HomeMy WebLinkAbout04/14/04_CC_AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
APRIL 14, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING - 5:15 p,m.
1. ROLL CALL
2. PUBLIC STATEMENTS
(Ward 6)
(Ward 4)
(Ward 3)
APPOINTMENTS
One (1) appointment to the Planning Commission, due to the expiration of term of Jeffrey
Tkac, term expiring April 30, 2004.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of March 24, 2004.
Payments:
Approval of department payments from March 12, 2004 to April 1, 2004 in the amount of
$8,660,963.50 and self insurance payments from March 12, 2004 to April 1, 2004 in the
amount of $319,374.95.
Ordinances:
First Reading of Ordinance amending Section 2.62 of the Municipal Code relating the Keep
Bakersfield Beautiful Committee.
First Reading of Ordinance amending Chapter 13.04 of the Municipal Code relating to the
notice and headng requirements for Maintenance Districts.
Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020
(Zone Map No. 102-36) of Title 17 of the Municipal Code by changing the zoning from an R-1
(One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46 acres,
generally located on the west side of Jewetta Avenue, approximately 600 feet north of
Stockdale Highway. (Engineer: Mclntosh and Associates/Developer: Castle & Cooke) (ZC
03-1246) (First Reading 3/24/04)
Adoption of Ordinance adding Chapter 9.23 to the Municipal Code relating to the assessment
of second response costs for loud or unruly events. (First Reading 3/24/04)
Adoption of Ordinance upholding the decision of the Planning Commission, denying the
appeal by the Sierra Club, adopting Negative Declaration and amending Section 17.06.020
(Zone Map No. 104-07) of the Municipal Code by changing the zoning from A (Agriculture)
to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One
Family Dwelling-Hillside Development) on 160+_ acres generally located north of Paladino
Drive, west of the proposed Morning Drive alignment, in the northwest quarter of Section 7,
T29S, R29E. (ZC 03-1133) (Aera Energy, LLC/Applicant) (First Reading 3/24/04)
4. CONSENT CALENDAR continued
(Ward 2)
(Ward 4,5,7)
(Ward 4)
(Ward 2)
(Ward 4)
(Wards 4,7)
(Ward 6)
(Ward 3)
Resolutions:
Resolution approving the Negative Declaration for the Rosedale Highway (State Route 58)
Widening Project.
Resolution declaring the results of the Primary Municipal Election for the election of Mayor,
held in the City of Bakersfield on Mamh 2, 2004.
Resolution determining that the LDV, Inc., Mobile Command Vehicle Model MCC26LGS260-
2001, Stock #8767R for use in the Police Department cannot be obtained through the usual
bidding procedures and authorizing the Finance Director to dispense with bidding therefor,
not to exceed $215,000.00.
k
Resolution opposing Senate Bill 1462 (Kuehl), establishing a Southern California Military
Greenway Commission for Kern, Kings, Los Angeles, and Ventura Counties.
Resolution amending the official list of designated speed zones, pursuant to Sections 22357
and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal
Code.
Resolution adding territory, Area 1-45 (Jewetta, Brimhall NE) to the Consolidated
Maintenance District and confirming the assessment, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1327 to add territory, Area 4-29 (Baker Street II) to the
Consolidated Maintenance District, preliminarily adopting, confirming and appreving Public
Works Director's Report and setting time and place for hearing protests to the proposed
addition of territory.
Resolution of Intention No. 1331 to add territory, Area 1-46 (Jewetta, Noriega NW-II) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
p. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Vista Finestra I for Tract 6012, Phase
2 located north of Stockdale Highway and west of Renfre Road.
Final Map and Improvement Agreements with Granite Pointe, LLC for Tract 6095
Phases I and 2 located south of Berkshire Road and east of Wible Road.
License Agreement with the property owners in Tentative Tract No. 6190 for an irrigation line
to be located along the right of way line of and across McCutcheon Road, westerly of Stine
Road.
Agreement to initiate eminent domain action to secure construction of improvements and
guaranteeing payment for acquiring offsite real property interest for Vesting Tentative Tract
Map No. 6160 located near the intersection of Miramonte Drive and Casa Club Drive. (Rio
Grande Development, LLC)
2
4o
(Ward 7)
(Ward 5)
(Ward 2)
(Ward 2)
(Ward 7)
CONSENT CALENDAR continued
Agreement to initiate eminent domain action to secure construction of improvements and
guaranteeing payment for acquiring offsite real property interest for Vesting Tentative Parcel
Map No. 10927 located on the north side of Panama Lane and east of Highway 99. (Panama
Lane, LLC)
Agreement with Arrache, Clark & Potter to provide legal services in the acquisition of offsite
real property interest for Vesting Tentative Parcel Map No. 10927 (Panama Lane, LLC), in
an amount not to exceed $75,000.00, and, appropriate $75,000.00 developer's contribution
to the Public Works Capital Improvement Budget in the gas tax fund.
Reimbursement Agreement with Kern Delta Water District to pay City for a share of the costs
to repair and replace the Carrier Canal culvert at 19th and Oak Streets.
Consent to Common Use Agreement with the County of Kern for Tract Nos. 6097 and 6143
for public street purposes with the City's easement.
Agreement with the Bakersfield Redevelopment Agency for use of Community Development
Block Grant Funds and for conveyance of real property located at 713 Lake Street for the Old
Town-Kern Mixed Use Project.
Amendment No. I to Agreement No. 03-381 with Kern Delta Water District for common use
of Kern Island Canal regarding the Mill Creek Project.
Amendment No. I to Memorandums of Understanding between the City, County of Kern,
Kern Council of Governments and the State of California Department of Transportation for
the Regional Transportation Model.
Agreement No. 04-011 with Kern Regional Modeling Coordination MOU reaffirms the
existence and roles of the Kern Regional Transportation Modeling Committee founded
in June 2001 by the Kern COG Board.
Agreement No. 04-012 with Kern Regional Traffic Count Program MOU to develop
and maintain inventory of traffic counters available for use by agencies to monitor
traffic flow in the region.
Agreement No. 04-013 with Kern Regional Transportation Model Distribution MOU
establishes a distribution policy for the Model.
Construction Management Services for White Lane at State Route 99 Overcrossing Widening
and Interchange Improvements:
Amendment No, 1 to Consultant Agreement No. 03-236 with Parsons Brinckerhoff
Construction Services, Inc. (increase compensation by $90,283.00, for a total contract
amount of $317,876.00) for construction management services.
Appropriate $90,000.00 Transportation Development Fund Balance to the Capital
Improvement Budget.
4. CONSENT CALENDAR continued
(Ward 2)
(Ward 5)
(Ward 4)
(Ward 2)
aa. Plan Check Services:
Amendment No. 3 to Agreement No. 03-044, Design Consultant Contract with Meyer
Civil Engineering, Inc. ($40,000.00, for a total not to exceed compensation of
$120,000.00) for improvement plan checking engineering services.
Appropriate $40,000.00 additional Plan Check revenue to the Public Works
Department's Operating Budget within the Development Services Fund.
bb. McMurtrey Aquatic Center Project:
Contract Change Order No. 1 to Agreement No. 03-243 with S. C. Anderson Inc.
($47,651.92, for a revised contract amount of $5,901,451.92) for the Aquatic Center
Project.
Appropriate $15,648.00 donation to the Capital Improvement Budget within the
Recreation Facility Fund.
Bids:
CC.
Accept bid to award annual contracts to National Water Works (10 items) and AMCO Water
Metering Systems, Inc. (2 items), not to exceed $285,000.00, for water meters.
dd.
Accept bid to award annual contract to Bowman Asphalt, Inc., not to exceed $450,000.00, for
HUD funded street materials (asphalt concrete).
ee.
Extend bid from South Coast Fire Equipment to purchase one (1) replacement 1500 GPM
Fire Pumper with 750 gallon tank ($401,976.29) for Fire Department, Station 11.
Accept bid from Quinn Company ($607,520.84) for three (3) replacement articulated four
wheel drive loaders, with buckets and grapple fork for Public Works.
Miscellaneous:
gg.
Appropriate $32,379.00 Proposition 12 (Watershed, Wildlife, and Parks Improvement Bond
Act of 2000) Grant Funds to the Recreation and Parks Department General Fund Operating
Budget for the Kern City Reforestation Project.
hh.
Appropriate $95,720.00 developer's contribution balance to the Development Services
Operating Budget in the General Fund, pursuant to agreements approved on March 25, 2004,
for the preparation of an Environmental Impact Report for General Plan AmendmentJZone
Change 03-1544 (Buena Vista Ranch).
ii.
Appropriate $97,000 Downtown Housing Fund balance and Transfer $25,000 from the
Operating Budget to the Capital Improvement budget for site remediation at 21st & "R" Street
(Parkview Cottage Project).
jj.
Reclassification of open Laborer position to a Service Maintenance Worker position - Streets
Division.
kk.
Approval of additional positions in the Public Works Department (2 Engineering Tech I and
2 Construction Inspectors) and Development Services Department (1 Residential Plan
Checker and 1 Building Permit Technician) to address increased development activity and
service demands to be funded through developer fees.
4
(Wa'rd 4)
(Ward 4)
,iWard 1)
CONSENT CALENDAR continued
II. Southwest Park Project:
Transfer $1,300,000.00 Park Development Fund Balance to reduce the General Fund
portion of the unfunded liability within the Self Insurance Fund.
Appropriate $1,458,000.00 Park Development Fund Balance to the Park Development
Capital Improvement Budget to complete Phase 1 (as amended) of the 32 acre park
project.
mm. Acceptance of 2002-03 Transportation Development Act Funds Financial Statements.
nn.
Grant of Easement to Pacific Bell for an easement between Lone Pine Way and a future
street to to install underground communication facilities (Tevis Park).
oo. Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant.
Staff recommends adoption of Consent Calendar items a through oo.
CONSENT CALENDAR HEARINGS
Public Hearing to consider Resolution ordering the vacation of Brite Street on the east side
of Oleander.
Staff recommends adoption of resolution.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding 1) E. Brooks, et al v City; 2) Bradford
Martin v BPD, et al; and, 3) Gotand and Roy v Wright, City, et al.
Closed Session pursuant to Government Code Section 54957.6 regarding Employee and
Labor Relations Directions.
Conference with Real Property Negotiators pursuant to Government Code 54956.8; Property:
5601-A Rosedale Highway; Agency Negotiators: Finance Director Gregory Klimko and Real
Property Manager Donald Anderson; Negotiating Parties: Charles Mangus for Mangus Trust;
Under Negotiation: Price and terms of payment for purchase.
RECONVENED MEETING - 7:00 p.m.
8.
9.
10.
ROLL CALL
INVOCATION by Pastor Stephen A. Frost, Christ the King Church.
PLEDGE OF ALLEGIANCE by Kyle Hood, 2°d Grade Student at Highland Elementary School.
CLOSED SESSION ACTION
11.
12.
13.
14.
15.
16.
17.
18.
pi
4/8/04 12:00pm
PRESENTATIONS
Presentation by Mayor Hall of Proclamation to LaNeice Kersten, Co-Chair of the Equ~l
Opportunity Committee of the Bakersfield Association of Realtors, proclaiming April, 2004,
as "Fair Housing Month".
Presentation by Liz Gomez, Government Relations Representative for PG&E, of Franchise
Fees Check to the City of Bakersfield.
PUBLIC STATEMENTS
CONSENT CALENDAR- for those Consent matters fisted but not heard at 5:15 pm port/on of meeting
HEARINGS - Council may hear Consent headng items listed but not heard at 5.'15 pm portion of meeting
REPORTS
a. Budget Update (Staff Presentation by City Manager Alan Tandy)
NEW BUSINESS
a. Resolution in support of improving regulations relative to group homes.
Staff recommends adoption of resolution and distribution to our State representatives.
b. Off Highway Motor Vehicle Recreation Project:
Resolution approving the application for and receipt of State Grant Funds for a new
off highway vehicle park.
Project Agreement with State of California to receive funds for preliminary work
necessary to site a new off highway vehicle park.
Grant Agreement with State of California to receive grant funds for a new off highway
vehicle park.
Appropriate $500,000.00 State Grant Funds to the Off Highway Vehicle Park Capital
improvement Budget.
Staff recommends adoption of resolution, approval of agreements and appropriation of State Grant
Funds.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
AGENDA HIGHLIGHTS
APRIL 14, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m,
APPOINTMENT
There will be one appointment to the Planning Commission for Ward 6.
CONSENT CALENDAR
Ordinances:
Item 5c. First Readinq of Ordinance Amendinq the Municipal Code relatinq to the Keep Bakersfield
Beautiful Committee. Currently, the Municipal Code provides for seven Council-appointed members.
This amendment will allow the Mayor to appoint a member, brit~ging the total to eight. The
Community Services Committee recommends approval.
