safety consulting, lifeguard and swim instructor certifications, and pool audits, not to exceed $31,500.00. Agreement with Action Sports to grant sole and exclusive right to operate sporting goods retail sale operations at the Aquatic Center and Ice Center. Amendment No. 3 to Agreement No. 00-174 ($50,000.00 for a revised total compensation of $175,000.00) with T. W. Collins Associates for on-call inspection services for various construction projects. Amendment No. 2 to Agreement No. CM03-014 for animal care service with the County of Kern. Amendment No. 2 to Agreement No. 99-157 with Burlington Northern and Santa Fe Railway Company (not to exceed $28,800.00) for the maintenance and operation of the Bakersfield Amtrak Station track. Amendment No. 1 to Consultant Agreement No. 02-019 with Carollo Engineers, $7,500.00 (for total compensation clause not to exceed $98,800.00) for construction support and special inspection services on the Wastewater Treatment Plant 3 - Headworks Upgrade Project. Canal Liner Repairs along Carrier Canal between Golden State Highway and Oak Street. Amendment No. I to Agreement No. 03-028 ($200,000.00, for a total amount of $266,000.00) with Jim AIfter, Cement Contractor for additional canal liner repairs. 4 (Ward 2) (Ward 4) (Ward 1) (Ward 2) (Ward 2) CONSENT CALENDAR continued dd. Contract Change Order No. 4 to Agreement No. 03-018 with S. C. Anderson, Inc. ($85,970.46, for a revised amount of $5,545,569.63) for the Bakersfield Ice Center Project. Bids ee. Accept bid from Central Valley Truck Center ($1,706,426.87) for six (6) replacement and three (3) additional side loading automated refuse trucks for Solid Waste Division of Public Works, reject all other bids, and appropriate $220,671.00 State Grant to the Equipment Management Fund. Accept bid from Gibbs International Truck Centers ($102,267.17) for one (1) additional knuckle boom trash loader truck with dump body for Solid Waste. gg. Accept bid from Applied Technology Group, Incorporated ($39,375.77) for Remote Station SCADA (Supervisory Control and Data Acquisition) Radios (additional) for use in the Street Maintenance Division of Public Works. hh. Accept bid from Barnett Vandyne Construction, Incorporated ($466,129.30) for construction of 2800 acres well field pipeline extension for the Water Resources Department. ii. Martin Luther King Jr. Park Pool Rehabilitation: 1. Accept bid to award contract to California Commemial Pools, Inc. ($730,000.00) for Martin Luther King Jr. Park Pool rehabilitation. Transfer $175,000.00 Community Development Block Grant (CDBG) Business Loan Funds from the Operating Budget and appropriate $100,000.00 Southeast Project Area Fund balance to the Capital Improvement Project Budget. jj. Reject bid for Jefferson Park Pool Rehabilitation Project. kk. Extend bid from Rehrig Pacific, Inc. to purchase 3,254 blue carts for $129,126.86 for the Solid Waste Division. I1. Accept bid to award contract to Pedormance Electric Company ($83,469.00) for Fire Station No. 1 electrical renovation. mm. Award annual contract to Jim Alfter Cement Contractor, not to exceed $359,000.00 for HUD funded concrete construction. (Ward 1,4) (Ward 4) (Ward 2) (15 min) CONSENT CALENDAR continued nn, Award consultant contracts for three (3) sewer improvement projects to the following firms: Consultant's Agreement ($123,325.00) with Meyer Civil Engineering, Inc. for design services for Allen Road Sewer Improvements Project. Consultant's Agreement ($106,000.00) with Quad Knopf, Inc. for design services for Stockdale Highway Sewer Improvements Project. Miscellaneous Consultant's Agreement ($274,000,00) with Ruettgers & Schuler Civil Engineers for design services for Planz Road Sewer Improvements Project. OO, PP. Appropriate $80,000.00 Gas Tax Fund Balance to the Capital Improvement Budget for engineering design services and purchase of signal equipment for the traffic signal and lighting installation project at Brimhall Road and Windsong Street. qq. Appropriate $261,096.00 monies COPS grant revenue to the Police Department Operating Budget in the General Fund for (8) eight additional police officers for the Community Oriented Policing Services (COPS) In Schools program. rr. Community Development Block Grant (CDBG) Action Plan Amendment No. 8 (FY 02/03) for Jefferson Park Improvements. Transfer the issue of park fee credit for open space in multi-family projects with four or less units for developer required public parkland from the Budget and Finance Committee to the Planning and Development Committee. Staff recommends adoption of Consent Calendar items a through rr. 6. WORKSHOP a. Budget Update (Staff presentation by City Manager Alan Tandy) 7. CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9, City v. SPCA, et al. REGULAR MEETING - 7:00 p.m. 2. 3. 4. INVOCATION by Reverend Johnny R. Johnson, Ail Saints Episcopal Church. PLEDGE OF ALLEGIANCE by Zoee Harber, Kindergarten Student, Country Christian School. ROLL CALL CLOSED SESSION ACTION 9. (Ward 4) (Ward 3) (Ward 2) (Ward 4) (Ward 3) PRESENTATIONS WORKSHOP - item was conducted at 5:15 pm portion of meeting, if time a/lowed. PUBLIC STATEMENTS CONSENT CALENDAR- see items at 5:15 pm portion of meeting. HEARINGS Public hearing to consider public testimony on the proposed annexation of inhabited territory to the City of Bakersfield called "Froelich Ranch", property identified as Annexation No. 455 located west of Allen Road, north of Palm Avenue. (Staff comments by Assistant City Manager Alan Christensen.) Staff recommends receipt of testimony and to bring back a Resolution of Application for adoption on January 14, 2004. Continued public hearing to consider issuance of Multi-family Housing Revenue Bonds (not to exceed $30,000,000.00) by the California Statewide Communities Development Authority (TEFRA). Staff recommends cancellation of the hearing. Resolution approving the appeal and adopting the Negative Declaration and approving Vesting Tentative Parcel Map No. 11001 located on the southeast corner of State Route 178 (24t~ Street) and Oak Street. (Engineer - Mclntosh & Associates/Subdivider - Berkshire Properties, Inc.) (Staff comments by Development Services Director Jeck Hardisty.) Staff recommends adoption of resolution approving the appeal, adopting the Negative Declaration and approving Vesting Tentative Parcel Map No. 11001. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract Map 6234 located south of Reina Road, north of Noriega Road and west of Old Farm Road and the Negative Declaration, denying the appeal by the Sierra Club (Engineer - SmithTech USA, Inc.;Property OwnedSubdivider - Jim Gardiner). (Staff comments by Development Services Director Jack Hardisty.) Staff recommends adoption of resolution upholding the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract Map 6234 and denying the appeal 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 comments by Development Services Director Jack Hardisty.) 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. (Ward 5) (Wards 1,2) HEARINGS continued Continued Public Hearing to consider a General Plan Amendment/Zone Change 03- 0764; McMillan Albany, LLC has proposed a General Plan Amendment on 5+ acres located along the northwest corner of Progress Road and Panama Lane. (Staff comments by Development Services Director Jack Hardisty.) Resolution approving the Mitigated Negative Declaration, upholding the Planning Commission's disapproval of the requested LR (Low Density Residential) and denying the appeal for a LR land use designation. Resolution adopting the Negative Declaration, upholding the Planning Commission's disapproval of the requested R-1 (One Family Dwelling) and denying the appeal for an R-1 zone. Staff recommends adoption of resolutions. Public Hearing to consider Mill Creek Project (Staff comments by Principal Planner David Lyman): 10. 11. 12. 13. 14. Resolution approving the Mill Creek Project, associated negative declaration, and a common use agreement with Kern Delta Water District. Resolution approving the Application for Grant Funds for the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 for the Mill Creek Project. Common Use Agreement with Kern Delta Water District for use of Kern Island Canal. Staff recommends conducting hearing and adopting resolutions and agreement. REPORTS DEFERRED BUSINESS NEW BUSINESS COUNCIL AND MAYOR STATEMENTS ADJOURNMENT pi 12/04/03 8:22 am Respectfully submitted, Alan Tandy City Manager DRAFT MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING NOVEMBER 19, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson Benham, Maggard, Hanson, Sullivan (seated at 5:25), Salvaggio Absent: Hanson 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. Recipients are Gena Brown, Fire Department; Ed Dorsey, Centennial Garden; Darlene Wisham, Finance; Jim Movius, Development Services; Jenny Estes, City Attorney; Rachel Meek, Police Department; David Paquette, Animal Control/Development Services (Extra Mile Award winner); Holly Larson, Recreation and Parks; Joe B. Gonzales, Recreation and Parks; Patricia Richter, EDCD; Pete Martin, Public Works; Donald Ray Whitmore, Sr., Water Resources; Mike Conner, PublicWorks; Martin Willey, Police Department; and Chris Bowles, Fire Department. 3. PUBLIC STATEMENTS None. 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. Motion by Vice-Mayor Couch to appoint theEconomic Development Director as a regular member and Principal Planner as the alternate to the Board of Zoning Adjustment. APPROVED AB HANSON, SULLIVAN Bakersfield, California November 19, 2003 - Page 2 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 incurrence of debt for the Downtown Redevelopment Project Area pursuant to Health and Safety Code Section 33333.6. 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 ). 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. ACTION TAKEN ORD 4157 ORD 4158 RES 202.03 ORD 4159 Bakersfield, California November 19, 2003 - Page 3 CONSENT CALENDAR continued 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 III - 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. i. 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. ACTION TAKEN RES O46-02(?) RES 203-03 RES 204-03 REMOVED FOR SEPARATE CONSIDERATION ROI 1253 Bakersfield, California November 19, 2003 - Page 4 CONSENT CALENDAR continued 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 Airport. 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. ACTION TAKEN AGR 03-320 AGR 03-321 AGR 03-322 AGR 03-323 AGR 03-324 AGR 03-325 AGR 03-326 Bakersfield, California November 19, 2003 - Page 5 CONSENT CALENDAR continued 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. 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 I located south of McKee Road and west of Wible Road. ACTION TAKEN AGR 03-327 AGR 03-328 DEED 5984 AGR 03-329 DEED 5985 AGR 03-330 AGR 03-33t AGR 03-332 AGR 03-333 AGR 03-334 AGR 03-335 AGR 03-336 AGR 03-337 AGR 03-338 Bakersfield, Califomia November 19, 2003 - Page 6 CONSENT CALENDAR continued Item 5.s. continued 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. I 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. ACTION TAKEN AGR 03-339 AGR 03-340 AGR 03-341 AGR 03-342 AGR 03-343 AGR 03-344 A GR 03-345 AGR 03-346 AGR 02-061(1) AGR 02-089(1) DEED 5986 AGR 03-044(2) AGR 03.154(1) Bakersfield, California November 19, 2003 - Page 7 CONSENT CALENDAR continued Bids: Construction of Parking Lot Expansion at P Street and 14~ Street: Accept bid to award contract to Griffith Company ($385,000.00) for the project. Appropriate $165,000.00 Offstreet Parking Lot Fund balance to the Capital Improvement Budget. 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 $99,160.00 to the Equipment Fund for vehicles. cc. Bakersfield Rescue Mission: Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 03/04). Motion by Vice-Mayor Couch to approve Consent Calendar items 5.a. through 5. cc. with the removal of item 5.i. for separate consideration. i. 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. ACTION TAKEN AGR 03-347 AGR 03-348 APPROVED AB HANSON RES 205-03 Bakersfield, Califomia November 19, 2003 - Page 8 CONSENT CALENDAR Motion by Councilmember Benham to approve the item. WORKSHOP a. Presentation regarding ~Mill Creek", a conceptual 1.5 mile linear park along the Kern Island Canal. David Lyman, Principal Planner, made staff presentation and provided handouts. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. Two (2) potential cases. ACTION TAKEN APPROVED AB HANSON Motion by Vice-Mayor Couch to recess to Closed Session at 5:55 p.m. Motion by Couch to recess from Closed Session at 6:34 p.m. APPROVED AB HANSON APPROVED AB HANSON REGULAR MEETING 1. INVOCATION by Reverend Ezra Turner, Pleasant View Baptist Church. 2. PLEDGE OF ALLEGIANCE by Austin Matson, 6th Grade Student at Stiern Middle School and Ryan Sanders, 4~ Grade Student at Berkshire Elementary School. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Sullivan, Salvaggio Absent: Hanson Motion by Councilmember Benham to Move New Business item 12.a. forward on the agenda, to be heard after Public Statements. APPROVED AB HANSON Bakersfield, California November 19, 2003 - Page 9 CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. Two (2) potential cases. WORKSHOP Item concluded at the 5:15 p.m. portion of the Council meeting. Special Recognition: Vice-Mayor David Couch presented a Council proclamation to Cou ncilmember Salvaggio commemorating his attainment of eighteen plus years on the Bakersfield City Council, making him the longest serving member of the Council in the City's history. Mayor Hall presented Counciimember Salvaggio with a Key to the City. PUBLIC STATEMENTS a. Audrey Chavez spoke regarding World Aids Day. Ben Stinson, Roy Malahowski, Frank Isaacs, Ramona Bonner (provided written material), David Wiley, Karl Lyon spoke regarding International Park. Councilmember Benham requested an extension to the fifteen minute per subject time limit in order to permit all persons wishing to speak regarding International Park an opportunity to be heard. Jackie Ruffin, Bill Underwood, Mary McCabe, Walter Williams (provided written material), Mona Twocats (provided written material), Marie Tapp, Louis Gill director of Bakersfield Homeless Center, and Daniel Gorman director of the Bakersfield Rescue Mission spoke regarding International Park. ACTION TAKEN DIREC~ON TO STAFF NO REPORTABLE AC~ON Lease cancellation and closure of International Square. Correspondence was received from Jerry Randall, CBIZ Accounting Tax & Advisory Services, in favor of closing of International Square. Councilmember Sullivan, chairperson of the Community Services Committee made comments. 12. Bakersfield, California November 19, 2003 - Page 10 NEW BUSINESS continued Motion by Councilmember Sullivan to cancel the lease and return the land to the railroad. Amended motion by Councilmember Sullivan to cancel the lease, return the land to the railroad using CDBG funds, to be repaid via tax increment, and fund removal of improvements from the property prior to return to the railroad. Recess from 9:20 p.m. to 9:30 p.m. CONSENT CALENDAR Item concluded at the 5:15 p.m. portion of the Council meeting. HEARINGS 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 comments by Development Services Director Hardisty. Hearing opened at 9:31 p.m. No one spoke. Hearing closed at 9:32 p.m. ACTION TAKEN NAT APPROVED NS SAL VAGGIO AB HANSON RES 206-03 FR Motion by Councilmember Carson to adopt the Resolution and APPROVED give First Reading to the Ordinance. AB HANSON Bakersfield, California November 19, 2003 - Page 11 HEARINGS continued General Plan AmendmentJZone 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 CC (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 comments by Development Services Director Hardisty. Hearing opened at 9:38 p.m. Bruce Freeman, Castle & Cooke California, Ernest Rice, Colliers Tingley International, Scott Zieman, Marian Scott, Bakersfield Christian High School, Joe Colombo and Chris Aldred spoke in opposition to the staff recommendation. Vice-Mayor Couch reviewed the conditions as outlined by correspondence received from Castle & Cooke. ACTION TAKEN RES 207-03 FR Hearing closed at 9:59 p.m. Bakersfield, California November 19, 2003 - Page 12 HEARINGS continued Item 8.b continued Motion by Vice-Mayor Couch to adopt the Resolution, give First Reading to the Ordinance, uphold the appeal and approve the General Plan Amendment/Zone Change, with conditions as referrenced General Plan AmendmentJRiverlakes Ranch Specific Plan AmendmentJZone 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 comments by Development Services Director Hardisty. Hearing opened at 10:06 p.m. Roger Mclntosh, representing Greg Bynum and Associates spoke in favor of the staff recommendation. Hearing closed at 10:06 p.m. ACTION TAKEN APPROVED AB HANSON RES 208-03 RES 209-03 FR APPROVED Motion by Vice-Mayor Couch to adopt the Resolution AB HANSON and give first reading to the Ordinance. Bakersfield, California November 19, 2003 - Page 13 HEARINGS continued 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 pamel 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 comments by Development Services Director Hardisty. Hearing opened at 10:09 p.m. No one spoke. Hearing closed at 10:09 p.m. Motion by Vice-Mayor Couch to adopt the 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 Riverlakes Drive (ZC 03-0824). Staff comments by Development Services Director Hardisty. Hearing opened at 10:13 p.m. Roger Mclntosh, Mclntosh & Associates spoke on behalf of Riverlakes Investments in favor of the staff recommendation. Hearing closed at 10:18 a.m. Motion by Vice-Mayor Couch to approve the staff recommendation. ACTION TAKEN RES 210-03 APPROVED AB HANSON FR APPROVED AB HANSON ABSMAGGARD o 10. 11. 12, Bakersfield, California November 19, 2003 - Page 14 HEARINGS continued f. 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. Correspondence was received from Darcy Larman on behalf of Porter Robinson requesting the hearing be continued to the December 10, 2003 Council Meeting. Staff comments by Development Services Director Hardisty. Hearing m-opened at 10:26 p.m. Motion by Councilmember Maggard to continue the hearing to the December 10, 2003 Council meeting. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff provide assistance to a citizen regarding a restraining order. Councilmember Carson made comments regarding the homeless. Councilmember Sullivan welcomed Ginny Gennaro as City Attorney. Councilmember Sullivan noted the 140~h anniversary of the Gettysburg Address. Councilmember Salvaggio thanked Darnell Haynes, the Police Department and Lt. Tim Taylor for continued law enforcement regarding off-mad vehicles in the Panama Lane, South H Street, Hosking Road, Berkshire Road area. ACTION TAKEN APPROVED AB HANSON 12. Bakersfield, California November 19, 2003 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Councilmember Salvaggio thanked Police for law enforcement efforts in the Loyalton/Castleford area and requested those efforts continue; additionally staff is to assist in establishing a Neighborhood Watch Program in the area. Councilmember Salvaggio requested Public Works provide Council with an update on the status of the projected completion of the project at White Lane and Highway 99. Councilmember Salvaggio reminded staff to perform the study regarding moving the stop light at Monitor and Panama to the intersection of Monitor and Berkshire. Councilmember Salvaggio requested staff assist a citizen regarding allegations of child abuse against her grandson. Councilmember Salvaggio thanked Council for the Proclamation honoring him for time served on the City Council; the Mayor for the Key to the City, and the congratulatory emails from City Manager Tandy, Public Works Director Rojas and Vice-Mayor Couch. Vice-Mayor Couch expressed than ks to Police for traffic enforcement in the Brimhall area. Vice-Mayor Couch requested Police provide increased enforcement of speed limits on interior streets near Mondavi and Harvest Creek, south of Brimhall near the school. Vice-Mayor Couch requested staff analyze the traffic situation at Coffee and Truxtun in order to reduce morning and evening traffic congestion. Vice-Mayor Couch staff investigate placing amber colored lights in crosswalks. Vice-Mayor Couch requested staff respond to an email request for a stop sign. Vice-Mayor Couch requested staff evaluate striping of the third lane of Hageman in the Centennial High School area. Vice-Mayor Couch requested staff address a letter from Rich O'Neil regarding renaming Rio Vista Park. Vice-Mayor Couch requested Council, with staff assistance, address the issue of air mitigation on a citywide basis. Vice-Mayor Couch complimented City administrators for being proactive regarding budgetary cuts. ACTION TAKEN 14. Bakersfield, California November 19, 2003 - Page 16 ADJOURNMENT Mayor Hall adjourned the meeting at 10:45 p.m. ACTION TAKEN VICE-MAYOR ofthe CityofBakemfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Presentations ITEM: o~, 0-, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Carroll Hayden, Human Resources Managerk~)'DEPARTMENT HEAD November 20, 2003 CITY A'rFORNEY .¢ CITY MANAGER Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Gene W. Bogart, Fred Lara, Bobby O. Mahaffey, and, Estevan C. Silvas. RECOMMENDATION: BACKGROUND: Mayor Hall will make presentations to: Gene W. Bogart, Water Resources Manager, Water Resources Department, for 34.5 years of service to the City of Bakersfield. Fred Lara, Facility Worker, Public Works Department, for 26.25 years of service to the City of Bakersfield. Bobby O. Mahaffey, Construction inspector II, Public Works Department, for 36 years of service to the City of Bakersfield. Estevan C. Silvas, Senior Property Technician, Police Department, for 31.50 years of service to the City of Bakersfield. November 20, 2003 S:~AOMINRP~Retiree Presentations.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Presentations ITEM: ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall November 25, 2003 APPROVED DEPARTMENT H EAD~~.~ CITY ATTORNEY CITY MANAGER _d~. 1'~ Presentation by Mayor Hall of Proclamation to Arin D. Resn[cke, Program Chair of the 2003 AIAGE Design Awards Program, proclaiming January 7-14, 2004, as Architectural Awareness Week. RECOMMENDATION: BACKGROUND: ndw November 25, 2003, 11:10AM S:\MAYOR~ADMIN~ARCHfTECTURAL AWARENESS WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Appointments TEM: ~, 0~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City CI ke.~..~ November 25, 2003 APPROVED DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER One appointment to the Fire Civil Service Board, due to the expiration of term of Mike L. George, term expiring December 31, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Fire Civil Service Board due to the expiration of term of Mike George, whose term expires December 31, 2003. The news release for this recruitment was posted on November 7, 2003. An application for appointment has been received from the following: · Mike L. George The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Human Resources Testing Room, 1501 Truxtun Avenue, Bakersfield. November 25, 2003, 9:31AM S:\Bds&Comm\FIRE\admin george 2003.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Appointments ITEM: c~ .*b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council McCarthy, City Cle~,..,_) Pamela A. November 25, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Daniel L. Williams, term expiring December 31, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Miscellaneous Civil Service Board due to the expiration of term of Daniel L. Williams, whose term expires December 31, 2003. The news release for this recruitment was posted on November 7, 2003. An application for appointment has been received from the following: · Daniel L. Williams The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue, Bakersfield. rg S:\Bds&Comm~MISCCS\admin 2003.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Appointments ITEM: H, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk~_.~ November 25, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~/('~)~'~ One appointment to the Police Civil Service Board, due to the expiration of term of Steven C. Anderson, term expiring December 31, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Police Civil Service Board due to the expiration of term of Steven C. Anderson, whose term expires December 31, 2003. The news release for this recruitment was posted on November 7, 2003. Applications have been received from the following individuals: · Steven C. Anderson · Tom Teagarden The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601 Truxtun Avenue, Bakersfield. rg November 24, 2003, 4:35PM S:\Bds&Comrn~POLICE~admin 2003.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Cler~=.~ November 25, 2003 APPROVED DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER One appointment to the Kern Mosquito and Vector Control District, due to the expiration of term of Morris C. Mahlmann, term expiring December 31, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Morris C. Mahlmann, whose term expires December 31, 2003. The news release was posted November 7, 2003. An application for appointment has been received from the following: · Morris C. Mahlmann A copy of Mr. Mahlmann's application and letter of recommendation from the Kern Mosquito and Vector Control District are provided for your information. The primary objective of the Kern Mosquito and Vector Control District is the elimination of mosquito-breeding areas by way of educational services, various control measures and abatement procedure methods when necessary. Members are nominated and appointed by the Council of each respective participating City. Members shall be an elector of the City and a resident of that portion of the City which is within the Kern Mosquito and Vector Control District throughout their 2-year term. All applicants have been encouraged to contact each City Councilmember regarding their interest and qualifications. Meetings are held the second Wednesday of each month at 11:30 a.m. at the District Office, 4705 Allen Road, Bakersfield. S:\Bds&Comm\KMVC\admin 2003,dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ,~. CL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk ~'~ AP/PROVED DEPARTMENT HEAD November 6, 2003 CITY ATTORNEY CITY MANAGER Approval of minutes of the November 19, 2003 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: S:/Council~admins~2003\DEC 10 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ,~, b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD ..~.//~. ~---- November 21, 2003 CITY ATTORNEY ~' ~p~'~' CITY MANAGE~/_~ Approval of department payments from November 7, 2003 to November 21, 2003 in the amount of $6,919,089.97 and self insurance payments from November 7, 2003 to November 21, 2003 in the amount of $209,150.55. RECOMMENDATION: Staff recommends approval of payments totaling $7,126,240.52. BACKGROUND: klg November 21, 2003, 2:57PM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent ITEM: 0. C, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 19, 2003 ~'~q,v E D DEPARTMENT HE~___~.~ ~' 7, ClTYATI'ORNEY / ~ CITY MANAGER Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and Zoning Map No. 124-07 changing the zoning from M-1 (Light Manufacturing) to M-H (Mobile Home) on five acres generally located along the south side of Wilson Road, approximately 600 feet west of Union Avenue (GPNZC 03-0742). (Ward 1) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council approved the Negative Declaration and made first reading of the ordinance on November 19, 2003. The applicant's proposed amendment would allow 38 mobile homes on five acres. Applicant has agreed to all conditions and mitigation for the project. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change and recommended City Council approval on September 18, 2003. The Planning Commission was very supportive of this infill project which provides a Iow income housing project. 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. 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 11,2003. RED Admin\12-10-0742 ADMINISTRATIVE REPORT IMEETING DATE: December 10, 2003 AGENDA SECTION: Consent ITEM: ,.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 19, 2003 APPI~OVED DEPARTMENT HEAD ~ CITY ATFORNEY,// CITY MANAGER An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-20 from P.C.D. (Planned Commercial Development) to C-2 (Regional Commercial) zone on 16.86 acres located at the northwest corner of Granite Fails Drive and Coffee Road (GPA/ZC 03-0774). (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on November 19, 2003. The property has had a requirement for a P.C.D. (public hearing). This P.C.D. requirement was also attached to the development of the Northwest Promenade shopping area. Now that Granite Fails Drive separates this commercial area from that major shopping center, the property owner wants to remove the P.C.D. (public hearing) requirement. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on October 2, 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 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\dec\12-10-0774 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 20, 2003 DEPARTMENT HEAD'~.A~ROVED 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 Commemial) zone located at the southwest corner of Coffee Road and RiverLakes Drive (ZC 03-0824). (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On November 19, 2003, the City Council held a hearing and approved the appeal and held first reading of the zone change. 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 commemial 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 0-2 uses and can be developed as such. Staff conducted an initial study and determined that the project would not have a significant effect on the environment. A Negative Declaration was posted on September 9, 2003 in accordance with CEQA. JEadmin~nov\l 1-19-0824 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent ITEM: ~.-~'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 14, 2003 OVED DEPARTMENT HEAp..~/,. CITY A'I-I'ORNEY--/ ~'/'~ An ordinance amending the Bakersfield Municipal Code Sections § 1.12.010 and 1.12.040 by adding Annexation No. 442 to Ward 1 and Annexation No. 439 to Ward 4. (Wards 1 and 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexation Nos. 439 and 442 areas into the corresponding Council Ward. The annexations were approved by LAFCO and completed recently. Annexation No. 439 is located west of Allen Road and south of Kratzmeyer Road. The area consists of 80 acres. Annexation No. 442 is located east of Oswell Street, south of Zephyr Lane and south of State Highway 58. The site consists of 80 acres. MO:pjt Admin\dec\12-10-442&439 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 21,2003 SUBJECT: AGENDA SECTION:ConsentCalendar TEM: 5.9. APPROVED DEPARTMENT HEAD CITY A'FrORNEY /../' ._~ CITY MANAGER An ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to Board of Zoning Adjustment. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Currently, the members of the Board of Zoning Adjustment (BZA) are appointed by the City Council and serve three-year terms which are staggered. The members are designated positions from the Public Works, Building and Economic and Community Development departments. Because of the three-year terms, every year, a member must be appointed or reappointed. This ordinance streamlines the process since the same positions are designated each time and provides that the Public Works Director, the Building Director and the Economic Development Director are designated as the BZA members. Whoever holds those positions sits on the BZA until they no longer hold the position. Therefore, the City Council need never appoint or reappoint members. In the event that the City Council desires to change the membership of the BZA, the ordinance can be amended to do so. Additionally, the ordinance sets forth that the alternate members of the BZA will be the Assistant Public Works Director, the Assistant Building Director and the Principal Planner assigned to Economic Development. If more than one Principal Planner is assigned to Economic Development, the City Manager will designate the alternate. November 25, 2003, 4:35PM S:\COU NClL'~Admins~.28.090bzamembershipamd.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: 5' h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 19, 2003 DEPARTMENT HEAD CITY~TTORNEY CITY MANAGER APPROVED Assessment District No. 03-3, (Seven Oaks West III/Brighton Place II/Fairways Oaks South). 1. Resolution Approving Boundary Map Resolution of Intention 1320 3. Resolution Accepting Petition and Determing to Undertake Special Assessment Proceedings. 4. Agreement with Wilson & Associates for Assessment Engineering. 5. Agreement with Orrick, Herrington & Sucliffe, Bond Counsel, for legal services. 6. Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services. 