Item 5d. First Readinq of Ordinance Amendinq the Municioal Code relatinq to the Notice and Hearinq
Requirements for Maintenance Districts. Many of the notice and hearing requirements contained in
the original ordinance are now outdated because of the implementation of Proposition 218 and
revisions to State law. This amendment eliminates the outdated requirements and other sections not
in compliance with Proposition 218, and will save approximately S13,000 annually.
Resolutions:
Item 5h. Resolution aoprovinq the Neqative Declaration for the Rosedale Hiqhway (State Route 58t
Wideninq Proiect. Pursuant to the CEQA, a Negative Declaration is necessary to proceed with plans
to widen Rosedale Highway from four to six lanes between Gibson Street and Highway 99. The
project includes reconstructing medians and modifying signals at the intersections of RosedaIe
Highway and Gibson Street. Rosedale Plaza, and Camino Del Rio Couh.
As previously shared with Council in the General Information memo, and as part of staff efforts to
streamline the agenda process, we are including the EIR document on CD-ROM to reduce the cost of
reproducing large documents. Instructions on how to access the information is included in your
packet with the disk. A copy of the EIR document is also available for review in the City Clerk's office.
Item 5i. Resolution Declarinq the Results of the Primary Municipal EIection for the Election of bta¥or
held on March 2. 2004. This resolution is required to accept the results of the Mayor's Primary
Municipal Election, as ce~ified by the Kern County Clerk.
Item 5j. Resolution Determininq that the LDV. Inc.. Mobile Command VehicIe Model MCC26LGS260-
2001, Stock ;¢8767R for Use in the Police Deoartment Cannot be Obtained Throuqh the Usual Biddinq
Procedures and Authorizinq the Finance Director to Dispense with Biddinq ThereforT in an amount not
to exceed S215.000. In October, 2003, Council approved appropriations of SLESF and LLEGB
Police Grant funding to pay in pa~ for the purchase of a mobile command vehicle. The model
mentioned should be obtained as a sole source :,tern because of its restricted availability. This model
contains most ol the features needed to satisfy long-term needs of the department. This particular
vehicle is slightly used, which will save the Cit'/a significant amount of money. If the purchase price
is paid within 10 days, an additional S3,998 ',,J[I be deducted, bringing the net cost to $210,394.75.
The batance of the grant monies approved will be utilized to purchase radios and additiona!
equipment needed for the vehicle.
Agenda Highlights
April 14, 2004
Page 2
Item 5k. Resolution Opposinq Senate Bill 1462 (Kuehl), Establishinq a Southern California Military
Greenway Commission for Kern, Kinqs. Los Anqeles, and Venture Counties. The Commission would
involve a 17-member regional authority: four County supervisors (one from each County), four city
council members (one city council member representing all cities within each of the four counties),
and nine members selected or appointed through State or federal mechanisms. This Commission
would, among other things, review proposed land uses within member counties that may affect
military flight paths, and require the counties to attempt to resolve, with the aid of the Commission,
any identified issues of proposed land use that are inconsistent with the purposes of the Commission.
The intent is to increase security for important military installations, military training routes and air
space, and the economic impacts these installations and facilities have upon local communities and
the State. Open and continuing dialogue on these issues is needed. Establishing this regional
authority not only limits that discussion but intrudes into local land use decisions, as well.
Aqreements:
Item 5r. Aqreement to Initiate Eminent Domain Action to Secure Construction of Improvements and
Guaranteeinq Payinq for Acquirinq Offsite Real Property Interest for an Area Near the Intersection of
Miramonte Drive and Casa Club Drive (Rio Grande Development, LLC). The developer approached
the City to use its eminent domain power to help in securing storm drains for a housing development
project already approved by the City. To initiate this process, the developer has executed an
agreement which guarantees they will pay all costs of acquisition through the eminent domain
process.
item 5s. Aqreement to Initiate Eminent Domain Action to Secure Construction of Improvements and
Guaranteeinq Payinq for Acquirinq Offsite Real Property Interest for Panama Lane at Hiqhway 99
(Panama Lane. LLC/. The developer approached the City to use its eminent domain power to help in
securing off site improvements to widen Panama Lane at Highway 99, a project already approved by
the City. To initiate this process, the developer has executed an agreement which guarantees they
witl pay all costs of acquisition through the eminent domain process.
Item 5t. Aqreement with Arrache, Clark & Potter to Provide Leqal Services for the Acquisition of
Offsite Real Property Interest for Panama Lane at Hiqhway 99 in an amount not to exceed S75.000.
This Iaw firm specializes in real property acquisitions. This item pertains to Item Ss., above. As
noted, the developer will pay all costs.
item 5u. Reimbursement Aqreement with Kern Delta Water District to Pay the City for a Share of the
Costs to Repair and Replace the Carrier Canal Culvert at 19:h and Oak Streets. The Carrier Canal, at
this location, is jointly owned between the City and Kern Delta Water District. The Kern Delta share of
the repairs, liability and construction costs (S613,650.03) is based on the portion of the culvert outside
of the City's 19~h Street right-of-way. The total cost to repair the collapsed portion of the canal was
S1,483,044.32. This agreement alIows Kern Delta the option to pay its share in one lump sum within
30 days of receipt of invoice, or make annual payments over four years with an annual interest rate of
4%.
Item 5w. Aqreement with the Bakersfield Redevelopment Aqency for use of Communit'/Development
Block Grant Funds and for Conveyance of Real Property Located at 713 Lake Street for the Old
Town-Kern Mixed-Use Proiect. A two-block mixed use redevelopment project is under development
on Baker Street between Lake and Kentucky Streets that will include 40,000 square feet of new retail
space and new affordable multi-family housing. To help with the public financial assistance required
for this project, the City and Agency entered into an agreement whereby the Agency wilt use a special
BED! grant of S250,000 and a $1 million Section 108 HUD Loan that was obtained by the City for land
assembly, relocation and demolition costs. The City also allocated CDBG Acquisition and Demolition
Agenda Highlights
April14,2004
Page 3
funds for the acquisition of a commercial facility located at 713 Lake Street and for relocation of the
current tenant. Since CDBG funds were used for the acquisition, the 713 Lake Street property is
currently under ownership of the City and needs to be transferred to the Agency for the project. Since
there is a tenant, the Agency is required to assume the lease and all its obligations. The Agency
approved the transfer of the property for $1.00 at their April 12, 2004 meeting. In addition, the
authority to expend the remaining earmarked CDBG funds of $210,000 should also be transferred to
the Agency for land acquisition, relocation of tenants, and demolition of acquired properties.
Item 5x. Amendment No. 1 to Aqreement No. 03-381 with Kern Delta Water District for Common Use
of Kern Island Canal Reqardinq the Mill Creek Proiect.. In December, 2003, Council approved an
agreement with Kern Delta Water District regarding the proposed Mill Creek project. In exchange for
use of over 1lA miles of canal property, the City will assume the costs of operations, maintenance,
and liability for the portion of the Kern Island Canal between Golden State and California Avenues.
The agreement maintains Kern Delta's rights, title, and interest in and to the canal and its existing
capability to transport water. Kern Delta also provided use to the City for this portion of the canal in
perpetuity, with the following exceptions: (1) the Mill Creek project~ !s abandoned, or (2) the City
breaches any of its obligations under the agreement, and then only if the City could not cure the
breach within 30 days.
The California Department of Parks and Recreation reviewed the application and requests additional
language to clarify how the agreement could be terminated. State funding is integral to the
development of Mill Creek. Should the application for grant funding be denied, the Mill Creek project
could not proceed as currently envisioned. Kern Delta Water District is scheduled to take action on
trois amendment at its board meeting on April 20, 2004. The State originally asked for this item to be
postmarked or delivered no later than the close of business on April 16, 2004. However, they say that
as long as progress is being made toward resolving this issue, the application will not be jeopardized.
Item 5z. Amendment No. 1 to Consultant Aqreement No. 03-236 with Parsons Brinckerhoff
Construction Services. Inc. for Construction Manaqement Services on the White Lane at State Rout~
99 Overcrossinq Wideninq and Interchanqe Improvement Proiect. In the original agreement, it wa~
the City's intention to support Parsons Brinckerhoff's Construction Manager with additional City
inspectors as necessary, and once all structural elements were complete, the City would supply ail
inspection. However, due to other ongoing construction, the Public Works Construction Division does
not currently have the staff to provide the necessary inspection services required for this project. To
ensure adequate inspection services, staff recommends increasing the compensation to the
consultant by $90,283, bringing the total contract amount to $317,876.
Item 5aa. Amendment No. 3 to Aqreement No. 03-044, Desiqn Consultant Contract with Meyer Civii
Enqineerinq, Inc., for Improvement Plan Checkinq Enqineerinq Services in the amount of $40.000 (fo~
total not to exceed compensation of $120000)... The Subdivision Section of the Public Work~
Department continues to receive an unprecedented number of submittals for ptancheck and currently
has a nine week backlog. The goai is to review plans within two weeks of submittal. In order to
maintain an acceptabie service level for the development community, staff recommends amending the
contract for bleyer Civil Engineering, Inc. to provide plan checking services during peak times.
Item 5bb. Contract Chanqe Order No. 1 to Aqreement No. 03-243 with S.C. Anderson Inc. for the
McMurtrey Aquatic Center Project in the amount of $47,651.92 (for a revised contract amount of
$5,901.451.92). The awarded contract amount was $5,853,800. Three of the contract change order
items are due to requests from the Bakersfield Swim Club. The Swim Club has agreed to fully fund
those costs, which total $15,647.70. A full list of the modifications is shown on the attachment to the
administrative report,. Staff recommends appropriating the S15,648 donation to the Capital
improvement Budget within the Recreation Facility Fund.
Agenda Highl~hts
April14,2004
Page 4
Bids:
item 5ee. Extend bid from South Coast Fire Equipment to Purchase One {1) Replacement 1500 GPM
Fire Pumper with 750-Gallon Tank for Fire Department, Station 11 in the amount of $4011976,29. In
March, 2002, Council approved the purchase of a fire pumper from South Coast Fire Equipment in the
amount of $388,843.46. A provision in the specifications allowed for purchase of additional pumpers
at the same price for a period of seven years. The State EPA and National Fire Protection
Association have mandated changes to the equipment. These changes, plus a CPI adjustment,
increase the cost of the pumper by $13,132.83, bringing the total to $401,976.29.
Item 5ff. Award Contract to Quinn Company for Three Replacement Articulated Four-Wheel Drive
Loaders with Buckets and Grapple Fork for the Public Works Department in the amount of
8607,520.84. This equipment will be used at the Solid Waste woodsite. Two acceptable bids were
received. The apparent Iow bidder did not meet the minimum requirement to provide ten users in
California. if service is not available in a timely manner, replacement equipment must be rented. The
rental costs often exceed the difference in cost between the apparent Iow bidder and Quinn Company.
Staff recommends award to Quinn Company.
Miscellaneous:
Item 4ii. Appropriate S97.000 Downtown Project Area, Housinq Fund Balance to the Economic and
Community Development Operatinq Budqet for Site Remediation at 21,t Street and R Street
(Parkview Cottaqe Proiect}. The Parkview Cottage Project is a development of affordable, single-
family residences. Recently, the developer uncovered a large concrete and rebar structure, and
several pit's containing (128 tons) of ash and slag that need to be removed. These items were not
discovered in the environmental analysis conducted and were unknown to both the Redevelopment
Agency (purchaser) and Superintendent of Schoots (seller). The City Attorney is investigating the
City's options of recovering the costs and will pursue recovery, if feasible.
This project was negotiated with a very tight development budget, with no ability to absorb the
extraordinary costs associated with this cleanup by the developer. In addition, the sales prices of the
homes cannot be increased to cover these costs due to the income qualifying affordability restrictions
that have been placed on the subdivision as a condition of the project. Therefore, the developer has
requested financial assistance from the Redevelopment Agency for these extraordinary costs. The
requested appropriation of $97,000 will increase the Housing Fund professional services account to
the full S122,000 for clean-up and removal of the concrete and rebar structure.
Item 5kk. Approval of Additional Positions in the Public Works Department (2 Enqineerinq Tech I
and 2 Construction Inspectors} and Development Services Department (1 Residential Plan Checker
and 1 Buildinq Permit Technician). The City has experienced unprecedented building and
construction activity. The demand for plan checking and inspections exceeds the capacity of
existing staffing levels, creating delays in service levels. Since it does not appear this workload
trend will change in the next several years, both departments request that the following positions be
added to meet workload demands:
Public Works: Two additional Engineering Technicians are needed to improve the plan
check turn around time. Staff recommends that the cost of these additional staff resources be
added to fees charged for improvement plan check, final map check, and grading plan check. Two
additional Construction Inspector positions are also needed. Staff is recommending increases to
the construction inspection fees to recover the cost of these positions.
Agenda Highlights
April 14, 2004
Page 5
Development Services: One additional Residential Plan Checker will provide a more
reasonable level of service. An additional Building Permit Technician is being requested to assist with
processing of permit applications, checking of small residential and commercial projects, and assisting
the public with the permitting process. The Building Department has collected sufficient revenues to
cover the cost of these t~vo positions and a fee increase is not required to fund them.
Staff will be meeting with representatives of the Building Industry Association to discuss the proposed
additional positions and the need to increase fees in some cases to cover the costs associated with
them. If Council approves this report, staff will schedule the required public hearing for the proposed
fee increases. While, by Code, the rate increases will follow the request to hire, the City
Council should only approve this action if the revenue generation to pay the costs is
eventually to be authorized.
Item 511. Southwest Park Proiect. The budget for FY 2002-03 included a $1.3 million transfer from the
General Fund to the Park Improvement Fund for construction of the 32-acre park. Increased
development activity has generated park development fees that have exceeded expectations. As a
result, there are sufficient funds to complete funding of Phase 1 of the 'project without the need for the
General Fund transfer. Staff proposes to use the $1.3 million to buy down the Workers'
Compensation liability instead, which would reduce the annual General Fund portion of the liability by
about $260,000 per year.
As the project has progressed, some of the items originally listed in Phases 2 and 3 have been moved
up to Phase I to provide better functionality of the initial park operations. In order to fully fund the
completion of Phase 1 in the current year that would include the amendments, staff is requesting
appropriation of $1,458,000 in Park Improvement Funds.
CLOSED SESSION
There are three closed session items: 1) Conference with legal counsel regarding existing litigation;
2) Employee and Labor Relations Directions; and 3) Conference with Real Property Negotiators
regarding 5601-A Rosedale Highway.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
REPORTS
Item 15a. Budqet Update.
budget.
City Manager, Alan Tandy, will give a brief report on the status of the
NEW BUSINESS
Item 16a. Resolution in Support of Improvinq Requlations Relative to Group Homes. This draft
resolution would encourage legislation to require: 1) improved notification of the licensing, location
and clientele; 2) stricter standards of counseling and supervision of clients; 3) enforcement of those
standards and prosecution for violating them; 4) frequent unscheduled inspections of facilities and
reviews of their programs; 5) separation of all group homes from each other by at least 1,320 feet; 6)
that the owner of the group home be the resident occupant/operator; and 7) that they not be
concentrated in a communib/, and if a community is impacted by a concentration of group homes, no
more should be allowed without City approval.
This matter is presented to the Council for consideration because of recent complaints about group
homes within the City, news stories statewide about problems with group homes, and a desire by at
least one Councilmember to discuss group home issues. Past efforts to have cities more involved in
Agenda Highlights
April14,2004
Page 6
regulation or siting of group homes have been defeated; but in hopes that the legislature will become
more conscious of some of the problems of group homes, staff offers the resolution for consideration.
Item 16b. Off Hiqhway Motor Vehicle Recreation Proiect. The first part of this item is a resolution
approving the application for and receipt of State grant funds. The agreements cover the preliminary
work necessary to site a new off highway vehicle park. One provides $98,000 to the City immediately
and the other is a grant for $402,000 with prospects for an additional $1.6 million. There are no
"matching dollar" requirements in either agreement. Because of land use conflicts, this park will not
be located within City limits. Upon initiation of the project, it should take approximately 18 months to
achieve approvals necessary to construct the park.
While the City is attempting to facilitate this improvement, a cautionary note is in order.
Environmental challenges to this project can cost time and a great deal of money - funding not
covered by the grants or the State. Should this occur, the State has agreed to mutual termination of
the grant documents. In that eventuality, the amount spent on the grants would not have to be
refunded.
Approved:
John W. Stinson
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Appointments
ITEM: ~,0~.
TO: Honorable Mayor and City Coun/~l APPROVED
McCarthy, City Cler~.~.~)[ ~ DEPARTMENT HEAD _(~'~
FROM:
Pamela
A.
DATE: April 1, 2004 CITY ATTORNEY ---'---
CITY MANAGER
SUBJECT:
One appointment to the Planning Commission due to the expiration of term of Jeffrey
Tkac, terms expire April 30, 2004. (Ward 6)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the expiration of term of Jeffrey Tkac. The
news release for this recruitment was posted on February 20, 2004.
An application for appointment has been received from the following:
· Jeffrey G. Tkac
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 6.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Councilmember.
April 2, 2004, 10:16AM
S:\Bds&Comm\PLANNING~ADMIN April 14 2004.dot
MEETING DATE: April 14, 2004
ADMINISTRATIVE REPORT
A~-AG DA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
April 2, 2004
-- APPROVED
DEPARTMENT HEAI~ ~)
CITY ATTORNEY... -'--
CITY MANAGER. ~'~
Approval of minutes of the March 24, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
ME~G DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~' b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 2, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORN YE~ Y~
SUBJECT:
C 'MA.AGER
Approval of depa~ment payments from March 12, 2004 to April 1, 2004 in the amount of
$8,660,963.50 and self insurance payments from March 12, 2004 to April 1, 2004 in the
amount of $319,374.95
RECOMMENDATION:
Staff recommends approval of payments totaling $8,980,338.45
BACKGROUND:
klg
April 2, 2004, 2:23PM
S:\KJrnG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~ .C
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 18, 2004
APPROVED
DEPARTMENT HEA% ~/~ .~_~
CITY A'I-FORNEYLx?~~
CITY MANAGER
SUBJECT: First reading of the adoption of an ordinance of the Council of the City of
Bakersfield amending Section 2.62 of the Bakersfield Municipal Code relating to the Keep
Bakersfield Beautiful Committee.
RECOMMENDATION:
Community Services Committee recommends first reading of the ordinance.
BACKGROUND:
The Keep Bakersfield Beautiful Committee CKBBC") was approved by The City Council as part of
a beautification program certified by the national Keep America Beautiful, Inc.
Under Chapter 2.62 of the Bakersfield Municipal Code, KBBC is comprised of seven Council-
appointed members who take on the responsibility of decision making for the beautification
program. At the request of the KBBC, it was suggested that the Mayor have one appointment to
KBBC. This ordinance will amend Chapter 2.62 by allowing the Mayor one nomination thus
adding one member to the committee.
The attached Ordinance revision was considered by the Community Services Committee and is
recommended for first reading.
S :\COUNClL~Admins~KBBCOrdAdm.doc
ADMINISTRATIVE REPORT
Mc,- I,NG DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 8, 2004
DEPARTMENT HEAD /~
CITY ATTORNEY
CITY MANAGER
An Ordinance Amending Chapter 13.04 of the Bakersfield Municipal Code relating to the
notice and hearing requirements for Maintenance Districts.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The vast majority of the Maintenance District Ordinance was passed a number of years ago, prior
to the passage of Proposition 218 in 1996. Many of the notice requirements contained in the ordinance
are now outdated (such as requiring mailed notices of assessments even when there are no increases)
because of the implementation of Proposition 218 and revisions to state law found in the Government
Code.
A number of years ago, the Park and Landscape Maintenance Districts were controversial. Under
City Council guidance, the City merged 30+ districts into a consolidated one, which stabilized the rates.
We also implemented an equity component, so that all parts of the City received the same General Fund
contribution. With those reforms, and with 8 years of not increasing the rates, public acceptance is nearly
universal. Last year we mailed 31,837 notices and received 16 protests. That calculates to about $849
per protest letter. It costs approximately $13,586 for staff time, mailing, and postage to send notices of no
increases in rates.
This ordinance eliminates the outdated notice and hearing requirements and also eliminates other
sections that are not in compliance with Proposition 218. Should there be a need to increase rates in the
future, the ordinance amendments follow state law (Proposition 218) which requires notice and a ballot
procedure.
RMS:dll
April 8, 2004 - I 1:45 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 15, 2004
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 25, 2004
~kl~'p~VED
DEPARTMENT HE~/~
CiTY
/
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map
102-36) of Title Seventeen the Bakersfield Municipal Code by Changing the zoning from an
R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46
acres, generally located on the west side of Jewetta Avenue, approximately 600 feet north
of Stockdale Highway. (Engineer: Mclntosh and Associates / Developer: Castle and Cooke)
(File #03-1246) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was held March 24, 2004.
*Backup material available in the City Clerk's Office.
The project site is located on the west side of Jewetta Avenue about 600 feet north of Stockdale
Highway. The proposed zone change is from an R-1 (One Family Dwelling) zone to a PUD
(Planned Unit Development) zone to develop a gated and private street neighborhood of single
fatuity residential homes for seniors. The PUD proposes to consist of 425 lots, a 3.24 private park
with community building, and other private landscape lots on 104.46 acres. The PUD and
associated Vesting Tract Map 6250 include lot and street designs differing from City standards. The
Planning Commission has conditionally approved related Vesting Tentative Tract Map 6250.
On January 15, 2004, the Planning Commission adopted Resolution No.06-04 recommending
conditional approval of PUD Zone Change # 03-1246. Commissioner Bison stated his no vote
was made because he was in favor of a continuance due to his questions about the air quality
study. The applicant spoke in favor of the project at the public hearing. At the public hearing, Katie
Kerr, representing the Del Rio Area Concerned Citizens supported the project if it was limited to
senior residents. Condition No. 20 requires the development to be restricted to senior residents.
Renee Nelson, of the group Clean Water and Air Matter, spoke in opposition to the project based
on air quality and density impacts. No appeal was filed.
ADMINISTRATIVE REPORT Page2
In accordance with the PUD zone, the applicant may request deviations from standards if the
project is of innovative design and diversification in the relationship of uses, buildings, lot sizes and
open space while ensuring substantial compliance with the General Plan and Municipal Code.
Proposed design incorporates many elements of "new urbanism" which includes detached
sidewalks, greenspace throughout the subdivision, internal parks and open space, heavy tree
landscaping and traffic calming features along streets. All internal streets, parks and landscaping
are private and will be privately maintained. Landscaping along Jewetta will be publicly maintained.
The developer requests street and lot designs that deviate from City standards. Because the
proposed development is to be a private and gated street neighborhood, and improvements are to
be maintained by a homeowners association, the proposed deviations from City standards were
acceptable. The applicant has requested a reduction of the front yard setback from 25 to 20-feet.
The front yard setback is to be measured from flowline. In addition, the developer proposes a 5-1/2-
foot parkway behind curb for street trees along the private streets with a 2-foot pedestrian
easement in the front yards of some lots to provide the width needed for a 5-foot walkway adjacent
the parkway. The project depicts several lot sizes. The majority of lots are in the range of 5,000 to
5,500 square feet, which is less than the 6,000 square foot minimum standard. Other lots range in
the 6,600 to 8,500 square feet in size.
The project site is located within the "South of Brimhall" project area (GPNZC # P01-1019) for
which the City Council adopted Resolution # 88-02. Resolution # 88-02 requires the developer
(Castle and Cooke) to provide an equestrian trail from Allen Road to the vicinity of the City's soccer
park, and $30,000 in fees for staging area improvements. This condition is shown as Condition No.
25 of Exhibit A.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment. A Negative Declaration was prepared and noticed in
accordance with CEQA.
JENG
Admin~apr~4-14-6250
ADMINISTRATIVE REPORT
I MEET1NG DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM: z~. 9.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 25, 2004
APPROVED
DEPARTMENT HEAD.~,~~
CITY ATI'ORNEY ,..~ ~/~
CITY MANAGER
Ordinance enacting Chapter 9.23 (Assessment of service fee for costs for loud or unruly
events)
RECOMMENDATION:
Legislative and Litigation Committee recommends adoption of this ordinance.
BACKGROUND:
Section 9.22 of the Bakersfield Municipal Code governs noise and amplified sound and provides for
assessment of a service fee if enforcement personnel respond more than one time in a thirty-day period
for violation(s) of this chapter. Due to complaints for loud and unruly parties, the Legislative and
Litigation Committee requested proposed legislation that would give the City some greater recourse
against the responsible parties. This proposed additional chapter defines loud or unruly events and
provides a means for recovering the costs incurred by the city for police and fire personnel participating
in a second response to a loud or unruly event, up to $1,000, from the person or persons responsible for
such event. The City Council conducted first reading of this ordinance on March 24, 2004.
S:\COUNClL~Admins\9.23Noise- Loud&U nrulyAdopt,doc
4/5/2004 11:21 AM
ADMINISTRATIVE REPORT
IMEETING DATE: March 24, 2004
AGENDA SECTION: Consent
ITEM: dr. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 25, 2004
~PR~VED
DEPARTMENT HE D/~/~ ..~.,
C,TYA OR.EY /
/
CITY MANAGER ~
Zone Chanqe 03-1133 - AdoPtion of ordinance for zone chanae aeDlication by Aera
Enerqy, L.L.C. (Ward 3}
An ordinance upholding the decision of the Planning Commission, Denying the appeal by
the Sierra Club, Adopting a Negative Declaration and Amending Section 17.06.020 (Zone
Map no. 104-07) of title seventeen of the Bakersfield Municipal Code by changing the
zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside
Development) to Rol-HD (One Family Dwelling- Hillside Development) on 160± acres
generally located north of Paladino Drive, west of the proposed Morning Drive alignment, in
the northwest quarter of Section 7, T29S, R29E (File #03-1133).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of this ordinance and an appeal hearing for the Sierra Club was conducted on March
24, 2004. The Conditions of Approval for this project have been updated to include conditions
regarding open space, recommended by the Council at the hearing held on March 24, 2004.