7. Agreement with Launer & Associates for Appraisal Services. (Ward 4 and 5) RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed district has three distinct subareas as follows: Seven Oaks West II1: This subarea is located south of Ming Avenue, west of Buena Vista Road, east of Allen Road, north of White Lane and is planned for new residential and commercial development. It is proposed that the improvements for this subarea will be constructed by the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon completion. The improvements include construction of curb, gutter, sidewalk, median deposit, street lights, storm drains, traffic signal, water lines, monuments and block wall improvements for Tracts 6086, 6087, 6130, 6131, 6150 and 6151. Brighton Place Il: This subarea is located south of the Kern River Freeway, northwest of Jewetta Avenue, northeast of the Rio Bravo Canal and is planned for Residential development. It is proposed that the improvements for this subarea will be completed by the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon November 19, 2003, 10:43AM G:\GROUPDAT~ADMINRPT~2003\12-10~AD03-3Broi.dot ADMINISTRATIVE REPORT completion. The improvements include construction of off-site public improvements for Tract 6185. Fairways Oaks South: This subarea is located south of Pacheco Road, west of Old River Road, east of Mountain Vista Drive, north of Panama Lane and is proposed for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Fairway Oaks South, LP), with acquisition of the improvements upon completion. The improvements include construction of on-site and off- site improvements for Tract 6079 Unit One and including curbs, gutters, sidewalk, grading, paving, street lights, water and block walls. The primary motive for combining three subareas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the property owners. It is intended to provide financing for all improvements in a single bond issue. Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the Preliminary Engineer's Report and a formal Boundary Map. November 19, 2003, 10:43AM G:\GROUPDAT~ADMINRPT~2003\12-10~AD03-3Broi.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: 5' (~' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 12, 2003 Resolution Adopting the Investment Policy of the City. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution places the City in conformance with the California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. The policy has been changed to reflect California Government Code amendments: maximum maturity of bankers acceptances is amended from 270 days to 180 days, maximum maturity of commercial paper is amended from 180 days to 270 days and maximum percentage of the portfolio that can be invested in commercial paper is changed from 15% to 25%. These are the only changes to the previously adopted policy. The City has used bankers acceptances and commercial paper in its investment program in the past. Currently there are no investments in these instruments. These changes will not impede their use in the future. The current policy received certification through the Investment Policy Certification Program of the Association of Public Treasurers of the United States and Canada (PTA US&C). According to the PTA US&C these minor changes to comply with State statute, will not require re-certification of the City's Investment Policy. November 19, 2003, 4:18PM P:\MISC~Admin report invest policy.doc ADMINISTRATIVE REPORT IMEETING DATE: December 10, 2003 IAGENDA SECTION: CONSENT ITEM: "~ 'L~ ' TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 25, 2003 SUBJECT: DEVELOPMENT PLAN REVIEW- PLANNED UNIT DEVELOPMENT FOR ZONE CHANGE 03-0343 (PROJECT NO. 03-0947) Resolution approving Development Plan Review for a proposed tentative subdivision containing 352 lots for purposes of single family development, one lot for a private park, a retention basin on 81.10 acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) located on the south side of Zephyr, between South Oswell Street and Sterling Road. (Engineer- Mclntosh & Associates/Subdivider-ADH Corporation) (Ward 1 ) RECOMMENDATION: Adopt the resolution approving the P.U.D. Development Plan for Zone Change 03-0343. BACKGROUND: This proposed residential subdivision is generally located on the south side of Zephyr, between South Oswell Street and Sterling Road, The development plan was submitted in conjunction with the approval of Vesting Tentative Tract Map No. 6232. On July 30, 2003, the City Council approved concurrent General Plan Amendment and Zone Change No. 03-0343 which consisted of changing the General Plan land use map designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) and the zoning from an A (Agriculture) to an R-l/PUD (One Family Dwelling/Planned Unit Development) on this 81.10 acres. Mitigation measures adopted reducing impacts to less than significant levels have been included in the conditions of approvat for Vesting Tract Map 6232. The development plan (Exhibit "3") depicts the following: A. 352 lots for single family homes: 1. Average lot size is 62.5 feet wide by t 01 feet deep (6,312 square feet). 2. Floor plans depict square footage of homes ranging from 1,317 to 1,725 square feet. 3. Five one-stow models and one, two-stow model. 4. Reduced lot depth and reduced 50-foot dwelling unit setback for lots adjacent property zoned A (Agriculture). (Affects lots located along south boundary. The Planning Commission conditionally approved these requests.) ADMINISTRATIVE REPORT Page2 1 lot for a 0.90 acre family park located in Phase 4 of the tentative tract, which is generally located in the center of the subdivision includes the following. 1. 6 picnictables/benches. 2. A trellis area with 4 barbecues and picnic table/benches. 3. Open play field. 4. Landscaping with turf, shrubs and trees. 1 lot for retention basin. Private gated streets with alternate design. A Homeowner's association will be created to maintain common areas. Perimeter subdivision walls along South Oswell Street, Zephyr Lane and South Sterling Road proposed as smooth-faced wall, split-face pilaster typically every 75-feet, one course of split face block near top of wall, and split-face cap. This is the same design as the wall for Tract 6140 on the north side of Zephyr Lane. Staff recommends the perimeter walls for Tract 6232 match the design and grey color of walls for nearby Tract 6140. The Planning Commission unanimously approved this development plan on October 16, 2003 as they found the proposal met all minimum development standards and appropriate mitigation measures imposed by GPA/ZC 03-0343 as approved by the City Council. No comments either in support or opposition were presented as part of the record. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this development plan be approved. LP S: Tracts\6232ADH\PUD\CC~admin.doc November 18, 2003 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. J(, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director December 3, 2003 DEPARTMENT HEAD CITY ATTORNEY ~.._~O~ CITY MANAGER Resolution of the City of Bakersfield releasing lien recorded on real property located at 630 Kentucky Street (APN 014-270-07) 0Nard 2) RECOMMENDATION: Staff recommends adoption. BACKGROUND: The Bakersfield Redevelopment Agency has been acquinng properties in the Old Town Kern-Pioneer Project Area for a multi-use project. One such property located at 630 Kentucky Street had a dilapidated building on it that was ultimately torn down by the City. On August 8, 2001, pursuant to Resolution No. 115-01, City authorized the creation of a code enforcement lien for $93,464.00 which was recorded in the Kern County Recorder's Office and placed on the Kern County Tax Rolls. The Code enforcement demolition action was funded from CDBG funds under the slum and blight removal category. The Baker Street redevelopment project is an eligible CDBG economic development project and is being primarily funded from a HUD Brownfield Economic Development Initiative Grant and a Section 108 Loan. Forgiveness of this lien will not impact the City's General Fund. On October 23, 2003, the Bakersfield Redevelopment Agency approved the Agreement No. RA03-018 for the purchase of 630 Kentucky Street for its appraised value of $36,000. This resulted in the property being worth less than the liens against it. To facilitate the redevelopment project and to avoid protracted eminent domain proceedings it was determined to forgive the demolition lien. In order to do that the City must adopt the attached resolution and forward a certified copy to the Kern County Tax Collector, who will then remove it from the tax rolls. S:~Admins\City Councit~630 Kentucky tax lien forgive.doc 12/3/2003 9:33 AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Consent Calendar ITEM: 5. [, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 20, 2003 APPROVED DEPARTMENT HEAD ~X :' MA. AaER SUBJECT: Resolution determining that certain used vehicles cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with formal bidding therefore, not to exceed $55,000.00 (two replacement vehicles for Police Department). RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: At the Council meeting of October 22, 2003, funds were appropriated to the Supplemental Law Enforcement Services Funding Police Department Operating Budget for the purchase of two (2) vehicles for the Bomb Unit. Buying used vehicles will save the City approximately $10,000.00 over the purchase of new vehicles and will meet the Police Department's needs. Staff recommends that Council dispense with bidding requirements, [M.C. 3.20.060 (D)(2) and Charter 136] and authorize the Finance Director to negotiate a price not to exceed $55,000.00 for two (2) used vehicles. Purchasing Division DW:ljm P:~,DMIN~003 ADMIN\CO3_1210_D_RESOLUTION Vehicles.doc November 20, 2003, 4:20PM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Consent ITEM ,~, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building November 19, 2003 APPR~ED MANAO SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1 & 2) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on November 17, 2003, by the Assistant to City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 1510 S. Chester Avenue 011-391-18 $ 439.00 2. 5221 Gaylene Avenue 412-202-24 $ 265.00 3. 3502 Hale Street 172-052-01 $ 2,545.00 4. 423 S. Haley Street 019-072-13 $ 289.00 5. 800 S. Hatey Street 019-141-06 $ 1,069.00 6. 2005 Madison Avenue 170-111-03 $ 2,895.00 7. 517 Martin Luther King Blvd. 019-101-13 $ 244.00 8. 519 Martin Luther King Blvd. 019-101-14 $ 244.00 9. 521 Martin Luther King Blvd. 019-101-21 $ 244.00 10. 1425 Wilkins Street 018-432-05 $ 244.00 November 20, 2003, 8:49AM P:\declObll doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 11. 552 Beale Avenue 017-280-17 $ 1,069.00 12. 507 Butte Street 016-430-04 $ 244.00 13. 220 Jefferson Street 012-310-15 $ 244.00 14. 2127 Park Way 007-072-02 $ 820.00 15. 2003 2nd Street 008-334-03 $ 793.00 16. 1326 E. 19th Street 017-090-07 $ 1,444.00 17. 1332 E. 19th Street 017-090-06 $ 1,344.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. November 20, 2003, 8:49AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ,~, I"l, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 20, 2003 Resolution adding territory, Area 1-25 APPROVED DEPARTMENTHEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ (Stockdale, Alien NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On November 19, 2003 the Council adopted Resolution of Intention No. 1253 to add territory, Area 1-25 (Stockdale, Allen NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tentative Tracts Nos. 6069, 6070, 6071,6072, 6073, 6074, 6075 and 6185. 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 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 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 subdivideddeveloper to be recorded with the subdivision maps. Lvd November 7, 2003, 11:57AM G:\GROUPDA"F~ADMINRPT~003\12-10\MD1-25Est03.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, O, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 20, 2003 AP, PI~OVED DEPARTMENT HEAD //~-~-J CITY ATTORNEY ~ CITY MANAGE~'~ Resolution of Intention No. 1319 to add territory, Area 5-11 (Oswell, Zephyr NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6132 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 a public park and street landscaping. Area 5-tl is generally bounded by a line 1000 feet north of Zephyr Lane on the north, Oswell Street on the east, Zephyr Lane on the south and a line 330 feet west of Workman Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. Lvd November 7, 2003, 3:50PM G:~GROUPDAT~ADMINRPT~2003\12-10\MD5~11Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Consent Calendar TEM: 2. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 19, 2003 SUBJECT: Agreement with Standard Middle School, a non-profit organization, to purchase fifty (50) surplus computers and six (6) surplus printers from the City for $1.00 each, for a total of $56.00. RECOMMENDATION: Staff recommends sale. BACKGROUND: The Finance Director has received a request from Standard Middle School to buy fifty (50) surplus, used computers and six (6) surplus, used printers. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The items are being sold "as is and with all faults" to remove the City from any potential liability claims. Purchasing Division DW:Ijm P:'~ADMIN~003 ADMIN\C03_1210_C_Sale of Surplus Computers.doc November 19, 2003, 8:42AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 19, 2003 AGENDA SECTION: Consent ITEM: ,.~. O~ DEPARTMENT MA.AGER SUBJECT: Agreements to Indemnify LAFCO for City Annexation No. 443, Proceeding No. 1363; City Annexation No. 445, Proceeding No. 1364; City Annexation No. 446, Proceeding No. 1365; City Annexation No. 448, Proceeding No. 1366; and City Annexation No. 449, Proceeding No. 1369. The annexation territories are all uninhabited and located as follows: Annexation 443 west of Jewetta Avenue, approximately 3,000 feet north of Brimhall Road and at the southwest corner of Bernard and Beale Avenue; Annexation 445 east of Gosford, north of McCutchen Road; Annexation 446 west of Oswell Street, south of State Route 58; Annexation 448 at the southeast corner of Coffee Road and Downing; and Annexation 449 generally south of Panama Lane, east of South Union Avenue. (Wards 1, 2,4,6,7) RECOMMENDATION: Staff recommends adoption of agreements. BACKGROUND: The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation areas. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owners of the annexation areas have all consented to annex their properties to the city. The annexation areas total approximately 462 acres. All the annexation areas are uninhabited. MO Admin\12-10-443 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar TEM: ~. r'. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 25, 2003 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED Tract Maps and Improvement Agreements Improvement Agreement with Castle & Cooke Commercial-Ca., Inc., for Parcel Map 10938 located west Gosford Road and north of Harris Road. (Ward 5) Final Map and Improvement Agreement with California Life Style Homes, Inc. for Tract 5989 located north of Chase Avenue and east of Mesa Marin Drive. (Ward 3) Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract 5966 Unit 1 located west of Jewetta Avenue and north of Meacham Road. (Ward 4) Final Map and Improvement Agreements with GMAC Model Homes Finance, Inc. and Lennar of Bakersfield, LLC, for Tract 6156 Units 1 and 2 located south of Pacheco Road and east of Buena Vista Road. (Ward 5) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. td December 2, 2003, 2:11PM G:\GROUPDAT~ADMINRPT~2003\12-10tMAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar TEM: c..