On February 5, 2004, the Planning Commission adopted Resolution No. 10-04 recommending
approval of a zone change from A (Agriculture) to R-1 (One Family Dwelling) and A-HD
(Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside Development) to
obtain consistency with the General Plan for future development of 160± acres of land. The land,
owned by Aera Energy, L.L.C., is generally located north of Paladino Drive, west of the proposed
Morning Drive alignment. The action of the Planning Commission was appealed by Gordon L.
Nipp, Ph.D, representing the Sierra Club.
Aera Energy has applied for this subject zone change to bring the zoning of the land into
consistency with the approved General Plan designation of the site. An Environmental Impact
Report (EIR) was certified on December 11, 2002 for the Metropolitan Bakersfield General Plan.
There are no significant impacts which are peculiar to this project or parcel which were not
ADMINISTRATIVE REPORT P80e2
considered in the General Plan EIR. There are no potentially significant off-site impacts or
cumulative impacts which were not discussed in the EIR prepared for the General Plan.
The Sierra Club filed an appeal objecting to the Planning Commission's approval of the zone
change and Negative Declaration, requesting an Environmental Impact Report (EIR) be prepared
(Background Attachment #1). The Sierra Club's letter of appeal states that cumulative impacts to
air quality, and traffic have not been adequately addressed. The Sierra Club is of the opinion that
the recent General Plan Update EIR contains little specific information on cumulative impacts. The
Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts.
During the Planning Commission's public hearing process, the Sierra Club presented a letter
addressing several issues including those which are contained in their appeal letter to the City
council. Staff provided responses to the Sierra Club's concerns, which were made part of the
record for consideration of the Planning Commission's recommended approval of the Negative
Declaration for this project. Staff's responses to the Sierra Club concerns and the letter containing
the Sierra Club's concerns are included as Background Attachment #2.
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Negative Declaration (Background Attachment #3) recommended for
approval for this project.
Conclusion.
Staff recommends adoption of the ordinance denying the appeal, upholding the decision of the
Planning Commission approving the zone change from A (Agriculture) to R-1 (One Family
Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside
Development), with conditions as shown.
LP
Admin\4-14-1133
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent
ITEM: L~, h,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 29, 2004
Adopt Negative Declaration for Rosedale Highway (State Route 58) Widening
(Ward 2)
~'~ROVED
DEP^. MENTHF^D
Project.
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Negative Declaration for the Rosedale
Highway (State Route 58) Widening Project.
BACKGROUND:
Pursuant to the California Environmental Quality Act (CEQA), adoption of the proposed Negative
Declaration is necessary for the City of Bakersfield to proceed with plans to widen Rosedale
Highway (State Route 58) from four (4) to six (6) lanes in the City of Bakersfield, between Gibson
Street and Highway 99. The project includes reconstructing medians and modifying signals at the
intersections of Rosedale Highway and Gibson Street, Rosedale Plaza, and Camino Del Rio Court.
Access to Highway 99 southbound and eastbound State Route 58 will remain the same.
Rosedale Highway is designated as an Arterial under the Circulation Element of the Metropolitan
Bakersfield General Plan. The project includes a landscape replacement plan for the landscaping
and trees that will be removed by the proposal. The project site is 2.15 acres in size. Only state
and local funds will be utilized for the project.
Project construction wiJl be staged in order to accommodate construction in the median and
widening to the north and south. Phase 1 will limit the construction to widening on the north and
south. Upon completion of the widening, Phase II will shift traffic to the newly constructed portion of
the roadway and limit construction to the median area. A Stage Construction/Traffic Handling Plan
will be included as part of the plan set.
Only the Negative Declaration for the project is being proposed for adoption. The project itself will
be submitted to the Council for consideration at a later date. Therefore, no public hearing is
required for the recommended action. The proposed Negative Declaration was sent to 29 agencies
for review and comment. The public review period began on March 8, 2004, and ended on April 6,
2004. Notice of the availability of the Negative Declaration and 30-day public review period was
pubfished in the newspaper and sent to every property owner within 500 feet of the project site. To
date, staff has not received any comments from agencies or property owners.
WC/admin/apr/4-14-rhwp
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~r. ~*.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Counc~J~
Pamela A, McCarthy, City Cle~_~)~
April 1, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Resolution declaring the results of the Pdmary Municipal Election for the election
of Mayor, held in the City of Bakersfield on March 2, 2004.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution is required to accept the results of the Mayor's Primary Municipal Election of March 2,
2004, as certified by the Kern County Clerk, declaring candidate Harvey L. Hall elected to the Office of
Mayor for a full four-year term, commencing January 2005 and expiring January, 2009.
Apdl 1, 2004, 5:34PM
S:\ELECTION~Admins\Decladng results 2004,dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
ITEM: ~..~.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
March 10, 2004
Police Mobile Command Vehicle
APPROVED
DEPARTMENTHEAD /'~/'~
CITY MANAGER ~
Resolution determining that the LDV, Inc., Mobile Command Vehicle Model MCC26LGS260-
2001, Stock #8767R for use in the Police Department cannot be obtained through the usual
bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not
to exceed $215,000.00.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
On October 22, 2003 the Council approved two Administrative Reports regarding the appropriation and
expenditure of Supplemental Law Enfomement Services Funding (SLESF) and Local Law Enforcement
Block Grant (LLEGB) funding in part for the purchase of a Police Mobile Command Vehicle (Agenda Items
9.b. and 9.c.).
The LDV Model MCC26LGS260-2001 is a used vehicle and should be obtained as a sole source item
because of restricted availability. Staff conducted significant research and viewed various models of
Command Vehicles at other Law Enforcement agencies, and the LDV is of the size, style, engine type,
chassis, and configuration that most specifically meets the Bakersfield Police Department's short and long
term needs. The Model MCC26LGS260-2001 Stock #8767R is a one of a kind item that is currently
available for sale on a first buyer basis. It is a vehicle that was originally purchased by a federal agency
and was recently traded in to LDV, Inc., in the purchase of a larger vehicle. The vehicle only has 7,500
miles, and the generator has approximately 375 hours of use. The purchase of this vehicle will include a
full one year LDV warranty as well as approximately 3 remaining years on a 5 year/50,000 mile extended
Cummings engine, Allison Transmission, and Rockwell axle warranty on the chassis. This vehicle is
equipped with a galley, and a liquid flush toilet. It also has a conference room with a closed circuit camera
and TV system as well as a mast mounted video camera and a DSS satellite dish. The vehicle also
comes equipped with a significant amount of Telephone and Tellular. equipment already installed, which
we would otherwise have to purchase as aftermarket equipment. This vehicle will be pre-wired for radio
installation which will allow us to provide our own radio equipment for a cost saving.
S:\COU NCIL~dmins\LDVInc. SoleSourceMobileComm Veh3-31-04. doc
3/31/2004 9:15 AM
ADMINISTRATIVE REPORT Page2
This vehicle is of a size, and equipped in a manner that would significantly exceed our budget; however,
because it is slightly used, we would save a significant amount of money, and be able to obtain an
outstanding value on a vehicle that will satisfy our needs for years to come. This vehicle sold new for
$251,829.00 in July 2002. If pumhased new currently it would cost approximately $265,000.00, which
when sales taxed would result in a cost in excess of $284,000.00. Due to the one of a kind status of this
vehicle, it cannot be obtained through the normal bidding process.
LDV, Inc., is also a vendor recognized by the State and Local Enforcement Equipment Procurement
Program (1122 Program) which allows state and local governments the opportunity to maximize their use
of tax dollars, by taking advantage of the purchasing power of the federal government to receive discounts
commensurate with large volume purchases. This vehicle qualifies for this program. This vehicle has
already been significantly discounted, and as a result would not be discounted further, but by using the
1122 program, we would qualify for a 2% refund for payment within 10 days or 1.5% for payment within 15
days. The 1122 program will accommodate a timely payment to provide us the opportunity to obtain the
refund.
The price for LDV, Inc., Model #MCC26LGS260-2001 Stock #8767R is:
$199,000.00
Tax $ 14.492.75
Total $214,392.75
With timely payment within 10 days, we will receive a refund of $3,998.00 which reduces the net cost of
the vehicle to $210,394.75.
The balance of the monies approved for this project ($36,235.25) will be utilized to pumhase radios and
additional equipment for this vehicle.
The purchase price of this vehicle and the additional monies for equipment that we will install will utilize
the appropriated amount from both grants of $246.630.00.
C:\Dccuments and Settings~,stokes\Local Settlngs\Temp~LDVtnc. SoleSourceMobileComrnVeh3.31.04.doc
3/31/20043:24 PM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
April 2, 2004 CITY ATTORNEY /~
?
CITY MANAGER
Resolution in Opposition to Senate Bill 1462 (Kuehl) Establishing A Southerr California
Military Greenway Commission for Kern, Kings, Los Angeles, and Ventura Counl es
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Senate Bill 1462 proposes to establish a "Southern California Military Greenway
Commission for Kern, Kings, Los Angeles, and Ventura counties which would, among others, review
proposed land uses within member counties that may affect military flight paths and requires the counties
to attempt to resolve, with the aid of the commission, any identified issues of proposed land use that are
inconsistent with the purposes of the commission "to promote, facilitate, and administer the acquisition of
voluntary private and public conservation easements or other voluntary transfers of fee or lesser interests
in real property." The bill states the Legislature finds that the creation of this Commission to plan and
provide oversight of certain land use decisions is necessary while maintaining, to the maximum extent
feasible, county control over land use decisions in each county. It is intended to increase security for
important military installations and military training routes and air space over land use decisions made at
the local levels which might result in direct threats to the long-term viability of military installations in the
counties and the positive economic impacts these installations and facilities have upon local communities
and the state.
The bill increases the duties of local planning officials, creating a state-mandated local program, while at
the same time intruding into land use decision making at the local level. Through a 17-member regional
authority which includes four county supervisors (one from each county), four city council members
(selected by city selection committees--i.e., one city council member representing all cities within each of
the four counties), with the remaining members selected or appointed through state or federal
mechanisms.
A strong military presence is very important to California, its communities, and the nation as a whole and
the economic benefits of a strong military presence are well known and encouraged. Open and continuing
dialogue on urban growth and development and the protection and enhancement of military installations
and training routes and air space is needed. Establishing this regional authority not only limits that
discussion but intrudes into local land use decisions as well.
April 5, 2004, 9:22AM
S:~Admin Rpts~004\SB1462 041404.dot
TS:al
ADMINISTRATIVE REPORT
IMEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: q' I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 1, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358
of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code.(Wards 4, 5, & 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: This resolution establishes speed zones which can be enforced by radar on roadways
within the City. The following roadway segments are proposed to have a speed zone change or had been
previously established by the County:
Speed Existing Proposed
Zone
Council Ward #4
Jewetta Avenue, Stockdale Highway to Brimhall Road
River Run Blvd, Buena Vista Road to Ming Avenue
Council Ward #5
Buena Vista Road, White Lane to Pacheco Road
Council Ward #7
Hosking Avenue, South "H" Street to City Limits
South "H" Street, Panama Lane to Hosking Avenue
55mph 45mph
55mph 45mph
55mph 55mph
55mph 50mph
55mph 50mph
ADMINISTRATIVE REPORT Page2
Meeting Date: April 14, 2004
Agenda Section: Consent Calendar
Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits
within which all drivers should obey whether or not signs are erected indicating those
speed limits. The three different speed limits are as follows:
1.15 m.p.h.
a. At"blind" railroad crossings. (CVC Section 22352.a. 1)
b. At "blind" intersections. (CVC Section 22352.a.2)
c. On any alley. (CVC Section 22352.a.3)
2.25 m.p.h.
a. lna "residence" district. (CVC Section 22352.b.1)
b. In a"business" district. (CVC Section 22352.b.1)
c. Ina school zone. (CVC Section 22352.b.2)
3.55 m.p.h.
Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802)
4.65 m.p.h.
Any street which does not fall into the categories listed in numbers 1, 2
and 3 above. (CVC Sections 22349.a. and 40802)
The California State Legislature revised the California Vehicle Code (CVC) effective
January l, 1997 to set the maximum speed limit at 65 mph.
The CVC allows the 25 m.p.h, speed limit to be raised (Section 22357) or the 65 m.p.h.
speed limit to be lowered (Section 22358) to facilitate the smooth orderly flow of traffic.
This increase or reduction is done by an "Engineering and Traffic Survey". The survey
must be done in accordance with State mandated procedures and must be renewed every
five (5) years.
The speed limit which is proposed in the subject resolution has been established as a
result of an "Engineering and Traffic Survey".
ADMINISTRATIVE REPORT
IMEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 24, 2004
DEPARTMENT HEAD /,/~/A~PROVED
CITY ATTORNEY ~'~
CITY MANAGER ~
Resolution adding territory, Area 1-45 (Jewetta, Brimhall NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Repod and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption ofthe Resolution.