~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen Interim Director of Recreation and Parks December 3, 2003 APPROVED DEPARTMENT HEAD CITY ATDORNEY CITY MANAGER Park Land Acquisition Agreement at Akers and McKee Road 1) Agreement with San Joaquin Development II, CLLC, for $78,050, for Dedication of 1.67 Acres of Park Land and Acquisition of 2.23 Acres of Reserved Park Land. 2) Appropriate $78,050 Park Improvement Fund Balance to Acquire the Reserved Park Land. Ward 6. RECOMMENDATION: Staff recommends approval of the agreement and appropriation. BACKGROUND: A 12-acre park site has been identified in the approximate vicinity located east of Akers Road and south of McKee Road, which would serve the residents of Vesting Tentative Tract 6152. The City currently owns 6-acres of the proposed 12-acre park site. The developers of Vesting Tentative Tract 6152 are required, as a condition of approval, to dedicate 1.67 acres of park land and reserve 2.23 acres of park for acquisition by the city. The land to be dedicated and reserved is adjacent to the 6-acres currently owned by the city. The agreement specifies that San Joaquin Development II, CLLC, dedicate the required park land and be paid $78,050 from the park improvement fund for the acquisition of 2.23 acres of reserved park land to fulfill the requirement of condition #34 of the staff report for Vesting Tentative Tract Map 6152. December 3, 2003, 3:40PM S:~Admin Rpts~003\Park acq 121003.doc MEETING DATE: December 10, 2003 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: ._~. ~C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 25, 2003 APPP,,OVED DEPARTMENTHEAD CITY ATTORNEY t._./ CITY MANAGER Bakersfield Municipal Airport Ground Lease (Ward 1): Ground Lease Agreement with George Sturges, Jr. for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: Construction of this aircraft storage hangar will incorporate an existing shade port structure that has not been utilized for over a year. The term of this agreement is for a period of twenty years with the option of two 5-year extensions. The approximate size of the aircraft storage hangar is 4,200 square feet. November 25, 2003, 9:11AM G:\GROUPDATtADMINRPT~2.003t12-10\Sturges Ground Lease.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 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 25, 2003 CITY ATTORNEY ~ CITY MANAGER ~'~"~-~ SUBJECT: Reimbursement Agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency for Services relating to International Square and the Termination of the Lease Agreement between the City and Union Pacific Railroad. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In 1999, the City adopted the Old Town Kern-Pioneer Redevelopment Plan to assist in the revitalization of properties located in the area. The property located on the northwest corner of Baker and Sumner Streets, known as International Square lies within the Old-Town Kern Redevelopment Area. The City of Bakersfield has been leasing the property from the Union Pacific Railroad since the 1970's. The City Council voted on November 19, 2003, to terminate the lease and return the property to Union Pacific Railroad. Pursuant to the lease agreement, the City is responsible for returning the property to the condition it was in when the lease was executed. This work, conducted by City forces, will include the removal of the fencing, which can be utilized on other projects in the project area, remove the cinder block wall on the north side of the property, remove all structures, any concrete foundations and remove all landscaping. After this work is completed, the railroad has indicated that it will either sell the property to facilitate redevelopment or develop the property itself. The redevelopment agency will be assisting the City by reimbursing for the costs of returning the property to its pre-lease condition up to $30,000. This reimbursement will occur no later than December 31, 2004 and after the receipt of documentation of the actual costs of the work. The reimbursement will be from available Old Town Kern tax increment funds. The Bakersfield Redevelopment Agency considered this item at the December 8, 2003 meeting. S:~Adrnins\City CouncJl\lntl square reimb agree.doc 11/25/2003 4:12 PM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. V, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director November 20, 2003 APPROVED DEPARTMENT HEAD .~'~(.'_~.~, CITY ATTORNEY ~ c TY MANAGER Agreement between Community Action Partnership of Kern (CAP of Kern) and the City of Bakersfield for the purchase, rehabilitation and sale of affordable housing units in the amount of $100,000. (Ward All) RECOMMENDATION: Staff recommends approval. BACKGROUND: The Community Action Partnership of Kern (CAP of Kern) is a qualified Community Housing Development Organization (CHDO) and is requesting financial assistance to pay for the acquisition of specific single- family affordable homes. CAP of Kern will rehabilitate the homes and sell them to Iow-income, first-time home buyers. CAP of Kern will also expand their city-wide housing programs to include the construction of new homes and to provide education and assistance to potential and actual home buyers. CAP of Kern is requesting assistance up to $100,000 of Community Housing Development Organization (CHDO) funds. Of the $100,000, CAP of Kern will utilize $75,000 as a revolving loan fund from which homes would be purchased, rehabbed or constructed, and sold to qualified first time home buyers. Utilizing a revolving loan fund would allow CAP of Kern to always have funds available to expand their program and be able to capitalize on opportunities to secure properties for the program. CAP of Kern is anticipating rehabilitating up to 10 homes per year, securing rehabilitation funds from various outside sources. New construction would take place in neighborhoods where vacant lots and/or dilapidated or abandoned buildings cause inhibited neighborhood growth and increased criminal activity. CAP of Kern will be acquiring the properties from many different sources, including: HUD homes, homes currently listed for sale, real estate owned bank properties, and through solicitations by the Veterans Administration and real estate professionals. The remaining $25,000 will be used by CAP of Kern for operating expenses associated with operating their housing program. They will be reimbursed up to $25,000 to pay for any reasonable and necessary operating expenses associated with the operation of the program, which may include: salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials and supplies. C:\Documents and Settings\dkrarner\Local Settings\Temp\Cap of Kem.doc 1/20/2003 11:23 AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ..,R. u3. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Interim Director, DEPARTMENT HEAD /~ Recreation and Parks DATE: November 20, 2003 CITY ATTORNEY . CITY MANAGER ~ SUBJECT: Agreement with Jeff Ellis & Associates, Incorporated for swim safety consulting, lifeguard and swim instructor certifications, and pool audits in an amount not to exceed $31,500. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Jeff Ellis & Associates is an aquatic safety consulting firm that provides aquatic risk management services to the city of Bakersfield, Department of Recreation and Parks. The department has utilized the services of Jeff Ellis & Associates since 1996 and is pleased with the results in risk reduction at the city pool facilities. These services include safety consulting, National Pool and Waterpark lifeguard and swim instructor training, annual aquatic safety inspections, and design. This agreement has been developed for services rendered by Jeff Ellis & Associates to the Department of Recreation and Parks. Jeff Ellis & Associates will provide lifeguard and swim instructor licenses, manuals, textbooks, and trainer licenses. In addition, they will provide three operational audits that include videotape and written documentation of the licensed lifeguards' performance. Under this agreement total compensation is not to exceed $31,500. The cost of annual services from Jeff Ellis & Associates did not increase this year. SJ December !, 2003, 1:20PM P:\contracts and agreements~2003 Admin Repod Ellis.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar IITEM: 5. X'. r TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager December 2, 2003 _ APPROVED DEPARTMENT H EAQ///'~ CITY ATTORNE~'"~ ~'~*-~ CITYMANAGER Agreement with Action Sports to grant sole and exclusive right to operate sporting goods retail sale operations at the Aquatic Center and Ice Center. (l~at,-d 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Ice Center and Aquatic Center are on schedule to be completed before the end of the year. In anticipation of their completion, the City and SMG desire to enter into an agreement to provide sporting goods retail sale operations for both locations. The agreement between the City, SMG and Action Sports will provide hockey, swimming accessories and other retail items for the public's purchase at both locations. kn' December 3, 2003, 9:44AM SS:~Adrninistration~Action Sports final admin.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar TEM: .~. ~. TO: Honorable Mayor and City Council A~PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 24, 2003 CITY ATrORNEY CITY MANAGER SUBJECT: Amendment No. 3 to Agreement No. 00-174 ($50,000, for a revised total compensation clause of $175,000) with T. W. Collins Associates for On-call Inspection Services for Various Construction Projects (All Wards). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Throughout the year, the demand for Public Works construction inspection services, both for subdivisions and Capital Improvement Projects, exceeds staff resources. Agreement No. 00-174 with T. W. Collins Associates was approved by Council on June 28, 2000. This agreement was for the consultant to provide construction inspection services for Public Works projects for the following two fiscal years. Amendment No. 1 to Agreement 00-174 was approved by Council on June 26, 2002 which extended the period of the agreement six months and provided for an increased hourly rate. Amendment No.2 extended the period of the contract to December 31,2003. The extension was needed due to the poor response to a May, 2002 Request for Qualifications for On-call inspection services. The hourly rate increase reflected cost-of-living increases, inflation, and current market conditions since June, 2000. Mr. Collins is currently providing supplemental inspection services to Parsons Brinckerhoff, the Construction management firm for the White Lane and SR99 widening Project. Since it is advantageous to the City to maintain the same inspection personnel to an on-going construction project, this amendment will extend the period of the contract until December, 2004. In addition, the compensation clause will increase by $50,000.00 (revised total contract amount $175,000.00). Funding for this agreement will be paid by currently funded CIP projects, mostly White Lane and SR99 Bridge Widening Project, and no additional appropriations are anticipated. sjp December 2, 2003, 9:39AM G:\G ROUPDAT~A DMIN R PT~2003~12-10~Amend 3 agree 00-174.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar TEM: ,~. ?... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD November 25, 2003 CITY A'I-I'ORNEY CITY MANAGER~'-~/ Amendment No. 2 to Agreement for Animal Care Services (County-City of B~a/k~rsfield) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: For the past several months, the City of Bakersfield and the County of Kern staff members have been meeting to come to agreement on a longer term mutually-beneficial contract relating to the combining of various aspects of City and County animal control and care services. Those meetings are continuing. In the interim, the City and County have entered in to two three-month short-term agreements for the provision of animal care services, the second of which expires December 31, 2003. This agreement is the third of those short-term agreements and would extend the agreement through March 31,2004. The conditions within the first two agreements remain. The County will continue to designate the area of the County Shelter known as Kennel D to house City animals at a cost of $2,000 a month. The County will provide space within the County Animal Shelter facility to accommodate 24 cage units for City impounded cats, and space will be provided in the Shelter office to accommodate a City staff member to provide public assistance and prepare owner notifications. County vehicles with standard equipment will be provided for use by City if they are available at the rate charged by County fleet operations. City will reimburse the County at the rate of $7.00 per animal for City animals not deemed adoptable. County shall maintain the computerized system in order to keep accurate, full and complete records of all animals impounded by or for the City. On a non-exclusive basis, County shall supply, sell and maintain licenses and records for the City. County will retain all fees collected by County as a result of impoundment of City animals and shall retain all license fees collected by County during the term of the agreement. The City will continue to provide animal control functions as well as contract for the individuals needed to care for City animals at the County Shelter. The County has been very helpful in assisting the City in meeting its short-term animal control and care needs. Progressive steps have been made in determining the various functions of and costs related to animal care and control. The third short-term agreement will assist in these efforts as well as in identifying issues related to longer-term City and County joint animal control ventures. This agreement is brought forward as a Council agreement rather than a departmental agreement to keep Council abreast of the continuing discussions on City-County animal care and control. November 25, 2003, 4:31 PM P:~ACS~ADM03-12-10-AnimalControlAgmt.docAgmt ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. O. O.:. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 18, 2003 DEPARTMENT HEAD ~ROVED CITY ATTO R N E Y.~_.//~-'~'~'-' Amendment No. 2 to Agreement No. 99-157 with The Burlington Northern and Santa Fe Railway Company (not to exceed $28,800) for the maintenance and operation of the Bakersfield Amtrak Station track (Ward 2). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City of Bakersfield assumed maintenance of the Bakersfield Amtrak Station tracks on September 15, 2002 with The Burlington Northern and Santa Fe Railway Company (BNSF) continuing the maintenance of the signals servicing the City's track. In February 2003, staff negotiated an agreement with the Fresno Division Signal Maintenance Group of BNSF to maintain these signals for a fixed fee not to exceed Six Hundred Dollars ($600.00) per month for 48 months from September 15, 2002. This Amendment No. 2 to Agreement No. 99-157 establishes a fixed fee for current and future regular maintenance of these signals, Since costs associated with operation and maintenance of the Bakersfield Amtrak Station are reimbursed with Public Transit funds administered by the Kern Council of Governments, no additional appropriations are necessary for this amendment. November 18, 2003, 4:56PM G:\GROUPDAl~ADMINRP~2003~12-10\BNSF Amendmen~ No 2 to Agreement No. 99-157.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 30, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATFORNEY%_..../~'--- CITY MANAGER ~ Amendment No. 1 to Consultant Agreement No. 02-019 with Carotlo Engineers, $7,500 (for total compensation clause not to exceed $98,800) for construction support and special inspection Services on the Wastewater Treatment Plant 3 - Headworks Upgrade Project (Ward 6). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: At the February 6, 2002 Council Meeting, Council approved Agreement No. 02-019 for Design Consultant services necessary to design, bid and construct various improvements to Wastewater Treatment Plant 3. Special inspection is required for coatings that are being applied to the concrete surfaces within various structures. City Staff has requested a higher degree of participation in the project by the Carolio inspector and this amendment will fund the cost of these services. The original contract was for $91,300. This amendment will add $7,500 to the original amount for a total contract price of $98,800. November 12, 2003, 9:31AM G:\GROUPDAT'~ADMINRPT~2003\I lq9~amend 1- agreement 02-019.doc ADMINISTRATIVE REPORT MEETING DATE December 10, 2003 IAGENDA SECTION: ITEM: 5. ~-~,. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager November 26, 2003 DEPARTMENT HEAD (~.P~ROVE D CITY ATTORNEY CITY MANAGER Canal Liner Repairs in Carrier Canal between Golden State Hwy. and Oak St. (Ward 2) Amendment No.1 to annual contract Agreement No. 03-028 with Jim Alfter, Cement Contractor ($200,000, for a total contract amount of $266,000) for additional canal liner repairs. RECOMMENDATION: Staff recommends approval of amendment to annual contract agreement. BACKGROUND: As a result of the Carrier Canal dry-up on October 30, 2003, the Water Resources Department immediately begin an extensive review of our canal systems through urban Bakersfield. While the results of the investigation revealed that the overall condition of our canal facilities is satisfactory, the concrete ~iner in the Carrier Canal located between Oak St. and Golden State Hwy. is in need of repairs in the immediate future. In order to remedy this situation, staff estimates that approximately 220 concrete canal panels will need to be replaced over the next 2 to 3 years. However, not knowing the future weather or water conditions, we have determined it would be prudent to take advantage of the current extended dry-up period on the canal and repair and replace the damaged panels this calendar year. Kern Delta Water District has agreed to re-schedule any water deliveries involving the Carrier Canal until January 2O04. Our normal maintenance and replacement of canal liners consists of about 40 panels annually due to settlement, dislocation and/ or cracking. By accelerating the level of repairs along this stretch of the Carrier Canal now, it is anticipated that the funding amount requested for canal liner repairs in future years will be reduced. The remaining balance in the annual contract is not sufficient to fund the required level of repairs at this time. This amendment adds $200,000 to the current annual contract, increasing the total contract amount to $266,000 for additional canal liner repairs. The City and Kern Delta Water District share ownership of these Carrier Canal facilities. City staff has met with Kern Delta Water District and they have agreed to reimburse the City for its appropriate share of this maintenance and canal liner repair costs. M,R. - Water December 1, 2003, 11:39AM S:~2003 ADMIN RPTS~admin121003.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. (;~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~/'~'~ /' DATE: November 25, 2003 CITY ATTORNEY /'~/~g~ CITY MANAGER SUBJECT: Contract Change Order No. 4 to Agreement No. 03-018 with S.C. Anderson Inc. for total of $85,970.46 (for a revised contract amount of $5,545,569.63) for the Bakersfield Ice Center Project. (Ward 2) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: During construction it was discovered that the HVAC ducting in the lobby area had to be rerouted due to structural steel conflicts. This ducting was originally concealed; however, the rerouting will expose this ducting necessitating the use of "architectural" type duct. The contractor has agreed to do this work for the lump sum price of $15,753.55. During the installation of the roof, additional flashing over and above what was called for in the plans had to be installed in order to provide proper waterproofing of the roof area. The contractor has agreed to install this additional flashing for $2,692.94. During the installation of the automatic sliding doors, it was discovered that an electrical circuit to power these doors had not been included in the plans. The contractor has agreed to install this circuit for $1,695.47. During construction, it was noted that the roofing material around the HVAC units needs to be modified. The current plan application could cause a waterproofing problem in the future. This modification will provide the best possible leak protection for this area. The contractor has agreed to perform this modification for the lump sum price of $627.90. In order to control the operation of the new "ice Sports" sign on the east and west sides of the building, a control circuit which includes a time clock and photocells need to be installed. The contractor has agreed to install this control circuit for $735.26. The HVAC ducting support system shown on the plans was not sufficient to support these ducts. As such, additional welding needs to be done to secure these ducts properly. The contractor has agreed to do this additional welding for the lump sum price of $460.00. After the exterior doors were installed, it was discovered that the flashing around the door openings would have to be increased and modified in order to provide proper waterproofing of these areas. The contractor has agreed to install the additional flashing for $1,217.10. Rick_M @Construction 12/2/2003 9:50:01 AM G:\GROUPDAT~,DMINRP%2003~t2ot 0~akersfield Ice Center CCO4.doc ADMINISTRATIVE REPORT Due to a necessary HVAC duct relocation in the kitchen area, the ceiling in the kitchen area needed to be lowered. As such, the top of the counter shutter door must also be lowered to match the new ceiling height. The contractor has agreed to lower this counter shutter door for the lump sum price of $748.45. During installation of the countertops, it was discovered that the recessed sinks planned for this project created a condition in which water damage to the laminate counter would be likely over time. The contractor has agreed to install "self-rimming" sinks in all bathroom areas for an additional $$363.29. This type of sink will solve this potential water damage problem. During installation of the HVAC units on the east side of the building, it was discovered that two of the units would have to be moved and the ducting modified due to structural steel conflicts. The contractor has agreed to do this work for $1.051.10. During the construction of the ice making equipment, it was discovered that an additional HVAC unit was needed to keep this room from exceeding 104 degrees in temperature. This 104 degree temperature ceiling is required under the building code. This installation will require additional structural steel to handle the weight of the unit. In addition a significant amount of electrical work and control wiring needs to be done. The contractor has agreed to do this work for $52,258.19. During construction, it was discovered that several exposed structural steel members had sharp edges in areas that were accessible to the general public. The contractor has agreed to grind down and chamfer these edges for the lump sum price of $521.26. During fire inspection, it was discovered that no smoke detectors had been planned for the arena bowl area of the Ice Center. These detectors are required by the fire code. The contractor has agreed to install these smoke detectors for the lump sum price of $12,754.19. Protective caps need to be installed on the concrete mounting pads for the transformer and evaporative condenser units. These caps are necessary in order to protect the roofing material in this area. The contractor has agreed to install these caps for the lump sum price of $537.17. Two "fire alarm tamper switches" need to be installed on the backflow preventor. This work is not shown on the plans but is necessary to be in conformance to the fire code. The contractor has agreed to do this work for $1,680.14. Due to the installation of kitchen facilities to meet the needs of the concession stand operator, the fire sprinklers in the kitchen area need to be modified. The contractor has agreed to do this work for $287.50. During construction, it was determined that the resinous flooring material specified for the shower areas needed to be applied as coving along the wall instead of the planned rubber coving. The installation of the resinous coving will make the floor and coving area a continuous application thereby increasing the waterproofing of this area. The contractor has agreed to install the resinous coving for $2,300.00. During the installations of the wall mounted door stops, it was discovered that this application could cause breakage of exterior tile. As such, overhead type door stops need to be purchased and installed. The contractor has agreed to perform this work for $1,042.95. During construction, it was noticed that the hardware shown on the plans for storage of hockey sticks would not serve this purpose in either strength or configuration. The contractor has agreed to install modified hockey stick racks in all of the locker rooms for an additional $483.00. Rick_M @ Construction 12/2/2003 9:50:01 AM G:\GROUPDA'i~ADMINRPT~-O003~I 2-10'~akersfield Ice Center CCO4.dcc ADMINISTRATIVE REPORT During construction, SMG indicated that the planned skate rental cabinets to be installed in the skate rental room were not consistent with their needs in this area. The contractor has agreed to credit the City in the amount of $2,300.00 to delete these cabinets from the contract. The contractor identified a "Low-E" ceiling insulation product and application that would be less expensive to install while still providing ail of the insulation value. The contractor has agreed to credit the City in the amount of $5,000.00 for installing this modified "Low-E" ceiling. The contractor proposed the installation of industrial grade plastic for the toilet partitions instead of the specified stainless steel partitions. These industrial grade partitions provide ail of the durability of the stainless steel partitions. The contractor has agreed to credit the City in the amount of $3,279.00 for this change. The plastic laminated counter to be installed in the kitchen area needs to be deleted from this contract. This counter will be installed by City crews as part of the installation of the other counters being installed for the concession operations. The contractor has agreed to credit the City in the amount of $600.00 for the deletion of this counter. Due to the numerous changes to the building, substantial completion of the building (which gives the City and SMG full use of the facility) will be achieved on December 12, 2003. Liquidated damages in the amount of $10,000.00 per calendar day will be assessed for each and every day that substantial completion exceeds this date. These change order items will increase the current contract amount by $85,970.46. The cumulative change orders to date on this project reflect a net increase of $55,569.63 as illustrated below: · Original Contract Amount = $5,490,000.00 · Amended Contract Amt after Change Orders = $5,545,569.63 · Net Increase = $ 55,569.63 Adequate contingency funds are available to cover this net increase. Rlck_M @Construction 12/2/2003 9:50:01 AM G:\GROUPDAT~ADMINRP~3\t 2-10\Bakersfield Ice Center CCO4 doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. CC. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 17, 2003 APPROVED DEPARTMENT HEAD ,/~,~.,~'~ CITY MANAGER SUBJECT: Accept bid from Central Valley Truck Center $1,706,426.87 for six (6) replacement and three (3) additional Side Loading Automated Refuse Trucks for Solid Waste Division of Public Works, reject all other bids, and appropriate $220,671 State Grant to the Equipment Management Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: Invitations to bid on refuse trucks (side loading, front loading, and roll off) were sent to eighteen (18) vendors. After reviewing the bids, staff recommends awarding the bid for side loading trucks only. Four (4) vendors responded with bids on the side loading refuse trucks, however only one (1) vendor met the minimum specifications. A grant from the San Joaquin Valley Air Pollution Control District has been approved in the amount of $220,671 to partially fund the purchase. With the purchase of these nine LNG refuse trucks, the alternate fuel vehicle percentage would increase to approximately 10% of the total fleet of rolling stock. The grant proceeds will be received by the City on a reimbursement basis after the trucks are pumhased. The balance of funds are available in the Equipment Management budget. Acceptable bids were received as follows: Central Valley Truck Center 2707 S. East Avenue Fresno CA 93725 Autocar truck Bridgeport body in the amount of $1,706,426.87 Central Valley Truck Center 2707 S. East Avenue Fresno CA 93725 Autocar truck Hell body in the amount of $1,730,278.19 Purchasing Division DW:Ijm S:~ADMIN_O30226_Refuse trucks- side loaders.doc December 2, 2003, 1:41PM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~R ..~-1c-. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 19, 2003 APPROVED '~DEPARTMENT HEAD CITY MANAGER ~'-~'~ SUBJECT: Accept bid from Gibbs International Truck Centers $102,267.17 for one (1) additional Knuckle Boom Trash Loader Truck with Dump Body for Solid Waste. RECOMMENDATION: Staff recommends approval. BACKGROUND: Invitations to bid were sent to thirty-four (34) vendors. Four (4) bids were received, as follows: Gibbs International Truck Centers 3525 Buck Owens Boulevards Bakersfield, CA 93308 Central California Kenworth 2900 Gibson Street Bakersfield, CA 93308 Reynolds Buick/GMC Trucks 675 South Citrus Avenue Covina, CA 91723 (City) in the amount of $102,267.17 (County) in the amount of $107,045.15 in the amount of $109,007.58 Central Valley Truck Center 2707 South East Avenue Fresno, CA 93725 in the amount of $114,221.25 Purchasing Division DW:~jm P:~ADMIN~003 ADMIN\C03_1210_B_Knuckle Boom Trash Loader.doc Novernber 19, 2003, 8:50AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Consent Calendar ITEM: 5. C~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Kiimko, Finance Director November 21,2003 APPROVED '~DEPARTMENT HEAD x'~/~ CITY AI-I'ORNL~//~'~ CITY MANAGER ~ SUBJECT: Accept bid from Applied Technology Group, Incorporated $39,375.77 for Remote Station SCADA (Supervisory Control and Data Acquisition) Radios for use in the Street Maintenance division of Public Works. (Additional) RECOMMENDATION: Staff recommends approval. BACKGROUND: This equipment will be used to monitor and measure the water level in the sewer system. Invitations to bid were sent to five (5) vendors. Two (2) bids were received, as follows: Applied Technology Group, Incorporated 4440 Easton Drive Bakersfield, CA 93309 (City) in the amount of $39,375.77 Microwave Data Systems 175 Science Parkway Rochester, NY 14620 in the amount of $60,617.70 Purchasing Division DW:Ijm P:~,DMIN~003 ADMIN\C03_1210_F_Remote Station SCADA Radios.doc November 21, 2003, 11:51AM ADMINISTRATIVE REPORT MEETING DATE December 10,2003 AGENDA SECTION: Consent Calendar ITEM: ~). ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager November 24, 2003 APPROVED DEPARTMENT HEAD~/~,~.~ CITY ATTORNEY CITY MANAGER ~ Accept bid from Barnett Vandyne Construction Incorporated in the amount of $466,129.30 for construction of the "2800 Acres Well Field Pipeline Extension" for the Water Resources Department, (Ward Number 4) RECOMMENDATION: Staff recommends acceptance of Iow bid. BACKGROUND: This project will connect existing water wells (Olcese #1and #2) in the City's "2800 Acres" via pipelines to the City's 36" Interface water main transmission for delivery of domestic water to serve the current and future demands of the domestic water system. Funding for this project is available in the City's Water Resources Department Capital Improvement budget. Fourteen bids were received on November 18, 2003 for this project, as follows: Barnett Vandyne Construction Inc. P.O. Box 4270 Lancaster CA 93539 (Out of County) .......................................... in the amount of: $466,129.30 Becka Construction Inc. 5400 Rosedale Highway Bakersfield CA 93308 ............................................................. in the amount of: $467,874.38 Choctaw Contractors Inc. 13340 California Street Suite G Yucaipa CA 92399 (Out of County) ............................................ In the amount of: $472,825.00 W. M. Lyles Company P.O. Box 1477 Fresno CA 93744 (Out of County) ............................................. in the amount of: $473,936.70 November 21, 2003, 1:04PM S:\2003 ADMIN RPTS\admin121703 bid BVCONST,doc ADMINISTRATIVE REPORT Nicholas Construction 1975 Airport Drive Bakersfield CA 93308 ............................................................. in the amount of: $481,757.00 Drexal Power Inc. 1830 Brundage lane Bakersfield CA 93304 ............................................................. ~n the amount of: $491,832.00 Solid Construction Inc. 3413 Ginseng Lane Bakersfield CA 93309 ............................................................. the amount of: $503,152.00 Mauldin-Dorfmeier Construction Inc. 3420 Millbrook Fresno CA 93728 (Out of County) ............................................. ~n the amount of: $505,039.00 Temco 24805 Rosepark Ct. Newhall CA 91321 (Out of County) ........................................... in the amount of: $519,320.00 ARB Inc. 3500 Pegasus Drive Bakersfield CA 93308 ............................................................. in the amount of: $523,831.00 Sierra Cascade Construction Inc. P.O. Box 5300 Lancaster CA 93539-5300 (Out of County) ................................. ~n the amount of: $531,733.50 HPS Mechanical Inc. 3100 East Belle Terrace Bakersfield CA 93307 ............................................................. ~n the amount of: $571,648.00 Papich Construction 616 Printz Road Arroyo Grande CA 93420 (Out of County) ................................. in the amount of: $591,832.00 B&H Maintenance and Construction Inc. 8200 Stockdale Highway Bakersfield CA 93311 ............................................................. ~n the amount of: $597,147.00 SFC 11/20/03 November 21, 2003, 1:04PM S:\2003 ADMIN RPTS\admin121703 bid BVCONST.