BACKGROUND: On March 10, 2004 the Council adopted Resolution of Intention No. 1328 to add
territory, Area 1-45 (Jewetta, Brimhall 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 Tract No. 6220. Area 1-45 is generally bounded by a line
1000' north of Brimhall Road on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 660'
north of Brimhall Road on the south and Jewetta Avenue on the west. This area will be under the
streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has
been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
Dc
March 24. 2004, 10:44AM
S:\PROJECTS\MAINDIST~ADMINRPT~MD1~.5_Est-Apr14-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
I ITEM: ~. n,
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 24, 2004
APPBOVED
DEPARTMENT HEAD ~/~(.._~
CITY ATTORNEY ~
CITY MANAGER f/~_./~-'~
Resolution of Intention No. 1327 to add territory, Area 4-29 (Baker Street II) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving Public
Works Director's Report and setting time and place for hearing protests to the proposed
addition of territory. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The City is proposing to install street landscaping in Baker Street between Sumner
Street and Truxtun Avenue. To provide for the maintenance of the street landscaping this resolution
proposes to add territory (Area 4-29, Baker Street II) to the Consolidated Maintenance District. Area 4-29
is generally bounded by Sumner Street on the nodh, King Street on the east, Truxtun Avenue on the south
and Kern Street on the west. This area will be under the streetscape zone of benefit and when street
landscaping has been installed, assessed an amount for street tier 2.
The Resolution sets the date of June 23, 2004 for the protest hearing.
Dc
S:\PROJ ECTS\MAIN DIST~DMINRPT~MD4-29Ri04.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
IITEM: ~ 0
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 25, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER (~,( ~--~
Resolution of Intention No. 1331 to add territory, Area 1-46 (Jewetta, Noriega NW-II) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No.
6146 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
median and street landscaping. Area 1-46 is generally bounded by a line 207' north of Noriega Road
on the north, Jewetta Avenue on the east, Noriega Road on the south and a line 209.99' west of
Jewetta Avenue on the west. This area will be under the streetscape zone of benefit and will be
assigned an appropriate tier level when landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owners 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 baltot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
March 25, 2004, 8:14AM
S:\PROJECTS\MAINDIST~ADMINRPT\MD l~6roi04.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~, 'p.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 29, 2004
Tract Maps and Improvement Agreements
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _-7,~--~'~'"-
Final Map and Improvement Agreements with Vista Finestra I for Tract 6012 Phase 2
located North of Stockdale Highway and west of Renfro Road. (Ward 4)
Final Map and Improvement Agreements with Granite Pointe, LLC for Tract 6095 Phases 1
and 2 located south of Berkshire Road and east of Wible Road. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the map and agreement.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
March 31, 2004, 1:30PM
G:\GROUPDAT~ADMINRPT~2004\04.14\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
ITEM:
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 2, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
MANAGER
Licence Agreement with the property owners in Tentative Tract No. 6190 for an irrigation
line to be located along the south right of way line of and across McCutchen Road, westerly
of Stine Road. 0Nard 6)
RECOMMENDATION: Staff recommends approval of Licence Agreement.
BACKGROUND: The property owners of Tentative Tract No. 6190 located at the southwest corner of
McCutchen and Stine Roads requested that an irrigation line be retained along the south side of
McCutchen Road. The irrigation line will take water from a turn-out at the Farmers Canal to an open ditch
about half a mile west of Stine Road.
The adopted Conditions of Approval for subject Tentative Tract No. 6190 state that the proposed pipeline
shall be installed outside of proposed McCutchen Road right of way. Public Works has approved an
irrigation pipeline plan for the tract whereby the pipeline is located within a Landscape Easement required
along the south side of McCutchen Road.
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
TEM: ~-,I~-,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~ )
DATE: April 5, 2004 CITY A'n'ORNE~Y ~.z~,~ ~--~-
CITY MANAGER ~
SUBJECT:
Agreement to initiate eminent domain action to secure construction of improvements and
guaranteeing payment for acquiring offsite real property interest for Vesting Tentative Tract
Map No. 6160 (Rio Grande Development, LLC) (VVard #3)
RECOMMENDATION:
Staff recommends approval of the contract.
BACKGROUND:
Developer (Rio Grande Development, LLC) has approached the City to use its eminent domain power to
help in securing offsite improvements (storm drains) for a project already approved by City, a housing
development near the intersection of Miramonte Drive and Casa Club Drive. The property is owned by
Stockdale Oil & Gas Co. To initiate this process Developer has executed an agreement which guarantees
Developer will pay all costs of acquisition through the eminent domain process, pursuant to Government
Code Section 66462.5 et seq. The Developer must acquire the property to comply with City's state-
mandated project requirements.
S:\COU N CIL~.A. dmins\RioGrandeDevelopmentAgr.doc
4/5/2004 4:33 PM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~[. £,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 5, 2004
APPROVED
DEPARTMENTHEAD
C, M^.^GER
Agreement to initiate eminent domain action to secure construction of improvements and
guaranteeing payment for acquiring offsite real property interest for Vesting Tentative
Parcel Map No. 10927 (Panama Lane, LLC) 0Nard #7)
RECOMMENDATION:
Staff recommends approval of the contract.
BACKGROUND:
Developer (Panama Lane, LLC) has approached the City to use its eminent domain power to help in
securing offsite improvements to widen Panama Lane at Highway 99, a project already approved by City.
The property is owned by Daljinder Singh Chauhan. To initiate this process Developer has executed an
agreement which guarantees Developer will pay all costs of acquisition through the eminent domain
process, pursuant to Government Code Section 66462.5 et seq. The Developer must acquire the property
to comply with City's state-mandated project requirements.
S:\COU N CIL~Admins\PanamaLaneLLCAgr,doc
415/2004 4:34 PM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ,,'~"~-
DATE: April 6, 2004 CITY ATTORNEY_ /'~'-~"~
CITY MANAGER ~
SUBJECT:
Agreement to provide legal services in the acquisition of offsite real property interest for
Vesting Tentative Parcel Map No. 10927 (Panama Lane, LLC). (VVard 7)
Agreement between Arrache, Clark & Potter and City of Bakersfield to provide legal
services in an amount not to exceed $75,000 and appropriate $75,000 developer's
contribution to the Public Works Capital Improvement Budget in the gas tax fund.
RECOMMENDATION:
Staff recommends approval of the Agreement and appropriation.
BACKGROUND:
Developer (Panama Lane, LLC) has approached the City to use its eminent domain power to help in
securing offsite improvements to widen Panama Lane at Highway 99, a project already approved by the
City. The property is owned by Daljinder Singh Chauhan. The developer has deposited $20,000 as an
advance on the payment of all costs associated with this condemnation. In the event the condemnation
expenses exceed the deposited amount, the developer will contribute the additional funds.
The law firm of Arrache, Clark & Potter specializes in real property acquisitions and, given current staff
levels, utilizing the services of this law firm is in the best interests of the City and at no cost to the City.
Staff recommends approval of the Agreement.
April 6, 2004, 11:02AM
S:\COU NCIL~Admins~AttyRetainerAgr. ArracheClarkPotter. VTPM 10927.dot
ADMINISTRATIVE REPORT
MEETING DATE April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
March 31, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY%__,/~
CITY MANAGER ~
Reimbursement Agreement with Kern Delta Water Distdct to pay City for a share of the
costs to repair and replace the Carrier Canal culvert at 19~h and Oak St. (Ward No. 5)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
The metal pipe culvert that was used to convey irrigation water in the Carrier Canal near Oak and 19th
Streets, extending approximately 450 feet west of Oak St, collapsed on October 30, 2003. The City
immediately initiated repairs and replacement of the culvert. City Council authorized the emergency work
under Resolution No. 199-03. The replacement culvert, a castqn-place reinfomed concrete box, was
determined to be the suitable and proper structure to install.
The Carder Canal, at this location, is jointly owned between the City and Kern Delta Water District. The
Kern Delta share of the repairs, liability and construction costs are based on the portion of the culvert
outside of the City's 19th Street right-of-way. The total construction and liability cost to be divided between
the City and Kern Delta is $1,483,044.32. After the exclusion of the segment within the 19th Street right-of-
way, it was determined that Kern Delta's appropriate share of the cost is $613,650.03.
This agreement allows Kern Delta the options to pay its share of the costs in one lump sum within 30 days
of dated invoice from City or to make annual payments over a four year period with an annual interest rate
of 4%.
This reimbursement agreement was approved by the Kern Delta Water District Board of Directors at their
March 16, 2004 board meeting.
March 26, 2004, 12:42PM
S:\2004 ADMIN REPORTS\CarrierCanalReimbursementAP14WT01CC.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ,,'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
March 31, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
Consent To Common Use Agreement Tract No. 6097 & Tract No. 6143 with the County of
Kern for public street purposes within the City's Easement. (Unincorporated Area)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
The City of Bakersfield is the owner in possession of a canal right of way and easement within proposed
Tract 6097 and Tract 6143 (County) for the Beardsley No. 4 underground irrigation pipeline. The County of
Kern has acquired or proposes to acquire an interest in these lands for public street purposes, including
construction and maintenance of roads, avenues, drives, streets, alleys and drainage facilities, over, along
and upon the City's easement without subordinating City's rights in the area of common use. The
developers converted the open ditch to pipeline under a previous agreement with the City. In order to
complete the street improvements for the tracts, this Common Use Agreement must be in place.
Apdl 1, 2004, 2:21PM
S:\2004 ADMIN REPORTS~APR14CommonUseAgree.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
ITEM:
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD /'~
DATE: April 1, 2004 CITY ATTORNEY .
CITY MANAGER
SUBJECT:
Agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency for
use of Community Development Block Grant funds and for conveyance of Real Property
located at 713 Lake Street for the Old Town-Kern Mixed-Use Project. (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
A two block mixed use redevelopment project is under development on Baker Street between
Lake and Kentucky Streets that will include 40,000 square feet of new retail space and the
construction of new affordable multi-family housing. In the past year, staff notified the effected
property owners about the planned project and successfully negotiated the acquisition of several
parcels using Old Town Kern Redevelopment Project Area Tax Increment funds. To help with the
public financial assistance required for this project, the City and Agency previously entered into
an agreement whereby the Agency will also use a special BEDI grant of $250,000 and a $1
million dollar Section 108 HUD Loan that was obtained by the City. These funds are earmarked
for land assembly, relocation and demolition costs.
Last year, the City allocated CDBG Acquisition and Demolition funds for this project to assist with
property acquisition, relocation and demolition costs. These CDBG funds have been used for the
acquisition of a commercial facility located at 713 Lake Street and are also planned for relocation
of the current tenant. Since CDBG funds were used for the acquisition the 713 Lake Street
property is currently under ownership of the City and needs to be transferred to the Agency for
the project. There is currently a tenant located in this property which will require that the Agency
assume the lease and all its obligations. The Agency approved the transfer of the property for
$1.00 at their April 12, 2004 meeting.
In addition, the authority to expend the remaining earmarked CDBG funds of $210,000 should
also be transferred to the Agency for land acquisition, relocation of tenants, and demolition of
acquired properties.
S '.Attains\City Council~,CDBO use of funds.doc
4~1~2004 8:15 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 I AGENDA SECTION: Consent Calendar
I
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kun7, Economic Development Director DEPARTMENT HEAD
DATE: April 6, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Amendment No. I to Agreement 03-381, Agreement for Common Use of Kern Island Canal
with Kern Delta Water District regarding the Mill Creek Project. 0Nard 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On December 10, 2003 Council approved Agreement 03-081 with Kern Delta Water District regarding the
proposed Mill Creek project. In exchange for use of over 1¼ miles of Kern Delta's Kern Island canal
property, the City will assume the costs of operations, maintenance, and liability for the portion of the Kern
Island Canal between Golden State and California avenues. The agreement was part of an application for
grant funding to the California Department of Parks and Recreation.
In this agreement, the City agreed that it will design, construct, operate, maintain, and repair this section of
the canal in a manner that will not interfere with the use of the canal by Kern Delta. While the City 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 canal and its existing capability to
transport water. Kern Delta also provided use to the City for this portion of the canal in perpetuity, with the
following exceptions: (1) the Mill Creek project is abandoned, or (2) the City breaches any of its obligations
under the agreement, and then only if the City could not cure the breach within 30 days.
The California Department of Parks and Recreation has reviewed our application and requested additional
language to clarify how the agreement could be terminated. State funding is integral to the development
of Mill Creek. Should our application for grant funding be denied, the Mill Creek project could not proceed
as currently envisioned.
Paragraph 17 of the existing agreement states, in part,
"Unless otherwise terminated or rendered void by the terms of this agreement, the term of this
Agreement shall commence on the date first set forth above and shall terminate upon either party
giving notice to the other of abandonment of its utilization of said Kern Island Canal for the purposes
herein contemplated..."