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. i~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 2, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITYMANAGER Martin Luther King Jr. Park Pool Rehabilitation (Ward 1): 1. Accept bid to award contract to California Commercial Pools, Inc. ($730,000.00) to construct Martin Luther King Jr. Park Pool Rehabilitation. Transfer $175,000 Community Development Block Grant (CDBG) Business Loan Funds from the Operating Budget and appropriate $100,000 Southeast Project Area Funds balance to the Capital Improvement Project Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract, and approval of transfers and appropriations. BACKGROUND: In June 2000, Recreation and Parks commissioned a report on the condition of the City's swimming pools. That report identified many health and safety code, and building code violations to the above referenced pool that was constructed in 1957. In addition the office and a portion of the restroom building were damaged in a fire in July 2003. Council awarded the design firm of Aquatic Design Group, Inc., at their June 25, 2003 meeting, a contract to prepare plans and specifications for the rehabilitation of this pool. Prior to advertising this project for construction bidding, staff conducted prequalifications of general contractors for this project with bNO contractors being approved to bid this project. This project will reconstruct Martin Luther King Jr. Pool to meet all current code requirements and will allow greater year round use of the pool. Competition events will be available in the 25 yard pool while non-swimmers wilt have access to the shallow "ell" end of the pool. Construction is scheduled to begin on January 5, 2004 with completion of construction by the end of May, 2004. This will allow for a full summer of activities since the rehabilitated pool will have underWater illumination, a shade structure and expanded restroom facilities. Funding for this project is provided by Community Block Grant Funds and Southeast Project Area Funds. December 2, 2003, 10:46AM G:\GROUPDA'F~ADMINRPT~2003\12-10\Martin Luther King Jr. Park Pool Rehabilitation.doc ADMINISTRATIVE REPORT One acceptable bid was received on November 25, 2003 as follows: California Commercial Pools, Inc. 2255 East Auto Center Drive Glendora, CA 91740 (Outside City) in the amount of $73O,0OO.OO The other approved contractor did not submit a bid because he was unable to obtain a bond. December 2, 2003, 10:46AM G:\GROUPDAT~ADMINRPT~.003\I2-10'uMartin Luther King Jr. Park Pool Rehabilitation.doo ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 rAGENDA SECTION: Consent Calendar ITEM: ~ ...~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,,/~/ DATE: December 2, 2003 CITY A'I-rORNEY CITY MANAGER SUBJECT: Reject bid for Jefferson Park Pool Rehabilitation Project (Ward 2). RECOMMENDATION: Staff recommends rejection of bid. BACKGROUND: In June 2000, Recreation and Parks commissioned a report on the condition of the City's swimming pools. That report identified many health and safety code, and building code violations to the above reference pool, that was constructed in 1937. Council awarded the design firm of Aquatic Design Group, Inc., at their June 25, 2003 meeting, the contract to prepare plans and specifications for the rehabilitation of this pool. Prior to advertising this project for construction bidding, staff conducted prequalifications of general contractors for this project with two contractors being approved to bid this project. This contract would have reconstructed Jefferson Pool into two separate pools that would meet all current code requirements. The competition pool would continue to provide schools and clubs with a 25 yard competition pool featuring the new rim flow gutter system. The swimming pool would have a three foot depth area to allow smaller children and non-swimmers a safe place for water activities. Funding for this project was to be provided by Park Improvement Funds and Community Block Grant Funds. The one bid received is significantly higher than the Engineer's estimate of $1,150,000.00. Staff recommends reevaluating this project and re-advertising it at a later date. One bid was received on November 25, 2003 as follows: California Commercial Pools, Inc. 2255 East Auto Center Drive Glendora, CA 91740 in the amount of $1,531,000.00 The other approved contractor did not submit a bid because he was unable to obtain a bond. December 2, 2003, 10:59AM G:\GROUPDATC, DMINRPT~.003\12-10~efferson Park Pool Rehabilitation.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: 5. I~K. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 21, 2003 DEPARTMENT HEAD //~OVED ClTY ATTORNEY~-~,._..) ClTY MANAGER ~ E~endbidfrom RehrigPacific, lnc. topurchase3,254bluecartsfor$129,126.86forthe Solid Waste Division. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the July 9, 2003 meeting, the City Council awarded the bid for the purchase of refuse, greenwaste and recycling carts from Rehrig Pacific. The bid specifications included the provision for the City to purchase up to 6,000 blue recycling carts. At the time the bid was awarded, only 2,746 blue carts were purchased which was to cover city-serviced routes only. The additional 3,254 recycling carts are needed for routes serviced by Metropolitan RecycJing Corporation (MRC). Agreement No. 03-152 between the City and MRC states that the City shall provide each residence receiving automated curbside service from a MRC contractor with a blue cart. Sufficient funds are budgeted for this purchase. No additional appropriations are necessary. November 19, 2003, 4:03PM G:\GROUPDAT'~ADMINRPT~2003\12-10~Admin Purchase of Blue Recycling Carts.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calender ITEM: 5. ii. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director AP. EROVED DEPARTMENT HEAD November 24, 2003 CITY A'I'rORNEY CITY MANAGER Accept bid to award contract to Performance Electric Company in the amount of $83,469.00 for the Fire Station #1 Electrical Renovation. 0Nard 2) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of removing and replacing otd wiring and distribution panels, particularly in the Apparatus Room and Dormitory, that date back to 1939 and have components that are beginning to fail. This project also includes rearranging lighting layout to be more energy efficient and will enhance the operations of the fire station by removing electrical outlets that are non functioning and adding electrical outlets where they are most needed. This project will also supply the necessary 240 volt and 3-phase power for other new equipment that is to be installed under a separate contract. The Engineer's estimate for this project was $99,000. Three acceptable bids were received on May 29, 2002 as follows: Per[ormance Electric Co 1200 James Road Bakersfield, Ca 93308 (County) In the amount of $83,469.00 Leo Black Electric, Inc 1420 James Road Bakersfield, Ca 93308 (County) In the amount of $92,9OO.0O Bronco Electric, Inc 1711 Art Street Bakersfield, Ca 93312 (County) In the amount of $161 884.00 PW Engr REB November 24, 2003, 1:58PM S:\PROJECTS~JB\Fire Sta 1 Elect~,DMIN-RPT.DOC ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~). ml71. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 21, 2003 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Award annual contract to Jim Alfter Cement Contractor, not to exceed $359,000.00, for HUD funded concrete construction. RECOMMENDATION: Staff recommends approval. BACKGROUND: This contract is used for construction of curbs, gutters and sidewalks in the areas of the city receiving HUD funding. Bid packages were provided to six (6) vendors. Two (2) bids were received. The unit prices of the two (2) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Jim AIfter Cement Contractor. Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03_1210_E_AC HUD Curb Gutter & Sidewalk.doc November 21, 2003, 10:44AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. rill, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 24, 2003 AP~(/~OVED DEPARTMENT HEAD CITY ATTORNEY~.~/~ ClTY MANAGER Award consultant contracts for 3 sewer improvements projects to the following three firms: 1. Consultant's Agreement ($123,325) with Meyer Civil Engineering, Inc. for Design Services for Allen Road Sewer Improvements Project (Ward 4). 2. Consultant's Agreement ($106,000) with Quad Knopf, Inc. for Design Services for Stockdale Hwy Sewer Improvements Project (Ward 4). 3. Consultant's Agreement ($274,000) with Ruettgers & Schuler Civil Engineers for Design Services for Planz Road Sewer Improvements Project (Ward 1). RECOMMENDATION: Staff recommends approval of all agreements. BACKGROUND: In September 2003, staff began the Qualification Based Selection process of selecting three design consultants for three City sewer improvements projects. A Request for Qualifications was sent to interested firms, resulting in submittals of Statements of Qualifications from the following six (6) firms: Boyle Engineering Corporation, CSD Engineering dba Cannon Associates, Meyer Civil Engineering, Inc., Quad knopf, Inc., Ruettgers and Schuler Civil Engineers, and Willdan. As a result of reviewing those submittals, staff recommended inviting the following five (5) firms to prepare fee proposals for the City projects and to make an oral presentation to staff: Boyle Engineering Corporation, CSD Engineering dba Cannon Associates, Meyer Civil Engineering, Inc., Quad knopf, Inc., and Ruettgers and Schuler Civil Engineers. On November 21, staff conducted interviews with these firms. On November 24, the Selection Committee, consisting of three Public Works staff members, evaluated each firms' qualifications, the firms' interview presentations, and the fee proposals submitted by those firms. Based on their combination of qualifications, presentations, and fee proposal being the most favorable for the City, the Committee recommends that the three design consultants each be awarded a City sewer improvements project as determined by staff. DC PW Design Section November 25, 2003, 8:55AM G:~GROUPDAT~ADMINRPT~2003\12-10\Consultant for 3 sewer imprv projects.dot ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~j. OO. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 19, 2003 DEPARTMENT HEAD A~,~_~ED CITY A'I-rORNEY~_~/~c.~''~ CITYMANAGER ('.~/-~--~ Appropriate $80,000 Gas Tax Fund Balance to the Capital Improvement Budget for engineering design services and purchase of signal equipment for the Traffic Signal and Lighting Installation at Brimhall Road and Windsong Street Project (Ward 4). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: This project consists of installing a traffic signal lighting and interconnect system, pavement markings, signage, and sidewalk installation at the intersection of Brimhall Road and Windsong Street. This appropriation wilt fund the on call consultant engineering design services for the design, bidding and construction engineering phases of the project as well as appropriate funding to purchase the project traffic signal equipment. Funds for the installation of the signal and lighting system will be requested in the CIP budget for next fiscal year. December 1,20031 '~ 1:50AM G:\GROUPDAT'~ADMINRPT'~.003\12-10~ADMINFORM WINDSONG BRIMHALLdoc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar TEM: 5.p . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police December 2, 2003 APPROVED DEPARTMENT HEAD c,TY A O..EY CITY MANAGER Appropriate $261,096 COPS grant revenue to the Police Department Operating Budget in the General Fund for (8) eight additional police officers for the Community Oriented Policing Services (COPS) In Schools program. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The City has received a grant in the amount of $1,000,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for (8) eight new, additional police officers. The amount awarded is for a three-year grant period and the officers are required to be deployed to work in and around primary and secondary schools. The officers will be deployed in each of the EastNVest command areas; and will be responsible for law enforcement, school resource, and D.A.R.E. instruction at various schools within the geographic area. The appropriation of $261,096 is necessary to pay for the additional officers through the current fiscal year. The award ending date is July 31,2006. rcu December 2, 2003, 1:54PM P:~ADMRPT~COPS In Schools Program.doc ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ F' DATE: November 21, 2003 CITY ATTORNEY 'L/'~-- CITY MANAGER ~(~ SUBJECT: Jefferson Park Improvements: 1) Community Development Block Grant (CDBG) Action Plan Amendment No. 8 (FY 02/03). (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: 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 proposed amendment affects CDBG program funds. This amendment will reallocate $142,000 of CDBG funds from FY 02/03 to replace new playground equipment at Jefferson Park to the rehabilitation of the Jefferson Park pool. AMENDMENT NO. 8 FY 02/03 ACTION PLAN - B-02-MC-06-0510 Project ID Available Budget Revised Project Title & Description Activity Code/ Amount of Changes Total Citations Funds Funding Delete $142,300 ($142,000) $300 Jefferson Park Playqround Improvement Prolect Remove existing playground equipment and replace new equipment with rubberized surfacing. (Ward 2) 03 F Parks, Recreational Facilities 570.201 (c) Add Jefferson Park Pool Rehabilitation $0 $142,000 $142,000 Improvement Project Improvements include adjust well inlets, new decking, pump, filtration system and ADA improvements. (Ward 2) 03 F Parks, Recreational Facilities 570.201 (c) A public notice was published October 27, 2003 to begin the 30-day public comment period for this amendment. To date no comments have been received. S:~,dmins\City Council\action plan amendment 12-I0-03 doc 11/21/2003 3:24 PM IM~.r- I lNG DATE: ADMINISTRATIVE REPORT December 10, 2003 I AGENDA SECTION: Consent ITEM: ,~. IFF', TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ / ? DATE: December 2, 2003 CITY ATTORNEY ,~'-/'~-~ CITY MANAGER ~ SUBJECT: Transfer the issue of park fee credit for open space in multi-family projects with four or less units for developer required public parkland from the Budget and Finance Committee to the Planning and Development Committee. RECOMMENDATION: Budget and Finance Committee recommends approval. BACKGROUND: The issue of Park Fee Credits was discussed at the council meeting of December 11, 2002. During the meeting, Vice-Mayor David Couch referred the issue of park fee credit for open space in multi-family projects with four or less units for developer required public parkland to the Budget and Finance Committee for additional review. Subsequently, city staff met with representatives from both the Building Industry Association (BIA) and North Bakersfield Recreation and Park District (NBRPD) to discuss the issue and make a recommendation to the Budget and Finance Committee. At the November 24th Budget and Finance Committee meeting, this park fee credit issue was discussed and it was concluded that it would be more appropriate to transfer it to the Planning and Development Committee since that Committee is already reviewing similar issues involving park fee credits. Therefore, the majority of the Committee (with Councilmember Salvaggio absent), recommends transferring this issue to the Planning and Development Committee. ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Workshop ITEM: ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager December 2, 2003 Budget Update DEPARTMENT HEAD ClTY ATI'ORNEY ~'~ CITY MANAGER ~ APPROVED RECOMMENDATION: BACKGROUND: There will be a brief update on the budget by City Manager, Alan Tandy. December 2, 2003, 9:57AM S:\Admin Rpts~003\Budget Update 121003.dot JWS:al ADMINISTRATIVE REPORT MEETING DATE: December 10. 2003 AGENDA SECTION: Closed Session ITEM: q. 0,,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney November 24, 2003 DEPARTMENT HEAD CITY ATTORNEY ~'~2 ClTY MANAGER ~ APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfie/d v. SPCA, et a~ Kern County Superior Court RECOMMENDATION: BACKGROUND: GG:dll November 24, 2003, 3:18PM MEETING DATE: ADMINISTRATIVE REPORT December 10, 2003 AGENDA SECTION: Hearings J ITEM: (~. ~. I TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager November 26, 2003 APPROVED DEPARTMENT HEAD ,'~-~ CITY ATTORNEY.,._~..~'-''~ CITY MANAGER ~ Public hearing to consider public testimony on the proposed annexation of inhabited territory to the City of Bakersfield called "Froe~ich Ranch", property identified as Annexation No. 455 located west of Allen Road, north of Palm Avenue. (Ward 4). RECOMMENDATION: Staff recommends receipt of testimony and approval of a Resolution of Application on January 14, 2004. BACKGROUND: Property owners within the neighborhood called Froelich Ranch located west of Allen Road and north of Palm Avenue requested annexation information from City staff several months ago. To gauge interest from all the residents, staff sent a letter and interest card to residents and property owners in the neighborhood. Of the 86 cards sent out to property owners and residents, we received 42 responses. Of that number, 36 indicated they were interested in receiving more information, either through an informational meeting or by personal contact with City staff. Six indicated they were not interested. During this process, a property owner contacted City staff about hosting a neighborhood meeting. On October 14, 2003, Councilmember David Couch and City staff met with neighbors at a property owner's home to discuss the various aspects of annexation. In advance of the meeting, a flyer was delivered to residents by this property owner. Also included with the flyer was Frequently Asked Questions (FAQ) on Annexation. The outcome of the meeting was positive on the issue of annexation, so staff informed the residents that at least one noticed informational meeting at a public facility was necessary to comply with the City's Annexation Policy. On November 6, 2003, Councilmember Couch and City staff again met with the neighborhood to answer questions from the previous meeting and determine what direction the neighborhood wanted to take. To comply with the City's Annexation Policy, this meeting was held in a nearby church a few blocks away from the neighborhood. After the meeting the property owners expressed overwhelming support to proceed with annexation of the neighborhood. November 26, 2003, 11:47AM S:~AC~Annexation\The Palms-Froelich Ranch\Palms-Froelich Ranch Hearing 121003.dot AC:al Page 1 ADMINISTRATIVE REPORT A notice of this public hearing was sent by the City Clerk's Office to the property owners of the territory on November 17, 2003, and published in the Bakersfield Californian on November 20, 2003. The individual notification and legal notice were mailed and published no later than 20 days prior to this hearing. Along with the mailed legal notice, an interest card was sent that residents may return to the City Clerk, which is in accordance with the City's Annexation Policy. Should support on the annexation continue from the property owners of the neighborhood, staff would recommend that a Resolution of Application be considered at the next regularly scheduled City Council meeting on January 14, 2004, in compliance with the City's Annexation Policy. If approved by the City Council, the Resolution of Application would be submitted to the Local Agency Formation Commission (LAFCO). Since it is an inhabited annexation and staff has not received 100% consent from the property owners of the territory, LAFCO will hold a protest hearing at the end of the annexation process. Once submitted to LAFCO, the annexation process is governed by state law. LAFCO will send a copy of the application for review by responsible agencies, and the County Assessor's Office will gather property owner information for LAFCO. Then LAFCO will conduct their hearing on the annexation. LAFCO will take about six months to process the annexation. This is a public hearing to take testimony from the neighborhood to determine their interest in annexation. The Policy states that there is 15 minutes for each side with a 5-minute rebuttal period. Aisc, the City Clerk has received interest cards from individuals from the area expressing their opinion about annexation. Because cards are still coming in, the results will be available at the meeting. Attached are copies of 1) public hearing notice sent to the residents, 2) public notice printed in the Bakersfield Californian, 3) the City Annexation Policy, and 4) all materials provided to residents at neighborhood meetings. November 26, 2003, 11:47AM S:\AC~Annexation\The Palms-Fmelich Ranch\Palms-Froelich Ranch Hearing 121003.dot AC:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings ITEM: O1. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ DATE: November 26, 2003 CITY A'I'rORNEY CITY MANAGER ~ SUBJECT: Issuance of Multi-family Housing Revenue Bonds (not to exceed $30 million) by the California Statewide Communities Development Authority (TEFRA Hearing). (WARD 3) RECOMMENDATION: Staff recommends cancellation of the hearing. BACKGROUND: This hearing was originally scheduled for the November 5~h Council meeting at which time it was continued to December 10, 2003. Subsequently, staff has received correspondence requesting to withdraw the hearing. S:~Admins\City Councii~TEFRA hearing social urban villiagecancel.doc 11/26/2003 9:11 AM ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 IAGENDA SECTION: Hearings ITEM: (4. C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 25, 2003 APPROVED DEPARTME.T.EAD / -/ CITYATTORNEY l/~ CITY MANAGER ~ Resolution approving the appeal and adopting the Negative Declaration and approving Vesting Tentative Parcel Map No. 11001 located on the southeast corner of State Route 178 (24th Street) and Oak Street. (Engineer- Mclntosh & Associates/Subdivider - Berkshire Properties, Inc.) (Ward2) RECOMMENDATION: Staff recommends adoption of the resolution approving the appeal and adopting the Negative Declaration and approving Vesting Tentative Parcel Map No. 11001. BACKGROUND: This proposed tentative parcel map consists of 6 parcels on 4.5 acres for purposes of office development, zoned C-O (Professional and Administrative Office Zone) and is located on the southeast corner of State Route 178 (24th Street) and Oak Street. No development plans have been submitted. On October 16, 2003, the Planning Commission arrived at a split vote (3-3 tie) on this project. By act of Law, the project was therefore denied. The staff report had recommended approval. No one spoke in opposition to the proposed project. The applicant, Roger Mclntosh, on behalf of Berkshire Properties, Inc. (Tom Carosella) appealed the denial by the Planning Commission. Discussion at the Planning Commission focused on transportation impacts, as described below: · The intersection of 24~h and Oak Streets is under CaITrans jurisdiction. Conditions for additional dedications, lanes, and limitations to traffic movements were proposed by CalTrans. · CalTrans stated in correspondence dated October 15, 2003, that the proposed conditions would "improve operations over existing conditions, but the level of service would remain "F." Turn movements into and out of the project would be right in/right out only. No left turns into or out of the project site are allowed. Two access points are allowed off of Oak Street and one off of 24th Street. ADMINISTRATIVE REPORT Page2 The Public Works Department is initiating a long term solution for the intersection of 24th and Oak Streets. A study will soon begin to evaluate the construction of an urban interchange at this intersection. The interchange would be designed to include extending Oak Street north across the Kern River and access to Highway 99. It is likely that some or all of the property of the parcel map will need to be acquired for the interchange. However, until studies are completed and design concepts approved, there is no means to require reservation of the property for the interchange. As referenced in the attached minutes of the Planning Commission meeting, three Commissioners were of the opinion they had insufficient traffic information to evaluate the impacts on transportation facilities in the vicinity of the project, and on the neighborhood located to the east of the project. A limited traffic study was completed for purpose of an Air Quality Impact Analysis but a full traffic study was not required because the project was consistent with the commercial office land use designation of the General Plan, which was evaluated as part of the Metropolitan Bakersfield General Plan Update. This land use is modeled in the RTIF traffic model for full mitigation through the traffic impact fee. Commissioners EIlison, Lomas, Spencer voiced concerns about the possible traffic impacts on the residential neighborhood east of the project site resulting from "short cut" traffic wanting to go south from the project. Direct southerly movements would not be permitted from the site because of the right in/right out restrictions mentioned earlier. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment. A Negative Declaration was prepared. The environmental assessment and proposed Negative Declaration were submitted to the State Clearinghouse for a 30-day minimum review period commencing July 22, 2003 and ending August 20, 2003 (SCH # 2003071135). JM: Jeng (S:\TRACTS\0001~cc~admin.doc) November 24, 2003 2:05 pm ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings ITEM: ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 17, 2003 DEPARTMENT HAD~_~../J-/¢.. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract Map 6234 and the Negative Declaration, denying the appeal by the Sierra Club located south of Reina Road, north of Noriega Road and west of Old Farm Road. (Engineer-SmithTech U.S.A., Inc.; Property Owner/Subdivider- Jim Gardiner). (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution upholding the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract Map 6234 and denying the appeal. BACKGROUND: On October 16, 2003, the Planning Commission adopted Resolution No. 150-03, conditionally approving Vesting Tentative Tract Map 6234 proposed by SmithTech U.S.A., Inc. Engineering, the applicant representing Jim Gardiner, property owner. Tract 6234 is located south of Reina Road, north of Noriega Road and west of Old Farm Road. Gordon I. Nipp, of the Sierra Club filed an appeal to the Planning Commission's approval of Tract 6234 and Negative Declaration on the grounds that cumulative impacts to air quality and traffic are significant. Tract 6234 is a proposed phased subdivision consisting of 326 lots for the purpose of single family residential development, a sump lot, and a 2.06 acre drill site on 100.02 acres zoned for single family residential. The Initial Study is attached in the material labeled "Background Material for Tract 6234." The studies include an "Air Quality Study" by W.Z.I., Inc. As a result of this study mitigation measures were not required to reduce the impacts of this development to below the thresholds of significance established by the San Joaquin Valley Air Pollution Control District, but were included as Conditions of Approval for the project in an effort to bring the area's air quality into attainment. The City's Traffic Engineer determined that a traffic study was not necessary for the proposed subdivision. The subdivision is bounded by, and has access to three major streets, two collectors and one arterial street. Cumulative impacts for buildout of the project were considered in the Metropolitan Bakersfield General Plan Update (2002). The project did not include a change in land use. ADMINISTRATIVE REPORT Page2 The proposed project is covered by the Incidental Take Permit PRT-786634 issued as a result of the Metropolitan Bakersfield Habitat Conservation Plan approval. Compliance with this permit and associated implementation agreement constitutes full mitigation for Federally Protected Species, State Protected Species and Species of Concern. No separate biological assessments are necessary for this project. During the October 16, 2003 public hearing before the Planning Commission, no one spoke in opposition to this project. The Sierra Club has appealed the Planning Commission's decision to approve this project on the basis that the environmental analysis of the impacts of this project were inadequate. Conclusion. The initial study conducted on this project site determined that the environmental impacts of this subdivision are less than significant. In accordance with CEQA, the Negative Declaration is adequate and an appropriate environmental document. Pursuant to Subdivision Map Act Section 66474.2, in determining whether to approve or disapprove the map, a local agency may only apply the ordinances, policies, and standards in effect on September 22, 2003, which is the date the application was deemed complete. Based on the above information, Staff recommends the Council uphold the Planning Commission's decision to approve the tract with conditions and mitigation measures, adopt the Negative Declaration, and deny the appeal by the Sierra Club. LP (Admin\12-10-6234) ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings ITEM: ~. 4. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning December 2, 2003 //~PP~OVED DEPARTMENT HEA~..~ A ORNE 'J-- 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 located on the south side of Paladino Drive, west of Morning Drive (Subdivider - Blumer Development, Owner - Ralph W. Miller, Trustee). (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 Patadino 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 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 determined 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 2-10-6191 ADMINISTRATIVE REPORT MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning December 2, 2003 ~AEPFU~/ED DEPARTMENT HEAD~ C,TY ATTORNEY~' CITY M ANAG E R / '""'/?~"~-~----~ SUBJECT: General Plan Amendment/Zone Chanqe 03-0764 (Ward 5) MCMillan Albany, LLC has appealed the Planning Commission's denial of a proposed General Plan Amendment and an ordinance amendment on 5± acres located along the northwest corner of Progress Road and Panama Lane. Resolution approving the Mitigated Negative Declaration, upholding the Planning Commission's denial of the requested LR (Low Density Residential) land use designation and denying the appeal. Resolution adopting the Negative Declaration, upholding the Planning Commission's denial of the requested R-1 (One Family Dwelling) zone designation and denying the appeal. RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration, upholding the Planning Commission's recommendation to disapprove the applicant's requested land use designation change from GC (General Commercial) to LR and zone change from C-1 (Neighborhood Commercial) to R-1 denying the appeal. BACKGROUND: The applicant requested a general plan amendment from GC (General Commercial) to LR (Low Density Residential) and a zone change from C-1 (Neighborhood Commercial) to R-1 (One Family Dwelling) or more restrictive zoning on 5.00 acres. The subject site is located within an area designated and zoned for agricultural, residential and industrial development. East of the subject site and located adjacent to and between the Sunset Railroad (Southern Pacific Railroad)Pacheco Road and Panama Lane is 240 acres of undeveloped land designated SI and zoned M-2. Southeast of the subject site located along the southeast corner of Progress Road/Sunset Railroad and the Panama Lane Intersection are two 9.87 acre parcels (19.74 acres, County jurisdiction). These two parcels are developed to a concrete batch plant and an asphalt batch plant designated HI (Heavy Industrial) and zoned M-3 (Heavy Industrial). ADMINISTRATIVE REPORT Page2 Staff recommended denial to the Planning Commission because of concerns regarding the potential incompatibility between future residential uses and the existing concrete and asphalt batch plants. These batch plants present potential aesthetic, light, noise, traffic and vibration impacts. The description and nature of the SI (Service Industrial) and HI (Heavy Industrial) imply that industrial uses allowed by such land use designations are not good neighbors for residential property. Service Industrial (SI) - Industrial activities which involve outdoor storage or use of heavy equipment. Such uses produce significant air or noise pollution and are visually obtrusive. Heavy Industrial (HI) - Large scale industrial activity which is usually land intensive and incompatible with other land uses because of potential sever environmental impacts. The following Land Use Element industrial development policies and M-3 zoning do not support adjacent residential development. Policy No. Land Use Element Industrial Development Policy 32 Protect existing industrial designation from incompatible land use intrusions. Noise Element 2 Prohibit new noise sensitive land uses in noise-impacted areas unless effective mitigation measures are incorporated into project design to reduce to acceptable levels. 