S:~Admins\City Council~em delta water amend 1 mill creek.doc
416/2004 8:10 AM
ADMINISTRATIVE REPORT Page 2
The State has requested language that allows revocation by 'mutual consent' rather than the existing
"upon either party."
Therefore, Paragraph 17 is proposed to be amended as follows:
"Unless otherwise terminated or rendered void by the terms of this agreement, the term of this
Agreement shall commence on the date first set forth above and shall terminate upon mutual consent
of the parties or the notice of abandonment by City of the Mill Creek project..." (bold indicates
new language).
Kern Delta Water District is scheduled to take action on this amendment at its board meeting on April 20,
2004. The State originally asked for this item to be postmarked or delivered no later than the close of
business on April 16, 2004. However, we have been told by the State that as long as progress is being
made toward resolving this issue, our application will not be jeopardized.
S:~Admins\City Council~Kem delta water amend 1 mill creek.doc
4/6/20048:10 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION Consent Calendar
J ITEM: ~.y.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEADo~
DATE: March 31, 2004 CITY ATTORNEY/`''
CITY MANAGER
SUBJECT:
Amendment No.1 to Memorandums of Understanding between the City, County of Kern
("County"), Kern Council of Governments ("Kern COG"), and the State of California,
Department of Transportation ("Caltrans") for the Regional Transportation Model.
Agreement No. 04-011 Kern Regional Hodeling Coordination HOU reaffirms the
existence and roles of the Kern Regional Transportation Hodeling Committee
("RHC") founded in _June 2001 by the Kern COG Board.
Agreement No, 04-012 Kern Regional Traffic Count Program MOU to develop and
maintain inventory of traffic counters available for use by agencies to monitor traffic
flow in the region.
Agreement No. 04-013 Kern Regional Transportation Model Distribution HOU
establishes a distribution policy for the Model.
RECOMMENDATION:
Understandings.
Staff recommends approval of the Amendments to the Memorandums of
BACKGROUND: The Kern Council of Govemments (Kern COG) maintains a Regional Transportation
Model for air quality modeling and transportation planning. Three Memorandums of Understanding
(MOUs) have been developed to coordinate the use, assumptions and inputs to the model and were
approved by the City Council on January 14, 2004.
Amendment 1 for each of the MOUs
Some minor changes to the 3 MOUs were requested by Caltrans and Kern COG after the Kern County
Board of Supervisors signed the 3 MOUs. Caltrans requested that the City of Bakersfield and Caltrans be
added to the clause governing future amendments in each of the 3 MOUs.
Kern COG staff is requesting a minor change to the Traffic Count Program MOU to add flexibility in
funding sources to be considered for the Kern Regional Traffic Count Program MOU. The reference to the
Regional Transportation Improvement Program (RTIP) would be changed to the Federal Transportation
Improvement Program (FTIP) if the amendment is approved. The FTIP is broader and includes RTIP
funding and allows for consideration of federal funding alternatives as well. The final decisions on funding
ultimately rest with the Kern COG Board during its consideration of the TIP.
April 5, 2004, 10:39AM
G :\G ROUPDAT%ADMINR PT~2.004\04-14\MOU_Regional Transp Model_Amend 1_ad min.doc
ADMINISTRATIVE REPORT
~G DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: 4.-~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 11, 2004
DEPARTMENT HEAD_ ,~'/~ CITY A'Ir ORNE Y~
CITY MANAGER ~
Construction Management Services for White Lane at State Route 99 Overcrossing
Widening and Interchange Improvements (Ward 7):
1. Amendment No. 1 to Consultant Agreement No. 03-236 with Parsons Brinckerhoff
Construction Services Inc. to increase compensation to the Consultant by $90,283
(for a total contract amount of $317,876) for Construction Management Services.
2. Appropriate $90,000 Transportation Development Fund Balance to the Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: The City of Bakersfield and Parsons Brinckerhoff Construction Services Inc. entered
into an agreement on July 30, 2003 for construction management services
Route 99 Overcrossing Widening and Interchange Improvement project, for the White Lane at State
Due to the complexity and
duration of the project, a full time construction manager and up to three inspectors are required to inspect
daily construction activities.
In the original agreement, it was the City's intention to support Parsons Brinckerhoff's Construction
Manager with additional City inspectors as necessary and once all structural elements were complete, the
City would supply all inspection. However, due to, other ongoing construction, the Public Works
Construction Division does not currently have the staff to provide the necessary inspection services
required for this project.
April 1, 2004,,2:06PM
G:\GROUPDAT'ADMINRPT 2004' 04-14~Amendemt no 1 to 03-236 doc
MEETING DATE: April 14, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 10, 2004
Plan Check Services:
DEPARTMENT HEAD ~
CITY ATTORNEY /~-~-~
ClTY MANAGER ~
1. Amendment No. 3 to Agreement No. 03-044, Design Consultant Contract with Meyer
Civil Engineering, Inc., $40,000 (for total not to exceed compensation of $120,000) for
improvement plan checking engineering services.
2. Appropriate $40,000 additional Plan Check revenue to the Public Works Department's
Operating Budget within the Development Services Fund.
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department continues to receive an
unprecedented number of submittals for plancheck and currently has a 9 week backlog for improvement
plan check. The goal is to review plans within 2 weeks of submittal. In order to maintain an acceptable
service level for the development community, staff recommends amending the contract for Meyer Civil
Engineering, Inc. to provide plan checking services during peak times.
mps
G:\GROUPDA'I'~ADMINR~4',04.14~ieye~ CE Inc Contract Amendment 3 Admin.doc
3/22/2004
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 18, 2004
PROVED
DEPARTMENT HEAD ~ ~
A rOR.EV
CITY MANAGER ~
SUBJECT: McMurtrey Aquatic Center Project 0Nard 2):
Contract Change Order No. 1 to Agreement No. 03-243 with S.C. Anderson Inc. for
$47,651.92 (for a revised contract amount of $5,901,451.92) for the Aquatic Center
Project.
Appropriate $15,648 donation to the capital improvement budget within the
Recreation Facility Fund.
RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation.
BACKGROUND: Construction of the McMurtrey Aquatic Center was awarded to SC Anderson, Inc., at
the July 30, 2003 Council meeting. The awarded contract amount was $5,853,800. This is the first
contract change order to be submitted for the project. The net increase totals $47,651.92, as summarized
on the attached contract change order. This is less than 1% of the original contract amount.
Three of the contract change orders are due to requests from the Bakersfield Swim Club. The Swim Club
has agreed to fully fund the costs, totally $15,647.70, associated with these three items.
The cumulative change orders to date on this project reflect a net increase of $47,651.92 as illustrated
below:
· Original Contract Amount = $5,853,800.00
· Amended Contract Amt after Change Orders = $5,901,451.92
· Net Increase = $ 47,651.92
Rick_M @ Construction
3~23/2004 3:53:38 PM
G:\GROUPDAT~ADMINRP*~OO4\04-14~v~Murtrey Aquatic CCO 1 - revised doc
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 1, 2004
APPROVED
DEPARTMENT HEAD
CI MA. AGE.
SUBJECT:
Accept bid to award annual contracts to National Water Works (10 items) and AMCO Water
Metering Systems, Incorporated (2 items), not to exceed $285,000.00, for water meters.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: These annual contracts provide for the purchase of water meters for commercial and
residential use in the City. Invitations to bid were sent to twelve (12) vendors. Two (2) bids meeting
specifications were received. The Water Resources Department estimates the quantities and types of
meters that may be required for the upcoming year. Actual quantities are not known until the need arises.
Unit prices were compared to determine the Iow bidder, and the City can best be served by awarding two
(2) contracts, with ten (10) items awarded to National Water Works, and two (2) items awarded to AMCO
Water Metering Systems, Incorporated.
Purchasing Division
DW:ljm
P:~ADMIN~004 ADMIN\C04_0414_A_Water Meters.doc
April 1, 2004, 9:09AM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM: q,dd.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD
DATE: April 1,2004 CITY ATTORN ~'/~'~
c,TY MA.AGER
SUBJECT:
Accept bid to award annual contract to Bowman Asphalt, Incorporated, not to exceed
$450,000.00, for HUD funded street materials (asphalt concrete).
RECOMMENDATION: Staff recommends approval.
BACKGROUND: This annual contract is used for purchasing asphalt concrete to repair streets in areas of
the City receiving HUD funding. Bid packages were provided to eight (8) vendors. Two (2) bids were
received. The unit prices of the two (2) bidders were compared to determine the Iow bidder, Bowman
Asphalt, Incorporated.
Purchasing Division
DW:ljm
P:~,ADMIN~2004 ADMIN\C04_0414_B_Street Materials,doc
April 1,2004, 9:lOAM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~ ,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 1, 2004
APPROVED
DEPARTMENT HEAD~
CITY ATTORNE~
CITY MANAGER
Extend bid from South Coast Fire Equipment to purchase one (1) replacement 1500 GPM
Fire Pumper with 750 gallon tank for Fire Department, Station 11, for $401,976.29.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: At the meeting of March 6, 2002, the City Council approved the purchase of a fire
pumper from South Coast Fire Equipment, the only bidder meeting specifications, for $388,843.46. The
bid specifications included a provision, Section 26, to supply additional fire pumpers and trucks at the price
bid for a period of seven (7) years with price adjustments subject to modifications to the specifications.
This equipment will replace a 1988 Pierce pumper that has 150,000 miles. New State Environmental
Protection Agency and National Fire Protection Association requirements bring changes to the equipment.
The mandatory changes, along with the Consumer Price Index adjustment determined by Finance,
increase the price of the fire pumper by $13,132.83.
Purchasing Division
DW:Ijm
MEETING DATE: April 14, 2004
ADMINISTRATIVE REPORT
AG['~-~ENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 6, 2004
APPROVED
DEPARTMENT HEAD _ .~~
CITY MANAGER. ~
Accept bid from Quinn Company, $607,520.84, for three (3) replacement Articulated four
wheel drive Loaders, with buckets and grapple fork for Public Works.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: This equipment will be used at the Solid Waste Wood site. Invitations to bid were sent
to nineteen (19) vendors. Three (3) bids were received, however, only two (2) met the minimum
specifications. The apparent Iow bidder did not meet the minimum requirement to provide ten (10) users
in California. Additionally, JCB brand dealer service has been sporadic in Kern County, with no
dealership in three of the past eight years. This equipment is used at the Woodwaste site and presents a
problem when it needs repair. If service is not available in a timely manner, replacement equipment must
be rented. The rental costs often exceed the difference in cost between the apparent Iow bidder and
Quinn Company.
The two bids that meet specifications are as follows:
Quinn Company
2200 Pegasus Drive
Bakersfield CA 93309
Coastline Equipment
4252 Saco Road
Bakersfield CA 93308
(County)
(County)
in the amount of
in the amount of
$6O7,520.84
$643,454.96
Purchasing Division
DW:ljm
S:~PURCH~ADMIN~C04_0414_D_Articulated Four Wheel Drive Loader.doc
April 6, 2004. 3:59PM
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.~c}.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Director of Recreation and Parks
March 24, 2004
AP., D
DEPARTMENT HEAD , ' ./~_ j
CITY ATTORNEY
CITY MANAGER ~
Appropriate $32,379 Proposition 12 (Watershed, Wildlife, and Parks Improvement Bond Act of
2000) Grant funds to the Recreation and Parks Department General Fund Operating Budget for
the Kern City Reforestation Project (Ward 5).
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On April 24, 2002, Council approved the resolution authorizing staff to apply for Proposition 12 - Watershed,
Wildlife, and Parks Improvement Bond Act of 2000 Grant funds. City staff has received an executed
agreement with the State of California, Department of Forestry and Fire Protection for the project.
In June of 2001, a continuing dialog was opened with the home and condominium owners of the Kern City
housing development to discuss the replacement of the many Date palms pruned annually by the city of
Bakersfield. The residents of Kern City were introduced to the underlying concepts of urban forestry and the
reoccurring financial cost to the city to maintain the palms.
Through a collaboration effort, it was determined that the planting of shade trees would enhance property
values and aesthetic quality of the development, increase the biological productivity and cooling benefits, and
provide monetary savings associated with shade trees in the urban environment.
This grant provides 75% of the funding for the Kern City Reforestation Project for the purchase of plant
~naterial, staking supplies, and tools for volunteers to complete the project. The additional 25% funding, which
is required to match for the grant, will be achieved with in-kind services such as volunteer planting time and
staff time for planning.
The Kern City Reforestation project will move the city closer to the goal of 30% shade canopy stipulated in the
Vision 2020 plan by increasing canopy cover in an under-developed portion of the urban forest while providing
the City of Bakersfield and Kern City residents with additional benefits in reduction of heat island effect, air and
noise pollution.
pg Page 1
March 24, 2004, 3:23PM
S52004 Admins~Kcrn Cit~ Proj Admin doc
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
IAGENDA SECTION: Consent
ITEM: ~. h h'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 31,2004
//~/~PROVED
DEPARTMENT
CITY AI"TORN~
CITY MANAGER
Approve appropriation of $95,720 for the balance of developer's contribution to the
Development Services Operating Budget in the general fund for Agreements approved on
March 25, 2004, for the preparation of an Environmental Impact Report for General Plan
Amendment/Zone Change 03-1544 (Buena Vista Ranch). (Ward 4)
RECOMMENDATION:
Approve appropriation.
BACKGROUND:
On March 24, 2004, the City Council approved agenda item 4.1. for the appropriation and
agreements for preparing the Environmental Impact Report for GPA/ZC 03-1544 (Buena Vista
Ranch). Castle and Cooke, California, Inc. is the applicant for the project. The administrative
report incorrectly identified the appropriation as $47,140. The balance of $95,720 for consultant
services should have been appropriated as well. The correct appropriation amount is $142,860
which offsets the cost of the Environmental Impact Report.
WC
Admin~2004\4-14-bvr
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 I AGENDA SECTION: Consent Calendar
ITEM: H. ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L Kurtz, Economic Development Director
April 8, 2004
Parkview Cottage Project:
APPROVED
DEPARTMENT HEAD ~
ClTY ATTORNEY~)~---~~
CITY MANAGER ~
1) Appropriate $97,000 Downtown Housing Fund balance and Transfer $25,000 from the
Operating Budget to the Capital Improvement Budget for site remediation at 21st & "R"
Street. (Ward 2)
RECOMMENDATION:
Staff recommends approval
BACKGROUND:
On June 9, 2003, Agency, Developer and Builder entered into Agreement No. RA 03-012 for disposition
and development of certain real property located in the Old Town Kern-Pioneer Redevelopment Project
Area in order to create affordable, single-family residences. From December 22, 2003 through February
26, 2004 Greg Petrini, developer of "The Parkview Cottages" at 21st and "R" streets, uncovered a large
concrete and rebar structure on the site. The structure was previously used by the former foundry and
housed a large crane that moved vats of hot metals and ash in the facility. In addition to the structure,
several pit's containing (128 tons) of ash and slag were uncovered and required to be removed. The
extraordinary cost of this cleanup and removal was $122,000. Because of the planned use for residential
homes on the site, there was no alternative except to remove it all.
The Redevelopment Agency purchased the site from Kern County Superintendent of Schools and resold it
to the developer for a nominal amount as was determined from the reuse appraisal. The Phase I and
Phase II environmental analysis were completed prior to the sale and at that time, some slag was found
on the surface of the site and removed by the school district. Unfortunately, due to the depth and location
of the concrete structure and buried ash and slag, these items were not discovered in the environmental
analysis conducted and were unknown to both public agencies when the property was transferred. The
City Attorney is investigating the City's options of recovering the costs and will pursue recovery if feasible.
This project was negotiated with a very tight development budget. There is absolutely no ability to absorb
the extraordinary costs associated with this cleanup by the developer. In addition, the sales prices of the
homes can't be increased to cover these costs due to the income qualifying affordability restrictions we
have placed on the subdivision as a condition of the project. Therefore, the developer has requested
financial assistance from the Redevelopment Agency for these extraordinary costs.
The requested appropriation of $97,000 and transfer of $25,000 will provide the $122,000 necessary for
clean-up and removal of the concrete and rebar structure.
S:~Admins\City Council~appropriation housing fund cottages~doc
4/8/2004 10:42 AM
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 30, 2004
APPROVED
DEPARTMENT HEAD //~
CITY ATTO R N EY~_~,/~.~~,
ClTY MANAGER ~
Reclassification of open Laborer position to a Service Maintenance Worker position -
Streets Division·
RECOMMENDATION: Staff recommends approval of reclassification.
BACKGROUND: The Street Cleaning Section currently has an open laborer position. This position
classification has numerous restrictions on the duties that they can perform. A Laborer is only required to
have a Class "C" license which restricts him/her from operating anything larger then a car or pickup truck.
Due to changes in the Vehicle Code, to operate the majority of street cleaning equipment now requires a
Class "B" license. Approval of the reclassification of this laborer position to a service maintenance worker
position would allow the Division to fully utilize the position in all phases of Street Cleaning Operations;
therefore, operational efficiency would improve.
The salary difference between the two position classifications is $14,000. Funding for the reclassification
would come from the Refuse Enterprise Fund.
GL/dns
March 31, 2004, 3:58PM
C:\Documents and Settings\dtrammeI.BAKERSFIELD\Local Settings\Temp\reciass Streets SMW.doc
MEETING DATE: April 14, 2004
ADMINISTRATIVE REPORT
IAGENDA SECTION: Consent
ITEM: q.k,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
April 5, 2004
DEPARTMENT HEAD
CITY A'I-I'ORN Ey
CITY MANAGER
APPROVED
Approval of additional positions in the Public Works Department (2 Engineering Tech I and
2 Construction Inspectors) and Development Services Department (1 Residential Plan
Checker and 1 Building Permit Technician) to address increased development activity and
service demands to be funded through developer fees.
RECOMMENDATION: Staff recommends approval of positions and scheduling of fee increase hearing.
BACKGROUND:
Recently the City has experienced unprecedented building and construction activity. The demand for
development related services including plan checking and inspections exceeds the capacity of existing
staffing levels and delays in processing permits and inspections are occurring. In order to address this
issue .staff has looked at various service delivery alternatives including contracting out some of the work and
reassigning other employees to assist with the increased workload with limited success. However, since it
does not appear this workload trend will change in the next several years the Public Works and
Development Services Departments both reviewed their staffing needs to identify positions that should be
added to meet workload demands in order to provide a reasonable response times and level of service to
the development industry. Staff is recommending the addition of several positions to be funded through
developer fees to meet this increased demand for services.
Public Works:
The Subdivisions section in FY 2000-01 had a plan check turn around time of 2 to 4 weeks. Currently it
now takes approximately 11 weeks with the existing 2 Engineering Tech positions. Public Works staff has
determined that an additional 2 Engineering Tech positions are needed to improve the plan check turn
around time to a more reasonable period of time. The estimated annual cost of these two positions is
$125,000. Public Works staff is recommending that the cost of these additional staff resources as well as
other related cost increases (including cost of living increases for existing staff, supplies, etc.) be recovered
through fees charged for improvement plan check, final map check, and grading plan check. The
recommended fee increases are summarized in an attachment to this report.
The Construction Division has experienced unprecedented demand for subdivision tract inspections due to
increased building activity as well. Currently there are 3 subdivision tract inspectors on staff.
Developers/contractors now requesting a construction appointment may have to wait 2 weeks for their
appointment. In the past the typical wait was 1-2 days. In order to return to an acceptable level of service
staff recommends 2 additional Construction Inspector positions. The estimated annual cost of these two
positions is $125,000. Staff if recommending increases to the construction inspection fees to recover the
cost of providing improved construction inspection services. The department also found that costs
associated with construction inspection by Traffic Signal Technicians were not being recovered in the
ADMINISTRATIVE REPORT Page 2
current fee. Therefore, the recommended fee increases also include adjustments to recover these costs
and the proposed fees are summarized in an attachment to this report.
Staff has provided examples of the proposed fee changes and fee amounts for several typical projects for
Council information in an attachment to this report. Since the funding of these positions is contingent upon
additional fee revenue, Council approval of the positions will require the adoption of the proposed fee
increase to occur. If the Council approves this report, staff will schedule the required public hearing for the
proposed fee increases.
Development Services:
The Building Division has also experienced tremendous growth in construction activity. There has been a
34% increase in residential permits in FY 2002-03 and a 11% increase is projected for FY 2003-04. The
number of residential permits has grown from an average of 1,500 per year to over 3,700 permits estimated
for FY 2003-04.
The Building Division currently has 2 Residential Plan Checkers and proposes to add 1 Residential Plan
Checker position to provide a reasonable level of service to the development industry. Currently, there are
4 Building Permit Technician Positions, 1 additional Building Permit Technician is being requested to assist
with processing of permit applications, checking of small residential and commemial projects, and assisting
the public with the permitting process. The Building Technicians are responsible for all front counter
activities and have considerable contact with the public in processing permits. The addition of these
positions is important to the improvement of work processing and elimination of bottlenecks in the permitting
process. The cost of the two additional positions is estimated to be $133,000 including one time costs the
first year of about $7,000 for furniture and equipment. The Building Department has sufficient revenues
collected in plan check fees (which are allocated as a part of building permit fee revenue) to cover the cost
of the additional staff and therefore this action will not require an increase to the plan check fee to fund
these two positions.
Staff has had initial discussions regarding the proposed additional positions and the related fee increases
with representatives of the Building Industry Association and will be meeting with them this week to discuss
the proposal in more detail.
In order to provide the level of services desired by the development industry and the public Staff
recommends Council approval of additional positions in the Public Works Department (2 Engineering Tech I
and 2 Construction Inspectors) and Development Services Department (1 Residential Plan Checker and 1
Building Permit Technician) to address increased development activity and service demands. Staff also
recommends scheduling the public hearing for the proposed fee increases.
While, by code, the rate increases will follow the request to hire, the City Council should only
approve this action if the revenue generation to pay the costs is eventually to be authorized.
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.ll.
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
Gregory J. Klimko, Finance Department
March 30, 3004
_APPROVED
DEPARTMENT HEAD~/, -
CITY ATT ORN
v
CITY MANAGER
Transfer $1,300,000 Park Development Fund Balance to reduce the General Fund portion
of the unfunded liability within the Self Insurance Fund.
Appropriate $1,458,000 Park Development Fund Balance to the Park Development Capital
Improvement Budget to complete Phase 1 (as amended) of the 32 acre park project.
RECOMMENDATION:
Staff recommends approval of the transfer and appropriation.
BACKGROUND:
The City's 2002-03 budget included a $1.3 million transfer from the General Fund to the Park
Improvement Fund for construction of the 32 acre park (formerly known as Rio Vista). Park zones
were also consolidated in fiscal 2002-03 to provide council increased flexibility in project funding
and to simplify the accounting for park fees. Additionally, increased development activity over the
past couple of years has generated park development fees that have exceeded expectations, As a
result, there are sufficient Park Development funds to cover the budget needs to complete the
funding of Phase I of the project in the current year without the need for the $1.3 million General
Fund transfer.
We are proposing to back out the General Fund portion of funding and replace it with the additional
Park Improvement funds. The transferred funds were one-time monies. Based on past Council
practice, Et would be inconsistent to put the funds directly back into operations. However. we r~ave
an unfunded Workers Compensation Liability approaching $9 million, of which 80% is [o come
of the General Fund budget over the next five years. Using the $1.3 million to buy down the
Workers Compensation Liability we could reduce the annual General fund portion of the liability by
about $260,000 a year in General Fund dollars, which could free up those dollars for public safety
and streets operations.
- Continued on page 2 -
ADMINISTRATIVE REPORT
Phase 1 of the 32 acre park project was originally budgeted at $4,500,000. Of this amount,
$3,953,000 has been appropriated for the project, with additional funding of $547,000 needed to
complete Phase 1 as originally estimated. As the project has progressed, some of the items
originally listed in phases 2 and 3 have been moved up to phase 1 to provide better functionality of
the initial park operations. These items include the Tot Lot Play and Picnic Area ($583,000), the
Overlook Area and Shade Structure ($130,000) and the Parking Lot and Amphitheater road
($198,000). In order to fully fund the completion of Phase 1 in the current year, including the three
amendments, we are requesting appropriation of $1,458,000 Park Improvement funds for the 32
acre park - Phase 1 as amended.
klg
S:\KimG\Gregory~Admin-park improv return prior contdb.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~.r~ r~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 20, 2004 CITY A'I-rORNEY
SUBJECT:
CITY MANAGER ~
Acceptance of 2002-03 Transportation Development Act Funds Financial Statements.
RECOMMENDATION: Staff recommends referral to Budget and Finance Committee.
BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations, the
California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the
attached financial statements for the Transportation Development Act Funds were prepared for the fiscal
year ending June 30, 2003.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public
Transit Fund.
The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of
Macias, Gini & Company has issued an unqualified opinion.
No other reports were issued by the accounting firm in regards to the above audit report.
March 10, 2004, 4:01PM
G:\GROUPDA'D~ADMINRPT~.OO4\O4-14\Transp, Dev Act Funds Financial Statments.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
JAGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 26, 2004
SUBJECT:
underground communication facilities (Tevis Park).
APPROVED
DEPARTMENT HEAD~
C 'A rORNE¥
CITY MANAGER
Pacific Bell's request for an easement between Lone Pine Way and a future street to install
(Ward 4)
RECOMMENDATION: Staff recommends approval of easement.
BACKGROUND: Pacific Bell has requested the City grant them a five foot wide easement in a City sump
to extend communication service from one subdivision to another. Pacific Bell desires to install an
underground cable in the sump to avoid having to trenching existing City streets. The proposed
easement has been reviewed and approved by Property Management, Water Resources and the City
Attorney's Office. Pacific Bell will be paying an administrative fee of $1,000.00 for this easement. Also,
Pacific Bell is required to relocate its' facilities, at its' cost, if requested to do so by the City. Further, there
will be no above ground facilities as not interfere with the City operations.