3 Review discretionary industrial, commemial or other noise-generating land use projects for compatibility with nearby noise-sensitive land uses. M-3 Zoning 17.31.070 A. All buildings shall be located not nearer than 10 feet from the front property line. The Planning Commission agreed with staff and recommended disapproval of the proposed project on October 5, 2003. Commission concerns with the GPA/ZC are if the subject site is developed to residences such development would be adversely impacted by activities from the two batch plants. Batch plant activities which could impact residential development include, but are not limited to, dust, fumes, noise, potential odor, employee and heavy truck traffic. The applicant's representative, Harold Robertson of Porter Robertson Engineering, was the only speaker against staff's recommendation. On October 10, 2003, applicant filed an appeal of the Planning Commission's recommendation to disapprove GPA/ZC 03-0764 and requested a December 10, 2003 hearing date which the Council granted. The applicant provides the following information in support of GPA/ZC 03-0764. 1. A Mitigated Negative Declaration was prepared for the project. ADMINISTRATIVE REPORT Page3 The staff report states that land use incompatibility, traffic, noise and vibration impacts present the greatest concerned due to proximity of M-3 uses (i.e. concrete and asphalt batch plants) {Staff Report GPA 1-93 Segment VII/Zone Change 5426). The Negative Declaration asserts that the project could not have a significant impact on the environment. Upon annexation, "... the City designated the land uses as LR (Low Density Residential) and thereby determined that the residential land use was compatible with the existing concrete and asphalt batch plants". The staff report prepared for GPA 1-93 Segment VII contained correspondence from the batch plant operators objecting to the change. The 1993 Planning Commission minutes indicate there was considerable discussion regarding the incompatibility of the commercial site in proximity of the batch plants. The City determined that M-2 and M-3 uses are compatible with residential uses by approving Tracts 6003 and 6042 that abut industrial land use designations. (NOTE: Item No. 5 - Applicant is stating that Tract Map Nos. 6003 and 6042 were approved under similar, but unlike, adjacent zoning (i.e. R-1 v. R-2), and by approval of such tracts, the City has determined that industrial zoning is compatible with residential land uses. Tract Map Nos. 6003 and 6042 are both zoned R-2 and located along the south side of Krebs Road, the west side of Mohawk Street and the Calloway Canal and east of Fruitvale Avenue. Along the east side of Tract 6003/Mohawk Street, the zoning is M-1 and M-3. Along the east side of Tract 6042, the zoning is M-3. Along the south and west boundaries of Tract 6003 the zoning is M-3 while along the west side of Tract No. 6042, the zoning is M-2 and M-3. Tract map Nos. 6003 and 6042 are located within the boundaries of GPA/ZC 3-0482 for which an EIR was certified by the City Council. This EIR contained mitigation measures which included but not limited to ensuring the continued viability of oil production facilities, residential setbacks of 330 feet from heavy industrial uses or endpoint setback distances and remediation of oil contaminated soil). The GC/C-1 subject site was created by GPA 1-93 Segment VII/ZC 5426. Applicant had originally requested a C-2 (Regional Commercial) zoning on the subject site for purposes of a shopping center. Staff reasoned that parcels under ten acres in size, located on an arterial and a collector, are best suited for neighborhood commercial rather than regional commercial uses; therefore, staff recommended the C-1 zoning district. The Planning Commission recommended approval of the C- 1 zoning on March 18, 1993, and the C-1 was approved by the City Council on May 26, 1993. The staff report prepared for GPA 1-93 Segment VII/ZC 5426 discussed placement of commercial land uses, on the subject site, as a buffer between industrial uses and residential development (i.e. assist in minimizing aesthetic, light, noise, and vibration impacts from industrial development). RD Admin\nov\l 1-5-0764 ADMINISTRATIVE REPORT MEE lING DATE: December 10, 2003 ITEM: AGENDA SECTION: Hearings TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director December 3, 2003 DEPARTMENT HEAD_~~ CITYATTORNEY CITYMANAGER Public Hearing to consider Mill Creek Project: (Ward 2) 1) A Resolution approving the Negative Declaration, the Mill Creek Project, and the Common Use Agreement with Kern Delta Water District. 2) A Resolution approving the Application for Grant Funds for the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the Mill Creek Project. 3) An Agreement for Common Use of Kern Island Canal with Kern Delta Water District. RECOMMENDATION: Staff recommends conduct hearing, adopt resolutions, and approve the agreement. BACKGROUND: Mill Creek is a proposed linear park along the Kern Island Canal in downtown Bakersfield. This agenda item consists of three separate items as referenced above. These items are independent of each other and may be acted on separately or together at the pleasure of Council. Overview The idea of making improvements in the area around Central Park is downtown Bakersfield is not new. Community recommendations for such improvements were generated during the Greater Bakersfield Vision 2020 process. These ideas were further refined in the Downtown Design Charrette, where community members recommended extending park improvements along the Kern Island Canal. With the passage of the State Urban Park Act in 2001, the City of Bakersfield has the opportunity to secure up to $3 million toward such improvements. The Kern Island Canal serves the agricultural needs of our community. Running over 20 miles in length, the canal is owned by the Kern Delta Water District. The 1.5 miles of the canal, between Golden State and California avenues, is where Mill Creek is targeted. S:~Admins\City Council~Mill Creek project public headng 121003.doc 12J3/2003 3:40 PM ADMINISTRATIVE REPORT Page2 In 1871 the Kern Island Flour Mill was built on the Kern Island Canal and continued production until 1923. Grain was processed and stored on the site until the 1952 earthquake. Hence, the term "Mill Creek" was born. Description of the proiect The Mill Creek Project would transform the portion of the Kern Island Canal from Golden State Avenue to California Avenue into a "natural" creek, with a walking path, public art, construction of a replica mill, creation of a pond in Central Park, vacation of vehicular access rights on 17th Street at the Kern Island Canal, and a common use agreement with Kern Delta Water District, the owner of the Kern Island Canal. The existing canal is dirt lined and fenced. A dirt right-of-way lines both sides of the canal from Golden State Avenue to 17th Street, then again from south of the Burlington Northern Santa Fe Railroad tracks to California Avenue. This dirt right-of-way is used by Kem Delta Water District for pedodic maintenance of the canal. This right-of-way presents opportunities for adding park and recreation amenities along the canal. However, making such improvements along the canal in its present state would interfere with canal maintenance. This problem has been addressed in the design of the Mill Creek Project by lining the canal with concrete. Concrete lining would virtually eliminate the need for canal maintenance. Allowing public access along the canal in its present state would increase potential liability issues. This problem has been addressed in the design of the Mill Creek Project through two separate efforts. First, the swift current of the canal flow would be slowed. This would be done through the creation of a pond in Central Park to allow the existing flow to be spread out over a larger area, thus reducing the speed of the flow further south. A smaller pond would be located south of Central Park to assist in the slowing. The feasibility of such ponds has been certified by a hydrology study conducted by Meyer Civil Engineering, Inc. Second, the issues of liability will be reduced by not only a slower flow but by a restructuring of the canal. This restructuring would widen and shallow the canal. This restructured canal would contain obstacles, notable large boulders which, while conducive to a park or recreational setting, will deter the public's entry into the canal water. The length of the Mill Creek project, from Golden State to California avenues, makes it unlike most other park or recreation areas. Therefore, for description purposes, the project has been divided into five separate segments. Attached to this administrative report are concept plans that illustrate each segment. From north to south, those segments are described as follows: Segment One: Between Golden State Avenue and 21~ Street. This section would include a walking path, lighting, landscaping, and public art. Segment Two: Between 21~ and 19~ streets (Central Park), This section would include a pond, as described earlier, walking paths around the pond, lighting, landscaping, and public art. Segment Three: Between 19~h and 1~h streets. This section would include a smaller pond to assist with the slowing of the water current, walking paths around the pond, lighting, landscaping, and public art. Segment Four: Between 18~h Street and Truxtun Avenue. In this section, a replica of a Mill would be constructed in the canal at 17~ Street, 17th Street would be vacated between "R" and "S" Streets, a public plaza would be constructed on the vacated portion of 17th Street between the canal and "S" street. A walking path, lighting, landscaping, and public art also would be included. For these improvements to be made, Council would need to approve by resolution the vacation of this portion of 17th Street. However, until such time as the necessary funds are secured for the Mill Creek Project, such a vacation request will not be brought to Council for action. S:~Admins\City Council\Mill Creek project public headng 121003.doc 12/3/20033:40 PM ADMINISTRATIVE REPORT Page 3 Segment Five: Between the Burlington Northern Santa Fe Railroad tracks and California Avenue. This section would include a walking path, lighting, landscaping, and public art. These segments are provided for illustrative purposes only and are separate and distinct from possible phasing of the project's construction. Sections One through Four are located within the Old Town Kern-Pioneer Redevelopment Area. Section Five is located within the Southeast Bakersfield Redevelopment Project Area. Estimated cost Development of the Mill Creek Project would occur in phases over several years, based upon the operations of the Kern Delta Water District and the securing of funds. Staff estimates the cost of the Mill Creek Project to be approximately $10 million. No general funds are anticipated for the development of Mill Creek. Major funding would be provided from a $3 million grant from the State of California Department of Parks and Recreation through the Urban Park Act of 2001; authorization to direct staff to apply for these funds is contained in Resolution #2 of this item. Additional funds would be a combination of redevelopment tax increment, federal funds through a special Economic Development Initiative (EDI), Transportation Development Act A,"ticle 3 Bike Path/Pedestrian fund, Community Development Block Grant funds, park development fees, California Department of Water Resources, the National Tree Trust, and other possible grant sources. A maintenance district would be created to generate funds for the maintenance of the proposed improvements. Public input The proposed Mill Creek Project has been the subject of several public meetings. In addition, several stories in the local news media have publicized the proposals and sought public comment. Two community meetings were held in September. The first, September 25, was held at the Park Place Apartments, a senior housing complex at 22~ and "R" streets, very near the proposed project. Approximately 40 people attended. The second meeting, September 29, was held at the Bakersfield Convention Center. Approximately 30 people attended this meeting. At each of these meetings, participants were asked to identify unmet recreation and park needs in the area, then to identify how the proposed Mill Creek Project could address them. This vibrant and substantial community input was then reviewed by City staff members to help plan how the Mill Creek project could best meet the needs and desires of the community. In addition to the two public meetings, a workshop presentation was made before the City Council on November 19. Action Items Three items are submitted for Council action and are detailed below. 1. Resolution of the City of Bakersfield approvinq the Neqative Declaration, the Mill Creek Proiect, and th~, Common Use Aqreement with Kern Delta Water District for use of the Kern Island Canal. This resolution contains three separate approvals: a. Approval of the negative declaration, b. Approval of the Mill Creek Project, and c. Approval of the Common Use Agreement with Kern Delta Water District. S:~Admin$\City Council\Mill Creek project public hearing 121003.doc 12/3/20033:40 PM ADMINISTRATIVE REPORT Page 4 Each of these items is described below. a. Approval of the negative declaration 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 October 21, 2003. Staff has received a comment from the law office of Graham Vaage & Cisneros on behalf of H.W. Lakeshore Pines Joint venture, owner of the property at 1400 "Q" Street in Bakersfield, which is attached with the response from city staff. b. Approval of the Mill Creek project The Mill Creek Project was described in the first part of the Administrative Report. c. Approval of the Common Use Agreement with Kern Delta Water District. The resolution includes approval of the agreement. However, a separate approval of the agreement itself is needed. Details of this agreement are included under Item #3 of this Administrative Report. 2. Resolution of the City Council of Bakersfield approvinq the filinq of an Application to Apply for Grant Funds from the Urban Park Act 2001 Proqram under the California Clean Water, Clean Air, Safe Nei,qhborhood Parks, and Coastal Protection Act of 2002 for the Mill Creek Project The Urban Park Act provides an opportunity to secure up to $3 million in state bond monies for the Mill Creek Project. A total of $130.6 million are available statewide to finance park and recreation acquisition and development in areas least served by park and recreation providers, impacted by high unemployment, and scarred by blight. This resolution authorizes staff to file an application for these funds. Staff plans to apply for the maximum amount, $3 million. The completed application is due no later than January 15, 2004. While a specific amount of matching funds is not specified, a match is required. Staff has identified possible matching funds to be used for the Mill Creek Project; these funding sources were identified eadier in this Administrative Report. However, the project will only go forward if the funds from the Urban Park Act are received, sufficient matching funds are secured, and a maintenance district is in place. 3. An aqreement for Common Use of Kern Island Canal with Kern Delta Water District. This agreement transfers the costs of operations, maintenance, and liability for the portion of the Kern Island Canal between Golden State and California avenues from Kern Delta Water District to the City of Bakersfield. Staff representatives from Economic and Community Development, Water Resources, and the City Attorney's Office met with representatives of the Kern Delta Water Distdct to discuss the proposed Mill Creek Project. The positive response from district officials is evidenced in the approval by the district of this agreement. With the approval of this agreement, the City of Bakersfield agrees that it will design, construct, operate, maintain, and repair this section of the Kern Island Canal in a manner that will not interfere with the use of the canal by Kern Delta Water District. While the City of Bakersfield would own the facilities constructed as part of the Mill Creek Project, it will not own any interest in the canal. The agreement maintains Kern Delta's rights, title, and interest in and to the Kern Island Canal and its existing capability to transport water. S:~Admins\City Council\Mill Creek project public headng 121003.doc 12/3/20033:40 PM