March 26, 2004, 1:05PM
P:\MyFiles~Admin Reports\SBC Tevis Park sump.doc
DMNs
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
I ITEM: L~,00'
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
March 26, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
A Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant
*Requested by the Kern County Administrative Office
RECOMMENDATION:
Staff recommends Council authorize the waiver.
BACKGROUND:
The City received a request from Sr. Deputy County Administrative Officer, Fred Plane, for the City
Manager to sign a waiver allowing Kern County to access federal grant funds which are designated for
Bakersfield.
Funds in the amount of $32,470 were allocated for the Bakersfield area for fiscal year 2004-05 for the
purpose of providing funding for juvenile accountability programs, probation services, juvenile court and
incarceration. The City has no eligible use for the monies because the amount of funding provided to cities
is not adequate to fully support these types of programs and services, which are typically provided by the
county.
The grant requires a 10% match of funds for which the county will be responsible. The funding for this
program must be applied for on an annual basis, thus this waiver request is for this year only. The state
which administers the federal grant program requires the waiver for the county to access these funds.
EWM/vrf
March 26, 2004, 12:40PM
P:\RP*[~Admins~Admin Grant Juvenile Accountability 4-14-04.DOC
Kern County Administrative Office
County AdministJ'ative Center
1115 Truxtun Avenue, Fifth Floor * Bakersfield, CA 93301-4639
Telephone 661-868-3198 , FAX 661-868-3190 · ~ Relay 800-735-2929
SCOI'r E. JONES
County Administrative Officer
March 18, 2004
John Stinson, Assistant City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear~n:
i' RECEIVED
i_,..? .'r~...?ANAGER S.
Each yeas, the State of California provides local government with pass-through funding from the United States Depattment
of Justice through the Juvenile Accountability Incentive Block C-nmi (JAIBG) Program. The funding is to be utilized to
promote greater accountability of juveniles in the justice system, with the goal of holding juvenile offenders accountable for
their criminal activities. The fundIng from this program must be applied for on an annual basis.
The funds from this program arc dis~buted based on the unit of local government's law enforcement expenditures and the
average number of Uniform Crime Report Part 1 Violent Crimes repotted by each unit of local government. In general,
counties are allocated the greatest share of funding, with cities receiving smaller allocations.
Since cities generally do not provide law enforcement services for juveniles, such as probation services, juvenile court, and
incarceration, and the amount of funding provided to cities is not adequate to fund these type of programs, the IAIBG
guidelines include a provision for cities to execute a waiver of these funds and allow the funding to be used by the County to
enhance juvenile services to local residents. Your city executed a waiver last year and this le~r is to request that your city
execute such a w~iver again to allow the County to apply for these funds for Fiscal Year 2004-05. The amount for your city
is $32,470 for FY 2004.-05.
We have attached a waiver form provided by the State which would ailow the County to apply for these funds. Your
consideration of this request would be gready appreciated, and execution of the waiver will ~,sult in an increased level of
services provided to juvenile criminal offenders in our community. The deadline for application to the Stag is May 1, 2004
and an executed waiver is necessary for the County to include ~s~ funds in our application.
Please let me know of the City's intent regarding this request. Thank you for your prompt attention to this matter.
Sincerely,
Attachment
cc: Larry Rhoades, Chief Probation Officer
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Hearings
ITEM: E,o._,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 25, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution ordering the vacation of Brite Street on the east side of Oleander Avenue.
(Ward 1 )
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: An approximately 173 foot long (dead-end) portion of Brite Street was created on the
east side of Oleander Avenue by the State Route 58 right of way. Doctor Patrick Paw, M.D. owns the
adjacent lot (309 Houchin Road) on the south side of the subject dead-end street. Dr. Paw has submitted
an application to the City requesting the vacation of this portion of Brite Street for several stated reasons.
Dr. Paw notes that his lot is the only one served by the stubbed street and he does not use it for access to
his property. He states that there is no practical use for it as a public street.
Dr. Paw states that the short street is a location where various illicit and suspicioious activities take place.
Several stripped and abandoned cars have been found in the area, parked cars conducting suspicious
business at night and also the area has become a dumping ground for garbage and discarded items. Dr.
Paw states that he and his neighbors have complained to various law enforcement agencies and the
agencies agreed that the dead-end street serves no useful purpose and is a potential location for criminal
activities.
The City Fire, Police, Public Works, Water Resources, Development Services, and Economic
Development Departments have been notified and none have objected to the proposed vacation. Public
Works notes that there is a public sewer main located in the vacating area for which an easement must be
reserved..
The utility companies serving the area have been notified by mail and the utility companies have indicated
they have facilities in the vacating area that will need to be protected by reservation of an easement.
Public Works notes that a public utility easement must be reserved over the entire vacating area to serve
this purpose.
The State of California Department of Transportation has been notified and they have informed the City of
their freeway maintenance access gate at the east end of the vacating area. Caltrans notes that they have
no objection to the proposed vacation if easement rights are reserved for access to their gate.
In January, 2004, all property owners within a radius of 300 feet of the vacating area were mailed a
preliminary notice of the proposed closing and none have indicated any objections as of the date of this
March 24, 2004, 2:50PM ~
G:\GROUPDAT~.DMINRPT~2004\04-14\Vac Brite St E of Oleander Admin. DOC
ADMINISTRATIVE REPORT
repod.
The proposed vacation was heard by the Planning Commission at its meeting of February 19, 2004, and
was found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant toSection 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that
the action may have a significant effect on the environment.
Notice of this public hearing has been duly advertised and posted as required by law.
2
March 24, 2004, 2:50PM
G:\GROUPDAT~ADMINRPT~2004\04-14\Vac Brite St E of Oleander Admin. DOC
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Closed Session
ITEM: (~. o~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 2, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
1. E. Brooks, et al. v. City of Bakersfield
KCSC Case No. S-1500-CV 249762 AEW
Bradford Martin v. BPD, et al.
USDC Case No. CV-F-01-6119 TAG
Goland and Roy v. Wright, City of Bakersfield, et al
Kern County Superior Court Case No. 259490-AEW
RECOMMENDATION:
BACKGROUND:
VG:Is
4/2/2004
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Closed Session
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Carroll Hayden, Human Resources Manager
April 1, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Closed Session pursuant to Government Code 54957.6; Employee and Labor Relations
Directions
RECOMMENDATION:
BACKGROUND:
ch
April 1, 2004, 11:01AM
S:~ADMINRPT~Closed Session, General Dir.,dot
ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Closed Session
ITEM: G, 0..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 30, 2004
DEPARTMENT HEAD
CITY ATTORNEY ///~
ClTY MANAGER ~
APPROVED
Conference with Real Property Negotiators pursuant to Government Code § 54956.8
Property: 5601-A Rosedale Highway
Agency Negotiators: Finance Director Gregon/Klimko, and
Real Property Manager Donald Anderson
Negotiating Parties: Charles Mangus for Mangus Trust
Under Negotiation: Price and terms of payment for purchase
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
IMEETING DATE: April 14, 2004
AGENDA SECTION: Presentations
ITEM: I
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 30, 2004
OVED
DEPARTMENT HEAD~.~I
ClTY ATTORNEY
ClTY MANAGER ~
Presentation by Mayor Hall of Proclamation to LaNeice Kersten, Co-Chair of the Equal
Oppodunity Committee of the Bakersfield Association of Realtors, proclaiming April, 2004,
as "Fair Housing Month".
RECOMMENDATION:
BACKGROUND:
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March 30, 2004, 11:03AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004 AGENDA SECTION: Presentations
ITEM: II. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 30, 2004
DEPARTMENT HEAD ~R~VED
C~A~OR.EY ~' ~J
CITY MANAGER ~
Presentation by Liz Gomez, Government Relations Representative for PG&E, of Franchise
Fees Check to the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
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March 31, 2004, 12:54PM
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ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: Reports
ITEM: I~ .CL.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
March 31, 2004
Budget Update
APPROVED
DEPARTMENT HEAD ~_~_.,~ ,-~
CITY ATrORNEY ~
CITY MANAG ER"--~_~
RECOMMENDATION:
BACKGROUND: There will be a brief report on the status of the budget by City Manager, Alan Tandy.
April 6, 2004, 3:44PM
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JWS:al
ADMINISTRATIVE REPORT
IMEETING DATE: April 14, 2004
AGENDA SECTION: New Business
ITEM: I~0,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 2, 2004
APPROVED
DEPARTMENTHEAD.,,~"~
CITY ATTORNEY
ClTY MANAGER
Resolutioninsupportofimprovingregulationsrelativetogrouphomes.(AIIwards)
RECOMMENDATION:
Staff recommends adoption of resolution and distribution to our State representatives.
BACKGROUND:
This draft resolution would encourage legislation to require:
1. Notification of cities and counties of the licensing, location and clientele of all group homes.
2. Strict standards of counseling and supervision of clients in group homes,
3. Enforcement of those standards and prosecution for violating them.
4. Frequent unscheduled inspections of facilities and reviews of their programs.
5. Separation of all group homes from each other by at least 1,320 feet.
6. That the owner of the group home be the resident occupant/operator of the group home.
7. That they not be concentrated in a community and if a community is impacted by a
concentration of group homes no more should be allowed without city approval.
This matter is presented to the Council for consideration because of recent complaints about group
homes within the city, news stories statewide about problems with group homes and a desire by at
least one Councilman to discuss group home issues.
Group homes for six or fewer clients are statutorily classified as a residential use by the State of
California. They may not be subjected to any regulation not applicable to other single family
residential uses even though they have certain business and institutional characteristics. They
house a variety of clientele including drug and/or alcohol abusers, juvenile sex offenders and
others with problems requiring counseling and supervision. We hear about them from time-to-time
ADMINISTRATIVE REPORT Page2
as questions or complaints from neighbors and news stories. Because of their protected status the
city is not notified of their presence by the State. Upon last inquiry to the State Department of
Social Services about 150 of their licensed facilities were found scattered about the city. The State
Department of Alcohol and Drugs is much less cooperative in giving information about its facilities
so how many there are here is unknown. However, based on the affordability of housing in the
Central Valley and news stories about group homes in other communities it seems businesses that
operate and provide the care and shelter for group homes are gravitating to our area.
Our experience is that neighbors are often concerned about the establishment of group homes
because they are not informed of the type of clients being moved in - whether they are criminals or
individuals who need a bit of help. There have been complaints about unreasonable volumes of
traffic, inconsiderate behavior of staff, poor supervision by staff, loitering by clients and poor
supervision by State agencies. Of course, little or nothing is known of the well-managed facilities.
Past efforts to have cities more involved in regulation or siting of group homes have been defeated
but in hopes that the legislature will become more conscious of some of the problems of group
homes, staff offers the attached resolution for consideration.
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ADMINISTRATIVE REPORT
MEETING DATE: April 14, 2004
AGENDA SECTION: New Business
ITEM: ~,, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 8, 2004
Off Highway Motor Vehicle Recreation Project:
APPROVED
DEPARTMENTHEAD
CITY ATTORNEY /~:~-
CITY' MANAGER
Resolution approving the application for and receipt of State Grant Funds for a new off
highway vehicle park.
Project Agreement with State of California to receive funds for preliminary work necessary
to site a new off highway vehicle park.
Grant Agreement with State of California to receive grant funds for a new off highway
vehicle park.
Appropriate $500,000 State Grant Funds to the Off Highway Vehicle Park Capital
improvement budget.
RECOMMENDATION:
Staff recommends adoption of resolution, approval of agreements and appropriation of _~t~ Grant
Funds. ~
BACKGROUND:
These two contracts between the City of Bakersfield and the State Department of Park and
Recreation Off Highway Vehicle Division cover the preliminary work necessary to site a new off
highway vehicle park. One provides $98,000 to the city immediately and the other is a grant for
$402,000 with prospects for an additional 1.6 million dollars. There is no "matching dollaF'
requirements in either of these agreements and there is a termination clause.
This resolution, mandated by the State, approves the agreements and accepts grant funds for a
new off highway vehicle park.
The project commenced two years ago with the establishment of the Northeast Bakersfield Open
Space Plan. Eventually, the historical off-road use in northeast Bakersfield will be eliminated by
both passive recreation areas and urbanization.
The City Council adopted policy during the Metropolitan General Plan Update to aid in the
establishment of an off-road vehicle park. Because of land use conflicts this park will not be
located within the city limits and several areas east of Bakersfield are under consideration.
ADMINISTRATIVE REPORT
Page2
Upon initiation of the project, it should take approximately 18 months to achieve approvals
necessary to construct this recreational park.
While we are attempting to facilitate this improvement, a cautionary note is in order. Environmental
challenges to this project can cost time and a great deal of money - funding not covered by the
grants or the State. Should this occur, the State has agreed to mutual termination of the grant
documents. In that eventuality, the amount spent of the grants would not have to be refunded.
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